Obamacare – America’s Greatest Legislation Since the Civil Rights Act?

Obamacare – America’s Greatest Legislation Since the Civil Rights Act?

Obamacare is the moniker for the Affordable Care Act.  Unfortunately, a lot of people thought the last thing Obamacare would do was make health care more affordable.  Yet, early signs are pointing in the direction of a long-term change in America’s cost of providing health services.

The November, 2013 White House report on “Trends in Health Care Cost Growth” provides a plethora of data supporting declining health care costs.  Growth in health care cost per capita at 1% in 2011 was the lowest since record keeping began in the 1960s.  Health care inflation now seems to be about the same as general inflation, after 5 decades of consistently outpacing other price increases.  And Congressional Budget Office (CBO) projections of Medicare/Medicaid cost as a percent of Gross Domestic Product (GDP) have declined substantially since 2010.

Of course, one could easily accuse the White House of being self-serving with this report.  But at a February National Association of Corporate Directors Chicago Conference on health care,

all agreed that, indeed, the world has changed as a result of Obamacare.  And one short-term outcome is American health care trending toward greater affordability.

How Obamacare accomplished this, however, is not at all obvious.

Abdication: that is the word which best desribed patient health care choices for the last several decades.  Patients simply did whatever they were told to do.  If a test was administered, or a procedure recommended, or a referral to a specialist given, or a drug prescribed patients simply did what they were told – “as long as the insurance paid.”

The process of health care implementation, how patients were treated, was specified by medical professionals in conjunction with insurance companies and Medicare.   Patients had little – or nothing – to do with the decision making process.  The service was either offered, and largely free, or it wasn’t offered.

In effect, Americans abdicated health care decision-making to others.  The decisions about what would be treated, when and how was almost wholly made without patient involvement.  And what would be charged, as well as who would pay, was also made by someone other than the patient.  The patient had no involvement in determining if there was any sort of cost/benefit analysis, or the comparing of different care options.

Insurance companies dickered with providers over pricing.  Then employers dickered with insurance companies over what would be covered in a plan, what the price would be and what percentage was paid by the insurance company and what would be paid by patients.  When a patient needed treatment either the employer’s insurance company paid, after a negotiation on price with the provider, or the insurance company did not.  And patients largely consumed whatever care was offered under their plan.

Or, if it was Medicare the same process applied, just substitute for “employer” the words “a government agency.”

Americans had abdicated the decision-making process for health care to a cumbersome process that involved medical professionals, insurance companies and employers.  While patients may have acted like health care was free, everyone knew it was not free.  But the process of deciding what would be done, pricing and measuring benefits had been abdicated by patients to this process years ago.

Obamacare moves Americans from a world of abdication to a world of accountability.  Everyone now has to be insured, so the decision about what coverage each person has, at what level and cost, is now in the hands of the patient.  Rather than a single employer option, patients have a veritable smorgasboard of coverage options from which they can select.  And this begins the process of making each person accountable for their health care cost.

When people receive treatment, by and large more is now being paid by the patient.  And once people had to start paying, they had to be accountable for the cost (higher deductibles and co-pays had already started this process before Obamacare.)  When people became accountable for the cost, a lot more questions started to be asked about the price and the benefit.  Instead of consuming everything that was available, because there was no cost implication, patient accountability for some of the cost has now forced people to ask questions before committing to treatments.

Higher accountability now has consumers (patients) asking for more choices.  And more choices pushes providers to realize that price and delivery make a difference to the patient – who is now a decision-making buyer.

In economic lingo, accountability is changing the health care demand and supply curves.  Previously there was no elasticity of demand.  Patients had no incentives to reduce demand, as health care was perceived as free.  Providers had no incentive to alter supply, because the more they supplied the more they were paid.  Both supply and demand went straight up, because there was no pricing element to stand in the way of both increasing geometrically.

But now patients are making decisions which alter demand. Increasingly they determine what procedures to have, based on price and expected outcomes. And supply is now altered based upon provider and price.  Patients can shop amongst hospitals and outpatient facilities to determine the cost of minor surgery, for example, and decide which solution they prefer.  More services, at different locations and different price points alter the supply curve, and make an impact on the demand curve.  We now have elasticity in both demand and supply.

A patient with a mild heart arythmia can decide if they really need an in-house EKG with a cardiologist review, or substitute an EKG detected from a smartphone diagnosed by an EKG tech remotely.  With both services offered at very different price points (and a host of options in the middle,) it is possible for the patient to change their demand for something like an EKG – and on to total cost of cardiac care.  They may buy more of some care, such as services they find less costly, or providers that are less pricey, and less of another service which is more costly due to the service, the provider or a combination of the two.

And thus accountability starts us down the road to greater affordability.

In distribution terms, the old system was a “wholesale system” which had very expensive suppliers with pricing which was opaque – and often very bizarre.  Pricing was impossible to understand.  Middlemen in insurance companies hired by employers tried to determine what services should be given to patients, and at what prices for the employers (not the patient) to pay.  This wholesale distribution method of health care drove prices up.  Neither those creating demand (patients) or those offering the supply (medical providers) had any incentive to use less health care or lower the price.  And often it left both the patient and the supplier extremely unhappy with how they were treated by arbitrary middle men more interested in groups than individuals.

But the new system is a retail system.  Because the patient no longer abdicates decision making to middle-men, and instead is accountable for the health care they receive and the price they pay. It is creating a far more rational pricing system, and generating new curves that are starting to balance both supply and demand; while simultaneously encouraging the implementation of new options that provide the ability to enhance the service and/or outcome at lower price points.

Obamacare is just beginning its implementation.  “The devil is in the details,” and as we saw with the government web site for exchanges there have been many, many glitches.  As with anything so encompassing and complex, there are lots of SNAFUs. The market is still far from transparent, and patients are far from educated, much less fully informed, decision makers. There is a lot of confusion amongst providers, suppliers and patients.  Regulations are unclear, and not always handled consistently or judiciously.

But, America has made one heck of a start toward containing something which has overhung economic growth since the 1970s.  The health care cost trend is toward greater price visibility, smarter consumers, more options and lower health care costs both short- and long-term.

In the 1960s Congress, and the nation, was deeply divided over passing the Civil Rights Act.  Its impact would be significant on both the way of life for many people, and the economy.  How it would shape America was unclear, and many opposed its passage.  Called for by President Kennedy, President Johnson worked hard – and with lots of strong-arming – to obtain its passage after Kennedy’s death.

After a lot of haggling, some Congressional trickery, filibustering and a lot of legal challenges, the Civil Rights Act was passed in 1964 and it ushered in a new wave of economic growth as it freed resources to add to the American economy instead of being held back.  It was a game changer for the nation, and 40 years later, it’s hard to imagine an America without the gains made by the Civil Rights Act.

Looking 40 years forward, Obamacare – the ACA – may well be legislation that is seen as an economic game changer.  Although its passage was bruising to many in the nation, it changed health care from a system of patient abdication to one of patient accountability, and thereby directed health care toward greater affordability for the country and its citizens.

 

 

Hostess’ Twinkie Defense Is a Failure

Hostess Brands filed for liquidation this week.  Management blamed its workforce for the failure.  That is straightforward scapegoating.

In 1978 Dan White killed San Francisco's mayor George Moscone and city supervisor Harvey Milk.  The press labeled his defense the "Twinkie Defense" because he claimed eating sugary junk food – like Twinkies – caused diminished capacity.  Amazingly the jury bought it, and convicted him of manslaughter instead of murder saying he really wasn't responsible for his own actions.  An outraged city rioted.

Nobody is rioting, but management's claim that unions caused Hostess failure is just as outrageous. 

Founded in 1930 as Interstate Bakeries Co. (IBC) the company did fine for years. But changing consumer tastes, including nutrition desires, changed how much Wonder Bread, Twinkies, HoHos and Honey Buns people would buy — and most especially affected the price – which was wholly unable to keep up with inflation. This trend was clear in the early 1980s, as prices were stagnant and margins kept declining due to higher costs for grain and petroleum to fuel the country's largest truck fleet delivering daily baked goods to grocers.

IBC kept focusing on operating improvements and better fleet optimization to control rising costs, but the company was unwilling to do anything about the product line.  To keep funding lower margins the company added debt, piling on $450M by 2004 when forced to file bankruptcy due to its inability to pay bills.  For 5 years financial engineers from consultancies and investment banks worked to find a way out of bankruptcy, and settled on adding even MORE debt, so that – perversely – in 2009 the renamed Hostess had $670M of debt – at least 2/3 the total asset value!

Since then, still trying to sell the same products, margins continued declining.  Hostess lost a combined $250M over the last 3 years. 

The obvious problem is leadership kept trying to sell the same products, using roughly the same business model, long, long, long after the products had become irrelevant.  "Demand was never an issue" a company spokesman said.  Yes, people bought Twinkies but NOT at a price which would cover costs (including debt service) and return a profit. 

In a last, desperate effort to keep the outdated model alive management decided the answer was another bankruptcy filing, and to take draconian cuts to wages and benefits.  This is tanatamount to management saying to those who sell wheat they expect to buy flour at 2/3 the market price – or to petroleum companies they expect to buy gasoline for $2.25/gallon.  Labor, like other suppliers, has a "market rate."  That management was unable to run a company which could pay the market rate for its labor is not the fault of the union.

By constantly trying to defend and extend its old business, leadership at Hostess killed the company.  But not realizing changing trends in foods made their products irrelevant – if not obsolete – and not changing Hostess leaders allowed margins to disintegrate.  Rather than developing new products which would be more marketable, priced for higher margin and provide growth that covered all costs Hostess leadership kept trying to financial engineer a solution to make their horse and buggy competitive with automobiles. 

And when they failed, management decided to scapegoat someone else.  Maybe eating too many Twinkies made the do it.  It's a Wonder the Ding Dongs running the company kept this Honey Bun alive by convincing HoHos to loan it money!  Blaming the unions is simply an inability of management to take responsibility for a complete failure to understand the marketplace, trends and the absolute requirement for new products.

We see this Twinkie Defense of businesses everywhere.  Sears has 23 consecutive quarters of declining same-store sales – but leadership blames everyone but themselves for not recognizing the shifting retail market and adjusting effectively. McDonald's returns to declining sales – a situation they were in 9 years ago – as the long-term trend to healthier eating in more stylish locations progresses; but the blame is not on management for missing the trend while constantly working to defend and extend the old business with actions like taking a slice of cheese off the 99cent burger.  Tribune completey misses the shift to on-line news as it tries to defend & extend its print business, but leadership, before and afater Mr. Zell invested, refuses to say they simply missed the trend and let competitors make Tribune obsolete and unable to cover costs. 

Businesses can adapt to trends.  It is possible to stop the never-ending chase for lower costs and better efficiency and instead invest in new products that meet emerging needs at higher margins.  Like the famous turnarounds at IBM and Apple, it is possible for leadership to change the company. 

But for too many leadership teams, it's a lot easier to blame it on the Twinkies.  Unfortunately, when that happens everyone loses.