FORTUNE: June, 2010 -- The best
guide to how President Obama's historic health-care
legislation will reshape the nation's medical
marketplace and fiscal future is the pioneering
model in Massachusetts. The Bay State's reform
program started in late 2006, and it shares
virtually all the major features of the new federal
plan.
Both programs greatly expand
Medicaid coverage for low-earners, and provide
heavily subsidized policies for a broad swath of the
middle class. They tightly restrict the range of
premiums for customers of different ages and medical
conditions; they bar insurers from charging older
patients, or even coach potatoes who abuse their
health, anywhere near their actual cost. Both plans
impose a long list of expensive benefits insurers
must provide whether patients want to pay for them
or not, ranging in Massachusetts from in-vitro
fertilization to chiropractic services.
At the same time the plans offer
lavish subsidies that swell the demand for health
care, they do nothing to increase the supply of
medical services in a market suffering from
shortages of everything from family doctors to
nurses to hospital beds. Two years after enacting
health-care reform to rein in costs, Massachusetts
strengthened "certificate of need laws" that prevent
hospitals and other providers from competing with
high-cost, entrenched suppliers. The state now
requires that ambulatory surgical centers and
outpatient treatment facilities get permission from
regulators before they can enter the market. Their
rivals invariably lobby the regulators to block
competition, and usually win.
Thirty-six states, from Florida
to Georgia to Washington, have similar
price-inflating laws on the books. The Obama bill
does nothing to eliminate regulations that
effectively cartelize the market.
The combination of heavily
subsidized demand and tight, over-regulated supply
is a textbook formula for perpetuating the big,
chronic price increases that bedevil today's
health-care system.
Instead of attacking the real
causes of the explosion in costs -- the combination
of overly generous state aid and a dearth of
competition among hospitals and physician groups --
Massachusetts is vilifying prestigious, non-profit
insurers, and punishing them, believe it nor not,
with price controls. In April, Governor Deval
Patrick refused the request of carriers such as
Harvard Pilgrim, the top-rated plan in the country,
for premium increases of 8% to 32%. Instead, his
administration is refusing all rate hikes over 7.7%;
any rate requests the administration rejects are
automatically held at 2009 levels.
In explosive emails released last
week, Robert Dynan, chief of the financial analysis
unit at the Division of Insurance, told Commissioner
Joseph Murphy that the price caps would cause a
"potential train wreck" and threatened "catastrophic
consequences for the non-profit industry." Dynan
warned that the non-profits, unlike national giants
such as WellPoint (WLP, Fortune 500), operate on
such slim margins that the controls could drive them
into bankruptcy. Even now, four of the biggest
insurers are threatening to stop taking new patients
at rates so low they lose money on each new
enrollee.
The battle in Massachusetts may
foreshadow the results of the new federal law. It
threatens to mirror precisely the cycle we're
witnessing in the Bay State: Spiraling costs that
make coverage unaffordable for both patients and
businesses, followed by price controls that drive
private providers from the market. "This could
repeat itself on the national level, and become the
beginning of government-run healthcare," says Lora
Pellegrini, chief of the Massachusetts Association
of Health Plans.
That disaster scenario may sound
far-fetched. But an examination of the Massachusetts
plan yields five important lessons that show the
dangers ahead for the Obama healthcare blueprint.
Lesson 1: The Massachusetts plan
does not control costs.
When Massachusetts launched its
reform program in 2006, it already had the highest
medical costs in the nation. Today, the burden is
still rising far faster than wages or inflation,
from those already lofty levels. A report from that
state attorney general in March--remember, this is a
Democratic administration--asked rhetorically "Can
we expect the existing health care market in
Massachusetts to successfully contain health-care
costs?" The report concluded, "To date, the answer
is an unequivocal 'no.'"
Costs are rising relentlessly for
both families and for the state government. The
median monthly premium for family plans jumped 10%
from 2007 to 2009 to $14,300--again, that's a
substantial rise on top of an already enormous
number. For small businesses, the increase was 12%.
In 2006, the state spent around $1 billion on
Medicaid, subsidies for medium-to-lower earners, and
other health-care programs. Today, the figure is
$1.75 billion. The federal government absorbed half
of the increase.
Hence, reform's proponents boast
that expenses have risen only $354 million or around
6% a year. But the real increase is double that,
including the federal share. And it's highly
possible that the given the current budget
pressures, the U.S. will reduce the contribution
that has encouraged the state to spend so lavishly.
Lesson 2: Community rating,
guaranteed issue and mandated benefits swell costs.
How did costs in Massachusetts
get so big to begin with? A major reason is the
adoption of guaranteed issue and community rating in
the mid-1990s. The new federal bill would expand
those rules to the entire nation. Under guaranteed
issue, insurers must accept all enrollees regardless
of their medical condition; under community rating,
they must charge all customers similar premiums,
even if their costs are far different. The result is
that prices rise steeply for young, healthy
customers, who must pay far more than their actual
costs. It also give them a strong incentive to drop
insurance; then, they can "game the system" by
signing up anytime they need surgery or get
diabetes.
Hence, the pool of insured people
gets older and sicker as the healthy drop out.
That's what happened in Massachusetts, and it
contributed to soaring premiums. The 2006 reform
plan was supposed to solve the problem by requiring
that everyone buy coverage or pay a fine of around
$1,000. It worked, but only in part: Of the 600,000
uninsured in 2005, around 450,000 are now covered.
But a large share of 150,000 who still lack coverage
are young residents who choose to pay the fine
instead of high premiums. Insurers are also getting
socked by people who sign up for insurance to get
expensive care mandated under state law, including
hospitalization for childbirth or hip replacements,
and then depart once the procedure is completed.
In the federal bill, the fines
for going uninsured are even lower than in
Massachusetts -- and anyone who can't find an
inexpensive plan is exempted from all penalties.
Hence, the "adverse selection" problem could prove
far worse.
Lesson 3: Huge subsidies for
low-to-medium earners could prove extremely
expensive.
One of the most fascinating
features of the Massachusetts plan is that it
introduced a system of subsidized policies, sold
through an insurance "exchange," that's extremely
similar to the one in the new federal plan. Under
Commonwealth Care, the state subsidizes
plans¬¬--offered by private carriers--for residents
who earn up to $66,150 who are not covered by
employers. The aid is extremely generous. At
$44,000, families pay around $1,000 a year in
premiums. At the $66,150 maximum, they contribute
around $3,000.
The problem is that the actual
annual cost of these plans is around $10,000, so the
subsides are enormous -- that's 90% for families
earning $44,000. And while the costs keep going up,
the share paid by the enrollee barely budges. Says
Michael Tanner, an economist at the conservative
Cato Institute: "It's a situation where the entire
escalation in costs is paid by the government, not
the people receiving the care."
0:00 /4:25Downside of health care
reform
The federal plan also subsidizes
care provided through state-run exchanges. The
patients' contributions are bigger than in the Mass
plan: A family earning $66,000 would pay $6,300 a
year. But the federal plan offers subsidies far
higher along the income scale, aiding families of
four making up to $88,200. And surprisingly, the
federal plans would probably prove a lot more costly
than the ones in Massachusetts, where the state
prides itself on restraining what they pay by
squeezing providers, who then shift the added costs
to private customers.
The big problem arises if far
more people sign up for these exchange-offered plans
than anticipated. That's been the case in
Massachusetts. And as we'll see in a moment, it
could still get a lot worse there. A potential
disaster threatens the federal plan if employers
staring dropping coverage, since a flood of
newcomers would rush into the state-funded pools.
Lesson 4: The exchanges reward
people for working less and earning less.
Data is lacking on how damaging
these perverse incentives are in practice. But it's
clear in Massachusetts that low-to-medium earning
families often suffer financially if they get a
raise, work overtime, move to a higher paying job --
or if a spouse rejoins the workforce. For example, a
family earning $33,000 pays no premium at all under
Commonwealth Care. But if their pay goes to $46,000,
they're obligated to contribute about $2,400. That's
an effective tax rate of 18.5% on that $13,000
raise. A pay increase of $44,000 to $46,000 is
mostly erased by higher premiums alone.
The federal bill is plagued by
the same weakness. For example, a $55,000 earner
contributes $4,400 a year towards insurance. At
$65,000, the bill is $6300; so the family is paying
a "tax" of $1,900 or 19% on that $10,000 raise.
After payroll taxes, those Americans would face a
marginal rate of around 35%, a number that's
heretofore been the territory strictly for
high-earners.
Lesson 5: The generous plans and
added mandates give employers an incentive to drop
health insurance.
In charting the future of
healthcare costs, the biggest danger by far is that
companies will drop their coverage. It's also the
one that's the most difficult to handicap, both for
Massachusetts and the entire nation. The problem is
simple: If employers stop paying for health care,
employees will flood into the government-subsidized
programs, enormously raising the cost to already
fragile budgets.
Surprisingly, health reform in
Massachusetts has actually increased the number of
workers covered by employers. Over 100,000 more
employees are covered by corporate plans today than
when the program debuted in 2006. The main reason is
that the plan imposed a $1,000 fine on employees who
refused their employers' plans. Then, families were
paying around $3,600 a year towards their company
policies. Many decided that, when faced with a fine,
the better choice was paying the extra $2,600 for
full coverage. The plan was shrewdly calibrated by
the administration of then-governor Mitt Romney to
tilt the market towards company-provided care.
The Massachusetts plan also bans
any employee from getting coverage from Commonwealth
Care if his or her company offers coverage. Hence,
it would appear that corporate coverage is solidly
entrenched. But that's by no means certain, either
in Massachusetts or under the Obama plan. The reason
is the fast escalation in costs, for both companies
and employees. From 2007 to 2009, the employee
contribution for family policies rose a steep 17%,
or $624 a year, to $4,200.
Employees can only move into
Commonwealth Care if their employers drop their
plans. The danger is that the incentives are tilting
in that direction as the costs of coverage for
employer, and the price of premiums to employees,
keep climbing. The point is rapidly approaching
where both will pocket big savings if employers drop
their plans and workers buy their policies through
the heavily subsidized exchanges.
In Massachusetts, the state
government is pushing towards that tilt point by
adding heavy mandates to a list of more than 40
already on the books. In 2009, it required insurers
to cover prescription drugs. An expensive autism
mandate is now being debated in the state
legislature. The list of mandates under the federal
plan is bound to mirror the ones in Massachusetts,
and once again, the added expense severely weakens
companies' incentive for providing coverage.
Cracks are already starting to
appear. Part-time workers can get coverage under
Commonwealth Care for a fraction of what they'd pay
as full-timers. So they "game the system" by working
ten or fifteen hours a week for two or three
companies. Or they find that it pays to switch from
full to part-time work. PHI, an organization that
represents home healthcare workers, states that
one-fourth of the home care agencies in
Massachusetts are reducing workers' hours so they're
eligible for state-subsidized care.
The federal plan will encounter
the same problem -- perhaps a more acute one since
its penalties are lower and its subsidies go much
higher on the income scale.
Starting in 2017, the states will
have the option of allowing companies that drop
their plans to shift workers into the subsidized,
state-run exchanges. That choice doesn't exist now
in Massachusetts. It's not that employers are likely
to dump their plans en masse. What's far more
probable is a progressive erosion that relentlessly
and systematically raises government spending.
The incentives are there, both in
the federal plan, and its prototype in the Bay
State. And when the incentives are that big -- and
when subsidies inevitably get bigger, not smaller --
no amount of regulatory tinkering can stop America's
employers and employees from taking the government's
money, and saving their own.