The Wyden Amendment
Rachel Maddow had Sen Wyden on her show yesterday and he talked about his amendment to the Baucus bill. As I understood it, the idea was to allow any american to access the insurance exchange directly to shop for health insurance, whether or not they had plan provided by the employer, and to require employers to provide a range of plans to their employees.
This sounds a great idea to me so far (at least this element does) because it expands portbability and uses free market principles to drive down costs. I read also that the CBO estimates the bill would reduce cost of health insurance by an additional $1 billion over 10 years and the unions are on the record opposing it.
However, I wasn't able to find any details on this amendment apart from short summaries here and there.
Does anyone have a link to the proposed text and a more detailed description?
Thanks













Right off the bat I am going to admit I could be wrong here. So please correct if I am.
It is my understanding the labor unions are opposed to Baucus's plan to tax cadillac health insurance plans to help pay for subsidies to those who cannot afford insurance, not the Wyden amendment.
September 23, 2009 9:04 AM | Reply | Permalink
That's what I've heard also but I'm not sure it makes much sense. I'm in a union and through them get an excellent plan ....... but it's no Cadillac and doesn't come close to the $8,000/yr cost they're talking about. So I'm wondering if the unions are protesting -- or people are *saying* the unions are protesting???
September 23, 2009 5:17 PM | Reply | Permalink
Try this, lalo. It's linked from Wyden's Senate website.
http://wyden.senate.gov/newsroom/091709free_choice_amendment.pdf
September 23, 2009 10:28 AM | Reply | Permalink
Thanks Wendy.
If I'm reading this right, he doesn't require a public option, but gives me the opportunity to shop around for the best plan - regardless of my current plan. Meaning I will be able to leave my employer plan if I find something better.
If you add this on top of the ban on patient dumping and pre-existing conditions, this sounds too good to be true, a plan I can really support and fight for.
What am I missing??
September 23, 2009 10:35 AM | Reply | Permalink
Wyden says that his amendemnet ties in perfectly to the public option! it is really choice and would be great for many of us who hate employer based health care plans!
September 23, 2009 12:21 PM | Reply | Permalink
I know how you are feeling. It does sound too good to be true to me, as well. But I'm with you. Just seems like it makes too much sense to pass congress. But, boy, I hope it does. I've been listening to the mark up of the bill today waiting for Wyden to introduce this amendment, but I have not heard anything yet.
September 23, 2009 4:21 PM | Reply | Permalink
As long as the implementation ends up being something easy to navigate and not some nightmare, then it sounds pretty good. I could see it being a complete CF, however, if it wasn't well thought out. There would have to be tools that users could use to compare plans, tables and descriptions written plainly--that kind of thing.
I'm imagining the health insurance equivalent of the "Nutrition Facts" label.
September 23, 2009 5:46 PM | Reply | Permalink
With two-thirds of the country now obese, nutrition labels were apparently too much information as well. Maybe we need some sort of neural-transfer system to finally understand and retain important information.
September 24, 2009 7:44 AM | Reply | Permalink
Maybe propublica.com has more info...
Wyden made the public option folks are clamoring for sound pretty weak, and as not affecting but maybe 12 million folks, didn't he?
September 23, 2009 11:15 AM | Reply | Permalink
He talks about "state insurance exchanges." Do they exist? Would they be good?
September 23, 2009 1:40 PM | Reply | Permalink
On PBS, Jim Lehner last night - Judy Woodruff had extremely interesting, factual data on the 46 million being asserted as without healthcare.
36m are citizens - the other 10m are a combination of those here on legal visas, etc. and undocumented. Of course the greatest percentile are those considered at poverty level.
Complete with pie charts and additional data on other demographics too.
Encourage anyone with questions as to need and impact of HCR to visit the PBS website and review.
September 23, 2009 1:42 PM | Reply | Permalink
The one caveat to the Wyden, if he's sticking to his guns on this, is that he wants to remove some tax deductions, I think. You might wind up with less to spend on health care under Wyden then you get post tax benefit now.
September 23, 2009 4:03 PM | Reply | Permalink
The plan seems to offer some attractive options. One downside might involve large employers, who currently negotiate very favorable rates with insurance companies because they offer the companies a large subscriber base. If an insurance company could no longer count on retaining all those subscribers, it might not agree to the same favorable terms, leaving both the employer and employees with more choices outside of the group plan but greater expenses to stay in the group. On the other hand, favorable treatment for one group tends to drive up costs for others, and so overall, the plan might be a cost saver on average. Whether this is true might depend on the leverage insurance purchasers would enjoy on the Exchange.
As far as I can tell, the plan neither requires nor conflicts with a public option.
September 23, 2009 4:31 PM | Reply | Permalink
Thanks Fred. Unfortunately I can't spend a lot of time researchin this right now, but it seems that this amendment is a version of the entire bill that he proposed some time ago, and apparently that bill had the highest degree of bi-partisan support than any other version.
The one thing that I think he's not taking far enough is his limiting of the exchange to the individual states.
Does anyone know the current chances of this amendment making it into the final version?
September 23, 2009 5:31 PM | Reply | Permalink
"Thanks Fred. Unfortunately I can't spend a lot of time researchin this right now..."
But you will have time to read thousands of pages of health plans to make your choice?
I'm wondering actually how much price disparity we can realistically expect given that all the insurers will be calculating premiums on the very same factors. All insurance is based on huge amounts of statistics, anyone offering a substanially lower premium claiming the same coverage is hiding a "catch".
September 24, 2009 8:21 AM | Reply | Permalink
The great rates the larger employers provide are probably related to the fact that the insurer is not the name on the policy, but the name of the Administrator of a self-insured organization, the employer. What this means is that Aetna, for example, appears to be the insurer because your info comes from Aetna, but the relationship Aetna has with the employer is that the insurance comes from the employers funds, rather then Aetna's and Aetna merely manages the paperwork. The benefit to the employer is they take less profit out of premiums then the typical insurer expects thus enabling the employer to subsequently reduce premiums. If insurers expected lower profits, then employers would not be interested in self-insuring. That they do self-insure is suggestive that the profit expectations are considerable and the higher premium costs from private policies is merely a willful demand on the insurers for greater profits, not some unavoidable economic necessity.
September 23, 2009 10:26 PM | Reply | Permalink
Health insurance profit margins are pretty low when compared to other industries, though increased revenue as a by-product of the rapidly-rising total health care cost across all related industries of course leads to a relative increase in profit. This is one of those lingering factoids that won't seem to die since health insurance is actually a horrible way to make a profit. Look down around 3.3% margin to find health insurance plans.
Self-funded plans are not always managed in the way that you describe, except for the largest employers who can cut the best deals on administrative fees. Companies also self-fund because they only pay for the claims actually filed - with stop loss insurance to cover any huge claims that may come up - while avoiding state regulations that govern insurance.
Don't get me wrong. I think insurance companies are fucked up in a lot of other ways. I just think throwing "evil profit motive" out there as a primary reason will engender Pavlovian responses from those voters who are fiscally savvy and fact oriented.
September 24, 2009 8:08 AM | Reply | Permalink
Wyden had an op-ed in the NYT just last week explaining his plan. Here's the beef:
Sounds fair to me.
September 23, 2009 5:11 PM | Reply | Permalink
The more I read about it, the more I like it. Has he ever explained why he doesn't propose to open the portability across state lines? Is it because of the nightmare of requiring every state to harmonize their regulations or for some other reason?
September 23, 2009 5:34 PM | Reply | Permalink
the general resistance to allowing portability across state lines is that most insurance regulation remains at the state level. and by allowing portability you basically make it impossible for the states to regulate at all. NY is a relatively highly regulated state. if aetna can sell Missouri based plans in NY, they'll just do that and ignore the NY reg structure. so the thinking is, and I agree with it, that you end up with a race to the bottom and the most consumer unfriendly reg structures winning out.
September 24, 2009 1:09 AM | Reply | Permalink
Also, I think the prospect of your average American being able to take the time to read and, more crucially, understand multiple, 100+ page plans, rife with fine print, about as likely as reading his/her whole mortgage was. This will attract nefarious characters like flies to....
September 24, 2009 8:15 AM | Reply | Permalink
Which is why HIPAA failed to deliver the regulatory structure we needed to fix the system. Thirteen years later, the problem has only gotten worse.
Regulations for health care need to be set at the national level and enforced via the federal government. Portability becomes moot when all plans hew to a single minimum standard.
At least, that is what I take away from the current legislation being proposed as well as what is likely to make it to the president's desk.
September 24, 2009 8:18 AM | Reply | Permalink
Forgot the link.
http://www.nytimes.com/2009/09/17/opinion/17wyden.html?scp=1&sq=wyden&st=Search
September 23, 2009 5:12 PM | Reply | Permalink
Does anyone know if there is a list somewhere of the plans provided to the employees of each State, including the cost?
On another thread I wound up thinking myself around to this proposal: if someone cannot get the kind of coverage for cost available to their State's own employees, they become eligible to become a member of the State employee plan for the same amount (although they would pay an amount equal to both the employee and employer contributions). And -- still thinking aloud here -- other employers could either negotiate something more favorable on their own or "provide" the same plan with vouchers to their employees for the contribution part (or the whole amount).
In my state, at least, that would mean you have a choice between 3-8 insurance companies/HMOs (depending on what part of the state you're in), good basic coverage (or fancier if you're willing to pay more), no refusal of coverage or dropped coverage or discriminatory premiums, and a total cost that is a lot better than I'm hearing quoted for individual or small employer plans.
The rates and coverage for the State employee plans are already being negotiated for a very large pool by people very experienced in negotiating, so allowing the uninsured/ underinsured to take advantage of those negotiations would be the State's "contribution" for the benefit its own citizens. And the Feds would provide subsidies for those that couldn't pay all or part of the premium, essentially eliminating Medicaid and quite possibly saving money over what is being spent now for Medicaid. The mechanism for membership is already set up, so the additional overhead cost would be minimal, just more people to handle the larger volume.
This isn't *quite* the same as the Wyden amendment but it's toward the same goal (I think) .... and might be considered less of a departure from the employer-based system that (for unknown reasons!) so many seem wedded to.
Either one would, I think, provide a good framework for a public option and/or single payer if use of the private companies didn't work ... OR let the private companies avoid a public option or single payer by making this private-based but equitable system work.
So --- what huge flaw am I overlooking? Because surely if it was that easy it would have been done long ago..... (One flaw could be that other States don't provide such good, choice-filled packages, which is why I asked about the list.)
September 23, 2009 6:01 PM | Reply | Permalink
What about people who are self-employed?
September 23, 2009 6:11 PM | Reply | Permalink
Not mentioned. Nor are the unemployed, disabled, etc. I don't know if it's not in the bill or if it just didn't make the cut in to the summary.
Myt read of this ammendment summary is that the amendment simply tries to clean up the insurance/employer relationship and lower cost through competition and choice. (IMO, there would have to be some competition clauses so we don't end up with monopolies.) It isn't the part of reform that will extend coverage to those who don't have the option of coverage yet.
September 23, 2009 6:27 PM | Reply | Permalink
Hey lalo, thanks for bringing attention to this.
September 23, 2009 6:29 PM | Reply | Permalink
Clarification needed?
Here Wyden's words at BlueOregon from the Maddow Show transcript (my bold):
That reads to me that his amendement dovetails with the need for the public option.
Related to the question of "portability" ...
The following section from the Wyden pdf link doesn't appear to "expand" portability. If one were to leave their present employment and move to another state, one be required to purchase another plan from the exchange in that state they reside in.
Your mileage most likely varies...
~OGD~
September 23, 2009 7:11 PM | Reply | Permalink
"Decline the employer plan and use the voucher to take coverage through the local exchange. If workers select a plan that costs less than the voucher amount, they can keep the unspent amount as cash."
Fool's gold.
1)Since most people tend to think if they're healthy now they'll be healthy tomorrow, I can see alot of people going for the cash.
2)If it's significantly cheaper, you can bet the coverage is worse.
3)Whoops, I got sick/injured!
4)Bye-bye "savings".
Besides, if the deductible is the same and the co-pay is the same and the exemptions are the same, how different will the premium be?
September 24, 2009 8:32 AM | Reply | Permalink
The issue that I would be concerned about with portability, or erasing states having individual regulatory authority is, that occurred with banks many years ago and we know how that worked out. Over time the banks merged and became way too powerful, effectively controlling the financial marketplace. Congress has demonstrated they'll never look out for citizens worth spit. If all the regulatory control rests with congress you can be sure that in the long run it'll be harmful to the public.
September 24, 2009 6:55 AM | Reply | Permalink
States controlling it doesn't work either, so we have to try something new. A national minimum standard for health insurance plans seems the best way to make portability a moot issue.
September 24, 2009 8:24 AM | Reply | Permalink
Apparently support for the Wyden amendment is growing
http://thehill.com/blogs/blog-briefing-room/news/59777-wyden-amendment-gaining-support
Here's an account of why some are resistant to it:
http://yglesias.thinkprogress.org/archives/2009/09/the-ingenious-don-ron-wyden-of-oregon.php
- Basically, it shakes things up too much for those currently with employer-provided insurance. Maybe for the better, but it creates unwanted uncertainty, apparently.
A couple of thoughts -
It seems to make negligible difference to the deficit according to the CBO, nor the number of people covered, but I'd be interested in seeing how it affects private health care costs, insurance premiums, and provider rates. I can't see the model on which it affects the latter very much. So what is the case for this amendment...?
September 24, 2009 7:50 AM | Reply | Permalink
Reid, Wyden, Baucus Reach Agreement On Version Of Free Choice Amendment
By: David Dayen Friday November 20, 2009 12:13 pm
November 23, 2009 7:31 PM | Reply | Permalink