"The ACA is a product of naked and enormous self-interest and an act of public-interest legislative politics of the highest order; way too expensive and not nearly expensive enough; the result of a seriously bipartisan and excessively partisan process; covered better than any similar public policy controversy in the history of the modern media and not covered well enough at all; done way, way too fast and way, way too slowly; and a vitally important piece of social policy legislation that will save or improve the lives of many, many Americans and a huge experiment that will harm or burden the lives of many many Americans."
This book is a fantastic dive into the legislative process and structure of the Affordable Care Act. The first part of the book largely looks at the process that led to the construction of the law. Starting with the framework of the bipartisan scaffolding in the Massachusetts law and an era of good feeling as Senator Baucus attempted to court key Republican legislators. This start of the process led to many key portions of the act, particularly those involving fraud and abuse and biologics, to involve a great deal of input from key Republican legislators. Indeed, it surprised me how much Grassley was involved in the legislative project and in a way there seems to be a comparative number of ideas that came from him and his staff than those ideas that came from President Obama.
The second part of the book, in my view the heart, outlines the policies that make up the Affordable Care Act. The author does not focus on implementation and I think this choice was good. Certainly in practice some key parts of the ACA such as the medical loss ratio, the individual mandate, the Cadillac tax, the public health prevention fund, and the program for hospital readmission reduction, have not gone as planned either because of politics or unforeseen policy consequences. A brief(er) outline of the law:
Title 1: What most people think of when they think of the ACA is the individual market, which is created by this act along with the regulations that govern these plans as well as extend to employer plans and small group plans. "Obamacare" plans are those on the individual market that are subject to almost all the rules of guaranteed issue, essential health benefits, etc.
Title 2: Medicaid Expansion as implemented has been a much more powerful part of the ACA then thought at the time though also a less powerful part as states have been able to opt out. Although I was interested to notice that Medicaid without the expansion was optional and not in all 50 states until 81
Title 3: Medicare changes. A lot of these have not been the political flash-points that have been present in Title 1 and elsewhere in the law. They encompass administrative simplification, innovation of payment models, bundling, and readmission requirements.
Title 4: Prevention portions of the law: This part gives the USPSTF more teeth and at the same time was embroiled in controversy over mammograms as I have, frustrated, noted before. It also established the Prevention and Public Health fund as well as funding for community health centers and a decent number of other projects.
Title 5: Workforce provisions: As the ACA has moved us toward universal coverage I have seen experts say that the problems of access in America will start looking more and more like a shortage of primary care than of lack of insurance. Title V did not go far enough but it did expand scholarship as well as make attempts to expand primary care training and incentive to expand access in areas that have a shortage of doctors.
Title 6: Addresses conflicts of interest, public reporting of quality information and compliance, creates comparative clinical outcomes research public private partnership, looks at Fraud and abuse. This title is a broad array of programs that don't fit anywhere else
Title 7: Biosimilar twelve year exclusivity period. That's pretty much it
Title 8: CLASS Act: Long term care insurance that pays out money if a person becomes disabled enough to need help living in the day to day life. TBH I did not even know this was in the ACA. Or if I had at some point I had forgotten.
Title 9: Revenue, from high income, to insurance, to tanning beds, to closing loopholes on fuel. This is a lot of how the ACA was paid for (along with title 3)
Title 10 and the sidecar reconciliation edited all of the previous titles.
I really really liked this book.