Liberal critics of the proposal Senate Finance Committee chairman Max Baucus (D-Mont) released this week see it as a dead end in the health care reform debate. But if President Obama actually signs legislation revamping the health care system, it's more likely that the Baucus plan eventually will be seen as the foundation.
The reason is that Baucus' draft bill offers the most fiscally sustainable framework yet devised for expanding coverage. It progresses much further than any other Congressional bill toward solving two fundamental and inter-related problems: creating a revenue stream that rises as fast as health care costs, and reshaping the incentives in the medical system in ways that should help "bend the curve" on those long-term cost increases. Without those two elements any coverage expansion will prove unaffordable, and thus unsustainable, over time. "Whatever its other pros and cons," said one senior Obama administration official integral to the health care debate, "the [Baucus] mark provides proof of concept that you can significantly expand coverage in a fiscally responsible way."
On many fronts, it's likely that the final bill will be tilted more
toward Democratic priorities and preferences because Baucus crafted his
plan partially to attract bipartisan backing and it now appears that if
any bill passes, it will do so without support from many, and perhaps any,
Republicans. Most glaringly, Baucus devotes too little money to help
uninsured middle-class families buy the health insurance they would be
required to obtain under the individual mandates included in all major
bills. He also asks too little of larger employers who don't provide
insurance for their workers.
But those inevitable adjustments should not obscure Baucus' achievement
in creating what could be a fiscally durable framework for expanding
coverage while simultaneously reforming the medical system. The bill
represents by far the most serious effort to implement the innovative
thinking from the community of health care reformers looking to move
the medical system away from today's fee-for-service model toward a
system that ties payments to providers to results for patients. It
contains about a dozen major ideas-most of them implemented as national
programs under Medicare, not merely as pilot projects-to nudge the
medical system toward adopting the integrated models used by
institutions such as the Cleveland and Mayo clinics and the Geisinger
Health System to deliver high quality care at lower cost.
"You are not going to replicate Geisinger everywhere, but you can
replicate their functions and that's what this bill is doing," says
Kenneth Thorpe, chairman of the health policy department at Emory
University's Rollins School of Public Health. "They are building many
of the same payment and incentive models that you see in these
integrated practices that have been very effective."
Mark McClellan, director of the Brookings Institution's Engelberg
Center for Health Care Reform, and the former Medicare and Medicaid
director under President Bush, was similarly impressed. While the
Baucus proposal didn't move as boldly as McClellan would prefer on some
fronts-like reforming medical liability laws-he said the plan
substantially tracked the recommendations of a widely-praised
bipartisan report that he recently released outlining strategies to
slow long-term spending growth. "It does bend the [cost] curve in the
long term," McClellan said. "They clearly are working hard to make
fiscally responsible decisions about health care reform."
The senior administration official agreed, giving the plan an overall
"a-minus" grade for structural long-term reform. "The big things are
all there," said the official. "Maybe the reason it's only an "a-minus"
is they are not always there full blown. But it is the legislative
process, and along these dimensions, it is about as good as one is
going to find in a real proposal."
The Baucus bill incorporates most of the
major ideas that reformers have offered to encourage long-term
cost-savings in the medical system. Two common themes link these ideas:
shifting the reimbursement model away from volume to value, and
encouraging physicians to work more closely in teams to manage the
overall health of patients, particularly those with expensive chronic
conditions. The bill would implement these ideas within Medicare,
though advocates hope that if these practices prove effective, private
insurers will adopt hem as well.
One set of proposals would reward Medicare providers who deliver care
more efficiently and penalize those who don't. Starting in 2013, the
bill imposes payment penalties on hospitals who readmit too many
patients for preventable reasons after treatment. It imposes more
modest penalties on hospitals whose patients acquire the most
infections within the hospital itself. Another proposal addresses the
concerns popularized by surgeon and New Yorker writer Atul Gawande on
the vast divergence between spending on medical services in different
communities: that provision would compare the amount all physicians
spend on patients with similar conditions, and starting in 2015 cut
Medicare reimbursements by five per cent for those who order up the
most care. Hospitals would receive similar treatment. Today's law
requires hospitals to record whether they meet a list of quality
measures, like providing aspirin to heart patients. The Baucus bill,
for the first time, would link their reimbursements to their actual
performance on those measures.
It's possible to quibble about whether these ideas are implemented fast
enough or provide persuasive enough incentives. But their direction
universally draws praise from reformers. "I love the signal because it
says we are not going to tolerate business as usual," says Len Nichols,
director of the health policy program at the centrist New America
Foundation. And each of the four ideas discussed above are implemented
in the Baucus bill as national programs, not just pilot programs. The
bill does use the pilot mechanism for another big reform: it authorizes
a voluntary national test on bundling payments that would provide
incentives for doctors, hospitals and nurses to coordinate care for a
patient admitted to hospitals. The bill would encourage such providers
to work together by allowing them to share in any savings they produce.
That pilot points toward a second thrust of the bill's reform agenda:
encouraging more coordination among providers. It provides similar
incentives (sharing in any savings) to nudge groups of providers to
establish doctor-led "accountable care organizations" to more
comprehensively manage patients' care under Medicare. More modestly, it
funds a $500 million three-year test of "transitional care programs"
designed to help hospital reduce readmission rates by providing more
coordinated follow-up for patients after they leave the hospital.
Beyond all of these specific ideas, the bill creates two new
institutions that could anchor the reform cause for years. Baucus would
spend $1 billion a year to create an Innovation Center within the
Health and Human Services Department that would fund a wide range of
further experiments in coordinated care and payment reform.
The bill creates a second new institution that could be even more
important: an independent Medicare Commission, as Obama has proposed.
The commission would be required to offer proposals for cost-savings
whenever Medicare spending rises too fast and Congress would be
required to give their proposals fast-track consideration. The
commission would likely become a vehicle to move into law the most
promising payment and coordinated care reforms that emerge from the
tests and pilot programs that the bill's other provisions set in
motion. "If it develops into a respected independent body it could be
one of the most significant parts of this legislation," said the senior
administration officials. "I think that's the most auspicious path
forward for promoting fundamental reform."
One final element in the bill could also put downward pressure on
long-term costs: the tax on the most-expensive insurance plans. That
proposal achieves, in somewhat diluted form, the goal many reformers
hoped to advance by capping the tax exclusion for health insurance
provided through employers: encouraging consumers to pick
less-expensive plans.
The insurance tax also contributes to another major breakthrough in the
Baucus bill. Earlier Congressional Budget Office analysis of the House
Democrats' health care legislation noted that while it was largely paid
for in the first decade, the longer-term trajectory was much more
precarious. In a July 26 letter to Republican Rep. Dave Camp of
Michigan, CBO concluded that in its second decade the House bill's
costs would rise substantially faster than its revenue and offsetting
savings, which meant the bill "would probably generate substantial
increases in federal budget deficits during the decade beyond the
current 10-year budget window."
But CBO reached precisely the opposite verdict about the Baucus bill.
In its September 16 analysis of the proposal, CBO concluded that
because Baucus' funding streams (like the provision taxing high-end
health plans) are tied more directly to medical costs themselves, over
the bill's second decade "the added revenues and cost savings are
projected to grow more rapidly than the cost of the coverage
expansion." So much faster that CBO concluded the Baucus bill over its
second decade would reduce the federal budget deficit by as much as one
half percentage point of GDP-a huge savings. "That's very important,
and it is a significant departure from the previous bills," says
McClellan.
In other words, CBO concluded that the Baucus bill could move close to
universal coverage (reaching 94 per cent of eligible Americans) with a
funding stream that not only met the cost of expanding coverage, but
also reduced the deficit. And even that conclusion doesn't include
meaningful savings from the payment and care coordination reforms the
bill embraces because CBO typically doesn't assume much impact from
such dynamic proposals. Yet experts like Thorpe believes those systemic
reforms would offer large savings over time.
It's true that responding to the most trenchant criticism of the Baucus
bill-the inadequacy of its subsidies for uninsured middle-class
families compelled to purchase it under the individual mandate-would
increase its cost and reduce its fiscal benefit. CBO estimates Baucus
would dedicate $463 billion over the next decade to subsidies for
uninsured families that would face the mandate; by comparison, the
House legislation would dedicate $773 billion toward that purpose over
ten years. The final Congressional product, if there is one, almost
certainly will spend more on subsidies than Baucus proposed, perhaps by
raising more from employers who don't insure their workers. (Baucus
asks those employers to chip in just $27 billion over the next decade,
compared to $163 billion in the House bill.) Another option might be to
revive Obama's proposal of limiting itemized tax breaks for the most
affluent: even freezing those deductions at a 35 per cent tax rate when
the top rate returns to 39 per cent could raise $100 billion over a
decade, the administration has calculated. With such potential
offsets-and the potential savings from the other systemic reforms that
Baucus has set in motion-it becomes possible to envision a compromise
that would provide more help than Baucus offers for uninsured
middle-class families without destabilizing the bill's hard-won
long-term fiscal balance.
Democrats paid a high price in lost political momentum for the three
months this summer Baucus spent negotiating with Republicans. Those
long discussions ultimately may not produce any Republican support. But
the release of the Baucus bill makes clear that even if no Republican
signs on, that time wasn't completely wasted. Despite all the vitriolic complaints
from the left -- Howard Dean is becoming living proof that health care
reform should offer a universal entitlement to Valium -- Baucus has
advanced the historic Democratic cause of providing health security to
all Americans by demonstrating that it can be compatible with fiscal
responsibility and long-term cost control. Baucus, to say the least,
hasn't solved the entire puzzle. Yet if his party is smart enough to
recognize it, Baucus' innovative ideas on financing and structural
reform could move Democrats substantially closer to a final plan that
will not only reach President Obama's desk this year-but achieve
lasting acceptance from the American public.







But what, for G.. sake, has prevented Baucus from presenting exactly the same plan two months ago?
Why did he gave up to Republicans who did all they could to delay and delay and acting as they were negotiating in good faith? Grasley just yesterday claimed a bipartisan bill could have happen if only the gang of 6 had a couple of weeks more. And this after many months of "negotiations". He does not even realize how ludicrous he is. Talk of lack of environmental awareness. How obtuse these Senators become. Worst than Dinosaurs.
Baucus participated in an anti-Democratic ploy and has lost all his credibility with Democrats for a long time.
yep.
It's beyond obvious that the Republicans have no intention of cooperating on health care reform. Even Sen. Snowe won't sign off on the Baucus bill. If she won't, no one will. Republicans are not negotiating in good faith, and it's time to end the charade.
The U.S. Constitution mandates majority rule. The Senate, through its byzantine rules, has effectively established minority rule. This can't continue. It's unconstitutional.
"The U.S. Constitution mandates majority rule. The Senate, through its byzantine rules, has effectively established minority rule. This can't continue. It's unconstitutional."
Don't be so naive, no where does the Constitution mandate majority rule. One of the key parts of the Constitution, and one of the characteristics that makes it such a fine document, is that it protects the MINORITY from the majority. Declaring the obstinacy of the Senate unconstitutional makes no sense: whether or not everyone in the majority party votes with legislation put forth by their party has nothing to do with the Constitution. In fact, if such a rule was somehow legislated, it would itself be struck down as unconstitutional. We do not have anything that resembles a Parliamentary system of democracy in this country.
As far as Senator Baucus's health plan is concerned, I think it's a step in the right direction, and the best we've seen so far (and I think the fact that both parties are upset somewhat validates this opinion). It's a shame that he's receiving so little support, especially considering the fact that it's more or less cost neutral, addresses both rising costs of care and the lack of real competition in the insurance market (choosing between two health plans from your employer is not free market), and emphasizes/encourages provider coordination. As attached as some people have become to the idea of a "public option," the reality is that it's not feasible on a cost or provider level. We need to stop being so emotional about health care and start to find realistic, rational, and logical ways to improve quality, lower costs, and ensure that all Americans have access to coverage.
"We do not have anything that resembles a Parliamentary system of democracy in this country."
Parlimentary systems are actually a republican form of government: i.e. constituents elect people to represent them.
"The U.S. Constitution mandates majority rule. The Senate, through its byzantine rules, has effectively established minority rule. This can't continue. It's unconstitutional."
The Senate and the House were set up for totally different purpose. They were set up as a compromise between states with large populations and sparsely populated states and also as a check against each other. The House of Representatives was elected by the people (at the founding that meant white mean who owned property), while the Senate was elected by state Legislatures until the 17th amendment (1923) changed it to the popular vote.
It should be surprising the rules are going to be a bit different in each. When a Senate term is 6 years versus the House's 2, the rules are probably going to bit a bit longer--you can only get so much done in 2 years, before it's time to run again. There is nothing so far unconstitutional about the Senate rules.
This is just an excellent, informative article. Kudos!
I guess you are focusing on the positive, but an even more glaring flaw than the insufficient subsidies is the way the employer fees are structured. It requires the employers to pay the cost of insuring, not an average employee, but the cost of the particular employees that they hire. This will create a perverse incentive where employers will end up trying to discriminate against the old, the poor, and families when hiring because these groups have statistically higher health expenses.
This definitely needs to be changed, it should be a fixed cost per employee so that employee health insurance underwriting isn't a consideration during hiring(and firing).
Also, the behavior of the Senate is perfectly constitutional. Nonetheless it is undemocratic. The simplest solution is to make the Senate get rid of the filibuster and other procedural delaying tactics(like anonymous holds on executive appointments).
More drastically, we could consider various constitutional amendments to make the Senate more representative. Tom Schaller just recently wrote an excellent article on this: http://www.fivethirtyeight.com/2009/09/getting-bigger-house.html
"Also, the behavior of the Senate is perfectly constitutional. Nonetheless it is undemocratic. The simplest solution is to make the Senate get rid of the filibuster and other procedural delaying tactics(like anonymous holds on executive appointments)."
The United States is a republic, so it's asinine to be talking about how undemocratic the Senate, or some other elected institution is. The filibuster is inherent in the Senate because of the rules allowing for unlimited debate.
There's a certain irony in all these comments about how undemocratic this or that is. The founders limited voting to white men who owned property: does that sound democratic to you? Unless your goal is an aristocracy, it isn't democratic. This country has never been democracy, and was never intended to be so. It was established as a republic from day one and remains so to this day.