Tuesday, December 24, 2024

Healthcare Vigilantism

 

 

Do you have healthcare insurance coverage? According to the Peter G. Peterson Foundation, most Americans (92%) have some form of coverage. This number accounts for approximately 305 million people. However, that leaves 8% or over 25 million without insurance. The Affordable Care Act (Obamacare) allowed many more to get access to healthcare by removing the pre-existing restriction clauses and by adding young people to their parents' insurance. Still, the costs for individual coverage remain out of reach for many. The Supreme Court decision to remove the mandate for coverage weakened the original plans to average costs across many generations. High deductibles, common to many marketplace plans, made access more difficult for some families.

Still, most people say they are satisfied with their employer-based healthcare. Some plans covered mandated minimums but little more, while others have expanded their services. Many of the problems and complaints come from issues of access. Patients must go to a provider in their plan, or have to pay more or have services denied. At other times, the insurer requires a second opinion or offers few specialty choices. If a denial is appealed, a subsequent decision may be delayed. These are the concerns that lead many to speak out about the lack of care provided by their plan.

When a person is in pain, or ill, the last thing they want to do is argue with their insurance about covered services. Yet too often, this is the case, and care delayed can be the difference in life or death in cases such as rapidly expanding malignancies, for example.

I worked for many years in the healthcare industry and have seen these issues from multiple sides, Facilities, Providers, Patients, and Insurers. I have audited medical records from doctors, hospitals, and nursing homes. I know that most try to provide good care but are sometimes constrained by external forces. Although there is some fraud in the industry, most claims are legitimate and should be paid as they are submitted. Managed care organizations (MCO’s) in my opinion, to save money for their stockholders, brought in the bean counters to measure every aspect of the patient encounter. For example, some physicians were told they could only address a single complaint in a visit and not answer extraneous questions. However, when one is a senior citizen, such as I am, often multiple conditions are interrelated and must be addressed. Medical visits should not be like checkouts in the grocery store.

Looking back to my childhood, I see a different medical picture. Then doctors and others had fewer tools in their treatment tool box, but still made house calls when it was necessary. The doctor knew the family and could make a social assessment if necessary. They knew to ask questions about food security, domestic violence, and loss of jobs. Today, it is difficult to build up trust and have a relationship with a provider one sees twice a year for 12 minutes.

This leads me to the recent issue of vigilantism. The Internet exploded with people applauding the random killing of a healthcare executive. This man was a father, a husband, and a respected person in his profession. Just because he worked in healthcare for a major company, should his killing be justified? What does that make of us as a society? No matter how disliked his employer is, nothing justifies his cold-blooded killing.

The basic facts, as most people already know, the CEO of United Health Care, Brian Thompson, was murdered on a New York City sidewalk. After an intense search for the suspect, the police released a photo that was widely displayed. Although he was masked, surveillance cameras captured enough of an image that led to the arrest of a suspect in Altoona PA.

There, patrons of a McDonald’s saw a resemblance with a young customer and called local police, who arrested a young man after verifying his identity.

Authorities described finding a written manifesto in his backpack that indicated his issues with medical care he received before and after back surgery. It included references to the Unabomber, Ted Kaczynski. This reference was also taken up by the sudden followers this had on the Internet. Memories are short, Kaczynski was not a hero, he was a person with grudges and grievances who deliberately wounded several persons and killed others with his package bombs. Over a period of almost twenty years, he targeted people whom he believed were harming the environment or promoting increased uses for technology.

Novelist Maxim Loscutoff wrote a novel about the Unabomber and the American West called Old King. When speaking to a high school class about this novel, he learned many of them considered the Unabomber a hero. In a column for the New York Times, he describes:

“To many young people living in a system of extreme economic disparity, in a world they believe is on the verge of ecological collapse, the Unabomber represents a dark, growing ideological desperation. To them, his ruthlessly intellectualized turn to violence can seem justified.

But what is lost in this lionization of one of the most notorious terrorists in American history is that for Mr. Kaczynski, the desire to kill came first, and the ideological justifications followed. Lonely rage defined him, and he spent far more time tormenting his neighbors than he did on his grandiose plans to bring down industrial society.”

“Watching video of Mr. Mangione’s detention, and listening to the words he shouted to the media, I felt a profound sadness. I saw a young man with a promising start in life lost in naïve convictions, and poisoned by his newly formed and corrupt ideology.

Violent men have always gained followers, but Mr. Kaczynski’s continued influence is mostly intellectual. He had a showman’s instinct for manipulating the crowd, and intuited that the advance of technology and collapse of the environment would be the two dominant crises of the 21st century. He callously identified the environmental movement as being the most socially acceptable justification for his crimes, even though he privately denigrated environmentalists in his journals, and proudly littered, poached and illegally logged on national forest land around his cabin.

Decades later, the health insurance industry is now a catalyst for rage in contemporary society — denying people medical care, denying doctors payment and bankrupting patients while making hundreds of billions of dollars in profit. Its avarice affects people of all stripes, and the disturbingly widespread support for Mr. Thompson’s killing online is evidence of the boiling river of resentment running beneath our streets.

Plenty of young people are alienated from both sides of the political spectrum, and trying to create their own patchwork philosophies. They’ve seen little meaningful reform from either political party in their lifetime, get their information from a wide range of sources of varying reliability and take pride in forming their own opinions.

This explanation does not excuse the actions of this young man who allegedly killed someone he did not know and had had no contact with. There is no history of him ever having been a client of United Health Care. He grew up, a young man of privilege with a recognized intellect, and graduated from prestigious universities. How did he choose this path? We may never really know as he now seems alienated from most of society.

The American Psychological Association describes the emotions that lead to such actions briefly.

Why some people resort to vigilantism—to the admiration of many

The psychology behind vigilantism is complex, involving individual traits, societal influences, emotion, and reasoning

“At the contextual level, their research shows vigilantes often see their environments as filled with violations of norms and rules, and they lack faith in authorities to address these issues effectively. This perception motivates them to seek out and punish “perpetrators” outside of the formal justice system. “Vigilantes are not purely motivated by sadism,” Chen said. “To their perception, they are doing this for public good or to help other people.”

Feeling good about bad acts

Supporters of vigilantes share the belief that the justice system fails to punish perceived wrongdoing. Isabel Pinto, PhD, director of the Social Psychology Lab at the University of Porto, conducted research showing that when people perceive formal institutions of social control, such as the justice system, as ineffective, they are more likely to support harsh and informal measures to punish those they see as offenders (Pinto, I., et al., Peace and Conflict: Journal of Peace Psychology, Vol. 30, No. 3, 2024).”

The Washington Post wrote an editorial about this incident that said in part:
“Those who excuse or celebrate Mr. Thompson’s killing reveal an ends-justify-the-means sentiment that is flatly inconsistent with stable democracy. An all-things-are-warranted mindset also animated the mob at the Capitol on Jan. 6, 2021, and campus protesters who have hailed the “martyrs” of Hamas — groups very different in their degrees of moral transgression and practical impact, but similar in their embrace of extreme measures to right perceived wrongs. To repeat: Most Americans probably reject this kind of thinking. But social media makes what would have previously been ignorable fringe expressions more prominent.

Some who do not countenance the killing itself have nevertheless tried to treat it as an occasion for policy debate about claim denial rates by health insurance companies, an admittedly legitimate issue. That’s fine in principle, but we’re skeptical that this particular moment lends itself to nuanced discussion of a complicated, and heavily regulated, industry.

Controlling health-care costs requires difficult trade-offs, the essential one being between access and cost. Insurers, whose profits are capped by federal law, must contend with consumer demand for ready access to high-priced specialists and prescription drugs — and, at the same time, premiums low enough that people can afford coverage. Many dislike the way the nation’s private-sector-led insurance system manages the trade-offs. But even the most generous state-run health systems in other countries also have to face them. Certain forms of care are delayed, or not even offered, to conserve finite resources for the treatments that are believed to deliver the most value for money

Americans’ best response is to support leaders and legislation that improve health-care outcomes by restraining premiums, cutting unnecessary costs and investing in care that works. A debate on one small piece of this complex set of issues will occur next year, when Congress is to consider whether to keep temporary Obamacare enhancements that have boosted enrollment.

So, in conclusion, no one seems to have the answers to our health industry costs/care dilemma, but maybe discussions are getting started. But, whether we solve this issue now or later, we need to start. We also need to speak out strongly against violence as a solution to this and other societal concerns.

Before I close, I send best wishes to all as we enter the holiday season and look forward to the New Year.

Til next time-Peace!

Monday, December 9, 2024

Consumer Financial Protection Bureau Gone?

 

Guess who the dynamic duo, i.e. Vivek and Elon, might go after next? Of course, it could be our citizen advocate, CFPB, known as The Consumer Financial Protection Bureau.

As reported recently on MSNBC by (and truncated below:

“The Silicon Valley Bros are not fans of the Consumer Financial Protection Bureau. Elon Musk would like you to know that he believes the bureau is an unnecessary bureaucratic hiccup and one that should not exist. “Delete CFPB,” he posted on X last week, adding it’s “duplicative,” a perfect target, he seemed to indicate, for his DOGE commission to improve government efficiency. Musk’s comment was in response to, yes, another post, this one detailing claims about the agency made by venture capitalist Marc Andreessen on Joe Rogan’s popular podcast. Andreessen claimed the CFPB is the personal fiefdom of Sen. Elizabeth Warren, D-Mass., and that it pursues political and business vendettas against Republicans and small, scrappy fintech startups on behalf of Democrats and the big banks.

None of this is true. The amount of bad faith and seemingly deliberate duplicity on display here — by Musk, Andreessen, and many who support them online — is staggering. The CFPB aims to protect the American people from vested financial interests big and small, ranging from too-big-to-fail banks to fly-by-night payday loan lenders to Silicon Valley fintech startups. Almost all these interests hate it, not because the agency is “duplicative,” but precisely because it is not “

Over its almost 13 years, the agency has stopped numerous financial ripoffs and returned billions of dollars to the public. Its mere existence provides an ongoing demonstration of how the government can effectively stand up to big money interests and protect the American people. Fittingly, Musk — and other Silicon Valley titans — want it to go away.

On Rogan’s program, Andreessen claimed the CFPB orders “debanking” — that is, forced shutting down of bank accounts and other financial tools — for those it believes have “the wrong politics.” But debanking is, for the most part, not a CFPB issue — and where it is, the CFPB is doing the exact opposite of what Andreessen claimed. In August, the CFPB filed a brief in a legal case arguing that debanking of religious conservatives is a form of discrimination. At a panel earlier this year, CFPB Director Rohit Chopra argued that this amounts to payment services’ “setting laws or conditions outside of the democratic process.” On Tuesday, the CFPB followed this up by making it clear a proposed new rule would, if finalized, stop the sale by data brokers of personal info to scammers, and could also combat debanking that occurs because of identity theft or other fraud.

However, the CFPB has a lot to do with regulating the fintech space, which is something that Andreessen, Musk, and the rest of Silicon Valley are very interested in.  Let’s start with what Andreessen did not disclose to Rogan’s audience. In 2021, the CFPB shut down a fintech named LendUp Loans after the agency flagged and fined it multiple times for offenses including lying to customers and tricking them into taking on high-interest loans. Earlier this year, the bureau announced it would distribute nearly $40 million to “118,101 consumers who were deceived by LendUp Loans.” It was a humiliating end for a firm whose backers, according to The Wall Street Journal, included “some of the biggest names in venture capital, including ... Andreessen Horowitz.” Yes, that Andreessen.

More broadly, under Chopra, the CFPB has moved in on the Wild West environment of digital payment and wallet apps, including not just Venmo and PayPal but also Google and Apple. It has subjected them to federal oversight and issued regulations governing their behavior regarding fraud — not dissimilar to how traditional banks are treated.

Silicon Valley, unsurprisingly, is no more happy to subject itself to rules than Wall Street is. In particular, Musk — who has made it no secret that he would like X to branch into digital financial services — has a long track record of attempting to bend the government to his will and flouting its authority when he cannot.

The CFPB, born out of the financial crisis, stands in the way of all that. Little wonder Musk and company think it needs to go.”

How did we get to this point regarding an agency much respected by the general public?

After years of battles, the Consumer Financial Protection Bureau (CFPB) opened its doors in 2011. Elizabeth Warren, then a professor at Harvard, previously led a committee on financial oversight as requested by Congress. Her findings suggested better transparency in all lending practices, a reduction of legalese in documents, and a simple explanation of costs with no hidden fees. Created by Congress under the Dodd-Frank Financial Law to restructure some lending practices that many thought contributed to an unstable economy. Loans were made, then bought and sold to conglomerates, no longer based in a local community and with little interest in small or local markets. The stated goals were, as described by Warren:

1.    To ensure consumers have enough timely information to make responsible financial decisions

2.    To protect consumers from unfair, deceptive, or discriminatory practices

3.    To reduce unnecessary or burdensome regulations

4.    To increase fair competition and enforce federal law consistency by equal law enforcement and

5.    To advance a market that is transparent and efficient and promotes access and innovation 

But, almost before the new bureau could set up its files, Republicans, lenders, and others in the financial industries set out to undermine the authority it was granted. Professor Arthur E Wilmarth Jr. described the issue in 2012 in a George Washington University Law publication titled:

The Financial Services Industry’s Misguided Quest to Undermine the Consumer Financial Protection Bureau

He concluded:

“The financial crisis has shown convincingly that a systematic failure to protect consumers will eventually threaten the stability of our financial system as well as our general economy. Congress should therefore preserve CFPB’s existing authority and autonomy despite the determined attacks of the financial services industry and its Republican allies.”

You might have forgotten just how fraught the situation was in 2008 before President Obama took office. Banks were failing, buyers were defaulting on their loans, Lehman Brothers could not find a backer and folded, world markets were skittish, and the auto industry was on the verge of collapse. Treasury did not want to move boldly, Congress did not want to bail out anyone, and there was a presidential campaign underway. Widespread defaults caused losses even for those with sensible mortgages because their neighborhoods were devalued by the empty homes nearby.

So, once the Bureau got started, it had to set priorities. One of the first issues they worked out for consumers was in the mortgage industry, where predatory lenders convinced homeowners to buy mortgages they could not afford, and should not have qualified for. Coupled with high interest rates and saddled with homes that, because of the housing market downturn during the Great Recession, were under water (no longer worth what they cost), many buyers simply walked away from their homes.

Many companies, when scrutinized, could not stay in business. The CFPB worked with the industry to root out the rotten apples, consolidated services in larger companies and began a massive consumer education program to increase financial literacy. It also addressed many of the excesses and unfair practices in the banking industry. Wells Fargo was a good example of these practices in 2015. In a statement, the CFPB discussed the issue.

“Today we fined Wells Fargo Bank $100 million for widespread unlawful sales practices. The Bank’s employees secretly opened accounts and shifted funds from consumers’ existing accounts into these new accounts without their knowledge or permission to do so, often racking up fees or other charges.

"Wells Fargo employees secretly opened unauthorized accounts to hit sales targets and receive bonuses. Because of the severity of these violations, Wells Fargo is paying the largest penalty the CFPB has ever imposed. Today’s action should serve notice to the entire industry that financial incentive programs, if not monitored carefully, carry serious risks that can have serious legal consequences."

Bank employees temporarily funded newly-opened accounts by transferring funds from consumers’ existing accounts in order to obtain financial compensation for meeting sales targets. These illegal sales practices date back at least five years and include using consumer names and personal information to create hundreds of thousands of unauthorized deposit and credit card accounts.

The law prohibits these types of unfair and abusive practices.

Violations covered in today’s CFPB order include:

  • Opening deposit accounts and transferring funds without authorization, sometimes resulting in insufficient funds fees.
  • Applying for credit card accounts without consumers’ knowledge or consent, leading to annual fees, as well as associated finance or interest charges and other late fees for some consumers.
  • Issuing and activating debit cards, going so far as to create PINs, without consent.
  • Creating phony email addresses to enroll consumers in online-banking services.

 

Certainly, if this happened in my bank account, I would agree that the punishment should be severe. If the CFPB were not in place as a watchdog with enforcement actions, other banks could also exercise unseen powers that harm the consumer. And, this is just one industry. Other enforcement actions were taken against junk fees, credit card fees, and overdraft practices, as well as the payday loan industry.

According to the agency website, as of 2023, over 17 billion dollars has been returned to consumers in the first ten years.

$17.5 billion–The amount of money the CFPB has put back in Americans’ pockets in the form of monetary compensation, principal reductions, canceled debts, and other consumer relief resulting from CFPB enforcement and supervision work

$4 billion–the amount of money CFPB has imposed in civil money penalties on companies and individuals that violate the law. This money is deposited into the victims relief fund which provides compensation to people who have been harmed by violations of federal consumer financial protection law

200 million–The estimated number of consumer accounts eligible to receive financial relief from the CFPB’s enforcement and supervision work

$175 million–The amount of monetary relief resulting from 39 public enforcement actions that involved harm to service members and veterans

50.1 million –The number of users who have accessed answers to hundreds of common financial questions via the CFPB’s Ask CFPB database

4 million–The number of consumer complaints the CFPB has sent to companies for response on behalf of consumers. Our public Consumer Complaint Database has published over 3.8 million of those

3,000–The average number of complaints the CFPB handles each day

180–The number of languages that consumers can use to file a complaint

This, certainly, is an agency that should stay in business. Call your representatives now.

As of tonight, there is a lot of turmoil in the world outside our borders. Remarks by the president-elect do not seem to be a stabilizing factor. And Tulsi Gabbard’s friendship with Syria’s Assad is again called into question. Assad fled to Russia as cities fell in his country to an armed insurgency.

Til next week-Peace!