Phase 1: Enactment & build · Step 1.11
Rewrite insurance & benefits law
Effective in stages with each enrollment wave · Congress; DOL EBSA; Treasury; state insurance commissionersDiscuss this step
How other countries handled this same piece of implementation, what happened, and what it means for this plan.
Side by side
| Country | Approach | Result | Lesson for this plan |
|---|---|---|---|
| This plan (U.S.) | Amend ERISA, the tax code, and the ACA so that employer plans and private insurance cannot duplicate UHP benefits, and so supplementary insurance is regulated. | ||
| Canada | Provinces ban or restrict private insurance for publicly insured services. Quebec's ban was struck down in Chaoulli (2005) because waits were unreasonable; Quebec allowed private insurance for a few procedures. | Single tier for covered services; ongoing legal challenges (Cambie, B.C., 2020–24, upheld the ban). | A ban survives court only if public waits are reasonable, hence the wait guarantee. |
| Australia | Private duplicative insurance encouraged by the Medicare Levy Surcharge and rebates; about 45% hold private hospital cover. | Private patients avoid public queues; public elective waits remain long. | Private insurance shortens waits for those who buy it, not for everyone. |
| Ireland | About half the population buys private insurance to skip public waiting lists. | Among the longest public waits in Europe; Sláintecare reform aims to remove private care from public hospitals. | A large private tier inside public hospitals worsens public waits. |
Canada
- What they did
- Provinces ban or restrict private insurance for publicly insured services. Quebec's ban was struck down in Chaoulli (2005) because waits were unreasonable; Quebec allowed private insurance for a few procedures.
- What happened
- Single tier for covered services; ongoing legal challenges (Cambie, B.C., 2020–24, upheld the ban).
- Lesson for this plan
- A ban survives court only if public waits are reasonable, hence the wait guarantee.
Australia
- What they did
- Private duplicative insurance encouraged by the Medicare Levy Surcharge and rebates; about 45% hold private hospital cover.
- What happened
- Private patients avoid public queues; public elective waits remain long.
- Lesson for this plan
- Private insurance shortens waits for those who buy it, not for everyone.
Ireland
- What they did
- About half the population buys private insurance to skip public waiting lists.
- What happened
- Among the longest public waits in Europe; Sláintecare reform aims to remove private care from public hospitals.
- Lesson for this plan
- A large private tier inside public hospitals worsens public waits.
More precedent
- Canada Health Act and provincial bans; Chaoulli v. Quebec (2005).