An individual
Introduction
The Case for a Mandate
mandate, if
Roughly 46 million Americans are cur-
Some observers have seen an individual
federal, would be
rently uninsured.1 That has sparked a nation-
mandate as an achievable step on the road to
an unprecedented
universal coverage. Having long equated
al debate over how to expand coverage, with
insurance coverage with access to health care
many people setting a goal of "universal cov-
expansion of
and access to better health, they see an indi-
erage," that is, every American would have
government
vidual mandate as producing better health
some form of health insurance. Some people
outcomes. They argue, for example, that peo-
have advocated a single-payer system under
power.
ple will receive more preventive care if they are
which the government would administer a
covered by insurance. In reality, however, the
taxpayer-financed system. Others have called
experience of rationing under national health
for an employer mandate, requiring employ-
insurance schemes in other countries shows
ers to provide their workers with insurance.
that insurance coverage and access to care are
Both of those approaches have obvious prob-
entirely different things.8 Moreover, evidence
lems that have prevented them from gaining
much public support.
that insurance coverage or access leads to bet-
ter health outcomes is uncertain at best.9
As a result, a third approach to universal
coverage is now getting serious attention--an
Other observers, including economists of
individual mandate, a legal requirement that
all stripes, have tended to embrace individual
every American obtain adequate private health
mandates for another reason. When an indi-
insurance coverage. People who don't receive
vidual without health insurance becomes sick
such coverage through their employer or some
or injured, he or she still receives medical treat-
other group would be required to purchase
ment. In fact, hospitals are legally required to
individual coverage.
provide care regardless of ability to pay.
Such a mandate, if federal, would be an
Physicians do not face the same legal require-
unprecedented expansion of government
ment, but few are willing to deny treatment
power. As the Congressional Budget Office
because a patient lacks insurance.
noted in 1994, "The government has never
However, such treatment is not free. The
required people to buy any good or service as
cost is simply shifted to others--those with
a condition of lawful residence in the United
insurance or, more often, taxpayers. In fact,
States."2
uncompensated care costs an estimated
$40.7 billion per year, with 85 percent of that
Despite that, proposals for an individual
cost borne by federal, state, and local govern-
mandate have drawn a surprising degree of
ments.10 Thus, to a large degree individuals
support from conservatives. The Heritage
Foundation has supported such a mandate
without health insurance are "free riding" on
for more than a decade.3 Senate Majority
the rest of us.
In addition, those most likely to go without
Leader Bill Frist (R-TN) has expressed gener-
al support for the idea.4 Articles favoring an
health insurance are the young and relatively
healthy. For example, although 18 to 24 year
individual mandate have been featured in the
Weekly Standard.5 Ron Bailey endorsed the
olds are only 10 percent of the U.S. popula-
tion, they are 21 percent of the long-term
concept on the libertarian website, Reason.
com.6 Perhaps the latest such proposal comes
uninsured.11 For these young, healthy individ-
from Gov. Mitt Romney of Massachusetts, an
uals, going without health insurance is often a
expected Republican candidate for president
logical decision. However, this becomes a form
in 2008.7
of adverse selection. Removing the young and
healthy from the insurance pool means that
An individual mandate is an attempt to
those remaining in the pool will be older and
address real problems in the American health
sicker. That results in higher insurance premi-
care system. But there is ample reason to be
ums for those who are insured.12
skeptical of that approach.
2