Tuesday, November 13, 2012

Over-simplified Summary of the Implications of Health Care Reform

Perhaps the most notable outcome of the recent election is that in all likelihood the new health care legislation will stay intact.  This set of laws was set forth in the Patient Protection and Affordable Health Care Act and was reconciled by the Health Care Education and Reconciliation Act of 2010.  This legislation was upheld by the Supreme Court early this year as it was narrowly deemed “Constitutional” under the theory that the Federal Government has the right to tax citizens.   Here are the major changes as far as I can tell:

1.      Individuals not covered through government programs (Medicaid, Medicare) or by a private plan are now required to purchase health insurance or they are subject to a $695 annual fee.
2.      In 2014 companies of more than 50 employees are penalized for not offering health care coverage to their employees.  They will be obligated to pay $2,000 per employee exempting the first 30.
3.      After 6 months of being signed into law it bans lifetime coverage limits and the rescission of coverage to all existing health care plans. 
4.      It requires insurers to offer the same premiums to all applicants of the same age and location regardless of preexisting conditions etc.
5.      Health Insurances Exchanges for each state will commence operation on January 1st, 2014.
6.      Low income families will receive subsidies (on a sliding scale) if they purchase insurance via an exchange.
7.      Initiates additional Medicare and capital gains taxes on people or families that earn $250,000 or more per year.
8.       Doctors that treat Medicare patients will be reimbursed at the full rate.
9.      The Federal Government will pay 100% of the costs of expanding Medicaid until 2016, and then it is phased down to 90%.

According to a 2012 Reuters poll, 56% of people disapprove of the law.  While it was initially intended and determined to cut the federal deficit, it is highly debatable.  So far, 17 states have declared they will set up their own exchange and 10 have stated they will not.  The bottom line is that even before this became law, the US Government costs for health care were extremely high especially relative to the results, but It is extremely difficult to predict if this legislation is the right answer or even a step in the right direction.  Also, it remains to be seen whether employers will gradually do away with private coverage and leave the Federal and State governments as the only source of health insurance, and whether this would limit people’s healthcare choices like many other countries that have national health care plans. 

Personally, my biggest fear is the impact on the incentive for businesses to hire new people.  If we continue to tax businesses that foster employment (payroll tax, penalties for not providing insurance), where will they draw the line and consider alternatives to employing people in America.  This to some extent will undoubtedly promote out-sourcing of jobs as well as investment in new vehicles to substitute for the employment of US citizens (technology, automation etc).   Also, is now really the time to promote increased government spending and intervention?  Anyways, these are just my thoughts.  I, like many people, am concerned about the consequences of this legislation, but I am by no means an expert and by no means am I capable of predicting the outcome.

Bob Caperton, Jr., CCIM

With the assistance of Craig Johns, Business Consultant