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The Overlooked Solution for Health Care

Breaking the debate barrier.

By Sheldon Richman
Published: 14 August 2009
The Overlooked Solution for Health Care

Discussing healthcare reform with an advocate of government control is frustrating. It almost feels as if one is speaking a foreign language — and in a sense, the free-market proponent is speaking a foreign language. The meaning usually doesn’t get through.

This is most obvious when the advocate of a State solution says, as President Obama said, “The scary thing is to do nothing.” Anyone who thinks that the free-market solution means doing nothing is either ignorant or dishonest. Sorry, I see no other alternative. It doesn’t take much looking to see that we have nothing like a free market in medical services and insurance. Insisting we do is an effective way to assure that the free market is never considered as an alternative to the current State-ridden system.

The statist also shows his lack of understanding (or of honesty) by loosely accusing the free-market advocate of “being in the pocket of the insurance and drug companies.” Is it impossible that someone could sincerely believe that the market solution is just and efficient? Those who throw this charge around miss a perhaps subtle point. A free-market advocate and big entrenched insurance companies could oppose the same proposal — say, a government-run insurance program — without having any other positions in common. The market advocate rejects not only the so-called public option; he also favors dismantling the entire protectionist-regulatory-monopoly-privilege system the insurance companies have enjoyed for generations. No insurance company favors that. Similarly, libertarians and pharmaceutical companies oppose government’s negotiating drug prices. But no Big Pharma company is likely to favor repealing the FDA, the monopolistic patent system, and other privileges because these interventions protect it from upstart competition.

There’s a deeper barrier keeping the honest advocate of nationalized medical care from truly hearing what the libertarian says: the (implicit) belief that medical care is a right, and its corollary, that no one should have to pay (very much) for these services.

This is where the discussion needs to be but usually isn’t, which accounts for the mostly unsatisfying outcome. There is no meeting of the minds on what is in dispute, much less on what ought to be done.

Someone who believes that medical care is a right will never accept that consumption of medical services should have anything at all to do with one’s income or wealth. That’s just wrong, he will think. What’s more, he’ll think there’s something deeply wrong with the market advocate for thinking this way. “What’s the market got to do with it?” he’ll wonder in horror. “We’re talking about medical care!”

The libertarian may never convince the statist, but the first (and perhaps the last) thing to be discussed should be whether medical care is a right. Of course, it can’t be a right. In the absence of a contract, no one can have a right to anything that must be provided by someone else’s labor. It really is that simple. The alternative proposition is in essence a slave proposition. Most people will never be persuaded by the excellent efficiency arguments against nationalized medicine — the fact that bureaucratic rationing and triage are inevitable with government in charge — if they cling to the medical-care-is-a-right theory. So we may as well have the debate there.

No Right, No Service?

The libertarian must also head the statist off at this pass: the inference that if you don’t believe health care is a right, you must believe that people of modest means would be — and even should be — without adequate medical attention.

Of course, this is ridiculous. Opposition to nationalized agriculture or housing doesn’t imply that people of modest means should starve or go homeless. When you consider how concentrated wealth was throughout history, it is astonishing how competent market-oriented society — despite all the State’s efforts to cripple it  — has been at delivering necessities and one-time luxuries to the masses. From the Industrial Revolution onward, to the extent people have been free to engage in enterprise, it was regular people whose living standard increased by orders of magnitude.

The point is that markets deliver, and medical care has been no exception. If the price of basic care has soared since World War II, we can largely thank all the ways government has unhinged demand from cost considerations. Much medical care is optional or marginal, and  if government, by disguising the true cost, makes it possible for people to overconsume it, those of modest incomes who don’t qualify for handouts will suffer the consequences.

It is simply wrong to believe that in a “freed market,” as Charles Johnson calls it, large numbers of people would  go without medical attention. A free society would be richer at all levels than our semi-free society because it would have none of the barriers that today impede economic self-advancement. (See Johnson’s article on the matter.) A freed medical system would be competitive, entrepreneurial, and innovative in getting services to greater numbers of people at reasonable prices. How do we know? We’ve see the same pattern in other industries that are far less straitjacketed than the medical industry. In case after case, what began as luxuries for the rich have become commonplace items for nearly everyone. A government-free medical industry would have no income-preserving professional licensing, no paternalistic drug prescriptions, no competition-inhibiting patents, no monopolistic certificates of need, no protectionist medical guild. In their place would be competition and entrepreneurship, the discovery process that serves consumers in ways we cannot imagine in advance

Demand-Side Innovation

Innovation would also emerge on the demand side. Again we can refer to history. In an earlier time Americans (and Britons and Australians) of modest means, including new immigrants, obtained medical care through sophisticated mutual-aid societies and in particular the institution called lodge practice. Exemplifying what Tocqueville identified as an American penchant for setting up associations, early Americans established “friendly societies” not only for social contact but for the safety net later provided, in coercive and much inferior form, by the welfare state. One member benefit of these societies was access to a family physician with whom the group contracted on an annual basis. “Lodge practice,” historian David Beito writes, “became particularly extensive in urban and industrial centers. In 1915, for example, Dr. S.S. Goldwater, Health Commissioner of New York City, went so far as to assert that in many communities it had become ‘the chosen or established method of dealing with sickness among the relatively poor.’” Lodge practice flourished until State-empowered organized medicine, whose members’ incomes were threatened by this unorthodox competition, put the screws to the “lodge doctors” it reviled. Who knows how mutual-aid would have evolved had it not been crowded out by “Progressives” aping Bismarck and wielding the power of taxation? What we do know is that people found a way to make medical care “universal and affordable,” that holy grail the politicians still haven’t located.

Free people are resourceful even when their resources are modest. The key is to keep government out of the way.

Admittedly, the sick and destitute would have had trouble joining a mutual-aid society. But a free and prosperous society would also be a generous society. History demonstrates it. As in the past, philanthropic foundations, charity hospitals, teaching hospitals, and pro bono medicine would all combine to provide for those who truly could not make it on their own. Government intervention undoubtedly makes these things less common. If laws mandate that all hospital emergency rooms treat whoever shows up with whatever ailment, we can anticipate that charitable efforts will be less abundant than in a free society.

We will never achieve the medical system — indeed, the society — worthy of free people as long as we are trapped in the juvenile mindset that someone owes us medical care. It is an absurd doctrine — is that someone also owed medical care? But worse, it is fodder for political opportunists, who will exploit this demand to increase State power at the expense of freedom and therefore dignity. If we follow this path, rationing of medical care might be the least of our worries.

24 Comments »

  1. [...] The rest of TGIF is here. [...]

  2. [...] Freeman and "In brief." He is a contributor to The Concise Encyclopedia of Economics. http://fee.org/articles/tgif/solution-health-care/ Categories: United States Tags: Care, for, Health, Overlooked, solution, the [...]

  3. Great points as always – I’ve often had the same frustration in arguing with friends and co-workers that U.S. medical issues do not represent market failures, and that further socialization will only worsen the situation. Even people who generally advocate free markets have convinced themselves that medicine would somehow work differently. But despite the current morass, there are current-day examples right smack within the medical services industry which prove the point that unfettered markets will deliver superior care at lower prices.

    I would suggest that the proliferation of corrective laser eye surgery is a fitting example. My evidence is anecdotal, and comes from living in South Florida. I recall hearing about laser surgery probably about ten years ago when it was a procedure costing thousands of dollars, and was offered by a small handful of surgeons. Some of the executives in our company had done the procedure, and raved about how improved vision had changed their lives for the better.

    Over time, the number of providers in the area increased and they frequently advertised on local radio. Prices dropped steadily, eventually to well under a thousand dollars. More and more people in my office building had the procedure done. In addition to gushing about their vision, they would consistently comment on how much better the service was than going to their regular doctor. No one complained about onerous administration or having to wait. They all talked about receiving thorough information and conseling, and the few problems that people had with the actual surgery were treated promptly and typically at no extra charge. It was also clear from advertising and personal accounts that several new surgical innovations were developed to address different vision conditions.

    So, a medical service not covered by insurance, not apparently regulated or mandated by any state or federal commissions, pretty much outside the current “system” – what was the result? Falling prices, ample supply, quality service, product innovation and high customer satisfaction. Is this what we need government protection from?

  4. Amen Craig.

    I have given up trying to convince people of the fallacies of Obamacare. I’ve used the Lasisk example before but it’s been met with a sneer “that hardly is the same thing as open heart surgery.” I’ve also mentioned UL (Underwriters Laboratory) as an example of free market regulation.

    I work for a medical device company–they make a system that allows doctors to get an ultrasound intra-vascular image to help determine if the patient needs a stint or other surgery. To me, this is a great example of market innovation. Instead of putting someone under the knife for expensive exploratory surgery, they can do it quickly, with just a small incision in the leg and a catheter inserted into an artery. I don’t even think general anesthesia is required. This has got to be something that would help bring costs down, even despite the heavy regulations imposed by the FDA (it makes for a very restrictive work environment keeping the government hounds happy).

    Imagine if my company could be free of the FDA? Imagine just how much more productive we could be? Imagine how much cheaper we could ship our devices for, putting them in more doctor’s hands? Isn’t is reasonable to assume that the hospitals would still require certification? I can imagine companies like UL springing up for medical equipment too.

  5. [...] Read this article: The Ignored Solution for Health Care | Foundation for Economic … [...]

  6. There’s an old saying: “Professionals communicate with questions. Amateurs communicate with statements”.

    These are all fantastic points (as is the rest of FEE’s articles on the topic), and our duty as informed liberty-minded citizens, I believe, is not to barrage the Statists with our side, but is instead to develop and ask pertinent questions dealing with their claims to lead us into medical slavery. Once delved far enough, it will become apparent they will deconstruct their own arguments.

    ie- “Medical care is a right” ….

    1) where does the right to medical care emanate from? (WFA)

    2) does it come from our common law? Our Constitution? Our state governments? I only ask because I haven’t heard this argument before.

    3) is medical care a good or a service? (WFA) Does this mean that other goods and services also fall under this category of “rights”? Is clothing a right? Are oil changes for your car a right? What about television sets? How about health spas, chiropractors, or hair salons? Are these rights too?

    and so it can go. If they toss a question back your way, pass the porcupine by throwing another question back at them (respectfully, of course). And make these questions good ones.

    I’ll be thinking of me own this weekend :-)

    In liberty,

    Ian

  7. At this point, although the debate and spin continue, this bill is essentially dead from an emotional and mandate perspective, even if some version gets passed. Whether it ultimately proves to be of any benefit to society, or a detriment, will take years, if not decades, to appreciate.

    This bill, and virtually anything that might be done to improve our healthcare system, involves too much complexity with which we are emotionally motivated to deal.

    There’s been too much arguing about the details. People can not describe in 2 or 3 sentences the conceptual parameters of the effort and what it is supposed to accomplish. Unfortunately, people can describe how they feel about it in 1 or 2 words, and that’s not good.

    If either side of the debate has to work this hard arguing about something which theoretically should improve the lives of the masses of people, there’s a big problem.

    Even more so than how something is done, people are interested in results, not the details. And once again, as is frequently the case with much of human processing, the facts don’t really matter. How people view the world, what they value, and what they want, matters.

    And there is nothing collaborative in nature about that. Factor in the strong individualistic American DNA, and this effort is emotionally toast.

  8. It is interesting that you bring up lodge practice. Did these Lodges have a structure for decision making and rules of conduct, etc for the Lodge? And those who disagree with the decisions or rules of conduct of the Lodge were welcome to leave and join a Lodge of their choice. But what is a city but a Lodge on a larger scale, a “sophisticated mutual-aid society” as you put it, that we have all contracted with regardless of our income level? And is a State not just a collection of Lodges, but a Lodge of it’s own in the same fashion as a town or city… all aligned for mutual aid? If you disagree with the decisions or rules of conduct of these Lodges you are certainly free to move on to another Lodge. Extending this beyond to the Federal level, is not a country a Lodge as both the city and State are? We are certainly allied in a sophisticated way for “mutual-aid”. And you may certainly leave these lodges for any lodge that will have you. But my biggest question I suppose would be this: Why should I join yet another lodge when I am already paying dues to a City lodge, a State Lodge, and a Federal lodge?

    And, why is it so wrong to push our “Federal Lodge” to contract for Lodge physicians, as you say it was done in the past? Why does it become a “slave proposition” to push for such a thing? I can find no one advocating that someone not be paid for the services “provided by someone else’s labor.” In fact, the argument to date has been about what is fair compensation for these labors, and whether the Lodge should contract for the positions or whether the members of the Lodge should contract with each other.

    But I do see what you mean regarding the “human right” vs. “what a lodge/country should rightly provide it’s members in exchange for it’s dues.” Perhaps rather than saying that it is a “human right” a better way to say it would be that it is a right that the members of the Lodge are entitled to under the lodge charter. In this case it would be the Constitution. I will fully admit that there is not a single section or amendment that specifically mentions “health care” directly. However, the 9th amendment states that just because the right is not in the document does not mean that the membership does not retain it. Since our collective lodges, at no level that I can find, have specifically denied the existence of a right to health care, I assert that health care is a right held by the people and not enumerated, as mentioned by the 9th amendment of our Lodge Constitution. It is also my position that our Lodge founders clearly had this in mind, based on their document declaring the independence of this lodge where they said that the people were endowed by their creator with a right to life. Maintaining that life is at times difficult without health care, and why would we continue to be a part of such a Lodge that did not support that right?

    You are, of course, very welcome under our Constitution’s 1st amendment to contest this and advocate that the Lodge not spend dues to contract with physicians. But please try to keep accusations of dishonesty to specific individuals, and cite them, not in generalities, but with hard facts.

    Thank you.

  9. Excellent piece Mr. Richman. Even without the existence of pro bono medicine for the needy, we all would be better off with a medical community dependent upon free market principles. It would be a medical system with costs more affordable for us all. We also would become better consumers of health care.

  10. This is the first time i’ve visited this site but i’d like to say that I’m amazed none of the comments are ugly to each other. I wonder if its because we all agree? nevertheless, very nice to the points and additional points outlined in the comments. Ian, thank you for your contribution. I hope to employ some of your ideas when debating this with friends and colleagues. However, I am still at a loss on how to explain this argument in a facebook/twitter world. Getting people’s attention is hard! Some just don’t want to know and I cannot understand why.

    I look forward to reading more on this site.
    thanks
    kellie

  11. [...] The Ignored Solution for Health Care | Foundation for Economic … [...]

  12. @John: since you contend that health care is a right…I will repose Ian’s question to you: is it a good or service that one has a right to? Do you contend that you have a right to some one else’s labor? Does the constitution provide for a right that can infringe on the basic rights of all individuals to life, liberty and property?

    You mentioned lodging on a federal level, and one can just “opt-out” by, what, leaving the country? What if you don’t agree with the terms? What if you don’t like how things are handled? What if you reject traditional medicine for alternative medicine? Can the Federal Government administrate something like this that can be all things to all people? Or will everyone be stuck with something that no one can be happy with? Or would a decentralized, community-based approach better serve those of limited means?

  13. John,

    You apparently missed one of Richman’s main points: “In the absence of a contract, no one can have a right to anything that must be provided by someone else’s labor.” That is why health care is not a right.

    Your attempt to link a right to health care to the 9th amendment is quite unconvincing. If we own a right to health care, under the 9th Amendment, then we also own a right to anything and everything that we might imagine a need for, if it will make living our lives easier. Clearly absurd.

    Furthermore, your claim that such a right is consistent with the political philosophy of our founders, is even more absurd. The constitution and its amendments were carefully designed to restrict the government from encroaching on the individual liberties of its people. We own a right to free speech, for example. That imposes no burden on anyone else, to provide us with anything. We own the right to keep and bear arms. That imposes no burden on anyone else, including the fact that no one must provide us with a free rifle.

    Because a ‘right to health care’ necessarily imposes such burdens on some people to provide services to others, and restricts their ability to choose with whom and under what terms they will enter into mutually beneficial interactions, such a right is about as close to the opposite of the founders’ political philosophy, as could be imagined.

    There is no support to be found for the socialist agenda within the Constitution or our other founding documents.

    Chuck

  14. “In the absence of a contract, no one can have a right to anything that must be provided by someone else’s labor. It really is that simple. The alternative proposition is in essence a slave proposition.”

    “And, why is it so wrong to push our “Federal Lodge” to contract for Lodge physicians, as you say it was done in the past? Why does it become a “slave proposition” to push for such a thing?”

    I will take a stab at clarifying this for you john.

    the authors point can be summarized another way by saying “every one ought to get what they pay for and pay for what they get.” this is contract.

    rights are wholly different, for starters they are things that you are able to weild on your own with out infringing on the agency of others.

    if you need/want something its is your right to seek to obtain it in any maner that is not injurious to others doing the same (pursuit of happiness)… it is not your right to have it provided for you at the expense of others.

    it may be provided for you at the expense of others under a voluntary contract (like an insurance policy)… but thats the operation of a voluntary contract granting you a benefit… not the operation of any sort of a right.

    The slave proposition enters into it this way: whenever someone consumes goods or services without entitling themselves to those goods or services by paying for them (either directly or through the operation of a voluntary contract – ie. one freely entered into by all the parties thereto) then those consumers are essentially “enslaving” those who have provided – or paid for – the goods or services thusly consumed (in other words stealing either their labor or their money). Since the doctors themselves will obviously be paid they arent the victms/slaves … those whose taxes are used to pay the doctors are the victims/slaves.

    when a government institutes a health care entitlement program they are simulating an insurance contract, but in fact several key features of a real contract are missing. most notably that the parties to the “contract” are forced into it by legislators/bureaucrats without freely or personally agreeing to the terms of the arrangement. This is an abuse of the genuine right to voluntary contract and an assault upon liberty.

    Best regards.

  15. quote:”the first (and perhaps the last) thing to be discussed should be whether medical care is a right. Of course, it can’t be a right. In the absence of a contract, no one can have a right to anything that must be provided by someone else’s labor”.

    In Europe it’s impossible to speak about healthcare in this way. Any politician who will say medical care isnt a right, will not be taken serious, ignored and also, it’s impossible to write an artikel like this one in the regular media.

    Very sad, to avoid any discussion

  16. “An honest man is one who knows that he can’t consume more than he has produced.” Ayn Rand (1905-1982)

    As for health care: The government is the problem, not the solution.
    Free markets are the solution, not the problem.

    Thank you again for this fine editorial.

  17. Sheldon,

    Great article. I am especially glad to see you emphasize how medical practice would be much better and more affordable under free market conditions. Too many articles on the topic take the current high costs and uneven quality in our current system as givens. Few people know that in the 19th century, when we had a much freer medical market, there was much more competition among practitioners, consumers were glad to have these choices, and that medicine was affordable.

    Can you imagine an automobile market where a basic car would cost you 100k? Of course not, the industry must design and engineer its products so that they are within reach of potential customers. Why should medical care be so outrageously expensive? Obviously something(s) is (are) interfering with market forces. Sure, it is going to be expensive for someone who has been in a catastrophic accident and needs extensive care for months, but this can be provided for via a sound program of insurance. I am talking about the more ordinary demands, which likely account for 99% of health care costs.

  18. One problem I wonder about but is never covered. If the 45 million so called un-insured show up at the doctor who will see them? Now the doctors are busy jamming every patient in, all of a sudden there pool of patients have exploded. What will de the quality of care then? Doctors will be paid less as every dime is pushed out, so they see more paients, New students will look at being a doctor as job not devoted to paitents care but clearing out the jam of people each day

  19. Another well done piece. I found the link to “lodge medicine” especially of interest. A little before my time (about 80+/- years) it was interesting that while market competition did bring down prices there was that human trait of temptation of abuse when the service was prepaid at a discount. Fee for service I think is still the best system, it just has to be a better open market.
    When I started there was still some of the vestiges of the old guard in the medical society trying to set prices for office services, surgery, etc. ( late 70’s) It is good that is gone, it never should have been. There was however some honorable efforts in the societies to self discipline problem doctors. While I agree with you on licensing restricting the market, there can be a high price to pay for some individuals waiting for information to disseminate. There is no perfect answer.

  20. [...] I found this gem. Maybe Bamm-Bamm will read [...]

  21. [...] via Foundation for Economic Education » The Overlooked Solution for Health Care. [...]

  22. How does licensing restrict the market? I thought licensing protects the market from “quack” doctors.

  23. Glen, do you think there are no quacks practicing today? Doctors — not consumers — lobbied for licensing — to limit competition and keep incomes up.

  24. Sheldon,

    Yes there are quacks today, but there would probably be a lot more if there were no standards and certification/licensing.

    Are you saying there doesn’t need to be any standards to qualify a person to be a doctor, that anyone who wants to be a doctor should just be one, and then let the market decide who the successful doctors are?

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