EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
"The Health Care Crisis in the United States: The Issues and Proposed Solutions by the 2008 Presidential Candidates" ![Free Download]()
MARCOS POMPEU PARETO, Boston University
Email: mppareto@bu.edu
The United States has state of the art technology and world renowned
expertise in medical treatment, yet in terms of healthcare it shows a
dramatically poor performance in relation to the other industrialized
countries. This situation is surprising, since one would expect that a
free market system run almost entirely by the private sector should
show a much better performance.
This
issue has reached the point of being one of the most important national
concerns and the subject of serious political and economic arguments -
not only regarding how the system should be improved, but also whether
it should remain being run by the private sector under a free market
approach or whether it should be run by the government and made
accessible to the entire population. The first option is supported by
the arguments that public initiatives often perform poorly and that
free-market competition should prevail. Contrarily, the other side
claims that the system is only nominally a free market, that empirical
evidence shows it's not working as it should, and that other successful
healthcare systems are mostly government operated.
As is stands,
the health care issue acquired national importance and is presented as
a major component of both presidential candidates programs, yet each
favoring a different approach to improve accessibility and lower
healthcare costs. Republican Senator McCain relies on improving the
system by maintaining its current private enterprise, free market
characteristics, while Democratic Senator Barrack Obama favours
providing universal coverage and lower costs through a higher
government intervention in the system. This paper examines the
approaches proposed by both candidates and analyses the potential
impact their plans may have on the health care system. While the lack
of more detailed implementation details makes difficult accessing the
effective result of each policy, the comparative review of the
alternative approaches presented in this paper will help the reader to
to judge for him or herself which could be the more appropriate to
upgrade the system and attain a higher performance level.
"What Good is Wealth Without Health? The Effect of Health on the Marginal Utility of Consumption" ![Fee Download]()
NBER Working Paper No. W14089
AMY FINKELSTEIN, Massachusetts Institute of Technology (MIT) - Department of Economics, National Bureau of Economic Research (NBER)
Email: afink@mit.edu
ERZO F.P. LUTTMER, Harvard
University - John F. Kennedy School of Government, National Bureau of
Economic Research (NBER), Institute for the Study of Labor (IZA)
Email: erzo_luttmer@ksg.harvard.edu
MATT NOTOWIDIGDO, Massachusetts Institute of Technology (MIT) - Department of Economics
Email: noto@mit.edu
We estimate how the marginal utility of consumption varies with health.
To do so, we develop a simple model in which the impact of health on
the marginal utility of consumption can be estimated from data on
permanent income, health, and utility proxies. We estimate the model
using the Health and Retirement Study's panel data on the elderly and
near-elderly, and proxy for utility with measures of subjective
well-being. We find robust evidence that the marginal utility of
consumption declines as health deteriorates. Our central estimate is
that a one-standard-deviation increase in the number of chronic
diseases is associated with an 11 percent decline in the marginal
utility of consumption relative to this marginal utility when the
individual has no chronic diseases. The 95 percent confidence interval
allows us to reject declines in marginal utility of less than 2 percent
or more than 17 percent. Point estimates from a wide range of
alternative specifications tend to lie within this confidence interval.
We present some simple, illustrative calibration results that suggest
that state dependence of the magnitude we estimate can have a
substantial effect on important economic problems such as the optimal
level of health insurance benefits and the optimal level of life-cycle
savings.
"State and Federal Approaches to Health Reform: What Works for the Working Poor?" ![Fee Download]()
NBER Working Paper No. W14125
ELLEN MEARA, Harvard Medical School, National Bureau of Economic Research (NBER)
Email: meara@hcp.med.harvard.edu
MEREDITH B. ROSENTHAL, Harvard University - Harvard School of Public Health
Email: mrosenth@hsph.harvard.edu
ANNA SINAIKO, Harvard University
Email: sinaiko@fas.harvard.edu
KATHERINE BAICKER, Harvard University - Department of Health Policy & Management, National Bureau of Economic Research (NBER)
Email: KBAICKER@DARTMOUTH.EDU
We compare and contrast the labor market and distributional
impact of three common approaches to state and federal health insurance
expansion: public insurance expansions, refundable tax credits for low
income people, and employer and individual mandates. We draw on
existing estimates from the literature and individual-level data on the
non-institutionalized population aged 64 and younger from the 2005
Current Population Survey to estimate how each approach affects (1) the
number of people insured; (2) private and public health spending; (3)
employment and wages; and (4) the distribution of subsidies across
families based on income in relation to the federal poverty level and
work status of adult family members. Employer mandates expand coverage
to the largest number of previously insured relative to public
insurance expansions and individual tax credits, but with potentially
negative labor market consequences. Medicaid expansions could achieve
moderate reductions in the share of the uninsured with neutral labor
market consequences, and by definition, they expand coverage to the
poorest groups regardless of work status. Tax credits extend coverage
to relatively few uninsured, but with neutral effects on the labor
market. Both Medicaid expansions and tax credits offer moderate
redistribution to previously insured individuals who are poor or
near-poor. None of the three policies significantly expand insurance
coverage among poor working families. Our findings suggest that no
single approach helps the working poor in exactly the ways policy
makers might hope. To the extent that states are motivated to help the
uninsured in poor working families, health reforms must find ways to
include those unlikely to take up optional policies, and states must
address the challenge of the many uninsured likely to be excluded from
policies based on part-time work status, firm size, or immigration
status.
"Health Insurance Policy Design and Competing Objectives" ![Free Download]()
DAVID P. BERNSTEIN, affiliation not provided to SSRN
Email: spstat@yahoo.com
This paper evaluates the impact of three insurance policy
parameters; the deductible, the coinsurance rate, and the out-of-pocket
expense limit, on incentives for individuals to economize on health
care spending, health plan costs, and household financial risk.
High-deductible health plans are not highly effective at mitigating
moral hazard problems associated with insurance because most
individuals and most health care expenditure occurs from households
with expenditures exceeding the plan deductible. High-deductible health
plans are highly effective at reducing premiums because all individuals
pay the entire deductible prior to receiving any insurance payments.
Under some measures, high-deductible health plans impose less financial
risk on households than high out-of-pocket or high coinsurance rate
health plans. However, higher deductibles can impose substantial
burdens on low-income households and reduce preventive medicine. The
simulation results do not provide categorical guidance over the "best"
form of cost sharing for health insurance policies.
"Lessons
from the Evolution of 401(K) Retirement Plans for Increased Consumerism
in Health Care: An Application of Behavioral Research" ![Free Download]()
EBRI Issue Brief No. 320
JODI DICENZO, Behavioral Research Associates, LLC
Email: jdicenzo@behavioralresearchassociates.com
PAUL FRONSTIN, Employee Benefit Research Institute (EBRI)
Email: FRONSTIN@EBRI.ORG
This paper considers the lessons learned in the evolution of 401(k)
plan design, where the objectives are a high level of participation, a
high level of worker contribution, a diversified approach to investing,
sufficient asset accumulation to enable retirement, and not outliving
one's assets. The analysis looks specifically at lessons learned with
respect to offering workers choice, financial incentives, and more
information and education. This is compared with the early evolution in
consumer-driven health plans (CDHPs), where the evolution is still
being driven solely by the market and not by legislation or recent
empirical behavioral research (the RAND empirical health behavioral
research experiments of the late 1960s are still used as the touchstone
today). Finally, lessons are offered about how benefit-plan design can
help to optimize workers' decisions. A thoughtful analysis of this
topic provides sponsors of employment-based 401(k) plans and CDHPs an
opportunity to consider how these lessons may be applied to the design
of these plans now.
No judgments are made about the appropriateness of CDHPs or 401(k)
plans. Nor does the discussion address many of the important issues in
health care, including who should make the decisions related to
rationing health care - the Goliath issue that few are willing to
address. This paper attempts to offer innovative thoughts, based on
what is known about human behavior, for incremental improvement in
benefit programs designed to balance the needs of employers and their
workers, with an eye toward cost control and worker well-being.
"The Impact of Immigration on Health Insurance Coverage in the United States, 1994-2006" ![Free Download]()
EBRI Notes, Vol. 29, No. 8, August 2008
PAUL FRONSTIN, Employee Benefit Research Institute (EBRI)
Email: FRONSTIN@EBRI.ORG
This paper analyzes the issue of immigration and health
insurance coverage in the United States. It is important to examine the
health insurance status of immigrants, as growth in the immigrant
population can drive up the uninsured. Between 1994 and 2006,
immigrants accounted for an increasing portion of the nonelderly
population, rising from 8.8 percent to 12.8 percent. Over the entire
1994-2006 period, immigrants accounted for 55 percent of the increase
in the uninsured. More than 12 million immigrants in the United States
were uninsured in 2006, accounting for 26.6 percent of the 46.5 million
uninsured individuals in the country. Given that foreign-born entrants
to the United States have a high likelihood of being uninsured, it is
likely that the uninsured will also grow as a proportion of the
population as immigration continues to increase. Data from the Census
Bureau's Current Population Survey (CPS) are used to examine health
insurance and immigration. The paper first examines the status of
health insurance coverage among immigrants compared with nonimmigrants.
It then examines the impact of immigration over the period 1994-2006, a
much longer period than was covered in previous research. The legal
status of immigrants is not discussed, as relevant data are not
included in the CPS; illegal immigrants probably are included in the
analysis, but cannot be identified as such.
The PDF for the above title, published in the August 2008 issue of
EBRI Notes, also contains the fulltext of another August 2008 EBRI
Notes article abstracted on SSRN: "Saving for Health Care Expenses in
Retirement: The Use of Health Savings Accounts."
"Labor Markets and Health Benefits: The Offer and Restrictions on It" ![Fee Download]()
Contemporary Economic Policy, Vol. 26, Issue 1, pp. 73-88, January 2008
NAN L. MAXWELL, affiliation not provided to SSRN
This study argues that a multidimensional health benefit
offer (i.e., offers of medical, dental, sick leave, or vision benefits)
and the hours or tenure restrictions placed on it are affected by the
relative demand for workers in the local labor market. Using the Bay
Area Longitudinal Surveys (BALS), a database of low-skilled jobs, we
show that an excess labor demand for workers skills increases the firms
offer of health benefits and reduces the restrictions on them, while an
excess labor supply increases restrictions. These findings suggest that
research assessing the correlation between wages, skills, and whether
or not a firm offers health insurance might understate the plight of
the low-skilled worker since health care access may also be restricted
by a failure to receive an array of health benefits and by the
restrictions placed on the offer. Furthermore, public policies might
place the issues of uninsurance of low-wage workers within the context
of a lack of marketable skills since low-skilled workers might be able
to enhance their ability to secure jobs that offer an array of health
benefits if they acquire skills in short supply in the local labor
market.
"Saving for Health Care Expenses in Retirement: The Use of Health Savings Accounts" ![Free Download]()
EBRI Notes, Vol. 29, No. 8, August 2008
PAUL FRONSTIN, Employee Benefit Research Institute (EBRI)
Email: FRONSTIN@EBRI.ORG
This paper examines the savings needed to cover health
insurance premiums and out-of-pocket expenses for health care services
in retirement and evaluates the use of health savings accounts (HSAs)
to save for those expenses. Proponents of HSAs often tout them as a
vehicle for funding future retiree health care costs. But, while HSAs
represent an important option for consumers seeking more control over
their health care spending, statutory contribution limits make it
unlikely that these accounts will play more than a minor part in
savings for health care costs in retirement. This research shows that
while HSAs can be used to save for health care expenses in retirement,
the maximum savings that can be accumulated in an HSA will be far from
sufficient to fully cover the savings needed in retirement for
insurance premiums and out-of-pocket expenses. One of the difficulties
in using an HSA to save money for premiums and out-of-pocket expenses
during retirement is that individuals also can (and may need to) use
the money in the account to pay for health care services during their
working years or to pay COBRA premiums and insurance premiums during
periods of unemployment.
The PDF for the above title, published in the August 2008 issue of
EBRI Notes, also contains the fulltext of another August 2008 EBRI
Notes article abstracted on SSRN: "The Impact of Immigration on Health
Insurance Coverage in the United States, 1994-2006."
"Entitlements: Not Just a Health Care Problem" ![Free Download]()
ANDREW G. BIGGS, American Enterprise Institute
Email: andrew.biggs@aei.org
A new consensus on entitlement reform has developed in
Washington: rising per-capita health care spending is the only real
crisis besetting the government's entitlement programs, while America's
aging population and Social Security play minor roles at best. Some
cite this view to shift the policy emphasis from entitlement cost
control to the restructuring of the U.S. health sector, including
private health care. But this new consensus is flawed. Using standard
accounting practices and including all major government entitlement
programs, population aging will play an equal role with health care
cost growth over the next seventy-five years and a significantly larger
role than health spending over the next few decades. While rising
health care spending is indeed a pressing issue, discounting population
aging leaves out half the problem and ignores half the potential.
"Value-Based Mandated Health Benefits" ![Free Download]()
University of Colorado Law Review, Vol. 80, 2009
University of Missouri School of Law Legal Studies Research Paper No. 2008-23
AMY MONAHAN, University of Missouri School of Law
Email: monahana@missouri.edu
Mandated health benefit laws figure prominently in health
reform debates. These laws, which are primarily enacted by the states,
require health insurers to cover specific medical treatment, services,
or supplies such as mental health treatment, mammograms, or diabetes
testing supplies. Critics argue that mandated health benefit laws
increase health insurance costs, decrease consumer choice, and often
are the product of rent-seeking, rather than sound public policy. This
article seeks to further the discussion of mandated health benefit laws
by first systemically identifying permissible rationales for such laws.
The justifications identified include addressing (1) market failure
that leads to non-availability of coverage, (2) sub-optimal utilization
of a medical treatment or service, (3) undesired insurance company
coverage determinations, (4) cognitive shortcuts and biases, and (5)
failures in the group market. For any of these justifications to be
used, however, there must also be a viable justice claim for such
coverage or the coverage must have a positive cost-benefit or
cost-efficiency analysis compared to non-coverage. The article argues
that being precise about the justification for a mandated health
benefit law allows such a law to be precisely tailored to solving the
problem which justifies its existence. These tailored mandates,
referred to as value-based mandates, continue to advance the important
policy goals of mandates, while being significantly more efficient than
non-value-based mandates. The article concludes with three case studies
of existing mandated benefit laws, analyzing each under the value-based
framework set forth in the first part of the article.
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