Last Thursday, Feb 16, Healthcare 4 All PA (PUSH is their SW PA local affiliate) President Dave Steil was on WCAN radio. His interview will be rebroadcast tomorrow Feb 21, 10:30 PM ET. The show is internet based and can be heard
all over the country, even internationally, so just go to www.wcanradio.com and click on "Listen here." You do need
Windows Media Player in order to listen in.
Monday, February 20, 2012
Sunday, February 19, 2012
Freedom Of . . ./Freedom From . . .
Photo by emilygk09
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I have yet to see a clear analysis of the First Amendment implications of the controversy over health insurance coverage of contraceptives, so here is my attempt.
Many of us were required to memorize the five freedoms protected under the First Amendment: religion, speech, the press, assembly, and the right to petition for redress of grievances. But to say the First Amendment protects “freedom of religion” is an oversimplification. It reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The second part, called the free exercise clause, is that which says that government can't prevent you from engaging in any legal behavior motivated by religion. It is the basis for the claim that the Constitution guarantees freedom of religion. But the first part, the establishment clause, says that the government can't force you to engage in any religious behavior, or compel you to support a religious institution, such as spending your tax dollars to subsidize religious schools. This is your freedom from religion.
The Catholic bishops, supported by members of the Elephant Party, object to a portion of the Affordable Care Act which requires employers to include contraceptive coverage in the health insurance plans they offer their employees. The Catholic church employs people not only in churches, but also in secular institutions, such as hospitals and universities, that it owns. The bishops argue that their religion not only compels them not to use contraceptives themselves, but also to actively prevent others from sinning by using contraceptives. Forcing them to provide women with contraceptives prevents them from exercising their religious beliefs, and is presumably the basis of the Elephant claim that the Obama administration is waging a “war on religion.”
Note that Obama's compromise plan requiring the health insurance companies to provide “free” contraceptive coverage does not overcome this objection. The bishops know that health insurance companies never do anything free of charge, and that the employer will pay indirectly for any contraceptives that are used.
The employees whose contraceptive coverage is threatened see the bishops' position as a violation of the establishment clause. If the government allows the Catholic church to withhold contraceptive coverage, then the government is requiring them either to abide by religious beliefs that they do not share, or spend a substantial sum of their own money to avoid this form of coercion.
It doesn't matter whether the employees are Catholics or not. There is no reason to assume that young Catholic women share the beliefs of the elderly men who dictate church policy; in fact, surveys show there is every reason to believe they don't. Part of women's objection to the bishops' position is the suspicion that they are trying to use the government to enforce a policy that they've been unable to convince their members to accept through persuasion.
So there is a conflict between the two parts of the First Amendment statement about religion. If the bishops are allowed to freely exercise their religious beliefs, they interfere with their employees' freedom from religion.
Does this remind anyone of John Stuart Mill's essay On Liberty (1959)? Mill argues that people should be free to do whatever they want, provided they don't interfere with the rights of others. As the cliché states, your right to swing your fist ends at the tip of my nose. How would Mill balance the religious liberty of those who wish to practice their religion with the rights of those with whom that practice interferes?
In this case, the bishops' free exercise claim interferes with an important right of their employees, the right to control their family size. This right has been affirmed by Supreme Court in Griswold v. Connecticut (1965), where they ruled that a state law prohibiting the sale of contraceptives violates the “right to marital privacy.” It should also be noted that contraceptives are prescribed for some women for other health reasons in addition to or instead of birth control.
In view of the importance of people's right to contraception and health care, it's my opinion that the establishment clause trumps the free exercise clause in this case. Obama's “accommodation,” while it may be politically expedient, failed to educate the public about the constitutional principles involved in the controversy.
Of course, we should be careful when applying Mill's analysis not to exaggerate the rights of those wanting to protect their freedom from religion. To interfere with people's religious liberty, they must threaten others with concrete and substantial harm. A non-believer can't insist that religious advertisements be removed merely because he finds them “objectionable,” any more than a believer can insist that pornography be banned for the same reason.
As Lawrence O'Donnell has pointed out, this controversy would not exist if we had single payer health care in this country. Why should any employer be allowed to control the health care coverage of its employees? The Elephants have inadvertantly emphasized this point when Senator Roy Blunt (R-MO) introduced a truly outrageous bill by that would give any employer or insurance company the right to withhold any type of medical coverage merely because that “corporate person” decided that the coverage violates his or her “religious beliefs or moral convictions.” John Stuart Mill would be spinning in his grave.
Saturday, February 18, 2012
Junk Health Insurance
I'm one of those lucky Americans who
never had to shop for health insurance. I've always gotten it
through my employer or Medicare. So it was a real eye-opener for me
when I read about what passes for “health insurance” in the
latest issue of Consumer Reports.
Junk
health insurance comes in three varieties. Only the first of these
qualifies as actual insurance; the other two are not insurance, but
are marketed as if they were.
- Mini-med plans. This is real insurance, offered by recognizable health insurance brands, e.g., Aetna, Cigna, but at a lower price than their other insurance plans. Their distinguishing feature is extremely low yearly coverage limits, often only a couple of thousand dollars per year, which is useless if you have a serious illness.
- Fixed benefit indemnity plans. These plans reimburse you a fixed and generally low amount for medical care, i.e., $100 for each of five doctor visits per year.
- Medical discount cards. These plans offer a percentage discount on medical services in exchange for a monthly fee, if you can find a provider who will honor the card.
The
latter two types of plans are sold by fly-by-night companies with generic
names and are marketed directly to consumers over the phone and the
internet. Premiums are generally high, and if consumers read the
fine print they will realize that the potential reimbursement is not
much greater than the yearly fee. Needless to say, the advertising
and sales pitches are intended to obscure this fact.
Mini-meds
are usually sold to low-wage employees of businesses such as retail
or junk food who want to claim they offer some health insurance to their employees. The employer may or may not contribute to the premium.
The Affordable Care Act (ACA) prohibits the sale of health insurance
that has yearly or lifetime caps on benefits, so these plans were
supposed to go out of existence at the end of 2010. However,
employers such as McDonald's threatened to completely drop insurance
coverage for their employees if the law was implemented. The Obama
administration, consistent with its typical pattern of behavior, caved in to the pressure and granted waivers to 1231
mini-med plans covering almost 4 million people until 2014. It's not clear what will happen then.
The
fixed benefit plans and discount cards also face a 2014 deadline,
since citizens are required to have health insurance by that time and
these plans are not health insurance. Of course, this presumes that
the ACA still exists in 2014. These plans could be saved by either
an Elephant landslide in the 2012 election or a ruling by the
Supremes that the ACA is unconstitutional.
The article is filled with horror stories of people with life-threatening
illnesses whose coverage fell far short of their expectations. The
continued existence of these plans is one of many symptoms of a
business culture that tries to cheat people out of their money
whenever it can, and a government regulatory structure that does
almost nothing to protect consumers from this type of exploitation.
Thursday, February 16, 2012
The Occupy Pittsburgh Experience
Standing in fifteen degree weather I watched and participated in my first protest. Everyone had their health care signs full of enthusiasm as they marched in front of UPMC that day. The group ranged from college students like me to middle aged and elderly, all uniting for the common goal: health care for all. The afternoon rally was equipped with a live health care performance as an example of what happens to those without health care. Speeches were prepared to energize the group even more, raising their morals, finally leading to occupying UPMC's lobby chanting, "What do we want? Health Care! When do we want it? Now!"
This was an unforgettable experience spending the afternoon with the occupy group. Yes we were in fifteen degree weather and yes our hands went numb from carrying our signs through the temperatures but if its something you believe in, you'll be surprised how far you will go to get it. After being persuaded to leave UPMC the group marched its way to Highmark, "the other criminal."
Tuesday, February 14, 2012
Occupy Healthcare Rally/Progress PA Recap
On Sat Feb 11, dozens braved the bitter cold to protest near the fenced off Occupy Pittsburgh encampment. We marched from UPMC to Highmark headquarters. Julie Sokolow has a good video summary of the event. Duquesne student Trenita Finney has an upcoming post on her experience of the rally.
At the same time the PA progressive summit was going on in Philadelphia. Jerry Policoff of the statewide organization gave a talk on statewide efforts to enact single payer. His presentation can be seen below.
Calls to his office to discuss single payer were not returned. His focus on trade with China runs the risk of having his campaign portrayed as 2010 Tennessee Gubernatorial candidate Basil Marceaux.
**Related Posts**
STOP Obamacare in Pennsylvania: Where We Agree with Them
Gekkonomics
Santorum: No One Has Ever Died Because They Didn’t Have Health Care | The New Civil Rights Movement
Sunday, February 12, 2012
Accountable to Whom?
An article by Ezekiel Emanuel and Jeffrey Liebman promises “the end of health insurance companies.”
According to these former Obama administration advisors, they
will be made obsolete by accountable care organizations (ACOs).
The Affordable Care Act provides for
the establishment of ACOs to serve Medicare and Medicaid patients.
Essentially, a group of health care providers (doctors and/or
hospitals) form an ACO and sign a contract with the government to
provide care for a large group of patients. They receive a bundled
payment based only partially on services provided. Some part of the
payment is based on the quality of the health care they provide and
their ability to control costs.
In theory, cost control can be done by
better coordination of patient care, for example, with the help of
computerized records. Since so much of medical care is unnecessary or harmful, a lot of money could be saved, provided the incentives
were greater than the profit to be made through overtreatment. It
should at least be possible to measure whether money is being saved
in comparison to the current fee-for-service system.
Measuring quality of care is more
difficult. But it is crucial, since without it, the incentive
structure of ACOs might encourage them to withhold necessary care
from their patients. But what are the criteria of good health, and
how could they be measured without incurring additional expense?
Health care research focuses on hospital admissions and readmissions
as an indicator that the patient is not healthy, but this is an
imprecise measure of health which only becomes apparent after the
patient's situation has deteriorated. Like other health indicators,
it can be manipulated by denying treatment.
It is possible to imagine ACOs working
well under Medicare with proper oversight from government.
Nevertheless, there are problems. If an ACO is to be responsible for
prevention as well as treatment, subscribers must remain in the
system long enough for the ACO to reap the savings that come with
prevention. This is possible in a single payer system, but not in
this country where there is a lot of client turnover. Also, to be
accountable for all their clients' health care needs, an ACO must
include specialists in all health problems, which means it must be
quite large. But large organizations have greater market share,
which discourages competition and leads to higher prices—just the
opposite of what ACOs are supposed to do.
However, Emanuel and Liebman are
suggesting that ACOs will dominate the private health care market as
well. In fact, hospitals are already buying out competitors and
hiring more doctors, and insurance companies are merging with
hospitals in anticipation of forming ACOs. This trend is evident in
the Pittsburgh area. The University of Pittsburgh Medical Center
(UPMC), the largest hospital chain, has bought out competitors and has gone into the health insurance business as well. Meanwhile
Highmark, the region's largest health insurer, has purchased West
Penn Allegheny, the only major hospital chain not owned by UPMC. Not
surprisingly, this morning's paper reports that Pittsburgh has the highest hospital care costs of any city in the U. S.
Apparently we can look forward to a
brave new world in which, when we purchase health insurance, either
alone or through our employer, we affiliate with an ACO which
promises to keep us in good health. But Austin Frakt, a health care policy expert who is sympathetic to ACOs, suggests that they “are
fine and good for Medicare, but somebody needs to think through the
consequences for the private side of the market.”
The dominant characteristic of today's
corporations is that they are not accountable to anyone except
perhaps their stockholders. A combined health insurance-medical care corporation will
have strong financial incentives to charge as much as possible for
health insurance while providing as little health care as possible in
return. At least under the current system, the patient is caught
between two corporations pushing in different directions. If their
insurance company is trying to deny them care, there is a good chance
that their doctor will come to their defense and insist that they
receive medically necessary treatment. If the insurance company and the doctors are all part of the same corporation, who will defend the patient's interests? Without third party
oversight, what is to keep the patients from being harmed when their
very lives may be at stake?
It is possible that a conscientious
employer might provide oversight of an ACO with which it affiliates,
since companies may want to keep their employees healthy. However,
this is certainly problematic, and, in any case, individual health
care subscribers are on their own under this system. I don't see how
the entire country can shift to ACOs without substantial government
oversight. This, of course, will be strongly resisted by hospitals
and insurance companies, in part because it would start to take on
the characteristics of a single payer system.
Many countries—Germany, Japan and Switzerland are examples—have systems in which both health care
providers and insurers are private entities. But these countries
have tight government regulation of medical services and fees. These
private entities are required to cover everyone and they are
permitted to make only modest profits, if any. And why should they
make large profits? Under a single payer system, insurance companies
are completely unnecessary, while doctors and hospitals can be
limited to a “reasonable” fee for their services. If they want
to increase their income, maybe they should be allowed to compete for
higher wages by demonstrating that they can keep their patients
healthy and, as a consequence, control costs.
Although I have serious doubts as to
whether ACOs will work in our private health care system, they may be
a good idea when embedded within a single payer system.
Friday, February 10, 2012
Check out this great MSN video: How America got into birth control mess
Two nights ago MSNBC's Lawrence O'Donnell discussed why the whole birth control/Catholic Church "controversy" would be moot under a Single Payer system. (Obama just announced that religious employers won't have to provide contraceptives, insurers will) Why didn't he say this when these deals were being made?
I saw this image on Facebook posted by a staunch Ron Paul, an Obstetrician, supporter and had to post it because it's so silly. It resembles a WWI propaganda poster. Yes what happens in the womb is important for the child's well being but what happens after birth is at least as important. Mississippi Gov. Haley Barbour, when a Presidential candidate in March 2011, declared that his state was the "safest to be an unborn child." As Jon Stewart points out his state is the least safe to be a newborn child. Most of this "debate" is really just petty pandering to people deepest fears, like death panels, to prevent them from enacting the very thing that can improve their lives.
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