Insurance Competition

by Don Boudreaux on December 16, 2009

in Competition, Complexity and Emergence, Health, Myths and Fallacies, Nanny State, Regulation

A Dr. Joel Harrison takes aim at Whole Foods’ CEO John Mackey’s reasons for rejecting Obamacare.  (HT Kristi Kendall)  Dr. Harrison’s aim is poor.  Here I address one of his off-target claims, to wit:

[Mackey proposes] Repealing mandates on what insurance must cover & state laws which prevent insurance companies from competing across state lines. [But, alleges Dr. Harrison,] Without some minimum national regulations and means of enforcement, companies will incorporate in states with the least regulations and enforcement, leaving consumers vulnerable.

Dr. Harrison here invokes the “race to the bottom” thesis — a thesis for which there is very little empirical support, at least at the level of international competition.  Chapter 4 of Nathan Jensen’s fine 2006 book Nation-States and the Multinational Corporation: A Political Economy of Foreign Direct Investment contains an especially good empirical test of this thesis and finds it to be incorrect.

Of course, international jurisdictional competition differs in some respects from intranational jurisdictional competition.  But the “race to the bottom” thesis seems unsupported at the intranational level, too.  Massachusetts and New York, for example, do not regulate and tax as lightly as do Texas and Mississippi.

But what about the logic of Dr. Harrison’s assertion that consumers will be “vulnerable” without national regulation?

Dr. Harrison presumes that competition takes place only at the stage of incorporation decisions – that is, when governments in the likes of Alabama, Utah, and Delaware compete against each other for corporate business.  He, though, ignores competition that takes place at other levels.

Most importantly, Dr. Harrison ignores competition among private insurers for customers.  The very same logic that might drive state governments to reduce regulations on insurers — drive state governments to better balance the costs of regulations against their benefits — also drives insurers to provide optimal policies for customers.

In both cases, an entity seeks greater patronage, and is driven by competition against similar entities to make their offerings more attractive to potential customers.  In one case, it’s state governments competing against each other for insurers to incorporate within their jurisdictions.  In the other case it’s insurers competing against each other to sell policies to consumers.

It’s inconsistent for Dr. Harrison to highlight competition operating vigorously at one level (among state governments) while ignoring competition at another level (among insurance companies).

Indeed, because state-government decisions are driven not solely (probably not even chiefly) by narrow economic concerns but, instead, by political considerations and symbolism — and because state governments have the power to tax — state governments are less likely to compete single-mindedly for whatever revenues they can get from more insurance-company incorporations than are insurance companies to compete single-mindedly for customers.

More generally, Dr. Harrison naively supposes either (1) that individual consumers are too ignorant or too docile to compare different insurance policies and then choose the ones that best fit their needs, or (2) that insurance companies will somehow not respond to this exercise of consumer choice.

Both of these suppositions are worse than questionable; we have lots of evidence that they’re empirically false.  Consider the abundance of ads on television, radio, the web,  billboards, and newspapers by auto-insurance companies competing for customers.  If insurers were unresponsive to customer demands — or if consumers were the ignorant and docile creatures that Dr. Harrison presumes them to be — these ads wouldn’t exist.  (Progressive Insurance even boasts about its ability to craft policies to fit very specific individual needs.)

Health-insurance ads are less plentiful, of course, than are ads for automobile insurance and for life insurance.  But this fact is surely the consequence of health-insurance being purchased chiefly through employers.  Health-insurance ads and sales pitches are aimed (as a result) at employers rather than at the public at large.

When I served as president of the Foundation for Economic Education (1997-2001), I was impressed by the vigorous sales pitches that different insurers made to me in their attempts to persuade me to offer their policies to my employees.  And these insurance salespeople never failed to point out to me what a good recruiting device this or that splendid feature of their health-insurance policies would be in attracting and retaining good employees.

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  • "Competition" is one of terms that we'll find in each business. We know this insurance service become on of the high demands in the market. How will be the winner of the competition? The high quality of service will answer that.

    To take a part of this big market and gain the profit, there many companies come to the surface and offer kinds of insurance. Businessman see the demands and customer need the service. Of course it makes a competition..

    Good article...
  • Steve McKinney
    I'm quite skeptical about this competition across state lines. My experience with credit cards, for instance, is that the contracts are all take it or leave it, they all have little type and language that is hard to decipher. In general we consumers face corporate lawyers who intend to obfuscate. We face corporations who try not to let us know what is really in our agreements, etc. This competition across state lines nonsense is really downloading the risk to consumers, some of whom I'm sure who have some very bad experiences with their cut rate insurance. Health insurance companies are out to make profits and have a record of putting profits above good health care.
  • Pri
    Employers may be customers but the employees are after all the consumers of the brand & if the employer doesn't keep in mind the employees' needs then the objective of incentive is not served. Food for thought?!
  • johndewey
    "Without some minimum national regulations and means of enforcement, companies will incorporate in states with the least regulations and enforcement, leaving consumers vulnerable."

    That's laughable. Three decades ago ERISA legislation allowed large companies who self-insure to escape from the burden of state mandates. As pointed out by the non-partisan Employee Benefit Research Institute:

    "As many as 73 million people, or 55% of those who get insurance through private-sector jobs, are covered in self-insured plans"

    These are the mostly the nation's largest corporations. Rather than "leaving consumers vulnerable", it is these largest employers who, despite being free of state mandates, offer employees the nation's premium health insurance plans.





  • Underwriterguy
    I posted this above, but think it helps in understanding johndewey's point. The large mulitsite, self insured employers escape, but the small group market would benefit from selling across state lines.

    Keep in mind that insurance company regulation is different from state mandated benefits. A state regulates the insurance companies licensed to do business in that state. These regulations cover solvency, customer service, complaints, etc.
    Regulation could stay at the state level even if we allowed insurance companies to sell across state lines; what we would hope to avoid is the costly sets of mandated benefits in states like NY and NJ. Their residents could buy any plan approved in any state (presumably one with fewer mandates and therefore cheaper) provided the insurance company was licensed in NY or NJ.
  • Marcus
    That's interesting. Thanks.
  • steamboatlion
    You haven't heard that those evil insurance companies do not cover dog houses in homeowner policies because state law doesn't mandate such coverage?

    It is obvious that it can't be the result of homeowners freely deciding that they'd rather not cover the risk of their dog house burning down and have a lower premium. It can't be that, because they think that homeowners insurance is free because their employers pay for it. Oh sorry, got it confused with that other type of "insurance"...
  • garryj68
  • Competition is not only good for consumers by raising quality and service and lowering prices, it is also good medicine for sellers and producers because it so often saves them from themselves, even when it forces them to close shop and pursue alternatives in which they will be better suited.

    The wonders that competition can do for heath care have already been seen in lasik eye surgery and cosmetic surgery, and would be spread to other areas of medicine and also make health insurance better and cheaper, if only our betters in the Congress would allow it.
  • mark
    "Without some minimum national regulations and means of enforcement, companies will incorporate in states with the least regulations and enforcement, leaving consumers vulnerable."

    What an arrogant jerk Dr. Harrison is. He thinks of consumers as preschoolers or something. OH NO! WE'RE GOING TO BE VULNERABLE!!!
  • eidolways
    Healthcare IS a right in other countries. So, what does our Constitution "guarantee?" The European Union's Constitution includes Health Care as a Right. The U.S. Supreme Court ruled in 1936 that Article II Section 8's "Promote the General Welfare" applied to Social Security. Medicare falls under this ruling. Though not binding, the Universal Declaration of Human Rights, signed by the United States, includes medical care as a right.

    What a frightening definition of "rights"! The definition of rights assumed here implies that all rights recognized as belonging to the people are not pre-existent and protected by governments, but instead descend directly from government diktat!

    The soul of the Declaration of Independence, wherein lie the words "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights", was all about recognizing that mankind was possessed of certain natural rights, and that the responsibility of government was the protection of those rights.

    The view taken in the article above is that government defines what rights are and, furthermore, may define those rights more or less as it pleases. Note that by defining healthcare as a right, they have - in so many words - stated that the people of their nation have a right to the goods and services of doctors, nurses, and other healthcare providers. In other words, they may not be denied care. In one fell swoop of the pen, healthcare providers have been made a sub-class of humans. What an odd end for a high-skill occupation!

    This definition of "rights" reminds me of an article I read at Mises.org: Inflating Away Our Human Rights
  • Barbarossa
    If social security is a "right," why is Bernie Madoff in jail?
  • Marcus
    "The U.S. Supreme Court ruled in 1936 that Article II Section 8's "Promote the General Welfare" applied to Social Security."

    The general welfare clause was not defining a power of Congress. It was defining a CONTEXT in which the enumerated powers which followed were to be understood. The above ruling is a gross twisting of the straight forward woding of the Constitution.

    The tragedy of granting a general power to Congress, which is what the Supreme Court effectively did, is that it completely undermines the purpose of having a constitution. There was no need to enumerate the powers of Congress if Congress had a general power.
  • I wish they would not have added the General Welfare language. Anything can be rationalized against that. Thomas Jefferson foresaw it a couple centuries ago:

    "Aided by a little sophistry on the words "general welfare," [the federal branch claim] a right to do not only the acts to effect that which are specifically enumerated and permitted, but whatsoever they shall think or pretend will be for the general welfare." --Thomas Jefferson to William Branch Giles, 1825. ME 16:147
  • Methinks1776
    Healthcare IS a right in other countries.

    I always find this amusing. Health care was a right in the Soviet Union as well, but a right is not a guarantee that you will get health care of the kind and in the amount and quality that you need. That right isn't worth the paper that it's printed on - as is the case for every "right" that descends from government diktat.

    In other words, they may not be denied care. In one fell swoop of the one, healthcare providers have been made a sub-class of humans. What an odd end for a high-skill occupation!

    In the Soviet Union doctors overcame this obstacle by refusing to provide care until an acceptable bribe was paid. Bribes can take too many forms to be adequately regulated by government, of course, busting the fantasy that making them illegal and increasing regulation will solve the "problem".

    Of course, in the U.S. the very good, in demand doctors will solve this problem for themselves by taking only patients who can pay out of pocket, leaving the dregs of the profession to make their medical mistakes on the masses yearning for free healthcare to which they have that oh so valuable right.
  • eidolways
    That right isn't worth the paper that it's printed on - as is the case for every "right" that descends from government diktat.

    Precisely!

    I find it funny that government officials would ever think they can create "rights". Do they have the right to create rights? A horrible joke, but I do have a point to make.

    If government is the provider of rights, then where does government get the authority to define what rights are? Government is a consortium of human beings who rule over others by force and/or majority consent. In other words, the only basis for the "rights" they claim exist is the same basis that undergirds their power: force and/or majority consent.

    A certain few individuals have simply set themselves up as the arbiters of rights regardless of the fact that they are, in the truth of the matter, the same in blood and bone as those they rule.

    The rights they construct have as much worth as one snowman saying to another, "You have the right not to melt in the sun."
  • Keith
    All we need now is muirgeo complaining that markets for health services are bad and this thread will be complete.
  • guest
    Sounds like a false choice to me -- Barring competition across state lines / allowing competition across state lines with regulation by domicile state / and allowing competition across state lines with federal product regulation are three different things. Even assuming there is a problem with #2, it doesn't eliminate #3.
  • Underwriterguy
    Keep in mind that insurance company regulation is different from state mandated benefits. A state regulates the insurance companies licensed to do business in that state. These regulations cover solvency, customer service, complaints, etc.
    Regulation could stay at the state level even if we allowed insurance companies to sell across state lines; what we would hope to avoid is the costly sets of mandated benefits in states like NY and NJ. Their residents could buy any plan approved in any state (presumably one with fewer mandates and therefore cheaper) provided the insurance company was licensed in NY or NJ.
  • sethstorm
    No, they know of the concept of "adverse selection" and "customers they can afford to lose", both of which apply towards the individual but not necessarily towards the bulk purchaser. The race to the bottom is the corner-cutting that happens too well in product quality - with the use of the previously mentioned concepts to push forward an otherwise undesired product/service(and call it "optimal").

    The bill should be about closing loopholes and discouraging customer dumping, not adding another healthcare system to the government.
  • Without some minimum national regulations and means of enforcement, companies will incorporate in states with the least regulations and enforcement, leaving consumers vulnerable.

    Another tip-off: consumers may be vulnerable to business, but never to politicians and bureaucrats.
  • JohnK
    Another tip-off: The use of the phrase "we are government".
  • Marcus
    "More generally, Dr. Harrison naively supposes either (1) that individual consumers are too ignorant or too docile to compare different insurance policies and then choose the ones that best fit their needs, or (2) that insurance companies will somehow not respond to this exercise of consumer choice."

    The irony of this is that businessmen often see free-market competition the same way as Harrison does: a race to the bottom.


    "Health-insurance ads and sales pitches are aimed (as a result) at employers rather than at the public at large."

    Which means employers, not employees, are the actual customers of health insurance.
  • Methinks1776
    The irony of this is that businessmen often see free-market competition the same way as Harrison does: a race to the bottom.

    Makes perfect sense. Those who most vocally express this sentiment usually understand that competition will bury them at the bottom of their industry.

    Which means employers, not employees, are the actual customers of health insurance.

    Since employers compete for employees, offering a health care scheme that employees want is important. Thus, I think that even though the employer does the actual choosing and buying, ultimately, it is the employees' preferences that are expressed.
  • johndewey
    "I think that even though the employer does the actual choosing and buying, ultimately, it is the employees' preferences that are expressed."

    To a certain extent, I agree. But employers desire to keep employees healthy, and encouraging routine health maintenance is one way to do so. That's the reason given by IBM earlier this year when they eliminated the copayment for routine medical exams. That's why my employer every year sets up rooms for dispensing flu shots.
  • Marcus
    "Since employers compete for employees, offering a health care scheme that employees want is important. Thus, I think that even though the employer does the actual choosing and buying, ultimately, it is the employees' preferences that are expressed."

    I don't disagree that that incentive exists. Where I would quibble is that that incentive isn't nearly as strong as when people buy their own insurance directly.

    I'll give 401k plans as an example. Making 401k plans employer provided puts employers in a position they shouldn't be in or in many cases, don't want to be in. That is, the position of deciding which investment options I'm allowed, as an employee, to invest in as part of a saving for retirement plan.

    It is not possible that the employers incentives line up entirely with mine. The fact is, if weren't for the tax advantages, I wouldn't be investing in any of the funds which are in my 401k plan.

    The same would be true for insurance. The one plan (one size fits all, I guess) which my employer offers isn't the plan I would choose. I don't want a 'cadillac' plan. All I want is catastrophic health insurance. I think having insurance pay for routine and expected expenses is absurd.

    I think having employers provide health insurance and retirement savings plans introduces gross inefficeincies into the market.
  • johndewey
    "The one plan (one size fits all, I guess) which my employer offers isn't the plan I would choose."

    It's probably not exactly the plan that any single employee would choose if he could select from a cafeteria of options. It is likely that the plan being offerred cost-effectively meets more of the needs/desires of the entire employee group than would any other plan.
  • Marcus
    I suppose the same could be said if employers provided employee housing.

    Thanks, but no thanks.
  • Methinks1776
    Of course, you're not obligated to take the employer's insurance policy.
  • Marcus
    So far! LOL! Meirgeo and his kind are working on that.

    Methinks, I do understand that. Somehow I'm not being clear on this. I wouldn't have any problem with employer provided health insurance or 401k's and such if they didn't receive the tax advantages they do.

    Or, alternatively, that non-employer provided benefits received the same tax advantages. For example, the 401k has the IRA as a non-employer provided alternative, unfortunately, it's severly limited in comparison.

    I understand that my not having to buy an employer provided benefit (when that option is actually available) is an important check. A better check is alternatives available from competition.
  • Methinks1776
    Muirpid's people are working on something for us. Oh Joy.

    I agree with you. Based on John Dewey's past posts, I don't think he would disagree. Some people posting here are against all employer provided benefits. John has (rightfully IMO) taken issue with that.
  • Marcus
    Meirgeo and his kind are working on that."

    Sorry, didn't mean to mispell the nick.

    "I understand that my not having to buy an employer provided benefit (when that option is actually available) is an important check. A better check is alternatives available from competition."

    I'm going to get bashed on that so let me put it another way. Bundling happens in the market. When it happens naturally, it's often because it's more efficient.

    Maybe that is what is happening with employer provided benefits too. Or, maybe it's happening because of government policies. If so, then, imho, it's more of a trap.
  • johndewey
    Marcus,

    I agree that some government policies influence the bundling of benefits. Because health benefits were shielded from personal income taxes, unions in the 50's and 60's bargained hard for maximum benefits. Union politicians such as my father wanted to keep their union jobs, and so they negotiated for medical benefit packages which would appeal to all workers. Many of the features of today's group health plans derived from the packages negotiated years ago by union leaders. Had the tax shield not been in place, those leaders might not have been so eager to obtain extensive health plans. Of course, that assumes that union members and their leaders understood enough economics to see what was happening - that total compensation would have been the same for union members regardless of whether the company funded the health benefits.
  • johndewey
    "I think having insurance pay for routine and expected expenses is absurd."

    Unfortunately for you, most employees do not agree. Of course, eliminating coverage for routine and expected expenses would do very little to reduce the cost of group health insurance. That's because the truly expected expenses are a very small part of the costs incurred by health insurance companies.

    IMO, eliminating coverage for routine checkups might increase the expenses incurred by health insurance companies. Many potentially serious illnesses and conditions are uncovered during so-called routine examinations and during treatment for non-catastrophic events.
  • Marcus
    That ignores the dangers of over-treatment and the associated opportunity costs.

    Also, I'm not sure about expected expenses not being a big part of insurance expense. For example, in your statistics, is pregnancy and expected or unexpected expense?

    I realize that there are certainly some big ticket items in the unexpected expenses department: heart attacks, cancer, etc.
  • johndewey
    "I'm not sure about expected expenses not being a big part of insurance expense"

    Do you have statistics to support your suggestion?

    The U.S. Department of Health and Human Services estimates for the national cost of various medical conditions. The ten conditions for which we pay the most for "visits to doctors' offices, clinics and emergency departments, hospital stays, home health care, and prescription medicines" are:

    Heart conditions—$76 billion.
    Trauma disorders—$72 billion.
    Cancer—$70 billion.
    Mental disorders, including depression—$56.0 billion.
    Asthma and chronic obstructive pulmonary disease—$54 billion.
    High blood pressure—$42 billion.
    Type 2 diabetes—$34 billion.
    Osteoarthritis and other joint diseases—$34 billion.
    Back problems—$32 billion.
    Normal childbirth—$32 billion.

    While it is true that normal childbirth is included, that condition accounts for only 6 percent of the total cost of these top ten conditions.

    Some may argue that care for mental illness, high blood pressure, and diabetes should be considered routine care. Speaking as one who is afflicted by two of those three medical conditions, I can assure you that the care is anything but routine. Anyone who has a relative afflicted with serious mental illness knows that the third condition is both unexpected and non-routine.
  • Methinks1776
    Can't disagree with any of that. Great work in fleshing that out too, Marcus. Thank you!
  • Perhaps we should distinguish that while employees are the payers (via their labors), employers are the deciders.
  • OregonGuy
    There are three tip-offs that the opinion you are listening to is one from the Left. They are the phrases "environmental concern," "controlling costs" and the word, "sustainability."

    Any of these words signal that the speaker has absolutely no idea of how market forces work to insure that the demands of the consumer are met by the producer.

    Mandates are the approved tool for overcoming market forces. Mandates protect the environment, control costs and provide sustainability. Mandates are good. Market forces are bad.
    .
  • muirgeo
    And your post shows you have no idea of or care of externalities that are not included in the cost of products the market creates but DO impinge on others liberties. Such things are inconvenient to nice neat theories of how the world works.
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