Health Reform: Who Are They Trying To Fool?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2009-07-07 12:22
by Karl Denninger
in Health Reform
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Health Reform: Who Are They Trying To Fool?
 

Health care "reform" is the current hot-button, with the Obama administration now talking about a "public" health-insurance system to "keep the system honest."

Uh huh.

Look folks, you want to know why we have the health cost problems we have?  I'll lay it out for you - in a way you can't refute or argue with:

  1. There are no published prices.  In no other line of work is it legal to do this.  Nowhere.  You can't sell someone a hot dog and tell them after they eat it what it just cost them.  You can't hire a lawyer and have him tell you "I'll tell you what this will cost when we're done."  You can't hire an electrician and have him tell you "I'll make up a bill when I'm done."  In every line of work except health care, this is illegal.  There are even laws for "major" consumer work (e.g. contracting, auto repair, etc) where they must give you a binding written estimate before beginning work
  2. Robinson-Patman makes it illegal to discriminate against like kind purchasers of goods in pricing decisions when the effect of doing so is to lessen competition.  While it does not apply to services, it darn well should.  Whether you are paying privately, you have private insurance or you're a Medicare patient if you need to have a breast reconstructed due to cancer the complexity of the procedure does not change.  Yet it is a fact that the privately-billed amounts for uninsured ("rack rate") patients are often ten times or more that billed to insurers or Medicare.  Try charging a cash purchaser 10x more for a TV than someone who finances that TV on your in-house credit facility and you would be shut down and thrown in jail.

#1 and #2 exist because of explicit efforts by the "health care" industry to exempt themselves from the laws that every other merchant of every other good and service in the United States must adhere to.

To put this bluntly the medical industry has intentionally put forward a system by which it can screw you with impunity, obtaining exemptions from the laws that cover every other area of commerce, thereby effectively forcing you to buy overpriced services you do not want to purchase lest an unexpected life event literally wipe you out.

This is an extortion racket and absolutely none of the proposals being put forward have done a thing to address any of it.

If we want to fix the health care pricing problem we can do so.  It isn't very difficult.  Here's the prescription:

  1. All health care providers must publish a price list for the procedures and services they offer and the patient must be presented, when possible, with that information before services are performed or goods (e.g. medication) supplied, consenting to the charge in each case.  All normal anti-trust provisions with regards to collusion between providers apply.  If a physician doesn't like "flat-rate" billing they're free to publish a per-hour fee much like an attorney.
  2. No physician or group may discriminate based on the form of any external payment.  If they want to internally finance procedure(s), that's fine - they can charge interest or discount for that, or whatever.  But for anyone who pays via any other means (including the government) money is money - the price may not change based on the source of payment.
  3. No event caused by your presence in a medical facility or the actions of an employee there can come with cost to you.  It is absolutely common for people to be billed for treatment of MRSA infections acquired in the hospital!  That is equivalent to a mechanic that through incompetence or even malice cuts a wiring harness in your car while it is on the rack having the oil changed and then tries to charge you to fix what he broke!

Now clearly #1 doesn't work so well when you're unconscious due to a heart attack or just wrecking your car.  But setting your broken leg or performing a cardiac procedure is something that's done for people who aren't incapacitated too, so guess what - the price is already published and thus the charge known.

This prevents the common practice of hospitals gouging private payers, it exposes prices and brings competition to pricing, and allows the free market to work.  It ends the preference for "insurance" on routine procedures.

Next up, if you want to sell "insurance" in a market you must sell it to all persons in that market, defined as an area of at least one US State.  You may discriminate in your pricing only based on age and gender - nothing else.  If you sell that "insurance" product to any person you must sell to all persons within that state at the same price, and you must publish all your plans and offering prices.

"Insurance" products that are not true insurance products may not discriminate on reimbursement dependent on where the service is performed.  The practice of requiring "in network" doctors or even hospitals lest you get "rejected" must end.  In addition pre-qualification for any bona-fide non-elective procedure must be absolutely barred as a matter of law.

Finally, all providers of "insurance" must sell a true insurance product.  Common HMO/PPO plans are not insurance - they are pre-paid medical care.  Insurance is the purchase of a contract to cover damage caused by an unexpected event.  Everyone needs health care of some form.  Those who want to sell "pre-paid health plans" may do so, but they must also offer true insurance (e.g. covering ONLY hospitalization and related events, etc.)

These changes instantly destroy the connection between health "insurance" and employment.  If you leave your job you have the absolute right to keep your health plan by continuing to pay for it.  If you don't like your health plan or move out of the state you can buy any plan offered to anyone in your state, at your choice, for the same price they pay.

All mandates to provide specific services and products under "insurance" are federally preempted.  Women should be able to choose a health plan that does not include abortion (and/or pre-natal!) services, for example, if they would never use either.  Some women (e.g. those who have chosen to have a tubal ligation!) can't use these services, yet they often wind up paying for them in their premiums.  Men should be able to choose a plan that does not cover things like Viagra - or, if they choose, perhaps they do want "ED" coverage.

If the health lobby won't cut out the nonsense and work for this sort of change to the system then I am forced to advocate for full nationalization of the entire health system, effectively placing everyone under Medicare.  This will lead to forced rationing due to cost but that's happening already, and such a forced system will put a stop to the discriminatory practices of insurers, physicians, hospitals and others in the medical field who commonly bill private parties ten times what health "insurance" plans or Medicare pay for the very same procedure, while playing "let's deny coverage any time we think we can get away with it."

It is my opinion that we should be treating those in the health-insurance lobby, including hospitals, physicians and health-insurance providers, as co-conspirators in a racketeering scheme that effectively trades on the fear of disease and imminent bankruptcy to bamboozle and screw the population, while waving around their "hippocratic oath" - something better described as the "hypocritic oath."

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User Info Health Reform: Who Are They Trying To Fool? in forum [Market-Ticker]
Tesla
Posts: 15560
Incept: 2008-04-03
Green A True American Patriot!
State of Disbelief
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Most excellent ticker.

However, when discussing health insurance I'd lay some major blame on state insurance boards that mandate coverage you don't really want to purchase but must to have any policy, and other rules that prohibit buying health insurance across state lines. Why can't I buy a policy from Idaho or Virginia if I like it better ? Why do I have to buy insurance for 30 days of mental health treatment ? And so on.

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"Even a dog knows the difference between being stumbled over and being kicked." -Justice Oliver Wendell Holmes

"Neither the wisest Constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." -Samuel Adams
Ssg263
Posts: 392
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Green
NY
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The HMO Act of 1973 must be repealed in my opinion. How is health care ever going to get cheaper when an oligarchy of giant insurance companies is setting compensation instead of doctors and patients? It's a 3-way racket with the insurance co's, drug co's, and doctors reaping benefits. This violates one of the most basic laws of economics and Obama's plan does nothing to address it.
Lowbeyond
Posts: 17119
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Green A True American Patriot!
CO aka West NJ/East CA
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Genesis wrote..
Common HMO/PPO plans are not insurance - they are pre-paid medical care


Yep. But that is gonna be a tough mentality to crack.

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Maybe it was a birdy bread-bomber from the future?!

End_the_bubbles
Posts: 9596
Incept: 2009-03-25
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The New 3rd World
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Great ticker.

I'd just like to take issue with the term "Health care" - I believe it should be referred to as SICK CARE!

Aside from that semantic issue, I also feel strongly that people need to be educated on LIVING A HEALTHIER LIFESTYLE.

People eat like crap, don't exercise and don't really do anything to take care of themselves thinking it's all the Doctor's responsibility. That is LUDICROUS!

Health is OUR responsibility, not some external force. Certainly there are exceptions with various diseases, etc., but by and large, we can have a tremendous impact on our own health by doing the right things consistently, most importantly - diet and exercise.....

This is something not frequently discussed, but is very important IMO......

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In the long run even the most despotic governments with all their brutality and cruelty are no match for ideas. Eventually the ideology that has won the support of the majority will prevail and cut the ground from under the tyrant's feet and rise in rebellion to overthrow their masters.
Popothebright
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Bangkok
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Quote:

You can't sell someone a hot dog and tell them after they eat it what it just cost them. You can't hire a lawyer and have him tell you "I'll tell you what this will cost when we're done." You can't hire an electrician and have him tell you "I'll make up a bill when I'm done."


Well... with all due respect... I don't know how things work in Florida, but as a business owner with plenty of legal fees, I beg to differ on this point.

Every law firm I've ever worked with here in Manhattan is very adept at surprise charges. I just received another "surprise" bill for $8k. Sure, part of it makes sense: I know this firm sticks you from $400-600/hr for attorneys fees. And I know how much phone time I had, and how many guys were on the call. But then there's the "Research Time", and "Conversation with...", and the occasional "Tax Expert", "Intellectual property blah blah", etc. There are always huge parts of the bills that are completely unknown until they hit you with them.

Not to mention, you're paying a retainer so the power of the purse is taken from you from the get-go.... All you can eventually do is pull up stakes and use a new firm, but that's costly too for other reasons...

I bitch and moan, but it's the cost of doing business in NYC.




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Jstanley01
Posts: 8263
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Silver A True American Patriot!
San Antonio, Texas
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End_the_bubbles: Amen. The best way to deal with the system is to walk as wide around it as possible for as long as possible. Edit: Then die quick.

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You can't cheat an honest man. ~P.T. Barnum

Rickysa
Posts: 1643
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Green
Southern Pines, NC
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Quote:
and such a forced system will put a stop to the discriminatory practices of insurers, physicians, hospitals and others in the medical field who commonly bill private parties ten times what health "insurance" plans or Medicare pay for the very same procedure


Pardon the thick head on this end, but the suggestion put forth here, that fees should match Medicare?....I don't work with Medicare, but speaking for Medicaid...the reimbursement rates really suck. We used to accept Medicaid, but due to the loopholes one must jump through, the delayed (or never sent) payments, and the fact that it paid less than half the "Usual Customary Fees" in the community, put a stop to that.
Monkeybutt
Posts: 27
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Health Care: another crime on the lower classes
Viper
Posts: 1064
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Green
Madison, WI
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Sounds like an excellent plan to me.
Amgrace
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Gold
New Castle, PA 16101
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Great ticker. Health care made simple.

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Genesis
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Quote:
Pardon the thick head on this end, but the suggestion put forth here, that fees should match Medicare?....I don't work with Medicare, but speaking for Medicaid...the reimbursement rates really suck. We used to accept Medicaid, but due to the loopholes one must jump through, the delayed (or never sent) payments, and the fact that it paid less than half the "Usual Customary Fees" in the community, put a stop to that.

What's "usual and customary" when the fees are set through collusion?

See, there is no such thing. I charge a different amount to program a computer than someone else does. My skill is unique, and for a set of 10 doctors, so are theirs.

Set a price, if Medicare doesn't want to pay that much, then Medicare doesn't do business with you.

It is unlawful to cost-shift services as is done every day in EVERY OTHER LINE OF BUSINESS than this one. When done in collusion with others it will literally lead to JAIL TIME in other lines of work.

It is time to stop this **** because THIS is why health care is so ******n expensive for the common people!

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Icanhasbailout
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Imaginationland
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I have a particular problem with sharing the risks of people who deliberately engage in activities that pose extremely high risk (and in some cases, the absolute certainty) of massive care costs.

The problem with mandatory health expense pooling (whether it be through a government plan or through forced purchase of private plans) is that it enslaves the prudent to subsidize the most foolish and reckless behaviors imaginable.

Who here is prepared to put me in jail if I refuse to cover the drug and treatment costs of a Viagra-popping, bug-chasing homosexual?

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Mikeit83
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Green A True American Patriot!
East Coast
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Gen-

I completely agree with set prices that are posted. I had not thought about that before- but it makes sense.

However, I disagree with it being illegal to discriminate against certain characteristics that affect ones health. For instance, if your fat- you either lose weight- or pay more in health insurance. If you smoke- you either quit (and subject yourself to monthly test to verify that you have quit- OR you pay more. Thats how it works at my company. They charge extra money on your premiums if you smoke. And a heavy penalty if you lie about it.

I am selfish. I dont want to pay for coverage of people who are fat or smoke. They, statistically, require more health care because of their own behaviors. I refuse to pay for it.
Zzt
Posts: 3060
Incept: 2007-06-26
Green
Glendale az
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"If the health lobby won't cut out the nonsense and work for this sort of change to the system then I am forced to advocate for full nationalization of the entire health system, effectively placing everyone under Medicare."

I have recently conceded that something must be done about health care. That concession shocked me because I realized that it probably meant the involvement of the most inefficient POS alive : the United States Government. I think your Ticker is great but I think the chance of your reforms is close to zero.

I was kind of shocked when you made that statement 'cause it seems out of character. Without initiation of your reforms, I guess we both have to be resigned to the fact that Dr. Gov will be our new health care provider.
Genesis
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Where 'ya getting that you have to buy Dgordon?

Where 'ya getting that plans can't have exclusions? Quite to the contrary - that's SPECIFICALLY IN THE PROPOSAL - that they MUST be allowed to do so.

You're allowed to exclude SMOKERS but you can't discriminate in pricing. Individual pricing is horse**** - if you want to offer a "non-smoker" program that's fine. What you can't do is force people to submit to a medical examination and then "rate" them as a consequence - nope - the price is <X> with the following EXTERNALLY-OBSERVABLE requirements.

If the Health Industry will not do the right thing, then the only solution is a FORCED nationalization of the entire mess. We CANNOT continue to have a system in which open racketeering is practiced on the backs of Americans using their HEALTH as the lever to force compliance with the extortion.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?

Kylafoon
Posts: 2472
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Gold
Zombie Portal Lookout
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Excellent Ticker! I have never viewed medical billing in that light.
Call it brainwashing.
Your solutions would absolutely work!
But, like most of our crazy world today, your solutions make too much sense.
The ONLY positive I see for Gov't run healthcare is that it would instantly
eardicate 99% of ambulance chasing lawyers.
Tort reform the ugly way, if you will.
Uncle Sugar ain't gonna let a sleaze bag lawyer sue for medical malpractice.

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"...But whenever we see things done wildly, but taken tamely, then the State is growing insane..." - Gilbert Keith Chesterton 1910

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Themortgagedude
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saint louis
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My wife is insured thru Boeing. Our county has only one ambulance service and conveniently Boeings insurer and the ambulance service have failed to reach an agreement on price and thus they do not cover ambulance service in our county. Wifey had kidney stones when I was away and needed to transported to hospital for treatment.

When I got the bill for $517 for transporting her 5 miles I was*****ed. I called and talked to someone about what they would have charged Medicare. $170. I told them they could either accept $170 from me or they could kick dirt. They said they would hire a collection agency. I told em to make the call cause I would pay either $170 or nothing -their choice. Still haven't heard from the collection agency two years later.

**** this multi layer pricing system.

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I'm already visualizing you with duct tape over your mouth.

Otiswild
Posts: 5677
Incept: 2009-03-09
Green
Inside you, the force is!
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Quote:
If the health lobby won't cut out the nonsense and work for this sort of change to the system then I am forced to advocate for full nationalization of the entire health system, effectively placing everyone under Medicare.


IFF every American is subject to it, every CEO, every politician, EVERYONE.

And make private practice illegal.

Then go long international airlines, as Americans fly to Poland or Grenada for their queue-jumping treatments and operations.
Genesis
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Yep Otis, everyone. Canadian system - you're a citizen, you're covered. Period.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Kab
Posts: 1857
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Colorado
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Quote:
I am selfish. I dont want to pay for coverage of people who are fat or smoke. They, statistically, require more health care because of their own behaviors. I refuse to pay for it.


Making insurance actually be insurance deals with most of this issue in the first place.
Icanhasbailout
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Imaginationland
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It doesn't matter what I buy or don't buy - if I consume anything health care related at all, the costs of those who engage in risky behaviors is offloaded to me, for the very reasons elaborated on in this ticker!

There is no angle of participation for a prudent person that results in a fair deal - the costs get embedded right into the caregiver operation. The only ways around it are to have a doctor in your family who will give treatment for free, or to conduct the business off the books entirely.

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Throxxofvron
Posts: 10448
Incept: 2009-02-17
Green
Hyper-Speculative Psycho-Facsistic Parabolic Blow-Off
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Karl, very interesting Ticker.

I'm continually amazed at the Perpetual Motion Machine of Your Mind.

To really be able to SHOP competitors for Health Care Services; -what a unique and simplifying concept!

I'm gonna spread this idea around...





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DIONYSUS: " Thou hast no knowledge of the life thou art leading; thy very existence is now a mystery to thee. " -from 'The Bacchantes' By Euripides “During times of universal deceit, telling the truth becomes a revolutionary act.” -George Orwell
Genesis
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Exactly Kab.

If they're forced to sell INSURANCE then you can pay for your routine and customary stuff out of pocket (and it will be cheaper to do so, because there is no indirection - ergo, you'll pay less to just do it out of pocket), but you have coverage for catastrophes.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Psgirl
Posts: 6039
Incept: 2009-02-18
Green

Banned
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The good docs will love it because they will be able to charge more due to their excellent reputations. Everyone who cannot afford the good docs will go to the ****ty ones.

Let's do it!!!
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