News Story

How Obamacare Is Vulnerable

Law may be amended in 2014

One of the arguments made by those advocating that Michigan adopt the Obamacare Medicaid expansion is that the law is a "done-deal," so this state's government and people should just knuckle under and pay up. This is not correct. In fact, the law is highly vulnerable on any number of fronts.

Here’s what "vulnerable" means, given that Obamacare can’t be repealed under the current administration: When it fully kicks-in on Jan. 1, the mayhem this law inflicts on families, employers and the nation’s health care system may be so obnoxious that Congress — including the Democratic-controlled Senate  — may be forced to open the "Affordable Care Act" for major amendments that reduce the damage.

Here are just some of the ways Obamacare is vulnerable, with evidence for each: 

Legal
Oklahoma sues over illegal federal exchange subsidies – Cato Institute
Small business lawsuit challenges illegal subsidies – Competitive Enterprise Institut
Birth control lawsuits – Health Care Lawsuits blog

Political
Poll Finds Support Slumping for Health Law – Wall Street Journal
Kaiser’s polling indicates that only 37 percent of Americans like Obamacare – Weekly Standard
Labor unions break ranks with White House on ObamaCare – The Hill
Democrats “Nervous,” “Concerned” About “Complex,” Confusing, “Train Wreck” ObamaCare - U.S. House Speaker John Boehner

Administrative Complexity
Is Obamacare Too Complicated to Succeed? – NYTimes.com
Navigating the ObamaCare Maze – John Goodman
Applying for ObamaCare—Still Not Simple  - Grace-Marie Turner
Obamacare architect Rockefeller: It's “beyond comprehension” – Paul Bedard, Washington Examiner

Extreme Technological Complexity
Spending on exchanges more than double initial projections – Bloomberg
Let's just make sure it's not a Third World experience…” – Obama Administration Official
States Overwhelmed by Obamacare Exchanges' Complex Rules, Bureaucracy - NewsMax

Perverseness
The Law of Unintended Consequences, Obamacare Edition - National Review
Some Unions Angry With Obamacare's Unintended Consequences – Huffington Post
The IRS's Role in Implementing Obamacare – Heritage Foundation
Small business on "hiring strike" due to law - CNBC

Insurance Price Sticker shock
Despite liberal spin, Obamacare will raise CA premiums -  Avik Roy in Forbes
ObamaCare’s raising insurance costs – Daniel Kessler in the Wall Street Journal
The rate-shock danger – The Economist
ObamaCare's Health-Insurance Sticker Shock – Wall Street Journal

Fiscal Unsustainability
CBO: Obamacare costs double to $1.8 trillion in first decade – Washington Examiner
Obamacare Budget Bombshell – Heritage Foundation
Trust not in Obamacare Medicaid Cost-Share Promises – Mackinac Center
Michigan Lawmakers Will Add $22 billion to National Debt with Expansion – Mackinac Center
States Can Save Taxpayers $609 Billion by Refusing Medicaid Expansion – Goldwater Institute/Wall Street Journal

This list was compiled before the Obama administration revealed on July 2 that it plans to delay enforcement of the law's "employer mandate." That may be the most compelling reason Obamacare is vulnerable, as explained here.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Commentary

Hospital Lobby Driving Medicaid Expansion

Jack McHugh's Senate testimony on Obamacare

(Editor’s note: The following is an edited version of Senior Legislative Analyst Jack McHugh’s testimony submitted to the Michigan Senate Government Operations Committee on Wednesday.)

People should understand the real reason we're here today. It's not "to help the poor," or because "Obamacare is the law," or because the reforms the House bill would supposedly require are so awesome.

We are here because a politically powerful special interest stands to collect billions of dollars if this Legislature approves the Medicaid expansion — and it is willing do almost anything to make that happen.

It's explained by the Medicaid expansion "1-2-3":

1. The medical services industry has become far more concentrated due to Obamacare, with a relative handful of big hospital corporations absorbing many formerly independent M.D. practices and clinics. Scott Gottlieb of the American Enterprise Institute reports that "by next year, about 50 percent of U.S. doctors will be working for a hospital or hospital-owned health system." This is making hospitals richer and far more powerful politically.

2. In plain English, what "expand Medicaid" really means is the Michigan Department of Community Health will deliver an additional $2 billion annually to this special interest starting next Jan. 1, mostly in the form of negotiated managed care contracts (think Medicaid HMOs). This increases to more than $3 billion by 2016.

3. These big hospital corporations (both for-profit and nonprofit) will make a lot of money on those contracts. That's why all year long they have been in the face of every state legislator, day after day. (Maybe when this is over some members will reveal the kinds of threats and promises they've been making.)

How powerful is this special interest? So powerful that it can cause Republican political careerists to perform politically unnatural acts like voting to implement Obamacare, thereby helping to prop up a law that is vulnerable on many fronts — legal, political, administrative, technological, it's absurd complexity, it's bizarre perverseness, and more.

What exactly does "vulnerable" mean, given that Obamacare can't be repealed under the current administration? When it fully kicks in on Jan. 1, the mayhem this law inflicts on families, employers and the nation's health care system may be so obnoxious that Congress — including the Democratic-controlled Senate — will be forced to open the law for major amendments that reduce the damage.

This is why those who oppose legislator collaborationism are not "bitter enders." A day may come when active resistance becomes counter-productive, but our core beliefs demand we be slow and grudging in accommodating that day's arrival. That applies to those of you who claim to share those beliefs.

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Given all the above, it's almost an afterthought, but will taxpayers (and Medicaid beneficiaries) get a good value from the managed care contracts this state will deliver if you approve the expansion?

One stark expression of the dysfunctions in the current health care system is the fact that there are no real prices for medical services. This was revealed in a recent Stephen Brill Time Magazine piece, and by the federal outpatient procedure price survey released a few weeks ago. The relevance here is that neither taxpayers nor the state officials who negotiate those contracts will ever really know whether we're getting a good value.

That assumes (as I do) that those officials are earnest and will do the best job they can. But in the end they have to take the word of the providers on the other side of the bargaining table — the same people whose lobbyists fill this room today. This illustrates one of the many ways that Obamacare doubles-down on the current system's dysfunctions rather than doing anything to fix them.

One thing we can know about these contracts is that even with good faith on all sides, such arrangements will never deliver the increased efficiency and "disruptive innovation" so desperately needed in our health care system.

One final point: Back in your districts, many of you have given speeches condemning Washington's spendthrift ways. Well, the money for the Medicaid expansion doesn't come from some earmarked pot to be divvied between the states. It goes right onto the federal credit card.

If you approve the expansion, you will be adding $22.5 billion to the national debt through 2022. So among other things, a vote on this issue will show whether you really meant what you said in those speeches.

Thank you for your attention.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.