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Health Care, Welfare & Entitlements Archive

Tuesday

13

April 2010

0

COMMENTS

Passing Obamacare Was Bad For Congressional Health

Written by , Posted in Health Care, Welfare & Entitlements, Media Bias

Not just electorally, but literally:

In a new report, the Congressional Research Service says the law may have significant unintended consequences for the “personal health insurance coverage” of senators, representatives and their staff members.

For example, it says, the law may “remove members of Congress and Congressional staff” from their current coverage, in the Federal Employees Health Benefits Program, before any alternatives are available.

The confusion raises the inevitable question: If they did not know exactly what they were doing to themselves, did lawmakers who wrote and passed the bill fully grasp the details of how it would influence the lives of other Americans?

Of course, the New York Times had no use for this question when it might have actually mattered.

Hat-tip: Hot Air

Thursday

8

April 2010

0

COMMENTS

Only Patients Are Qualified To Say No, Not Government

Written by , Posted in Health Care, Welfare & Entitlements

David Leonhardt of the New York Times has discovered that health care is not a free and unlimited good. Some way or another, a certain amount of demand will not be met.  People cannot get all that they want because it is a scarce good and is restrained by the same laws of supply and demand – and physics – as all goods.

What is interesting, though, is that the New York Times suddenly finds denying care to be a great development. But isn’t this exactly what the left has long condemned insurance companies of doing? What they could not afford to admit before the bill passed they now find commendable: government is taking over the function of insurance companies as the primary mechanism for determining the allotment of care. For those of us who understand not only that government is least qualified for this role out of all possible institutions, but also that political power is uniquely corruptible, this is a frightening prospect.

It’s not that the author is wrong that we often times overuse health care. As a nation we tend to overtest, overtreat and just generally overreact to every possible physical ailment. What he fails to do is recognize the fundamental reason behind this: the patient is not the consumer. Current “insurance” is more like a medical prepayment plan, often taken out of our paychecks with little choice. At no point does the patient have to consider the costs versus benefits of expending resources on a particular test, because the resources being expended have long ago been forfeited by him. He lost them as soon as the government gave a tax advantage to businesses for providing employee insurance, making a dollar of health care compensation less expensive than a dollar of wages.

Leonhardt offers a “three-step process” so that government institutions can learn to “say no.” “The first,” he says, “is learning more about when treatments work and when they don’t.”  Next is giving patients more information and facts about treatments.  These two issues are closely related. The problem is that neither is solved by introducing government into the equation.

The question of information in health care is inherently problematic. Often times we don’t know what works best. Other times, what works best for one might not for another.  Yet other times, what we once thought worked best turns out to be quite harmful. This is simply the nature of the beast. Government is in no better position to deal with this than anyone else, and will necessarily run into the same issues, along with introducing its own inherent inefficiencies.

As for giving patients more information, that’s a laudable goal. But why do they not get more information now? Ultimately, it’s because it doesn’t matter.  Their choice simply isn’t important. The choice of insurance companies to approve or deny treatment is what matters to doctors, and so they are the ones who are most informed. This, again, will not be solved by government bureaucrats. It can only be solved by making the patient important.

Finally, he suggests “changing the economics of medicine, to reward better care rather than simply more care. Health reform doesn’t go nearly far enough on this score, but it is a start.” I agree completely. Where we differ is on how to accomplish this.

Replacing insurance companies with government will not fundamentally change the economics of the system, nor produce the reforms Leonhardt desires. It is simply not capable of it. Rather, it will make government bureaucrats the new bad guys instead of insurance companies. Real innovation in health care would mean empowering consumers with the choice on how to direct their resources, while consigning insurance to its proper role as that of mitigator against catastrophic financial risk. More importantly, it would return the responsibility to consume health care thoughtfully and diligently to the only person with the incentive to do so wisely: the patient.

Friday

2

April 2010

0

COMMENTS

Lefties Claim They Can’t Find Anyone To Argue That Obamacare Is Unconstitutional

Written by , Posted in Health Care, Welfare & Entitlements

The University of Washington held a “debate” over the constitutionality of the health care bill in which none of the participants argued it was at all unconstitutional. Explaining this farce, the university claimed they couldn’t find any law professors to argue the opposing view.  Liberal blogs such as TalkingPointsMemo and Think Progress picked up the story to brag that the left can’t find any law professors to argue that Obamacare is unconstitutional. Clearly they haven’t looked hard enough.

Cato Institute legal scholar Ilya Shapiro, who is also an adjunct professor at George Washington University Law School, has issued a simple challenge. He’ll debate the constitutionality of Obamacare “anywhere at anytime.”

It’s not as if he’s the only one. Randy Barnett teaches constitutional law at Georgetown University and recently wrote in the Washington Post about different possible challenges to Obamacare. He concluded that several “constitutional challenges to health-care reform have a sound basis in the text of the Constitution.” Richard Epstein, of the University of Chicago, is another well-known skeptic of the bill’s constitutionality, and several months ago authored a piece explaining why in the Wall Street Journal. There are plenty more.

Here’s the $64,000 question. If the brilliant scholars at the University of Washington couldn’t properly conduct a basic search to find any of the numerous legal scholars who find Obamacare unconstitutional, how seriously can they possibly expect us to take their legal scholarship?

Cross-posted at Big Government

Friday

26

March 2010

0

COMMENTS

Precedent Be Damned

Written by , Posted in Health Care, Welfare & Entitlements, The Courts, Criminal Justice & Tort

The LA Times gloats that precedent is against the states seeking to protect their sovereignty in the face of Obamacare’s unconstitutional onslaught.

Reporting from Washington – Lawsuits from 14 states challenging the constitutionality of the new national healthcare law face an uphill battle, largely due to a far-reaching Supreme Court ruling in 2005 that upheld federal restrictions on home-grown marijuana in California.

At issue in that case — just like in the upcoming challenges to the healthcare overhaul — was the reach of the federal government’s power.

…They said the Constitution gave Congress nearly unlimited power to regulate the marketplace as part of its authority “to regulate commerce.”

…The decision throws up a significant hurdle for the lawsuit filed last week in federal court by 13 state attorneys — all but one a Republican. The Virginia attorney general filed a similar, but separate suit.

The article later got more ridiculous: “While the Bill of Rights put clear limits on the government’s power to interfere with an individual’s freedom of speech or free exercise of religion, the Constitution does not put clear limits on Congress’ power.”

Poppycock.

The Constitution puts quite clear limitations on the power of Congress. Namely, it gives Congress specific and enumerated powers and anything else is off limits. It can’t get any clearer. That the courts have gotten it wrong for 80 years at the behest of Progressives who fundamentally don’t like the Constitution doesn’t change this.

Even after the horribly decided Raich case, there’s still no clear precedent showing that Congress has the authority to force the purchase of a good. If they have such a power, then they have all powers and we’re no longer living in a Constitutional Republic.

Given the courts’ sorry history in the defense of liberty and constitutionality, I’m hardly holding my breath on these challenges. But to say that there is any precedent to support what this bill does is simply false. Even for a government with a history of overreaching, this is something new.

But even if the states don’t have precedent on their side, they have something better: the U.S. Constitution.

Wednesday

24

March 2010

0

COMMENTS

The Threats Begin

Written by , Posted in Health Care, Welfare & Entitlements

For those who stubbornly insist the government hasn’t taken over the insurance industry:

Asked if insurance companies might raise their rates on health coverage and blame the increases on the new health-care bill, Pelosi said that the insurance companies should be aware that they’re not “automatically included” in the new health exchanges the bill creates.

“Unless they do the right thing, they’re not going in,” she said. “They will be relinquishing the possibility of having taxpayer-subsidized consumers in the exchange,” she said.

That’s a nice insurance company you got there. Be a shame is something were to ‘appen to it.

Wednesday

24

March 2010

0

COMMENTS

The Conyers Clause

Written by , Posted in Health Care, Welfare & Entitlements

CNSNews asked John Conyers, Chairman of the Judiciary Committee, to justify the Constitutionality of an individual mandate to purchase health insurance.

CNSNEWS: “What part of the Constitution do you think gives Congress the authority to mandate individuals to purchase health insurance?”

Rep. Conyers: “Under several clauses. The good and welfare clause, and a couple others.”

Rep. Conyers, who has a law degree, made up this clause.  There is obviously no “good and welfare clause.”

Nor can we be comforted that this might just be a slip of the tongue.  The General Welfare Clause, to which he may have intended to refer, does not grant any actual powers to Congress.  Rather, and contrary to popular understanding, it is a restriction on the powers granted elsewhere, preventing them from being used to advance a specific or special interest.

The disdain for which the left treats the Constitution is a direct result of the fact that it stands in the way, by design, of their deepest desires for power and control.

Monday

22

March 2010

0

COMMENTS

Post-Obamacare

Written by , Posted in Health Care, Welfare & Entitlements

Gazing into my crystal ball, I see the world as it exists post-Obamacare.  The health insurance industry collapses.  Doctors are closing their doors.  Democrats are out of power.  I suppose you could say it’s a mixed blessing.

It is not hard to figure out what the health care reform bill will do to health care itself.  Using redistribution, the bill will increase consumption of health care.  At the same time, the additional burdens placed on doctors who can’t stay afloat on what Medicare pays will result in many leaving practice altogether.  Greater demand + dwindling supply = skyrocketing prices.

While this is happening with health care, health insurance will be stuck between a rock and a hard place.  On the one hand the federal government has just mandated the purchase of their product, delivering millions of new customers.  Maybe.  The problem there is that enforcing the mandate will be nearly impossible, if the courts don’t strike it down altogether.  Federal regulations also now prevent insurers from refusing coverage based upon preexisting conditions.  The market response, of course, is to charge higher prices to those with greater risk.  But many state regulations don’t allow price discrimination.  This means that health insurers are basically being forced to give charity.  Forcing insurers to take high cost customers + denying them the ability to charge them appropriately = bankrupt insurers.

So, from above we now have bankrupt insurers and skyrocketing health care costs.  Skyrocketing costs + bankrupt insurance = a broken system in which nearly everyone will suffer.

Friday

12

March 2010

0

COMMENTS

Experts Discover The Obvious

Written by , Posted in Free Markets, Health Care, Welfare & Entitlements

There’s waste in health care!

Too much cancer screening, too many heart tests, too many cesarean sections. A spate of recent reports suggest that too many Americans—maybe even President Barack Obama—are being overtreated.

Is it doctors practicing defensive medicine? Or are patients so accustomed to a culture of medical technology that they insist on extensive tests and treatments?

A combination of both is at work, but now new evidence and guidelines are recommending a step back and more thorough doctor-patient conversations about risks and benefits.

Defensive medicine, which is a response to so many frivolous lawsuits, is no doubt part of it.  But the problems are deeper and systemic.

The third-party payer system is the biggest contributor.  When patients are insulated from the costs of treatments, they have less incentive to ensure their necessity. Overconsumption is guaranteed under such a setup.

Some will use this and put forth the wrong solution.  “We need greater government involvement,” they’ll say, “to set guidelines and provide information on what treatments are really needed.”  This approach is destined to fail.  Government processes are necessarily political, and any attempt by government to create such guidelines will only encourage the stakeholders – manufacturers of medical equipment, drug companies and doctors – to spend more time lobbying government to ensure the guidelines benefit them.  Who will lobby for patients?

The better solution is to bring the patient back into the equation.  Phase out the third-party payer system by reforming Medicare, eliminating tax distortions that give employer provided insurance an advantage of individual coverage, and remove the onerous regulations that prevent more innovative care models from emerging.

We also have to realize that there will always be a certain percentage of treatments that are not strictly necessary.  It is the nature of the industry that it’s not always clear what works and what does not.  The important thing is to have a system where each agent – patient, doctor and insurance – has appropriate incentive to examine the suitability of both the quality and quantity of care provided.

Wednesday

10

March 2010

0

COMMENTS

Even For Britain This Is Shocking

Written by , Posted in Health Care, Welfare & Entitlements

Britain’s nationalized health care system is so wonderful we’re trying to emulate it.  Only it’s not wonderful.  It’s atrocious.  Even by Britain’s standards, though, this story is amazing:

The 22-year-old was not given vital medication after an operation at St George’s Hospital in Tooting, south London, according to his mother.

A coroner has such grave concerns about the case that it has been referred to police who are investigating Mr Gorny’s care.

…His mother, Rita Cronin, says he needed drugs three times a day to regulate his hormones, but he was not given them by hospital staff.

She said he became very dehydrated but his requests for water were refused and nurses called in security guards to restrain him when he became angry.

He became so frustrated that he rang the police from his bed to demand their help but officers were assured Mr Gorny was fine.

She said nurses assumed he was just badly behaved.

Mr Gorny’s cause of death was determined to be dehydration.

But don’t you Britons worry, because “new procedures [have been] introduced to ensure that such a case cannot happen in future.”

The only procedure capable of ensuring government competence is…woops, sorry, there is no such procedure.

The manner in which that patient was treated is only possible in a system where the patient is not the customer. Keep that in mind as the left argues that we need even more regulators and insurance agents in between you and your  doctor, rather than fewer.

Monday

8

March 2010

0

COMMENTS

The "Rationing" Must Stop!

Written by , Posted in Health Care, Welfare & Entitlements

Don Boudreaux takes the President down in an open letter:

Dear Mr. Obama:

CBS radio news this morning ran a clip of one of your recent speeches.  In it, you criticize insurance companies because they “ration coverage … according to who can pay and who can’t.”

My first thought was “not exactly; coverage is rationed according to who pays and who doesn’t.”  Ability to pay isn’t the same thing as actually paying, and what insurers care about is the latter.  Many folks – especially young adults – have the ability to pay but choose not to do so.  They get no coverage.

But further pondering of your point leads me to look beyond such nit-picking to see fascinating possibilities.  Not only insurers, but all producers who greedily refuse to supply persons who don’t pay should be set aright.  Now I’m sure that you don’t ration the supply of the books you write according to any criteria as sordid as requiring people actually to pay for them.  But our society is full of people less enlightened than you.

For example, the typical worker rations his labor services according to who pays and who doesn’t.  That must stop.  Oh, and supermarkets!  Every single one rations groceries according to who pays.  Likewise with restaurants, clothing stores, home-builders, furniture makers, even lawyers!  You name it, rationing is done according to who pays.  Indeed, my own county government has been corrupted by this greedy attitude: if I don’t pay my taxes, the sheriff takes my house – effectively booting me out of the county merely because I didn’t pay for its services.

Preposterous!

I look forward to your changing this selfish and unfair system of rationing that for too long now has kept Americans impoverished.

Sincerely,
Donald J. Boudreaux