I don't know how much I like about the new legislation. In my opinion, there are several things that could be changed in order to reduce the costs associated with the delivery of medical care before doing something that has the potential to drastically affect patients.
First of all, there's a lot of excess fat in terms of the administrative layers present in the health care system. By getting rid of administrative positions/hassles that do not affect patient care, we'd be able to save a significant amount of money. Do we really need to have physicians justify their clinical judgment to insurance administrators? Do we really need to have a ridiculous amount of paperwork to fill out for each patient? Why do we need so many administrators in the delivery of medical care? Do these administrative hassles really improve patient care? Or do they have no meaningful impact other than increase the costs associated with the health care system?
The second area where I think a lot of money could be saved is with end-of-life care. The cultural mindset in America is that death is something unnatural and that we should do everything in our power to avoid it. There are a lot of things that medicine can offer to prolong life, but many of them do not offer any improvement in quality of life and some even reduce it. Around 30% of Medicare's budget is spent on people in their last year of life. A lot of money could be saved by changing the cultural mindset that death should be avoided at all costs, even if it means very little to no quality of life. Should patients be able to demand treatments that offer no tangible medical benefit while carrying a significant risk of side-effects, etc? Is it a wise idea to provide all heroic measures to keep people alive not matter what the adverse effects of such measures are? By utilizing hospice care rather than providing futile (and expensive) end-of-life care, not only will a lot of money be saved, but also, families will be more satisfied (as several studies have shown).
Lastly, we need to address the area of defensive medicine. Unfortunately, this mentality seems to be so engrained into the minds of current students and physicians that even if plans are set in motion to curb this practice, it might easily be several generations before any real results are seen. I think that by enacting malpractice reform (not tort reform...I'm not suggesting that caps should be placed awards paid to patients) that would compensate patients truly damaged due to negligence in a no-fault manner would be ideal. Not only will this reduce frivolous lawsuits as well as the costs associated with such lawsuits, but it will also allow physicians to be more open about mistakes (because of the no-fault approach) and the open discussion of medical errors would likely help avoid future mistakes. That would be beneficial to both patients and physicians.
So, rather than drastically overhauling the system, I really think that targeting things that won't negatively affect patient care should be the first thing to do. And I really think that the things I mentioned have the potential to save a lot of money. After cutting this excess fat, if there's still a need for cost cutting, then we can start thinking about changing things that would have a significant impact on patient care.