Home
/
RELIGION & LIBERTY ONLINE
/
The Tortured Logic of the Obamacare Law
The Tortured Logic of the Obamacare Law
Feb 24, 2026 4:31 PM

The Affordable Care Act, monly known as “Obamacare”, is a strange law from the perspective of economic theories of insurance markets. Still, one can see where its designers were starting from. The individual mandate may be onerous from a liberty standpoint, but it makes sense if you understand that insurance markets are vulnerable to a phenomenon known as the “death spiral.”

The idea behind the death spiral is based on the recognition that insurance is a risk management scheme. panies, despite their best efforts, are less knowledgeable about its customers’ health than are their customers. As such, the prices an pany charges are based on the average risk that a customer will need care.

Imagine (we’ll use simple numbers since the point is to illustrate a concept) that there are 10 customers in an insurance market, with a chance of needing $10 care of 11%, 12%, 13%, and so on. On average, the pany observes that its customers will have a 14.5% chance of needing $10 care. The price they would charge to its customers to break even, then, would be $1.45.

Now, if you’re any of the people who know, or suspect, their risk is lower than 14.5%, your incentive is to not purchase the care from pany. Maybe you want to move into a lower risk pool, or maybe forgo insurance altogether. Whatever the case, the people with 11%, 12%, 13%, and 14% risk leave the market because to them the price is too high. Well, the pany eventually notices that the average risk in their pool has increased. In this case, the risk has risen to 17.5% and the price follows to $1.75.

You may have already figured out that this new price will make the people with 15%, 16%, and 17% risk want to leave the policy. And you may now realize that the process will continue to spiral in this fashion, until eventually the only people left in the policy are high cost customers.

Obamacare’s creators seem to understand this issue in the sense that it has provisions that force people to buy insurance. However, while they acknowledges this process they seem to ignore a fundamental truth about insurance: it is a tool of risk management, not service provision.

Take, for example, the worrisome conscience violating mandates for contraception and abortifacients (National Review‘s editors noted that many provisions went into effect yesterday). Setting aside the important religious implications for a moment, we can see that these services make no sense from a risk management perspective. What is the risk anyone will need contraception? It’s almost entirely dependent on their lifestyle choices. This being the case, why should an pany provide something like this, rather than having those that would use it either pay for it, or alter their lifestyle accordingly?

The argument is that there are some limited uses for birth control pills other than merely contraceptive purposes. However, this is really only convincing in cases where women are diagnosed with the conditions that would lead them to need the medicine. A blanket mandate to provide birth control because a smaller subset of people may find it medically useful does not make sense.

Unfortunately, the most popular provision of the ACA is the one that makes the least sense when one realizes that insurance is about risk management, not care provision. This is the mandate to cover pre-existing health conditions. Is it really health insurance if you know that you’re going to use particular services ahead of time?

While we should obviously be sympathetic and charitable towards the sick, this requirement, bination with the individual mandate, may be what breaks the insurance markets. The “tax” included in the individual mandate may actually be too low to entice younger, poorer, and healthier Americans into buying insurance.

By law, panies are going to be forbidden from charging elderly customers more than three times the price of insurance for younger customers. A likely e of this will be increased costs of insurance on the young so that panies can charge their older, more expensive customers more.

Now, if I’m young, healthy, and deciding to buy insurance, here are the facts that I am likely to face in making that decision:

The fine is $695 or 2.5% of my e, whichever is higherInsurance costs much more than this per yearIf I do not buy insurance and get seriously sick, I can then buy insurance because I cannot be denied for an existing condition

It’s often said that it is easier to criticize e up with a plan. And it’s true, I do not have prehensive plan for fixing health insurance, but I can give some principles for fixing the health insurance market.

To the greatest extent possible, people should pay for elective health decisions out of pocket. If it is not a matter of life and death or a serious challenge to quality of life, it should not be managed by insurance.Competition and choice should be encouraged. Congress should strike as many of its restrictions and mandates on panies as possible. Allow customers the freedom to choose packages of coverage of prehensiveness.End the ties between employment and coverage. Remove incentives that tie insurance to the workplace. If people shopped for insurance, it would lead to petition. It would also reduce fears that being unemployed means being uninsured.Educate people on the difference between health insurance and health care. Too many people seem to have this issue confused. A health pany provides care. A health pany manages the risk that you need care.

This last point is why I view the Obamacare law as being based on tortured logic. On the one hand, the only way that anyone could understand the death spiral problem is to recognize that insurance is about managing risk. On the other hand, the provisions that call for covering pre-existing conditions and routine lifestyle-related issues cannot be consistent with this understanding.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Verse of the Day
  1 John 4:20 In-Context   18 There is no fear in love. But perfect love drives out fear, because fear has to do with punishment. The one who fears is not made perfect in love.   19 We love because he first loved us.   20 Whoever claims to love God yet hates a brother or sister is a liar. For whoever does...
Verse of the Day
  Hebrews 11:6 In-Context   4 By faith Abel brought God a better offering than Cain did. By faith he was commended as righteous, when God spoke well of his offerings. And by faith Abel still speaks, even though he is dead.   5 By faith Enoch was taken from this life, so that he did not experience death: He could not be...
Verse of the Day
  Commentary on Todays Verse   Commentary on Psalm 37:1-6   Read Psalm 37:1-6   When we look abroad we see the world full of evil-doers, that flourish and live in ease. So it was seen of old, therefore let us not marvel at the matter. We are tempted to fret at this, to think them the only happy people, and so we are...
Verse of the Day
  Isaiah 61:7 In-Context   5 Strangers will shepherd your flocks foreigners will work your fields and vineyards.   6 And you will be called priests of the Lord, you will be named ministers of our God. You will feed on the wealth of nations, and in their riches you will boast.   7 Instead of your shame you will receive a double portion,...
Verse of the Day
  1 Corinthians 3:18-20 In-Context   16 Don't you know that you yourselves are God's temple and that God's Spirit dwells in your midst?   17 If anyone destroys God's temple, God will destroy that person; for God's temple is sacred, and you together are that temple.   18 Do not deceive yourselves. If any of you think you are wise by the standards...
Verse of the Day
  Commentary on Todays Verse   Complete Concise   Chapter Contents   Exhortations to obedience and faith. 1-6 To piety, and to improve afflictions. 7-12 To gain wisdom. 13-20 Guidance of Wisdom. 21-26 The wicked and the upright. 27-35   Commentary on Proverbs 3:1-6   Read Proverbs 3:1-6   In the way of believing obedience to God#39s commandments health and peace may commonly be enjoyed and though...
Verse of the Day
  Commentary on Todays Verse   Commentary on Proverbs 15:4   Read Proverbs 15:4   A good tongue is healing to wounded consciences, by comforting them to sin-sick souls, by convincing them and it reconciles parties at variance.   Proverbs 15:4 In-Context   2 The tongue of the wise adorns knowledge, but the mouth of the fool gushes folly.   3 The eyes of the Lord are...
Verse of the Day
  Galatians 2:20 In-Context   18 If I rebuild what I destroyed, then I really would be a lawbreaker.   19 For through the law I died to the law so that I might live for God.   20 I have been crucified with Christ and I no longer live, but Christ lives in me. The life I now live in the body, I...
Verse of the Day
  Commentary on Todays Verse   Commentary on Psalm 90:12-17   Read Psalm 90:12-17   Those who would learn true wisdom, must pray for Divine instruction, must beg to be taught by the Holy Spirit and for comfort and joy in the returns of God#39s favour. They pray for the mercy of God, for they pretend not to plead any merit of their own....
Verse of the Day
  Commentary on Todays Verse   Commentary on Proverbs 22:4   Read Proverbs 22:4   Where the fear of God is, there will be humility. And much is to be enjoyed by it spiritual riches, and eternal life at last.   Proverbs 22:4 In-Context   2 Rich and poor have this in common: The Lord is the Maker of them all.   3 The prudent see danger...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved