The following is based in an understanding of natural rights and natural law as Locke explained them and our founders understood them, and assuming they are protected by a government formed through the social contract and tasked with the sole responsibility of protecting the individual rights and liberties of every individual equally by insuring the fair and impartial application of the rule of law.
How to fix our “healthcare problem:”
1 — Throw out ALL federal health care laws – ALL of them.
2 — End – TOTALLY END public payment for private care. In a free society, no one is or should be held responsible for the welfare of another. This is the role of the individual, their family and – as a last resort – charity – true charity. Maybe, if we did this, there would be fewer hangnails in the ER and much less animosity toward the Church.
3 — END – TOTALLY END employer-based health care insurance. This is merely a means of separating the individual from personal responsibility, as well as a path to facilitate wealth redistribution from the employer to the employee. It has no place in a free and self-governing society as it runs counter to the natural right to contract by placing 3rd and 4th parties into the contract who have no obligation to the primary parties who must provide and receive the benefits of the contract.
4 — Address the very real issue of tort reform: put a simple “Loser pays ALL fees” law in place and prohibit contingency fees. The lawyer has an hourly rate, make him abide by hourly wages like the rest of the world. Commission sales destroys the integrity of the justice system which, under natural law, should be confined to restitution for actual damages plus no more than 1/5 in penalties. A return to natural law would also eliminate the excessive “pain and suffering” claims as well. If one cannot show a loss, then no loss was incurred and no one should be forced to pay for something they did not actually do.
5 — Allow insurance companies to restructure their policies as they see fit. Routine health care or “maintenance” care is NOT something one needs “insurance” against. One needs insurance for the things that CAT plans normally cover. The rest should rightfully be paid OOP by the individual. Anything else destroys the fundamental nature of insurance.
6 — CAT plans can cover the rest. Allow CAT plans to be bought and sold across States lines. This is another restraint on natural rights and natural law as it serves no purpose but to restrict the market and drive up health care insurance costs.
7 — Finally, make it easier for someone to sue their insurance company. If a company is unwilling to fulfill the terms of its policy, the customer should be allowed to sue in short order for the maximum amount entitled under those terms, plus the 1/5 penalty and attorney’s fees. Furthermore, if we also address the issue of corporations and how they are used to shield their owners, if a customer has to sue his/her insurance company and that suit meets the requirements of a class action suit, the owners of that corporation may well face the possibility of personal financial loss and even jail time – as they should.
Problem solved, and all within the confines of the natural rights, natural law and free market.