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

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Alice on Physical Punishment and Parental Rights

    • Rachel Karash on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • feathered_head on Physical Punishment and Parental Rights

    • Concernicus on Physical Punishment and Parental Rights

    • Ian on Physical Punishment and Parental Rights

    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Lifetime Limits in Health Care Finance

posted by Frank Pasquale

The WSJ has a superb article on the shadowy world of “lifetime limits” on health insurance policies. It focuses on a man (Dawson) who “maxed out his plan’s $1.5 million lifetime cap halfway through his long hospital stay.” The hospital and doctors aggressively moved to collect the rest:

CPMC discharged Mr. Dawson on July 26, and Mrs. Dawson drove her husband home. As they entered their house, Mr. Dawson lost his balance and fell. Mrs. Dawson was trying to help him up when the phone rang. It was Ms. Beronilla, the hospital’s financial counselor. Mrs. Dawson says Ms. Beronilla . . . .told her the hospital would start billing immediately. With her husband still splayed out on the floor, Mrs. Dawson remembers replying: “Do what you have to do.”

The story foregrounds the sad state of privatized American health care: we frequently force people at their most vulnerable to negotiate with implacable bureaucracies. But a harder question for advocates of universal coverage lurks in the background: what are the limits of collective responsibility? I doubt many would be argue for state coverage of Dawson if his bill reached $500 million. One or two million dollars is far more reasonable, but what should the limits be?


Here is one helpful perspective on the issue:

The Segal Company, an employee-benefits consulting firm, says the average health-plan cap among companies it advises is $1 million a person — the same as it was in the 1970s, when the purchasing power of $1 million was the equivalent of nearly $6 million today.

The six million dollar figure has been used in cost-benefit analysis for regulations–that is, if a safety regulation will cost an industry six million dollars, and save one life, it can be deemed cost-effective. David Cutler has done good work on the “year-by-year” assessment of the value of life:

Cutler concluded that a 45-year-old American could expect to spend $30,000 over the course of his life on all forms of cardiac care and that, thanks to improvements in cardiac technology alone, he could expect to live three years longer. That worked out to $10,000 a year of added life. Cutler can rattle off figures to prove that Americans value life even more. (Air bags cost something like $100,000 per year of life saved, for instance.) But you don’t need to be an economist to believe that $30,000 for three extra years is a pretty good deal.

Of course, if there were an easy way to reallocate spending from “end of life” to public health measures, some of the former spending might be avoided, as one expert on public health argues:

[I]n the past six years, no health official has argued forcefully for social changes that would genuinely improve the public’s health on a significant scale. While we hear plenty about how personal “lifestyle” changes can make us healthier, health officials are not pushing for social fixes that would have even more powerful effects by limiting inequalities in wealth or their health-impairing correlates. They don’t demand reforms of the sort that would make us more like those developed countries (Denmark, France, etc.) where infant-mortality rates are more than 20 percent lower than ours and where life expectancy is longer — changes like more affordable housing, a guaranteed minimum income, a higher minimum wage, restoration of workplace-safety oversights emasculated by big-business-friendly government, or better and cheaper public transportation systems.

Indeed, Dawson’s story may well have reflected this situation. His staph infection appeared to be ignored for weeks, and “tort reform” makes it less likely that physicians and hospitals will have to worry about such misdiagnoses.

Nevertheless, even if these public health measures were adopted, and terrible cases like Dawson’s were avoided, health care costs are going to come up at some time. As the tobacco industry’s studies of the “cost-effectiveness” of smoking showed, from a cold-blooded accounting perspective, an early and quick case of cancer may end up costing far less than a protracted descent into Alzheimer’s. Therefore, advocates of universal coverage are going to need to clearly contemplate the idea of a “lifetime limit.” Though the Grover Norquists of the world will probably scream at the idea of having to spend millions of dollars to save a stranger, they might want to take a look at some leading economic work on the topic. As Hall and Jones note, “the optimal health share of spending seems likely to exceed 30 percent [of GDP] by the middle of the century.”

PS: Here is some provocative commentary from Philip Alcabes on the futility of many “responsibility for health” programs:

Officials badger us to quit smoking, exercise more, eat more fruits and vegetables, avoid drugs, use condoms, reduce our stress. We are all simpletons, it seems, and need to be reminded to act in our own best interests. . . . Apparently it doesn’t matter that, according to available evidence, most people who eat more fruits and vegetables to avoid dying of cancer would not have died of cancer anyway, or that the most likely cause of death for people who exercise more (heart disease or stroke) is the same as that for those who don’t.

That many people are too poor to afford the time or the expense of eating whole foods, exercising regularly, or reducing their stress is not part of the magical equation, either. Indeed, the matter of who can afford healthful behavior might be exactly why the behavior-change crusade is so compelling: If you can afford to shop at a farmers’ market, go to the gym, take a vacation, or live in a downtown apartment so you can walk to your office, then you are manifestly not a member of the unwholesome class. Your healthy behavior proves that you are a Worthy in the modern American moral register of health.


 November 30, 2007 at 11:48 am   Posted in: Health Law   Print This Post Print This Post

Responses (1)

  1. Ronnie Parker - March 24, 2008 at 11:22 am

    Hi,

    Do you have solid plans in place to retain and grow your existing subscribers and prospects? Success in leveraging relationships with your best customers can help significantly boost your revenue results.

    Appending is a process of working with your existing incomplete in-house database and a NEW Revolution in maximizing your sales. Our Customized appending service includes:

    Appending missing emails to the existing list of contacts Appending multiple top level executives for your existing prospect companies Appending contacts based on your specific job titles Appending missing data like contact name, business name, job title, mailing address, telephone number, fax number, SIC codes, D&B Number, Employee size, Revenue size and Industry type Data hygiene and data validation

    Our other Online Marketing solutions include:

    List acquisition – Acquire list with emails specific to your target audience with contact name, business name, job title, mailing address, telephone number, fax number, SIC codes, D&B Number, Employee size, Revenue size, Industry type and contact person deliverable email address.

    Opt-in email campaign: List rental based on your specific target market. Optinbuilders will undertake the entire campaign management right from designing, planning and positioning the campaign. Please also view/read testimonials of our existing clients who have utilized our appending services at http://www.optinbuilders.com/testimonials.asp

    Regards, Ronnie Parker 1.415.358.7497 Consultant http://www.optinbuilders.com

    **Check our quality and our prices against as that offered by our competitors before signing up for any projects (highly recommended

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

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

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
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
Just Books
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
TeachPrivacy 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