Thursday, July 5, 2012

DOES ANY ONE DO THEIR HOMEWORK?


Recently the Supreme Court of the United States heard three days of argument re Obama's Affordable Health Care Act. What has been reported since suggests the making of a major embarrassment for all involved.
 
In the days following oral argument, several insurance experts commented that the Court and attorneys involved did not know nor understand what they were talking about when it came to costs under the law.
 
It has always been reported that there was one basic cost for everyone under the policy and that it was expensive. Onerous was the word mostly used. The plan, whether paid  by citizen or employer, was described as a Cadillac in cost and services provided.
 
During oral argument before the Supreme Court, comments by several of the Justices indicated one cost and expensive. The Solicitor General arguing in support of the law made no statement to alter that thinking. It is assumed he viewed the law as one cost and expensive. The attorneys in opposition to the law, with one exception, went along with the impression that it was a one cost and expensive item.
 
Turns out they were all wrong. The Court and the attorneys.
 
The law provides three different options regarding costs. Not one.
 
The first is the expensive and properly described Cadillac plan. It covers 90 per cent of bills.
 
The second is known as the bronze plan. It is cheaper. It contains a large up front deductible before the policy would kick in. This option covers 60 per cent of bills.
 
The third and final option is catastrophic coverage. In drafting the law, it was thought this option would appeal to persons under thirty who were not prone to illness and might not want to pay for more inclusive coverage. Catastrophic coverage is the cheapest of the three options.
 
Note that present employer plans generally cover 80 per cent of medical expenses.
 
Were all or most of the Justices aware of the three options? Why didn't the attorneys know? The three options were neither discussed nor developed during oral argument.
 
It would appear no one involved did sufficient home work in preparing the case as regards the cost item.
 
You recall the comment of Justice Scalia during oral argument that the law was 2,700 pages. And his subsequent query as to whether it was expected of him to read the whole law. All 2,700 pages of it.
 
Some one should have at the Court's end. The Justices all have intelligent and bright clerks assisting them. The various attorneys on both sides have huge legal staffs committed to the preparation of such an important case. Obamacare is an important case.
 
Quite frankly, I did not know of the three options. I thought there was one expensive one. I was not expected to read/research the law, however. It was not my responsibility nor in my pay grade. But it was the responsibility of the Court and attorneys involved. That is what they were being paid to do.
 
There is one further observation. The comments regarding the availabilityity of three options were made in the several days following oral argument. Except for a few brief reports, the media has ignored the situation. Why? Obamacare is the most important new law which has come down in years. It deserved better attention media wise post oral argument as it received pre-oral argument.
 
Government at every level is sloppy. Scary.

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