Last week, a Texas judge heard oral arguments in a case brought by state attorneys general against the
Affordable Care Act (ACA). The suit aims to overturn the ACA in its entirety on
the dubious grounds that since Congress has eliminated the penalty for not
having insurance, a key provision of the act, it thereby invalidated the act as
a whole.
The Department of Justice, which supports the lawsuit in
part, wants to keep the ACA on the books but does support elimination of one
key provision — the guarantee that people will get full coverage for pre-existing
conditions without paying higher premiums. But that is the scariest part of the
lawsuit. As a recent tracking poll from the Kaiser Family Foundation
confirms, an overwhelming majority of people support the pre-existing
conditions proviso.
There is some cold economic rationality in tying
pre-existing conditions protections to the penalty for not having insurance.
The link between the two is a phenomenon known in insurance circles as adverse
selection. Adverse selection occurs when people with high exposure to
risk buy insurance. Since such people are likely to have large claims,
insurance companies must charge high premiums. High premiums encourage more
people to drop coverage, and the insurance market enters a death spiral.







