Testimony before
Committee on Small Business
United States House of Representatives
Delivered on March 18, 2009
Mr. Chairman and Members of the
Committee:
My name is Robert E. Moffit. I am the Director of the Center for
Health Policy Studies at the Heritage Foundation. I previously
served as a Principal Deputy Assistant Secretary of the United
States Department of Health and Human Services during the Reagan
Administration. The views that I express today are entirely my own,
and should not be construed as representing the views of the
Heritage Foundation, its officers or its Board of Trustees.
President Barack Obama has outlined an ambitious and
far-reaching health care agenda, including major changes in the
Medicare program. It should be noted that even before the President
held his White House health care summit, the Congress had already
enacted key elements of the President's health policy agenda. This
includes the expansion of the State Children's' Health Insurance
Program (SCHIP), estimated to cost approximately $65 billion over
ten years. It also includes health provisions in the recently
enacted "stimulus" legislation, including additional funding for
Medicaid, COBRA, investments in health information technology, and
the establishment of a research program for "comparative
effectiveness" into different medical treatments and procedures,
drugs and devices. Altogether the estimated 10 year cost of these
initiatives amounts to $136 billion.
The President's Agenda In the President's submission, he
is asking Congress to adopt a health care funding proposal to
create a reserve fund for comprehensive health care reform that
would amount to an estimated $634 billion over ten years. The
objective of this proposal is to create systemic changes in the
health care system that would lead to universal coverage and also
to enact specific health care policies that would result in an
annual reduction of $2500 in the typical American family's health
insurance premium costs.
The President is also inviting "good ideas" from across the
political spectrum to achieve substantive improvements in the
health care system. The President's decision, in this respect, is
wise. It is a refreshing departure from the contentious history of
previous attempts to forge federal health care policy.
Comprehensive health care reform should be a genuine bipartisan
undertaking. It should take into account the simple fact that while
there are common objectives that all or most Americans sincerely
share, there is also strong disagreement among Americans on the
best way to achieve reform. When proposals are presented clearly,
and the tradeoffs are also presented clearly and honestly, it is
not uncommon for support for specific health policy proposals to
decline, sometimes dramatically.
Congress should build on points of agreement on goals, and
attempt to narrow disagreement on the means. Clearly, there is
broad agreement on the need to radically reduce the number of
Americans who are uninsured. There is also a widespread recognition
of the need to take decisive steps that would result in greater
value for the dollars that are spent on health care, as well as to
eliminate gaps and inequities in health care coverage, financing
and delivery, including racial and ethnic disparities. There is no
widespread agreement on the role of government, or the specific way
in which government should influence or control the financing and
delivery of health care services.
I would only observe that the decision to start with the
financing of the health care reform without a clear understanding
of what it is exactly that would be financed beforehand is, at the
very least, an unusual approach. I would make two observations.
First, while the President may believe that there is enough of an
agreement to jump start the process by putting the money up front
and hammering out the details later, it is the common experience in
this area of public policy that it is the details that drive the
broad policy agenda; not the broad policy agenda that necessarily
drives the details. Secondly, with funds already committed to the
project, there is the danger that existing stakeholders, the
representatives of the powerful class of special interests that
dominate this sector of the economy( doctors, hospitals, health
plans, pharmaceutical and biomedical research interests) will view
this entire effort as merely a way to expand existing public and
private institutional arrangements, with the ample benefits of
additional taxpayers' dollars, rather than a process of securing
real, structural change in the health care system: the creation of
different ways of improving the financing and delivery of health
care for the 300 million Americans who would be the beneficiaries
of real reform.
Financing Reform. The President's proposed budget
outlines in broad terms what methods he will employ to secure the
projected $634 billion health program. It should be noted at the
outset that the actual cost of reform is likely to be higher,
perhaps exceeding $1 trillion over ten years. This would follow a
familiar pattern: the true costs of health care proposals are
invariably higher than the original government projections.
Broadly speaking, the President is proposing to fund health
reform by two methods. First, he is proposing tax increases on
higher income Americans that would amount to $318 billion over ten
years, He would also secure savings through various delivery
reforms, such as the broader use of Health IT and the comparative
effectiveness, and changes in the federal entitlements, especially
Medicare and Medicaid. Together, these would amount to $316 billion
over ten years.
Medicare Changes. The President is proposing major
changes to Medicare Advantage, Medicare Part D, and the traditional
Medicare fee for service program. Altogether, he is proposing dozen
Medicare-related changes. In the limited time available, I would
like to focus my remarks on a few key Medicare budget
proposals.
Medicare Advantage Plans are increasingly popular and now enroll
roughly one out of five senior citizens, and provide richer and
more varied packages of benefits than available under traditional
Medicare. Richer benefits mean that these plans cost more by an
estimated 12 to14 percent compared to traditional Medicare, which
is governed by a system of administrative payment. The President
estimates this change would account for $176.6 billion over ten
years.
The President proposes instead to have private health plans in
Medicare offer bids in geographic area of the country, and then pay
the plans on the basis of the average of these bids. This is
potentially an attractive change to the Medicare program. Much
would depend on how the legislation is crafted, the details of the
process and what the Administration means specifically by
"competitive bidding". It is a phrase that can have very different
meanings. If the process is a way for the government to pick
"winners and losers" among health plans, something akin to a DOD
procurement process, it would be incompatible with personal choice
and market competition among competing plans. It is well to recall
that the provision of that opportunity, particularly for seniors in
rural areas, was one of the major reasons why Congress created the
Medicare Advantage program in the first place. If it is a way of
establishing a more rational benchmark for Medicare payment, and
allowing persons to pick richer health plans and pay for the extra
benefits, if they wish to do so, or picking less expensive health
plans and keeping the savings of those choices, the President's
proposal could be a significant improvement over the current
system.
The President is also proposing to make wealthy seniors pay
higher premiums for prescription drugs. According to press reports,
seniors enrolled in Medicare Part D would pay higher premiums just
as seniors do today in Medicare Part B. The President projects that
this change would achieve a savings of $8.1 billion. Congress is
faced with a $36 trillion unfunded liability in the Medicare
program over the next 75 years, and within the next three years the
first wave of the 77 million baby boom generation will start to
retire. This means that the Medicare program will experience the
largest demand for medical services in its history. Simply cutting
provider reimbursements to control costs, as has been done in the
past, is unlikely to maintain the provision of high quality health
care to the nation's senior and disabled citizens. Income-relating
Medicare subsidies, as the President has proposed, is a sound
alternative.
The Administration wants to change hospital payment by providing
a flat fee to hospitals for the first 30 days of hospital care, and
lower payments for hospital readmission. This is projected to
achieve a ten year savings of $8.4 billion. The proposal is
designed to create incentives for hospitals to provide higher
quality care and reduce the need for additional hospitalization.
The objective makes a great deal of sense; once again, Congress
should study this to make sure that it does not engender any
unintended consequences in the provision of hospital care. In
health policy, unfortunately, unintended consequences are common
and costly.
The Administration also calls for re-evaluation of current
provider payment systems, promotes "pay for performance" in
accordance with government guidelines, and tougher enforcement and
oversight of Medicare payments to doctors and other medical
professionals to reduce waste, fraud and abuse. The Medicare "pay
for performance" proposals were also promoted by officials of the
Bush Administration to secure greater value for health care
dollars. But, once again, depending on how they are crafted, they
could very easily generate unintended consequences, such as
"gaming" by physicians who would have a new economic incentive to
focus on certain patients at the expense of others. Likewise,
waste, fraud and abuse has been a staple of Medicare cost cutting
for many years, but too often physicians have been audited and
investigated for coding errors as well as intentional efforts to
defraud the taxpayers. It might be more fruitful for Congress to
see what can be done to reduce the regulatory overhead that
physicians and other medical professionals must incur in the
treatment of Medicare patients.
It should be noted that Medicare savings have previously been
proposed as a way to finance broader health care coverage, but with
limited success. In 1993, for example, President Clinton proposed
shifting $124 billion out of Medicare, capping Medicare spending
over a six year period, to fund his comprehensive health care
reform program. Since Medicare currently pays only 81 percent of
the cost of private physician payment, for example, it is quite
likely that if the President's changes simply result in additional
reimbursement reductions, they would aggravate the current level of
cost shifting from federal entitlements to private sector health
insurance arrangements. Tens of billions of dollars of cost
shifting annually does not add one red cent to the value of patient
care.
In any case, modifications of Medicare's administrative payment
system do not amount to major Medicare reform. That can only be
accomplished by changing Medicare financing from defined benefit to
defined contribution, and creating a Medicare retirement program
that more directly resembles the Federal Employees Health Benefit
Program (FEHBP), which is often cited favorably by health policy
analysts of many different political persuasions in the media and
elsewhere.
Tax Policy. As noted, the President is proposing tax
increases on those making over $250,000 annually, and is projected
to finance approximately half of the projected health care
spending, an estimated $318 billion. The mechanism would be a
reduction in tax deductions for these citizens, including mortgage
interest and charitable deductions. Congress will have to decide if
the Administration's tax proposals are themselves in the best
interest of the country or the best way to secure reform of the
health care system under the current economic circumstances.
But renewed discussion of the current tax policy governing
health insurance could open up a new opportunity to forge a
bipartisan consensus in health policy. From the late President
Ronald Reagan and great economists such as the late Professor
Milton Friedman to Senator Ron Wyden (D-OR) and Jason Furman, one
of President Obama's senior economic advisers, there is an enormous
intellectual consensus on the need to reform the inequitable and
inefficient federal tax treatment of health insurance.
Today, the federal tax code provides unlimited tax breaks for
individuals who get health insurance through the place of work.
This tax exclusion for employer-sponsored insurance is a huge, but
hidden, tax subsidy. The Joint Committee on Taxation estimates that
value of the tax exclusion was $246.1 billion in 2007 alone, in
foregone income and payroll taxes. It is the largest federal tax
expenditure as well as the third largest health care expenditure,
following only Medicare and Medicaid, the nation's two largest
entitlement programs.
Health economists generally agree that existing tax policy is
poorly targeted and engenders perverse incentives. It is unfair
because only individuals with employer-sponsored insurance are able
to receive tax relief, while individuals without access to such
coverage typically pay for health insurance with after-tax dollars
and, in effect, face a sizeable tax penalty. It is inefficient and
inequitable because the largest tax benefits go to those who need
them least: upper income individuals and families. If the goal is
to extend coverage to the uninsured, the tax break is poorly
targeted because it provides little or no tax relief to those with
low incomes, who are most likely to have difficulty getting
affordable health insurance.
It also increases health care spending. Of course, the exclusion
does encourage individuals to have insurance. As Jason Furman, the
President's Deputy Director of The National Economic Council, has
noted, the current tax policy also encourages many individuals to
have even more insurance than they typically need because the
higher the cost of the insurance, and the higher the person's
income, the bigger the tax benefit for the individual.
Out-of-pocket expenditures, for the most part, do not enjoy a
similar tax preference. This incentive reduces the price
sensitivity of health care consumers and suppliers and leads to
higher prices and greater utilization, which in turn drives up cost
and makes health care more expensive for the uninsured.
The best option for reform would be to replace the existing tax
exclusion with a universal system of more equitable individual tax
relief, leveling the playing field for a robust competition among
insurers and creating a level of consumer choice that is routine in
every other sector of the American economy.
Short of that, Congress could limit or cap the exclusion, while
simultaneously using the new revenue to provide health care tax
credits for taxpaying households. Senate Finance Chairman Max
Baucus (D-MT) has suggested limiting the current tax exclusion. The
Baucus approach is ground for a possible compromise, forging a
system of direct assistance to the uninsured through a combination
of tax credits and vouchers.
If Congress were to cap the tax exclusion, revenue generated
from the value of premiums that either exceeds the cap or is no
longer excluded from taxable income could be used exclusively to
finance tax credits to individuals and families to offset their
federal taxes. The health care tax credits should apply to a
significant portion of a health plan's premium, and used to offset
some of a taxpayer's income tax liability. In no case should the
credit or voucher be used to cover an entire premium, even for very
low income persons; it is impossible to get cost control in health
care, where financing is notoriously opaque, unless consumers have
some skin in the game.
For low income persons who have no tax liability, Congress could
provide health care vouchers. For persons with only limited tax
liability, some combination of a tax credit and voucher could make
health insurance more affordable. The voucher component would be
somewhat like a traditional refundable tax credit, like the earned
income tax credit, although with a key difference. These health
care vouchers should be financed by offsets in the budget,
including reductions in existing health programs. Congress can find
plenty of options available to finance such direct assistance to
low-income persons, and make the trade-offs according to their
prudential determination of what should rank as a priority in the
public interest. A voucher approach for the education of low-income
schoolchildren is endorsed by Democrats and Republicans alike;
there is no reason why Congress could not pursue a similar option
in health care.
In any case, Congress should not leave in place the existing tax
exclusion for health insurance, the most regressive feature of the
federal tax code, which distorts health insurance markets,
undercuts consumer choice and competition, and fuels higher health
care costs.
These conclude my formal remarks. I would be very happy to
answer any questions that the Committee may have.