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Confusion reigned as Washington lawmakers went home for Thanksgiving after passing
the biggest entitlement expansion in decades. Airport interviews with federal
lawmakers eager to get out of Dodge confirmed absolutely that the new Medicare
law either moves us along the road toward socialized medicine or dramatically
advances free-market reform. One or the other, the experts agree.
"It's the thin edge of the wedge that's moving us more and more toward government
control of health care," says Sally Pipes, president of the Pacific Research
Institute, a free-market think tank in San Francisco. But Greg Scandlen, the
director of the Galen Institute's Center for Consumer-Driven Health Care, who
usually agrees with Pipes on health-care issues, says the bill "opens the
door for more modernization" and "creates the necessary conditions
for reform."
Adding further confusion for grass-roots conservatives were frenetic declamations
by liberal Sen. Ted Kennedy (D-Mass.). "The legislation before us is a partisan
document that embodies this administration's right-wing ideology and its desire
to fuel the profits of the wealthy and powerful," Kennedy declared on the
Senate floor. "It cynically uses the elderly's need for prescription drugs
as a Trojan horse to reshape Medicare. This is a calculated program to unravel
Medicare, to privatize it."
The instinctive reaction of conservatives is that anything Kennedy is strongly
against is something they should be for. But it was hard to see why he should
be so strongly opposed to a program of new spending that is projected to cost
at least $400 billion within a single decade and possibly more. Conservative
groups, including the Heritage Foundation, warned that the new entitlement could
eat away at Bush's tax cuts while swamping future generations with a tidal wave
of unfunded liabilities.
Many observers saw the comments of Kennedy and other Democrats as a ploy to take
the tarnish off of Bush's political victory. Although polls showed seniors initially
skeptical of the new plan, Bush's approval rating in early December shot up to
61 percent in an Annenberg Election Survey, largely because of his Medicare victory
and surprise Thanksgiving visit to Iraq . It was widely believed on Capitol Hill
that Kennedy's remarks were to kick off a campaign against Republican "stinginess" and
play for still more spending to fill the program's alleged gaps in coverage.
Yet optimists hope that one silver lining may overwhelm the pull toward big government.
Even critics of the bill concede that the Bush administration and congressional
Republicans made Democrats pay a steep ideological price for the new entitlement
- inclusion of universal medical-savings accounts (MSAs), or as they now are
to be called, health-savings accounts, for those younger than 65. For years promoted
by conservatives as a way to control health-care costs while preserving individual
choice, including the MSAs provided a fig leaf for many wavering Republicans
to vote for the bill. One of those was Rep. Paul Ryan (R-Wis.), a supply-side
tax cutter on the House Ways and Means Committee who still is very concerned
about the new spending but tells Insight he voted for the bill largely because
he believes "MSAs will spark a consumer revolution." He adds, "We
would have never gotten MSAs so pure through an ordinary tax bill." In fact,
Ryan says that a major reason for Kennedy's hysterics was that national health-care "advocates
like Kennedy see MSAs as the antithesis of socialized medicine."
A common refrain among conservative supporters of the bill is that some type
of prescription-drug benefit was inevitable, and there was no other way to get
the 60 votes needed to overcome a Senate filibuster to pass MSAs as comprehensive
as these. The earlier MSAs that passed as part of a health-care bill in 1996
were loaded with restrictions and applied only to a limited number of self-employed
workers, largely at the insistence of Kennedy and the Clinton administration. "We
now have complete MSAs, which we never would have gotten under any other circumstances," says
Dan Perrin, executive director of the Archer MSA Coalition, an alliance of activist
and business groups that back the savings accounts. "Conservatives and others
say we could have gotten MSAs some other way. They are delusional. ... We would
have not gotten 60 votes in the Senate for another 10 years."
Perrin concludes, "I see this bill as socializing one small part of an already-socialized
Medicare system, which is the drugs, and trading it for reforms and preventing
the socialization of the entire free-market health-care system." He says
it was urgent to get the savings accounts passed because as employers continued
to drop coverage due to exploding costs, the pressure would build for some type
of national health-care system such as the single-payer model from Canada .
The accounts as passed would allow any individual, regardless of income, who
gets an insurance policy with a deductible of at least $1,000 to contribute or
let his or her employer contribute as much as $2,600 a year for a single person
and $5,150 for a family in pretax dollars. The buildup in interest or capital
gains would be untaxed, and the account holders could withdraw money for premiums,
costs under the deductible and other health-care expenses. Unlike the current
pretax "flexible-spending accounts" employers offer that expire at
the end of the year, the health-savings accounts can be rolled over from year
to year. This means someone could come into retirement with $20,000 in such an
account. They can even be left to survivors, says Perrin.
Senate Minority Leader Tom Daschle (D-S.D.) already has introduced a bill to "correct" the
one that just passed by, among other things, getting rid of the MSAs. In sync
with the Democrats, liberal media are portraying these accounts as tax cuts for
the young, healthy and rich. "Medicare Bill Includes New Tax Shelter," screams
a headline in the International Herald Tribune, owned by the New York Times. "Younger,
healthier and wealthier Americans had reason to thank Congress as the bill headed
to President Bush's desk just before Thanksgiving," the story intoned.
But John Goodman, president of the Dallas-based free-market National Center for
Policy Analysis who was one of the first promoters of the MSA concept, says the
biggest beneficiaries are working-class folks, who no longer will have to suffer
micromanagement of their health care by their insurance company. "When you
choose higher deductible plans you save money; it doesn't matter whether you're
poor or you're rich," Goodman tells Insight. "People can still join
HMOs [health maintenance organizations], but this gives people an opportunity
to control more of their own health-care dollars. Instead of giving all the money
to Blue Cross, you're now going to be able to control some of those health-care
dollars yourself." And as patients shop around, and directly negotiate with
doctors, costs should come down without the government having to ration care,
say Goodman and other proponents.
Goodman, from his base in Dallas , advised then-Gov. Bush about MSAs for his
2000 presidential campaign, says the president understands MSAs and has always
seen them as part of the solution for the health-care crisis. After a speech
at a church in Florence , S.C. , during the South Carolina GOP presidential primary,
this reporter watched and listened as candidate Bush gently explained MSAs to
a middle-aged, blue-collar worker concerned about health-care coverage.
Still, as much as Goodman loves the health-savings accounts that came out of
the legislation, he still was against the Medicare bill because of its costly
main provisions. He says there was no reason to create a new universal entitlement
when 75 percent of seniors already had prescription-drug coverage. His group
predicts that only $1 of every $16 spent on prescription drugs in the new entitlement
will go for drugs that seniors currently aren't getting; the rest simply will
replace their current types of coverage. "It's going to be taxpayer money
replacing money that somebody else is providing right now," he says. "It
includes state government through the Medigap program, it includes the employers
like General Motors, as well as the [private] insurance Medigap plans. We're
just replacing one set of dollars with another set of dollars and piling up a
new burden for taxpayers in the process."
Robert Moffit, director of the Heritage Foundation's Center for Health Policy
Studies, accuses Republicans of giving away the store for MSAs. "This is
a headlong retreat from [their] original standards of Medicare reform," he
says. "It is not serious reform and it will ultimately have a profound impact
on the future of tax cuts and the future of tax reform." Moffit favors reshaping
Medicare to be like the Federal Employees Health Benefits Plan, in which a set
voucher could be given to senior citizens to spend on their health care, be it
doctor visits or prescription drugs, and they could supplement that with their
own money. A bipartisan commission in the late 1990s headed by Sen. Bill Frist
(R-Tenn.), now the Senate majority leader, and Sen. John Breaux (D-La.), recommended
a system called "premium support" in which private plans would compete
with Medicare to provide coverage, and the private plans could cover prescription
drugs. Instead, the new legislation contains a much smaller pilot in 2010 that
covers just a few metropolitan areas.
But Scandlen and other reluctant conservative supporters say the MSAs, which
begin the first day of next year, could be the impetus for real Medicare reform. "I
think they're going to have a major role in changing health-care financing for
250 million Americans, and I think the consequences on Medicare, although indirect,
will also be important," he says. "As more and more people get money
in their accounts, and then all of a sudden become eligible for Medicare, I don't
think they're going to be very happy about just going into some bureaucratic
system. They're going to want to have more control over their own resources,
and I think that will end up changing Medicare itself."
And turning more and more workers into investors could have political benefits
for the GOP, says Perrin, who also is executive director of the Republican Leadership
Coalition. They will be more likely to embrace private accounts for Social Security
and realize that Democrat business-bashing is attacking their livelihoods, he
argues. "We are talking about guys who bring their lunch pail to work," he
says. "Just imagine them having a Wall Street Journal under the other arm
because they're checking the distribution in their MSA and determining which
fund is the better buy. That's what we're talking about in huge terms."
One thing conservative supporters and opponents agree on is the battle for Medicare
reform is far from over. In fact, it now has shifted into high gear. "We
will be fighting liberals in hand-to-hand combat over this issue for the next
10 years," Ryan says. "It's a race between new spending and effective
reforms."
Moffit says the "Democrats will campaign against stingy Republican gaps
in coverage." What Republicans and the Bush administration should do, he
says, is work to remove Medicare's increasingly burdensome regulations on the
doctors it pays. He cites a PricewaterhouseCoopers study which found that for
every hour a Medicare patient spent in a hospital the staff had to spend a half-hour
in paperwork. And many doctors are worried that simple billing errors could result
in jail time for Medicare fraud.
And then there are the Draconian Clinton restrictions on private contracting.
In preventing patients from going outside the system, "Medicare is far more
authoritarian than the British National Health Service," Moffit says. The
Clinton Department of Health and Human Services (HHS) under secretary Donna Shalala
sent doctors warning letters saying they would be penalized for double-billing
if they contracted with Medicare patients outside the Medicare system. The policy
was being challenged in court for lack of authority provided by law, but an effort
in 1997 to allow doctors to contract out of the program backfired when the Clinton
administration outmaneuvered Republicans and threatened to veto the entire budget
if there were not a two-year ban on receiving any payments from Medicare if doctors
treated even one elderly person outside the system. This was the first actual
legislative restriction preventing doctors from contracting out of the system,
Moffit says.
Many Democrats and the AARP have opposed private contracting "because they
want a unitary system where everyone is treated the same," Moffit says.
But when baby boomers become eligible for Medicare the MSAs will run headlong
into the private contracting systems and prevent them from using the money to
seek better care. "Unless doctors are liberated to provide private contracting,
the MSAs will not work," he says. Sue Blevins, a former nurse who is now
president of the free-market Institute for Health Freedom adds, "Without
that real private contracting, there is nothing private in this bill."
Although the 1997 restrictions on private contracting are not explicitly repealed,
Ryan says his reading of the language in the new bill would allow the department
to lift the restriction. And he notes that HHS Secretary Tommy Thompson has an
ideology quite different from that of Shalala.
Repeal of this restriction would be one action that could demonstrate Bush's
commitment to more health-care freedom for Americans and for seniors in general.
Bush has built up tremendous political capital and good will from this bill,
and he faces a decision of whether to use that capital simply to get more votes
or to fight for principled Medicare restructuring another day in the not too
distant future. Whether history will record this bill as a step toward more government
control or free-market health-care reform, say Capitol Hill insiders, likely
will depend on what Bush does next.
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