Economics 201: Artificial Limits on Supply

In one of my first economics posts, I discussed the classic law of supply and demand. In this post I am going to comment on the effect of artificial limits on supply as a cause of higher prices.

Some limits on supply are natural; there are just so many (or is just so much) of the good or service in the world. gold and diamonds are naturally rare, therefore valuable.

But there are other limits on supply that are artificial, usually a a result of a limitation imposed by the government.

The government-imposed limitation may be directly intended to reduce supply, such as liquor licenses or taxicab medallions, which in themselves become valuable economic goods. Historically, agricultural prices have been supported by requiring a specific allotment to grow certain crops (such as tobacco) or actually paying some farmers not to grow certain crops.

Intellectual property protections, like copyrights and patents, are intended to encourage “science and the useful arts” by assuring the author or inventor a time-limited monopoly. Such limits do, and in part are intended, to result in higher prices than if such protections did not exist.

The limitations may be for another purpose, such as quality assurance; for example, professional licenses usually require particular educational achievements and/or passing a licensing exam. Even where the limit serves such a quality-assurance purpose, the particular requirements might be adjusted to serve a price support purpose.

Jay Bohn
August 12, 2021

Economics 151: Insurance Basics and the Affordable Care Act

My last two posts((Economics 111: Insurance Basics I – Types of Insurance and Economics 112: Insurance Basics II – Premiums and All That)) covered types of insurance, premiums, and risk. I will now discuss some features of the Affordable Care Act, a.k.a. Obamacare, in light of these concepts.

Health insurance is a form of casualty insurance originally created to mitigate the risk of the costs of hospitalization and major medical expenses. During World War II, when employers were legally prevented from raising wages to attract employees, they began to offer health insurance as a recruiting incentive, leading to the situation today when employer-paid (or part paid) health insurance is a common, but not universal, fringe benefit.

Health insurance has grown, not just in the number of insured but in the scope of its benefits. It is no longer just for major expenses (although all medical expenses are now beyond what a typical patient could afford to pay out of pocket), but it covers office visits, physical examinations and prescriptions.

Another factor in the high cost of medical care is the legal obligation of hospitals to treat all comers, whether they can pay or not. Some of this “charity care” is reimbursed through government programs (that may simply shift the costs somewhat from urban hospitals primarily serving the poor to other hospitals fortunate to have a greater proportion of insured patients), but I expect that a great deal is paid by the insurance companies covering insured patients in the form of higher prices.

There are three basic cornerstones of the Affordable Care Act.

One is community rating, which greatly limits the ability of the insurance company to set premiums based upon a fine degree of precision risk calculation. This means that better risks (the young) will often pay higher premiums so that higher-risk customers (the old) can pay less.((I say “pay” although in many if not most cases the premiums are paid, at least in part, by the employer or the government.))

A second is the requirement that insurance companies pay benefits for pre-existing conditions. One particular risk the uninsured used to face were policy terms that denied coverage for pre-existing conditions. Just as you cannot retroactively buy car insurance after an accident, once you had a particular health condition, you could not get coverage for it. That would be like making a bet on roulette after the ball has stopped. This feature is very popular.

The third building block was intended to keep those disadvantaged by community rating in the insurance market, especially as the requirement for coverage of pre-existing conditions would eliminate that risk for being voluntarily uninsured. An insurance company cannot long pay out in benefits more than it takes in in premiums. Even people fortunate enough to have partially paid insurance as a job benefit may find that their share is more than they can afford. Some of these people may conclude, accurately or not, that the cost of the premiums is higher than the risk of being uninsured. These people are likely to be younger and believe that they can enter the insurance market when they are more likely to need healthcare. Younger people are typically better risks for health insurance companies, and so their premiums are lower. Older people become terrible risks, and if their premiums are commensurate with the risk, they become astronomical. (Remember, insurance is a bet and everyone wants to win.) To keep these people in the premium-paying pool so that they subsidize the higher-risk insured, the Affordable Care Act includes an individual mandate which requires them to have health insurance and imposes a tax penalty if they do not. The individual mandate was decidedly unpopular.((The two existential challenges to the Affordable Care Act to reach the Supreme Court, National Federation of Independent Business v. Sebelius, 567 U. S. 519, 530 (2012), and California v. Texas, ___ U.S. ___ (2021), involved the individual mandate.)) While it is still part of the Affordable Care Act, the penalty amount was reduced to $0.((See Tax Cuts and Jobs Act of 2017, Pub. L. 115–97, §11081, 131 Stat. 2092 (codified in 26 U. S. C. §5000A(c)).))

Jay Bohn
August 9, 2021

Economics 112: Insurance Basics II – Premiums and All That

In my last post I discussed various types of insurance and likened the decision to buy insurance to placing a bet with the insurance company as a sort of casino. Just like a casino must balance the odds to assure its profitability, an insurance company must understand the likely cost of each risk in terms of the benefits it will have to pay and set its premiums accordingly, not too little that it goes out of business but not too much that it gets no business.

There is a perception that insurance companies have a lot of money, and this may well be true. Most of them are businesses with stockholders, and after payment of benefits, operating costs, and taxes have to make a profit to survive. While meaningful price comparison may be difficult, they do compete with other insurance companies and to some extent business will flow to the insurance company offering the coverage that customers are convinced they want for the lowest price.((What coverage is actually needed can be a far different question and one well beyond not only this post but any that I currently contemplate.))

There are other tools that insurance companies can use to control their risks. For many types of insurance the insured is responsible for a “deductible,” usually a fixed dollar amount of each claim (or aggregate of claims for the policy period) and/or a “co-payment,” whereby the insurance company will only pay a specified percentage of a covered loss.((Because higher deductibles and co-payments should mean lower premiums, they are also a way that the insured can fine tune the balance between costs and coverage to match her own risk tolerance.)) An insurance company can also obtain its own insurance policy for part of its risk; this is called “re-insurance.”((As some policy holders of the failed Mutual Benefit Company learned, reinsurance policies benefit the company (and its policy holders generally when it is insolvent) and not the holders of any of the polices that are reinsured.))

Insurance is also a highly regulated industry, and the government will often require policies to provide a certain level of benefits. Such requirements will likely either increase the premium or lead the insurance company to reduce benefits elsewhere. Although such requirements do certainly limit consumer choice, the insurance company can take them into account when setting its premium rates. Sometimes, however (always in the public interest, of course), the regulator will mandate the payment of benefits beyond those for which the policy provides during a policy term. I believe that health insurance companies were required to provide extra benefits in connection with COVID-19 and following Hurricane Sandy New Jersey prohibited insurance companies from charging a higher “hurricane” deductible for which their policies provided.

Insurance companies rely upon actuaries to calculate the risk of various perils in order to determine the appropriate premium. Changes in the regulatory environment during the term of a policy can lead to a situation where the risk in increased beyond that which had been computed and therefore the premiums (which the insurance company cannot change during the policy period) are insufficient to the risk, impairing the insurance company’s financial position to a greater or lesser extent. Every dollar in increased benefits requires an offsetting dollar of reduced expense or increased revenue somewhere.

The pricing of premiums relies upon the ability to predict accurately the expected payout for the aggregate of the risk the insurance company assumes. Actuaries may determine what characteristics of an insured make a particular peril more or less likely to occur, or more or less expensive if it does, but they do not, at least generally, predict risk at the policy holder level. The risk of a payout on a health insurance policy is, on average, less with a younger insured than an older. An insurance company that ignored the actual risk in order to price health insurance premiums lower for older policy holders would end up charging younger policy holders more than their actuarial fair share and lose them to a competitor. Such a company would likely attract a greater share of older policy holders.

While some knowledge of the risk being transferred is essential to the basic idea of insurance, too much knowledge is fatal to it. If the insurance company had a crystal ball that enabled it to predict accurately the cost in terms of benefits to be paid for each of its customer, it could more accurately price its premiums. But, because the premium is pretty much equal to the risk assumed, there is no risk transferred and the reason for insurance in the first place is would be obviated.

What automobile insurance customer would not increase coverage and/or reduce his deductible if he could do so retroactively after an accident? If you did not have health insurance and learned that you had a condition whose treatment was likely to be quite expensive, wouldn’t that change your cost-benefit analysis of whether to obtain insurance?((Stick a pin in this; I plan to discuss the feature of the Affordable Care Act that mandates coverage for preexisting conditions in the next post.))

Jay Bohn
August 5, 2021

Economics 111: Insurance Basics I – Types of Insurance

In this post I will describe some basic concepts behind insurance. This discussion is a building block for other, more meaty posts that should be coming soon.

The basic concept of insurance is the spreading (perhaps a better word is “exchange”) of risk. Bad things happen in our lives, some thankfully relatively rare (like a sinkhole swallowing your house) others certain (death, as the most obvious example). Insurance is a contract whereby the insurer (which I will call the “insurance company” hereafter) agrees to pay to or for the beneficiary (or loss-payee depending on the type of insurance) a defined monetary benefit in the event that the specified bad thing (often called a “peril”) happens within the policy period. The insurer undertakes the risk of having to pay the benefit in exchange for the payment (usually by the insured) of the premium. From the insured’s point of view, the insured is assuming the certain loss of the premium in exchange for the right to the policy benefit if and when the peril occurs. Insurance can be seen as a bet between the insured and the insurance company, which acts as a sort of casino.

The insurance company has income from both policy premiums and its ability to invest its reserves between the time the premium is paid and the time it actually has to pay the benefit. The insurance company will pay not only the policy benefits, but also its own operating costs and possibly taxes and dividends to its investors.

There are several types of insurance. The types and policies can be very sophisticated and I am only discussing basics here.

Life insurance pays a death benefit if the insured dies within the policy period. A common type of life insurance policy is described as a “whole life” policy. Under such a policy premiums will be paid for the insured’s whole life (or a substantial part of it); so as long as the premiums are paid, the death benefit will eventually be paid. The premium will be lower the younger the insured is at the time the policy is issued because the expected life span (and premium-paying and investment periods) is/are longer. The insurance company wins the bet by the insured’s living longer, while the insured “wins” by dying sooner.

Another type of life insurance is the term policy. The policy will only pay a death benefit if the insured dies within the specified term. Premiums are likely to be lower than for a whole life policy for an insured of the same age and health because the insured may “lose” by outliving the policy term.

Another common type of insurance is casualty insurance. The casualty insurance policy pays if the insured property is damaged, such as a dwelling’s being destroyed by fire. Other examples of casualty insurance are flood insurance and title insurance.

A third type of insurance is liability insurance. A liability insurance policy has two significant benefits: it will provide a defense to a lawsuit asserting a covered claim and will also pay (up to the policy limit) if the insured is legally adjudged liable for damages resulting from such a claim.((The insurance company will almost always have the right to control the defense and to negotiate a settlement, but the insured’s consent to a settlement may be required.))

Some insurance policies, such as automobile insurance, will combine aspects of more than one of these types. An automobile policy will typically provide liability protection for claims by third parties in an accident and also pay for damage to the insured’s own car arising from such a casualty.

Health insurance may have evolved into a fourth type. The classic hospitalization/major medical policies that used to be advertised in the Sunday supplements 50 years ago that paid benefits of $50 to $100 a day were casualty policies insuring against the need to pay large medical bills. Now, however, health insurance polices provide coverage for routine doctor visits, medical tests, vaccinations, and periodic physical examinations. The payout is more certain, so the premiums are higher.

My next post will discuss insurance premiums in more detail.

Jay Bohn
August 2, 2021

When a Politician Promises to Reduce Taxes, Ask How.

While perhaps not universal, the typical candidate for elected office (especially local office) in New Jersey campaigns on a platform of lowering property taxes.

The hard truth is that any tax decrease requires at least one of the following actions:

  • increased revenue from some other source (usually a different tax, but maybe borrowing) or
  • decreased spending.

Proposals to reduce spending typically take the form of promises of greater efficiency, not hard choices like job cuts (and certainly not identification of specific jobs that would rally supporters of those employees against the candidate).

If you recall, some years ago a governor called a special session of the Legislature dedicated to reducing property taxes. All of the proposals that I saw involved the creation of new or increase of existing taxes to replace property tax revenue. Any reference to new or increased taxes will be vague and will often suggest that “somebody else” is paying and that “somebody else” has not been paying his or her “fair share” previously. (One saying I quite like is “The government that robs Peter to pay Paul can always count on the support of Paul.”)

This behavior is perfectly understandable in a candidate. There will be winners and losers, but candidates naturally emphasize only the winners.

Jay Bohn
July 29, 2021

EO 128 Neither Fish Nor Fowl

A few days ago I posted about an Appellate Division decision which upheld Governor Murphy’s Executive Order 128, which permitted residential tenants to apply their security deposits against rent due during the COVID-19 pandemic. Given the length of the pandemic, this order is of relatively little help to tenants and relatively little harm to landlords. The eviction moratorium is the bigger issue.

We should all recall the initial panic arising from the pandemic’s effect on the economy, coupled with Governor Murphy’s stay-at-home order and the closing of large sectors of the economy. However, few publicly admitted that it would last as long as it has.

Early on, on March 19, 2020, by EO 106 Governor Murphy decreed a temporary emergency moratorium on evictions for the stated purpose of preventing greater spread of COVID if tenants who could not pay their rent became homeless,((Unlike the CDC’s eviction moratorium, New Jersey’s suspension of this legal remedy is not means-tested. The tenant does not even have to allege, much less prove, a loss of income, whether due to COVID or any other factor.)) a moratorium that was subsequently ratified by the Legislature and is now scheduled to end on December 31, 2021. Just over a month later, on April 24, 2020, the governor issued EO 128, which permitted the tenant to direct the landlord to apply the security deposit to rent due. But by that point it was clear that reducing rent arrearages (already accumulated or which would accumulate as the pandemic continued) of those tenants who had stopped paying rent would not cure the default. Even with this relief the tenant is still going to owe rent; at best application of the security deposit to rent would marginally reduce accumulated late charges and interest (if the lease provides for same) and the total amount due.

Given the length of the pandemic, the loss of the security deposit is also of little harm to the landlord. The purpose of a security deposit it to protect the landlord from the tenant’s violation of the terms of the lease, primarily by the failure to pay rent or damage to the leased property. Application of the security deposit to rent due during the lease((As the court pointed out a couple of times, it is common for tenants even in non-pandemic conditions to apply a portion of the security deposit to rent by simply not paying the last month’s rent. The tenant will have vacated the property before an eviction could be effected and the landlord is belatedly made whole by getting a portion of the security deposit. If the last month’s rent plus damage to the property exceeds the security deposit, the landlord is put to the trouble of suing the (former) tenant and then collecting any judgment obtained.)) does mean that there is less (or none) available to address damages, but there is also less rent due. Because money is fungible, the landlord is really in the same position.

There have been various programs whereby the government (meaning of course we taxpayers) will assist tenants with the payment of rent. They have been long in coming. Perhaps the government should have bought up overdue rent arrearages (at par), and then sought to collect (or forgive) it after the pandemic was over. At the least, landlords should have been permitted the same grace periods to pay property taxes on rental housing whose tenants were not paying rent.

But, given the length of the crisis, EO 128 was really a solution in search of a problem. Although it did not substantially help, I don’t see that it substantially hurt either.

EO 128 a Microcosm of Much That’s Wrong with COVID Emergency Orders

On Tuesday the Appellate Division of the Superior Court (New Jersey’s intermediate appellate court and the last word for most cases) issued its opinion in Kravitz v. Murphy, which was a challenge to Governor Murphy’s Executive Order 128, one of the governor’s many COVID-19 emergency orders. EO 128 permits residential tenants to direct that their security deposits be applied to monthly rent. Although the decision is probably legally correct, the order itself is a poster child for much that is wrong with rule by decree during the pandemic.((In one of my earliest posts on this blog, COVID-19 and Emergency Powers I cautioned against the continued use of “emergency” powers to deal with the pandemic. “That the situation is still dire does not mean it remains an emergency in the sense of requiring urgent action. “

In What’s More Important: Process or Substance?, I commented: “While many might accept rule by an all wise and benevolent despot, remember the democracy is a process.”))

The legislative process is a collaborative one. A bill may have many versions and amendments can be made during the process. Few lawmakers would claim that the initial versions of their bills are always perfect. Indeed, administrative regulations, which are a matter of grave concern to me, are subject to public notice and comment and, at least theoretically, the agency can modify its proposal in response to the comments. The process of crafting executive orders is not, to use the current term “transparent” in the least. There is no process by which anyone outside the governor’s inner circle can comment on an executive order before its issuance.

The responses to the pandemic’s economic effects have often been a blunt object rather than a scalpel. The state eviction moratorium assumes that failure to pay rent must arise from the pandemic (or does not care). The CDC’s moratorium (of dubious legality) at least requires a claim by the tenant of an income loss. Indeed, in the early stages of the pandemic last spring and summer, all persons collecting unemployment compensation got an additional $600 which could, and often did, result in a higher weekly take home pay than when they were working.

Less obvious here, COVID executive orders were also looked upon as a way to enact policy preferences not directly related to the pandemic that would not have passed the legislature in normal times and, once in place, they become the status quo. Many of the so-called “voting restrictions” criticized by the traditional media simply attempt to roll back temporary, emergency provisions that were not and would not have been approved affirmatively.

By no means do I think the pandemic is over (anti-vaxxers are seeing to that), but the time has come for a sober reflection on the conditions under which we are going to allow governors to exercise both executive and legislative power under the guise of an emergency.

Jay Bohn
July 22, 2021

It is Time for Vaccine Passports

Last week NJ.com reported that Governor Murphy announced the availability of an app to store an individual’s coronavirus vaccination records. This is a good thing. The vaccination record provided when you get your shot is too big to fit in a wallet and there is too much chance of its getting lost. Or, you put it in a safe place and don’t have it when you need it.

Disappointingly, the state Republican party promptly tweeted negatively about allowing people who chose to be vaccinated this convenience. “’An app that stores our vaccination records? Sounds like a passport to us,’ the state Republican Party said in a statement Monday.”((I thought maybe NJ.com was not being accurate with its quotation, but that’s directly from an @NJGOP tweet.))

Opposition may not be so much to a person’s ability to prove voluntarily that the person has been vaccinated, but that proof of vaccination status may become a condition of entering places or undertaking certain activities. While medical privacy is no doubt important, would you allow Typhoid Mary to get a food service job just because she shouldn’t have to disclose that she will likely infect others?

I will go further than expressing disappointment. According to some political theorists, such as John Locke, who should be revered by libertarian conservatives, one of the few legitimate bases for the existence of government is to prevent one person from harming another or, to go slightly further, preventing activity that creates too great a risk of harm. (That is, after all, the moral basis for the prohibition of drunk driving.) The COVID pandemic is still causing harm and the loosening of restrictions on social activity and of requirements to wear masks was only made possible by the existence of vaccines. Vaccines benefit not only those who have been vaccinated, but the public in general as they make the transmission of the virus less likely to occur. If you are not vaccinated, you are causing an unreasonable risk of harm, especially if you are out in public no longer wearing a face mask.

Cruise lines desperately want to start sailing again, but the passengers need to be assured that the ships will not be floating petri dishes. To provide this assurance, the cruise lines have to be able to require that passengers be vaccinated.

People may have a right not to get vaccinated, just as adults may have a right to drink to excess, but if that right is exercised, the interests of others in reasonable safety justifies restrictions on their conduct (no drunk driving and limits on conduct that may expose others to the virus).

Under current circumstances, I believe that the government could be justified in limiting access to public spaces to those who have been vaccinated and can prove it. Certainly private property owners should have that right. So bring on vaccine passports.

Jay Bohn
July 19, 2021

Convenience Fees Are Decidedly Inconvenient

In a recent article behind its paywall, LehighValleyLive.com (the on-line version of the Express Times) reports that Pennsylvania officials are considering the institution of an “e-commerce convenience fee” in the form of a per-box fee or a tax for online purchases as an additional tax to fund transportation. The theory behind the proposal is that there are some who benefit from the state’s transportation system do not pay for its upkeep or improvement.

But the purchasers of the packages pay sales tax and the trucks that deliver the packages undoubtedly generate gasoline and other taxes. The article does not indicate why trucks delivering e-commerce packages would disproportionately require additional roadway maintenance than say trucks delivering inventory to brick and mortar stores.

This is clearly just a money grab. If Pennsylvania is really concerned about its road network, it would stop diverting a constitutionally mandated funding source to fund the state police.

Jay Bohn
July 15, 2021

Affordable Housing is a Place to Live, Not a Subsidized Investment

It annoys me when people, often real estate agents, say that your house is your most important investment. People should buy a house to live in it, not to make a profit.

I suspect that this “house as an investment” mindset is inspiration for a recent article on NJ.com, 30 years later, a Jersey City affordable housing program sparks controversy.

The article is about Lenora Wright, who bought a two-story home in Jersey City about 30 years ago. The house was “affordable” housing, the quote marks indicating that affordable in this case means that it was sold to her a price below its market value based upon her qualification as a lower-income household.((The article indicates that the house was sold at a below market price with funding from the U.S. Department of Housing and Urban Development.))

When the house was sold to Ms. Wright, it was subject to affordability and occupancy controls. Not only did Ms. Wright have to qualify in the sense that her income was below a certain level, but the controls would also have specified that Ms. Wright had to live in the house as her primary residence and if she were to sell the house the purchaser would also have to be income-qualified and reside in the house and the purchase price could not exceed a certain amount calculated by a formula taking into account changes in prices or regional income.

The form of affordability controls prevalent thirty years ago provided that they would expire after so many years, in Ms. Wright’s case apparently twenty,((Many more recent forms of controls do not expire unless affirmatively released by the municipality.)) but, and here is the main “controversy” in the article, 95% of the difference between the sales price and what would have been the maximum restricted resale price must be paid to Jersey City’s affordable housing program, so that the unit can be replaced.

Because Ms. Wright purchased the home at a subsidized price, it is only fair that she not receive a windfall from keeping all of market sales price. The NJ.com article, however, calls this result a forfeiture and this opinion appears to me to be based upon the “house is an investment” concept:

But critics say it has locked out buyers, many of whom are Black and Brown, from the financial benefits of owning a house.

“The model is not going to get people out of poverty,” said Venus Smith, a Jersey City realtor who has started a petition to end the program. “It’s actually plummeting them back into poverty in their senior years.”

But the purpose of affordable housing programs is not to provide the beneficiaries with a subsidized profit, but with a decent place to live, at a rent or mortgage payment that they can afford.

Jay Bohn
July 12, 2021