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Senator Sheila Kuehl’s Floor Statement Health Care Reform and AB 8

[Editor’s note: Senator Kuehl is the Chair of the Senate Health Committee and the author of SB 840 to provide universal health care to all Californians through a single payor plan, commonly referred to as “MediCare for all.” She voted against AB 8 (Nunez-Perata), and yet had some complimentary comments about the authors and their aims and strengthening of the Democratic bill that passed yesterday. We publish her remarks in full because of their thoughtfulness.]

kuehl2.gif By State Senator Sheila Kuehl

Mr. President and Colleagues: As you know, I have been working to secure real healthcare reform in California for a number of years now. Along with my continuing authorship of SB 840, the single payer universal health care bill, I’ve also actively participated with other authors trying to craft incremental attempts to reform the health insurance market.

This year, as the chair of the Senate Health Committee, I’ve seen my mission as making certain that everything got appropriately vetted and discussed, while at the same time, continuing to build support for 840. Activists, supporters, organizations, and the panoply of more than 700 organizations, those that the press refers to as the “grassroots”, have done a magnificent job in building support for single payer.

This year, as I watched leadership and the administration try to craft a plan different from SB 840, an alternative health reform plan that might expand coverage this year, while preserving the role of insurance companies, the experience taught me why health reform has actually been so difficult to do over the past few years, and why every proposed solution just seems to bring out new and often even bigger problems.

The attempts fail because, until we squarely face the fact that premiums imposed by the insurance companies are rising 3-4 times faster than wages every year, all the reforms that keep those insurance companies firmly in place are doomed to failure. The same is true of AB 8, which we are considering today.

As currently drafted, it doesn’t pencil out in terms of money, it doesn’t pencil out in terms of who’s paying what, and, frankly, it definitely doesn’t pencil out for consumers.

Our failing health care system has often been compared to the Titanic, and I’ve said in the past that attempts at reform are nothing but attempts to rearrange the deck chairs. AB 8, for a change, is actually trying to turn the boat. But some of you may know that, in fact, had the Titanic faced the iceberg head on, it would have survived, at least long enough to save most of its passengers. Turning the ship only partially was actually its downfall. It’s clear to me that that is also the problem with AB 8.

Our health insurance company driven system has responded to runaway health care spending by dismantling the entire system. The only questions they ask are “How many people can we turn away; how many of our clients can we kick out, how many people can we underinsure?” Rather than working to contain spending in a patient centered manner, they’ve created huge profits for themselves by raising premiums, cutting benefits, and limiting access in countless ways.

So the governor was quite correct to say “Let’s have a year of health reform.” Unfortunately, however, it became more of a Year of Magical Thinking, with apologies to Joan Didion for stealing her title. All the Governor has really done is to say, “I am sure we can solve this in nine months. Let’s hurry up and do it”.

To the credit of the authors of AB 8, they have worked and worked to try to do a good bill within the context of keeping the insurance companies in place.

They have said we will cap what employers have to pay and we will cap what employees have to pay. What remains uncapped are the premiums that the companies can charge for all this reform.

We have been told there is no individual mandate in this bill, but that is incorrect. If an employer pays into the pool, as their choice of how to spend their 7.5% of payroll contribution, then their employees must buy insurance from the pool. Only if the healthcare costs of those same employees would exceed 5% of their gross income can these employees be let out of the requirement to buy it, and what happens then? They are simply either uninsured or they can “choose” to pay the inflated premiums that might be heaped on them. For those employees whose employer puts 7.5% of payroll into insurance for his or her own employees, those employees are then required to”take up” the employer’s insurance offer.

And again, if “accepting” the employer’s insurance plan will cost them more than 5% of their wages, they don’t have to take up the offer which means they’re not going to be insured either if they can’t afford the higher premiums.

The bill has come a long way, even since it went through the health committee, and I can understand why many of the unions are now in support of the bill because of the affordability provisions added to the bill.

But there are still also major problems with the coverage provisions. Your employer might offer you a plan that costs you a little bit less than 5 % of your gross income for the year, and you would have to buy it, but it might not cover what you need. It might be a minimal plan, a catastrophic plan. It might not have the drugs that you need for the condition you have - for cancer, for AIDS, etc. As we’ve seen in the last few months, it might not even cover pregnancy.

AB 8 also has an entirely separate insurance pool for an undefined group of people with “serious” conditions. We don’t know if that’s chronic conditions, we don’t know who will be in that pool. And frankly there’s no protection for them in terms of what they might have to pay.

So I see a number of real flaws in this much improved bill.
I continue to believe that the movement that’s been building for single payer, a movement that has seen support for a single payer universal healthcare system more than double over the last six months alone, will continue to build in ’08 in‘09 in 2010. Then, with a new governor, perhaps there might finally be a chance to get a signature on the bill that is actually the best solution for businesses, for employees, and for all the people in California. Because if you take the insurance companies out of the system, and they are the only entity that adds no value at all to the provision of healthcare, the overall costs for healthcare in California drop $19 billion in the first year alone, simply because we’re finally not paying their inflated overhead and profit.

So I am a no vote on this bill.

I praise those who have been working on this bill for trying. But I encourage those who believe this bill is deeply flawed to join me in voting no.

I know that my colleagues on the other side of the aisle have problems different from my own and will not vote for it. For those who will vote for it on my side, I understand you are voting your hopes. Many of you also have told me you know that 840 is the only real solution.

So I’m also asking you to stay with me on SB 840; it’s not going to the Governor for a veto. Next year we’ll continue to develop it, hold it up as the right standard for California, and work with everyone we can, until the day when we understand that facing the iceberg head on is the only way we are going to save everyone on the ship.

Posted on September 11, 2007

Comments

If I may add some context to Senator Kuehl's statement (which is very accurate). In general, over the last thirty years, the Republicans have been offering solutions which are idealogical and do not offer solutions that help most Californians (or Americans). The Republicans insistence on having for-profit insurance companies run health-care is a n example of this. What do these companies add?

Thanks to Bush administration policies, the average American will have a lower standard of living into the next decade than he/she had in 2000. The causes are obvious--the assult on unions, unfair trade policies, regressive tax increases combined with tax cuts for the rich, and increased health care costs. Senator Kuehl has offered a method of increasing the income the average American (not to mention the peace of mind that comes from having health insurance) with her proposal, and it will eventually become law, just as Medicare became law. More power to her.

Posted by: publius at September 11, 2007 11:43 AM

The better thing to do would be to get rid of most insurance and NOT have a single payer government scheme. Insurance should only be for MAJOR health issues. Just like car insurance doesn't pay for gas, oil changes and tires neither should insurance pay for most regular checkups, dental visits, medications etc.
If you introduce a single payer healthcare system you will significantly reduce innovation and could end up killing more people because fewer life saving medications are created. The U.S. is the world leader here, and it is because we allow companies to make money. Take away the profit motive and they have no incentive to go through FDA trials to get approval. Europe used to be a leader in pharmaceutical drugs, but now significantly trails the U.S. Being uninsured doesn't necessarily correlate with life expectancy. Hispanics have a higher life expectancy than whites even though their rates of being uninsured are over 3 times as high as whites. Some people do die because they are uninsured, but that is offset by the amount of people who are saved by new drugs and better care that isn't rationed as it is in Europe. Cancer survival rates are much lower in Europe than in the U.S. because they don't have access to the newest and best drugs.

Posted by: Mike at September 11, 2007 06:06 PM

To insunuate that by getting rid of insurance companies we will no longer do research and develop the newest and best drugs is plain ridiculous. First of all, insurance companies don't do the research, pharmaceutical companies do, barely. Most of the research is done by the National Institutes of Health (NIH), with some private participation. The NIH then turns around and provides "marketing rights" to the pharmacetucial companies that helped in the research. Medicare for all does not in any way affect the NIH budget. Another ridiculous statement...to compare people to cars.

Posted by: paul at September 12, 2007 07:22 AM

This is why we need SB840:
Health Care Premiums Rise 6.1 Percent
Tuesday September 11, 10:50 pm ET
By Emily Fredrix, AP Business Writer


Health Insurance Premiums Rise 6.1 Percent As More Families Choose to Go Without

The increasing cost of health insurance is putting coverage out of reach for many small to midsize companies and their workers, even though the rise in premiums this year was the lowest increase in eight years.



Since 2001, the cost of premiums has gone up 78 percent, far outpacing a 19 percent increase in wages and 17 percent jump in inflation, according to a survey released Tuesday by the Kaiser Family Foundation, a health care research group that annually tracks the cost of health insurance.

This year, the cost of premiums paid by workers and their employers was up 6.1 percent, while wages rose an average of 3.7 percent and inflation went up 2.6 percent, the survey said. Kaiser estimates that between 1 million and 2 million people join the ranks of the uninsured every year.

"There's no scientific tipping point that you can point to at which health insurance becomes unaffordable," said Drew Altman, the foundation's president and CEO. "But it does seem like we've crossed a threshold where health insurance is increasingly unaffordable for medium-sized employers, particularly smaller employers and average people this year."

Insurance costs probably will rise again next year, according to the survey. Many of the more than 3,000 companies surveyed said they planned to make significant changes to their health plans and benefits, and nearly half said they were very or somewhat likely to raise premiums.

This year, premiums averaged $12,106 for a family of four, with workers paying, on average, $3,281 of that. Premiums to cover a single person cost $4,479, with employees paying $694.

Families typically pay 28 percent of their premiums, while single people pay 16 percent, the survey said, and those proportions have been stable. But the amount workers have been paying has nearly doubled since 2001. This year, monthly contributions averaged $273 for families and $58 for single workers.

The companies surveyed reported that premiums for families increased 6.1 percent, on average. That's the lowest growth rate since 1999, when premiums rose 5.3 percent and cost an average of $2,196 for individuals and $5,791 for families. Health care premiums rose 7.7 percent last year, when individuals paid an average of $4,242 and families paid $11,480.

This year also marks the fourth year that the increase has slowed. But Altman said it doesn't mean much when it outpaces wages and inflation, and now companies and employees are dropping insurance. He said that's why the number of uninsured Americans continues to rise. The Census Bureau estimates 15.8 percent of Americans were uninsured last year, up from 15.3 percent the year before.

As costs rise for workers and companies, revenues for health care insurers continue to soar. But health insurance companies are still paying out roughly the same as they have for years, said Charles Boorady, an equity research analyst with Citigroup. So when insurers charge more for premiums, they're trying to cover what they pay out in claims, he said, and that means profits are fairly level.

"The price increase doesn't looked aimed at expanding margins, it looks aimed at preserving margins," Boorady said.

WellPoint, the nation's largest health insurer, reported profits were up 11 percent in the most recent quarter, to $835.2 million and revenue rose nearly 8 percent to $15.3 billion.

Bob McIntire, senior vice president of health care management for the Indianapolis-based company, said it's trying to keep costs down by helping consumers understand their own spending and even negotiating longer term contracts with hospitals to keep costs in line.

UnitedHealth spokesman Greg Thompson said premiums are rising because of the increasing cost for hospital stays, and people's desire for costly, new state-of-the-art treatments.

UnitedHealth, the nation's second-largest insurer, said earnings rose 22 percent to $1.2 billion, during the most recent quarter. The Minnetonka, Minn.-based company saw revenue increase 5.9 percent to $18.93 billion.

Some 158 million people have health insurance through their employers. Sixty percent of companies offer health insurance to their employees, about the same as last year but down from 69 percent in 2000, the survey said.

Nearly all companies with 50 or more employees offer coverage, with firms with more than 200 employees particularly stable over the years, Kaiser said. But only 45 percent of firms with three to nine employees offer health care, down from 57 percent in 2000.

Many companies don't plan to cancel plans even as costs rise, the Kaiser survey said. Only 3 percent of respondents said they planned to drop coverage next year. Five percent said they planned to limit eligibility, though the survey did not ask them how they would do that.

But more companies are looking at changing benefits, whether by adding lower-cost insurance options or shifting more costs to employees, according to the Kaiser survey and another that was recently released.

Preliminary results of the Mercer Health & Benefits survey of 1,557 employer plans shows more than half of the respondents planned to shift costs to employees through higher premiums, deductibles, copays or out-of-pocket maximums.

The companies said that if they made no changes to their plans from this year, their costs would go up on average 9 percent next year.

The New York-based human resources consulting firm said given those changes, next year's increase to premiums is expected to be 6.7 percent.

Kaiser Family Foundation: http://www.kff.org


Posted by: Sylvia at September 12, 2007 08:40 AM

To Paul.
Single payer healthcare means price controls. It can cost 800 million to bring a single drug to the market. It doesn't matter whether the government or universities do the research because ultimately a company is the one who ends up commercializing it. The FDA is a huge barrier. Europe does a TON of research, but gets very few products to market.

Statins were invented in Japan, but companies in the U.S. were the first to bring them to market. This has nothing to do with insurance companies, but universal healthcare always leads to price controls and reduced products coming to market. Statins alone have probably saved millions of lives in the world. So by stopping the ability to bring products to the market, you effectively lead to the deaths of more people unintentionally. Many democratic candidates openly state that they want to control the pharmaceutical companies profits, but this will lead to less innovation just like what has happened in canada and europe. Europe used to be a world leader in getting products to market, but now they significantly trail the U.S.

I notice you didn't say anything on my second comment that hispanics have higher uninsured rates but live longer because it is true. Hispanics in the U.S. have one of the longest lifespans in the WORLD, even better than most of Europe. Japanese-Americans live longer than people in Japan (Japan is #1 in the disability adjusted lifespan according to the WHO by the way). African Americans bring our overall life expectancy down, but this may be due to many factors that have nothing to do with healthcare.

You must not have understood my comparison. Competition leads to reduced prices. This is why most countries are capitalist Look at the supplement industry, you can go into any store and get a wide variety of supplements and vitamins for very cheap. This is because competition leads to reduction in prices. Car insurance and house insurance don't cover every minor thing. When you are totally covered by health insurance, there is no incentive for docotors to reduce their prices seeing as the insurance company pays them. That is one reason why it is so much more expensive for the uninsured. People don't have any incentive to take care of their own health, seeing that the government will take care of them. Imagine if we had a single payer government run car insurance. What would happen? People would drive more, and fill up their car with gas all the time. They would get a car wash every week instead of every month. They would get new tires every year instead of every four years.
This ultimately leads to rationing because there wouldn't be enough money to cover all of these expenses. This is what is happening in most countries with universal healthcare. The only way the government is able to reduce the cost of healthcare is by giving less care.


Posted by: Mike at September 12, 2007 09:52 AM

The only thing that I would add for either bill is that insurance companies need to be not-for-profit. This crises only arose in the mid-90's when they all changed to for-profit status. That and some regulation on pharmacy charges would go a long way to alleviate the crises.

Posted by: Eileen Tracy at September 12, 2007 10:10 AM

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