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The New Republic/ October 23, 2009, 1:02 PM

Snowe's Public Option Trigger Won't Work

Jocob S. Hacker is the Stanley B. Resor Professor of Political Science at Yale University. His works include The Great Risk Shift: The New Economic Insecurity and the Decline of the American Dream and Health At Risk: America's Ailing Health System and How to Heal It

As closed-door discussions continue in the Senate, the idea of triggering the public health insurance option is once again on the table. Advocates of the trigger cast it as a compromise that will attract the support of the small number of conservative Democrats who have expressed reservations about the public option, as well as Republican Olympia Snowe, who has proposed a trigger. But to be a compromise between public plan skeptics and the majority of Senators who support a public plan because it is central to ensuring affordable coverage while limiting the budgetary costs of reform, a trigger must have some prospect of working-and a trigger inserted into the two Senate bills now being merged would not.

A workable trigger would, at a minimum, need to achieve three goals: (1) establish a reasonable and measurable standard for private plan performance that sets out clear affordability and cost-containment goals for a specifically defined package of benefits, (2) assess this standard in a timely fashion with information available to policymakers after reform legislation passes, and (3) if this standard were met, quickly create a public health insurance plan that would effectively remedy the situation.

The modifier "quickly" in the third goal is crucial: Runaway health costs are a grave and growing threat to federal and state budgets and to the health security of workers, their families, and their employers. Waiting longer than absolutely necessary for affordable coverage is certain to cause great harm. Indeed, it might actually compound the current crisis. Without an imminent threat of public plan competition, private insurers are likely to raise premiums in anticipation of the implementation of reform-as suggested by AHIP's recent prediction of big premium increases if reform passes. Delaying a public plan may also jeopardize the cause of reform itself, because requiring Americans to buy unaffordable coverage has the potential to provoke a political backlash. (Polls show that Americans are more supportive of a mandate when they know they will have the choice of a public plan.)

In short, we cannot wait for a public plan-and one of the biggest problems with a trigger is that it virtually guarantees we will have to.

The problems, however, do not end there. Consider just a few of the other serious difficulties:

• None of the trigger proposals that have been floated contains criteria for triggering the creation of a public plan that concern both affordability of coverage and the growth of premiums over time. It is simply not enough for coverage to be defined as "affordable" for a given share of the population. To judge private insurance successful in restraining costs, premium inflation would also need to be restrained. The triggers on the table do nothing on this score.

• The proposals on the table also assess affordability based on the price people pay after receiving assistance from the federal government. This means that efforts to help people afford coverage, perversely, reduce the chance of a public plan that will rein in costs for individuals and taxpayers.

• The triggers under discussion assess whether affordability standards are met at an aggregate level, such as within states. Yet local markets vary greatly even within states. If some markets have very high premiums or runaway costs, a trigger might not be pulled if other markets in the state have lower premiums or experience more modest growth. Residents of a high-cost, low-competition area would, in effect, be held hostage by an overly aggregated measure.

• The triggers being discussed all focus on the premiums people pay, rather than their total out-of-pocket costs. As problematic, they are vague with regard to what is affordable-that is, what package of benefits is required. Within the exchange, the Senate bills create new rules for coverage that are relatively strict, though still leave too much room for tailoring benefits to shift costs to high-risk patients. But outside the exchange, in the employment-based market from which most Americans will continue to receive coverage, the bills are much more lax. The Finance Committee bill, for example, sets a standard for minimum coverage that is substantially less generous than the typical employment-based plan today. There is every reason to think plans will simply cover less or shift more costs onto patients to meet the affordability standard, since, again, the standard concerns only the individual premium, not total costs.

• None of the trigger ideas under discussion envision the creation of a national plan built on Medicare's infrastructure, the only public plan option that has been shown by the Congressional Budget Office to produce substantial savings.

All this is not surprising in light of the history of trigger proposals in health care and other policy areas: As is well recognized, triggers are generally designed to create political cover, not effective policy.

Less well understood is that some of the key difficulties with triggers are intrinsic to central characteristics of the Senate health bills. In particular, the Senate bills, unlike their House counterparts, leave an enormous amount of responsibility for the regulation of private insurance to the states-which for the most part have not had the wherewithal or will to take on large private insurers.

The Senate bills also have much weaker regulations of private insurance plans outside of the exchange-the plans on which most Americans will rely after reform. At the same time, the Senate bills lack strong requirements on private insurers to provide data that could be used to assess whether a trigger should be pulled. Ironically, these characteristics make a public plan without a trigger especially vital in the Senate, where, of course, the public plan has also been more controversial.

Added to the Senate bills, a trigger would represent a backdoor way of killing the public health insurance option that a majority of Americans (and U.S. Senators) support. It is way past time to trigger real competition for private plans that have failed to ensure affordability or cost restraint for decades.

By Jacob S. Hacker:
Reprinted with permission from The New Republic.
The New Republic
15 Comments Add a Comment
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jxknowles says:
The trigger was a joke. Snowe thought this was a bone she could throw her voters as healthcare costs continued to spiral out of control. The entire group of GOP lawmakers, Ben Nelson and Joe Lieberman should be ashamed of themselves.
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noloyalisti says:
We are now a desperate 3rd world country and have to do something just to get stated. What we really need is non-profit universal single payer. A public option will go a long way toward getting us in the right direction toward that goal.
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Ferrell-2 says:
Every new input to this monster healthcare bill, whether it be public option or whatever, seems to exascerbate costs and enormous management problems. I still think Congress should start all over and just take more time so as to get this thing right and not worry about reelection problems. It now appears the Dems are going to push through something, even if it's wrong. Makes no sense to me at all.
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noloyalisti says:
Remember that this Snowe is a Republican. She backed invasion and occupation for big corporate profit. She mindlessly backed the Bush Crime Family and their illegal activities. She is against women's rights, civil rights and human rights. Obviously.

The public option is a HUGE compromise to big business. We should have universal single payer health care with NO profit. Health care is too important and too necessary for EVERYONE for people to profit from it.
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auntc3 says:
I am telling you, the ONLY WAY TO GO is the Public Option. The insurance companies bottom line is profits. Insurance companies are run like WALL STREET, I bet if you investigated the majority of them you would find, outregeous salaries on the top, perks, bonuses on the top....and the employees from the middle down held tight in place.
Their bottom line is "PROFIT". I know this goes on. I saw expense reports and sheets showing one year $50,000 bonus and very high salaries..this is just rampid in business, the status quoe...those on the top scam, and the middle and lower employees scrammble. It has to stop. The only way you are going to get a handle on insurance premiums is 'THE PUBLIC OPTION", YOU WILL GIVE THE MIDDLE AND LOWER CLASS AN OPTION OTHER THAN JUST NOT HAVING ANY HEALTHCARE AND TAKE YOUR CHANCES AND GO TO THE EMERGENCY ROOM. YOU HAVE TO DO SOMETHING NOW BECAUSE SOON BOOMERS WILL BE AMOUNG US...AND THE PROBLEM WILL JUST ESCULATE...MOST LIVE ON THEIR CREDIT CARDS...AND THAT MY FRIEND IS THE GODS TRUTH.
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dragon8me says:
We will have health care reform. The question is in what form? I think all the crazyness thats been hapining is a good thing. If for no other reason, it's forced congress to work for a living for once. They may actually get something right for a change, though I sometimes doubt it's possable. It won't be perfect, it will need adjusting over time, but they will pass something, but with all the debate and with Obama wanting Republicants on board, it will be at least a more thought out bill.
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dragon8me replies:
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Just another thought on that. If congress didn't spend so much time campaigning, they might get something done, and if they didn't "play politics" (toe the party lines) they might actually be willing to work things out in a reasonably way.
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R_C_Jackman says:
Obama says the important thing is "choice and competition". So why not have more choice and competition? Let's allow both public and private insurance companies to operate across state lines. That will create a lot of choice and competition.
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zia-2009 says:
My friends, this is an opportunity of a lifetime to make it right. For the last 100 years, we had been trying to make Health Care for All possible in this great nation of ours. We became a Great Nation not by our wealth alone, but also the process and practices that we put in place. In 19th century, we were no-where. But in next century, thanks to FDR we ensured that we took care of our fallen and poor, we took care of the disabled and hungry and homeless. And then it happened and we became the greatest nation on Earth where everyone on earth wanted to be an American. We did not bring the fall of Soviet Empire by sheer might, but the prospect of a free life beyond the iron curtain helped our cause. We did not make the world come together on 9/11, but the shared prosperity of the Clinton years made others feel really sad for us. We did not bring a coalition of force in 1st Gulf War by handshakes and under-the-table dealings, but the shared threat made all of us to pitch in. Friends, we can still rise to the occasion and make Healthcare a reality.
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AngeLobueMDMPHBSPharm says:
As a 72 year-old physician who proudly delivers and receives Medicare services, I strongly believe that Medicare for all Americans is a MORAL issue, not an economic, social or political football to be used to further divide this country on ideological grounds. The prevention of suffering and death are foundations of all honorable religions and philosophies and it is time for America to demonstrate that it continues to be an honorable country devoted to the right to a life without suffering, liberty and the pursuit of happiness for all of its citizens.

Respectfully and compassionately submitted,

Ange Lobue, MD, MPH, BSPharm
American Board of Psychiatry and Neurology
Academy of Television Arts and Sciences
trinidadca@gmail.com
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dragon8me replies:
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AngeLobueMDMPHBSPharm Your not a Texas Doctor are you? I need a new one, bad. Mine just "retired" and left a lot of people without a Dr willing to write a prescription for pain meds. We only had 1 pain Dr in a county of about 50,000 and the nearest is about 100 miles away.
I agree, we should have "universal care" not "uiversal coverage". They shouldn't be forcing people to "purchace" insurance. They should be providing it.
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toddlarado says:
No real reform can be done without the Public Option. If you have no faith in the Government then start voting for more Politicians like Obama or shut up. Americans forget that they vote for the very same people they call incompetent and have no trust in. That's kind of like pissing on your own judgment.
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