Blogging on liberty, capitalism, reason, international affairs and foreign policy, from a distinctly libertarian and objectivist perspective
06 November 2010
ACC - Another reason to hate Nick Smith's politics
19 February 2010
Pathetic reparations? Blame ACC
She has lost her driving licence for six months and has been ordered to pay a paltry NZ$1000 reparations to each of the victims.
A friend of the victims calls the reparations “pathetic”. So they are, but then so they should be if one accepts the so-called “social contract” of ACC.
Speakman’s car insurance is paying out the property damage costs in replacing the bikes, which of course is fine. However, ACC creates a completely new dimension. This is one that many New Zealanders, exposed to TV legal dramas from overseas, are probably not fully aware of.
The right to sue for damages as a result of the negligence of another is gone, except in the context of exemplary damages.
In theory, as Speakman paid ACC levies both associated with her motor vehicle licence and in fuel tax, she has paid into socialised insurance scheme, much loved by the left, designed to provide compensation to the victims.
Its fundamental basis is no fault based compensation. ACC is meant to cover the needs of the victims. She should basically have walked away with simply losing her driving licence and paying court costs, if you really believe ACC is fair and reasonable. The advantages of ACC are clear, in that it offers compensation fairly quickly and without the hassle of court, but the disadvantages are also clear. It offers no deterrent to bad behaviour, no incentives to good behaviour, and the compensation is never particularly great.
If you don’t think ACC is fair and reasonable (and let’s be honest here, no other country has ACC), then you’d return the right to sue. That would mean Speakman would face significant claims for loss of income, emotional trauma, pain and suffering because of her negligence. A fair deterrent to making a foolish mistake. More likely, Speakman would have insurance to cover such an eventuality and the victims themselves would be paid out by the insurance firm – which would fight on Speakman’s behalf to not pay out, but ultimately would be likely to pay substantially more than a measly NZ$1000 per victim, on top of what ACC coughs up.
The difference is the delay.
An alternative would be for ACC to be subject to competition and for motor vehicle ACC to be a matter of personal accounts. The insurers of the victims would pay out, and Speakman would see a significant rise in her levies to reflect the risk she poses.
However, with ACC she will pay the same as any driver who has had no accidents at all. So why is any reasonable debate about this system treated as blasphemy? Isn’t it time that this nearly 40 year old experiment was subject to a fundamental review?
28 October 2009
Roger Douglas damns Nats on ACC
He says of the government's ACC bill:
Nothing in this Bill deals with the fact that, from its inception, ACC was a flawed pyramid scheme. In the beginning, it operated on a pay-as-you-go basis. That meant that for many years, it seemed cheap, as the full cost was not apparent – all of those with long term injuries were not yet making claims. Unfortunately, those years of low cost also saw the entitlements expand – so that by the time the system had absorbed all those with long term injuries, and covered the expanded entitlements, it suddenly seemed to cost an awful lot.
These problems are set to get worse. We have an aging society. An aging society implies not only more payouts, but also a lower proportion of people paying levies to cover the Non-Work Account. Because it is a Ponzi scheme, it will require ever-expanding numbers of people working to pay the levies.
So you can see how it has gone wrong, as it progresses, more and more claim it, stay on it for extended periods, making it progressively more expensive. Concepts completely alien to the economically illiterate left.
He says Labour knew this, and sought ACC to become fully funded by 2014, but it also expanded "entitlements" effectively setting it up for bankruptcy. The nonsense spread by the left that ACC is in fine shape because it receives more than it pays out, ignores the unfunded liabilities it has:
If any private insurance company had the books that ACC has, they would be declared bankrupt. The only reason that ACC is still solvent is that it has the capacity to increase levies. In essence, it is solvent because it can force people to cover its costs.
In other words, it is solvent because it has a state monopoly - it is solvent because you are forced to pay for it.
He suggests competition "The only viable way to ensure that ACC delivers results for reasonable prices is if it is open to competition. If people can get cheaper rates elsewhere, they should be allowed to leave. If that means risky workplaces start paying higher premiums, so be it – it will encourage them to improve workplace safety"
He makes the same classic arguments about competition, including one I have repeated:
"Currently, ACC sets a flat rate levy based on the risk in an industry. Those employers which have safe environments subsidise those who have unsafe environments. There is little commercial incentive to create safer workplaces.
By keeping ACC as a monopoly, and not properly allowing risk pricing to emerge, we are in fact increasing the number of workplace accidents. In the private market we have insurance excesses, we have no claims bonuses, we have risk-based premiums. The private market is all about mitigating risk. ACC, on the other hand, is about forcing the good employers to subsidise the bad ones."
The ACC monopoly is classic socialism - all employers pay for the collective risk, the good employers subsidise the bad ones, but who cares, it's all warm fuzzy shared and we all feel good about it, don't we?
After all you hear the left saying privately provided accident insurance will include a profit component, increasing costs, which of course implies that profit should be eliminated, and everything provided by the state, because profit increases costs. Classic Marxism.
All the lies of the left about "privatisation" completely ignore the real debate - why the state monopolises a compulsory accident insurance scheme that means the careful and prudent subsidise the reckless and imprudent? So now, of course, National cuts back ACC coverage to try to fit the budget - meaning all complain about the monopoly delivering less than what people want.
The advocates of state monopoly don't have very good arguments against competition, except use of a Labour commissioned PWC report that had terms of reference to effectively justify the status quo (a classic case of commissioning a study to tell you what you want to hear).
No other country runs this sort of pyramid monopoly scheme for accident cover, it is time to dismantle it and move on. Opening the whole damned lot up to competition is the FIRST step.
Then it's time to look at the next Ponzi scheme - National Superannuation.
22 October 2009
Manipulation of language
In the debate about ACC, those on the left consistently refer to the policy of opening ACC up to competition as "privatisation".
Yet these are two very different things. A government owned entity can remain state owned and face private sector competition without it being privatised.
How? Let's take some of the major deregulations in recent years.
- Until 1982, trucks were banned from hauling freight further than 150km (with some exceptions), with rail having a monopoly. Was opening up long haul freight to competition the privatisation of New Zealand Railways?
- Until 1983, Air New Zealand had a statutory monopoly on domestic airline routes, in that competitors were only allowed by and large if Air New Zealand granted permission. Was the removal of this monopoly the privatisation of Air New Zealand?
- Until 1989, TVNZ had a monopoly on television broadcasting, and in 1991 the television market was fully opened to anyone who wished to purchase frequencies, satellite capacity or lay cable. Was this the privatisation of TVNZ?
- Until 1998, it was illegal for anyone other than NZ Post to deliver mail for less than 80c. Was opening up the postal market the privatisation of New Zealand Post?
So why talk about opening up the ACC market to competition as privatisation?
It's simple - it is the manipulation of language for political effect.
You see most people would not disagree with allowing competition. Prohibiting competition seems to be a bad thing, as it means a monopoly can take advantage of you, can underperform, and you have no choice. It doesn't even have to expect the threat of potential competition.
The left cannot attack ACC reform based on the word "competition", because most people will go "So what? I like competition, I don't like monopolies."
Privatisation is a bogey word. It brings up images of an "asset" being sold for less than it "might be worth", of control transferring to those horned devils called "foreigners" (spit) and it not "being our's anymore", even though people complained about it when it was.
So that is why they lie, explicitly, about the proposal. To have people think it is about selling ACC - which, sadly, would not happen in this term of the government, rather than opening it up to competition, which might.
So it should be challenged, repeatedly. NZ Post has NOT been privatised, neither has TVNZ, just because both are fully exposed to competition. Why should ACC be described as privatised if it is also subject to competition?
UPDATE: Both Frog Blog and the Standard repeat the lie, blatantly.
UPDATE 2: The Standard doesn't like being challenged. Take this nasty little remark about "learning my lesson".
12 October 2009
ACC deficit shows monopoly failings
No other country has the socialist style no-fault statutory monopoly state insurance scheme New Zealand has. The claims by its advocates that it is "lauded" the world over seem very empty when no others follow, and this sort of news comes to light.
I've written before on how to change this, individualise the whole system so everyone buys ACC cover for non-work accidents, open it up to competition, so the risk is spread among multiple insurers (coverage for past accidents would either remain with a legacy ACC or tendered among competitors), and then return the right to sue between insurers and let people choose not to be insured. Care would need to be taken to ensure tort law was based on objectively reasonable criteria, but if it came about after a culture of personal insurance, the risks of aggressive tort claims could be minimised. Besides, if you insure yourself against what others do to you, then you have little to complain about.
Of course at the same time, road owners could demand drivers be insured before using their roads, as could others when you use their property, but overall the risk would be spread and shared. Those who undertake risky behaviour would pay, those who don't, wouldn't.
The monopoly has failed, miserably, once again. The measures National are announcing are trying to patch up a system that is breaking. It's time to move fast to open the employment and motor vehicle accounts to competition as a first stage, then individualise the whole system. Then those paying to cover the liabilities of past poor decisions end up being those the system carries the most risk for.
10 March 2009
ACC - monopoly without accountability?
That is the funny world of the state monopoly accident insurance system. You, as a private citizen, have no responsibility to insure yourself for hurting yourself or others. The state does it for you, after thieving your money. Employers pay through their own levies, which is a tax on your income. It reflects risks in different industries. However, for non-work injuries it is socialism in action - the levies reflect average risk.
I've blogged before about the deception of ACC, whether ACC affects the care taken by others to avoid injury or causing injury, and the benefits of opening it up to competition.
The left bases its support for ACC on a mix of ideology and a debatable report undertaken by accountancy firm PWC commissioned by ACC itself which said why ACC should remain a monopoly. I'll let you judge whether a consultant asked by a client with a vested interest in a particular outcome would dare challenge that or just present the case for that outcome.
I simply say that having a government statutory monopoly providing an insurance service cannot ensure equitable treatment of all those paying or claiming. Without competition, those paying cannot choose to pay for the best service and the most appropriate levels of insurance (and added value services), nor can there can be efficiencies in managing customers or much accountability for delivering the services customers want.
ACC is a pay as you go system, which is an unaffordable absurdity. It needs to face the pressures of competition, in the employer accounts as already reported, but also motor vehicle accounts and for coverage of non-employment based accidents.
The government should commission a serious review of the entire ACC system with a view as to how to restructure it to allow competition for ALL ACC accounts, which means maintaining the compulsory nature of personal accident insurance.
You see, unless the right to sue is returned, personal accident insurance has to remain compulsory, otherwise you can be injured by the negligence of another and have no recourse (or your insurer has no recourse). I believe there is a case to consider whether to permit the right to sue to return, but for now competition in ACC would go a long way towards holding that sector accountable - because for now you get a state owned monopoly, with a board appointed by a politician.
After all, who in their right mind would believe unionist Ross Wilson could run an orgy in a brothel, let alone the national injury insurance monopoly?
03 December 2008
The ACC hole?
Well let's remember what ACC is - a state monopoly on basic accident insurance that replaced the right to sue for personal injury by accident. Employment based accident insurance is covered by levies on employers, motor vehicle based insurance is covered by a levy included in the motor vehicle registration and licensing fee (and part of fuel tax), but non-employment based accidents are funded by taxes.
Virtually none of this actually reflects risk as conventional privately provided insurance does. You see the ACC principle is no fault - it by and large doesn't matter whether or not you actually were negligent or not in injuring yourself, or whether someone else did it, you all pay the same and get the same type of payments. It is egalitarian through and through, so it is unsurprising that the Kirk Labour government implemented it.
However that does pose some problems. You see, employers are readily levied, although the monopoly means levies are set at types of employment not individual employers. Risky employers don't pay more, neither do good ones pay less. Motor vehicle accident cover being part of your annual licensing fee isn't entirely unreasonable, but again the safest drivers who drive the least pay not much less (if you take fuel tax into account) than the most reckless ones. Socialism at work - everyone pays the same.
It gets worse with all other accidents. You see nobody pays any levies for that, except you do through tax. So the wealthy book reader pays far more than the poor rugby player, although the relative risks are obvious. In New Zealand you don't worry about accident insurance because your employer does it, you do it through your car and it comes out of taxes - so what do you get? A monopoly that delivers monopoly service and can't manage its own finances.
The solution is simple, get rid of the monopoly and give you back your taxes. Whoa that means you have to buy accident insurance. Yes, like everywhere else in the world.
Now it is ACT policy that all of ACC be opened to competition, that doesn't mean doing away with the compulsory aspect (if that didn't exist then the right to sue would have to be reinstated, and sadly the appetite for investigating that is very low). I think it would be a relatively simple process to change this:
1. Eliminate taxpayer funding of ACC and require everyone to pay an ACC levy for themselves and their children annually, reducing taxes by the appropriate proportion. That levy would provide the cover ACC can afford with such a levy, you could of course purchase additional cover from whoever you want. This at least exposes people to realising that this cover isn't "free" or "hidden", the real cost of accident insurance is apparent. However, it doesn't reflect risk so...
2. Open up provision of this cover to any company willing to offer it. It would remain compulsory initially, and at this point based on your risk to yourself - not others. So what happens if you don't buy it? Well you don't have any cover and you can't sue. So at least you'd have some choice and choice of service quality, but insurance companies bearing the cost of people who suffer accidents that aren't their fault will want to pass that on to those whose fault it is. After all, why should you pay a higher premium because you suffered an accident that wasn't your fault? So...
3. Insurance companies set premiums based on total risk, the risk you pose to others as well as yourself. However, in order to recover from those with inadequate cover or none, the right to sue is reimposed. What about those it isn't worth suing? Well your own insurance will cover that risk, because it is a reality of life - such people pay next to no tax now so are effectively out of the system anyway. What about those without insurance? Well they have no cover, and face being sued. Those with insurance let the insurance company cover their own injuries and injuries they cause others.
However don't expect any of this to be even raised by the current government. At the most it will challenge the ACC employer account monopoly (which National scrapped last time). So we continue with the most socialist accident insurance system in the world - a system which pay quickly, but pays poorly. You don't want to have an accident in New Zealand without additional accident insurance.
21 October 2008
Public health care + ACC = no accountability
"Patient 1 - Aug 2006: A suspected retinal detachment in Whangarei is referred to specialists at Auckland DHB.
Ten days later: No word from Auckland; patient asks Whangarei doctor to follow up. Auckland confirm they have the referral.
Feb 2007: Still no action from Auckland. Patient again asks doctor what is happening. By then the condition has worsened too much for the treatment.
Nov 2007: Patient's left eye is removed."
It can be explained, at one level, by the following.- Capture by providers, who get funded according to what bureaucracies recommend, and certainly not based on what consumers want;
- ACC protecting providers from being sued.
ACC, you see, is an absolute travesty. It provides a one-size fits all socialised insurance scheme, where you get what the scheme dictates - because you couldn't have chosen another provider. The insurer doesn't claim it from the incompetent or the incompetent's insurer (which is ACC too), doesn't hike up the premiums from the incompetent. The incompetent says sorry, and the victim loses an eye.
Yes, fantastic system, so low cost - except for the victim of medical malpractice.
Yes, in the USA it would take months for a lawsuit to proceed, maybe years with appeals. However, the incompetent ones would seek to settle, to avoid those costs, and the mere fact of having to face up to these costs directly changes behaviour.
It needs to be opened up to competition, at all levels, so that people can choose the cover they want, so insurers can charge premiums according to risk, so that the incompetent face their costs, and others do not.
In the meantime, it will be simply another "oh we're very sorry" to those who lose an eye, have cancer spread potentially fatally, and have another stroke.
At this election, ACC has barely a mention. National will consider re-opening the employers' account to competition, which wont touch this. ACT would open all of ACC up to competition, which would make a difference. Libertarianz would open all of ACC up to competition, privatise it and restore the right to sue.
So what do you think? Would competition in ACC be enough, or should health professionals face being sued for their incompetence? I don't mean the crazy subjectivist US tort cases where people sue for their OWN incompetence, but clearly establishing on the balance of probabilities that the other party has been unreasonably negligent.
29 September 2008
Pay for your mistakes?
Send them the bill. In other words, if the hospital determines that you are to blame for your accident - you pay.
That's inherently appealing - responsibility for the harm you impose on yourself or others. However ACC gets in the way - at the moment we all pay ACC for the costs of all those who have accidents causing personal injury. The better first step is to individualise ACC, and allow people to choose who to get accident insurance from - meaning premiums will vary. If you don't pay for accident insurance then you pay the bill. Of course such insurance would have to be compulsory unless the right to sue is returned - a big additional step.
So if you are turning up at A&E regularly drunk, then funnily enough your premiums go up. If you don't, your premiums go down. Then the only costs left that remain a concern are those who don't get insured - in which case you might ask, why drink alcohol heavily instead of buying accident insurance? That becomes another issue - but why should the costs of recidivist foolishness be socialised? Why should the state owned monopoly ACC be retained?
17 July 2008
Don't go too fast John
So when the NZ Herald reports that John Key says National will "investigate" opening the ACC Work Account to competition, you have to wonder why it is so insecure about a policy that it implemented, whilst a minority government, in 1999. A policy Labour gleefully repealed, with legislations overriding commercially negotiated contracts and effectively banning the private sector from providing ACC services that it had offered. Why isn't it even mentioning the ACC Motor Vehicle Account, which at the time was in the "investigate opening to competition mode"? I mean seriously, why is providing competition to a government monopoly something that so frightens John Key?
Come on John - announce competition for the Work Account, investigate competition for the Motor Vehicle Account AND the account for all other compensation. It's the least you can do!