[[This post has been updated. To view the most recent version, click here.]]
What do public disasters and selling real estate have in
common? Misfortune creates opportunity. Arising from the ashes of repeal and
replace, progressives sense an opportunity to push for a universal healthcare
plan: Medicare for all. Even if moderate Republicans and moderate Democrats
manage to communicate in a protected bubble outside the rabid screeching of the
far right and far left, Medicare and Medicaid have become too stigmatized by
the slogans and ten-word sound bites that constitute public debate in this
country. We cannot hope to build a system around that stigma. We need not only
a new vocabulary but a new willingness to address legitimate concerns of the
left and the right without abandoning the rational middle ground.
The good news is we elected a president who is not unduly
burdened by adherence to fundamental political principles. He has a
transactional morality and a reputation as a deal maker which he now desperately
needs to validate. If the moderate middle can put together a deal, this
president will sign it in order to take credit for the victory—and we have to
be willing to make that sacrifice for the common good. The sad truth is we have
not really tried to find a win-win because the two sides have only been
interested in a win that would be a loss for the other side. If it is a win-win
for all of us, then it will be a win for the president. Those who do not want
to see him get a win will have to ask themselves if that desire is more
important than a win for us all.
There is an historic opportunity to create a long term
solution to this nation’s problem with providing and paying for healthcare. We
have been debating this issue as long as we have been a nation and have been
doing so in earnest since the end of World War II when President Harry Truman
proposed the creation of a national health insurance plan. We really haven’t
come up with many better ideas in the last 70 years. The Affordable Care Act is
in fact close to being the optimal solution (if all 50 states had expanded
Medicaid) that can be created within the existing system, but it leaves
significant problems unresolved. It is past time we initiated a comprehensive
“reboot” of the system.
Why should anyone listen to my advice? I grew up and still live
in a politically conservative area in the middle of this country. I am an
attorney. I own and manage a for-profit health system. My focus as a
businessman has been on our service mission and job creation. Our health system
is known in the industry as a safety-net provider because we focus on providing
primary care for an at-risk patient population. As such, I have “roots” in both
conservative and liberal camps and causes. I have no political agenda outside
of the intersection of politics and healthcare. I know healthcare intimately
and expansively. My health system had hospitals in a Medicaid expansion state
(Arkansas) and a non-expansion state (Missouri). I have experienced the
negative side of bureaucratic regulation—most notably when CMS closed our
Missouri hospital because it was doing too good of a job providing primary care
to at–risk patients and no longer looked like a typical hospital. I have
experienced the positive impact of a government program for rural providers
through our critical access hospital and rural health clinics.
I am proposing the creation of a universal health insurance
plan that also preserves the existing healthcare payment and delivery system.
It would be called Americare because it is similar in some respects to Pete
Stark’s Americare proposal to create a public option. Frankly, a robust public
option based on Medicare would indeed solve many of the ACA problems—but it would
not address legitimate concerns of the moderate right regarding the tendency of
any kind of governmental bureaucracy to impose innovation from the top down, or
the negative consequences of the Medicaid program—at least as it is perceived
by the public.
As a Missourian reared on conservative principles and as a
businessman trying to compete on an uneven playing field, I heartily endorse
free market principles—but I also insist that people deal with reality and not
virtual, political unrealities manufactured from slogans and sound bites. Those
on the far right maintain there is no reason to impose a governmental solution
on healthcare, because healthcare is a consumer service and solutions would be
best left to free market forces. Reality check: there is a fundamental defect
in that argument. It ignores the fact that a universal healthcare coverage plan
already exists in this country. EMTALA is the law that requires a hospital to
treat a person who comes to the hospital with a medical emergency—to the full
extent of the hospital’s capabilities and resources—regardless of that person’s
ability to pay. If a person comes to a hospital with a medical emergency, the
hospital could spend $300,000 or more treating that patient. If the patient
cannot pay, then everyone pays because those uncompensated costs are passed on to
the people who do pay. As a consequence of EMTALA, everyone in this country is
already in a shared risk insurance pool. Unless the Freedom Caucus is willing
to repeal EMTALA, the discussion should focus on finding the best way to pay for
our existing universal healthcare coverage. I expect people of conviction to be
willing to accept the consequences of their convictions. The conversation has
to start with EMTALA. Repeal EMTALA and tell hospitals it is okay to deny
admission to people who cannot pay and to let them bleed to death in the hospital
parking lot. If not, figure out a way to pay for universal healthcare coverage.
It is that simple. If a politician will stand up and say hospitals should be
allowed to let poor people die in order to have a truly free-market system, I
will disagree with the philosophy but I will acknowledge it as a legitimately
held conviction. Otherwise, any politician who will not acknowledge the
fundamental reality imposed on the provider side while insisting on free-market
solutions on the payor side is either ignorant or dishonest.
The second reality—and the one that the Affordable Care Act
was primarily designed to address—is that no amount of theoretical access to
care is meaningful if that care is not affordable. Absent insurance coverage,
healthcare is already unaffordable for ordinary people. Without a comprehensive
health insurance system, healthcare in this country becomes a two-tiered
system: complete access to care for the wealthy and access through hospital
emergency departments guaranteed by EMTALA for everyone else. From a purely
economic perspective, the quickest fix to affordable healthcare—which means
affordable healthcare insurance—would be to offer a public option paying
Medicare prices on the existing exchanges to any provider willing to accept the
public option insurance. Sign me up. The only “reality-based” issues one can
raise against a public option fix for the ACA arise solely from the fact that
it would be a government program. I am not saying there are not legitimate
concerns about government programs but I have no patience for people who are
opposed on purely political grounds and are unwilling to engage in a true
risk-benefit analysis. The “government: bad” versus “free-market: good” simplistic
dichotomy is intellectually dishonest when discussing our healthcare system.
Some of the solutions to the issues we face will necessarily be governmental.
We have to find the right balance between government and free-market.
Features of my Americare plan:
- Americare would give everyone something
they want and everyone would have to give up something they want. It is an old
bromide among attorneys. The best compromise agreement is the one that all
parties hate equally.
- Americare would be a national
health insurance program paid for by compulsory premiums collected by the
federal government, creating a “single payor” system covering the first 60% of
the cost of care. Administration of the Americare program would be built on
existing Medicare infrastructure including the use of insurance companies acting
as fiscal intermediaries to process and pay claims.
- The 40% not covered by Americare
would be covered by the existing payor system which would be converted to a
“secondary payor” program. Secondary payors would also be allowed (encouraged)
to offer an expanded benefit package as to which they would be the primary and
secondary payor.
- Americare would NOT be an
entitlement program. It would be paid for by the premiums collected by the
government. Americare could not borrow from the federal government or loan
money to the federal government.
- Americare would establish a
universal benefit package based on the current Medicare benefit package. People
would be allowed to obtain additional benefit coverage through the secondary
payor system. There would be gold and platinum “club” benefit plans.
- The Americare universal benefit
package would include long term care. Doing so would remove long term care from
the Medicaid program but it would necessitate inclusion of long term care as a
covered benefit by the entire secondary payor system.
- Americare would establish the
price to be paid for covered care. The Americare program would negotiate price
for drugs if the drug company wanted its drugs covered by the program. Drug
companies would not be allowed to “carve out” a single drug and offer it only
through the secondary market.
- The Medicaid program would become
a secondary payor for those beneficiaries determined by each state to be
eligible for Medicaid. The federal government would continue to cover 50% of
the cost of care for Medicaid beneficiaries (50% of the 40% not covered by
Americare) and the benefit package would be established by Americare; however,
each state would be completely free to determine eligibility.
- Providers would not be forced to enroll
in Americare, Medicare and Medicaid programs and patients could elect to pay
privately for non-enrolled provider care, but providers enrolled in all three
programs would benefit from an additional collection enforcement mechanism. Unpaid
claims could be submitted to Americare and the IRS would collect the claim
against tax refunds owed to the patient.
- The relationship between Americare
and Medicare would be complicated. In essence, Medicare would be transformed
into Americare by both expansion and contraction: Americare would expand
Medicare coverage from cradle to grave but would contract coverage to 60% of
the cost of care.
What are the advantages to this Americare plan?
- Americare is not an entitlement
program. It is a pay-as-you insurance program. The premiums will be set at a
universal rate for all persons paying the premiums. The moderate middle of
congress is not going to be able to sell a new entitlement program. The fact
that Americare will use private insurance companies as fiscal intermediaries
will appease the insurance industry somewhat and provide cover for those
beholden to that lobby.
- Americare will dramatically reduce
federal and state government outlays under Medicaid programs. The Medicaid
program has gotten a bad rap and has become a public whipping boy. I have
listened to people denigrate Medicaid as welfare for able-bodied adults refusing
to work while getting free healthcare who, in the next breath, expect government
coverage for long term care on the theory that it is somehow “not fair” to use
up all of daddy’s assets paying for a nursing home. They never make the
connection that most of the money Medicaid spends goes toward long term care. No
amount of re-education is going to repair Medicaid’s image. Medicaid eligibility
would be left to individual states to determine.
- Americare would virtually eliminate
the ranks of uninsured. The Americare premium payment would be imposed as a
flat rate on all income capped at some ceiling level of income determined by
negotiation by the moderate middle lawmakers. There would be no floor income. Everyone
would have to pay something.
- Deductibles and co-insurances
would be imposed and collected through the secondary payor system. All of the
current quality and payment initiatives in place and being developed would
remain in place for the 40% not covered by Americare. Secondary payors would be
allowed to impose penalties for patients who fail to show up for scheduled
appointments. Care should cost more for patients who are chronically
noncompliant. Penalties and incentives would be not only allowed but encouraged
in the secondary payor system.
- Over the next five years,
Americare will apply downward pressure on pricing with the ultimate goal to put
all provider payments at Medicare rates (as projected forward). Hospitals and
physicians will scream that it cannot be done, that it will bankrupt the
industry, that hospitals will close and physicians will quit their jobs. It can
be done and it should be the goal.
- People will object that Americare
will turn the American system into the Canadian system which allegedly creates
long waiting periods for needed care. Americare will contain an “any willing
provider” rule that will stimulate competition. Paying one price for the same
service to anyone willing to provide the service will level the playing field
for competitors who see an area with more demand than supply. I know for a fact
that my health system would thrive in a system inviting open competition. The
monopolistic forces increasing prices and decreasing competition currently
resulting from exclusive managed care networks, huge payor mergers and mega
provider systems would dissipate under Americare.
- Americare will allow “platinum
club” benefits for people who do not want to wait in line or who want to fly
first class instead of economy class. Although EMTALA will still require
hospitals to provide care to anyone who presents in the emergency department
with a medical emergency, nonemergency patients who have been screened can pay
for a gold card that gets them into the urgent care treatment room in front of
others. For better or worse, we have to admit that paying to go first is part
of the “American way” and it can be allowed to have a place in the healthcare
industry. There is no effective way to legislate against it even if that was
the desired result.
The window of opportunity for the moderate middle of
congress to broker a deal on healthcare to bring to the president will not stay
open for long. It has to be a deal neither side can claim as a loss for the
other side. “Only Nixon can go to China.” We are never going to adopt a
universal healthcare insurance program while a Democratic is in the White
House. It can only happen at a moment in time following a high profile
legislative defeat creating a temporary vacuum allowing moderate Republicans
and moderate Democrats some free space to craft a law—and with a Republican
president in office less interested in rigid political principles and more
interested in making a deal for which he will get credit as deal maker. That
time is now.