What? Congress allows health insurers an Antitrust law exemption?

I remember a number of years ago when Congress went after cereal manufacturers with an axe for price fixing. They ripped that industry a whole new butt over their criminal behavior and violation of  Antitrust laws that absolutely forbid market domination or price fixing among ‘competitors’.

suspicionFor years I have suspected that the health insurance companies in New York appeared to be price fixing. You just can’t get a competitive deal when you are shopping for health insurance. They are all coincidentally in the same ludicrous price range for single payers. And when I say “ludicrous,” I mean ludicrous.

In New York, you can’t get a crappy HMO for one person for less than around $900 bucks a month (not including copays and deductibles).  For a family, it’s closer to $2000  a month.  Blue Cross/Blue Shield is completely out of reach to the single payer. If you think I’m lying check this out. That’s one region. If you check out the other areas of New York, you will find the same bad or even worse news. Who the hell can afford that kind of money? The state offers lower cost coverage but the limits of income make it so the average middle class family can’t use the option. So, if they aren’t insured through an employer,  they are forced to either dish out close to $24,000 a year (not including copays and deductibles) to insure their families with an HMO that wants to kill them all — or go without insurance.

I noticed that only recently Excellus has begun to offer a lower cost policy, but again the maximum income amount to qualify is very low. And the benefits are dangerously inadequate:  For example, it limits the owner to $100,000 maximum life benefit.  One sickness and you have gone over the line. One heart attack and you’ve spent 100k before you are even on your feet again. This is exactly the kind of insurance that brings people who are insured into bankruptcy once a catastrophic illness visits the family. And of course, if you have a pre-existing condition you are screwed;  chest x-rays, cholesterol tests, pretty much all blood diagnostic tests aren’t covered, nor is a checkup.  X-rays for bones or injuries carry a hefty co-pay. Things like bone  density tests are not covered unless you have osteoporosis, although you have to wonder how you know you have it if you can’t get tested. You get the picture. The snowballs in summertime that come with this policy melt right in your hand.

I also noticed two other suspicious things about New York health insurance “options”.  First, there are always just a few choices for single pay consumers. I wondered what blocked others from competing.  Secondly, if you are a resident of New York State and you join a national organization that offers health insurance to its members, when you take a look at their insurance rates and benefits, you are specifically told that the benefit is “Not Available To New York Residents“. There is no doubt in my mind: Something very sinister is amiss among health insurers in New York. And New  York is not the only state in which consumers are shackled in this way. They are just, as usual, a glaring example.

This obviously smarmy health insurance situation in my state is why I have been hoping congress would allow us to cross state lines to purchase health insurance. I know for a fact that I can get at least two of the available single payer policies in my area for significantly less money simply by jumping state lines.  I would also have more choices.

As I watched this all unfold for single payers, I thought that the health insurers simply had our traditionally corrupt, thieving state legislative branch by the cajones. This was a great way to gouge people and so what if the insurance industry shared the winnings via contributions to politicians?

I was wrong. This situation is not caused by New York State legislators alone. The robbery goes much deeper than that. All the way up to the Federal level and all the way back to the 1940s.

screwedI just heard that Chuck Schumer is going after the insurers and submitting an amendment to “reverse” their exemption from Antitrust laws.

I practically jumped out of my seat when I heard this! Everything awful I have seen happening to insurance in my state all fell into place for me.

With the prices of health insurance out of reach for so many, health insurance companies have been blessed for decades with an exemption from Antitrust laws, effectively blessing their price fixing and blocking of other insurers in “their” areas?  What?????????

Can you believe this?

It took Schumer’s retaliation for this to be revealed?  Some say he’s angry because of the insurers’ TV ads telling everyone that their premiums are going to go up if a bill is passed. He’s angry so he’s lashing out at them. Whether this is true or not, the fact is, if this Antitrust exemption is true, then Congress has been helping Health Insurers screw America by allowing an exemption from a law that protects American consumers from gougers and competition. And when it comes to health insurance companies, Gouges R Us.

So basically, Schumer is inadvertently revealing  how Congress has been screwing us royally for God Knows How Long by sleeping so deeply with the health insurance industry, that they actually gave these monsters a free ticket to violate antitrust laws, block competition and overcharge us so they could pad that $80 billion in profits. A free pass that should have been revoked years ago.

I’m told that this Antitrust exemption dates back to the 1940s, so we can’t blame any recent Congress. However, I am sure the reason the original law was enacted was perhaps for startup purposes through the 1960s, to encourage insurers to start up their companies.  Whatever the reasoning, this was also the time well before abject greed kicked in with respect to health care. Those of you who remember the 70s also remember how totally inexpensive health insurance really was. Nobody thought much about it either. They didn’t have to call some miserable SOB at the insurance company to get approval for a procedure. Nobody threw them out of the hospital before they were ready to leave. There was no such thing as a “pre-existing” condition. If you needed a doctor, you went to see your doctor. Then the insurance company paid the majority of the bill and you were left with a small amount to pay.

That was then. This is now. And I am absolutely astounded that congress over the last 15 years knew this Antitrust exemption still existed while people suffered, but they did NOTHING about it. That means Democrats and Republicans together ignored our needs — when reversing this 1940s exemption that was no longer needed and was harmful to Americans could have solved a large part of the problem. Competition would have opened up. Price fixing would have been history, and we wouldn’t be in the position we are today. Yet, they did nothing. Nothing. Nada. Zilch. Zero.

Thank God the insurance industry ticked off Schumer, because the truth is, if this  exemption continues as-is without a public option to scare the bejesus out of the insurers, we are  surely still screwed.

When the cereal companies were price fixing, the worst that happened was we all paid a buck more a box for cold cereal and it all cost us roughly the same whether it was Cheerios or Wheaties.  That was bad. But thousands of dollars more for health insurance apparently didn’t bother our Congress at all. Well, let’s face it, that’s because the HMOs and other thieving insurers give these bought and paid for elected officials more money than cereal companies could ever come up with.

It all kind of makes you wonder how many people who are uninsured might have been able to afford it if Congress weren’t so “helpful”.

18 Responses

  1. UW: Thank God the insurance industry ticked off Schumer
    ==========
    And thank God for UW for bringing this to our attention.

    Never a missed opportunity with the DC power players.

  2. BRAVO UPPITY! Well Done!

  3. On another note, HuffPo is calling for Biden to resign. Arianna says it’s to “take a stand” on his anti-[Afghanistan, pro-Pakistan]-war principles.

    Me, I think she wants to cure foot-in-mouth disease in a quiet moment (and perhaps try to moot and put behind the Obama-Clinton fiasco.)

    Hmmm, Mrs. Vice President (Pelosi).

  4. My Dear Uppity,

    I have had health insurance which I pay for for only the last two years. I had none for the previous 10 years. If the prices for New Yorkers were NECESSARILY as high as you stated, I would still be without coverage.

    But I found a bargain, and I would like to let my fellow New Yorkers know about it. My coverage is with Atlantis aand I am paying less than $400 per month. I have had some unfortunate health-related incidents, coincidentally JUST during the last two years. During that time, Atlantis has paid upwards of $30,000 in claims. This has included surgery, hospitalization, check-ups etc. as well as all manner of tests (most test are free at a facility in Manhattan which is run by Atlantis). Doctor visits require just a $20 co-pay.

    So I feel like I’m doing OK, and just wanted others to know….

    -MS

  5. I’m glad to hear that Park! But don’t you find it odd that the NY State insurance department web site doesn’t list this as an option for single payers? And why not?

  6. Maybe Huffington thinks she’s president.

  7. Don’t know the answer to that one. But I work in an office where life and health insurance people are all around, and one of them made the connection for me…

    -MS

  8. “It all kind of makes you wonder how many people who are uninsured might have been able to afford it if Congress weren’t so “helpful”.”

    Seriously true, Uppity. Let us deduct our insurance premiums from our taxes. Open up state lines so competition increases. And do something so that insurance companies can’t use our money as their private investment pool that they gamble in the market with. That’s one part of the problem, we’re all paying more to help them cover their lost investments.

    Often if you can just get the government to get their fingers out of the process and their foots off of people’s necks, these things have a way of righting themselves. People are capable of providing for themselves as long as the Gov doesn’t throw too many stumbling blocks in their way.

  9. So basically, Park, you were lucky because you knew somebody who knows what’s out there. This kind of thing is not pubiic for a reason and it must be stopped.

  10. Who would have thought that the Congressional Cockroaches were at the bottom of all of this?

  11. USPS mailing of post card size messages is my main political activism tool; recipients are congressional [cough] representatives and various media outlets. There is no set schedule – just send out 5 dozen every time something really bothers me, and that averages out to weekly since January 2008! Thanks to your sharp eye [re antitrust exemption] I was able to squeeze in an extra complaint on today’s missive about transparency and the HC debacle.

  12. Wow amazing I did not know this, thanks for bringing this to our attention. I have stated here many times that the bulk of any health care reform should consist of consumer protections. It’s a little more complicated than that but most of the things that would make a meaningful difference actually come back in some way to consumer protection.

    Well I wish Senator Schumer the best because if his little anger fest come to fruition it will be the ONLY thing proposed so far that provides real consumer protection. Everything I’ve seen provides protection for various parts of corporate America and screws we the people; while still not managing to make adequate health care accessible to a large number of people.

  13. To the freelancers among us: the Freelancers Union has a variety of group medical, dental, disability, and life insurance policies. I don’t know whether they have them in all states, or even if they are as good as they sound. My freelancing future has been uncertain for the past few years (I’ve been at it for 13 years) so I haven’t joined, since they do want you to stick around once you’re in a plan.

    Prior to moving to NY in 2005, I could–barely–afford to pay my own Kaiser in California, then Oregon. (I had Kaiser for decades with brief experiences with other plans, and think that Kaiser is/was a terrific model for an HMO, as long as you stay informed on your conditions and are willing to argue if necessary or even request a new doctor.) I agree, Uppity–NY is outrageous in its costs and its lack of options for health insurance.

    Here’s the Freelancers Union site:
    http://www.freelancersunion.org

  14. Uppity, you’re last remark was very much to the point. That’s why I posted the named of my insurer. Hopefully, others can contact their insurance agents and ask about Atlantis. Seems like a good deal!

    -MS

  15. Wow. Just wow. Thoroughly revealing of the shadowy deals done decades ago in the back rooms. The progeny continuet to reap the benefits while the customers get nailed. Interesting that the insurance co’s have the no antitrust bliss. The medical profession on the other hand does not. And that is why the ins co’s continue to strike gold, while people get nailed with big bills and doctors get their paltry shillings in remibursements.

  16. Thank God for Uppity!

    Here in northwest Wisconsin (the boonies) :-) we recently applied for long term coverage
    for me, and I was a bit shocked when the
    application was accepted with a total of
    over $480 a month just for me.

    Good grief, considering the plight of NY
    people, I have no right to gripe and won’t.

    But this plan called, Community Health
    Partnership, that I’ll be enrolled in late this
    month covers anything I’d need and the
    premium will not go up. It’s income-based
    and I’ve been retired since 1983. No copays.
    http://www.communityhealthpartnership.com/

    My wife retires from her hospital job in
    a year and a half, where she will pay less
    than 10 bucks a month through the hospital
    plan when JO takes me off (I’m one
    of those high-maintenance spouses ;-)

    Both plans, great coverage. As many of you
    know, I had five weeks of daily radiation
    treatments in May and June to “cook” tumors
    in my chest. Success. I no longer fight for
    breath. Cost a fortune, which was all
    picked up by JO’s health plan.

    This same CHP outfit has a family plan
    which JO may join when she retires.
    http://www.communityhealthpartnership.com/members/cfc/

    Before reading UW’s excellent article (JO
    has worked all her career in the medical
    health ins dept of the hospital and even
    she was aghast at how much I had to pay
    monthly.

    Uppity put it in perspective. What, me worry?
    Fess up UW= you once worked in the
    insurance industry? NO? Wow. You’re like
    an all-knowing magician= PICK A CARRD….
    ANY CARD!!

    Thanks again for such a great post.

    H

  17. No Hall, I never worked in the insurance industry. I self insure. When you self insure you had better learn about it.

    By long term care, I am assuming you mean in the event you need care in a skilled facility? If so, considering it costs about 8k a month for that, 480 bucks is a steal. They would go thru your assets like chit thru a goose.

  18. It took them awhile to latch onto your good idea about insurance industry anti-trust exemption, but now they’ve ‘got it’. Trouble is, we are still going to get the whole health care reform ball of wax:

    …Pelosi told reporters a provision eliminating the health insurance industry’s exemption from federal antitrust law would be incorporated into the House measure.

    Officials said a similar move was under discussion in the Senate, part of a strong response to recent industry criticism of the legislation.

    White House press secretary Robert Gibbs declined to take a position on the antitrust proposal, saying it was under review.

    Similarly, Christine A. Varney, the head of the Justice Department’s antitrust division, testified before Congress recently that the administration “generally supports the idea of repealing antitrust exemptions. However, we take no position as to how and when Congress should address this issue.”

    Varney also said that repeal of current exemptions covering the industry would “allow competition to have a greater role in reforming health and medical malpractice insurance markets than would otherwise be the case.”

    The Senate negotiations have proceeded in unusual secrecy, attended by Reid, two Senate committee chairmen, Sen., Max Baucus, D-Mont., and Christopher Dodd, D-Conn., and a small group of administration officials led by White House Chief of Staff Rahm Emanuel.

    Nominally, their task is to merge bills cleared earlier in the year by two Senate committees. But in fact, they have a virtual free hand to draft legislation that Reid will then usher onto the Senate floor for one of the most widely anticipated debates in recent years.

    http://www.washingtonexaminer.com/politics/ap/pelosi-measure-stripping-insurers-antitrust-exemption-will-be-in-health-bill-65636042.html

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