INTRODUCTION
After Senate Majority Leader George Mitchell in September
announced his decision to abandon health care reform legislation
for the 103rd Congress, attention shifted immediately to efforts at
the state level. Since then, few state reform efforts have received
as much attention as the referendum on the November ballot in
California. "Proposition 186, the California Health Security Act"
would expand insurance coverage to California residents by creating
a single-payer system much like the one currently in place in
Canada. A state-run health care system, with an elected Health
Commissioner exercising oversight and control over virtually the
entire system, would be financed by new payroll taxes on California
employers and workers and a new surtax on tobacco products.
If passed, Proposition 186 would become the law. It would lead
to full state government regulation and control of health care
delivery to all California residents. It would create additional
state bureaucracies, essentially eliminate the health insurance
sector in California, and significantly alter the way in which
health care is provided to Californians. Much like the Canadian
system of federal oversight and control of how health care services
are provided, Proposition 186 would lead to rationing, a black
market for health services, and higher labor costs that would
encourage businesses to move to more "business friendly" nearby
states such as Arizona, Colorado, and Oregon.
Many working lower- and middle-income families will experience
significant tax increases under Proposition 186. While the various
versions of the Clinton plan in Congress sought to disguise the
taxes businesses would pay, Proposition 186 makes a clear
statement: Every Californian and every employer in the state will
pay increased taxes. To help contain costs, the bill calls for
strict price controls, a prescription drug formulary list which
will deny millions of Californians medications available in other
states, a global budget or ceiling for health expenditures, and --
if necessary -- even rationing of medical services.
For many Californians the term "single-payer" has a certain
appeal, suggesting that the state government will eliminate the
need for much paperwork and be able to get the best value per
dollar from the health care industry. But this is very simplistic.
Californians should remember, for instance, that health care will
be run by the same state government charged with administering
other much-criticized services, such as education and the welfare
system.
The most significant provisions in Proposition 186 would: Create
a new position of "Health Commissioner," with general oversight of
the new state-run and state-administered program.
Establish a "one-size-fits-all" state-established and
state-approved standardized benefits package which would determine
the services all Californians receive.
Create new commissions, sub-agencies, and programs to assist the
Health Commissioner.
Impose new taxes on every resident and business in
California
While proponents of Proposition 186 paint a very simplistic and
superficial picture of a single-payer system in which the
"government will take care of everything," close scrutiny reveals
the complications and problems inherent in such a scheme.
Approximately 32 million residents, legal and undocumented, live
within California's borders. It has been reported that an estimated
6 million do not have any form of health insurance and are not
eligible to receive Medicare or Medicaid benefits. (Carol Brydolf,
"Proposition 186, Health Services, Taxes," California Journal, Vol.
25, No. 9 (September 1994), p. 8.) Assuming this figure to be
accurate, several questions arise.
Does dealing with the problems of the 6 million Californians
currently without coverage really require forcing the other 26
million -- who are insured and satisfied with their coverage --
into a state-run single-payer system?
Does every Californian want or need the prescribed
government-approved standard benefits package? A single-payer
system means choice of benefits is sharply reduced.
How much will California businesses have to pay in additional
taxes? Private businesses in California will be forced to pay an
additional $28.8 billion in new payroll taxes in 1998. Since most
payroll taxes "paid for" by employees show up on paychecks as
reduced cash earnings, a portion should be added to the extra
income taxes paid directly by workers. Heritage Foundation Senior
Fellow David Winston calculates this "pass through" means private
sector workers will lose $25.4 billion in reduced earnings in 1998
on top of the $9.7 billion collected in direct personal taxes. And
that assumes the new taxes are sufficient to pay for the new
benefits. Analysis by Winston shows that even if there is a
shortfall equal to the lower amount cited in recent estimates
($32.5 billion), Californians could have to pay on average an
additional $2,213 in state income taxes on top of the $813
envisioned in Proposition 186. This would triple the state tax rate
paid by the average Californian.
Given the current economic status of California, can residents
and businesses afford to finance such a system? With escalating
payroll costs, many businesses would lay off workers and slow
future job growth or leave the state.
What will happen to federal programs such as the Veterans
Administration, Indian Health, and Medicaid? Proponents want to use
the funds now going to these programs to fund the new system. But
it seems most unlikely that Congress will approve all the sweeping
changes even though, without this money, the system would be
severely underfunded.
Before Californians vote on Proposition 186, they must know the
answers to these questions. Millions of Californians are frustrated
with the current health insurance system, but they need to consider
very carefully the full implications of moving to a government-run
system.
THE UNIFORM STATE STANDARD BENEFITS PACKAGE
Much like the ill-fated Clinton plan, Proposition 186 includes a
major provision dictating the type of benefits all Californians
will have unless they are prepared to pay for additional or
different services out of their own pockets. Chapter 4 of
Proposition 186 details not only the benefits Californians would be
eligible to receive, but the scope of coverage as well.
("California Health Security Act, Proposition 186," Chapter 4,
Benefits, pp. 10-17.)
Proposition 186 empowers the California State Health
Commissioner to "Adopt annually a benefits package for consumers
which meets or exceeds the minimums required by law." ("California
Health Security Act, Proposition 186," Chapter 5, Governance and
Administration, p. 18.) The benefits every Californian must have
are as follows: Inpatient and outpatient health facility or clinic
services other than long-term care services as defined in Section
25025(a);
Inpatient and outpatient professional provider services,
including eye care and home health care;
Diagnostic imaging, laboratory services, and other diagnostic
and evaluative services;
Prenatal, perinatal, and maternity care;
Durable medical equipment and appliances, including prosthetics,
eyeglasses, and hearing aids, as determined by the
Commissioner;
Podiatry services;
Chiropractic services;
Kidney dialysis;
Emergency transportation and necessary transportation for health
care services for the disabled, as determined by the
Commissioner;
Rehabilitative care;
Language interpretation for health care services, including sign
language, for those unable to speak, hear, or understand English
and for the hearing impaired;
Blood;
Outreach, education, and screening services, including but not
limited to:
(a) Children's preventive care, well-child care, immunizations,
screening, outreach, and education;
(b) Adult preventive care, including mammograms, Pap smears and
other screening, outreach, and educational services.
Prescription drugs subject to approval by the Health
Commissioner and placed on the formulary list;
Long-term care services for the physical health, mental health,
social, and personal needs of individuals with limited self-care
capabilities, including:
(1) Institutional and residential care, including Alzheimer's
Disease units;
(2) Home health care;
(3) Hospice care;
(4) Home and community-based services, including personal
assistance and attendant care;
(5) Appropriate access to specialty consultation within
long-term care settings;
(6) Reassessment of an individual's need for long-term services,
conducted at appropriate intervals, but not less than once a year.
Mental health care benefits when determined to be medically
appropriate by the Health Commissioner:
(1)Crisis intervention, including assessment, diagnosis, brief
emergency treatment, and referral;
(2)Outpatient services, including but not limited to adult day
care, detoxification services, home health care, psycho-social
rehabilitation, and professionally sponsored and professionally
supervised self-help and peer-support programs approved by the
Commissioner;
(3)Intermediate-level care, including but not limited to
intensive day and evening programs and institutional and
residential services.
(4)Inpatient health facility services as approved by the
Commissioner based on the recommendations of the Advisory
Board;
(5)Professional provider services at outpatient, intermediate,
and inpatient levels of care, including but not limited to
individual, family, and group psychotherapy, medical management,
psychological testing and mental health case management, and
coordination of care;
(6)Diagnostic imaging, laboratory services, and other diagnostic
and evaluative services;
(7)Prescription drugs.
Even such a comprehensive package, of course, does not take into
account the different needs and desires of individuals and
families. Furthermore, all Californians need to understand that if
they suffer from a particular ailment that is not covered in the
standard benefits package, or for which coverage is available only
after joining a waiting list, they will be denied the necessary
medical treatment -- or denied it until they have waited in line --
unless they can come up with the necessary funds to pay for it
themselves. To be sure, the proposition provides that "The
Commissioner may expand benefits beyond the minimum benefits
described in this Chapter when expansion meets the intent of this
Division and there are sufficient funds to cover the expansion."
("California Health Security Act, Proposition 186," Chapter 4,
Benefits, p. 16.) But, as will be explained later, there is little
likelihood that sufficient funds will be available to cover
additional benefits for 32 million people. As the debate over a
standardized plan in Congress made clear, moreover, Californians
can expect special-interest health care provider lobbying of the
Health Commissioner and the advisory boards and councils. The aim
will be to include particular benefits or services in the fine
print of the standard benefits package. If the lobby is influential
enough, the benefit will be added by the Commissioner. However, the
more benefits that are added to the original package, the higher
the price tag. This means higher taxes on Californians and
businesses -- or cutbacks to reduce the costs of other
services.
NEW BUREAUCRATS AND BUREAUCRACIES
Under Proposition 186, the Office of the California State Health
Commissioner is to be created as an agency of the State of
California. The first Health Commissioner is to be appointed by the
Governor and confirmed by the California legislature. Thereafter,
the Commissioner will stand for election at the same time and in
the same manner as the Governor. Also created within the Office of
the State Health Commissioner is a Deputy Health Commissioner,
appointed by the State Health Commissioner, whose duties include
assuming the responsibilities of the State Health Commissioner
should he or she become unable to perform the duties of office.
The powers and responsibilities of the State Health Commissioner
are very broad: "The Commissioner's powers include any and all
powers necessary and proper to implement this Act, and to promote
its underlying aims and purposes. These broad powers include, but
are not limited to, the power to set rates and promulgate generally
binding regulations on any and all matters relating to the
implementation of this Act and its purposes." ("California Health
Security Act, Proposition 186," Chapter 6, Governance and
Administration, Article 2, Sec. 25063, p. 18.)
In other words, one individual will run and administer a new
health care system for 32 million Californians. The Commissioner
will adopt a standardized benefits package for the entire state
population each year, ensure that all health care providers are
paid in a timely fashion, take bids for prescription drug contracts
under a state-run drug formulary, and negotiate or set rates, fees,
and prices involving any aspect of the Health Security System.
These responsibilities are unprecedented in scope. To assist in
implementing them, the Commissioner is given power to establish,
appoint, and fund:
A Health Policy Advisory Board;
A Regional Administrator with appropriate staff for each System
Region;
A Regional Consumer Advocate with appropriate staff for each
System Region.
The Health Policy Advisory Board
The Health Policy Advisory Board is to consist of health care
and public health professionals who are salaried and compensated in
other manners as determined by the Commissioner. Proposition 186
does not specify the number of members who will serve on this newly
created board. While this issue may seem trivial now, such an
advisory board could expand to accommodate many of the
special-interest groups which can be expected to lobby the
Commissioner for representation on the board. Depending on who is
appointed, there could be serious doubts about the objectivity of
board recommendations.
According to section 25070, the Advisory Board shall:
Make policy recommendations on medical issues, population-based
public health issues, research priorities, scope of services, and
expanding access to care and Health Security System evaluation;
Recommend expert task forces, including an expert formulary
(drug) committee, to be appointed by the Commissioner to study and
make recommendations on specialized areas of medical policy and
effectiveness.
Californians have great reason to be cautious of this seemingly
innocent provision. The "expert formulary committee" in particular
will have an impact on every resident, especially the poor. A "drug
formulary" is a restricted list of approved prescription drugs that
a program will cover. In the context of Proposition 186, a
formulary committee most likely would monitor the prices of
prescription drugs and determine whether they are "reasonable." It
would then make a list of recommendations to the Health
Commissioner stating which prescription drugs met certain criteria
and should be placed on the formulary list. While the bill does not
detail or mention the criteria, current state policy includes
factors such as economies of scale and presumed therapeutic
benefit. If the formulary committee thinks a price for a drug is
"unreasonable," the Commissioner likely would exclude that
particular medication from the formulary list. Thus, Californians
could face a situation in which the drug recommended by their
physician is not available under the system.
While a formulary list will affect every Californian's ability
to gain access to the latest drug breakthroughs and medicines, it
will have an especially adverse effect on elderly, poor, and
minority patients. Middle-income and wealthy patients will still be
able to purchase medically necessary drugs out of their own pocket,
even if these drugs have not been approved by the Health
Commissioner. However, current Medicaid recipients and the working
poor not eligible for Medicaid effectively will be denied access to
these treatments. Testifying before Congress against formularies,
Hispanic leader Suleika Cabrera-Drinane pointed out the
implications of this for minorities: "If this plan becomes law,
Latinos would once again be relegated to the status of second class
citizens. We would again be denied equality of treatment under the
law. Formularies mean that people will get sick and die because
they couldn't get the medicines their doctors said they needed."
(Suleika Cabrera-Drinane, Founding Executive Director of the
Institute for Puerto Rican/Hispanic Elderly, testimony before
Congress, cited by Pharmaceutical Manufacturers Association, The
Case for the Pharmaceutical Industry, 1993-1994, p. 10.2.) The
Hispanic-American community makes up approximately 26 percent of
the state's population. It is very likely that this particular
minority will bear a disproportionate share of the adverse
consequences of drug formularies.
Given the troublesome history of Medicaid formularies throughout
the states, it is ironic that the largest state in the union might
adopt such a problematic scheme for its entire population.
Regional Administrators
Proposition 186 creates what appears to be a mid-level
bureaucratic position of "Regional Administrator" to oversee newly
designed "System Regions." Each Regional Administrator is charged
with such duties as the following:
Negotiating service contracts;
Preparing budgets;
Approving and funding of capital expense projects of health
facilities and clinics in the region;
Following guidelines and formulas determined by the
Commissioner.
Essentially, each Regional Administrator will have the power to
negotiate prices for physician, hospital, medical equipment, and
prescription drug reimbursement. He or she will then forward these
prices and further recommendations to the State Health
Commissioner, who must coordinate these figures with the projected
expenditures from other Regional Administrators.
In addition to a Regional Administrator, each System Region is
staffed by a Consumer Advocate appointed by the State Health
Commissioner. The Consumer Advocates are charged with, but not
limited to, examining the following:
Complaints and suggestions from the public; Proposals to be
considered by the Commissioner in the future;
The Commissioner's plans for changes in resource allocation;
The extent to which individual health facilities and clinics in
a System Region meet the needs of the community in which they are
located;
Any other factor bearing on the effectiveness of the Health
Security System.
Proposition 186 is not explicit as to how or by whom the System
Regions are to be designed. It is reasonable to assume the state
legislature will have a role in this process. Should that be the
case, it will be a political nightmare. The reason: each state
legislator will want to craft the System Regions so that each is in
a strong economic position to shoulder the new taxes and
administrative burdens. But more affluent regions will want to
avoid inclusion in regions that are disproportionately poor.
Gerrymandering disputes could tie up the state court system for
years.
THE COST TO CALIFORNIANS AND EMPLOYERS, AND ITS EFFECT
ON EMPLOYMENT
Proponents of Proposition 186 constantly tout the "savings" they
will achieve by eliminating "excessive administrative costs" in the
private insurance market. Not only is it highly questionable
whether government control would bring sharp improvements in
efficiency, but seemingly overlooked is the indirect regulatory
cost of the new bureaucracies, commissions, and agencies that would
be created. Even without these indirect costs, however, the system
would be extremely expensive -- and there is good reason to assume
that the sponsors' optimistic budget forecasts mask a huge problem
of underfunding.
Proposition 186 relies mainly upon three new taxes to help
finance the new health system: a business payroll tax, a personal
income tax surcharge, and an increased cigarette tax. Payroll Tax.
The payroll tax is to be levied upon every employer within the
state. Self-employed individuals are exempt from the payroll tax
but not from the income tax. Proponents of Proposition 186 claim
that every employer will be required to pay the payroll tax. They
therefore assume that the current exemption for self-insured
employers will no longer apply to the state of California -- but
according to top congressional staffers, this is not necessarily a
valid assumption. The payroll tax is structured as follows: If
Proposition 186 were to pass, estimates the Palo Alto, California,
econometrics firm of Spectrum Economics, Inc., approximately
300,000 jobs would be lost by 1998. (Spectrum Economics, "Economic
Impacts: 1994 California Health Initiative," June 28, 1994, p. 5.)
Short-term job loss in the insurance sector alone is estimated to
be 40,000. Spectrum also forecasts that the wage tax will be passed
on in the form of lower wages in future years. As noted by the
Congressional Budget Office, "An often overlooked point is that the
employer share of the cost of 'employer provided' health insurance
is ultimately passed on to workers in the form of lower wages and
reductions in fringe benefits other than health insurance...."
(Congressional Budget Office, "The Tax Treatment of Employment
Based Health Insurance," March 1994, Introduction.)
A new payroll tax on employers to help pay for the new health
care system will add significantly to the labor costs of firms
currently not offering health insurance. For firms currently
providing health benefits that are not as expensive as the tax cost
of the package mandated in the bill, labor costs also will
increase. In addition to wage reductions that will tend to follow
as firms struggle to offset these costs, some costs also will be
passed on in higher prices for consumers, which in turn leads to
fewer purchases of non- medical goods and services, ultimately
resulting in lower employment in those industries. (Spectrum
Economics, "Economic Impacts: 1994 California Health Initiative,"
p. 5.) Depending on the size and financial condition of the firms,
the job loss will be felt either immediately or gradually over
several years.
It is estimated by Dwayne Banks of the University of California
that the new wage tax would generate $42.1 billion of new revenue
in 1998. (Dwayne A. Banks, "The California Single-Payer Initiative:
Revenue and Expenditure Projections, 1996-2000," Graduate School of
Public Policy, University of California, July 1994, p. 27.)
However, economics and common business practice suggest that this
may be difficult to achieve. First, many employers would reduce
their tax liability by downsizing their firms or restructure their
organizations by shutting down in-house departments and then
creating subsidiaries. Second, employers who find it economically
feasible to self-insure instead of paying the wage tax will do so,
thereby avoiding the new tax entirely. As mentioned earlier,
proponents also are banking on Congress to waive the ERISA law as
it applies to self-insured employers in California, thereby
subjecting these firms to the proposed payroll tax. If they fail to
achieve a sweeping waiver, as seems likely, revenues will be
reduced. Income Tax. Proposition 186 places an additional 2.5
percent income tax surcharge on Californians of all income ranges.
Residents who earn more than $250,000 per annum are responsible for
an additional 2.5 percent surtax on top of the original 2.5 percent
increase. The state of California already has one of the highest
personal income tax rates in the country.
Spectrum Economics estimates that this new income tax will
generate $12.5 billion of new revenue in 1998. However, this new
tax structure and benefits system will have certain direct and
indirect costs. For one thing, some Californians will decide to
relocate in other states to reduce their taxes. For another, the
new tax policy and benefit system will attract three population
groups to the state who are likely to take advantage of a
single-payer system: uninsured people needing high-cost health
care, early retirees without health insurance, and those in need of
long-term care and nursing homes. (Spectrum Economics, "Economic
Impacts: 1994 California Health Initiative," p. 7.)
Heritage Foundation Senior Fellow David Winston has conducted an
analysis of Proposition 186 to estimate the tax implications for
Californians working in the private sector. Using a slightly
different methodology from that used by Spectrum, he estimates that
the new income tax will raise $9.7 billion in 1998 directly from
Californians in higher personal income tax payments. But there are
other effects. Businesses will face new payroll taxes amounting to
a projected $28.8 billion in 1998. The economic literature
indicates that when a payroll tax is imposed on an employer, an
average of 88 percent of the cost is "passed through" to employees
in the form of lower wages (usually reduced raises). The rest of
the payroll tax takes the form of higher prices or reduced profits.
(John C. Liu, "What the CBO Says About the Tax Treatment of
Employment-Based Health Insurance," Heritage Foundation F.Y.I., No.
16, May 25, 1994, p. 4.)
The Heritage study suggests that the combined cost (taxes plus
wage effects) to Californians employed in the private sector will
be $34.8 billion in 1998, or an average of $2,823 per employee. To
be sure, this cost is for certain benefits available under the
program, and many businesses will be paying the new payroll tax
instead of providing benefits. Thus, the net impact on each
employee will depend on the current cost (and its wage effect) of
the worker's employer- provided benefits -- if any.
Two important caveats apply to this comparison, however. The
first is that the Heritage calculation takes at face value the
claim of proponents that the new taxes in Proposition 186 are
sufficient to cover the promised benefits. This is very doubtful,
for reasons explained elsewhere. If there were a shortfall, and yet
benefit levels were retained, it would be necessary to raise
additional revenue, probably through increased tax rates. The
possible level of these new revenues is cited later in this
analysis, based on the anticipated shortfall.
The second, related to this, is that it is difficult to predict
how people, including residents of other states, will react to
passage of the California proposition. One reaction may be the
movement of some taxpayers and businesses out of the state. Another
unanticipated effect could be the movement of other people into the
state to take advantage of the new program, pushing up costs
without producing much new revenue. Consider, for instance, the
proposed long-term care benefits. Since the legislative language
only requires individuals to reside in California and pay income
taxes for a minimum of two years in order to be eligible for
long-term care benefits, younger and healthier long-term residents
will end up subsidizing the costs of early retirees moving to
California. Despite the requirement to pay income taxes in order to
be eligible for long-term care and nursing home services, the
revenue collected by the state is not likely to cover the
prohibitively expensive costs associated with providing such care.
According to the latest U.S. Census data, California already has
3.1 million residents over the age of 65, or approximately 11
percent of the state's population. (Congressional Quarterly's
Politics in America, 1994, 103rd Congress, (Washington, D.C.,
Congressional Quarterly, 1993), p. 97.) With such low eligibility
requirements for long-term care and nursing home services, it will
be very attractive for early retirees not now receiving such
generous health benefits to migrate to California.
The Numbers in Proposition 186 Don't Add Up
Even under the most optimistic scenario, in which all new taxes
and savings yield the amounts assumed under Proposition 186,
expenditures are likely to exceed revenue by a significant margin.
A study performed by Dwayne A. Banks of the Berkeley Institute for
Research on Policy Solutions (BIRPS) concludes that Proposition 186
would run deficits at least between 1996 and 2000. (Banks, "The
California Single-Payer Initiative: Revenue and Expenditure
Projections," p. 27.) The assumptions in this study are based upon
those used by the Congressional Budget Office, the same agency
which forecasts the costs of federal programs as envisioned by the
U.S. Congress. CBO assumptions regarding likely consumer and
provider reaction to a new single-payer-type system were reflected
in the BIRPS study. (Congressional Budget Office, "Behavioral
Assumptions for Estimating the Effects of Health Care Proposals,"
November 1993, Appendix F.)
According to the BIRPS study, the demand for existing health
care services will increase for two reasons. First, out-of-pocket
expenditures are virtually zero under the single-payer system,
which means that consumers who are currently insured will increase
their demand for certain services (such as chiropractic, substance
abuse, and dental services) for which they generally now must pay
themselves. Second, those who are currently uninsured will have
access to services to which they traditionally have not had access,
and this will lead to an even greater increase in the overall
demand for services. (Banks, "The California Single-Payer
Initiative," p. 38; citing CBO, "Behavioral Assumptions for
Estimating the Effects of Health Care Proposals." )
Even under optimistic assumptions, the BIRPS study estimates
that Proposition 186 will cost $135.1 billion in 1998. This is the
projected cost of providing the guaranteed benefits to every
eligible California resident, legal and illegal. Revenue estimates
which include the three major taxes (personal, payroll, cigarette),
the federal money gained by the state from taking over Medicare,
Medicaid, Worker's Compensation, alcohol and drug abuse services,
mental health services, public health services, and indigent care
services, together with the projected administrative savings,
equals $101.1 billion in 1998. With respect to the ERISA exemption
issue, Spectrum estimates that the cost of care for ERISA-exempt
workers would roughly equal the payroll tax, thus having little
effect on Proposition 186's expected deficit. (Spectrum Economics,
"Proposition 186: Alternative Estimates of Cost and Revenues,"
August 15, 1994, p. 2.) This presents the California State Health
Commissioner with a $34 billion deficit in 1998, (Ibid.; Banks,
"The California Single-Payer Initiative," Table 1a, p. 27.) leaving
the Commissioner with one, or a combination, of the following
possibilities to address the deficit: implement stricter cost
control mechanisms, request additional funds from the state
legislature (that is, higher taxes), or establish co-payments or
exclusions on certain services that had been fully covered.
Proposition 186 Relies Too Heavily on Assumptions Based
on Fantasy
Proponents of Proposition 186 apparently overestimate the
influence of California's congressional delegation in the House and
Senate. While California is fortunate to have two House Members as
chairmen of powerful committees, (Henry Waxman is a 10-term
Representative from Los Angeles who chairs the powerful House
Energy and Commerce Subcommittee on Health and Environment, which
has extensive jurisdiction over public health programs, Medicaid,
and prescription drug pricing formulas. Fortney (Pete) Stark is an
11-term Representative from Hayward who chairs the influential
House Ways and Means Subcommittee on Health, which has jurisdiction
over Medicare and Social Security programs.) their positions on
certain health programs are not always supported by a majority of
their colleagues. The reason is very simple: Certain changes in the
Medicaid and Medicare program which will benefit health care
providers and their constituents in Beverly Hills and the San
Francisco Bay Area may not be as attractive to a Member of Congress
who represents a poor inner-city neighborhood or a rural area.
Furthermore, California's congressional delegation is not known
for its ability to cross political party lines and work together on
projects portrayed as beneficial to the state. It is surprising
that proponents place complete faith and confidence in their
Representatives' ability to obtain the federal waivers that are
needed for Proposition 186 to function effectively.
One mistake is to assume that Congress will continue to make
federal payments currently going towards the Medicare and Medicaid
programs in California with minimal oversight. The two primary
committees with jurisdiction over these programs are Ways and Means
and Energy and Commerce. These two committees have 82 members, of
which California provides only 8. A majority of members on each
committee already have stated publicly their opposition to a
single- payer system as envisioned in Proposition 186. Thus, it
seems unlikely that these committees will act to grant California
the right to use federal Medicare and Medicaid payments to help
finance the new state system.
Proponents also assume that the federal government will continue
its payments to Sacramento toward all programs such as the Veterans
Administration, Indian Health Services, and armed forces while
current beneficiaries of these programs will be folded into the new
state program. Proposition 186 assumes that California will
continue to administer current medical and public health programs
run by the state. Proponents of Proposition 186 thus assume that
California will be allowed to combine projected expenditures for
these programs with anticipated federal revenues and that this will
be the "new revenue" sufficient for running a new health care
system.
The problem is that these projected new revenues -- even if they
do all materialize -- appear to be well short of the amount needed
to finance the promised benefits. The BIRPS study, by Dwayne Banks,
estimates that the state of California could expect to receive
$38.1 billion in combined revenue from existing state and federal
programs, leaving a shortfall in 1998 of $32.5 billion for covering
workers in the private sector. (Banks, "The California Single-Payer
Initiative," p. 15. The $32.5 billion shortfall is a (reduced)
estimate calculated by Banks in October.)
Heritage Foundation Senior Fellow David Winston has estimated
the possible tax impact of a shortfall of $32.5 billion in 1998, as
well as the $50.7 billion shortfall envisioned by Spectrum.
Assuming no benefits are cut from the program because of any
shortfall, and assuming California is successful in gaining the
waivers it needs to generate certain revenues from business (which
is far from likely), Winston calculated the new taxes necessary to
cover a 1998 shortfall. He calculated the impact under two specific
scenarios:
SCENARIO 1:
The entire shortfall is recouped through higher payroll taxes on
employers. According to the Heritage analysis, and assuming a
shortfall of $32.5 billion, California businesses would be hit with
a payroll tax of about double the rate envisioned in Proposition
186, if the program is to be fully funded.
SCENARIO 2:
The entire shortfall is recouped through higher individual
income taxes. The Heritage analysis indicates that if Californians
have to shoulder a $32.5 billion shortfall by an increase in their
state tax rates, the average Californian would not have to pay the
$813 envisioned by Proposition 186 (a 2.5 percent additional tax
rate), but $3,026 (or a 9.3 percent additional tax rate). Thus
average Californians would see their state individual tax rates
triple. And this does not even include the "pass through" wage
effect discussed earlier.
GLOBAL BUDGETS, PRICE CONTROLS, AND
RATIONING
Chapter 7 of Proposition 186 is entitled "Appropriations,
Budgeting, and Expenditures." A more accurate title would be
"Global Budgets, Price Controls, and Rationing." Proposition 186
calls for "Expenditure Limits" complemented by a "Global Budget."
("California Health Security Act, Proposition 186," Chapter 7,
Article 1, sec. 25150, and Article 2, sec. 25158.) According to
section 25150, "It is the intent of the people that expenditures
under this Act not exceed in any year expenditures for the prior
year adjusted for changes in the state's gross domestic product and
population." Hence, the central cost containment mechanism is not
competition and consumer preference, but a fixed system of caps on
health care spending.
Proponents of Proposition 186 envision a system in which most
health spending in the state of California would be fixed by a
government "global budget" and budgets enforced with spending caps.
Californians who wanted to purchase insurance for a medical service
not covered in the state-approved standardized benefit package, or
of a better quality, could do so with their own resources.
Proposition 186 thus would change dramatically the way in which
Californians receive medical care. Since spending on health care at
the System Regions level will be fixed according to regional
targets and allotments based on the state budget, patients and
physicians will have to compete against each other for a fixed
quantity of medical services.
The result would be limits in the availability of services for
Californians now used to obtaining the services their physicians
recommend. (John C. Liu, "Clinton Heavy: The Kennedy Bill,"
Heritage Foundation Issue Bulletin No. 197, July 21, 1994, p. 15.)
In an effort to stay within the expenditure limits imposed by the
bill while trying to maintain the level of services demanded, price
controls would have to be applied throughout the health care
system. These controls would have to be severe, since the growth of
health care spending in California would have to be reduced more
rapidly than has been possible so far in most industrialized
nations -- including those with government controls on health care
spending (see Table 1). To place such a tight limitation on
expenditures would dramatically alter the quality and availability
of health care to which Californians have become accustomed.
Table 1
AVERAGE ANNUAL GROWTH IN PER CAPITA HEALTH EXPENDITURES, 1985-
1991(Adjusted for Inflation)
Turkey 9.61%
California (projected annual increase for 1995) 8.50%
Spain 6.69%
Italy 5.55%
Finland 4.97%
Iceland 4.48%
Norway 4.30%
Japan 4.24%
Belgium 3.95%
United Kingdom 3.84%
Canada 3.58%
France 3.26%
Austria 3.05%
Germany 2.05%
Switzerland 1.82%
Sweden 0.48%
Numbers represent the percentage by which the increase exceeds
the rate of inflation, as measured by the GDP inflator.Sources:
Organization for Economic Cooperation and Development, 1985-1991
comparison; Proposition 186 as drafted in legislative language.
To keep within the expenditure limits, the State Health
Commissioner would have an incentive to reduce reimbursements to
physicians, hospitals, pharmaceutical companies, and medical
equipment manufacturers. If this fails, the Commissioner or the
state legislature would be forced to intervene and implement
stricter price controls. But price controls always result in
unintended consequences. They lead to such things as shortages in
the latest medical technology (medical equipment, pharmaceutical
drugs, and biotechnology breakthroughs) and a black market which
benefits well-connected and wealthy consumers at the expense of
others. (Edmund F. Haislmaier, "Why Global Budgets and Price
Controls Will Not Curb Health Costs," Heritage Foundation
Backgrounder No. 929, March 8, 1993, p. 3.) Californians should
consider the average waits Canadians have had to endure under a
single-payer system controlled by their government. (Cynthia Ramsay
and Michael Walker, "Waiting Your Turn: Hospital Waiting Lists in
Canada," Fraser Institute Critical Issues Bulletin, Fourth Edition,
1994, p. 23.)
Table 2
AVERAGE 1993 PATIENT WAIT TO SEE A SPECIALIST IN CANADA
(After Referral from a General Practitioner)
PROCEDURE AVERAGE WAIT
LONGEST WAIT
Gynecology 4.87 weeks
7.0 weeks
Ophthalmology 8.65 weeks
8.65 weeks
Otolaryngology 3.53 weeks
3.53 weeks
General Surgery 2.71 weeks
4.30 weeks
Neurosurgery 7.13 weeks
20.0 weeks
Cardiology 3.36 weeks
7.5 weeks
Urology 5.89 weeks
8.0 weeks
The alternative to price controls in Proposition 186 doubtless
would be equally offensive to Californians: stripping benefits and
services from the package. Article 8, section 25226 allows the
State Health Commissioner to "Identify and eliminate wasteful and
unnecessary care that is of no benefit to patients receiving that
care." A more realistic interpretation perhaps should read: "If the
State Health Commissioner realizes that the package is too
expensive and that the price controls embodied in the new system
won't hold down costs as envisioned, benefits will be struck
publicly from the state benefits package."
CONCLUSION
In light of the 103rd Congress's inability to pass a health care
reform proposal, it is understandable that Californians are
frustrated and feel the need to take the initiative on their own.
However, reform at the state level needs to be considered
carefully.
Proposition 186 places heavy new payroll taxes on every employer
in the state, which in turn would inevitably mean lower wages and
job losses in many industries. Like the Clinton plan, which was
rejected overwhelmingly by the American public, Proposition 186
would force 32 million Californians into a state
government-designed standardized benefits package. Global budgets
and price controls inevitably would reduce the quality and quantity
of health care for millions of Californians. And like that of the
rejected Clinton plan, the financing scheme in Proposition 186
appears to be completely inadequate to fund its promised
benefits.
Proponents of Proposition 186 envision a sharply reduced pattern
in the growth of future health expenditures, combined with a
dramatic improvement in efficiency, if complete control of
California's health care system is handed over to the state
government. Californians should consider carefully the likelihood
of this -- and the implications if this rosy scenario does not
materialize. Are they prepared to accept the waiting periods
experienced throughout the provinces in the Canadian system? Are
they prepared to accept the wage reductions and job losses that
would accompany increased payroll taxes? Are they comfortable with
the idea of a powerful state commissioner determining the details
of their coverage? It is these fundamental questions that
Californians must consider when they cast their ballots on
Proposition 186.