In the very near future the Supreme Court will rule on the constitutionality of the Affordable Care Act. One likely outcome is the court strikes down the individual mandate but leaves the rest of the law intact.
Here is what eliminating just the mandate would actually mean for policy.
Reduce the cost of the Affordable Care Act – Most sources agree that eliminating just the mandate would reduce the overall cost of the new health care law. For example, CBO concluded that eliminating the mandate would reduce government spending by $282 billion over ten years. Most of that comes from reduced payments for subsidies. The ACA provides subsidies for low income persons to purchase private insurance, but if many of those eligible choose not to purchase insurance in the absence of a mandate, the subsidy expenses would obviously be lower. In addition, those who would otherwise be eligible for the ACA’s expanded access to Medicaid might not sign up, resulting in some additional savings.
Reduce the number of new people with “insurance” – Most analyses, not surprisingly, assume that if the government doesn’t coerce people into doing something they don’t want to do, fewer people will do it. Estimates on how many fewer people would choose to buy health insurance without the mandate vary substantially. CBO predicts 16 million fewer people will choose to get insurance without the mandate. A Rand study assumes 12 million fewer. A Study for the Urban Institute assumes around 13 million fewer, while a Lewin Group study concluded it would be about 8 million fewer. MIT’s Jonathan Gruber, though, claims an incredible 24 million fewer people will choose to get coverage if there is no mandate.
It will have very little impact on what people will pay for insurance – You may often see reports of studies showing that dropping the mandate will increase average premiums by 10% to 27%, but this is highly misleading for multiple reasons. First, these projected increases apply only to the exchanges or the nongroup markets. The vast majority of Americans will get their insurance from the group market (e.g., via work), Medicaid, or Medicare. The prices they pay will not really be impacted much by the mandate.
Second, these are average increases per enrollee, but most analysis assumes younger people would be less likely to buy insurance without the mandate. The law currently allows insurance companies to charge older people three times as much as younger people. This means even if individual premiums on the exchange didn’t change, simply removing some younger people who would otherwise pay less would increases the average. As a result talking about an overall average is a rather useless metric. For example, RAND estimated the average premium on the exchange would increase by 10 percent; but when RAND used age-standardized data, they found the likely increase for any particular individual only about 2.4 percent.
Finally, the bulk of the newly insured will be covered directly by Medicaid or new state-run Basic Health Programs, or if they make less than 400 percent of FPL, they will receive subsidies based on a set percentage of their income. The way these subsidies are designed means the actual sticker price of the premiums will often have a relatively small impact on what they will personally pay.
It is mainly a narrow window of middle class people under 65, who don’t have employer-provided insurance and who want to buy individual coverage, whose personal insurance cost will be higher than it otherwise would be as a result of the Court eliminating just the mandate.
Summary – While it is hard to know exactly what will happen, the net impact of the Supreme Court eliminating only the mandate would likely be this: Slightly more people, mostly younger healthier individuals, would choose to not get insurance. As a result of these people choosing not to use government subsidies to get insurance (or be covered by Medicaid) the government would spend less money in the aggregate on these subsidies. However, it would spend more on a per person basis for newly covered individuals. Importantly, though, the absence of the mandate will have very little impact on the cost the vast majority of Americans pay who still choose to get insurance, even among the newly covered population.
This all assumes nothing else is done to compensate for the lack of the mandate. It is very likely that if only the mandate is found unconstitutional, the Obama administration will adopt federal regulations and at least some states will create new laws meant to play a similar role in encouraging people to buy insurance. For example Peter Gosselin for Bloomberg Government believes the administration may have the regulatory power to create an auto-enrollment set-up which could serve as a replacement. These likely further actions should make the policy impact of eliminating the mandate even smaller.
Of course, if the Court concludes the whole law or even several significant pieces must be thrown out along with mandate, the policy implications would be significantly greater.






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What date is the decision to be released.
It’s comical how coy SCOTUS is about when they plan to announce what. I suppose there’s a valid concern with signalling the scolds when to preposition for a carnival on the steps.
We should keep in mind the fourth option, “We’re not quite ready to rule. . .”
Call me a dimwit, but I don’t see what insurance has to do with health care. Health care is health care. We don’t need insurance. We need health care. And a new Supreme Court. This one no longer has the respect required for it to be relevant. Too bad. Got dirty. Thanks, Arlen Specter, for that. For me…that’s your accomplishment while on the planet. Nice.
likely monday but the Court never says when it is going to rule.
Interesting. Thanks!
Just to be sure, these are estimates given even that they keep the ban on discrimination against pre-existing conditions?
I’m inclined to be against the mandate, but I still thought the free-rider problem – people waiting to get insurance until they are sick – would cause a bigger jump in premiums.
It is less an issue that people let on. The law will likely be implements so you are not allowed to buy insurance anytime you want. It only lets to buy in small yearly open enrollment periods
I see. Thanks again.
Yep – today is a ruling announcement day,but I agree Monday is more likely.
As to the mandate effect, Gruber is an economist with a spreadsheet- albeit one that pulls down a few million a year from his government contacts/contracts.
Actuaries I talk to (I am an actuary) suggest the Vermont experience with no mandate is the best guide – about 1% to 1.5% of the population fewer enrolled compared to Mass with its mandate (Gruber designed the Mass plan via the Heritage work and pushes the mandate still as an adviser to the Mass Connector – the body running the Mass plan). CBO is using Gruber but with better assumptions. Rand and Urban Inst are giving very conservative (read larger than likely) numbers.
So the decrease in enrollment would be more like a couple of million – not 12 million, with a 1 to 2% increase in premium, assuming the premium increase was based on actuarial need rather CEO bonus need.
It’s about managing risk, managing investments in technologies and the entire health care supply chain: hospitals, physicians, nurses, allied health professionals, Big Pharma, and medical device makers.
Private health insurance has proved completely incapable of controlling costs. Although not the only factor, Big Ag and the environment are big drivers of health care costs. Big Ag wants taxpayers to pay for cancer patients, so they can keep using BPA in direct food contact packaging. That same issue gets played out with yellow dent #2, aka corn for sugar for Coke, Pepsi….. GMO is another battle ground.
Free rider folks screw themselves if they wait until they are in Hospital with the Stroke/heart attack. You incur most of your expense before your application for insurance can be processed – and the insurance will not pay that expense incurred before the policy is issued. Plus the enrollment period is likely to be a limited number of days in any given year, so you are not allowed to buy insurance anytime you want.
The same is true for most diseases. And as long as the policy gives limited coverage for end of life care there is no large cost increase – and the law’s regulations defining what must be included is not written yet – but I expect end life to be covered so that is the 2% increase in premium being discussed.
In effect, a non mandate ruling could mean you get the type of policy that is cheaper – but I doubt that will happen unless the GOP get in and sell the lower premium (but for a rather poor policy) as needed because of the no mandate decision.
If there was a real Democratic Party a no mandate might mean a push for single payer – but I am not holding my breathe.
That’s fascinating, papau. You should totally write a diary on that. I’d certainly like to learn more.
“Coy”, exactly the quality you want in the judiciary.
I won’t call you a dimwit. I’ve always said you’re smarter than you look.
Health insurance is NOT healthcare. It would be nice if we could seperate the arguments.
I guess we should be thankful that vaginas have been excluded from the deabte. We all know what a can of worms that opens up.
Yup. Really useful. Thanks. (and yes, deserves a stand-alone post!)
x2
Amongst many problems is that Obama and the Democrats tied themselves into so many self-contradictory knots on ACA. On one side of their mouths they were calling the currently uninsured leeches who were getting healthcare without insurance while out of the other side of their mouth they claimed those same leeches were the victims. So much of the debate was on insurance that very little was actually focused on care. When it was convenient they’d focus on equating insurance with care, but that’s simply not true, so whether X million or Y milllion are uninsured as a result of the ruling that really doesn’t tell you anything.