Donald J. Devine

Government Health Falling Down
July 3, 2000


This article first appeared in The Washington Times

Donald J. DevineLiberal hypocrisy knows no bounds. Sen. Teddy Kennedy and pals threatened to add "patients rights" amendments, so people can sue their health maintenance organization, to every bill trying to get through Congress before adjournment--as an absolutely vital reform, and have now rebuffed the GOP half-loaf. Yet, Hillary-Care would have forced everyone into government-run HMOs--and, of course, you cannot sue the government! How do they get away with it?

They do because scaring people about their health works, and the journalism schools all teach the liberal myth that big daddy government will kiss the boo-boo and make it all right. In fact, it is the government that created the health insurance crisis (and HMOs) and makes it so difficult to fix. During World War II price controls, when salaries could not be increased, employers petitioned to exempt health benefits so that they could attract better employees. So the price cops ruled that health insurance would not count as income. One received, in effect, a 100 percent tax credit for health insurance--but only if their employer purchased it for them. This created two classes, those with a subsidy to purchase health insurance and those without--the self-employed, those in businesses that could not afford insurance, and the unemployed who often lacked coverage altogether.

Those without the subsidy demanded protection and were rewarded with Medicaid, Medicare and the rest. But "free" care proved expensive, so the government had to find ways to cut costs. The so-called "prospective payment system" is a euphemism for the rates that they pay to health providers under Federal programs. To save money just pay providers less and, since doctors are rich, average citizens do not much care.

Some might have queasy stomachs about the Medicare rule that investigates for "fraud" if people live too long under hospice, as a nasty way to save money; but the real problem is that the providers are not helpless. If the rate for visits is cut by half, they can require double the number. Well, that is inconvenient but, perhaps, bearable. They can call for unnecessary care--and that is more dangerous because all treatments have some negative consequences, sometimes lethal. Or they can quit or go out of business or just work hard enough to get by. Hospitals are closing every day. Even HMOs are not defenseless. Cigna Corp., one of the largest, just announced it is pulling out of major-market Medicare plans and the other major HMOs are expected to follow. A new bill supported by the American Medical Association would allow badgered physicians to form labor unions. What does a surgeon with a union work-to-the-rule attitude do for your confidence before a serious operation?

Few are more at risk than people who need nursing home care. Hospitals are depressing enough but, at least, are for short-term confinements. Nursing homes are for long stays, often by the very elderly and those who will never leave. One would think that a compassionate government would give them top priority, or close to it. But government does not respond to need but to the amount of pressure a special interest can generate. Old and dying people are generally not effective lobbyists. In 1997, Congress required the Health Care Financing Administration bureaucrats that determine such things to create a new PPS system for skilled nursing facilities (SNF) under Medicare. Those cut rates were to save $9.5 billion over five years. In fact, the bureaucrats will save $12.2 billion. Wonderful.

But there is a real cost to the government playing politics with health care, especially over time. With the graying of society, nursing homes naturally treat increasing numbers of patients (measured in the number of "patient days"). >From 1992 to 1996, SNF patient days approximately doubled, from about 25,000 to 50,000. Yet, after the new law, and against all projections, the number of days patients spent in these nursing facilities declined two percent. Behind the numbers were real people who did not receive treatment because nursing homes are not going to treat patients if they are losing money. Real people suffer from such government decisions.

The Feds have distorted the whole health care system for a half century. Their price control scheme is now disintegrating, just like the Wall: hospitals, hospices, nursing homes and doctors are all defying the control mechanisms. "Patients rights" only hasten the collapse. Give everyone a 100 percent health tax credit--refundable for the poor--to spend as they do for auto or fire or life insurance and get the government out of deciding who gets what health care at what price. Individuals and families certainly care more than government or employers about their own health. Socialism does not work for ill people any better than for Russians.


Donald Devine, former director Of the U.S. Office of Personnel Management, is a columnist and a Washington-based policy consultant and a Vice Chairman for the American Conservative Union.
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