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Baucuscare: The Good, The Bad, and The Ugly


Sen. Max Baucus (D-MT)

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Sen. Max Baucus' health care reform proposal doesn't have any friends on the right or left, and most of the support it does have comes from industry, and industry-backed House Blue Dogs. But though the skepticism of the Baucus plan is borne out of a number of flawed policy proposals, there are some genuinely good aspects to it, too. Herewith, the good, the bad, and the ugly sides of Baucuscare:

THE GOOD:

Fiscal responsibility: Yes, calls for "fiscal responsibility" seem to rear their ugly heads only when conservatives and conservative Democrats oppose the policy changes at stake. But liberal experts also agree: it's crucial that the costs of health care reform be covered, and that the reforms themselves address the problem of health care inflation. Baucus' bill succeeds on both scores. The Center for Budget and Policy Priorities concludes "The proposed offsets in the Baucus plan are sound policies that would use resources in the health care system more efficiently.... [W]eakening or eliminating these offsets would not only result in a less efficient health care system but also make it more difficult to provide low- and moderate-income Americans with sufficient subsidies to afford health coverage." And the CBO finds that, via it's main financing mechanism and other measures, Baucus care would be a deficit reducer over both 10 and 20 year windows.

The exchanges: Both right away, and then increasingly over time, the Baucus bill would actually allow more people to participate in health insurance exchanges than would House legislation--a feature that would lower premium prices and save the government money. The Baucus bill allows businesses with up to 50 employees to buy into the exchanges from the start--compared to 20 in the House--and that's just a floor. States can rope larger businesses in if they choose. And then eventually, employees at firms of all sizes will be allowed to enter the market place. According to Ezra Klein, this is "a huge deal...the first place where I've seen the Baucus bill go substantially further than the other bills."

Medicaid expansion: The bill expands Medicaid to cover people up to 133 percent of the poverty line. This is an extremely progressive redistribution of money from wealthy and middle-class people to some of the poorest people in the country. And though other proposals on Capitol Hill do the same thing, Baucus didn't choose to scrimp and save by scaling back that expansion.

THE BAD

Subsidies: Baucuscare comes at a lower price tag than do proposals out of the House and the Senate HELP committee. But though that may address the political reality of sticker shock, it essentially means that a sliver of the population--a few million middle class people without insurance--will suddenly be forced to buy expensive insurance that covers relatively little in the way of medical expenses. And though Baucuscare places a cap on out of pocket spending, that cap is high enough that middle class families could still be liable for tens of thousands of dollars in the event of serious illness or accident. In other words, this bill will not end medical bankruptcies, and it could prove politically damaging in the long term. According to James Kwak, "One reason the Baucus bill is "cheaper" than the House bill is that it has lower subsidies":

For illustration, let's assume that the whole $140 billion difference is due to lower subsidies. Relative to the House bill, then, the Baucus bill costs the government $140 billion less; but it costs middle-income people exactly $140 billion more, since they have to buy health insurance. The difference is that in the House bill, the money comes from taxes on the very rich; in the Baucus bill, it comes out of the pockets of the middle-class people who are getting smaller subsidies. Put another way, the Baucus bill is the House bill, plus a $140 billion tax on people making around $40-80,000 per year. That' s not only stupid policy; it's stupid politics.

Illegal immigrants: In the wake of the Joe Wilson flap, Baucus and his ally Kent Conrad changed the legislation to, basically, install a checkpoint outside of the exchanges, to prevent illegal immigrants from receiving subsidies when buying insurance. That's already a wasteful way to achieve a questionable goal, but if the White House gets its way, illegal immigrants won't be able to buy any insurance at all within the exchanges. That keeps a relatively healthy portion of the population out of the risk pools, making insurance more expensive for the rest of us, and is bad public health policy to boot. More on this later today.

THE UGLY

The public option: Or lack thereof. The Baucus bill doesn't have a robust public option. It doesn't have a weak public option. It doesn't have a triggered public option. It doesn't even create a private co-operative system that could mimic a public option and inject sizable, non-profit competition into the system. According to the CBO, "[t]he proposed co-ops had very little effect on the estimates of total enrollment in the exchanges or federal costs because, as they are described in the specifications, they seem unlikely to establish a significant market presence in many areas of the country or to noticeably affect federal subsidy payments." In other words, as Sen. Jay Rockefeller pointed out yesterday, they're a sham.

The employer mandate: TPMDC outlined the basic problem with this policy last week, and it's still a problem. The specifics are somewhat complicated, but the basic incentive structure is this: In competing legislation, employers who don't provide health care for their employees are assessed a fee based on the size of their businesses (how many people they employ, or how large their payrolls are). Under Baucuscare, businesses can get away with only paying a fee for those employees who, by virtue of not having employer-provided insurance, require government subsidies. That means employers will have an incentive not to hire poor people. Or, as Ezra Klein puts it, "the policy makes it profitable for employers to discriminate against hiring low-income workers." But unfortunately, this particular feature (if you can call it that) seems to have the support of one Olympia Snowe....

Comments (36) | Join the Conversation!

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September 17, 2009 12:55 PM   

good post. Thanks.

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September 17, 2009 3:10 PM    in reply to Indie Pro

Agreed. This is a nice summary of the proposal.

http://www.enewse.com/

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September 17, 2009 1:18 PM   

The insurance industry got what it paid for in Baucus.

Your analysis is excellent. But the fact remains that if it's good for the insurance industry, it's in the bill, and if it's not, it's not.

Expanding Medicaid is vitally important. Increasing participation in the exchanges is probably for the better.

Nevertheless, it would be a political and policy catastrophe to have a mandate without adequate subsidies. Forcing people to buy something they can't afford is a recipe for revolt. And you have to have an employer mandate if you want to prevent companies from dropping health coverage faster than a hot potato (plus it's also a source of revenue that can be used to finance greater subsidies). Obviously, the public option is critical too.

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September 17, 2009 1:21 PM   

The ugly part is really, really ugly though. The "free rider" provision discriminates against hiring of low-income people and the mandates with insufficent subsidies are a give-away to insurers without a real choice (public option).

The irony is that it is precisely this kind of sham plan that shafts the middle class through inadequate subsidies while dumping more people on medicaid and public assistance is just what would kill the Blue Dogs in an election. These are truly deded folks who think they can bury the opposition with all the insurance money they are going to get. But last time I looked those folks don't provide the troops for a local election--not for a Dem, anyway.

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September 17, 2009 1:22 PM    in reply to Mimi katz

That's really deluded people. Or maybe deaded in their souls.

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September 17, 2009 1:23 PM   

Excellent post, Brian, I'm happy to say. I've been very critical of your Health Care Coverage, especially the over-the-top headlines. This one, similar to the story in the NY Times this morning, sifts through the bill to find the relatively small amount of good stuff that's likely to survive going forward.

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September 17, 2009 1:26 PM   

"Under Baucuscare, businesses can get away with only paying a fee for those employees who, by virtue of not having employer-provided insurance, require government subsidies. That means employers will have an incentive not to hire poor people. Ezra Klein says, 'the policy makes it profitable for employers to discriminate against hiring low-income workers.' And that's true no matter how you slice or dice it."

So then, you increase the pool of under- and unemployed people, thus increasing the cost to federal and state governments in terms of unemployment benefits, welfare and health care. In exchange you get a bunch of middle- to higher-income workers tackling a lot more work for what'll likely be a slight increase in wages that will probably be more than offset by the increased tax load for their coverage as well as covering those folks who are out of work.

This is what passes for fiscal conservatism these days? Laughable.

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September 17, 2009 1:29 PM   

Thanks for the analysis. The only one I've read so far with a good deal of objectivity.

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September 17, 2009 1:46 PM   

Good analysis. I think it's important for people to remember that this isn't etched in stone. Some of the "ugly" parts can be changed when this is reconciled with the HELP bill and there can be further changes in conference when it's reconciled with the House bill. If you're an optimist you can hope that the end result will combine the best features of all the bills. If you're a pessimist...

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September 17, 2009 2:17 PM    in reply to mans_best_friend

Goofy, I'd add to the bad the 5:1 community rating and the minimum benefits package at 65 percent minimum actuarial value. While young people will love the 5:1 community rating, there's no way health insurance will be affordable for adults between ages 55-64. 65 percent minimum actuarial value doesn't do much to prevent against medical bankruptcy. To give you an idea of how bad 65 percent is, the plans on the Connector's Silver Tier have actuarial values between 67 percent and 81 percent. There's no way that forcing a family of four earning $80,000/yr. to spend 13 percent of their income in premiums alone on a policy that has at least a $1,000 deductible and a $10,000 out-of-pocket cap won't spark political backlash.

I also don't like allowing insurance companies to vary premiums by smoking status, although I wouldn't put this in Brian's bad or ugly category. And I say this as someone who has never smoked a cigarette in his life. Are we really going to require everyone who purchases health insurance on the Exchange to take a blood test every year, and pay for the cost in higher premiums? The difference in average claims costs between smokers and non-smokers isn't big enough to justify the costs of a blood test each year.

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September 17, 2009 3:05 PM    in reply to jimbomoron

I agree in principle that the costs for middle income families is higher than I'd like. But to increase the subsidies to the level of the House bill, where's the extra $140 billion a year going to come from?

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September 17, 2009 3:23 PM    in reply to mans_best_friend

I believe it's $140 billion over ten years, and that $14 billion a year would have to come from redistribution of income from companies or wealthy individuals.

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September 17, 2009 3:28 PM    in reply to Christov

My back-of-the-envelope calculations say it's going to cost that much each year.

Assume we want to reduce the $1000/month a middle income family pays by half. That's $6000/year per family. Multiply that by tens of millions of families and you get something close to $140 billion PER YEAR. Am I missing something?

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September 17, 2009 3:27 PM    in reply to mans_best_friend

Where's the money going to come from? Subjecting small businesses to some pay-or-play requirement. The penalty doesn't have to be as big as for mid-size and large businesses, but small businesses should be required to contribute something to their employees' health insurance.

My other idea is making the tax subsidy for employer-provided health insurance more progressive. Currently, a business executive earning $500K/yr. (35% marginal tax rate) who gets his $40,000 health plan through his employer receives a 35% * $40,000, or $14,000, tax subsidy from Uncle Sam. Meanwhile, the administrative assistant who purchases health insurance in the individual insurance market because her employer doesn't offer her health insurance receives no help from Uncle Sam. So I say instead of capping the employer exclusion by plan size as Max Baucus wants, cap the employer-provided tax subsidy level by income, with smaller amounts -- eventually to zero -- as income declines.

Ultimately, whatever tax subsidy we take out of the employer-based system we can put into the subsidies for purchasing health insurance on the Exchange.

Those are my ideas.

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September 17, 2009 3:42 PM    in reply to jimbomoron

I agree that the play-or-pay provisions in the Baucus markup are way to weak, but I'm not sure beefing it up would generate more than a small part of the $140M.

As for the taxing of employer provided health care - be very careful. No plan costs $40,000. Even a first-dollar plans costs less than half that, and very few employers offer first-dollar coverage anymore. Average would probably be closer to $12,000 per year. But while it might make people feel better to tax those plans for very high earners, there aren't enough of them for that to amount to more than a trivial amount of money. It's only when you lower the threshold to people in the middle incomes that you generate significant amounts of money, but you're going to alienate A LOT of people if you try to do that. I think that's a non-starter.

I think that's why Obama has suggested a surtax on high incomes, and that may be the best way, but you know what happens when you say "tax increase".

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September 17, 2009 4:27 PM    in reply to mans_best_friend

The House bill exempts businesses whose payroll is $250,000 or below, and has reduced penalties for payrolls between $250,000 and $400,000. You could subject all businesses whose payroll exceeds $250,000 to the full penalty and businesses whose payroll is below $250,000 to a reduced amount. I think that's the way to go in Finance.

Meaning for employer-provided health insurance -- no plan costs $40,000? I know my employer's BCBSMA Blue Care Elect Enhanced Value costs $22,000/yr., and that's not the most generous PPO BCBSMA offers. Individual insurance policies on the Connector and on ehealthinsurance.com can certainly cost that much at the older ages.

But yes, I would be for subjecting the middle-class to some taxes on employer-provided health benefits -- it's just my way is slightly more progressive than capping the employer exclusion for all Americans. I think taxing employer-provided health benefits is the most popular broad-based tax increase for the amount of revenue it raises; the millionaire surtax doesn't raise much money unless you significantly jack up rates.

I think the money should come through the health care system itself. We spend 33% more than any other nation on health care and have 47 million Americans without health insurance. Surely there are inefficiencies in our system, and the tax subsidy for employer-provided health insurance is the best example.

Just remember -- what money you don't take out of the insured's pockets you're taking out of the uninsured's pockets in order to comply with the individual mandate. I tend to think there would be less political backlash for taxing employer-provided health benefits than forcing many middle-class families to spend a large percentage of their income on premiums for a policy they couldn't afford to use ($1,000+ deductible). That's the tradeoff Democrats are going to have to come to terms with.

At the end of the day, in order to create a new third-rail of American politics -- which I believe the premium caps, the minimum benefits package, the community rating, and the Exchange will become -- you have to touch a third-rail of American politics. Democrats are simply going to have to come to terms with this.

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September 17, 2009 4:57 PM    in reply to jimbomoron

How many people do you think have healthcare packages that cost $22,000/yr? Very few. I think you'd have a firestorm if you started taxing middle class people for their healthcare coverage. Truth is, you could probably generate all or at least most of the $140M by increasing the top federal income tax bracket by 2-3%. And despite what you'll hear, the sky would remain firmly in place.

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September 17, 2009 5:17 PM    in reply to mans_best_friend

And then you wouldn't have that money to reduce the deficit.

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September 17, 2009 6:24 PM    in reply to jimbomoron

Why are we trying to use health care reform to reduce the overall deficit anyway?

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September 17, 2009 6:11 PM    in reply to jimbomoron

Right: it's this slicing and dicing of the insurance pool that is responsible for much of the high cost of insurance to begin with. Once you start that, where does it end?

I knew that I wasn't going to like whatever came from Baucus's "Gang of Six," but I never had any idea it would be this bad. On what planet are they living if they think they can impose an across-the-board 13% tax for insurance premiums and not be faced with extreme backlash next November?

Get real, Baucus: 13% is nearly double the amount that my employer currently pays for my premium, and that's for a policy with a far lower deductible and annual out-of-pocket cap. Even if I were to get back in salary what they are currently paying, I would still have to pay a lot more money than I am currently paying for health care. This is not change that I can believe in!!!

One of the reasons that the British single-payer system was such a mess for so long was because they tried to do things on the cheap. Not until the post-Thatcher Labor government injected additional funding into the health care system did they really have something that ran reasonably well. I'm afraid that's where the deficit hawks have us heading with this: a plan that is cheap but horribly painful.

Surely we can do better than this.

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September 17, 2009 2:13 PM   

Now I would like to see all of the bills that have been drafted, particularly the Kennedy bill, scored against the criteria laid down by Obama in his joint address.

I noted that Gibson and Stephanoupolis on ABC last night were spinning the Baucus bill as the closest to Obama's requirements, and YET, was being opposed by most Democrats and progressives.

As with so much of the MSM coverage this past year, it was a "Through the looking Glass" description of the situation.

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September 17, 2009 2:37 PM   

I love the photo, Baucus and his S**t Eating Grin, you go boy!!!
Just another Feather Merchant ain't you? One day we will drag you off that pillar you seem to think is your throne, and we will popsicle you with it. Are your voters as stupid as you seem to be? Or is it Just Greed being shown? You are lucky that your not my Senator, I would be literally standin on your shoulders and crappin in your mouth.... Go to work on K street, you aren't good for much else!

Oh! And if you think that this is Contempt of You and of Congress, "***KACHING***" For Once You Got Something Crorrect

Just this old Chief's 2 cents

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September 17, 2009 2:46 PM   

Correct dammit, I get so effing mad that these old hands shake a bit.. I despise Blue Dawgs as much as Repigs, wish they all would go on haiatus and the Hawgs would eat 'em!

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September 17, 2009 2:50 PM   

Thank you Brian, as another person who's been critical of the tea leaf reading, I really appreciated this post. Perhaps a similar look at the other four potential bills out there and then once the Finance bill is final (out of committee), a piece comparing and contrasting them to each other?

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September 17, 2009 2:51 PM   

"...I love the photo, Baucus and his S**t Eating Grin, you go boy!!!"

And I loved that title, right next to that mug.

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September 17, 2009 2:55 PM   

I've got a really bad feeling about this. Can you imagine, if you are a family of four making $70K a year (barely getting by in a lot of California) and you are suddenly required to find $1,000-$1,500 bucks a month in your budget, or face a $3,600 (or whatever) fine? And for what? The deductible is so large you are basically getting nothing, unless you are "lucky" enough to have a major illness.
I think the anger on all sides is going to come back to bite the democrats. I think the lack of Leadership on Obama's part has morphed this from health care reform to a half-assed, gotta-do-something effort.

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September 17, 2009 6:23 PM    in reply to Christov

Yes, I also think there will be serious backlash if the Congress passes something along the lines of this horrible proposal from Baucus's committee. And since no Republican is going to vote for it in any form, they can sit back and say, "See? We had nothing to do with this. It's the Democrats, and only the Democrats, who have foisted this mess on you. So throw the bums out."

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September 17, 2009 3:07 PM   

Ezra Klein seems to think there are a couple of good things in the Baucus bill too. So, yeah, yay for us for not going all reductionistic and reactionary. But ya know, it's not a contradiction to think pearls are pretty but not wanting to see a woman wearing a string of raw oysters around her neck.

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September 17, 2009 3:11 PM    in reply to The Commenter Formerly Known as NCSteve

But ya know, it's not a contradiction to think pearls are pretty but not wanting to see a woman wearing a string of raw oysters around her neck.

Speak for yourself. ;-)

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September 17, 2009 3:50 PM   

I'm real foggy on this one..

--Under Baucuscare, businesses can get away with only paying a fee for those employees who, by virtue of not having employer-provided insurance, require government subsidies. That means employers will have an incentive not to hire poor people. Or, as Ezra Klein puts it, "the policy makes it profitable for employers to discriminate against hiring low-income workers."--

I didn't realize that people walked around with tags on them saying "low-income worker". Employers try to hire the best workers they can get for a given job. If they pay those workers a low wage then the employee will be a low-income worker period. If they pay them a higher income they won't be. The case of the rich trust fund baby who just enjoys plucking chickens for $8/hr is rare enough not to be a real threat to people who actually need the jobs.

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September 17, 2009 4:11 PM    in reply to Steve Garrett

Yeah, that one had me scratching my head, too. I think Klein just flew up his own ass. If you hire them at a decent income, they're not going to be poor anymore. So what this really amounts to is an incentive for employers to pay people more so they don't wind up needing subsidized insurance. Oh, no!

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September 17, 2009 4:47 PM    in reply to mans_best_friend

That's what it'd be sold as, yes, and ideally that's how it would work, but I suspect employers would use this as an excuse to cosmetically inflate the wages of middle- and upper-middle-income employees they already have after making them take on more work that would usually be handled by lower-income positions. The increase in wages would then be offset by taxes on their higher-priced health plans. You never know, though. Could be that employers would rather end up paying the penalties. Would the penalties be equal to the amount employers would have to pay toward the coverage? Is there a sliding scale based on the wages?

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September 17, 2009 4:17 PM   

That's right. The bill that had no support from the gang-bang of six will be the bill Obama signs. The Grand Chess Master will win by losing. Even Bobby Fisher couldn't play compete against this master bait-or.

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September 17, 2009 5:00 PM   


I was at the College Park rally today and Obama was saying there are good parts to all of the bills, included Baucus'. Looking at the "GOOD" part listed here I think that is true. Just because the bill has no public option and even the co-ops are "non-competitive" doesn't mean we can't build on the larger access to the pools that his bill is proposing.

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September 17, 2009 5:25 PM   

I think we can live without this bill. It sucks and no surprise that it was written by a previous insurance industry VP.

Baucus has proven that he is a terrible Finance Committee Chair. We really can't afford to have him in charge of that committee any longer. I hope they will remove him and appoint someone better. If you agree, please call and let your Senators and Reid and Durbin know.

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September 17, 2009 6:35 PM    in reply to synchronicity

Baucus has proven that he is a terrible Finance Committee Chair. We really can't afford to have him in charge of that committee any longer.

Y'know, I was thinking exactly the same thing yesterday. He has screwed up this legislation so badly that he deserves to have his chairmanship stripped from him. He delayed work on health care reform for two months, allowing the teabagger effort to gin up the noise machine to scare people with bogus claims and erode support for key features among timid members of Congress, and the delay bought him absolutely nothing. He's got the same abomination of a bill that he had two months ago. Maybe he now has Olympia Snowe's precious vote (though she's still playing coy), but he's probably lost the votes of the Democrats on his committee that were not part of his gang bang.

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