Government Intervention in Health Care Markets is Practical,Necessary,and Morally Sound

P.L. 111–148.

Centers for Disease Control, “Community Engagement: Definitions and Organizing Concepts,” available at <http://www.cdc.gov/phppo/pce/part1.htm>(last visited August 1, 2012).

Leviticus, Chapter 23, v. 22.

Matthew, Chapter 25, v. 45.

Qu'ran, Sura 76, v. 8, available at <http://www.quranexplorer.com/Search/Default.aspx?q=feedthehungry&t=17&p=2>(last visited August 1, 2012).

Mosiah, Chapter 4, v. 26;

See also, Alma, Chapter 4, v. 13.

Acts 2:44–45.

Acts 11:29.

The Kaiser Henry J. Family Foundation. “Health Insurance Coverage of Children 0–18 Living in Poverty (under 100% FPL), states (2009–2010,” available at <http://www.statehealthfacts.org/comparetable.jsp?ind=128&cat=3>.

The Kaiser Henry J. Family Foundation., “Health Insurance Coverage of Adults 19–64 Living in Poverty (under 100% FPL), states (2009–2010) U.S. (2010),” available at <http://www.statehealthfacts.org/comparetable.jsp?typ=1&ind=131&cat=3&sub=177>(last visited August 1, 2012).

Some longitudinal research, cited by the Institute of Medicine, Care Without Coverage: Too Little, Too Late. 2002. National Academies Press. Washington, D.C., found that the uninsured have a 25% higher death rate than the insured.

Clancy P. Franks$ C.M. Gold M. R. , “Health Insurance and Mortality: Evidence from a National Cohort,” Journal of the American Medical Association 270, no.6 (1993): 737–741. This would suggest as many as 22,000 deaths per year are due to being uninsured today.

Dorn S.S. , Urban Institute, “Uninsured and Dying Because of It: Updating the Institute of Medicine Analysis on the Impact of Uninsurance on Mortality,” available at <http://www.pnhp.org/news/2008/january/make_that_22000_uni.php>(last visited August 1, 2012). Recent literature, based on a natural experiment permitting randomized clinical trial-like study conditions, confirms and strengthens the IOM's overarching judgment about very powerful health effects resulting from gaining health insurance.

Finkelstein The National Bureau of Economics Research, “The Oregon Health Insurance Experiment: Evidence from the First Year (2011) NBER Working Paper 17190,” available at <http://www.nber.org/papers/w17190>. This last paper also has a very useful discussion of key findings in the observational literature, and their inherent methodological limitations.

Nichols L. M. , “Stewardship,” “Connecting American Values with Health Reform,” Hastings Center, 2009, available at <http://www.thehastingscenter.org/Publications/SpecialReports/Detail.aspx?id=3528&terms=connecting+american+values+and+%23filename+*.html>(last visited August 18, 2012).

Acquinas T. , Summa Theologica: Second Part of the Second Part, Question 66, Article 7, available at <http://www.newadvent.org/summa/3066.htm#article7>(last visited August 18, 2012).

Stiglitz J. , Economics of the Public Sector, 3rd Edition, (New York: W. W. Norton and Company Incorporated, 2000).

U.S. Department of Heath and Human Services: Office of the National Coordinator of Health Information Technology, available at <http://healthit.hhs.gov/portal/server.pt/community/healthit_hhs_gov__home/1204>(last visited August 1, 2012).

Nichols L. M. , “Making Health Markets Work Better With Targeted Doses of Competition, Regulation, and Collaboration,” St. Louis University Journal of Health Law and Policy 5, no. 7 (DATE):7–26.

Ginsburg P. B. , Center for Studying Health System Change Research Brief, “Wide Variation in Hospital and Physician Payment Rates Evidence of Provider Market Power,” available at <http://hschange.org/CONTENT/1162/1162.pdf>(last visited August 1, 2012).

Nichols L. M. , “Are Market Forces Strong Enough to Deliver Efficient Health Care Systems? Confidence Is Waning,” Health Affairs March/April 2004;

Competition in the Healthcare Marketplace: Hearing Before the Subcomm. On Consumer Prot., Product Safety, and Ins. Of the Comm. On Commerce, Science, and Transp., 111th Cong. 85–99 (2009) (statement by Len M. Nichols).

Nichols L. M. Blumberg L. J. , “A Different Kind of ‘New Federalism’? The Health Insurance Portability and Accountability Act of 1996,” Health Affairs, 17, no.3 (1998):25–42.

Insurers compete for business through premiums that are more driven by risk selection than care management techniques, but transaction costs and regulations force more risk pooling than is commonly assumed. No one in any market is put in a risk category all by themselves, all are pooled to some degree.

Workers in large firms are in the most diverse risk pools, but even people buying in the non-group market are pooled with those the insurer anticipates to be similar health risks ( Pauly M. V. Nichols L. , “The Nongroup Insurance Market: Short on Facts, Long on Opinions and Policy Disputes,” Health Affairs, no. [2002]). And contrary to the theoretical predictions of the classic Rothschild-Stiglitz model of insurance market failure, in real life it is the low risk that find willing sellers, not the high risks.

Underwriting is a much more powerful part of the real world, even with transaction costs forcing some pooling, than theory often realized Newhouse J. P. , “Reimbursing Health Plans and Health Providers: Efficiency in Production Versus Selection,” Journal of Economic Literature 34, no. 3 (1996): 1236–1263.

Newhouse , Id., has a nice discussion of this relationship. Also see his book.

Newhouse J. P. , Pricing the Priceless: A Health Care Conundrum (Cambridge, MA: MIT Press, 2002).

See <http://www.ahipcoverage.com/2011/10/20/materials-from-ahip%E2%80%99s-summit-on-shared-accountability/>(last visited August 1, 2012); AHIP updates these counts regularly, for the payment models mentioned continue to spread. For more on AHIP's work in this area, see Higgins A. , “Early Lessons from Accountable Care Models in the Private Sector: Partnership between Health Plans and Providers,” Health Affairs 30, no. 9 (2011): 1718–1727; and

“Transforming Care Delivery,” AHIP Issue Brief, January 2012, available at <https://www.ahip.org/templates/Issues/documentResults.aspx?id=9677&cat=242>(last visited August 18, 2012).

1770, 103rd Congress, 1st Session, November 23, 1993. The Republican co-sponsors were: Chafee (RI), Dole (KN), Bond MO), Hatfield (OR), Bennett (UT), Hatch (UT), Danforth (MO) (CO), Gorton (WA), Simpson (WY), Stevens (AK), Warner (VA), Specter (PA), Faircloth (NC), Domenici (NM), Lugar (IN), Grassley (IA), Durenberger (MN)21. The American Conservative Union, available at <http://conservative.org/american-conservative-union-announces-2011-ratings-of-congress/14126/>(last visited August 1, 2012).

Nichols L. M. , “Health Reform Massachusetts Style: Ink Blot Test and Lesson for Us All,” New America Foundation Health Policy Program Issue Brief 2 (2006): 1–3, available at <http://www.newamerica.net/files/nafmigration/Doc_File_3030_1.pdf>(last visited August 20, 2012).

CBO Analysis of US House Budget Committee Chairman Paul Ryan's Proposal, available at <http://budget.house.gov/News/DocumentSingle.aspx?DocumentID=288099>(last visited August 1, 2012);

CBO Analysis of US House Budget Committee Chairman Paul Ryan's Proposal, available at <http://www.cbo.gov/ftpdocs/121xx/doc12128/04–05-ryan_letter.pdf>(last visited August 1, 2012).

Id.

Pauly M. V. Herring B. , “Risk Pooling and Regulation: Policy and Reality in Today's Individual Health Insurance Market,” Health Affairs 26, no. 3 (2007): 770–779.

Flexner A. , Medical Education in the United States and Canada, Carnegie Foundation for Higher Education, 1910. New York (the text can be accessed free of charge on line at <http://www.archive.org/stream/medicaleducation00flexiala/medical-education00flexiala_djvu.txt>.

See <http://www.ahipcoverage.com/2011/10/20/materials-from-ahip%E2%80%99s-summit-on-shared-accountability/>(last visited August 1, 2012);

AHIP updates these counts regularly, for they continue to expand. For more on AHIP's work in this area, see Higgins , supra note 19;

and “Transforming Care Delivery,” supra note 19.

Congressional Budget Office, “Analysis of the Major Health Care Legislation Enacted in March 2010,” available at <http://www.cbo.gov/sites/default/files/cbofiles/ftpdocs/121xx/doc12119/03–30-healthcarelegislation.pdf>(last visited August 1, 2012).

Health CEOs for Health Reform, “Realigning US Health Care Incentives to Better Serve Patients and Taxpayers,” New America Foundation Health Policy Program White Paper, June 12, 2009.

See an example of a failsafe outlined in Baker H Daschle T. Dole B. Bipartisan Policy Center, “Crossing Our Lines: Working Together to Reform the US Health Care System,” available at <http://www.bipartisanpolicy.org/sites/default/files/BPC_Crossing_Our_Lines_Report.pdf>(last visited August 1, 2012).