Why did Democrats choose to outlaw the best insurance plans?

Some time ago, when President Obama was trying to get support for his health care reform plan, he said “If you like your health care plan, you’ll be able to keep your health care plan, period. No one will take it away, no matter what.” Since then, the ACA has lead to the cancellation of plans used by millions of people, and everyone in the industry knew this was going to happen. Supporters of the President and the PPACA seem to know that this looks rather bad, so they’ve tried to defending it by saying things like this: “[Obama’s] defense was that companies drop people every year; that the cancelled plans were shabby; and that, once people saw the great deals on healthcare.gov, they wouldn’t want their old ones anyway. That just seemed to make people angrier, though he was no doubt right about the plans.” [Emphasis mine.] So that’s the new line from Democrats: You can’t keep your health care plan, even if you like it, because it’s shabby. There is “no doubt” about this shabbiness.

In fact, I haven’t seen any of the laws defenders present evidence that the plans that got cancelled were shabby. Reading this, or this, or this suggests that some people out there liked their plans until they were cancelled, and don’t like the alternatives being offered on the exchanges very much.

Okay, so some people say that Obama cancelled only “shabby” plans while others say that Obama cancelled good plans that they would have liked to keep. So who’s telling the truth? I’ve found no defender of the law who’s willing to tell as basic truth: some plans were cancelled not because they offered too little coverage, but rather because they offered too much coverage. As the non-partisan site RealClearPolitics explains:

Imagine a school where 59, 71, 82, and 90 are passing grades-but 66, 73, 85, and 98 are failing (subpar) grades. Ponder that for a moment, and ask yourself whether you can discern any logic. No? Welcome to the ACA School.

By now, many are familiar with a few of the ACA’s “subpar” definitions. In the individual and small-group markets, for example, every ACA-compliant plan must cover officially defined essential health benefits or be deemed subpar: A 62-year-old woman’s plan must cover prostate screenings; her son’s plan must cover pap smears; and an elderly nun must be insured against pregnancy costs. But the ACA’s mystery grading system is even more surreal.

It is in the realm of actuarial value (AV) requirements where the law demands pointless standardization. AV measures the extent to which a policy covers the average enrollee’s medical expenses. On average, for example, a plan with an AV of 63 percent covers 63 percent of enrollees’ medical costs.

All ACA-compliant plans must fit within four “metallic” bands. A platinum plan covers around 90 percent of an enrollee’s costs, with a 2 percent tolerance in either direction. Thus, a platinum plan covers between 88 and 92 percent of costs. A less expensive gold plan covers between 78 and 82 percent of expenses. A silver plan’s AV falls between 68 and 72 percent. Finally, bronze plans cover between 58 and 62 percent.

One of us (Pat) works with a small employer whose insurance policy has a 96.9 percent AV. The employer pays 100 percent of the employees’ premiums. The ACA views this plan as subpar because it pays too high a percentage of the employees’ medical costs. To be ACA-compliant, this group will must now provide fewer benefits. When employees get sick, the ACA insists that they face higher out-of-pocket costs.

Think of Pat’s client as the student with the highest GPA in the class. Typically, this student would be valedictorian. At the ACA School, however, the art teacher/principal says sternly, “I’m deeply disappointed in your performance. Unless you want an F this semester, you had better answer more questions incorrectly and miss some deadlines. Consider this a warning.”

So, far from canceling only shabby plans, Obama & co. cancelled some plans because they were too good and covered too much. This law is called the Patient Protection and Affordable Care Act. More and more, that title is seeming less like a joke and more like a series of jokes. Every word is a separate joke, kind of like Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan. What justification is there for outlawing the plans that offer the most thorough coverage and forcing people to buy plans that have less thorough coverage?

“As the non-partisan site RealClearPolitics explains…”

Haha. I held it together up to that one.

Obama’s been cancelling insurance plans? Which article of the constitution gives him that power again?

Are they known for being partisan? The wikipedia page on them doesn’t have any criticism noted.

The Constitution gives no part of the federal government any such power, unless you’re willing to make a great stretch of the commerce clause. Nevertheless Obama and Congressional Democrats passed the PPACA, which outlaws certain insurance plans. I would have assumed that everyone knew this by now.

Ah yes, the old right wing lies cites strike again.

Plans that were too good were not “outlawed”.

First of all, they produce very little of their own content, so it’s a bit like citing an SDMB thread and calling it non-partisan (though the selected articles are a bit like the Hannity and Colmes show, right-wing while pretending to be balanced). Second, what little content they do produce is right-leaning. And third, and probably most importantly, this particular article was produced by the Mercatus Center–a right-wing think tank.

It’s just laughable and terribly blindered to think an article from RCP represents an objective take. In particular, this entire article hinges on the premise that a plan that provides more than 92% AV is illegal under Obamacare. Do you see them support that premise anywhere? Maybe it’s true and maybe it isn’t, but serious authors wouldn’t just ask you to take their word for it.

Hey, they provided a perfectly valid anecdote about “Pat”!

Outlawed plans were grandfathered. Your 2nd link admits that only significant changes would make the plan lose that status. So if people have the same plan that Obama said they wouldn’t lose then they can keep it even if it is shoddy. And just because people like their policy doesn’t mean it isn’t shoddy.

Come on guys, the question wasn’t “does the ACA outlaw the best plans?” but “why did the Democrats outlaw the best plans?”

So, are the Democrats 1) dumb, 2) stupid, or 3) evil?

After some research, AFAICT the article makes two mistakes, one a pretty obvious factual mistake and the other a questionable legal judgment.

The factual mistake is the conclusion that Obamacare makes any plan illegal which does not fit a metal tier. In fact, the metal tiers only apply to plans which are offered on the Exchange. But no one is obligated to buy a plan from the Exchange, and employers especially may have little incentive to do so.

The legal mistake is the conclusion that the band ranges prevent plans that exceed the range from being marketed on the Exchange in that range. The reasoning seems to be that since the range is +/-2, then a plan with an AV of 85 cannot be marketed as gold because it exceeds 82. But that’s a rather counter-intuitive result to hang entirely on the little +/- symbol, isn’t it? Is there any other evidence that actuarial values in the middle ranges are not allowed to be marketed at the lowest band for which they qualify?

^

Actually, it’s not clear to me now if small group plans can be off-exchange.

For better or worse that ship has long since sailed.

Aetna sit me a letter saying they were raising the price of my admittedly crappy plan because of the ACA, so I got a better plan cheaper on H.Gov. The ACA won’t fix our health insurance system but at least somebody dropped a bomb down the plugged up toilet, be pretty cool when it blows up next year…

You have a colorful way with metaphor. Mostly brown.

Some small business plans were eliminated because they were considered ‘too rich’ to be offered on the exchange. The plan itself wasn’t outlawed, but the price would have to have been raised significantly to meet the 90% platinum plan threshold.

Another clear-eyed and dispassionate evaluation of the ACA and its commonalities with Pol Pot.

That’s funny, because the Supreme Court says that it does. I would have assumed everyone knew this by now.

Can you provide a link to the criteria for inclusion on the exchanges for us?

Then they should have defined Platinum as 88%+, Gold as 78%+, and so on. Defining Platinum as 90 (plus or minus) 2 when it’s really 90 (plus 10 or minus 2) is pretty stupid.