Testimony of Stuart Butler,
PhD
Vice President for Domestic and Economic Policy Studies
The Heritage Foundation
Before The Committee on Finance
United States Senate
My name is Stuart Butler. I am Vice President for Domestic and
Economic Policy Studies at The Heritage Foundation. The views I
express in this testimony are my own, and should not be construed
as representing any official position of The Heritage
Foundation
Summary of Testimony
-
Potential
savings in Medicaid should be considered within the general goal of
increasing coverage. And the key to achieving that goal is to
explore new ways of using our system of federalism.
-
Political
polarization in Washington requires us to think of achieving
legislative progress less in terms of building out from the center
and more in terms of building in from each flank. An enhanced
federalism strategy, such as that developed by Stuart Butler of
Heritage and Henry Aaron of the Brookings Institution, recognizes
this.
-
Utilizing this
approach involves the following core elements:
o
Congress establishes broad and measurable goals for increasing
coverage while using funds more effectively, and protections or
policy boundaries for vulnerable populations.
o
Congress enacts a ?policy toolbox? federal reforms or programs that
would be available to states, not required. The aim would be
a ?logrolled? toolbox package of federal initiatives and legislated
waivers that represented the preferred options of liberals and
conservatives as well as centrists in Congress.
o
States could offer innovative proposals to achieve the goals,
utilizing selected federal toolbox items and state initiatives. An
independent commission would select a slate of proposals that would
be implemented, subject to an up-or-down vote in Congress for the
entire slate.
o
Using the principle of pay for performance, states would receive
funding according to an agreed timeline for achieving the agreed
goals in the proposal.
-
In the context
of the current debate over Medicaid, the uninsured, and the federal
budget, Congress should consider the following:
o
To the extent that there might be additional federal funds for
increases in coverage, this money should be focused on a small
number of creative federal-state initiatives rather than spread
thinly over the entire nation.
o
Whatever changes Congress finally makes in the Medicaid program to
comply with the Medicaid budget target, states should have the
opportunity to propose creative ways of achieving those targets
within the goal of generally increasing coverage. Enhanced
federalism offers a procedure to do that. The 1996 welfare reform
legislation contained a similar structure ? there was a ?default?
federal reform but states could propose alternative ways of
achieving their intent of the federal reforms.
o
There will be buy-in by the governors and the minority only if they
believe the process for selecting state initiatives will be fair
and balanced. That is why selections should be undertaken by a
commission, not by the Secretary of HHS. But using a commission to
choose a slate of state initiatives to reduce uninsurance, or to
propose savings in Medicaid, requires the commission to be truly
bipartisan ? with voting representatives selected by governors, and
by the congressional minority and majority.
o
Large-scale demonstrations are often seen as the means of
attracting ?outlier? votes to win passage of legislation. The
enhanced federalism approach uses large demonstrations as the
centerpiece of legislation in order to test a range of innovative
proposals.
o
Rather than trying to establish a formula for how states would be
rewarded, state proposals to the commission should include a ?bid?
regarding federal funds. If new federal funds were available for
increasing coverage, then a federal funding request would be
included as the bid. If the national funding goal were only to
reduce federal costs in Medicaid, then the bid would involve net
federal savings expected from restructuring programs within the
proposal. The commission would engage in rounds of negotiation so
that the final slate of proposals was in line with budget
requirements.
o
?Outlier? proposals from states, such as approaches based on a form
of single payer model or a strong consumer-choice model, could be
undertaken within a limited geographic area of for only certain
categories of state resident.
Mr. Chairman, the
states face a daunting budget challenge in maintaining existing
service levels under Medicaid and other health programs, especially
as education and other state obligations compete for limited
resources. But it is also the states that face the immediate
pressure to address the health needs of working-age Americans who
lack insurance coverage. Yet budgets are also strained at the
federal level. The result: states find themselves in a financial
shell game with the federal government rather than involved in a
process of constructively searching for a resolution. Meanwhile
promising ideas that might lead to ways of organizing and
delivering care more effectively and efficiently remain bottled up
in Congress.
The current tension over Medicaid underscores the need to
introduce a more creative and comprehensive approach; one that
encourages both states and the federal government to seek ways of
delivering the Medicaid promise at less cost while launching
approaches that would reduce the general level of uninsurance. This
can be done only by considering changes in Medicaid not in
isolation but within the context of the goal of reducing
uninsurance. And the key to achieving that goal is to explore new
ways of using our system of federalism. If we were to do that we
might trigger more creativity in the search for effective and
efficient ways of reaching our health care goals and ?unlock?
promising approaches now bottled up in Congress. Yet even if the
immediate goal is narrower ? achieving net savings for the federal
government ? the same approach would achieve that goal with less
disruption to those currently covered by Medicaid, and perhaps in
some states an increase in Medicaid or equivalent coverage.
The Environment for Improving
State-Based Coverage
There are several reasons why the prospects today are generally
considered to be unfavorable for bold and fresh initiatives on
health care for working age Americans. Among the most
important:
-
Absence
of Political Enthusiasm
Wile many Republican lawmakers and leaders have offered health
proposals with great enthusiasm, it is still fair to say that
health care does not rank as highly with Republicans as it does
with Democrats, in terms of budget priorities or political urgency.
There is also reluctance among Americans to the idea of significant
new health programs. Survey analysis by Robert Blendon
and Daniel Yankelovich, among others, indicates this ambivalence
among the public. While Americans express the desire to address
uninsurance and related health care problems for working-age
households, and they are concerned about the continuity of their
own coverage, they not yet willing to accept what experts see as
the necessary tradeoffs. In particular, Americans today are
unwilling to accept the argument that major additional resources
are needed to address the goal of reducing uninsurance.
-
Political Polarization
Polarization in Congress is another obstacle. The heightened
political partisanship in recent years makes the prospects seem
especially bleak for progress on health care. In particular, the
traditional vision of ?build-out-from-the-center? bipartisanship is
far less tenable today. The cadre of conservative Democrats
and liberal Republicans that once led on health care has shrunk
considerably. Today?s partisanship means that many congressional
health initiatives have a more pronounced ideological aspect to
them. But these tend to languish in Congress. Partly this is
because of partisan opposition. But partly it is because proponents
of more ideological proposals are less open to winning passage by
accepting ?watered-down? versions that lack key but controversial
component, because they fear these might fail and cast doubt on the
original idea. So all too often today, congressional ?debate?
consists of presenting dueling computer simulations of ideal
proposals rather than crafting compromise bipartisan
legislation.
Reasons for Optimism
Despite these obstacles to broad action on health, there are some
trends that suggest there may be possible ways of achieving
progress in this environment.
-
Republican interest in state experimentation
Republican support for state experimentation, through waivers,
does mean that diverse approaches could be tried if these are
proposed by the states ? albeit within the limitations of statutes
and Administration political priorities. Such openness to state
experimentation means that proposals that would not make it through
a polarized Congress if they were advocated for the whole country
could perhaps be tested in the field within one state.
-
Bipartisan support for individual health care
subsidies
While debate continues about the design and eligibility
for refundable tax credits for health insurance, there is still
broad bipartisan support for the idea. This represents an important
commitment by Republicans as well as Democrats for direct subsidies
to enable families to afford coverage. Since federal tax credits
could be used in tandem with other approaches, including
state-based initiatives for insurance pooling or Medicaid and SCHIP
changes, this commitment could make possible an array of possible
federal-state partnerships.
-
Wide support for insurance pooling, reinsurance and
risk-adjustment
There is also broad bipartisan support for spreading the cost of
high risk individuals across wider populations, meaning that there
is the potential to craft an insurance infrastructure that makes
coverage affordable (with some subsidies) to all income and risk
groups. Such ideas range from Senator Kerry?s federal reinsurance
proposal, to state-sponsored high-risk pools, to risk-adjustment
system systems, to Bush-supported health associations for small
businesses and non-business associations. To be sure, there are
intense policy disputes about which approach is best, and what the
practical consequences of rival proposals would be, but these are
?engineering design? arguments rather than a dispute about the
principle of spreading risk beyond merely employment-based
pools.
-
Some openness to modifications of low-income support
programs
There is also an increasing willingness to contemplate a variety
of novel ways of fulfilling the purposes of Medicaid/SCHIP ?
providing the eligibility of individuals is maintained or widened
and equivalent services are provided in a manner that assures
quality and continuity. One way to do this, for example, might be
to use a portion of the existing Medicaid budget for an individual,
in combination with a federal refundable tax credit, to enable that
individual to enroll in employment-based coverage instead of
Medicaid. This would free up the remaining Medicaid money to fund
part of the cost of the coverage for another individual. Or a
federal tax credit might be used by a family to ?buy into?
Medicaid, or in combination with some Medicaid funds to purchase
private coverage through a state-sponsored pooling arrangement.
Proposals from the National Governors Association argue that we
should consider giving at least some individuals on Medicaid the
option of using a federal refundable credit for private
insurance.
Using
Enhanced Federalism to Achieve Progress With Limited Dollars
An enhanced approach to federalism is likely to be the most
effective way of moving forward in this checkered environment, by
circumventing political obstacles at the national level and
enabling creative and potentially more efficient proposals to be
tried. While the idea of state demonstrations and waivers is of
course not new, permitting more sweeping state initiatives ?
particularly federal legislation that would also make new and
modified federal programs available in state experiments ? could
break the political logjam that impedes action today.
A version of enhanced federalism has been laid out by this author
and Henry Aaron of the Brookings Institution.
To summarize the Aaron-Butler approach:
"We propose
that Congress provide financial assistance and a legal framework to
trigger a diverse set of federal-state initiatives. To help break
the impasse in Congress over most national approaches, we propose
steps designed to enable ?first choice? political ideas to be tried
in limited areas, with the support of states and through the
enactment of a federal ?policy toolbox? of legislated approaches
that would be available to states but not imposed on them. Our view
is that elected officials would be prepared to authorize some
approaches now bottled up in Congress if they knew that the
approach would not be imposed on their states.?
The Aaron-Butler vision of enhanced federalism contains the
following core elements:
Goals
and protections: Congress would establish broad and measurable
goals for federal-state initiatives, such as reducing the
percentage of uninsured in a state. Goals could incorporate quality
as well as quantity: many lawmakers and organizations, as well as
the National Governors Association, advocate initiatives to improve
the quality of health services and coverage as well as broadening
coverage. Congress would also place some protections or boundaries
on what would constitute success. These boundaries would include
some definition of what constitutes adequate ?coverage? and specify
any groups of Americans that should in general be held harmless by
any initiative (e.g. some mandatory populations currently covered
by Medicaid or some categories of workers covered by employer-based
insurance).
A
"policy toolbox" of federal policies and programs: A
major reason for gridlock today is that a Member of Congress who
opposes introducing a certain approach in his/her state will block
a national initiative that would have that result. This tendency is
accentuated by the increased partisanship in Congress (where
ideological opposition becomes more of a factor). Ironically, since
many states have developed their own initiatives to improve
coverage, there is also the fear in some states that Washington?s
?heavy helping hand? would disrupt these initiatives.
The idea of a "policy toolbox" is that instead of imposing new or
changed programs on the entire nation, a package of congressional
measures that would be blocked if designed to apply nationwide is
instead made available only to states wishing to utilize the
measures within a federal-state initiative. Items in the toolbox
would be available to states, but not required in any state without
its permission. Politically this encourages a productive form of
what one might call "ideological logrolling", with left-right
partisans agreeing to support each other's policy tools in order to
achieve the chance to field-test a reasonably pure version of their
own proposal. An important political feature of this approach is
that these ideological lawmakers in both parties would be a
countervailing pressure against the general tendency of Congress to
micromanage bipartisan health care agreements.
Examples of proposals that might be legislatively unlocked in this
way include some form of health association (perhaps with agreed
exemptions from state mandates rather than federal preemption);
permitting new populations to be covered by the FEHBP and VA
programs or some equivalent arrangement; providing a large tax
credit for coverage; expansions of permitted Medicaid populations
or utilizing Medicaid funds to enroll individuals in other forms of
coverage to achieve net savings; insurance reform to create
statewide, risk-adjusted pools; and extending tax benefits to
employees picking certain plans not sponsored by their
employer.
State
proposals with federal approval: A state wishing to take
part in this enhanced federalism would prepare a formal proposal to
make progress towards the goals established by Congress. Such
proposals would select some items from the federal policy toolbox
in tandem with state initiatives designed to make progress towards
the proposal?s goals. A procedure would be established by the
federal legislation for choosing proposals to implement,
negotiating necessary administrative waivers to ?fine-tune? each
proposal, collecting data, and monitoring performance. Proposals
would be approved for a specific and standard period, say five
years ? although proposals might be approved for longer periods if
they involved large changes in programs or health arrangements in a
state.
Funding
linked to goals: The principle for rewarding success
would be ?pay for performance.? To the extent that new funds were
made available, states would receive money if they succeeded in
extending coverage or meeting related goals, and nothing if they
did not. If the proposal were to require the use of federal funds
from other programs to achieve improved coverage while meeting a
goal for federal savings in, say, Medicaid, then federal funds
would be released in line with the achievement of agreed milestones
in expanding coverage.
Crafting A Viable
Legislative Proposal
The devil of any approach to build momentum for health care
legislation lies of course in the political and technical details.
Within the general framework of enhanced federalism there are
several key design issues that would have to be resolved. How one
does resolve them depends as much if not more on political
judgments as on technical considerations.
-
Federal funding goals - net savings or net
increases
The Aaron-Butler approach envisioned a pool of new
federal money for reducing uninsurance. Hence the assumption was
that state proposals would vie for available new funds. But the
same approach is adaptable where the federal funding objective is
to achieve reductions in the growth of a program, such as Medicaid.
In that case the state proposals would be designed to meet the
reduced federal budget allocation for the state in a manner that
had the least impact on state residents currently with insurance or
Medicaid coverage ? and perhaps even achieved net savings in
innovative ways that actually increased coverage.
-
The
number and scale of state initiatives - the need for focus and
ideology
Budget and political trade-offs are inextricably linked in
determining the ideal number and scale of the state initiatives. In
today?s environment it is wiser to assume that the available budget
for health initiatives (likely to be modest) will determine the
technical and political design of the approach rather than assuming
the design will determine the federal budget. The presumption here
is that pool of available resources would include some existing
funds or proposals already on the budget table. The pool thus might
include part of any reserve fund created to finance President
Bush?s initiative on the uninsured, a portion of projected savings
from Medicaid, perhaps some portion of federal funds for
uncompensated care (matched with additional federal funds), as well
as some new funds.
Whatever the available funds, there are political tradeoffs in
selecting the number and size of state proposals. Proposing to
spread funds broadly but thinly over many states might seem
attractive to gain the support of more states, but then each
individual state would see less of a funding incentive to support
the idea. However the flexibility and availability of new federal
programs would be powerful incentives to support the approach even
without the prospect of major new federal funding. The critical
test for a state would be whether the combination of flexibility in
using existing and new federal funds, combined with the opportunity
to undertake launch a creative initiative with the federal
government to expand coverage, proved sufficient to warrant the
political and other risks involved. That is an empirical rather
than theoretical question.
The ideological dimension of possible initiatives plays into the
possible calculation at both the congressional and ? perhaps to a
lesser degree ? at the state level. The opportunity for
congressional partisan supporters of what one might call ?paradigm?
ideas to see them truly tested in the field likely would make
supporters inclined to focus new federal funds on a small number of
state initiatives ? although there could be other initiatives
primarily using existing program funds in creative new ways. To be
sure, there might seem to be little incentive for states as a whole
to support an approach that concentrates new federal money on a few
states. But a governor who supports a paradigm approach (such as a
significant expansion of Medicaid, or large tax-based subsidies to
individuals) might well be open to another state receiving federal
funds if that could lead to a convincing demonstration of the
approach and its subsequent availability to all states.
Initiatives and modest new federal funds could also be focused on
proposals to cover less than an entire state, assuming the scale of
the experiment reached a critical mass. This option could build
political support among states. For instance, for a certain level
of funds, several large states could have funded proposals limited
to certain counties, rather than using the funds for only one
statewide proposal. Moreover, cross-border joint proposals covering
metropolitan or rural areas could generate broader state
support.
-
Selecting successful state initiatives - a bipartisan,
full-voting ?base closing commission?
An approach that involves selecting a limited number of
federal-state initiatives from competing state proposals raises
obvious political challenges, especially where there is an
ideological dimension to some proposals and there is new federal
money. In particular, how could we secure broad political support
for the approach ? especially from the minority party in
Congress?
It seems very unlikely that many minority party Members of
Congress or states could be persuaded to support legislation that
allowed the Secretary of Health and Human Services (HHS) to choose
among competing state proposals that could mean large changes in
state health systems ? including perhaps Medicaid and SCHIP. The
reluctance of Democrats and governors to join the recently enacted
Medicaid Commission underscores the political dangers of making the
HHS Secretary in any administration the gatekeeper for
recommendations.
The key to generating wide political support is a process for
selecting initiatives that is considered fair and balanced by
everyone. This cannot be achieved if the Secretary of HHS makes the
final selection. In the article authored last year by Aaron and
Butler, we emphasized that these decisions had to be made by an
independent body that was truly bipartisan, with the decisions
certified by Congress. We recommended a newly created commission
with full voting members selected by Congress, the Administration
and the states, perhaps with technical advice from the General
Accountability Office. States would submit formal draft proposals
to the commission to evaluate. These proposals would include
federal toolbox items as discussed below. The commission would
discuss and negotiate the elements of the proposal with the state,
to assure that it met the congressional guidelines and complemented
other state proposals. The commission would then present a
recommended ?slate? of proposals to Congress for an up-or-down vote
without amendment. The HHS Secretary?s role would be restricted to
negotiating final administrative details with the successful
states. This is essentially a ?base-closing commission?
solution.
The legislation setting up this procedure would essentially
instruct the commission to come back with a slate that complied
with certain guidelines. The legislation would set the total
federal budget limits for the slate. Rather than giving the
commission carte blanche to select the slate, the
legislation might require the commission to include certain
categories of paradigm state proposals envisioned in the federal
policy toolbox and reflecting the ideas favored by congressional
constituencies that were key to bipartisan support. So the
commission might be directed to include at least one proposal to
expand Medicaid and/or SCHIP, and an equivalent of large individual
tax credits or vouchers and purchasing pools, among other
proposals. While any directions from Congress can easily
degenerate into micromanagement and the inclusion of pet
demonstration projects, the political need for strong advocates of
paradigm proposals to be assured of seeing a valid, ?clean?
demonstration of their proposal could mean a degree of
détente when it came to adding excessive
requirements.
A variant of the Aaron-Butler commission idea would be for the
commission to propose a slate to the Secretary. But in this case,
governors and Members of Congress from both parties would have to
feel confident that the members of the commission had such
political stature and bipartisanship that, politically, the
Secretary could not ignore the slate of recommendations. The 1982
Social Security commission and the recent 9-11 commission are
examples of how a politically powerful commission can build
momentum for its recommendations.
-
Designing the federal policy toolbox - symmetry and
logrolling
The federal ?policy toolbox? described earlier is a key part
of an enhanced federalism approach, both politically and
technically. From a policy perspective, the toolbox is important
because it provides a major federal policy dimension to complement
state initiatives to improve coverage. Items in the toolbox can be
seen in some cases as new or expanded federal programs that would
be available in selected states, and in some cases as statutory
waivers ? or ?super-waivers? ? to permit significant variations in
existing programs and the use of their funds.
Today is it fairly common to include a limited demonstration
program in a larger piece of legislation when the political support
of a group of lawmakers is necessary for passage but others would
balk if the program were applied nationwide. For example, when it
was clear that introducing vigorous competition into Medicare as
part of the recent drug legislation could cost critical Republican
votes and doom the bill, the leadership included it instead as a
demonstration program. This was enough to retain conservative
supporters but left Republican as well as Democratic opponents
secure in the knowledge that the competition initiative would not
apply to their states.
The toolbox idea converts such demonstrations from a minor
political necessity to retain lawmakers in a coalition to a core
logrolling strategy to build a bipartisan majority for radical
state-based initiatives.
To accomplish logrolling there has to be symmetry so that
ideological members of each party could support the package. Thus
it would be important to assemble pairs or groups of proposals that
would appeal to a broad ideological spectrum, balancing philosophy
and the allocation of funds. For instance, costly expansions of
Medicaid or SCHIP might be balanced in the toolbox with a similarly
funded refundable tax credit or voucher (designed to mimic a tax
credit); a health association program might be balanced with a
government-led health alliance; opening up the FEHBP in some way
might be balanced with a VA-like single-payer option. The
federal toolbox would be hammered out in Congress and enacted
before the states and the commission considered
proposals.
-
Protections and boundaries - guidelines with
flexibility
Creating a bipartisan coalition necessitates assuring key
constituencies and lawmakers that they can acquiesce in radical
changes they do not support because they can be sure that certain
principles will be protected and certain lines will not be crossed.
Like other requirements of a bipartisan agreement, it would not be
easy to agree on these protections and boundaries. But supporters
of innovative and ideological initiatives would know their own
ideas would be blocked if they were unreasonable about demanding
detailed protections for other proposals.
One such protection or boundary issue concerns the very definition
of ?coverage,? or the meaning of ?insurance.? The amount of family
financial exposure before comprehensive insurance reimbursement (or
government provision) kicks in is one area that would need to be
resolved satisfactorily for all sides, as would the nature of
benefits that constitutes ?insurance.? The Aaron-Butler proposal
recommended setting an actuarial minimum and allowing wide
variations in state-required benefits. States would be free to
design plans with different benefits at or above that minimum,
including high deductible insurance plans with perhaps partly
funded health savings accounts.
Some level of protection for individuals already covered would
also have to be resolved (particularly those in Medicaid or state
programs, and those in most employer-sponsored plans). Achieving
the goal of a decrease in uninsurance by dropping high-cost
individuals and replacing them with a larger number of healthier
people probably would not pass muster. Aaron-Butler proposed no
reduction in the degree of coverage for currently insured
populations, most notably those in Medicaid ? though it would not
rule out major changes in Medicaid. A state could provide the
functional equivalent of Medicaid, for instance, by utilizing a tax
credit in combination with a federal tax credit or voucher to
enable some currently on Medicaid to enroll in an employer-based
plan or individual coverage (perhaps within a statewide pool). But
even with reductions enacted in the growth of Medicaid, there could
be protections included for certain populations covered by the
program. However the coverage protection issue was resolved, it is
critical for the overall political and policy success of enhanced
federalism that Congress set only broad guidelines.
-
Determining and rewarding success - trust but verify
Another difficult issue is how to determine what constituted
success in a state initiative and how success should be
rewarded.
Rather than setting out detailed objectives for proposals, the
essence of enhanced federalism is for Congress to establish only
broad goals for the improving the degree and quality of coverage.
How a state envisioned the goal and sought to reach it would have
to be agreed with the federal government within the guidance of the
statute. The state proposal would need to contain a timeline of
targets and outcome measures. If a commission were to select a
?slate? of proposals for federal approval, that would be an
additional assurance that the state?s interpretation of the goal
was reasonable, and its plan and timeline realistic.
But how to agree on and verify success, particularly if that
triggered a federal financial bonus for a state? On the other hand,
what if the funding objective of the federal government involved
achieving a reduction in the baseline cost of Medicaid? What
elements would have to be in the equation?
One element is an agreement on information. To
the extent that certain base information on coverage was needed to
confirm progress, Congress would be wise to include funding for
appropriate surveys and data collection. Standard data collection
methods across state lines would be essential, especially with some
funding contingent on success in reaching goals, to avoid disputes
between states and with the federal government. A state?s
willingness to assist in the collection of data could be a factor
in selecting proposals for implementation.
Another element is an agreement on who decides success or
failure. One of the lessons of the experience with state
welfare reform demonstrations prior to the 1996 reform legislation
was that the state and the federal authorities agreed to third
party measurements of results. Similar ?arbitration?, conducted
rigorously by an independent body, would be critical to the
willingness of states and the federal government to agree on a plan
and on whether there was adequate progress. Third-party assessment
also would reduce the need for detailed and standardized measures
to be agreed nationally or placed in legislation; instead the
details would be agreed between the three parties. The state and
the federal government would jointly select the third party
assessing progress for each proposal. This might be a private
analytical organization. It might also be a federal agency, such as
the GAO, or even a state body if the selection was agreeable to
both parties.
A third element is an agreement on the allocation of
federal funding or the use of some portion of savings. New
federal funding is not the heart of the enhanced federalism
approach ? the most important feature is freedom and flexibility in
design and use of existing funds to reach agreed goals, which might
include savings in a program such as Medicaid. But some federal
funding to offset evaluation and design costs and provide bonuses
for success likely would be needed to induce states to offer major
proposals. And federal funds would be appropriate where a proposal
hinged on creating or expanding a program that had a federal
component (such as Medicaid) or that incorporated a federal
initiative (such as a refundable federal tax credit). On the other
hand, elements of the state proposal could be designed to save
federal funds, with some portion of the savings reprogrammed into
initiatives intended to increase coverage.
Bidding for federal dollars. Perhaps the least
attractive way of allocating any new federal funding would be
through a strict allocation formula tied to congressionally
determined performance standards. That would invite damaging
formula fights. But can that be avoided? A way to do so might be
through the selection process for the commission?s slate of
proposals. Let?s say the individual states put in an initial public
?bid? to the commission, indicating the degree of federal funding
it felt was needed and fair to accomplish the proposed goal,
bearing in mind the total funding available under the program and
the congressional guidelines. The proposal would perhaps focus on
reducing uninsurance among particular groups, such as children or
older workers, and the financing bid would reflect the targeted
population. With a set of proposals containing bids for federal
funding before it, the commission could engage in successive rounds
of discussions or negotiations with states to produce a final set
of recommended proposals within the total budget. Through such a
bidding procedure and negotiating rounds, the process would produce
funding formulas agreeable to the chosen states.
A successful bidding ?market? of this form could be an alternative
to the daunting task of trying to develop a federal funding formula
adjusted for regional differences, categories of individuals newly
covered etc. And even if it were thought that a nationwide funding
formula would ultimately have to be created, a bidding market of
this kind would produce a ?market-tested? outline for such a
formula.
This is actually less radical than it may seem. In reality most
large federal grant programs operate a little like a bidding market
? just not one as structured as proposed here. For example, when a
city develops a proposal for a federally supported mass transit
system, it requests a certain level of federal dollars to achieve a
certain result ? much as recommended here for a set of state
proposals. Moreover, the city typically structures the transit
proposal not just in the context of the program?s budget allocation
but also based on its knowledge of other city?s bids under the
program.
Would states propose only initiatives that involved large
infusions of federal money under such an arrangement, to maximize
out-of-state funding? Would states avoid initiatives that expanded
coverage primarily by using existing funds more creatively?
Perhaps. But the federal government would have the opposite
incentive and so a balanced commission would have an inclination to
give strong consideration to proposals that did not require heavy
federal funding. Indeed a state might include a larger bonus within
its bid as ?profit? for a proposal that sought to reduce
uninsurance at relatively low federal cost.
Perhaps the additional bonuses for reaching or exceeding goals ?
as opposed to the release of federal funds associated with direct
costs ? could be linked to a congressional formula based on goals
for particular political groups. But those bonuses would be
relatively small and less likely to spark the level of
congressional heat that accompanies major federal commitments to
programs like Medicaid.
Bidding for savings. The same bidding model can be
adapted for a situation in which the federal funding objective is a
reduction in projected outlays for Medicaid or another program. The
aim in that case would be to craft a proposal to meet a federal
funding target for the state in ways that kept reductions in
coverage to a minimum or actually increased coverage. The analog is
the welfare reform legislation of 1996. Whatever ?default? changes
are put into place, the state would be able to propose an
alternative method of reaching the same goals. Thus a state could
propose changes, including utilizing items from the federal toolbox
that achieved the same savings in a number of ways ? for example,
by inducing employers to enroll workers or dependents who might
otherwise be eligible for traditional Medicaid. In some instances
those methods of reducing Medicaid costs might include new federal
outlays for other forms of coverage (e.g. refundable tax credits),
such that the net federal outlays for the state met the target for
Medicaid. In this case the bid would involve a request for
increased funding elsewhere to achieve larger Medicaid savings
(with the net federal outlays meeting the goal for Medicaid).
-
Designing outlier proposals ? the art of the possible
The more radical the proposal being considered by a state, the
more disruptive it would be to existing arrangements and thus the
more politically challenging. A statewide single-payer initiative,
for instance, would mean closing down all employer-sponsored plans.
A pure consumer-choice individual market initiative would mean
suspending Medicare and the VA system within state borders. Clearly
this is not likely to be accepted in the foreseeable future in
Congress or in any state.
But the objective of testing the more radical ideas favored by the
left and the right could in some instances be achieved by limiting
the population involved and so reducing disruption and political
opposition. The critical thing is to have an initiative that is
seen by supporters as a true test of the idea, not necessarily a
statewide initiative covering everyone. So a state might design an
initiative approximating a single-payer system while exempting
ERISA plans, perhaps with a proposal to make Medicaid or VA
coverage the only state-approved coverage for the non-ERISA
population in some counties. Or another state might propose
federal-state vouchers for all the non-elderly and non-ERISA
population in a few counties or statewide in order to test the
functional equivalent of a refundable tax credit.