E M P L O Y E E   B E N E F I T S ,   C O M P E N S A T I O N
                    &   P E N S I O N   L A W
               Vol. 5,  No. 18: September 24, 2004
_________________________________________________________________

Publisher:     LSN Employment, Labor, Compensation & Pension Journals
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Editor:        PAMELA PERUN
               Urban Institute
               Mailto:pamela@planetnow.com

Copyright:     SSEP, Inc. 2004. All rights reserved.

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                      Topic of This Issue:
                       Healthcare Issues
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T A B L E   of   C O N T E N T S
_________________________________________________________________


NEW and FORTHCOMING ARTICLES

"The Supreme Court Limits Lawsuits Against Managed Care
 Organizations"
      Health Affairs, Web Exclusive, August 2004
     TIMOTHY STOLTZFUS JOST
        Washington and Lee University
        School of Law


"Has There Been a Shift to Small Firms? The Impact of Firm Size
 on Employment-Based Health Benefits"
      EBRI Notes, Vol. 25, No. 8, August 2004
     PAUL FRONSTIN
        Employee Benefit Research Institute (EBRI)


"Employee Choice of Consumer Driven Health Insurance in a
 Multi-Plan, Multi-Product Setting"
      Health Services Research, Vol. 39, No. 4, Part II, pp.
      1091-1111, August 2004
     STEPHEN T. PARENTE
        University of Minnesota - Twin Cities
        Department of Health Care Management
        National Bureau of Economic Research (NBER)
     ROGER FELDMAN
        University of Minnesota - Twin Cities
        Department of Economics
     JON CHRISTIANSON
        University of Minnesota - Twin Cities


"Evaluation of the Effect of a Consumer Driven Health Plan on
 Medical Care Expenditures and Utilization"
      Health Services Research, Vol. 39, No. 4, Part II, pp.
      1189-1209, August 2004
     STEPHEN T. PARENTE
        University of Minnesota - Twin Cities
        Department of Health Care Management
        National Bureau of Economic Research (NBER)

WORKING PAPERS

"When Should Medicare Coverage Begin?"
     RICHARD W. JOHNSON
        Urban Institute - Income and Benefits Policy Center
        National Academy of Social Insurance (NASI)


"The Effect of Health Changes and Long-Term Health on the Work
 Activity of Older Canadians"
     DOREEN AU
        McMaster University
     THOMAS F. CROSSLEY
        McMaster University
        Department of Economics
        Institute for the Study of Labor (IZA)
     MARTIN SCHELLHORN
        Institute for the Study of Labor (IZA)


"How Much Might Universal Health Insurance Reduce Socioeconomic
 Disparities in Health? A Comparison of the US and Canada"
     SANDRA L. DECKER
        International Longevity Center
        National Bureau of Economic Research (NBER)
     DAHLIA REMLER
        City University of New York - Baruch College -
        School of Public Affairs
        National Bureau of Economic Research (NBER)


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EDITORIAL POLICIES
 To provide the broadest coverage of research in Employee
 Benefits, Compensation & Pension Law we do not referee working
 papers. We accept abstracts of working papers in Employee
 Benefits, Compensation & Pension Law whose topics suit the
 coverage of the journal and which are part of the worldwide
 scholarly discourse.


N E W   and   F O R T H C O M I N G   Articles
_________________________________________________________________

"The Supreme Court Limits Lawsuits Against Managed Care
 Organizations"
      Health Affairs, Web Exclusive, August 2004

      BY:  TIMOTHY STOLTZFUS JOST
              Washington and Lee University
              School of Law

Paper ID:  Washington & Lee Legal Studies Paper No. 04-14

 Contact:  TIMOTHY STOLTZFUS JOST
   Email:  Mailto:JOSTT@WLU.EDU
  Postal:  Washington and Lee University
           School of Law
           Lexington, VA 24450  UNITED STATES
   Phone:  540-458-8510
     Fax:  540-458-8488

ABSTRACT:
 In Aetna Health Inc. v. Davila, the United States Supreme Court
 revisited the question of whether the Employee Retirement Income
 Security Act (ERISA) precludes state lawsuits against ERISA
 plans. The Court held that ERISA preempts damage actions brought
 against managed care organizations under the Texas Health Care
 Liability Act because ERISA itself provides the exclusive remedy
 for challenging ERISA plans' coverage decisions. The Court
 suggested, however, that health plans might be liable for
 treatment decisions made by employed physicians. It also
 volleyed back to Congress the question of whether ERISA
 beneficiaries should have any remedy for damages caused by
 coverage decisions.

______________________________

"Has There Been a Shift to Small Firms? The Impact of Firm Size
 on Employment-Based Health Benefits"
      EBRI Notes, Vol. 25, No. 8, August 2004

      BY:  PAUL FRONSTIN
              Employee Benefit Research Institute (EBRI)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=578161

 Contact:  PAUL FRONSTIN
   Email:  Mailto:FRONSTIN@EBRI.ORG
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
   Phone:  202-775-6352
     Fax:  202-775-6312

ABSTRACT:
 This paper examines changes in the distribution of workers among
 different size firms and the resulting impact on
 employment-based health benefits. Small firms account for much
 of the new job growth in the United States. However, the
 percentage of workers in firms with fewer than 500 employees has
 declined slightly between the 1980s and today. In addition,
 workers in small firms are much less likely to have health
 benefits than workers in large firms. There has been a decline
 in the probability that a worker had employment-based health
 benefits between 1987 and 2002 across nearly all firm sizes.
 Only in firms with fewer than 25 employees did the percentage of
 workers with employment-based health benefits from their own
 employer not decline, increasing slightly from 30 percent to
 30.8 percent over the period.

 The PDF for the above title, published in the August 2004
 issue of EBRI Notes, also contains the fulltext of another
 August 2004 EBRI Notes article abstracted on SSRN: "IRA and
 Keogh Assets and Contributions."


JEL Classification: I11, J21, J33
______________________________

"Employee Choice of Consumer Driven Health Insurance in a
 Multi-Plan, Multi-Product Setting"
      Health Services Research, Vol. 39, No. 4, Part II, pp.
      1091-1111, August 2004

      BY:  STEPHEN T. PARENTE
              University of Minnesota - Twin Cities
              Department of Health Care Management
              National Bureau of Economic Research (NBER)
           ROGER FELDMAN
              University of Minnesota - Twin Cities
              Department of Economics
           JON CHRISTIANSON
              University of Minnesota - Twin Cities

 Contact:  STEPHEN T. PARENTE
   Email:  Mailto:sparente@csom.umn.edu
  Postal:  University of Minnesota - Twin Cities
           Department of Health Care Management
           Room 3-149
           321 19th Avenue South
           Minneapolis, MN 55455  UNITED STATES
 Co-Auth:  ROGER FELDMAN
   Email:  Mailto:feldm002@umn.edu
  Postal:  University of Minnesota - Twin Cities
           Department of Economics
           15-205 Phillips-Wangensteen
           271 19th Avenue South
           Minneapolis, MN 55455  UNITED STATES
 Co-Auth:  JON CHRISTIANSON
   Email:  Mailto:chris001@umn.edu
  Postal:  University of Minnesota - Twin Cities
           Healthcare Management, Inst For Hlth Services Rese
           19th Avenue South
           Minneapolis, MN 55455  UNITED STATES

ABSTRACT:
 Objective: To determine who chooses a Consumer Driven Health
 Plan (CDHP) in a multi-plan, multi-product setting, and,
 specifically, whether the CDHP attracts the sicker employees in
 a company's risk pool.

 Study Design: We estimated a health plan choice equation for
 employees of the University of Minnesota, who had a choice in
 2002 of a CDHP and three other health plans - a traditional HMO,
 a preferred provider organization (PPO), and a tiered network
 product based on care systems. Data from an employee survey were
 matched to information from the university's payroll system.

 Principal Findings: Chronic illness of the employee or family
 members had no effect on choice of the CDHP, but such employees
 tended to choose the PPO. The employee's age was not related to
 CDHP choice. Higher-income employees chose the CDHP, as well as
 those who preferred health plans with a national provider panel
 that includes their physician in the panel. Employees tended to
 choose plans with lower out-of-pocket premiums, and
 surprisingly, employees with a chronic health condition
 themselves or in their family were more price-sensitive.

 Conclusions: This study provides the first evidence on who
 chooses a CDHP in a multi-plan, multi-product setting. The CDHP
 was not chosen disproportionately by the young and healthy, but
 it did attract the wealthy and those who found the availability
 of providers more appealing. Low out-of-pocket premiums are
 important features of health plans and in this setting, low
 premiums appeal to those who are less healthy.


JEL Classification: I1, D12, D81
______________________________

"Evaluation of the Effect of a Consumer Driven Health Plan on
 Medical Care Expenditures and Utilization"
      Health Services Research, Vol. 39, No. 4, Part II, pp.
      1189-1209, August 2004

      BY:  STEPHEN T. PARENTE
              University of Minnesota - Twin Cities
              Department of Health Care Management
              National Bureau of Economic Research (NBER)

 Contact:  STEPHEN T. PARENTE
   Email:  Mailto:sparente@csom.umn.edu
  Postal:  University of Minnesota - Twin Cities
           Department of Health Care Management
           Room 3-149
           321 19th Avenue South
           Minneapolis, MN 55455  UNITED STATES

ABSTRACT:
 Objective: To compare medical care costs and utilization in a
 consumer directed health plan (CDHP) to other health insurance
 plans.

 Study Design: We examine claims and employee demographic data
 from one large employer that adopted a CDHP in 2001. A
 quasi-experimental pre/post design is used to assign employees
 to three cohorts: 1) enrolled in an HMO from 2000 to 2002, 2)
 enrolled in a PPO from 2000 to 2002, or 3) enrolled in a CDHP in
 2001 and 2002, after previously enrolling in either an HMO or
 PPO in 2000. Using this approach we estimate a
 difference-in-difference regression model for expenditure and
 utilization measures to identify the impact of CDHP.

 Principal Findings: By 2002, the CDHP cohort experienced lower
 total expenditures than the PPO cohort but higher expenditures
 than the HMO cohort. Physician visits and pharmaceutical use and
 costs were lower in the CDHP cohort compared to the other
 groups. Hospital costs and admission rates, for CDHP enrollees,
 as well as total physician expenditures, were significantly
 higher than for enrollees in the HMO and PPO plans.

 Conclusions: An early evaluation of CDHP expenditure and
 utilization reveals that the new health plan is a viable
 alternative to existing health plan designs. Enrollees in the
 CDHP have lower total expenditures than PPO enrollees, but
 higher utilization of resource-intensive hospital admissions
 after an initially favorable selection.


JEL Classification: I1, D12, C93
______________________________

W O R K I N G   P A P E R   Abstracts
_________________________________________________________________

"When Should Medicare Coverage Begin?"

      BY:  RICHARD W. JOHNSON
              Urban Institute - Income and Benefits Policy Center
              National Academy of Social Insurance (NASI)

    Date:  December 2003

 Contact:  RICHARD W. JOHNSON
   Email:  Mailto:RJOHNSON@UI.URBAN.ORG
  Postal:  Urban Institute - Income and Benefits Policy Center
           2100 M Street, NW
           Washington, DC 20037  UNITED STATES
   Phone:  202-261-5541
     Fax:  202-833-4388

ABSTRACT:
 Lowering the Medicare eligibility age to 62 would result in near
 universal health care coverage among 62 to 64 year olds. People
 who purchase individual insurance in the market, as well as the
 uninsured, could benefit from Medicare coverage. The change
 would reduce employer costs for retiree health benefits and
 lower both retiree and employer costs for COBRA continuation
 coverage. Lowering the automatic eligibility age to 62 would
 increase Medicare spending by about $5.4 billion a year (in 2000
 dollars). Net federal spending would be about $5.0 billion
 higher, because Medicare would pick up some costs currently paid
 by Medicaid. State Medicaid outlays would fall by about $0.3
 billion.

______________________________

"The Effect of Health Changes and Long-Term Health on the Work
 Activity of Older Canadians"

      BY:  DOREEN AU
              McMaster University
           THOMAS F. CROSSLEY
              McMaster University
              Department of Economics
              Institute for the Study of Labor (IZA)
           MARTIN SCHELLHORN
              Institute for the Study of Labor (IZA)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=586761

Paper ID:  IZA Discussion Paper No. 1281
    Date:  September 2004

 Contact:  THOMAS F. CROSSLEY
   Email:  Mailto:crossle@mcmaster.ca
  Postal:  McMaster University
           Department of Economics
           Hamilton,  Ontario L8S 4M4  CANADA
   Phone:  905-525-9140
     Fax:  905-521-8232
 Co-Auth:  DOREEN AU
   Email:  Mailto:doreenau123@yahoo.com
  Postal:  McMaster University
           1280 Main Street West
           Hamilton,  Ontario L8S 4M4   CANADA
 Co-Auth:  MARTIN SCHELLHORN
   Email:  Mailto:schellhorn@iza.org
  Postal:  Institute for the Study of Labor (IZA)
           P.O. Box 7240
           D-53072 Bonn,    GERMANY

ABSTRACT:
 Using longitudinal data from the Canadian National Population
 Health Survey (NPHS), we study the relationship between health
 and employment among older Canadians. We focus on two issues:
 (1) the possible endogeneity of self-reported health,
 particularly justification bias, and (2) the relative importance
 of health changes and long-term health in the decision to work.
 The NPHS contains the HUI3, an objective health index which has
 been gaining popularity in empirical work. We contrast estimates
 of the impact of health on employment using self-assessed
 health, the HUI3, and a purged health measure similar to that
 employed by Bound et al. (1999) and Disney et al. (2003). A
 direct test suggests that self-assessed health suffers from
 justification bias. However, the HUI3 provides estimates that
 are similar to the purged health measure. We also corroborate
 recent U.S. and U.K. findings that changes in health are
 important in the work decision.


JEL Classification: I12, J26
______________________________

"How Much Might Universal Health Insurance Reduce Socioeconomic
 Disparities in Health? A Comparison of the US and Canada"

      BY:  SANDRA L. DECKER
              International Longevity Center
              National Bureau of Economic Research (NBER)
           DAHLIA REMLER
              City University of New York - Baruch College -
              School of Public Affairs
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=583428

Paper ID:  NBER Working Paper No. W10715
    Date:  August 2004

 Contact:  SANDRA L. DECKER
   Email:  Mailto:sandrad@ilcusa.org
  Postal:  International Longevity Center
           60 East 86th Street
           New York, NY 10028  UNITED STATES
 Co-Auth:  DAHLIA REMLER
   Email:  Mailto:dahlia_remler@baruch.cuny.edu
  Postal:  City University of New York - Baruch College - School of
           Public Affairs
           New York, NY 10021  UNITED STATES

Paper Requests:
 Full-Text downloads are available from SSRN Online for $5.

ABSTRACT:
 A strong association between lower socioeconomic status (SES)
 and worse health - the SES-health gradient - has been documented
 in many countries, but little work has compared the size of the
 gradient across countries. We compare the size of the income
 gradient in self-reported health in the US and Canada. We find
 that being below median income raises the likelihood that a
 middle aged person is in poor or fair health by about 15
 percentage points in the US, compared to less than 8 percentage
 points in Canada. We also find that the 7 percentage point
 gradient difference between the two countries is reduced by
 about 4 percentage points after age 65, the age at which the
 virtually all US citizens receive basic health insurance through
 Medicare. Income disparities in the probability that an
 individual lacks a usual source of care are also significantly
 larger in the US than in Canada before the age of 65, but about
 the same after 65. Our results are therefore consistent with the
 availability of universal health insurance in the US, or at
 least some other difference that occurs around the age of 65 in
 one country but not the other, narrowing SES differences in
 health between the US and Canada.


JEL Classification: I1