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Go Home UPDATED: A Deal on the Cadillac Tax

THE TREATMENT JANUARY 14, 2010

UPDATED: A Deal on the Cadillac Tax

As first reported by the Associated Press, the White House and labor leaders have reached agreement on the so-called Cadillac tax. And while the deal's impact on the rest of health care reform is not yet clear, the agreement should move negotiations forward while preserving, in some form, an idea the administration and many experts think is essential for successful reform.

The centerpiece of the deal is a temporary exemption for union health plans: Until 2017, the new tax on the most expensive health insurance policies wouldn't apply to policies that were the result of collective bargaining agreements. Labor leaders and supporters have argued that unions would need time to renegotiate their contracts, which often span many years, in order to account for the imposition of the tax.

Other elements of the plan include:

-- Exempting vision and dental benefits from the calculations of plan value

-- Raising the threshold at which the tax kicks in, from $23,000 a year for a family plan to $24,000 a year. (The threshold for individuals goes from $8,500 to $8,900.)

-- Making additional adjustments to the formula based on age and gender

-- Allowing unions to shop for health plans through the new insurance exchanges

The argument for temporarily exempting union plans makes sense, at least in principle. Many unions really did accept generous health benefits, in lieu of wage increases, on the theory it was worth more to their members.

On the other hand, the tax--as originally written--wouldn't have started until 2013 anyway. And exempting union health benefits from the tax, even for a few more years, would mean collecting substantially less revenue.

As currently written in the Senate bill, the tax is expected to generate around $150 billion. With this new changes, labor leaders say, it will raise approximately $90 billion. If that figure is correct--and it may not be, as administration officials said they were waiting to see how the Joint Committee on Taxation scored it--it would the administration and its allies would have to find another $60 billion in offsetting revenue just to make up for the loss.

To be sure, is not hard to find such money. Expanding the Medicare payroll tax, so that wealthy taxpayers pay a levy on their investment income, is one possibility. Asking the drug, hospital, and insurance industries to give up more revenue is another.

But the more such monies must replace revenue lost in this agreement, the less they can help make the overall bill more generous.

The exemption of vision care is not so easy to justify. Generally speaking, scaling back vision coverage is thought to be an easy way to cut insurance costs without imposing serious harm on beneficiaries. (It's safe to assume a lot of union plans offer that.)

By contrast, allowing unions to shop for coverage through the exchanges would seem, on the surface, to be a win-win idea--one that will open up new insurance options for union members while fostering more competition among insurers. (The details of how this would work still aren't clear to me.)

As for the adjustments to the tax based on age and gender, that's a response to arguments--fairly persuasive, in my view--that a tax without adjustments might penalize groups that have high insurance premiums simply because they are in groups that insurers judge as high risk.

Republicans are already pouncing on this agreement as classic special interest group politics--which, clearly, it is. On the other hand, the administration did manage to preserve what's arguably the tax's most important feature: The fact that, as it grows over time, it will put downward pressure on health care costs.

And whatever you think about labor's fight against the Cadillac tax, the fact is that it comes in the midst of a much broader fight for health care reform. Simply put, if it were not for labor's organizing and campaigning, health care reform wouldn't even be on the agenda--let alone on the verge of passage.

For more, read David Herszenhorn, Ezra Klein, Igor Volsky, plus Laura Meckler and Jonathan Rockoff.

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7 comments

Well done labor: 1. Bankrupt GM and Chrysler, get bailed out by taxpayers, get large equity stake in companies, and don't have to pay back taxpayers 2. Get special exemption from health care tax 3. Being paid about 50% higher than market wage, protected by Gov parasites who depend on union parasites for votes I almost wish I was a parasite too

- mr_rationale

January 14, 2010 at 4:08pm

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Remind me again why you bother to read "The New Republic."

- zardoz67

January 14, 2010 at 5:41pm

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I think there has been a failure of imagination here. There may be trial lawyers, motion picture people, and other Democratic loyalist groups who are still not exempted from the Cadillac tax. That is unjust. All the faithful should be exempted. The tax should only apply to Republicans.

- lsernoff

January 14, 2010 at 9:34pm

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zardoz67: I am in search of cogent thought from liberals I would love someone to make sense but as that is lacking --- it is fun to poke holes in the liberal and Obama boosterism

- mr_rationale

January 14, 2010 at 11:55pm

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Like the old joke about how many people it takes to screw in a light bulb, how many special deals does it take to pass health care reform?

- nacnud1

January 15, 2010 at 12:20pm

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Jonathan, you say this "makes sense" from a policy perspective, but I don't think you really believe it. Why don't you just be honest, as you are in the last few paragraphs? This is "classic special interest group politics," a payoff to the unions for their support of the Democratic agenda. How in the world can you justify non-union workers, making the same wages as unionized workers, shouldering all of this tax burden for 5 years? How is that fair? You say that it will take time to renegotiate union contracts--you're kidding me, right? You think THAT is why this deal was cut? This is a payoff, pure and simple, which will ultimately be paid by non-union workers. Stop shilling and start analyzing.

- cmrohrba

January 15, 2010 at 2:37pm

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mr_rationale -- If you would like a union to represent you, perhaps you should join one. The real parasites of course are those non-union workers who enjoy the many workplace benefits unions have won for all workers without having made any of the sacrifices. And the many businesses large and small that were built on the post-war, union-spurred expansion of a broad, prosperous American middle class mass market -- yet have foolishly spent the last 30 years helping to destroy that market through anti-union activity. Jonathan -- I don't, frankly, understand the zeal for a tax that will only increase the costs to the individual and decrease the affordability of care. Considering that the factors most likely to push people into the "cadillac" range in terms of premium cost -- age, gender, region, chronic conditions that require on-going treatment -- have nothing or little to do with too generous benefits or "over" utilization, forcing those consumers into "cheaper" insurance options, with even higher deductibles and co-pays and more limited care options than they may already experience, isn't likely to provide cost savings so much as cost shifting. Most often onto the shoulders of people who can least afford to shoulder that extra burden. An outcome that is the exact opposite of what reform is suppose to accomplish.

- esmense

January 15, 2010 at 3:48pm

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