Originally posted by: BaliBabyDoc
The Volokh link is BS.
The author has a minimal understanding of healthcare or bankruptcy laws. His review of the Health Affairs article is what you would expect from a 2nd grader.
Among the self-identified factors that are listed as "medical" causes of bankruptcy in Exhibit 2 of the article are the following: illness or injury, birth/addition of new family member, death in family, alcohol or drug addiction, uncontrolled gambling. First, it is surely open to question whether uncontrolled gambling or a death in the family really should count as a "medical" problem.
Single-income household: almost ANY illness/injury could lead to destitution unless you've got gold-level supplemental insurance . . . AFLAC!
Childbirth: I guess abortion is an option. Obviously, people shouldn't have children they cannot afford so maybe the tools that read crap like Volokh should advocate for a means test for pregnancy. After my 2nd kid comes in March, I will be paying $25k a year just in daycare . . . yeah it's a nice daycare. But even the cheap route would be $12k a year.
Death in the family: Two income household that loses 40-60% of gross OR a single income household that loses the primary caregiver (now need daycare) would find itself in serious financial peril.
Alcohol or drug addiction: We cannot all be GWB. When he was a cokehead, he had the benefit of having friends in high places and no family to take care of. When he was a drunk, his wife could reliably take care of their young girls.
The inclusion of "uncontrolled gambling" is certainly debatable, though.
First, the authors count anything above 2 weeks of lost work income as a "serious medical problem." There appears to be no time frame over which this is measured, nor does it apparently even need to be consecutive lost work. So, for instance, if a restaurant waiter called in sick for 2 weeks or more in some indeterminate period of time prior to filing bankruptcy, this would presumably count as a serious medical problem.
I don't know any wait staff but I bet their salaries and benefits sux . . . so missing work . . . even a day . . . probably hurts. More directly, the author basically ASSUMES the 2 weeks of lost work occurred over some long period. Idiotic . . . but at least s/he is consistent.
Nor does the requirement of $1,000 in unpaid medical bills within 2 years of bankruptcy seem like a very plausible measure of serious financial problems.
Typical hospital bed charge per night $700, psych ward $900, intensive care $1200 . . . that's PER night. The author goes on to talk about "elective procedures" as if people with low incomes can get service without exceptional insurance or prepaying.