Thursday, April 3, 2014

Effect of Obamacare on Incidence of Personal Bankruptcy Filings



Monday was the deadline for signing up for health insurance through the Affordable Care Act’s insurance exchange. I was talking to my dad about the impending deadline over the weekend. I was trying to impress him with my legal knowledge and said: “Yo dad! Did you know that Obamacare will be the end of personal bankruptcies as we know it?” He did not know that. Yes! Score one for Hannah. I then realized that while I had heard about the link between healthcare reform and Bankruptcy, I did not know if Obamacare really would bring the end to personal bankruptcy. In reality, I was simply blowing smoke by offering the bankruptcy factoid to my dad.

So I set out to research the topic of my puffery. Here is what I found:

Most people file bankruptcy for one of three reasons: job loss, divorce, or medical expenses. In 2007, medical debt accounted for over 60% of all bankruptcies. However, according to the data, three quarters of those who filed for bankruptcy in 2007 had health insurance. Given this data, Obamacare is unlikely to decrease the amount of filings because it seems like people with insurance, still need bankruptcy protection to help manage the debt created by medical bills that insurance does not cover.

From most of what I read, its true, Obamacare will not fix the medical bankruptcy problem entirely. While Obamacare reduces the number of people who would have been uninsured, the new private coverage offered to many middle-income Americans through the health insurance exchanges will leave many of them underinsured. That means, even if people are covered, they still may go into debt paying the uninsured portions.

Massachusetts is an interesting case study. Did you know that Mitt Romney brought near-universal health insurance access to Massachusetts back in 2008? Didn’t he advocate for repealing Obamacare in the last election? Interesting. One researcher tallied the number of medical bankruptcies in Massachusetts in 2007 and compared them to the number in 2009, two years after heath care reform was enacted in the state. In 2007, 59% of personal debtors attributed their bankruptcy filings to medical-related debt. In 2009, 52% of personal debtors blamed their problem on medical bills. Still, a different Massachusetts study saw a more significant drop. They say that the incidence of medical bankruptcies has dropped by 20%.

On the other hand, at least in theory, Obamacare could lower the number of bankruptcy filings for certain groups of people. Particularly for those people at or near the poverty line. With Obamacare’s expansion of Medicaid, many people who were previously not eligible for Medicaid, will now receive comprehensive benefits. However, the effect on the incidence of medical related bankruptcies across the country will differ depending on whether an individual’s home state has agreed to or opted out of Obamacare’s Medicaid expansion. In states like Alabama, where the state government refuses to expand Medicaid, the law’s effect on the number of bankruptcies will be significantly reduced.

So, this doesn’t exactly sound like “the end of personal bankruptcy as we know it.” Sorry dad L

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