Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • fau on Public opinion on same-sex marriage

    • Mike Zimmer on From the other side at AALS . . .

    • Mike Zimmer on The Employer’s Strategy in Gross v. FBL Financials

    • Mike Zimmer on Drafting the 28th Amendment

    • M.G.M on Drafting the 28th Amendment

    • A.J. Sutter on Lawyers: Don’t Trade on Inside Information!

    • No Load Funds on Consumer Financial Product Safety?

    • grad student on Princeton and the Behavioral Revolution

    • Anon321 on The Passive Voice in Statutory Interpretation

    • Steven Kaminshine on The Employer’s Strategy in Gross v. FBL Financials

    • Alex Kreit on Politicians: Have you talked to your constituents about drug policy?

    • Alex Kreit on Election Night 2009

    • mikeb302000 on Election Night 2009

    • Neal Goldfarb on The Passive Voice in Statutory Interpretation

    • Orin Kerr on Politicians: Have you talked to your constituents about drug policy?

  •  

    Site Meter

Two Sides to Every Story?

posted by Frank Pasquale

As 43 governors and two-thirds of the Senate hope the President reconsiders his SCHIP veto, the NYT does a nice job exploring how individuals may be affected by recent shrinkage of the SCHIP program:

In South Jersey, Syeeba Palmer, a widow, earns too much to qualify for Medicaid coverage for her children, ages 2 and 5, because she receives $2,800 a month from her late husband’s Social Security. Ms. Palmer’s monthly mortgage payment is $2,400, she said. And since she was laid off from her job as a health insurance consultant several months ago, she said it cost an estimated $1,100 a month to continue to cover herself and her children. She decided not to get coverage for herself and to apply for New Jersey Family Care for the children. “If I lose this insurance, there is no way I can afford it on my own,” she said.

Reina Urquizo, a legal resident from El Salvador, works at a factory in Warren that makes cables for cellphones and other electronics. Her two sons, ages 2 and 9, were enrolled in the children’s insurance program, but they would no longer qualify under the new eligibility rule. While she has private insurance, the family cannot afford to cover her husband.

But those defending the SCHIP veto say that no one in the debate intends any of the potential hardship or anxiety here:

Everyone is pro-poor. There simply are different ways of being pro-poor: one way emphasizes federal programs and nationalized care, and one favors private initiatives and community empowerment.

But I have to wonder: how long do Urquizo and Palmer have to wait till “private initiatives and community empowerment” kick in to help them? The administration says it has its own method of solving the problem, but will that involve a “defining down” of insurance that compromises children’s health? And when the “the bottom 50% earn[] 12.8% of all income,” is it really fair to ask some of them to pay ever more for health insurance? Here’s the NYT editorial page on an SCHIP alternative:

President Bush’s preferred policy is to provide families with tax deductions to help pay for private insurance. Responsible economists estimate that such an approach would do far less to enroll uninsured children than would the proposed expansion of S-chip. The president’s own budget proposal for maintaining the current S-chip program is so stingy that it would not even cover the number of children currently enrolled — and would probably increase the number of children forced to go without health coverage by hundreds of thousands.

So one bottom line for SCHIP opponents might be this: if you believe that “private initiatives and community empowerment” will solve the problem, please give some sense of exactly how those work and how they will be funded. And if “tax deductions” are a potential solution, how long will we give that to work? As Keynes once quipped, in the long run we’re all dead.

Hat tip: Rick Garnett.


 October 16, 2007 at 5:18 pm   Posted in: Health Law   Print This Post Print This Post

Responses (4)

  1. Michael Risch - October 16, 2007 at 6:41 pm

    I’m still waiting to hear the other side of this story…

    I can understand that there might be disagreement about whether limited funds should be spent on SCHIP or somewhere else, but to claim that private charities will provide health insurance for children or anyone else seems pretty far fetched. I also think that tax deductions would have to be tax credits to do any real good, and probably refundable tax credits to boot. I don’t see that happening either.

  2. merevaudevillian - October 17, 2007 at 9:20 am

    I don’t think it’s an issue of a community-funded alternative or private charities giving away health insurance. Instead, I think most private initiatives focus on pulling people out of poverty, equipping them for employment, and then helping them secure jobs. If they’re gainfully employed, they have a much great opportunity at receiving benefits, including health insurance, or at the very least having the ability to purchase insurance plans on their own or place money in a medical savings account.

    There’s no question that sometimes people say they “can’t afford” private coverage. But another function of private initiatives can be to teach budgeting and money-saving techniques. Too often, we think that a family can’t possibly live on $50,000 or $60,000, when frequently the money shortage comes from financial lifestyle choices, not financial inability to purchase insurance.

    I acknowledge that private initiatives may be an perfect solution. But it’s certainly within the realm of imagination to think about private initiatives that help individuals receive health insurance.

  3. Maryland Conservatarian - October 17, 2007 at 5:21 pm

    ..Ok – so why doesn’t the concerned John Corzine just have New Jersey pay for it. I don’t mean to be flippant about this but either NJ is a net giver to the federal treasury or a net taker. If it’s the former than we should cut their federal taxes in such a way that they can tax themselves even more to spend in a way they believe appropriate; if it’s the latter, tell me again why the citizens of other states should have to subsidize NJ’s own when most people elsewhere don’t live in housing justifying a mortgages of $2,400/month (at 8% interest over 30 years that’s a $250,000 mortgage).

    Let’s remember, NJ’s coverage under SCHIP – at 3 1/2 times the poverty line – is the highest in the nation. We are not morally bound as a nation to make John Corzine look like a humanitarian

  4. Achilles - October 18, 2007 at 9:19 pm

    Frank Pasquale questions how the proposed alternatives to SCHIP will be funded. It’s obvious that SCHIP will be funded by selling government securities to foreign investors, imposing an involuntary tax on future generations. Does anyone think that deficit spending is superior to waiting for private initiatives to be funded through voluntary contributions?

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress