Time bombs in the healthcare bill

Advocates for moving ahead with health-insurance reform in its current form need to read this story from The Washington Independent:

At issue are employer-based wellness programs, which aim to prevent common conditions related to smoking, overeating, lack of exercise and other unhealthy behaviors — conditions such as diabetes, hypertension and high cholesterol. Both the House and Senate bills promote such programs, but the Senate bill, critics argue, would allow employers to raise rates on all of their workers, then lower them only for folks who meet certain wellness targets. Such a system would effectively force less healthy workers to subsidize the insurance plans of those more fit — an unfair penalty in the eyes of many medical groups.

“Incentives quickly become penalties for those who can’t meet the requirements,” said Sue Nelson, vice president for federal advocacy at the American Heart Association. “This would really become medical underwriting by another name.”

Current regulations allow group plans to offer rewards up to 20 percent of premium rates for employees who meet certain health goals. The Senate health-reform bill would effectively make that rule law, while also bumping up the variation allowance to 30 percent — roughly $4,000 for the average family plan. The Senate bill would also allow officials at the Health and Human Services Department to go even higher — up to 50 percent.

Outside of the group market, the Senate provision would also create a 10-state pilot program testing the advantages of the wellness incentives for individuals buying insurance on their own.

Health advocates are right, of course. Offering discounts for certain behaviors is a backdoor way of charging the less healthy more for their insurance. The insurance companies, after all, are not going to forego their profits; if they offer discounts to some, then others will have to pay more to offset the discounts.

“When you start picking people off on an individual basis [and] reducing their premiums individually,” Sen. John Kerry (D-Mass.) said during the Finance Committee markup, “you do not adjust for what else may be happening within that [coverage] universe, and then other people are picking up the overall costs.”

My fear is that this is not the only timebomb in the legislation and that many will detonate only after it is too late.

The reality is that we have allowed this debate to go off the rails. The primary goals — universal access to affordable insurance that covers most healthcare problems — have lost out to something that might be good for insurers and the elected officials who take their campaign contributions, but does little for the rest of us — a decision to keep the insurance industry whole.

Rather than challenge the industry’s monopoly, we are mandating coverage and helping lower-income folks pay for it with subsidies, essentially shovelling billions of tax dollars into the pockets of the insurance cartel.

At the same time, the handful of new regulations and restrictions that have been floated are rather weak, and riddled with loopholes like the wellness-program exemptions, which prompted this response from a “former insurance industry executive,” who told the Independent that “it will take little time for companies to exploit the loophole in the Senate bill.”

“Insurers can smell profits a mile away,” said Andrew Kurz, former chief financial officer at Blue Cross-Blue Shield Wisconsin. “This is a loophole they will drive right through on day one.”

This, and all of the other loopholes.

I hate to see reform fail, but I’d rather have real reform than reform in name only. Afterall, we may not get another bite at the apple on this for a long, long time.

The majority and the rights of the minority: GOP ballot proposal a slap to gays

State Republican Chairman Jay Weber sent out this statement today on the state Senate’s wrong-headed vote on same-sex marriage:

“From the beginning, Republicans have opposed legislative and judicial efforts to redefine marriage in New Jersey and called for any changes to be put on the ballot for voters to decide. We believe that the majority of New Jerseyans agree with that position, and following the failure of this bill in today’s Senate vote, I am heartened to see that the Senate has respected the will of the people.”

Back in the early 1960s, marriage was defined as not only being between a man and a woman, but interracial marriages were against the law in many states. And the bulk of Americans probably wanted it to stay that way.

Forty years have passed and there are few today — aside from a couple of recalcitrant southerners — who would seek to take us back to that point.

But let’s go back there for a minute — at least intellectually — and ask the question that Weber’s statement raises: Should the lifting of the ban on interracial marriage have been “put on the ballots for voters to decide”? Of course not.

So, why should same-sex marriage be put to a referendum?

The Senate, unfortunately, has allowed conservative religious leaders and their political acolytes to elevate the strictures of their belief system above those of the rest of the state’s citizens, which does a disservice to gays and lesbians and anyone who disagrees with the conservative religious position.

I’ve said for a long time that the best approach, legally, might be to remove the word marriage from the statute book and replace it with some other legal construct and leave marriage to the realm of religion. I understand the cultural attachment to the word, but I just can’t see how we’re going to get past this without taking the debate in a new direction.

Any thoughts?

Bay deal looks logical

If this nugget from today’s NY Post piece on the Jason Bay signing is accurate, the contract actually looks pretty good.

Bay’s deal includes a full no-trade clause and an $8.5 million signing bonus, according to The Associated Press. He will make $6.5 million in salary this year and $16 million for each of the ensuing three seasons. His option would become guaranteed if he reaches 600 plate appearances in 2013 or 500 plate appearances in both the 2012 and ’13 seasons. The contract’s total value could reach $80 million.

I’m not crazy about full no-trades, but the vesting clause sets the bar high enough that this deal can only go to five years if Bay remains productive. If not, there is little chance that he will hit the plate appearance marks needed.

So we shall see.

At the moment, I’m cautiously optimistic.