...and we had such hopes. California Health
Care
Date: December 21, 2007
ISSUE: Health
Care Bill ABX1 1
ACTION: Contact
you state Senators over the break and in early January.
We have worked
diligently over this past year to help craft a health care bill
that would bring genuine improvements to this state's uninsured
and underinsured populations. ABX1 1, the bill that passed the
Assembly this past Monday, does not serve that goal.
IMPACT has
long believed that health care is a human right. It must be accessible,
affordable, and is an obligation of our entire society, one to
the other. It is not a commodity to be bought and sold like blue
jeans, held or withheld as a reward or punishment for being affluent
or not. Comprehensive health care defines our existence as a caring,
compassionate people. It is also not a political football to be
'won' simply for the sake of doing 'something'.
With these
principles in mind, we approach any health care plan in the hope
of improving the human condition and forging a society in which
we all care and share with one another.
The first
version of the Assembly bill was AB 8 (Nunez) that passed both
houses but was vetoed by the Governor. It had a myriad of problems
not least of which was the fact that it went into final print
on Saturday September 8 and was passed Monday September 10. In
other words, no one had a chance to read it, and there were many
loopholes that were of real concern. IMPACT took no position on
this bill until the final day when our OPPOSE position with the
Senate was simply to ask that they take more time and not rush
it through. However, it did pass the Senate only to be vetoed
by the Governor.
In the following
months, a Special Session (or Extraordinary Session, hence the
bill numbers with an X) was called into which Speaker Nunez introduced
another version of the bill, ABX1 1. The Governor, through Legislative
courtesy, introduced his version numbered ABX1 2. It never had
an author but was the Governor's 'bargaining chip'.
The Governor's
bill included no universal health care as IMPACT has always envisioned
but imposed individual mandates that everyone would have to purchase
health care insurance with no exceptions. If employers chose,
they could contribute to a new 'purchasing pool' where individual
insurance could then be bought by their employees. Supposedly
this pool would keep premiums lower than in the private market,
but the employee would have no real choice since if the employer
entered the pool, the employee had to do the same. In addition,
this bill had two provisions that were even more troubling: there
were no standards mandated for quality of coverage, and the governor's
initial approval of costs included a $5000 deductible and allowance
of charges by insurance companies of up to $10,000 for co-pays
and out of pocket costs such as ambulance, emergency room use,
etc. Later versions made no such specifications but left these
critical details to be worked out in the future.
For weeks
there was a stalemate between ABX1 1 and the language proposals
of ABX1 2. Suddenly on Monday December 17, the Assembly was called
back to the floor and ABX1 1 was amended and passed - again without
anyone having read it. It turned out to be a massive compromise
on the part of Speaker Nunez incorporating some of what we believe
were the worst aspects of ABX1 2.
ABX1 1 as
of December 21, 2007
First - ABX1
1 does NOT "provide" health insurance coverage to anyone
outside existing public programs. Instead, this bill has an individual
mandate that everyone MUST have insurance regardless of cost.
People who absolutely cannot afford it have to appeal on a case-by-case
basis for hardship exemptions, and then their only recourse is
to be uninsured. Since in Massachusetts where a similar mandate
already exists, at least 51.9% of the uninsured report that they
cannot afford the premiums and co-pays. This is a recipe for massive
disaster. California has a huge uninsured population compared
to that of Massachusetts.
ABX1 1 offers
some great language on expansion of health care coverage for low-income
people. It will cover all kids with private insurance at or under
300% of the Federal Poverty Level (FPL) regardless of immigration
status. However, this coverage is contingent upon two things:
federal SCHIP expansion that has already been vetoed by the President,
and payment from either the proposed $14 billion in health revenue
or from the state's General Fund since the feds won't cover undocumented
kids. Families with income under $43,000 will have the premiums
for their children subsidized for Healthy Families. However, there
is no subsidy for deductibles, co-pays, etc.
At the moment
the coverage from Healthy Families is good. It is not guaranteed
to continue that way, and subsidy from both state and federal
sources is very precarious. That is equally true for Medi-Cal.
In this bill it requires people on Medi-Cal with kids to pay a
monthly premium on those kids. It is low (at the lowest end it
is $5 per child with a low cap) but for people living on around
$800/month on CalWORKs, that is a real hardship. This "contribution"
was part of the Governor's plan.
People newly-enrolled
in public programs will no longer be served by private HMOs or
providers or hospitals. They will all go exclusively to public
hospitals. For those already on Medi-Cal, there is a high probability
they will also be moved to public hospitals so those with Kaiser
and other medical care will lose their physicians and known support
systems.
For general
"pool" or private insurance, for those not eligible
for public programs such as Healthy Families or Medi-Cal, families
earning $43,00-$68,680 (family of three) will have to pay full
cost for uncapped premiums, then deduct any part that exceeds
5.5% of their income as a tax CREDIT. That part is reasonably
good. However, they will get no tax credit for deductibles and
co-pays or out of pocket expenditures.
What is deeply
disturbing is that in ABX1 1 there are NO caps on premium costs
or deductibles/co-pays/out of pocket. This is important because
insurance companies will be given one of two mandates they must
follow: one is for 'guarantee issue' - they will have to take
everyone, including people with pre-existing conditions. They
will have to have 'community rating' meaning they must charge
relatively the same to all people enrolled in one of the five
tiers of health coverage the companies can offer. The second is
that they will have to spend 85% of their premium costs on health
care. It all sounds great - except with no rate control, they
can do the following:
-raise ALL
rates to cover the really ill;
-raise 'risk rates' (age, geography, family size) without specified
limit on what these cost. That can change what you pay dramatically
just for having a birthday, another child, or moving;
-have large
deductibles and co-pays and out of pocket costs.
The Governor's
preference, though it is not spelled out in ABX1 1, is for the
state pool policies, the MINIMUM coverage, to require $5000 in
deductibles every year with $10,000 allowed for co-pays and all
other out of pocket expenses (ambulance, etc.) Since these standards
will be set by a new committee that will have the majority members
from the Governor, it is deeply worrisome that this remains potentially
so harmful.
High deductibles,
co-pays, and out of pocket costs are annual 'rebates' to the insurers
for having to direct 85% of the premium into health care - even
though they still have marketing, information technology, and
other kinds of allowable items as 'care'. These costs to the individual
and family put money straight back into the insurance corporation
coffers. High deductibles, etc. also create 'technically uninsured'
classes of people who HAVE insurance but can't use it. If people
have chronic conditions, they can incur thousands in obligations
each year. Sure - it's better to be $15,000 in debt than $150,000
in debt - but year after year it would be a terrible burden on
most families.
Remember -
the median income for families in California is just over $55,000
(per the California Budget Project: www.cbp.org) Taking $5-15,000
from after-tax income would be a huge bite for a family with a
chronically ill member.
Employer-Employee
Coverage
Employers
will pay between 1% and 6.5% of payrolls for employees to buy
insurance. Employees would be required to take the insurance and
pay whatever supplemental premium costs, co-pays, and out of pocket
costs are NOT paid by the employer. There are no caps on costs
for employees as there are for employers. If you are excused due
to 'hardship; - you get the right NOT to be insured.
If the employer
pays into the state pool insurance fund, employees will be required
to buy insurance from the fund, with no clearly-specified standards
of care or cap on premiums. Some argue we will set those standards,
but when? Passing a bill without these specifications is dangerous.
It is our
analysis that employers may well not want to enter the pool (because
if they do, their executives have to as well) so they can do one
of three things:
-All executives will be on 'temporary duty' but 'hired' in another
state. That is somewhat tricky since everyone who lives here 6
months or longer are supposed to be covered, but if they have
health insurance from Arkansas (e.g. Wal-Mart) California is hardly
going to give them flak over that.
-Insurance
companies will have products with five tiers of coverage. If the
premiums for the good stuff - really comprehensive coverage -
are high, the execs will take that. But the rank and file, in
order to keep their payments on premiums down, will have to take
the low rungs, and those will be tailored to save on premiums
but be high in deductibles, etc.
-Really good
insurance could be offered exclusively. Employers will have met
their obligation - and their employees will be unable to afford
it so will get out on hardship and aghain be uninsured.
The bill includes
something we very much support - Community Makeover Grants. However,
these efforts to create healthy food alternatives, recreational
opportunities, etc., are ALREADY available outside both the state
general fund and this income stream. It would be an unnecessary
drain on scarce resources.
Funding
Another big
issue is funding. No analysis has been done to see if the costs
of this program would actually be covered by an increase in tobacco
tax, employer and hospital contributions, etc. The plan claims
to cost the state $14 billion with income derived from new taxes.
Initiatives will circulate to put these taxes on the November
ballot, but Senate leader Don Perata has wisely asked Liz Hill,
the Legislative Analyst, to determine if this bill is fiscally
viable and what impact it might have on future General Fund budgets.
We already have projected $14 billion shortfall for this coming
and future years.
Therefore
voters will be asked to create new taxes while at the same time
possibly being asked to pay for their own health care costs. This
won't 'double dip' on most people, but we don't know yet what
other tax issues might arise if the funding streams prove inadequate.
Overall -
this bill tries to do three totally incompatible things: preserve
profits for the insurance corporations, maintain adequate funding
for the hospital system, mandate coverage for all people. This
bill attempts this by putting the entire burden on the individual.
Vague language on 'affordability' and 'standards' is simply no
substitute for specificity. We cannot pass a measure that puts
off these decisions until after the bill in singed and put into
law. That is terribly dangerous.
Finally -
it is not clear if the tax initiatives fail whether California
residents will be saddled with the individual mandate to have
health insurance anyway.
Since this
is very similar to the Massachusetts plan, it may be useful to
you all to see an outstanding report done by the Greater Boston
Interfaith Organization this past summer. It is deeply troubling
that half of the Massachusetts uninsured have not enrolled in
their state's plan, even though they are so mandated, because
they absolutely cannot afford it. The PDF files for both the full
report and the one-page Executive Summary are both at: http://www.gbio.org/healthcare2.html
We have formally
opposed ABX1 1 as of Monday December 17 prior to the Assembly
vote. Unless there are massive changes for the good, we will oppose
it if and when it comes before the Senate. It is a very poorly
constructed bill. While there are times to bite the bullet over
things you don't totally like but that move us forward, there
are times when it is SO bad you can't swallow it. This is one
of the bad times.
We do subscribe
to the belief that you "don't let the perfect be the enemy
of the good". We supported SB 2 because it was simple and
straightforward, offered to extend health care to millions without
undue burdens on them or employers financially, and made a significant
step toward universality.
ABX1 1 does
not do that. It does not provide universal health care but creates
the burden of mandates with potential continued destruction of
people's finances through high out of pocket costs. Unless and
until these details are absolutely worked out in the bill - not
at some obscure future date by an unspecified group of people
- we have no choice but to oppose it and to do so strongly.
We urge you
to contact your state Senator and make your own moral position
clear. Health care is a human right, and any bill must be morally,
fiscally, and programmatically clear. We cannot repeat the mistakes
of energy deregulation and other hastily-pursued plans; do not
pass ABX1 1 unless and until we have absolute guarantees of what
it offers, what it costs, and whom it benefits. To pass this bill
as it stands is morally offensive.
To contact
your state Senator who will be in your district until January
7 2008, please look in the blue pages of your phone book. To contact
him or her at the Capitol, go to the new IMPACT "Take Action"
page: http://capwiz.com/cachurches/home/
This is our
new website, so you probably will have to re-enter your address
to get your representatives, but once you do, clicking on your
senator's name will take you to his or her page where you may
write an email.
Thank you
for your long-standing concern about health care. We will continue
to keep you informed of developments on this and other issues.
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