The American Health Security Act
- Legislative Pathway: Reconciliation-Eligible (Primary fiscal impact via subsidies and Medicare expansion)
- Goal: To achieve universal, affordable, and high-quality healthcare for all Americans.
- Key Provisions:
- A National Public Health Insurance Option: Create a government-run health insurance plan that is available to all Americans, providing comprehensive benefits and competing with private insurance.
- Strengthen the ACA: Increase subsidies for the ACA marketplaces and provide incentives for all states to expand Medicaid.
- Cost-Control Measures: Authorize the government to negotiate prescription drug prices, regulate hospital prices, and simplify administrative procedures to reduce waste.
Constitutional Authority: Article I, Section 8 (Taxing and Spending Clause — federal health insurance program structured as a public option in the mold of Medicare and Medicaid, both upheld for half a century; the ACA’s individual mandate and Medicaid expansion specifically upheld in NFIB v. Sebelius (2012) as exercises of the Taxing and Spending powers); Article I, Section 8 (Commerce Clause — federal regulation of the interstate health insurance market, longstanding); Medicare Modernization Act of 2003 and Inflation Reduction Act of 2022 (the existing statutory framework for Medicare drug price negotiation, now extended to the public option); Affordable Care Act of 2010 (the framework for subsidies and marketplace operations extended by this Act). The public option is structurally simpler than the ACA private-insurance regulations and rests on more settled constitutional ground — Medicare has been the constitutional model for public health insurance since 1965. Prescription drug price negotiation: settled authority since the IRA, now expanded. Hospital price regulation: well-precedented under existing Medicare prospective payment system; expansion to non-Medicare markets relies on Commerce Clause authority similar to the existing Hospital Price Transparency Rule (CMS, 2021).
Rationale: The United States spends nearly twice as much per capita on healthcare as any other developed country and gets worse outcomes by virtually every measure — lower life expectancy, higher infant mortality, higher maternal mortality, more medical bankruptcies, more uninsured. This is not because Americans are sicker or American medicine is worse. It is because the system is structurally designed to extract maximum financial return from each medical encounter, rather than to deliver health. Insurance companies profit from denying care. Hospital systems profit from monopoly pricing in consolidated regional markets. Pharmacy Benefit Managers profit from opaque rebate structures. Drug companies profit from patent thickets that prevent competition. The result is a system that is one of the largest line items in the federal budget, one of the largest line items in every household budget, and one of the leading sources of personal bankruptcy — while still leaving 30 million Americans uninsured and tens of millions more underinsured. The public option does not abolish private insurance — it gives every American the choice of a public alternative that competes on cost and coverage. Direct drug price negotiation does what every other developed country already does. Hospital price transparency and regulation address the consolidation that has made hospital pricing opaque and exploitative. This is not “Left vs. Right.” It is “Working vs. Broken.” Healthcare is the foundation beneath the rest of American life — and right now it is broken in ways that no other developed democracy tolerates.
Public Health Insurance Option: Design Parameters
The public health insurance option is the centerpiece of healthcare reform, providing a government-administered plan that competes with private insurance while offering comprehensive coverage at lower cost. This section outlines key design decisions and implementation considerations.
Core Design Principles:
Access and Eligibility:
- Universal availability: Any U.S. resident can enroll (citizens, lawful permanent residents, visa holders)
- No pre-existing condition exclusions: Guaranteed issue
- No medical underwriting: No health questionnaires or coverage denials based on health status
- Open enrollment: Annual enrollment periods with special enrollment for qualifying events
- Immediate coverage: No waiting periods for enrollment or coverage activation
Relationship to Existing Coverage:
- Available to all: Not restricted to those without employer coverage
- Employer opt-in: Employers can offer public option instead of private insurance (potential cost savings)
- Individual choice: Employees can choose public option even if employer offers private plan (may require contribution)
- ACA marketplace integration: Available through healthcare.gov exchanges alongside private plans
- Medicare preservation: Does not replace Medicare; seniors remain in Medicare (superior benefits)
- Medicaid coordination: States can use public option for Medicaid managed care (if cost-effective)
Benefits Package Design:
Benefit Scope (Two Options):
Option A: Medicare-Equivalent (“Medicare for More”)
- Hospital care (Part A equivalent): Inpatient, skilled nursing, hospice
- Medical services (Part B equivalent): Doctor visits, preventive care, durable medical equipment
- Prescription drugs (Part D equivalent): Comprehensive formulary with negotiated prices
- Gaps: No dental, vision, hearing by default (could be added as optional riders or included in base)
- Advantage: Well-understood benefit structure, existing administrative infrastructure
- Cost: Moderate premiums due to established benefit standards
Option B: Comprehensive (“Platinum Plus”)
- All Medicare-equivalent benefits PLUS:
- Dental, vision, hearing coverage (no annual limits)
- Mental health and substance abuse (parity with medical benefits, unlimited visits)
- Long-term care: Home health services, nursing home coverage (with cost-sharing)
- Maternity and newborn care: Comprehensive prenatal, delivery, postpartum
- Preventive care: $0 copay for all recommended screenings and vaccines
- Advantage: True comprehensive coverage, addresses Medicare gaps
- Cost: Higher premiums but offsets out-of-pocket expenses
Recommended: Start with Option A (Medicare-equivalent) to minimize costs and facilitate CBO scoring, with Option B offered as premium tier or phase in dental/vision/hearing over Years 2-3.
Cost-Sharing Structure:
- Premiums: Income-based sliding scale (0% for <138% FPL to 8-10% for >400% FPL)
- Deductibles: $0-500 depending on income tier (lower than typical private plans)
- Copays: $10-25 for primary care, $50 for specialists, $0 for preventive care
- Out-of-pocket maximum: $2,000-6,000 annually based on income (protects against catastrophic costs)
- Comparison: Significantly lower than average private insurance (deductibles often $3,000-8,000)
Provider Network and Payment Rates:
Network Strategy (Three Options):
Option A: Medicare Provider Network
- Automatically include all providers accepting Medicare (vast majority of doctors/hospitals)
- Advantage: Immediate nationwide network, no contracting needed
- Disadvantage: Some providers may opt out if payment rates deemed too low
Option B: Open Network (All Licensed Providers)
- Any licensed provider can treat public option patients
- Advantage: Maximum choice, no network restrictions
- Disadvantage: Harder to negotiate rates, potential for balance billing
Option C: Negotiated Network (Hybrid)
- Contract with provider networks in each region (similar to private insurance)
- Higher payment rates than Medicare to encourage participation
- Advantage: Balanced approach, provider buy-in
- Disadvantage: Administrative complexity, potential network gaps in rural areas
Recommended: Start with Option A (Medicare network) for administrative simplicity, with Option C as fallback if provider participation insufficient.
Provider Payment Rates:
- Baseline: Medicare rates (currently ~40% lower than private insurance average)
- Enhancement: Medicare + 10-15% to encourage provider participation and address adequacy concerns
- Rationale: Even at Medicare+15%, total costs ~25% lower than private insurance (private pays Medicare+40-60%)
- Rural adjustment: Higher rates in provider shortage areas to ensure access
- Quality incentives: Bonus payments for high performance on quality metrics
- Hospital price regulation: Caps on hospital charges (address cost-shifting from Medicare/Medicaid)
Balance Billing Prohibition:
- Providers accepting public option must accept plan payment as payment in full (no surprise bills)
- Enforcement: CMS can exclude providers who violate billing rules
Premium Structure and Affordability:
Income-Based Premium Sliding Scale:
| Income Level (% of FPL) | Monthly Premium (Individual) | Annual Premium (Family of 4) | % of Income |
|---|---|---|---|
| <138% FPL | $0 | $0 | 0% |
| 138-200% FPL | $50 | $200 | 2-3% |
| 200-300% FPL | $150 | $500 | 4-5% |
| 300-400% FPL | $250 | $850 | 6-7% |
| 400-500% FPL | $350 | $1,200 | 8% |
| >500% FPL | $450 | $1,600 | 8-10% |
Comparison to Private Insurance:
- Average employer-sponsored insurance: $650/month individual, $1,800/month family (2024)
- Public option: 30-50% lower premiums for equivalent coverage
- Total cost of care (premiums + out-of-pocket): Public option estimated 40% lower
Subsidy Mechanism:
- Enhanced ACA premium tax credits (existing infrastructure)
- Advance payment directly to public option (minimize upfront cost for enrollees)
- Reconciliation at tax time (if income changes during year)
Administration and Operations:
Administering Agency:
- Centers for Medicare & Medicaid Services (CMS) within HHS
- Leverage existing Medicare infrastructure (claims processing, provider relations, fraud detection)
- Create new division: Office of the Public Option (OPO)
Enrollment and Customer Service:
- Online enrollment through healthcare.gov (integrated with ACA exchanges)
- Phone enrollment: Expand call center capacity (24/7 multilingual support)
- In-person assistance: Community health centers, libraries, social service agencies
- Automatic enrollment: Individuals eligible for $0 premium auto-enrolled unless opt-out (maximize coverage)
Claims Processing:
- Contract with existing Medicare Administrative Contractors (MACs) for efficiency
- Electronic claims submission (same format as Medicare claims)
- 30-day payment standard (faster than many private insurers)
Technology Infrastructure:
- Build on healthcare.gov platform (already handles ACA enrollment)
- Interoperability with private insurance systems (coordination of benefits)
- Mobile app for easy access to coverage information, digital ID cards
Fraud Prevention:
- CMS Office of Inspector General oversight
- Predictive analytics to detect billing anomalies (AI/machine learning)
- Provider audits and enrollment screening
- Whistleblower protections and rewards
Enrollment Projections and Market Impact:
Conservative Enrollment Estimates:
- Year 1: 15 million enrollees (current ACA marketplace ~20M; capture 15-20M from individual market + uninsured)
- Year 3: 25 million enrollees (word of mouth, lower prices drive adoption)
- Year 5: 40 million enrollees (some employer groups switch, individual market dominance)
Optimistic Enrollment Estimates:
- Year 1: 25 million enrollees
- Year 3: 50 million enrollees
- Year 5: 75+ million enrollees (significant employer adoption)
Market Competition Effects:
- Private insurers must compete on price and quality (currently limited competition in many markets)
- Expect private insurers to lower premiums 10-15% to remain competitive (benefit for all)
- Some private insurers may exit individual market (already limited participation)
- Private insurers may focus on supplemental coverage (dental, vision) or premium employer plans
Transition from Medicaid:
- Some states may purchase public option coverage for Medicaid beneficiaries (managed care)
- Must ensure public option benefits ≥ Medicaid benefits (federal oversight)
- Could reduce state administrative costs while maintaining coverage
Cost Analysis and Financing:
Annual Cost Projections:
Enrollment: 15 million (Year 1, Conservative)
- Average cost per enrollee: $5,500 (lower than private due to lower payment rates and reduced overhead)
- Total medical costs: $82.5 billion
- Administrative costs (2% overhead): $1.7 billion
- Total cost: $84.2 billion
- Premiums collected: $30-40 billion
- Net federal cost: $44-54 billion (after premiums)
Enrollment: 25 million (Year 3, Moderate)
- Total medical costs: $137.5 billion
- Administrative costs: $2.75 billion
- Total cost: $140.25 billion
- Premiums collected: $60-75 billion
- Net federal cost: $65-80 billion
Enrollment: 40 million (Year 5, Conservative Steady-State)
- Total medical costs: $220 billion
- Administrative costs: $4.4 billion
- Total cost: $224.4 billion
- Premiums collected: $120-150 billion
- Net federal cost: $74-104 billion
Offset by System-Wide Savings:
- Reduced uncompensated care: $20-30B (hospitals no longer absorb uninsured costs)
- Private market premium reductions: $50-100B (competitive pressure lowers private premiums)
- Prescription drug negotiation: >$250B (Based on the 2026 CBO baseline) (included in earlier expenditure analysis)
- Administrative simplification: $50-100B (included in earlier expenditure analysis)
Net Impact:
- Public option federal cost: $74-104B (Year 5 steady-state)
- System-wide healthcare savings: $270-430B annually
- Net healthcare savings: $166-356B annually (even accounting for public option costs)
Implementation Timeline:
Days 1-60 (Design Phase):
- HHS convenes stakeholder consultation (insurers, providers, patient advocates, states)
- Draft benefit package specifications
- Determine provider payment rates (analyze Medicare adequacy)
- Design premium sliding scale and subsidy structure
- Develop enrollment and claims processing systems requirements
Days 61-120 (Draft Legislation):
- HHS delivers draft legislation to Congress
- CBO scoring process begins (cost estimates, enrollment projections)
- Committee hearings and markup
Days 121-180 (Refinement and CBO Scoring):
- Revise based on Congressional feedback and CBO preliminary score
- Finalize legislative text
- Build political coalition for passage
Months 6-12 (Legislative Process):
- Congressional consideration (House, Senate)
- Budget reconciliation option if necessary (simple majority)
- Presidential signature
Year 2 (Buildout Phase):
- CMS builds administrative infrastructure (OPO)
- Provider outreach and enrollment
- Technology system development (healthcare.gov integration)
- Marketing and public education campaign
- Hire customer service staff
Year 3 (Launch):
- Open enrollment begins (October Year 2 for January Year 3 coverage)
- Coverage begins for first enrollees
- Monitor enrollment, costs, provider participation
- Rapid response team for implementation issues
Years 4-5 (Optimization):
- Expand benefits if fiscally sustainable (add dental/vision)
- Adjust payment rates based on provider participation
- Evaluate cost-sharing structure (reduce premiums if surplus)
- Consider employer purchasing option
Political Strategy and Stakeholder Management:
Coalition Building:
- Patient advocates (universal coverage, affordability)
- Labor unions (employer healthcare costs reduced)
- Small businesses (alternative to expensive private plans)
- Hospitals and providers (payment for currently uninsured patients, reduced uncompensated care)
- State governments (Medicaid cost control option)
Opposition and Counterarguments:
Private insurance industry: “Government takeover, kills private insurance”
- Response: Public option is choice, not mandate; private insurance thrives in Medicare Advantage market (30%+ of seniors); competition improves quality
Providers: “Medicare rates too low, threatens access”
- Response: Medicare+10-15% rates more sustainable than current uninsured uncompensated care; rural adjustments address access concerns
Fiscal conservatives: “Unaffordable, adds to deficit”
- Response: Premiums cover 50-60% of costs; net cost <$100B offset by system-wide savings $270-430B; healthcare spending as % of GDP decreases
Constitutional challenges: Unlikely (ACA upheld, government insurance programs well-established)
Communication Strategy:
- Lead with choice: “If you like your private insurance, keep it”
- Emphasize competition: “Let government compete fairly and see if it can do better”
- Cost savings: “Lower premiums, lower deductibles, lower out-of-pocket costs”
- Universal coverage: “No American should go bankrupt from medical bills”
- Medicare model: “We trust Medicare for seniors; extend that option to everyone”