Excerpting from the Wall Street Journal:
No one knows how the Supreme Court will come down in its
decision on ObamaCare, expected in a little over a week.
No one knows how President Obama will respond if the
court overturns some or all of the law, though we have a pretty good idea.
And no one knows how the Republicans will respond either - including the Republicans.
In short, the GOP may be positioning itself to become the
dog that caught the car.
Republicans are down the line opposed to the individual
mandate, but there's an internal debate about what to do if the Court also
overturns the main insurance regulations. A sizable cargo cult within the GOP
wants to preserve some Affordable Care Act provisions and favors passing
stand-alone bills reinstating them if necessary. The idea circulating is that
the Republican Party should consider a "keep the good stuff"
approach.
In other words, one of the first Republican moves amid an
historic constitutional ruling and thunderclap political victory would be the
remarkable feat of protecting the entitlement they've now spent years
castigating and promising to repeal in toto.
Concessions on this scale make zero political sense - never
mind the economics, which are much worse.
The supposedly popular planks are mandates requiring
insurers to cover people with pre-existing conditions at below-market prices
and allowing parents to keep their adult children on their health plans until
age 26. The third is closing the Medicare drug benefit "donut hole,"
which asks seniors to contribute to their prescriptions above a certain level
(with protections for catastrophic costs).
So despite claiming that more consumer cost-sharing will
promote health-care cost containment — for instance by choosing generics over
name brands to avoid running over the donut hole limit — the GOP would gut it
in Medicare, [though] tiered formularies and co-pay scales are routine in the
private sector.
Despite claiming that government mandates distort markets
and drive up the cost of insurance, the GOP would resurrect the under-26
mandate.
[S]ome [GOP] Members want to lift it to age 31 - honestly.
(So Mark Zuckerberg would be eligible for
"free" dependent coverage.)
Pre-existing conditions are tougher, because the problem
while minor is genuine. If Republicans had any wit they'd consult the
innovative work of the scholars Tom Miller and Jim Capretta on continuous
insurance coverage and "guaranteed renewability" while still allowing
insurers to price risk. Instead many of them want to maintain ObamaCare's
blanket pre-existing conditions rules, which is insane.
(That's the reason Democrats cooked up the individual
mandate in the first place, to help mitigate the cost spiral that these rules
cause.)
[D]espite two years of incanting "repeal and
replace," Republicans still haven't formed an intellectual - let alone
popular - consensus for the "replace" part. There's no private
insurance market analogue to Paul Ryan's premium support reform for Medicare.
One thing that comes up again and again in conversations
with Republicans is that they favor smaller incremental reforms that do some
modest good and avoid the liberal mistake of overhauling the entire system.
That's fine as far as it goes, though the pre-existing dysfunctions that
antedate ObamaCare require an Actually Affordable Care Act that increases
competition and health-care choice. Something more than, say, tort reform.
An orderly unwinding of ObamaCare was always going to be
difficult. But based on its disarray and confusion so far, the GOP may be
making it harder.
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