Obamacare: What The Affordable Care Act Means For Patients and Physicians
Obamacare: What The Affordable Care Act Means For Patients and Physicians
Obamacare: What The Affordable Care Act Means For Patients and Physicians
that people (and the government) receive decent value those that serve a higher than average share of the unin
for their money and that insurers compete on fair terms. sured will continue to do so, but the act cuts federal
Requirements include offering a standard set of essen funds to support this uncompensated care across the
tial health benefits that cover a comprehensive range board, having anticipated that all states would expand.
of services. It is not surprising, therefore, that several major medi
The act also requires insurers to package their patient cal centers across the country that have announced that
cost sharing mechanisms (such as deductibles (see Glos they are cutting jobs are in states that have not expanded
sary) and copayments (see Glossary)) in standard ways Medicaid.18
labeled bronze, silver, gold, and platinumaccording to
whether insurance, on average, pays for 60%, 70%, 80%, Misconceptions about the act
or 90% of the required covered benefits. Socialized insurance
The acts most vociferous opponents say that it social
The constitution and Medicaid izes medicine, meaning that the government has taken
Immediately after the act became law, lawsuits that over the delivery of care. However, that is a misuse of
challenged its constitutionality were filed. Clearly, the the nomenclature. The distinction between socialized
federal government has constitutional authority to medicine and socialized insurance is that, with socialized
require Medicare for all,11 but doing something short of insurance, the government pays for rather than delivers
thatexpanding Medicaid and requiring people to buy care. Considering the insurance element, congressional
private coveragewas attacked as exceeding congres leaders originally proposed selling government insurance
sional powers. In what is undoubtedly the health law on the new exchanges and allowing older people to buy
case of the century, the Supreme Court ruled partially in into Medicare before age 65 years, but both of these pub
both sides favor.12 It held that the Medicaid expansion lic option ideas were stripped from the law before it was
is permissible but only if states can opt out of the expan passed to garner enough votes in the Senate.2 Essentially
sion and still keep their current Medicaid funding. And, what is left is a system for subsidizing and regulating the
it ruled that the individual mandate is valid, but only purchase of the same kind of private insurance that was
if it is construed simply as a tax on a personal choice to already being sold in the market.
decline coverage rather than as a penalty for violating a This subsidy and regulation scheme has many social
regulatory law that prohibits being uninsured. elements, such as modified community rating, but they
This ruling allowed the act to survive, just barely (by are not greatly more socialized than certain elements
a vote of 5-4 on the individual mandate), but in a weak that prevailed in the market before the Affordable Care
ened form. In particular, about half of US states so far Act. The act allows individual and small group insurers
have declined to expand Medicaid. In those states the to charge the oldest adults only three times more than
subsidized exchanges can reach down to the poverty the youngest adults. Threefold variation is less than the
level but not below. This means that a high proportion fivefold one that insurance actuaries would like, but a
of uninsured people on a low income in these states threefold variation is much more flexible than the mar
have no new options, even though people earning just a ket based form of community rating seen within large
few dollars more qualify for free private coverage on the employer groups, where every worker in a group is
exchanges. Many states chose this upside down effect charged exactly the same rate regardless of age.
because they say they cannot afford their very small Although the act mandates coverage of at least 60% of
portion of the Medicaid expansion costs. Skeptics claim the actuarial value of a package of essential health bene
that politics, not state finances, are the main driver of fits, the 60% level is much lower than what insurance typ
states decisions to refuse Medicaid expansion. They note ically covers in employer groups, and it is similar to what
that all of the states that refused are led by Republicans, previously prevailed in the individual market. Similarly,
and that they all also refused to establish insurance the essential health benefits package is based mainly on
exchanges.1 13 what was the most popular insurance plan recently sold
Although states struggle to balance their budgets, state in each states small group market.19 Some other impor
finances are not a compelling reason to refuse Medicaid tant aspects of the act push the private market towards
expansion. The federal government will pay the full costs more coverage and cross subsidization than occurs in the
of expansion for the first two years and 90% of the costs unregulated market, but overall the act mirrors rather
by 2020. This would reduce states existing financial than displaces many aspects of existing insurance mar
burden of caring for the uninsured and would pay for ket conditions. It is always possible that Congress might
additional care that saves citizens lives and relieves suf adopt further reforms that are more socialized than the
fering.14 15 Moreover, Medicaid expansion would create Affordable Care Act, but nothing in the acts structure
jobs that generate more state and local tax revenue, suf makes this likely.
ficient to offset most or all of the states small fraction of
Medicaid costs.16 17 Socialized medicine
These refusals come at a high cost for states and their It is also not accurate to say that the act socializes medi
citizens. Opting out of Medicaid expansion does not cal practice or payment. It does nothing that directly
relieve state citizens from paying the federal taxes that alters the fundamentals of how private insurance pays
fund the act in other states. Not expanding puts many healthcare providers. One reason that the act was ulti
US hospitals in a particularly difficult position because mately endorsed by the American Medical Association,
the American Hospital Association, and other major Government mandated insurance
industry and trade groups is that it did not implement Finally, there is merit to both sides of the debate about
comprehensive payment reform or regulation for pro whether the act forces people to give up their previous
viders.2 20 The act contains several innovations in pay insurance. The act will have little or no effect on most
ment methods, described below, but most of these are people who are already insured (figure). Eligibility for
demonstration or pilot projects under Medicare, which Medicare remains the same and expands for Medicaid.
already regulates payment rates, and these innovations Large employers are not expected to, and so far are not
build on ones that were already under way before the planning to, drop coverage (although this remains spec
act came into law. ulative because of a two year reprieve for the employer
Similarly, despite concern that the government would mandate).2628 However, because small employers are
control and ration care, the act does little to directly alter not subject to an employer mandate, a fair number of
prevailing standards of practice or clinical autonomy. It them (but fewer than half) are expected to drop cover
creates new institutions that aim to improve quality and age, especially if many of their employees are eligible for
value (administered by the Patient Centered Outcomes substantial subsidies on the exchange.28 29
Research Institute and the Center for Medicare and Med The act mandates that insurance sold to individuals
icaid Innovation), but they mostly just fund research or and small groups (initially, groups of fewer than 50, but
make proposals. Some potentially influential initiatives increasing to 100 in 2017) cover a comprehensive set of
have not even been implemented, either because of a lack essential health benefits. Also, it caps out of pocket pay
of funding (National Health Care Workforce Commission) ments at $6350 for individuals and $12700 for families.
or continued political and policy opposition (Independ For those who want to avoid these mandates and keep
ent Payment Advisory Board). Even if established, most the coverage they have, the law clearly permits continued
of these study commissions and advisory boards differ renewal of plans that existed at the time of enactment,
little in their fundamentals from those that have been for as long as the insurer and the policyholder both wish
in place for decades, such as the Agency for Healthcare to maintain coverage. This explicit statutory protection
Research and Quality and the Medicare Payment Advisory is the basis for President Obamas controversial pledge
Commission. that, if you like your insurance plan, you can keep it.
Naturally, the story is more complex than this, but This was true when the law first passed, but to remain
despite a sometimes alarming plethora of new organiza true people had to have the same coverage that they had
tions and acronyms, there is no new government author in 2010 and insurers had to avoid making any substan
ity that requires physicians to change how they practice tial changes to their plans. People and insurers change
or tells private insurers how to pay for care. Just the oppo coverage frequently. Therefore, by the time the laws
site, to assure that the acts initiatives do not compromise main provisions took effect in 2014, millions of people
patient care or interfere with clinical judgment, the law were no longer eligible to keep their coverage.30 Moreo
contains a series of restrictive provisos that preclude ver, many insurers decided to cancel their existing plans
any recommendation to ration health care (Independ because it did not make business sense to keep plans that
ent Payment Advisory Board), any use of dollars per could not be sold to new subscribers. In addition, some
quality adjusted life year (Patient Centered Outcomes states decided to require these cancellations. The ensuing
Research Institute), or any denial of benefits based on uproar led the Obama administration to allow insurers to
age, disability, or expected length of life (essential keep in place coverage that they had planned or begun
health benefits).21 to cancel. However, for many insurers this continuation
was not feasible or was not allowed by state regulators.
Budget buster Even for cancellation deadlines that were extended,
Another misconception is that the act puts the federal sooner or later people will have to conform to the acts
government deeper into debt. Certainly, the act is not benefit minimums for individuals and small groups.
inexpensive; it is expected to cost about $1tr of federal Whether or not these minimum benefits are good policy
spending over the first decade, even though it was not is, of course, subject to debate. For instance, should cov
fully in effect for several of those years. Nevertheless, the erage for maternity care be required even if many poli
law is designed to cover the federal governments costs cyholders simply cannot have children? And, should
through various tax increases and spending cuts (mainly insurance cover habilitative services that go beyond
to Medicare), so it is not expected to increase federal debt merely rehabilitating patients, to include various thera
for the foreseeable future according to the Congressional pies that help people cope with chronic disabilities?
Budget Office (CBO),22 23 whose expertise and neutrality Although coverage of these services is more comprehen
is not seriously questioned. Naturally, such projections sive than what prevailed previously in the individual mar
often prove to be inaccurate and other government pro ket, this coverage is similar to the most popular plans that
grams such as Medicare have ended up costing much had been for sale in the small group market and a bit less
more than initially forecast. However, this is not the generous than what prevails for large employer groups.19
experience so far. Because initial insurance rates were
lower than expected, and about half the states have not Impact on patients and consumers
expanded Medicaid, the CBO now projects that costs to For reasons just explained, the Affordable Care Act has
the federal government will be about $30bn less per year little effect on the insurance coverage of roughly three
than originally forecast.24 25 quarters of the population (figure). The laws main effect
is that the number of people who are uninsured will be Effect on community and average rates
roughly halved by moving them to Medicaid (those below Similarly overstated are charges that the act has caused
the poverty line) or subsidized private insurance sold massive rate shock. It is true that community rating
through the new government exchange. Everyone with will increase rates for younger people by 30-40%, but it
Medicare, and most people with Medicaid or employment will also significantly lower rates for older people.50 Early
based insurance, will continue to receive the same kind indicators of the market-wide effect on insurance rates
of coverage, from the same source, at price increases that are encouraging. Average rates for 2014 in the individual
are in line with medical cost inflation. Medicare recipi market (which includes the new exchanges) are almost
ents will be covered for more preventive care and will 20% lower than the CBO initially projected, and in line
see coverage for prescription drugs expand. People with with, or lower than, prevailing rates for group insur
large group insurance (including self funded insurers) ance.24 44 51 52
will also have better coverage for preventive services and It is true that these rates exceed what many people
will no longer be subject to lifetime or annual limits on previously paid in the individual market. But insurance
total claims. These and other requirements undoubtedly under the act has better coverage (sometimes better
add to the cost of insurance, but many of them have only than people want).53 Also, insurance now covers all pre-
a minor or negligible impact, in part because most pri existing conditions and allows people to undergo periods
vate insurance already complied with the bulk of the acts of non-coverage without worrying about their ability to
requirements. requalify for coverage. Moreover, this insurance can
The acts primary impact is on the 18% of people who not be cancelled or rescinded and its premiums do not
are uninsured, the 6% who have individual coverage, and increase as steeply with age, or at all when people get sick
the small proportion (so far) of people whose employers or injured. These benefits come at a cost, which insurers
are dropping group coverage. These roughly 80 million require people to pay, but which the act subsidizes for
people will need to decide between the following options: most people.
Remain as they are and pay a tax penalty (1% of
income in 2014, increasing to 2.5% in 2016), unless Premium subsidies
they qualify for an exemption The acts premium subsidies vary substantially accord
Enroll in Medicaid or with an employer plan, if eligible ing to income and family composition. It is therefore
Purchase subsidized private insurance on the not easy to summarise the impact of these subsidies.
exchange (if their income is between 133% and However, because subsidies are available to people who
400% of the poverty line) earn up to four times the poverty level, most people who
Purchase full price insurance on their own. purchase individual insurance will be eligible for some
Undocumented immigrants are not eligible for Med subsidy.30 50 54 55 Among those who qualify, the subsidy
icaid or the exchanges.31 32 Also, in states that do not averages about $5000 per family.23 The full net impact of
expand Medicaid, people below the poverty level have these various components of insurance pricing (average
no new options because exchange subsidies are available rate, age rating, exchange subsidies) is not yet known but
only above the poverty line.14 there will be more winners than losers.30 54 Still, if only
During the first open enrollment period (which ended a small minority of existing policyholders face increases
in March 2014), about eight million people purchased substantially more than general medical cost trends, this
individual insurance through the state and federal will amount to a few million people who will be worse off
exchanges, exceeding expectations despite severe soft than before.
ware problems.25 3335 About a quarter of these enrollees
were previously uninsured.33 34 36 37 Another six million Medical loss ratio
uninsured people enrolled with Medicaid.33 34 38 39 This Another of the acts benefits for consumers is its regula
enrollment surge could cause patients in some parts of tion of insurers medical loss ratio, which is the propor
the country to face a shortage of available physicians, tion of the premium spent on medical claims and quality
especially primary care physicians,40 but this has not yet improvement as opposed to overheads such as sales
happened,41 42 and efforts (described below) are being costs, administration, and profits. Requiring insurers to
made to increase primary care capacity. rebate overheads that exceed 20% in the individual and
small group markets, or 15% in the large group market,
Effect on insurance exchanges has resulted so far in almost $2bn of consumer rebates.56
Most of the insurance exchanges offer a good range of In addition, insurers reduced their overhead expenses by
choice at prevailing prices.4347 Fears that the new law a similar amount after enactment of the law, and appar
would drive insurers from the market in droves have not ently in response to it.48
materialized. To the contrary, in each market segment
(individual, small group, and large group), roughly 500 Summary of the acts impact on patients and consumers
insurers throughout the country had at least 1000 mem The act seems to have had no unwanted consequences for
bers in 2012.48 Moreover, insurers stock prices have risen most patients and consumers. However, the act has had a
substantially more than the rest of the stock market,49 negative effect on less than 5% of peoplethose who are
and new insurers are entering the individual market in younger, healthier, and wealthier and so had lower rates
many states, in response to the opportunity for increased and are not eligible for substantial financial assistance.
enrollment through the exchanges.46 There is also legitimate concern that the initial favorable
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