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Last Updated: September 01, 2026

The American Health Security Act

Constitutional Authority

Article I, Section 8 (Taxing and Spending Clause — federal health insurance program structured as a public option in the mold of Medicare and Medicaid, both upheld for half a century; the ACA’s individual mandate upheld in NFIB v. Sebelius (2012) as an exercise of the taxing power. Note the limit NFIB imposes: the same decision held that conditioning a state’s existing Medicaid funds on acceptance of the expansion was unconstitutionally coercive under the Spending Clause, which is why expansion is effectively optional and why holdout states remain. The Medicaid provisions of this Act are therefore structured as new-money inducements that do not place existing federal funding at risk — see Strengthen the ACA above); Article I, Section 8 (Commerce Clause — federal regulation of the interstate health insurance market, longstanding); Medicare Modernization Act of 2003 and Inflation Reduction Act of 2022 (the existing statutory framework for Medicare drug price negotiation, now extended to the public option); Affordable Care Act of 2010 (the framework for subsidies and marketplace operations extended by this Act). The public option is structurally simpler than the ACA private-insurance regulations and rests on more settled constitutional ground — Medicare has been the constitutional model for public health insurance since 1965. Prescription drug price negotiation: settled authority since the IRA, now expanded. Hospital price regulation: rate-setting authority rests primarily on the Medicare prospective payment system, which has set administered hospital rates since 1983 and is the closest and strongest precedent. The Hospital Price Transparency Rule (CMS, 2021) is cited only for the narrower proposition that CMS may impose disclosure obligations on hospitals in commercial markets — disclosure is not rate-setting, and it should not be relied on as authority for price caps. Extension of administered rates to commercial markets is the Act’s most legally exposed provision and should be expected to be litigated; the Commerce Clause argument is strong but not settled.

Rationale

The United States spends roughly twice the OECD average per capita on healthcare — and about 1.5 times the next-highest spenders — and gets worse outcomes by virtually every measure — lower life expectancy, higher infant mortality, higher maternal mortality, more medical bankruptcies, more uninsured. This is not because Americans are sicker or American medicine is worse. It is because the system is structurally designed to extract maximum financial return from each medical encounter, rather than to deliver health. Insurance companies profit from denying care. Hospital systems profit from monopoly pricing in consolidated regional markets. Pharmacy Benefit Managers profit from opaque rebate structures. Drug companies profit from patent thickets that prevent competition. The result is a system that is one of the largest line items in the federal budget, one of the largest line items in every household budget, and one of the leading sources of personal bankruptcy — while still leaving roughly 26-30 million Americans uninsured (Census/NHIS range, rising as enhanced ACA subsidies lapse) and tens of millions more underinsured. The public option does not abolish private insurance — it gives every American the choice of a public alternative that competes on cost and coverage. Direct drug price negotiation does what every other developed country already does. Hospital price transparency and regulation address the consolidation that has made hospital pricing opaque and exploitative. This is not “Left vs. Right.” It is “Working vs. Broken.” Healthcare is the foundation beneath the rest of American life — and right now it is broken in ways that no other developed democracy tolerates.

Public Health Insurance Option: Design Parameters

The public health insurance option is the centerpiece of healthcare reform, providing a government-administered plan that competes with private insurance while offering comprehensive coverage at lower cost. This section outlines key design decisions and implementation considerations.

Core Design Principles

Access and Eligibility:

Relationship to Existing Coverage:

Benefits Package Design

Benefit Scope (Two Options):

Option A: Medicare-Equivalent (“Medicare for More”)

Option B: Comprehensive (“Platinum Plus”)

Recommended: Start with Option A (Medicare-equivalent) to minimize costs and facilitate CBO scoring. Option B is offered as a premium tier from launch, with dental, vision, and hearing phased into the base benefit in Operating Years 2-3 (Administration Years 4-5) if the program is fiscally on track — see Implementation Timeline, which uses the administration clock.

Cost-Sharing Structure:

Provider Network and Payment Rates

Network Strategy (Three Options):

Option A: Medicare Provider Network

Option B: Open Network (All Licensed Providers)

Option C: Negotiated Network (Hybrid)

Recommended: Start with Option A (Medicare network) for administrative simplicity, with Option C as fallback if provider participation insufficient.

Provider Payment Rates:

Balance Billing Prohibition:

Premium Structure and Affordability

Income-Based Premium Sliding Scale:

The governing parameter is the percentage of household income, on the ACA applicable-percentage model. Dollar figures are illustrative monthly premiums computed at the midpoint of each band using 2026 federal poverty guidelines, and move with income and family size.

Income Level (% of FPL) Premium as % of Income Illustrative Monthly (Individual) Illustrative Monthly (Family of 4)
<138% FPL 0% $0 $0
138-200% FPL 2% ~$45 ~$90
200-300% FPL 4% ~$135 ~$270
300-400% FPL 6% ~$280 ~$570
400-500% FPL 7% ~$415 ~$855
>500% FPL 8.5% (capped) ~$620 ~$1,265

The percentage rather than a flat dollar cap is deliberate. An earlier draft of this schedule capped premiums at a fixed monthly amount, which made the effective contribution rate fall as income rose above the cap — regressive, and inconsistent with the stated design principle.

Comparison to Private Insurance:

Subsidy Mechanism:

Administration and Operations

Administering Agency:

Enrollment and Customer Service:

Claims Processing:

Technology Infrastructure:

Fraud Prevention:

Enrollment Projections and Market Impact

Two clocks. Enrollment and cost figures below are stated in Operating Years, counted from first coverage. The Implementation Timeline further down uses Administration Years. Coverage begins in Administration Year 3, so Operating Year 1 = Administration Year 3, and Operating Year 5 falls in Administration Year 7 — beyond a single term. Steady-state figures describe the program at maturity, not what is achievable within the first term.

Conservative Enrollment Estimates:

Optimistic Enrollment Estimates:

Market Competition Effects:

Transition from Medicaid:

Entry Thresholds, Annual Review, and De-escalation to Standing Floor

The public option is the mandate’s only step-three intervention — the government entering a market as a competitor rather than regulating it (see Regulatory Philosophy §5-6). A claim that an intervention is justified by market failure is worthless unless the failure is measured, so the thresholds are named here rather than left to judgment.

Entry Thresholds (per CMS rating area, measured separately for insurance and hospital markets):

The baseline does not exist yet, and entry is contingent on it.

The previous draft of this provision asserted that roughly half of U.S. rating areas qualify today. That figure was unsourced, which is self-defeating in a provision whose entire purpose is that the threshold is measurable. What can be said with support is narrower: the American Medical Association’s annual Competition in Health Insurance study has consistently found a large majority of metropolitan commercial markets to be highly concentrated on the HHI measure, and single-insurer exchange counties, while far fewer than at their 2018 peak, have not disappeared. How many rating areas clear the specific thresholds above is not currently known, because nobody publishes the figure in this form.

Annual Review:

De-escalation (not withdrawal):

When a rating area falls below HHI 1,800 sustained for three consecutive years with four or more insurers each holding ≥ 5% of covered lives, the public option de-escalates in that area:

Why a standing floor rather than exit:

Withdrawing entirely once a market de-concentrates would restart the cycle that produced the concentration. Markets do not stay competitive because they were competitive once — that is the same error as treating laissez-faire as self-sustaining. A standing public option is the maintenance mechanism: it constrains pricing by existing, not by winning, and it makes re-concentration unprofitable rather than merely illegal.

The precedent is domestic and old. The Tennessee Valley Authority was justified as a yardstick — a public operator whose costs establish what adequate service should cost, disciplining private rates by comparison rather than by regulation. That is the role the public option assumes once a market is competitive again.

Stated plainly: this is de-escalation, not exit. The framework’s general commitment is that interventions recede; here the intervention recedes to a floor and stays. That is a weaker claim than full withdrawal and it is made deliberately, because the alternative is a competitive market that lasts until the next merger wave. Where the framework claims less, it should say so.

Risk Pooling and Adverse Selection Protection

The strongest technical objection to any public option is adverse selection. The public option offers guaranteed issue, no medical underwriting, and no pre-existing condition exclusions. Private plans competing alongside it retain latitude over benefit design, network composition, and marketing — all standard instruments for attracting healthier enrollees. Absent countermeasures, the public option becomes the high-risk plan: per-enrollee cost rises, premiums follow, healthier enrollees leave, and the cycle repeats. This is the documented failure path of the ACA CO-OPs, and the cost projections in the next section assume an average-risk population that adverse selection would not deliver.

Three mechanisms, all with direct ACA precedent, prevent it. The first two are designed to be budget-neutral.

Risk Adjustment (budget-neutral):

Reinsurance (funded by assessment, not appropriation):

Benefit Standardization (no cost):

Deliberately Excluded — Risk Corridors:

Cost Analysis and Financing

Annual Cost Projections:

Stated assumptions. Per-enrollee cost is held at $5,500 in constant 2026 dollars across all three scenarios. This is a real-terms figure and excludes medical cost inflation, which has run roughly 4-5% annually; on that trend, nominal per-enrollee cost in Operating Year 5 would be ~20-27% higher, adding roughly $45-60B to Year 5 medical costs. Premiums collected per enrollee rise across the scenarios (from ~$2,000-2,700 to ~$3,000-3,750) because the projected enrollee mix shifts toward higher-income employer-group members, who sit higher on the income-based premium schedule. Both assumptions run in the optimistic direction, and the second runs opposite to the adverse-selection risk described above. They are the principal reason these scenarios yield a lower net cost than the $150-250B planning figure the mandate actually uses.

Enrollment: 15 million (Operating Year 1, Conservative)

Enrollment: 25 million (Operating Year 3, Moderate)

Enrollment: 40 million (Operating Year 5, Conservative Steady-State)

Offset by System-Wide Savings:

These are the three components of the mandate’s tracked healthcare savings total. Each is carried in _data/figures.json and detailed in the Fiscal Analysis:

Additional effects excluded from the total above (to avoid double-counting):

Net Impact:

Reconciling the scenarios above with the planning figure. The enrollment scenarios in this section are bottom-up illustrations at a fixed $5,500 per enrollee in 2026 dollars, and they produce a lower net federal cost ($74-104B at 40 million enrollees) than the $150-250B planning figure the mandate’s fiscal model uses. The difference is assumption, not arithmetic: the planning figure assumes higher per-enrollee cost and lower premium recovery, and it does not hold per-enrollee cost flat against medical inflation. The mandate uses the conservative $150-250B figure in all fiscal totals. The scenarios are retained because their arithmetic is transparent and because they show how sensitive net cost is to premium recovery and enrollee mix — not as competing estimates.

Implementation Timeline

Days 1-60 (Design Phase):

Days 61-120 (Draft Legislation):

Days 121-180 (Refinement and CBO Scoring):

Months 6-12 (Legislative Process):

Year 2 (Buildout Phase):

Year 3 (Launch):

Years 4-5 (Optimization):

Political Strategy and Stakeholder Management

Coalition Building:

Opposition and Counterarguments:

Private insurance industry: “Government takeover, kills private insurance”

Providers: “Medicare rates too low, threatens access”

Fiscal conservatives: “Unaffordable, adds to deficit”

Constitutional challenges: Unlikely (ACA upheld, government insurance programs well-established)

Communication Strategy:


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This page is part of The Rational Foundation Plan: A Mandate for Economic and Political Justice