After dealing with the US Election last week and having to defend so many of my beliefs to some family members who have wildly different stances than I do, seeing that the next chapter in the text is on the 2010 Patient Protection and Affordable Care Act resulted in a reaction very similar to this one.

It's been an exhausting week for everyone in the US I would imagine, regardless of political views or stance. On top of the pandemic and the ongoing stress of work, school, etc., there has been a considerable amount of political unrest, especially in the last couple of weeks. It's almost over though. I hope.
Anyways. I apologize for the tangent. The next topic we're discussing in this bioethics course is chapter 17 of Medical Ethics, titled, "Ethical Issues of the Patient Protection and Affordable Care Act". I know that healthcare in the US is a complex topic, and the author of the textbook did an excellent job providing a brief historical overview and arguments both for and against the ACA. Since a majority of the historical information presented in this chapter seemed to be more for context than for ethical consideration, I am going to dedicate this blog post to the moral and ethical dilemmas of the ACA since that is a more relevant topic at the moment. There are valid arguments on both sides of this, some points stronger than others; but today I'm not arguing, I'm simply presenting a case.
Opposing the ACA:
#1. Illegal Immigrants
In short, forcing employers to provide medical coverage to illegal workers will break the bank (Pence 426). Some states are currently spending upwards of $1 billion on medical care for illegal immigrants. America can't afford to open its borders and give away medical coverage and jobs to everyone who wants to enter. This quickly becomes a slippery slope, in that if we provide care to some people in some cases, where is the line going to be drawn? The green card and "naturalization" processes are long, drawn-out, and difficult. Yet the Trump administration was dedicated to making it more difficult. Some Americans without medical coverage may resent the fact that undocumented workers can get some medical benefits.
#2. Federal Bureaucracy is Inefficient
Critics of the ACA claim that it will create an expanded bureaucracy in healthcare in the US (Pence 428). They also predict that it will become another end stage renal disease program, one with runaway costs, no incentives for physicians or patients to minimize them, and no real accountability. What is the role of the federal government in medical care and how large should it be allowed to grow? Many of the states resisting Medicaid expansion are more fiscally conservative, and presently many states must choose between fully funding universities, Medicaid, or prisons, due to the fact that citizens consistently vote against raising taxes, and therefore states are dealing with a zero-sum budget.
#3. Government Cannot Make Medical Finance Rational
A long-standing struggle of balance exists between equality and liberty, and while involuntary taxation is abhorrent to some, transfers of income mean taxation. For a universal coverage plan to work, patients would not be allowed to opt out of the system, which is a problem that eventually undermined the Canadian system. This stance suggests that instead of socialized, or publicly owned, medicine, the US needs a real market of supply and demand because the ACA brings too much equality at the expense of personal liberty.
#'s 4 & 5. Health Care is Not a Right
The problem with thinking of healthcare as a right is that America was founded on rights to be left alone, to pursue happiness, and to function generally without governmental interference (Pence 430). This freedom is different from a "freedom to" which functions as a right to a service from others, or an entitlement. States will eventually be in a bind when voters refuse tax increases but demand more services. There is also the issue of what qualifies as basic medical care, and what coverage should be provided and what should not--it all blends together. This also leads to problems along the edges, like defining citizenship and eligibility, as well as the rights of someone who has recently become a citizen versus someone who has been paying into the system for a lifetime. There is also the obstacle of small, inefficient hospitals in areas where the citizens claim their existence as a right even though they are costly and inefficient.
The author also poses the consideration that the more health care is seen as a right, the more people will tend to seek medical care in more circumstances (Pence 433). It also exists as an issue, that Medicare generally extends the lifespan, and the oldest members of a population are the most costly. It is interesting to note that, as it currently stands, Medicare will run out of money in 2026 and Social Security in 2033. It is not difficult to justify covering most of the adult, working poor, but covering the last few percent is expensive because those patients suffer more severe conditions and a "just limit" cannot be fully defined.
#6. Intergenerational Injustice
Opponents of the ACA state that funding the ACA will create a massive battle of intergenerational justice, starting with the Baby Boomers. Currently, today's young workers pay for the Medicare benefits going to today's elderly, opposing the claim that they paid for Medicare while they were working (Pence 436). The ACA will sentence all younger generations to what could be considered tax slavery to pay for more medical care for more seniors who are living increasingly longer lives. States refusing to expand Medicaid might be doing the young a favor by refusing to establish an entitlement of universal medical coverage and yoking them to the tax burden.
Favoring the ACA:
#1. Illegal Immigrants
Many Americans believe that illegal workers don't pay FICA or income taxes, when in fact they do. The IRS issues identification numbers to illegal workers (gangsters, drug runners, illegal immigrants, etc.) to collect the taxes on their paychecks. Studies in 2013 discovered that immigrants created a surplus in Medicare that far outweighed the deficit from established Americans (Pence 427). Providing illegal immigrants a legal pathway to citizenship would help finance the ACA, and with controlled, regulated, legal immigration, the US population could grow to nearly 400 million by 2050.
#2. Greater Efficiency
The ACA could eliminate the overhead, profit, and waste of multiple private insurers to cover medical care for poor people (Pence 427). Current costs of the ACA are predicted to be 25% less than the original estimate because not all states have expanded their Medicaid coverage.
#3. Making Medicine Rational
The ACA banned insurance companies from including experience ratings and assumes that coverage is a moral enterprise of sharing risk to help others who may be less fortunate (Pence 429). It also attempts to cover and control costs by setting up systems to encourage evidence-based medicine. For example, Medicare currently reimburses physicians for almost any treatment that works or that might work as opposed to some private insurance companies that reimburse much higher for procedures than for preventative care. The ACA also sets up review panels to rationally evaluate what, if any, intervention/treatment is necessary or will work best for a particular patient.
#4. Minimal Health Care is a Right
If justice is indeed fairness, as claimed by philosopher John Rawls, then it requires universal medical coverage because justice applies to the basic structure of society, including healthcare (Pence 431). Rawls understood that the world is naturally unfair, but claimed that a just government would reduce natural inequality while preserving liberty. Prior to the ACA, 46 million Americans lacked medical coverage, which is a massive and unjust structural inequality. The current American medical system is obviously unjust because the poor are not better off under it than under an egalitarian system where care would be more equal. As for a real market approach to controlled medical finance, it would not hold up. There would be no medical insurance, no reimbursement, and prices would tumble. In a true market, medical professionals would stop working with patients to overcome disease, but rather both would be working against the other in an attempt to achieve financial gain. It is also true that if healthcare wasn't subsidized, many people who could afford care would make foolish decisions (e.g., opting for a car instead of a hip replacement, etc.), similar to those that people without insurance are facing today.
#5. Costs Can Be Controlled
In 2007, the top 10 pharmaceutical companies made more profits than the other 490 Fortune 500 companies and medical device manufacturers also made massive profits (Pence 435). Taxing these companies to fund medical services for more patients is not an unreasonable goal. Fixing Medicare and Social Security is feasible, incremental changes will have to be implemented, but they are projected to produce positive long-term results. For example, the age of eligibility for Social Security has been raised, the Medicare payroll tax has increased for married, employed couples, and the amount that can be sheltered from taxes in spending accounts has dropped which results in an increase in taxes. The ACA also raised the tax for the wealthy for hospitals, as well as the taxes on capital gains, royalties, and dividends. None of these new taxes are earth-shattering or much of a burden to those paying them. Without change, Medicare would have continued increasing in costs, so it was necessary to make some changes so that millions of Americans would not have to worry about a total lack of medical coverage or paying more costly premiums each year for lesser coverage.
#6. No Intergenerational Injustice
Proponents of the ACA claim that no intergenerational injustice exists (Pence 437). Four claims are made here by the author, that under a veil of ignorance everyone would choose to insure themselves against being injured and having no coverage, many young people without insurance are currently not paying anything into the system, some seniors who make upwards of $250,000/year should not be provided free Medicare, and not expanding Medicare is unjust and violates the idea that the whole country is creating an environment for community rating.
In conclusion? I'm not sure. The author concludes that, in the long run, a national, single-payer system is the only sustainable option (Pence 440). In other words, a system where everyone receives comprehensive coverage regardless of their ability to pay, one where the single-payer is the government. There is also a more moderate proposal of a "public option", where those Americans who currently have coverage through their employers would retain that coverage while enrolling everyone else in a government-regulated plan. In essence, healthcare is complicated and there is no one perfect solution. It is important to understand what goes into the various plans though and to not jump onto bandwagons just because certain people are endorsing them. Personal education and consideration will always be important, especially in a democratic country where the voters make many of the decisions.
Textbook reference:
Pence, Gregory. Medical Ethics: Accounts of Ground-Breaking Cases. 9th ed., McGraw Hill, 2021.