When Health Repeal Was ‘Catastrophic’

When Health Repeal Was ‘Catastrophic’

Talk of rolling back the Patient Protection and Affordable Care Act is dominating the news, but this isn't the first time that Congress has weighed suddenly overturning a major health law. Does the battle over the 1988 Medicare Catastrophic Coverage Act -- and its repeal 17 months later -- hold any lessons for today?

A president uses his pulpit to call for health reform, but initial agreement over the need for change eventually descends into partisan bickering. Angry constituents shout down lawmakers during congressional town halls. Congress ultimately faces pressure to repeal the health law.

If this all sounds familiar, it’s because it already happened — in the fight over the Medicare Catastrophic Care Act, more than two decades ago.

As the New York Times wrote in October 1989, just 16 months after MCCA was passed, “rarely has a government program that promised so much to so many fallen apart so fast.”

Revisiting the MCCA’s ‘Short Life and Painful Death’

Twenty-five years ago this week, President Reagan used his State of the Union address to call for “recommendations … to address the problems of affordable insurance” for people who faced financial ruin should catastrophic illness strike. Working off a White House proposal, Congress passed the MCCA in June 1988, following a 328-72 House vote and an 86-11 Senate vote.

The bipartisan accord lasted just 16 months before legislators — shaken by public rage and industry firepower — elected to overturn the law via the November 1989 Medicare Catastrophic Repeal Act.

The short-lived act has survived as an anecdote and watchword for would-be health reformers — but policy experts have largely forgotten the legislation’s details, 20 years after MCCA’s sudden demise. The fight over catastrophic care is one “that I don’t remember much about,” a noted health law professor confessed to California Healthline. Other health policy veterans — even those who worked on Capitol Hill amid the debate — were stumped to recall more than a few vignettes.

As a refresher, the law was intended to cap Medicare beneficiaries’ hospital and physician care costs. An accompanying drug benefit was designed to tamp down seniors’ spending on pharmaceuticals. Altogether, MCCA affected more than 30 million people and represented the greatest federal expansion of health services since Medicare’s creation.

MCCA also became a vehicle for health advocates to try and realize their long-deferred agendas. The law was the first major piece of health care legislation before Congress in years, and legislators eventually added coverage for mammography screening, extended nursing-home benefits and even crafted a proto-version of the Children’s Health Insurance Program.

In order to finance these additional benefits, Congress raised Medicare premiums and enacted a surtax on the incomes of the wealthiest Americans aged 65 and older. This decision to tax only certain seniors — and essentially ask them to finance their less-well-off peers — fueled popular resistance and ultimately doomed the MCCA.

Failed Law Cut From Different Branch Than PPACA

While comparing PPACA and MCCA presents “an interesting analogy,” the two laws were dissimilar from the start, according to Washington & Lee University law professor Tim Jost. In contrast to the high-profile debate that preceded the current repeal fight, Democrats and Republicans in 1988 were proudly amiable when crafting the much lower-profile catastrophic care act. Partisan sniping emerged only after MCCA ran into trouble, with some Republicans suggesting that a Democratic-led Congress was to blame for overreaching.

The two laws also represent a “very different set of circumstances,” Georgetown University public policy professor Judy Feder told California Healthline. PPACA required a party-line vote for passage, but largely enjoys the industry’s support and has clear political ownership by the White House and Democratic party. MCCA, on the other hand, won bipartisan backing but was fiercely opposed by the pharmaceutical industry — which was critical of the drug benefit’s impact — and lacked a true champion.

Another marker underscores the different eras: How lawmakers buckled under public pressure.

The defining moment in MCCA’s repeal groundswell came when House Ways and Means Committee Chair Dan Rostenkowski (D-Ill.) was booed and jeered following a raucous town hall; a senior citizen ultimately jumped on the hood of Rostenkowski’s car, forcing him to exit the car and re-engage the crowd before he could run back to his vehicle and slip away.

The incident — so unusual and definitive in 1989 — would have been lost amid the heckling, violence and arrests that marked many lawmakers’ town halls in 2009.

Catastrophic Care’s Hard-Won Lessons Embedded in PPACA

Lawmakers crafting PPACA “understood what happened” with the catastrophic care act and took steps to avoid a reprise, Jonathan Cohn wrote last year in Kaiser Health News. Just a handful of seniors experienced the catastrophic expenses that MCCA was intended to address, and the drug benefit was not slated to begin right away. Conversely, PPACA was front-loaded with immediate benefits like support for seniors’ drug purchases and new protections for patients seeking insurance, Cohn noted.

MCCA was partly undone by inconsistent messaging and direct mail attacks from the National Committee to Preserve Social Security and Medicare. In contrast, defense of PPACA has been coordinated by the White House and carried via multiple media.

Most importantly, MCCA’s repeal offers a glimpse into how lawmakers respond to health legislation that’s struck down: they abandon what’s politically tarnished and find another vehicle to ferry their remaining ideas. But in the interim, health problems worsen and costs tend to rise.

Medicare’s prescription drug benefit program is a good example, according to Bruce Vladeck, a former administrator of Medicare and Medicaid. Congress ultimately enacted a prescription drug benefit — but the 2003 solution was “more expensive and less good” for patients than the 1988 model, which allowed for better price regulation, Vladeck tells California Healthline.

If PPACA is ultimately repealed, Congress will likely try to reform health care again — but the next effort would have to pave over even more cracks in the nation’s health system.

Jumping from the 1980s, California Healthline now casts an eye around the nation to see other health reform stories making news this week.

On the Hill

In the Courts

Administration Actions

Eye on the Industry

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