I was recently taken to task as to why tort reform is more important to healthcare reform debate than public transit options, or, as I was corrected, just getting people out of their cars. I am not going to rehash the public transit portion of that discussion – an informed reader can make their own judgment as to the relevancy of that – but in the course of that discussion an interesting Congressional Budget Office (CBO) report on tort reform came to my attention.
As way of background, tort law deals with resolving damages from injury arising from negligence or other wrongful acts. In the context of healthcare, this could be a physician who is accussed of injuring a patient under their care in some way that is considered negligent. Tort reform refers to legislation that would seek to put limits and additional rules around the types of lawsuits that could be brought in those situations as well as the amount of compensation that could be won.
According to this specific CBO report, the CBO found that if the most common reforms were enacted, this would result in about $11 billion in savings. Not the silver bullet to our problem but it would help. However, what I found more fascinating was that it would also save an additional $41 billion from the federal budget over the next 10 years because it would reduce spending in Medicare and other government-run healthcare plans. The reason? The CBO says:
“One possible explanation for that disparity is that the bulk of Medicare’s spending is on a fee-for-service basis, whereas most private health care spending occurs through plans that manage care to some degree. Such plans limit the use of services that have marginal or no benefit to the patients (some of which might otherwise be provided as “defensive” medicine); in that way, plans control costs and keep premiums lower than they otherwise would be.”
Essentially, government run health care plans spend money on healthcare as it's delivered whether it's needed or not - folks get paid for the more procedures performed period. Private plans on the other hand need evaluate the cost versus the effectiveness and provide quality care within a budget. The first approach could work if you have unlimited money and unlimited resources (which we have neither of) and the second approach works by rewarding effective healthcare. Food for thought when we debate whether or not the solution to out-of-control healthcare costs is based fundamentally around private insurance or government.