How did we get here? Following the wisdom of Maria Von Trapp, let’s start at the very beginning, a very good place to start.
On July 30, 1965, President Lyndon B. Johnson signed the Social Security Amendments of 1965 in Independence, Missouri. At the signing, President Johnson was introduced by President Harry Truman, who first proposed a national health insurance plan in 1945. President Truman believed that “[e]veryone should have ready access to all necessary medical, hospital and related services” which could be solved “by distributing the costs through expansion of our existing compulsory social insurance system.”9
In his remarks, President Johnson described the provisions of what is now known as Medicare in significant detail. In contrast, he used the words “poor” and “poverty” only once, and his most detailed reference to what is now known as Medicaid was a quote from the Old Testament:
Thou shalt open thine hand wide unto thy brother, to thy poor, to thy needy, in thy land.10,11
Section 1905(a) of Title XIX of the Social Security Act – Grants To States For Medical Assistance Programs defined medical assistance as follows:
(a) The term ‘medical assistance’ means payment of part or all of the cost of the following care and services (if provided in or after the third month before the month in which the recipient makes application for assistance) for individuals who are –
(i) under the age of 21,
(ii) relatives…with whom a child is living if such child…is…a dependent child under Title IV,
(iii) 65 years of age or older,
(iv) blind, or
(v) 18 years of age or older and permanently and totally disabled,
but whose income and resources are insufficient to meet all of such cost –12
Following the description of those eligible for medical assistance is a list of almost every type of acute, post-acute, ambulatory or home-based healthcare service.
Section 1905(b) defined the term “Federal matching assistance program,” aka FMAP, a formula explicitly designed to account for differences in per capita income among the states, “except that (1) the Federal medical assistance percentage shall in no case be less than 50 per centum or more than 83 per centum…”13
The Social Security Amendments of 1965 also included amendments to Title V – Grants to States for Maternal and Child Welfare. Section 501 of the Social Security Act of 1935 stated the following:
SECTION 501. For the purpose of enabling each State to extend and improve, as far as practicable under the conditions in such State, services for promoting the health of mothers and children, especially in rural areas and in areas suffering from severe economic distress, there is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1936, the sum of $3,800,000. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Chief of the Children’s Bureau, State plans for such services.14
Notably, the “$3,800,000” set forth in Section 501 of the Social Security Act of 1935 is now “$850,000,000.”15
The 1965 Amendments also added a new section at the end of Section 504:
(d) Notwithstanding the preceding provisions of this section, no payment shall be made to any State thereunder for any period after June 30, 1966, unless it makes a satisfactory showing that the State is extending the provision of maternal and child health services in the State with a view to making such services available by July 1, 1975 to children in all parts of the State.16
In summary, the Constitution clearly empowers Congress to implement social welfare programs like Medicare and Medicaid pursuant to its power “to provide for…the General Welfare of the United States.” In turn, the legislative history of the Social Security Act clearly demonstrates Congress’ almost century-long commitment to those who are aged, disabled, mothers and children. Here are the fiscal ramifications of that commitment. |
That historical context leads to this question: Is Medicaid expansion a modern-day Trojan Horse for “healthcare for all,” the fulfillment of President Truman’s dream by a devoted few with the discipline and skill to play the “long game” over almost a century or, instead, a modern-day Manhattan Project, an atomic fiscal bomb that will hasten the bankruptcy of America?
The argument that Medicaid policy is a Trojan Horse for “healthcare for all” is straightforward. An idea articulated by President Truman in 1945 was the impetus for the Social Security Amendments of 1965, which in turn were the foundation for Medicaid expansion under the ACA as championed by President Obama in 2010:
On March 23, 2010, I sat down at a table in the East Room of the White House and signed my name on a law that said, once and for all, that health care would no longer be a privilege for a few. It would be a right for everyone.18
In 2016, President Obama made these remarks:
So because of this law, because of Obamacare, another 20 million Americans now know the financial security of health insurance…
Now, that doesn’t mean that it’s perfect. No law is… But we’ve also always known – and I have always said – that for all the good that the Affordable Care Act is doing right now – for as big a step forward as it was – it's still just a first step. It's like building a starter home – or buying a starter home. It's a lot better than not having a home, but you hope that over time you make some improvements. And in fact, since we first signed the law, we’ve already taken a number of steps to improve it. And we can do even more…19
Whether Medicaid as a Trojan Horse is a noble idea is different than whether it is an American idea. President Truman’s belief in national health insurance might have been influenced by the Beveridge Report, a 1942 survey of Great Britain’s social welfare policy that preceded the creation of the England’s National Health Service. While some percentage of Americans believe that healthcare is a “right,” America has never had that national conversation. Perhaps it is time.
Whether Medicaid as a Trojan Horse is an American idea is different than whether current Medicaid policy is sustainable. As noted above, Medicaid (and Medicare) clearly fall within Congress’ enumerated powers to “provide for the Common Defence and the General Welfare of the United States.” However, “General Welfare” is, by definition, a general concept, whereas “Common Defence” is specific, implying that the Founding Fathers intended Congress to prioritize appropriations for defense over social welfare.
The political irony of the current discussions about Medicaid policy is that there is no health policy more inequitable than Medicaid, which from inception has differentiated among the poor based on the state of their residence, an inevitable outcome of partial Federal funding of state-led initiatives. The ACA’s “enhanced” FMAP percentage furthered that inequity, adding a layer of differentiation – or discrimination – based on the level of poverty, with higher funding for “non-elderly, non-pregnant” adults who were also “less poor.”20 Fifteen years after the ACA, the House version of the One Big Beautiful Bill Act does nothing to reduce that inequity.
The argument that Medicaid policy is a modern-day Manhattan Project is less obvious, which makes it more concerning.
In Federalist No. 30, Hamilton wrote this:
Money is, with propriety, considered as the vital principle of the body politic; as that which sustains its life and motion, and enables it to perform its most essential functions. A complete power, therefore, to procure a regular and adequate supply of it, as far as the resources of the community will permit, may be regarded as an indispensable ingredient in every constitution. From a deficiency in this particular, one of two evils must ensue; either the people must be subjected to continual plunder, as a substitute for a more eligible mode of supplying the public wants, or the government must sink into a fatal atrophy, and, in a short course of time, perish.21
President Truman had a sign on his desk that said “The Buck Stops Here.” With respect to Federal Medicaid policy, the buck stops with Congress, but Congress has been passing the buck for decades.
As an officer of the United States, every member of Congress takes this oath of office:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.22
More than 2M businesses are incorporated in Delaware, including more than 300 companies listed in the Fortune 500.23 Officers of those businesses are subject to the fiduciary duty of care, which requires making “informed business decisions” based “on the information that is material to the decision before them.”24 The standard for meeting the fiduciary duty of care under Delaware law is gross negligence, a stringent standard "which involves a devil-may-care attitude or indifference to duty amounting to recklessness."25
An oath to “well and faithfully discharge the duties of office” is a less strict standard than gross negligence, and any CEO or CFO of a company incorporated in Delaware would be deemed grossly negligent – and potentially personally liable – for continuing to incur debt to increase social welfare spending as Congress continues to do. Whether Hamilton would judge Congress grossly negligent for incurring “oppressive” levels of debt, he would undoubtedly believe that these trends represent “deficiencies” that could subject Americans to “continual plunder” and sink the United States of America “into a fatal atrophy.” |
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