I've been reading how the repeal of Obamacare will result in millions of Americans with pre-existing conditions being denied health insurance. Horse manure. Obamacare* is not the very first law passed in the United States to address this problem. Those other laws remain in effect when Obamacare is repealed and under those laws people with pre-existing conditions can get coverage and do not face higher rates. Opinion writers, news stories, and the studies they cite, notwithstanding.
For an example of what is being said - go to HuffingtonPost.com and search Obamacare and you'll see story after story about the possibility of a Federal Appeals Court overturning the law. The big concern expressed - the possibility of millions of Americans being denied health insurance because of pre-existing conditions. Here is one such quote:
For an example of what is being said - go to HuffingtonPost.com and search Obamacare and you'll see story after story about the possibility of a Federal Appeals Court overturning the law. The big concern expressed - the possibility of millions of Americans being denied health insurance because of pre-existing conditions. Here is one such quote:
"More than 50 million Americans have something in their medical histories that could disqualify them from health insurance absent the Affordable Care Act’s rules, according to the Henry J. Kaiser Family Foundation, a nonprofit research organization that focuses on national health issues...."
I reviewed both of the studies cited and in their haste to make their dire predictions both studies completely overlooked a law that was in existence well before Obamacare. That law is called HIPAA - the Health Insurance Portability and Accountability Act.
Most people know of it because of privacy notices you sign at the doctor's office or from crime dramas where medical providers refuse to give information to police and say they can't because of HIPAA.**
But re-read the title of the law - it says "Health Insurance Portability" not Health Insurance Privacy. The number one goal of the law was to address the issue of people being denied coverage due to pre-existing conditions. Under HIPAA:
Unlike Obamacare, this was bi-partisan legislation sponsored by Senators Ted Kennedy (D) and Nancy Kassebaum (R), getting support from both Democrats and Republicans in the House and the Senate. It was signed into law by President Bill Clinton in 1996.
If Obamacare is repealed, HIPAA remains.
That does not mean all problems are solved. If they were, the Democrats never would have bothered with Obamacare. Some examples of problems that still would need attention.
1. Health insurance costs and out of pocket costs were too high before Obamacare. But, of course, Obamacare didn't solve that problem either, by the way because it did nothing to address the cost of health care, which is what drives up the cost of insurance.
2. HIPAA did little to reform the individual health insurance market. It guaranteed individuals with medical conditions could get an individual product but it left to the States the decision on what products those individuals could buy. Obamacare did try to reform the market - but looking at the products available and the prices charged I'm not sure how well they succeeded. But I will concede it's better than it was.
3. Under HIPAA a healthy person could choose to go without health insurance. But if they suffered an unexpected catastrophic medical condition they were out of luck. That may be worthy of addressing - uncovered medical costs get shifted to the rest of us anyway but on the other hand that person made a conscious decision to be without coverage and should face some consequence for that decision.
* I refer to the Affordable Care Act (ACA) as Obamacare because President Obama declared in a 2012 Debate with Mitt Romney that he liked that name and was happy to have the legislation associated with him. If I felt the name was derogatory toward President Obama, I would not use it. However, President Obama embraces the name, so shall I.
** That's not true. Aiding police in performing law enforcement duties is a valid reason to release information without a patient consent or authorization and without requiring a warrant.
"This would result in a 50 percent increase in the national uninsured rate, boosting the number of people without coverage by 17.1 million, according to an analysis by the Urban Institute, a nonpartisan think tank."
I reviewed both of the studies cited and in their haste to make their dire predictions both studies completely overlooked a law that was in existence well before Obamacare. That law is called HIPAA - the Health Insurance Portability and Accountability Act.
Most people know of it because of privacy notices you sign at the doctor's office or from crime dramas where medical providers refuse to give information to police and say they can't because of HIPAA.**
But re-read the title of the law - it says "Health Insurance Portability" not Health Insurance Privacy. The number one goal of the law was to address the issue of people being denied coverage due to pre-existing conditions. Under HIPAA:
- If you maintain coverage without interruption of more than 90 days, you cannot be denied coverage due to pre-existing condition
- Health plans cannot base rates on medical conditions - they cannot charge you more because you are sick
Unlike Obamacare, this was bi-partisan legislation sponsored by Senators Ted Kennedy (D) and Nancy Kassebaum (R), getting support from both Democrats and Republicans in the House and the Senate. It was signed into law by President Bill Clinton in 1996.
If Obamacare is repealed, HIPAA remains.
That does not mean all problems are solved. If they were, the Democrats never would have bothered with Obamacare. Some examples of problems that still would need attention.
1. Health insurance costs and out of pocket costs were too high before Obamacare. But, of course, Obamacare didn't solve that problem either, by the way because it did nothing to address the cost of health care, which is what drives up the cost of insurance.
2. HIPAA did little to reform the individual health insurance market. It guaranteed individuals with medical conditions could get an individual product but it left to the States the decision on what products those individuals could buy. Obamacare did try to reform the market - but looking at the products available and the prices charged I'm not sure how well they succeeded. But I will concede it's better than it was.
3. Under HIPAA a healthy person could choose to go without health insurance. But if they suffered an unexpected catastrophic medical condition they were out of luck. That may be worthy of addressing - uncovered medical costs get shifted to the rest of us anyway but on the other hand that person made a conscious decision to be without coverage and should face some consequence for that decision.
* I refer to the Affordable Care Act (ACA) as Obamacare because President Obama declared in a 2012 Debate with Mitt Romney that he liked that name and was happy to have the legislation associated with him. If I felt the name was derogatory toward President Obama, I would not use it. However, President Obama embraces the name, so shall I.
** That's not true. Aiding police in performing law enforcement duties is a valid reason to release information without a patient consent or authorization and without requiring a warrant.
Comments