Quote: Original post by EelcoI agree. A well functioning legal system and a possibility to enforce it are of paramount importance in contract based societies. I gather you are for a more minarchist model, or even night watchman state.
Yes, i think a well-functioning legal system accessible to all is fundamental to a free society. All countries i know of a significantly lacking in this regard. You pretty much need big money just to get heard in court. Thats bullshit, and it opens the door for all kinds of abuse.
Quote: Original post by EelcoThe burden of proof would be difficult to enforce as there is a resource imbalance towards these companies (or corporations). As you write, modern societies are lacking in this respect, partly because economic power is real power someone will use for his own benefit. I think the problem runs even deeper and it has to do with more fundamental concepts pertaining to the formation of societies in the first place.
There definitely is a power imbalance problem here, where it pertains to contracts and loopholes and playing the legal system. Some measures to counteract loopholes and conditions that people would simply not have agreed upon, had they been aware of them, seems like a good thing to me. As i said, if an insurer is to refuse care, the burden of proof for that should be on him. Hed better have that specified in bold, in a list of conditions not covered or somesuch. Vague interpretable claims need not apply.
Quote: Original post by EelcoPerhaps one fundamental issue here is that a society should protect its members, always. Be them poor, rich, sick, disabled, criminals or victims. In that case the individuals can decide to relocate their resources to a commonly managed pool. I figure you disagree with this part due to your chosen philosophy. That is, you disagree with the notion "a society" decides how to use some of your resources or that "the society" arrange itself a certain way that makes exercising your chosen way more difficult.
To solve these problems by demanding insurers can not refuse new clients, or refuse payment for conditions not specified in the contract, is however the end of insurance in any meaningfull term of the word. If redistribution relative to the current status quo is the aim (and it is), there are ways to do it without making insurance effectively illegal. Set price controls on medical practicioners, and outline a minimum coverage plan that you will subsidize as a government. Now im not saying i am looking forward to the long term unintended consequences of that, but it seems like the least invasive way to redistribute.
In anycase, as it seems to be currently, these insurance companies aren't competing on driving down costs or offering substantially better products to their customers (this one could make an interesting topic too). Would it be more pragmatic in short term to fix issues with some variant of the currently proposed public health care bill and improve the legal system after that? I mean to ask that do you believe that there would be short-term benefits for doing this? It may be, of course that long-term implications of the proposed bill are problematic.
One way of seeing public health care is that it'd level the playfield in the sense that it changes the power balance towards individual members of a society, making a need for better legal system less acute. Other issues are that someone could argue the state could be more cost efficient and drive down costs solely for being a bigger collective – leaving the society to form (that is, to collecet resources) (insurace) corporations to compete (or in general muster resources to produce benefits) with other means.