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MIRANDA "Turned Upside Down
By Attorney Mark
Stevens
Since the Supreme
Court’s decision in
Miranda v. Arizona in
1966, the Miranda
warnings have
become as American
as baseball.
Read
About Those Presidential
Promises
 By James C. Capretta
Over the past three years, President Barack
Obama made many promises to the
American people about his health care plan.
Among other things, he said it would reduce
the federal budget deficit in coming years,
promote better quality care and improve
access to physicians...
more
Gun Control Laws
By Thomas Sowell
Now that the Supreme
Court of the United States
has decided that the
Second Amendment to
the Constitution means
that individual Americans
have a right to bear arms,
what can we expect?
ABOUT THOSE PRESIDENTIAL PROMISES
                                               By James C. Capretta
Over the past three years President Barack Obama made many promises to the
American people about  his health care plan. Among other things, he said it
would reduce the federal budget deficit in coming years, promote better quality
care and improve access to physicians.

But two promises stood out in the sales pitch because they were aimed at
assuaging the deepest fears of a broad cross-section of the electorate: those
who already have good health insurance today.

First, during the presidential campaign, Obama promised on numerous
occasions that families with existing coverage would see their annual premiums
fall, on average, by $2,500 per household. Jason Furman, an adviser to
candidate Obama and now an economic aide in the White House, even said that
the Obama campaign team believed this level of premium savings could be fully
achieved, or nearly so, by the end of an Obama first term.

Second, throughout the campaign and many times since taking office, the
president has promised to let Americans stay with the health insurance plans
they are enrolled in today if they want to. In other words, the changes he favors
in health care arrangements would not force anyone out of something they find
entirely satisfactory.

These promises were not throwaway lines. They were often repeated because
they were instrumental in making the case for the legislation.

The truth is that the vast majority of working-age Americans and their families
find the coverage they have today to be more than acceptable. Yes, they see
problems in health care that need fixing, which is why they are inclined to favor
some kind of reform. But that doesn’t mean they don’t like their own plans,
because most often they do. And why shouldn’t they? In the main, job-based
insurance is fairly generous, with low cost-sharing and expansive coverage.
Moreover, it usually provides access to the best doctors and hospitals in town.
Firms often have little choice but to offer such coverage in order to attract the
kind of workers they need to compete.

Consequently, there was very little Obama could do to make health care better
for these people, and much he could do to make matters worse. Which is why he
promised them that his overhaul would essentially leave them alone — and cut
their costs. What’s not to like about that?

The problem, of course, is that the reality of the new law differs markedly from
what was promised — something that is becoming increasingly clear by the day.
A recent story in the New York Times reported that employee benefit
professionals expect the health law’s new insurance requirements will add 2 to 3
percent to job-based premium costs next year. One way or another, firms will
pass on these added costs to their workers, in higher premiums, higher cost-
sharing requirements or reduced cash wages. With the cost of family coverage
at about $14,000 per year, that means the new law will cost households $400 or
more in 2011. And that doesn’t yet account for the new taxes on the health
sector that will get passed on to consumers, or the large premium increases
expected to be imposed on younger and healthier people from the more
sweeping insurance changes coming in 2014.

The administration and its allies argue that the other provisions of the bill will
somehow bring about offsetting cost reductions too. But how? The two main cost-
cutting ideas were so violently opposed by congressional Democrats that they
don’t kick in for many years. The tax on “high-cost” plans was delayed until
2018, and the Independent Payment Advisory Board won’t be issuing binding
recommendations until 2015. In the meantime, the only plausible cost-cutting
ideas are the “delivery system changes” promoted through Medicare. The law’s
proponents are especially keen on the potential of Accountable Care
Organizations.

Under the new law, ACOs are a concept to be tested, starting in Medicare. The
hope is that they will induce physicians and hospitals to practice less expensive
managed care through payment incentives. But it’s far from certain that the
provider community will embrace them, given the inevitable red-tape that comes
with government-initiated “reforms.” Moreover, Medicare’s enrollees may rebel
when they find out that the test allows the assignment of Medicare patients to
ACO networks without their consent or even their knowledge. Banking on big
savings from something with so many question marks and implausible
assumptions is wishful thinking in the extreme. At best, it will be many years
before ACOs make a difference, and there’s a good chance they never will at all.

In a nod toward the other key presidential promise — that you can keep what
you have today — the new law includes a provision that allows “grandfathered”
plans to remain in place even as new sweeping insurance regulations impose
requirements, and costs, on other insurance products. But the Department of
Health and Human Services has wide discretion to define what constitutes a
qualified grandfathered plan under the law. And last month, HHS Secretary
Kathleen Sebelius used that discretion to essentially make it impossible for most
job-based plans to qualify for the designation. Small changes in benefits and
cost-sharing — the kinds of changes most employers are forced to make every
year to address changing circumstances — will disqualify those plans from the
grandfather designation. That means virtually all job-based health insurance will
be forced to comply with the federal government’s new regulatory requirements
in just two or three years — something the administration has all but admitted
was their intention all along.

The president and his team understood early on that they could not pass a
sweeping health care bill without promising those with good insurance that, at a
minimum, their coverage wouldn’t be harmed and their costs would not go up.
Despite the relentless sales pitch, there was always a lot of skepticism among
voters that such a government-heavy plan would leave them alone and be cost-
free. Now, of course, their skepticism is being validated. Yes, the bill has passed.
But a price will be paid for muscling it through to passage based on promises
that are being broken just a few months after enactment.
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