Daniel Hemel: 'No, Guaranteed Issue and Community Rating Do Not Depend on an Individual Mandate'

No, Guaranteed Issue and Community Rating Do Not Depend on an Individual Mandate

Economist Robert Frank writes in this morning’s New York Times:

Republicans have promised to replace Obamacare with something better. Everyone, Mr. Trump included, insists that any plan must require insurers to offer affordable coverage to people with pre-existing health conditions. But that’s not possible financially unless the insured pool includes predominantly healthy people. . . . Failure to include a mandate would eliminate the freedom of citizens to purchase affordable health insurance. In such cases, we must decide which of the competing freedoms is more important.

Like every good liberal, I support the Affordable Care Act, including its guaranteed issue, adjusted community rating, and individual mandate provisions. [By “guaranteed issue,” I mean the requirement that health insurers must offer coverage to everyone — regardless of preexisting conditions. By “adjusted community rating,” I mean the rule that health insurers can’t charge higher premiums based on actual or expected health status. By “individual mandate,” I mean — of course — the requirement that individuals get health insurance coverage or pay a penalty.] But I don’t believe that an individual mandate is necessary if we want guaranteed issue and adjusted community rating. We can have guaranteed issue and adjusted community rating without an individual mandate — we’ll just need more generous subsidies.

Ultimately, if we’re going to maintain private health insurance markets instead of implementing a public option, we need health insurers to be breaking even or making a profit. Revenues must equal or exceed expenses. Requiring health insurers to cover individuals with preexisting conditions will raise expenses. So we need to provide an influx of revenues from some source.

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