6th Circuit Court Upholds Affordable Care Act

It is so Constitutional. From the decision:

By regulating the practice of self-insuring for the cost of health care delivery, the minimum coverage provision is facially constitutional under the Commerce Clause for two independent reasons. First, the provision regulates economic activity that Congress had a rational basis to believe has substantial effects on interstate commerce. In addition, Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in health care and health insurance.

See also Steve Benen and Adam Serwer.

Brits Tremble at the “A” Word

The British are debating ways to reform the National Health Service. But politicians have found there is one strategy that will not stand: Americanization.

Jimmy Henry Chu writes for the Los Angeles Times:

Britain is now embroiled in a healthcare argument of its own, prompted by a proposed shake-up of the NHS. And the phrase on everyone’s lips is “American-style,” which may not be as catchy as the “death panels” that Palin attributed to socialized medicine but which, over here, inspires pretty much the same kind of terror.

Ask a Briton to describe “American-style” healthcare, and you’ll hear a catalog of horrors that include grossly expensive and unnecessary medical procedures and a privatized system that favors the rich. For a people accustomed to free healthcare for all, regardless of income, the fact that millions of their cousins across the Atlantic have no insurance and can’t afford decent treatment is a farce as well as a tragedy. …

… So frightening is the Yankee example that any British politician who values his job has to explicitly disavow it as a possible outcome. Twice.

The Brits are worried that some proposals amount to back-door privatization, which would put Britain on the road to American-style serfdom. What the article doesn’t point out is that Britain spends a great deal less on health care than the U.S. does, as explained in a recent post. Total spending is $3,129 per capita in Britain and $7,538 per capita in the U.S. Or, as a percentage of GDP, Britain spends 8.7 percent and the U.S. spends 16 percent.

That privatization is somethin’ else, huh?

Ironically, government spending on health care as a percentage of GDP is nearly the same in the two countries — 7.4 percent in the U.S., 7.2 percent in the U.K. But then the U.S. is burdened by its big, sloppy, wasteful, profit-driven private health care industry that is eating our economy on top of that.

The British NHS does have a lot of problems, but it also is on the low end of what industrialized nations spend on health care. There are all kinds of factors driving up health care cost that are impacting most nations. The only country I know of getting by with lower costs figured both per capita and as a percentage of GDP is Japan. I don’t know how Japan is keeping its costs down, but it is.

BTW, there is also grumbling about Americanizing the higher education system. Public universities are raising tuition fees as high as $14,750 a year — a bargain by our standards — and the Brits are angry about this. They don’t think higher education should require such a financial burden. Just wait ’til some British genius comes up with a student loan industry.

Health Care Cost News

The most recent defense of the Paul Ryan Medicare-busting plan is that at least Republicans have a plan; Democrats don’t. In fact, there is a lot of Medicare reform written into the Affordable Care Act, although most of the reform hasn’t gone into effect yet. Beyond that, saving Medicare is going to require lowering health care costs overall while increasing revenues, preferably through economic growth. If those last two things are not done, busting Medicare will be the least of our problems, IMO.

The Obama Administration actually is doing stuff to get health care costs under control. This is interesting:

It’s getting personal now. In a shift still evolving, federal enforcers are targeting individual executives in health care fraud cases that used to be aimed at impersonal corporations.

The new tactic is raising the anxiety level — and risks — for corporate honchos at drug companies, medical device manufacturers, nursing home chains and other major health care enterprises that deal with Medicare and Medicaid.

In the past, such companies caught breaking the rules were required to pay fines. So the company would cut the government a check, and the cost of the fine got passed on to customers, and the executives lived to defraud another day. Think Rick Scott.

Now, on top of fines paid by a company, senior executives can face criminal charges even if they weren’t involved in the scheme but could have stopped it had they known. Furthermore, they can also be banned from doing business with government health programs, a career-ending consequence.

Works for me.

By some estimates, health care fraud costs taxpayers $60 billion a year, galling when Medicare faces insolvency.

We were talking about this in the comments recently.

Elsewhere — today the New York Times has a story about one Medicare cost-control plan that’s about to be implemented —

For the first time in its history, Medicare will soon track spending on millions of individual beneficiaries, reward hospitals that hold down costs and penalize those whose patients prove most expensive.

The administration plans to establish “Medicare spending per beneficiary” as a new measure of hospital performance, just like the mortality rate for heart attack patients and the infection rate for surgery patients.

The article doesn’t explain this clearly, I don’t think. The program will compare costs AND outcomes, so that hospitals won’t be rewarded just for being cheap. They will be rewarded for providing better outcomes at lower cost. Obviously, one point to this is to discourage medical facilities from over-treating patients so they can bill Medicare for more money. Over-treatment can be just as detrimental to outcomes as under-treatment.

However, the hospitals don’t like this part:

Hospitals could be held accountable not only for the cost of the care they provide, but also for the cost of services performed by doctors and other health care providers in the 90 days after a Medicare patient leaves the hospital.

I believe I understand why the Administration is doing this, although the article doesn’t explain it as well as it could be explained. I have been reading for a while that a bit items of “waste” in Medicare is the cost of re-admission to hospitals. According to a really klutzy powerpoint presentation by the Department of Health and Human Services, about 30 percent of Medicare patients who are released from hospitals have to be re-admitted within 30 days, and 75 percent of those re-admissions are preventable, and the cost of preventable re-admission comes to $12 billion a year in wasted Medicare money. So, that’s a lot.

In its state data center, the Commonwealth Fund estimates how much money each state’s Medicare program could save if re-admissions are reduced. Mississippi, for example, would save $24,016,832 every year if it could get its high readmission rate under control.

Causes of preventable re-admission include (a) the patient was discharged too soon; (b) the patient developed an infection or pneumonia after leaving the hospital; (c) the patient was discharged to another facility, such as a nursing home, that wasn’t able to care for him properly. The point is that hospitals shouldn’t just kick patients out without at least some communication and coordination with whoever is going to be taking care of them next.

In the article, one hospital administrator has a legitimate gripe, seems to me. He says this policy will be detrimental to inner-city hospitals serving larger numbers of immigrant and uninsured patients. Maybe the demographics of a hospital’s patients ought to be factored into this. But it really isn’t outrageous to penalize hospitals with higher than average re-admission rates, or whose patients need more treatment than other patients with the same conditions after discharge.

Update: See also Kevin Drum.

Libertarians Admit “Market Based Health Care” Won’t Work

Yesterday the President spoke to a group of governors and explained to them that if they really didn’t want their states to be included in the federal Affordable Care Act, there is a way to opt out

“Beginning in 2017, if you can come up with a better system for your state to provide coverage of the same quality and affordability as the Affordable Care Act, you can take that route instead,” Obama told the governors.

And Obama said he supported moving that date up to 2014, as proposed by Sens. Ron Wyden, D-Ore., and Scott Brown, R-Mass., to “give [governors] flexibility more quickly, while still guaranteeing the American people reform.”

In other words, they can opt out “if your state can create a plan that covers as many people as affordably and comprehensively as the Affordable Care Act does, without increasing the deficit,” the President said.

We’ve talked about this before. Basically, the deal is that if a state can come up with a way — any way — to insure the same percentage of citizens, with comparable coverage, at no additional cost, they are free to do that, and they can opt out of the ACA, mandate and all.

So far, the reaction from the “free market” libertarian right is a big howl of “that’s not fair!”

Peter Suderman of Reason‘s Hit & Run explains:

But the supposed flexibility the opt-out provision gives the states to innovate is fairly limited. Theoretically, they can get out of the mandate. But to do so, they have to submit a proposal that is judged to cover the same number of people, for the same cost (or less), with the same benefit and coverage levels as mandated in the law. That will make it easier for states—like Sen. Bernie Sanders’ home state of Vermont—to experiment with, say, single payer at the state level. But the high bar for coverage set by ObamaCare means that proposals that would rely on higher levels of cost-sharing, on increased use of catastrophic insurance, on allowing consumers to choose what benefits they actually want to pay for are less likely to pass muster.

I’m not even entirely sure how states will get out of the mandate. If, as is my preliminary understanding, they are required to keep some form of guaranteed issue and community rating—insurance regulations requiring insurers to sell to all comers and prohibiting discrimination based on preexisting conditions—then patients will have even less incentive to purchase insurance.

In other words, if you actually want to set up a system in which most citizens can obtain comprehensive insurance coverage, your options are single payer or something like the Affordable Care Act, mandate and all. Even the libertarians admit that. Of course, in their minds, it’s better to have some gawdawful Rube Goldberg mess of a system that is eating our economy and doesn’t cover a large part of the population, so long as markets are free.

Short Takes

Another good explanation of the constitutionality of the Affordable Care Act, this time from Lawrence Tribe. Tribe thinks that if the issue is decided by the Supreme Court, a majority of the justices will find the Act constitutional.

John Paul Getty III has died. Remember when he was a young man and was kidnapped and held for ransom? I had forgotten what colossal assholes his grandfather and father, Sr. and Jr., were. Sr. and Jr. refused to pay the ransom, so after about three months the kidnappers hacked off III’s ear and mailed it to an Italian newspaper, with the threat of mailing more pieces of III every few days until the ransom of $2.8 million was paid.

The threat led Getty Sr. to pay $2.2 million, which, according to The New York Times, his accountants said was the maximum that would be tax deductible. Getty Jr. coughed up the rest but had to borrow it from his billionaire father, repayable at 4 percent annual interest.

Kind of takes your breath away, huh?

Some troglodyte in the Ohio Legislature has introduced a “heartbeat bill” (warning: do not read comments to the article; they are beyond twisted) that would ban most abortions after the point at which a fetal heartbeat can be detected, which is about six weeks’ gestation. Lots of women don’t even know they’re pregnant at six weeks gestation.

According to 2009 data from the Ohio Department of Health, 56.6 percent of abortions in that state occur in the first nine weeks of pregnancy. And since the fetal heartbeat appears on monitors by six weeks into gestation in most cases, supporters of the bill believe that it could prevent thousands of abortions.

Correction — it would prevent thousands of medically safe abortions. However, the coat hanger industry would thrive.

Thinking about this got me thinking about the old brain wave question, which seems to me a lot more relevant than heartbeat as to when there’s a “person” there. There are tons of articles on the Web that say fetal brain waves can be detected as six weeks’ gestation, also, which is obviously wrong. I found a good article debunking the claim that says,

Remember, an EEG involves measuring varying electrical potential across a dipole, or separated charges. To get scalp or surface potentials from the cortex requires three things: neurons, dendrites, and axons, with synapses between them. Since these requirements are not present in the human cortex before 20-24 weeks of gestation, it is not possible to record “brain waves” prior to 20-24 weeks. Period. End of story.

There’s a lot more to it, but that’s the bottom line.

Activist Judge Legislates From the Bench

Another federal judge has found the Affordable Care Act unconstitutional because of the individual mandate. That’s two federal judges saying it’s not constitutional, two saying it is, and about a dozen who wouldn’t even hear the challenges.

Even though the large majority of constitutional scholars and law professors say the arguments against the individual mandate are bunk, that doesn’t mean our illustrious Supreme Court won’t rule against it when it gets to the Court. As Greg Sargent says, the future of our health care is in Justice Anthony Kennedy’s hands.

The ever optimistic Ezra Klein

There’s a chance conservatives will come to seriously regret this stratagem. I think it’s vanishingly unlikely that the Supreme Court will side with Judge Vinson and strike down the whole of the law. But in the event that it did somehow undermine the whole of the law and restore the status quo ex ante, Democrats would start organizing around a solution based off of Medicare, Medicaid, and the budget reconciliation process — as that would sidestep both legal attacks and the supermajority requirement.

I still say the biggest reason the Affordable Care Act is safe is that the insurance industry wants to keep the individual mandate. And I think this is a development the Republicans didn’t anticipate and weren’t prepared for. They’ve got the faithful peons worked up into a tizzy to fight the evil mandate. But insurance companies are forging ahead re-tooling their business models and preparing for millions of new customers. If that gets yanked out from under them in a year or two by the Supreme Court, they will not be happy. Not happy at all.

Health Care Reform for Freedom

More evidence health care reform is mostly safe from being repealed, from Andrew Leonard:

The best bet that Republicans have for derailing healthcare reform isn’t today’s vote, but rather their long-term plan to deny funding for implementation. And yet it’s hard to see how such a strategy would end up creating anything besides an ongoing atmosphere of chaos and uncertainty that would make it very difficult for the insurance industry to operate. There is going to be heavy pressure, behind the scenes, on Republicans not to rock the boat now that the insurers have figured out how they are going to make money.

And they will make money. More Americans with private health insurance means more profits for healthcare insurers, and it also means more consumption of healthcare services. Which leads us directly to the third leg of this triumvirate. As Steve Benen, blogging at the Washington Monthly, points out, nearly one-fifth of the 1.1 million jobs created since the passage of the ACA have been in the healthcare sector. It has consistently been one of the best-performing sectors of the economy. It’s hard to see how adding another 30 million Americans to the ranks of the health-insured will chip away at that success story. The opposite seems more likely.

Well, actual empirical evidence that something is really truly real and true doesn’t make a dent with wingnuts, especially if Hannity/Beck/Limbaugh et al. are telling them it isn’t true, based on the fact that Beck can write something about it on a chalkboard. But the fact that the insurance industry is coming around on this and doesn’t want most of health care reform repealed is a strong indication that most of it will not be messed with.

Congressional Republicans are going to have to put on a good show for the home folks, of course, so it wouldn’t surprise me if the House does pass the “Repealing the Job Killing Health Care Law Act”, because they know it’s unlikely to be passed in the Senate and most certainly would be vetoed.

I think, after that, they’ll target two or three provisions in the bill, because they have to give their supporters some kind of trophy to put on the wall. So maybe it will be a squirrel head and not a tiger head, but something.

However, the one part of the bill that polls say most people don’t like, the individual mandate, is going to be fiercely protected by the insurance industry lobbyists. Which means that Senate Republicans will get on board with it. But right now most of the Right so fervently believes that the individual mandate is evil and unconstitutional and the work of the devil, that I can’t imagine they’re going to be satisfied with the squirrel head. It’s possible failure to rescind the individual mandate could bite the GOP in the ass in 2012.

Anyway — I titled this post “Health Care Reform for Freedom” because I want to make a different point.

The Republicans have dubbed their healthcare bill the “Repealing the Job-Killing Health Care Law Act.” The primary evidence for their assertion is based on a line in the CBO analysis of the bill that estimates that the labor supply might drop by one-half of 1 percent as a result of the passage of the ACA. The Republicans multiplied the total number of jobs in the country by half a percent and came up with a total of 650,000 jobs lost. But, as has been pointed out innumerable times, a drop in the labor supply is not the same thing as employers cutting jobs because costs are too high. According to the CBO, healthcare reform could result in a lower labor supply because workers may voluntarily leave their jobs, secure in the knowledge that they would still have access to healthcare.

In other words, it’s not jobs that would be reduced. And I think even House Republicans can’t possibly be stupid enough not to understand that. Well, OK, there’s Michele Bachmann. But most of them can’t possibly be that stupid. I assume they can tie their own shoes and eat with a fork, and such.

I have met people who say they are holding on to a job mostly for the health benefits; otherwise, they’d rather work freelance. So I suspect the CBO is right; that once people can trust they can still get affordable health insurance without holding on to a job, some people will give up jobs they otherwise don’t need and let someone else have them. Seems to me that would reduce unemployment, not add to it.

And then there are the people who cannot change jobs because they have pre-existing conditions. This is another point righties can’t seem to grasp. I give you, for example, Don Surber:

Now that Republicans plan to vote on repealing this unconstitutional law, Democrats are throwing up make-believe numbers to scare people.

From the Washington Post: “As many as 129 million Americans under age 65 have medical problems that are red flags for health insurers, according to an analysis that marks the government’s first attempt to quantify the number of people at risk of being rejected by insurance companies or paying more for coverage.”

So, 65% of the 200 million people with health insurance through their employer are so diseased no one will insure them.

This makes no sense.

The story does not define just what these red flags are.

But the 65% figure contradicts what Democrats previously said about the uninsured.

From the story: “The new report says that, of those Americans who are uninsured, 17 percent to 46 percent have medical conditions, depending on the definition used.”

Behold the lack of critical thinking skills. Surber assumes the “pre-existing conditions” issue only exists among the uninsured, but that’s not what the article he quoted says. That’s 65 percent of all Americans, not just those who don’t have insurance now.

And of course this is significant because there must be millions of people in the U.S. who do have insurance now but who would be uninsurable if they lost that insurance, which happens every day.

New York state already has a “guaranteed issue” provision, so that if you take a new job, or change jobs, your new employer’s health insurance provider can’t refuse to insure you because you have a pre-existing condition.

And you know what that gives people? More freedom. If you don’t like your job, if you get a better offer, you can leave your old job knowing that you will be able to get health benefits from your new employer.

I understand that people in other states often are stuck in jobs because they are afraid they will lose their insurance if they leave, even for higher salaries, because the lack of health insurance is too much of a financial risk for most people.

Don’s problem is that he doesn’t understand what insurance is:

Of course it makes sense that those with health conditions would be more likely to seek health insurance than those who are healthy — which is one of the arguments against Obamacare; not everyone needs health insurance.

This is the sort of idiocy that does inspire one to bang one’s head on the wall and scream for a while to make the pain go away.

This guy assumes you don’t need health insurance until you get sick. Does he think you don’t need auto insurance until you smack into a tree? That you don’t need homeowner’s insurance until after the tree crashes through your roof?

Does he not understand that if you wait until you have a health condition before you try to purchase insurance, in most states, the insurers won’t sell you a policy? For any amount of money?

Does he not understand that the insurance companies’ business model requires that lots of people get insurance policies who don’t need them (at the moment)? How does he think insurance works? You pay your premiums — a few hundred dollars a year — and then poof! Bills for medical care in the tens of thousands magically disappear!

Of course, the cost of medical care does not disappear. So when the healthy 26-year-old who didn’t bother to sign up for his employer’s health benefits gets hit by a truck and gets hauled into the emergency room and runs of tens, maybe hundreds, of thousands of dollars in medical bills he can’t pay, guess who pays for that health care? Everybody — the hospital pads everybody else’s bill to cover the money they lose from people who can’t pay. Contrary to wingnut mythology, emergency rooms ain’t “free.”

And if the accident leaves him with a condition that requires long-term care and rehabilitation therapy, good luck finding a medical facility that will provide that if the guy can’t pay. Emergency rooms are only required to stabilize people so that they don’t die; after that, most of the time, you’re on your own.

People without insurance who get medical care they can’t pay for are costing all of us. People with jobs who have access to health benefits and choose to not sign up are freeloaders.

And people wonder sometimes why I refuse to “reason” with wingnuts.

Anyway — I want to go back to the freedom thing. Once the health care reform act is fully in place, with the individual mandate and guaranteed issue provisions intact, millions of people will be set free — to change jobs, to leave jobs and strike out on their own, to finally get medical treatment for conditions that are holding them back. Lots of people will be given career and other choices they don’t have now.

Unless —

At New Republic, Jonathan Cohn writes that it’s still possible health care reform will be nullified by wingnut activist judges ruling from the bench. And one never knows what the courts will do, including the Supreme Court. However, I can’t imagine Justice John Roberts et al. ruling against something the insurance industry wants, and the insurance industry wants the individual mandate.

See also Cohn’s attempts to “reason” with a wingnut lawyer behind one of the constitutional challenges of reform:

A few weeks ago, I spoke with Hyder at his office, in order to learn more about why he had brought this case. He said his motive was straightforward. He’s opted not to carry health insurance because he doesn’t think the benefits justify the price, and he doesn’t want the government forcing him to do otherwise. Okay, I asked, but what if he gets sick and needs hospitalization? How will he afford those bills? It was a distinct possibility, he agreed, patting his waist and noting that he was a little overweight. But those potential bills would be problems for him and his hospital, he suggested, not society as a whole.

When I told him that I disagreed—that his decision to forgo health insurance meant other people would be paying his bills, via higher taxes and insurance premiums—he politely and respectfully took issue with my analysis. The discussion went back and forth for a while, but soon it became apparent that our differences went beyond the finer points of health care policy, to our most basic understanding of the rights and obligations of citizenship. “It’s a complete intrusion into my business and into my private life,” he told me. “I think it’s one big step towards a socialist society and I’m purely capitalist. I believe in supply-side economics and freedom.”

Freedom? whose freedom? He wants to be “free” of having to pay for health insurance. And who wouldn’t? It’s expensive. I wish I could be free of it, too. But to pay for this “freedom,” millions of other people have to be less free, because they are tied by their health insurance to jobs they might wish to leave.

The Cohn article goes on to explain the legal precedents for the constitutionality of the individual mandate, which is a pretty good read, too.

Show Me the Numbers; or, My Response to “Tim”

Introduction: I started to write an answer to a comment, then when it got a bit long I decided to turn it into a post. I am responding to a comment from Tim, which turns out to have been copied and pasted wholesale from Vox Populi. But here’s my response, addressing Tim:

Tim, there’s much here you don’t seem to understand. Let me see if I can explain it to you in plain English.

First, some background: Congressional Budget Office analysis of the badly named “Patient Protection and Affordable Care Act of 2010” (PPACA), probably known to you as “Obamacare,” said it would REDUCE the federal deficit by $143 billion over ten years. I am providing a link to the CBO analysis so you can read this for yourself: I don’t have time to write a Cliff’s Notes summary or you to show you where the savings come from, but I will give you the benefit of the doubt and assume that you are as capable of reading and understanding it as I am.

Just don’t try to argue with me about this until you have read the analysis. I will know.

Also note that “That’s stupid; everybody knows it’s going to raise the deficit” is not an argument. You have to provide reasons and data to show that the points made in the analysis are wrong. And I require links to show where you are getting your data. Otherwise, you don’t have an argument. On this blog, you don’t get away with pulling some data out of your ass and make me do the work of figuring out where you got it so I can refute it. (See “debating rules for rightwingers,” item #8.)

You write, “The CBO’s revised estimate for health care reform, which does NOT include the Medicare fix, is $1,055 billion.” Obviously, there is a discrepancy between what you say and what the actual report, to which I linked, actually says. I couldn’t find the figure “$1,055 billion” in the actual CBO report anywhere.

And the Medicare fix is not included in the CBO analysis because the Medicare fix is an entirely separate issue from the PPACA. The Medicare fix issue has been with us for several years and is the result of legislation passed back in 1997, and it will not go away if “Obamacare” is repealed. I’ll come back to this point later in this post.

Now, the House Republicans have written a stupidly named bill called the “Repealing the Job Killing Health Care Law Act” — notice the link; you can see for yurself the title is about as long as the bill.

The CBO figures that repealing health care reform would ADD $230 billion to the deficit over ten years and result in 32 million fewer people having health insurance by 2021. Such a deal. You can read that report for yourself also, if you like.

House Speaker John Beohner dismissed the CBO analysis as “their opinion.” But in order to get you tools budget-conscious conservatives to support repeal, Republicans had to concoct their own analysis to show the opposite of what the CBO analyses show.

So, somehow, Republicans calculated that the CBO got it backward, and that PPACA would add to the deficit and repealing it would reduce the deficit. Several people, not just Krugman, have written that Republicans do this in part by claiming costs for the PPACA that are not in the PPACA.

And frankly, I have to take their word on this, because I’ve been all over the web looking for a Republican analysis that spells out costs and savings in the same way the CBO analysis does, and I can’t find it. So I can’t say for sure how they crunched their numbers. If you know where it is, send me a link.

Please note that a list of unsupported claims is not the same thing as an analysis. As my math teachers used to say, you gotta show the work.

But note also that House Republicans have decided to exempt the repeal bill from their own rule that any increase in spending be offset by cuts in other programs. This suggests to me they know good and well they are lying.

What Krugman is saying here is that the Republican analysis is a crock that adds items as “cost” that don’t have anything to do with PPACA and which are going to happen whether PPACA is repealed or not. For example, he says, Republicans have added the cost of the annual Medicare “doc fix” to the cost of PPACA, which is an issue entirely outside of PPACA.

Then, you write, “Krugman is assuming that the Medicare fix is as inevitable as a mortgage payment. . . . the possibility that doctors might elect not to see Medicare patients hardly makes increasing Medicare payments a necessity.”

First, you should be aware that in dismissing the Medicare fix issue, you are arguing AGAINST the Republican analysis. Krugman is saying that REPUBLICANS claim the Medicare fix as an inevitable cost of the PPACA, and they’re putting that into the secret analysis I can’t find to argue that “Obamacare” is too expensive.

But here’s what you’re not getting — the bleeping Medicare reimbursement rate shortfall was NOT CAUSED BY THE PPACA AND WILL STILL BE DRAINING MONEY OUT OF THE BUDGET IF PPACA IS REPEALED. That was Krugman’s point.

Righties have insinuated elsewhere that by repealing PPACA they’d be saving the “doc fix” costs, but they won’t, because the ‘doc fix” issue was caused by legislation passed back in 1997 and will not be affected if PPACA is repealed. I’ve written about this, um, prevarication in the past. See:

How the Game Is Played
Die Quickly for the GOP’ or, Righties Still Can’t Read

By the same token, if Congress wants to stop issuing the annual Medicare doc “fix” and allow physician reimbursement rates to drop by 23 percent, or more, they wouldn’t have to repeal “Obamacare” to do that, because it’s bleeping not in “Obamacare.”

So, essentially, your entire argument not only misses Krugman’s point, it also misses the point of GOP propaganda arguments. Hmm, maybe I shouldn’t assume you are as capable of reading CBO analyses as I am.

HCR Repeal?

While the Right is in an uproar, screaming for news media to correct the “error” that the Right’s paranoid, eliminationist rhetoric might have been an influence in the Tucson shooting, as well as several others — this is what Orwell would call a “thought crime,” I believe — they are silent about some of the actual and verifiable lies reported in media everywhere.

For example, regarding the recent CBO report that said repealing health care reform would put a dent in the federal budget “in the vicinity of $230 billion” in the first decade — the GOP claimed that the HCR law will crank up federal spending to ruinous heights. And how did they figure that? By including spending that has nothing to do with the HCR law and which will happen anyway, even if it is repealed. For example, they are still trying to pin the cost of the “doc fix” on the HCR law, when it is really the fault of legislation passed back in 1997.

Anyway, House Republicans plan to put repeal of health care reform on the agenda for next week. It’s not going to happen, and not just because such a repeal (probably) would not pass in the Senate or survive a presidential veto. It’s not going to happen because the insurance industry doesn’t want it to happen. Industry bean counters have figured out that that 30 million new customers is nothing to sneeze at, which is what the individual mandate will give them.

So, the lobbyists have gone forth to tell their lapdogs Republican legislators that they had better back off the individual mandate.

For the insurers, the worst-case scenario would be if the “guaranteed issue” provision — that insurers can’t refuse to cover people with pre-existing conditions — remains in effect but the individual mandate is repealed. That really could be disastrous to the private insurance industry. So, that ain’t gonna happen.

Here’s the more interesting question, proposed by a diarist at Daily Kos (via Moonbat). They’ll keep the individual mandate, but eliminate …

… guarantee issue (cannot be denied insurance even at high cost due to pre-existing conditions) and community rating (price for insurance is not based on your individual risk, which is needed to make guarantee issue meaningful), the limits on medical expense ratio (insurance companies have to use the money to pay for health services, not overhead, marketing, profit and their own salary) and protection against rescission (dropping your coverage and refusing to pay once you get sick).

However, if the individual mandate remains but guaranteed issue and protection against rescission are dropped, it would leave millions of Americans with no way to purchase health insurance on the so-called “free market.” So either the individual mandate would have to be scrapped, or government would have to step in and provide a public “solution” — either make the “uninsurables” eligible for Medicaid or something similar, or set up a subsidized “public option” insurance program for people dumped by private industry. And that option (unlike the original one) would have to be subsidized by taxpayers up the wazoo because that risk pool would be filled almost entirely by higher-risk customers.

Bottom line — logically, the individual mandate and guaranteed issue cannot be separated; one can’t work without the other. That, of course, doesn’t mean the GOP won’t try to separate them, even if it means screwing the taxpayer. However, I agree the medical expense ratio limitation could be vulnerable.

Update: I forgot to mention — Republicans still have only the vaguest of notions of what they would provide in place of last year’s HCR law. Alex Seitz-Wald writes for ThinkProgress,

On Fox News Sunday today, conservative Weekly Standard Editor Bill Kristol could offer only the vaguest of promises about the replacement. When Fox News contributor Juan Williams challenged Kristol to explain “what are you going to replace it with?”, Kristol told Williams not to worry, because there would be hearings in a few months and Republicans would probably come up with something by then. …

… Just days away from the repeal vote, House leaders have no coherent plan to address health care if their repeal effort succeeds. The Washington Post’s Amy Goldstein reports that “according to GOP House leaders, senior aides and conservative health policy specialists, Republicans have not distilled their ideas into a coherent plan.

In other words, all those stacks of paper Republicans were waving around last spring and calling “their plan” were just props, as I said.

Update: See also “The Truth and Consequences of Repeal” and “‘Job-killing’ regulation? ‘Job-killing’ spending? Let’s kill this GOP canard.”