The Supreme Court has another Chance to Destroy
Obamacare, How would it affect you?
The Supreme Court has
yet another chance at destroying the Affordable Care Act. The situation is this.
A large part of Obamacare is to make health
care affordable for Americans.
The plan,
therefore, subsidizes premiums paid by families for their health insurance.
For example, in 2014 a family of four making
$35,775 per year would not pay more than $1430 per year ($119 per month) for a
silver plan.
These subsides apply to annual
incomes reaching up to about $100,000 a year.
The subsides are paid for by
-
a much larger pool of participating and mostly healthy
individuals
-
more frequent medical checkups to keep people healthier
-
additional taxes on those making over $200,000 per year
and
-
taxes on medical devices and health care insurance
companies, on expensive "Cadillac" health care plans and on tanning salons.
The Patient
Protection and Affordable Care Act (i.e. Obamacare) was originally written to
have each state set up it own health insurance exchange
. Citizens go on-line to
health care exchanges and select which plan they want, from the most economical
bronze plan to the most expensive platinum plan.
Along the way though, 34 states opted not to
set up their own plan, some because setting up the system was too onerous and
others because they just opposed Obamacare.
The federal government then established a system where people without
state plans could select an insurance plan through the federal government site,
www.healthcare.gov.
The only
problem is the exact wording of the Affordable Care Act. The Act states that subsidies will be
provided to eligible people who purchase insurance through “exchanges
established by the states”. In King
v Burwell (Sylvia Burwell, Secretary of the Department of Health and Human
Services) King argues that anyone who obtained health insurance through a
federal exchange is NOT eligible for subsidies because they’re not “established
by the state.” Even though Obamacare
clearly intended that subsidies could be provided through either a state or a
federal exchange, the exact wording of the act does NOT say “or the federal
government.”
All this
turmoil and uncertainty results from conservative zealots that loath Obamacare.
So if the Supreme Court decides that the federal government cannot provide
subsides, here is what could happen.
1) Five million
people signed up for Obamacare from federal exchanges in 2014. Of those, 87% or about 4.4 million people,
received subsidies. Without those
subsidies, many of the lower income and healthy, generally younger people may
opt out1). The numbers get worse though. In 2015, the second year of enrollment, the
estimated number of Obamacare participates is about 11.4 million and, according
to E. J. Dionne of the Washington Post, 2) about 8 million lower
income and younger people could opt out and be without health insurance.
2) Most of those who drop health insurance are from the 34
non-participating states. These are
predominately Republican states.
3) With the younger, relatively healthy people not
participating, the majority of the participants would be in poor health and
require more medical treatment. However,
without insurance, hospital and doctor payments would drop and medical fees would
have to increase in order to compensate.
An economic forecast by the RAND Corporation projects that medical fees
would increase by 47%, while enrollment in individual health care insurance
market would decline by 70%3).
This too would occur predominately in Red states which did not develop
exchanges.
4) People without insurance are reluctant to go to the
doctor. The result is many preventable
diseases (e.g. asthma, heart problems, high blood pressure, diabetes, and
cancer) will not be detected until late in the disease development when the
prognosis is not good and the cost of treatment is higher. Before Obamacare, the American Journal of
Public Health reported that about 44,800 people were dying unnecessary each
year due to lack of insurance 4).
In addition, lack of pre-natal care results in higher infant mortality
rates. The National Vital Statistics
Bureau reports that about 25,000 infant deaths result each year from inadequate
prenatal care 5). And again,
the increase in death and disease will predominately occur in Republican
states.
5) The expanded Medicaid program that provides healthcare
for those earning less than 138% of the Federal Poverty Level, (about $33,000
for a family of four in 2014) would continue for those 25 states that opted to
participate in the program. The other 25
states refused to participate in expanded Medicaid, even though the federal
government will pay almost all of the costs.
The 25 states not participating in the expanded Medicaid is, you guessed
it, mostly Republican states.
So the end result of a Supreme Court decision to uphold King’s
complaint is that part of the nation would be receiving huge Federal subsides
for health insurance and the remaining states could receive near nothing. Secretary Burwell told Congress that the
administration knows of no legal action it could take to “undo the massive
damage to our health care system that will be caused by an adverse decision.”6)
In closing this article, I quote Ted Cruz’s statement to the
International Union of Firefighter on Tuesday March 10 in Dallas, Texas:
“Five years ago reasonable minds could have differed on
whether this was a good idea, but today, seeing millions of American who’ve
lost their jobs, who’ve been forced into part time work, who’ve lost their
health care, who’ve lost their doctor — it is the essence of reasonableness, it
is the essence of pragmatism to acknowledge this thing isn’t working. We need
to repeal it and start over.”
I think it is the essence of reasonableness for the states
to have joined Obamacare. Thank goodness
Cruz doesn’t work for NASA.
1) Fortune.com, “The Supreme Court’s decision on health care
subsidies – what you need to know,” by Laura Lorenzetti, March 3, 2015.
2) The Week, “Obamacare’s looming legal showdown’, March 56,
2015
3) Fortune.com, “The Supreme Court’s decision on health care
subsidies –
4) Wilper, Andrew P.; Woolhandler, Steffie; Lasser, Karen E.; McCormick,
Danny; Bor, David H.; Himmelstein, David U. (December 2009). "Health
insurance and mortality in US adults." American Journal of Public Health 99 (12): 2289–2295. DOI:10.2105/AJPH.2008.157685.
PMC 2775760.
PMID 19762659.
5) National Vital Statistics Report, Vol. 59, No. 6, June 29, 2011
6) www.csmonitor.com/USA/Justice/2015/0304/supreme-court-could-obamacare-ruling-destroy-health-insurance-for-millions