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H E A L T H T R A C K I N G M A R K E T W A T C H
2 February 2005
MarketWatch: Illness And Injury As Contributors To Bankruptcy
Even universal coverage could
leave many Americans
vulnerable to bankruptcy unless such coverage was
more comprehensive than many current policies.
By David
U. Himmelstein, Elizabeth Warren, Deborah Thorne, and
Steffie Woolhandler
ABSTRACT:
In 2001, 1.458 million American families filed for bankruptcy.
To investigate medical contributors to bankruptcy, we surveyed 1,771 personal
bankruptcy filers in five federal courts and subsequently completed in-depth
interviews with 931 of them. About half cited medical causes, which indicates
that 1.9–2.2 million Americans (filers plus dependents) experienced medical
bankruptcy. Among those whose illnesses led to bankruptcy, out-of-pocket costs
averaged $11,854 since the start of illness; 75.7 percent had insurance at the
onset of illness. Medical debtors were 42 percent more likely than other debtors
to experience lapses in coverage. Even middle-class insured families often fall
prey to financial catastrophe when sick.
If the debtor be insolvent
to serve creditors, let his body be cut in pieces on the third market day.
It may be cut into more or fewer pieces with impunity. Or, if his creditors
consent to it, let him be sold to foreigners beyond the Tiber.
—Twelve Tables, Table III, 6 (ca. 450 B.C.)
Our
bankruptcy system works differently
from that of ancient Rome; creditors carve up the debtor’s
assets, not the debtor. Even so, bankruptcy leaves painful problems
in its wake. It remains on credit reports for a decade, making
everything from car insurance to house payments more expensive.1 Debtors’ names
are often published in the newspaper, and the fact of their bankruptcy
may show up whenever someone tries to find them via the Internet.
Potential employers who run routine credit checks (a common screening
practice) will discover the bankruptcy, which can lead to embarrassment
or, worse, the lost chance for a much-needed job.2
Personal bankruptcy is common. Nearly 1.5 million couples
or individuals filed bankruptcy petitions in 2001, a 360 percent increase
since 1980.3 Fragmentary data from the legal
literature suggest that illness and medical bills contribute to
bankruptcy. Most previous studies of medical bankruptcy, however, have relied
on court records—where
medical debts may be subsumed under credit card or mortgage debt—or
on responses to a single survey question.4 None
has collected detailed information on medical expenses, diagnoses,
access to care, work loss, or insurance coverage. Research has
been impeded both by the absence of a national repository for bankruptcy
filings and by debtors’ reticence
to discuss their bankruptcy; in population-based surveys, only
half of those who have undergone bankruptcy admit to it.5
The health policy literature is virtually silent
on bankruptcy, although a few studies have looked at impoverishment attributable
to illness. In his 1972 book, Sen. Edward Kennedy (D-MA) gave an impressionistic
account of “sickness and bankruptcy.”6 The
likelihood of incurring high out-of-pocket costs was incorporated into
older estimates of the number of underinsured Americans: twenty-nine million
in 1987.7 About 16 percent of families now
spend more than one-twentieth of their income on health care.8 Among
terminally ill patients (most of them insured), 39 percent reported that
health care costs caused moderate or severe financial problems.9 Medical
debt is common among the poor, even those with insurance, and interferes
with access to care.10 At
least 8 percent, and perhaps as many as 21 percent, of American families
are contacted by collection agencies about medical bills annually.11
Our study provides the first extensive data on the
medical concomitants of bankruptcy, based on a survey of debtors in bankruptcy
courts. We address the following questions: (1) Who files for bankruptcy?
(2) How frequently do illness and medical bills contribute to bankruptcy?
(3) When medical bills contribute, how large are they and for what services?
(4) Does inadequate health insurance play a role in bankruptcy? (5) Does
bankruptcy compromise access to care?
A Brief Primer On Bankruptcy
“Bankrupt” is not synonymous with “broke.” “Bankrupt” means
filing a petition in a federal court asking for protection from creditors via
the bankruptcy laws. A single petition may cover an individual or married couple.
The instant a debtor files for bankruptcy, the court assumes legal control of
the debtor’s assets and halts all collection efforts.
Shortly after the filing, a court-appointed
trustee convenes a meeting to inventory the debtor’s assets
and debts and to determine which assets are exempt from seizure.
States may regulate these exemptions, which often include work
tools, clothes, Bibles, and some equity in a home.
About 70 percent of all consumer debtors file
under Chapter 7 of the Bankruptcy Code; most others file under
Chapter 13. In Chapter 7 the trustee liquidates all nonexempt assets—although
96 percent of debtors have so little unencumbered property that
there is nothing left to liquidate. At the conclusion of the bankruptcy,
the debtor is freed from many debts. In Chapter 13 the debtor proposes
a repayment plan, which extends for up to five years. Chapter 13
debtors may retain their property so long as they stay current
with their repayments.
Under both chapters, taxes, student loans, alimony,
and child support remain payable in full, and debtors must make payments
on all secured loans (such as home mortgages and car loans) or forfeit
the collateral.
Study Data And Methods
This study is based on a cohort of 1,771 bankruptcy filings
in 2001. For each filing, a debtor completed a written questionnaire at the
mandatory meeting with the trustee, and we abstracted financial data from
public court records. In addition, we conducted follow-up telephone interviews
with about half (931) of these debtors.
Sampling strategy. We
used cluster sampling to assemble a cohort of households filing for personal
bankruptcy in five (of the seventy-seven total) federal judicial districts.12 We
collected 250 questionnaires in each district, representative of
the proportion of Chapters 7 and 13 filings in that district. These
1,250 cases constitute our “core
sample.” For planned studies on housing, we collected identical
data from an additional 521 homeowners filing for bankruptcy. We
based our analyses on all 1,771 bankruptcies with responses weighted
to maintain the representativeness of the sample.13
Data collection. With
the cooperation of the judges in each district, we contacted the trustees who
officiate at meetings with debtors. The trustees agreed to distribute, or to
allow a research assistant to distribute, a self-administered questionnaire
to debtors appearing at the bankruptcy meeting. Questionnaires
(which were available in English and Spanish) included a cover
letter explaining the research project and human subjects protections
and encouraging debtors to consult their attorneys (who were almost
always present) before participating.
The questionnaire asked about demographics,
employment, housing, and specific reasons for filing for bankruptcy;
it also asked whether the debtor had medical debts exceeding $1,000,
had lost two or more weeks of work-related
income because of illness, or had health insurance coverage for
themselves and all dependents at the time of filing, and whether
there had been a gap of one month or more in that coverage during
the past two years. In joint filings, we collected demographic
information for each spouse.
During the spring and summer of 2001 we collected
questionnaires from consecutive debtors in each district until
the target number was reached.14
Follow-up telephone
interviews.
The written questionnaire distributed at the time of bankruptcy filing
invited debtors to participate in future telephone interviews, for which
they would receive $50; 70 percent agreed to such interviews. We ultimately
completed follow-up telephone interviews with 931 of the 1,771 debtor
families, a response rate of 53 percent.15 The
telephone interviews, conducted between June 2001 and February
2002 using a structured, computer-assisted protocol, explored financial,
housing, and medical issues. Many debtors also provided a narrative description
of their bankruptcy experience.
Detailed
medical questions.
Each of the 931 interviewees was asked if any of the following
had been a significant cause of their bankruptcy: an illness or
injury; the death of a family member; or the addition of a family
member through birth, adoption, custody, or fostering. Those who
answered yes to this screening question were queried about diagnoses,
health insurance during the illness, and medical care use and spending.
Interviewers collected information about each household member
with medical problems. In total, we collected in-depth medical
information on 391 people with health problems in 332 debtor households.
Data analysis.
We used data from the self-administered questionnaires (and court
records) obtained from all 1,771 filers to analyze demographics,
health coverage at the time of filing, and gaps in coverage in
the two years before filing.
We also used the questionnaire to estimate
how frequently illness and medical bills contributed to bankruptcy.
We developed two summary measures of medical bankruptcy. Under
the rubric “Major Medical Bankruptcy” we
included debtors who either (1) cited illness or injury as a specific reason
for bankruptcy, or (2) reported uncovered medical bills exceeding $1,000 in the
past years, or (3) lost at least two weeks of work-related income because of
illness/injury, or (4) mortgaged a home to pay medical bills. Our more inclusive
category, “Any Medical Bankruptcy,” included debtors
who cited any of the above, or addiction, or uncontrolled gambling,
or birth, or the death of a family member.16
Data from the 931 follow-up telephone interviews
were used to analyze hardships experienced by debtors in the period
surrounding their bankruptcy, including problems gaining access
to medical care. The in-depth medical interviews regarding 391
people with medical problems are the basis for our analyses of
which household members were ill, diagnoses, health insurance at
onset of illness, and out-of-pocket spending. Two physicians (Himmelstein
and Woolhandler) coded the diagnoses given by debtors into categories
for analysis.
SAS and SUDAAN were used for statistical analyses, adjusting
for complex sample design. To extrapolate our findings nationally, we assumed
that our core sample was representative of the 1,457,572 households filing
for bankruptcy during 2001. Human subject committees at Harvard Law School
and the Cambridge Hospital approved the project.
Study Findings
Who files for bankruptcy? Exhibit
1 displays the demographic characteristics of our weighted sample
of 1,771 bankruptcy filers. The average debtor was a forty-one-year-old
woman with children and at least some college education. Most debtors owned
homes; their occupational prestige scores place them predominantly in the
middle or working classes.
On average, each bankruptcy involved 1.32 debtors (reflecting
some joint filings by married couples) and 1.33 dependents. Extrapolating
from our data, the 1.5 million personal bankruptcy filings nationally in
2001 involved 3.9 million people: 1.9 million debtors, 1.3 million children
under age eighteen, and 0.7 million other dependents.
Medical causes of
bankruptcy.
Exhibit
2 shows the proportion of debtors (N = 1,771)
citing various medical contributors to their bankruptcy and the
estimated number of debtors and dependents nationally affected by each cause.
More than one-quarter cited illness or injury as a specific reason for bankruptcy;
a similar number reported uncovered medical bills exceeding $1,000. Some debtors
cited more than one medical contributor. Nearly half (46.2 percent) (95 percent
confidence interval = 43.5,
48.9) of debtors met at least one of our criteria for “major
medical bankruptcy.” Slightly
more than half (54.5 percent) (95 percent CI = 51.8,
57.2) met criteria for “any medical bankruptcy.”
A lapse in health insurance
coverage during the two years before filing was a strong predictor
of a medical cause of bankruptcy (Exhibit
3). Nearly four-tenths (38.4 percent)
of debtors who had a “major medical
bankruptcy” had experienced a lapse, compared
with 27.1 percent of debtors with no medical
cause (p < .0001).
Surprisingly, medical debtors were no less likely
than other debtors to have coverage at the time
of filing. (More detailed coverage and cost data
for the subsample we interviewed appears below.)
Medical debtors resembled
other debtors in most other respects (Exhibit
1). However, the “major medical bankruptcy” group
was 16 percent (p < .03)
less likely than other debtors to cite
trouble managing money as a cause of their bankruptcy
(data not shown).
Privations
in the period surrounding bankruptcy. In
our follow-up telephone interviews with 931 debtors, they reported
substantial privations. During the two years before filing, 40.3
percent had lost telephone service; 19.4 percent had gone without
food; 53.6 percent had gone without needed doctor or dentist visits
because of the cost; and 43.0 percent had failed to fill a prescription,
also because of the cost. Medical debtors experienced more problems
in access to care than other debtors did; three-fifths went without
a needed doctor or dentist visit, and nearly half failed to fill
a prescription (Exhibit
4).
Medical debt was also associated
with mortgage problems. Among the
total sample of 1,771 debtors, those
with more than $1,000 in medical
bills were more likely than others
to have taken out a mortgage to pay
medical bills (5.0 percent versus
0.8 percent). Fifteen percent of
all homeowners who had taken out
a second or third mortgage cited
medical expenses as a reason. Follow-up
phone interviews revealed that among homeowners
with high-cost mortgages (interest
rates greater than 12 percent, or
points plus fees of at least 8 percent),
13.8 percent cited a medical reason
for taking out the loan.
Following their bankruptcy filings, about one-third
of debtors continued to have problems paying
their bills. Medical debtors reported particular
problems making mortgage/ rent payments and paying
for utilities (Exhibit
4). Although our interviews
occurred soon after the bankruptcy filings (seven
months, on average), many debtors had already
been turned down for jobs (3.1 percent), mortgages
(5.8 percent), apartment rentals (4.9 percent),
or car loans (9.3 percent) because of the bankruptcy
on their credit reports.
Medical diagnoses,
spending, and type of coverage.
Our interviews yielded detailed data on diagnoses, health insurance
coverage, and medical bills for 391 debtors or family members whose medical
problems contributed to bankruptcy. In three-quarters of cases, the person
experiencing the illness/ injury was the debtor or spouse of the debtor;
in 13.3 percent, a child; and in 8.2 percent, an elderly relative.
Illness begot financial problems both directly (because
of medical costs) and through lost income. Three-fifths (59.9 percent)
of families bankrupted by medical problems indicated that medical bills
(from medical care providers) contributed to bankruptcy; 47.6 percent cited
drug costs; 35.3 percent had curtailed employment because of illness, often
(52.8 percent) to care for someone else. Many families had problems with
both medical bills and income loss.
Families bankrupted by medical problems cited varied,
and sometimes multiple, diagnoses. Cardiovascular disorders were reported
by 26.6 percent; trauma/orthopedic/back problems by nearly one-third; and
cancer, diabetes, pulmonary, or mental disorders and childbirth-related and
congenital disorders by about 10 percent each. Half (51.7 percent) of the
medical problems involved ongoing chronic illnesses.
Our in-depth interviews with medical debtors confirmed
that gaps in coverage were a common problem. Three-fourths (75.7 percent)
of these debtors were insured at the onset of the bankrupting illness. Three-fifths
(60.1 percent) initially had private coverage, but one-third of them lost
coverage during the course of their illness. Of debtors, 5.7 percent had
Medicare, 8.4 percent Medicaid, and 1.6 percent veterans/military coverage.
Those covered under government programs were less likely than others to have
experienced coverage interruptions.
Few medical debtors had elected to go without coverage.
Only 2.9 percent of those who were uninsured or suffered a gap in coverage
said that they had not thought they needed insurance; 55.9 percent said that
premiums were unaffordable; 7.1 percent were unable to obtain coverage because
of preexisting medical conditions; and most others cited employment issues,
such as job loss or ineligibility for employer-sponsored coverage.
Debtors’ out-of-pocket medical costs were often below
levels that are commonly labeled catastrophic. In the year prior
to bankruptcy, out-of-pocket costs (excluding insurance premiums) averaged
$3,686 (95 percent CI = $2,693, $4,679) (Exhibit
5). Presumably,
such costs were often ruinous because of concomitant income loss
or because the need for costly care persisted over several years. Out-of-pocket
costs since the onset of illness/injury averaged $11,854 (95 percent CI = $8,532,
$15,175). Those with continuous insurance coverage paid $734 annually
in premiums on average, over and above the expenditures detailed above. Debtors
with private insurance at the onset of their illnesses had even higher out-of-pocket
costs than those with no insurance (Exhibit
5). This paradox is explained by
the very high costs—$18,005—incurred by patients who initially
had private insurance but lost it. Among families with medical expenses, hospital
bills were the biggest medical expense for 42.5 percent, prescription medications
for 21.0 percent, and doctors’ bills for 20.0 percent. Virtually all
of those with Medicare coverage, and most patients with psychiatric
disorders, said that prescription drugs were their biggest expense.
The human
face of bankruptcy.
Debtors’ narratives
painted a picture of families arriving at the bankruptcy courthouse
emotionally and financially exhausted, hoping to stop the collection
calls, save their homes, and stabilize their economic circumstances.
Many of the debtors detailed ongoing problems with access to care.
Some expressed fear that their medical care providers would refuse
to continue their care, and a few recounted actual experiences
of this kind. Several had used credit cards to charge medical bills
they had no hope of paying.
The co-occurrence of medical and job problems
was a common theme. For instance, one debtor underwent lung surgery
and suffered a heart attack. Both hospitalizations were covered by
his employer-based insurance, but he was unable to return to his
physically demanding job. He found new employment but was denied
coverage because of his preexisting conditions, which required costly
ongoing care. Similarly, a teacher who suffered a heart attack was
unable to return to work for many months, and hence her coverage
lapsed. A hospital wrote off her $20,000 debt, but she was nonetheless
bankrupted by doctors’ bills
and the cost of medications.
A second common theme was sounded by parents
of premature infants or chronically ill children; many took time
off from work or incurred large bills for home care while they
were at their jobs.
Finally, many of the insured debtors blamed high copayments
and deductibles for their financial ruin. For example, a man insured through
his employer (a large national firm) suffered a broken leg and torn knee
ligaments. He incurred $13,000 in out-of-pocket costs for copayments, deductibles,
and uncovered services—much of it for physical therapy.
Discussion
Bankruptcy is common in the United States, involving
nearly four million debtors and dependents in 2001; medical problems contribute
to about half of all bankruptcies. Medical debtors, like other bankruptcy
filers, were primarily middle class (by education and occupation). The chronically
poor are less likely to build up debt, have fewer assets (such as a home)
to protect, and have less access to the legal resources needed to navigate
a complex financial rehabilitation. The medical debtors we surveyed were
demographically typical Americans who got sick. They differed from others
filing for bankruptcy in one important respect: They were more likely to
have experienced a lapse in health coverage. Many had coverage at the onset
of their illness but lost it. In other cases, even continuous coverage left
families with ruinous medical bills.
Study strengths and
limitations. Our
study’s strengths are the use of multiple overlapping data
sources; a large sample size; geographic diversity; and in-depth
data collection. Although our sample may not be fully representative
of all personal bankruptcies, the Chapter 7 filers we studied resemble
Chapter 7 filers nationally (the only group for whom demographic
data has been compiled nationally from court records).17 Several
indicators suggest that response bias did not greatly distort our
findings.18
As in all surveys, we relied on respondents’ truthfulness.
Might some debtors blame their predicament on socially acceptable medical problems
rather than admitting to irresponsible spending? Several factors suggest that
our respondents were candid. First, just prior to answering our questionnaire,
debtors had filed extensive financial information with the court under penalty
of perjury—information that was available to us in the court
records and that virtually never contradicted the questionnaire
data. They were about to be sworn in by a trustee (who often administered
our questionnaire) and examined under oath. At few other points
in life are full disclosure and honesty so aggressively emphasized.
Second, the details called for in our telephone
interview—questions
about out-of-pocket medical expenses, who was ill, diagnoses, and
so forth—would
make a generic claim that “we had medical problems” difficult
to sustain. Third, one of us (Thorne) interviewed (for other studies)
many debtors in their homes. Almost all specifically denied spendthrift
habits, and observation of their homes supported these claims.
Most reflected the lifestyle of people under economic constraint,
with modest furnishings and few luxuries. Finally, our findings
receive indirect corroboration from recent surveys of the general
public that have found high levels of medical debt, which often
result in calls from collection agencies.19
Even when data are reliable, making causal
inferences from a cross-sectional study such as ours is perilous.
Many debtors described a complex web of problems involving illness,
work, and family. Dissecting medical from other causes of bankruptcy
is difficult. We cannot presume that eliminating the medical antecedents
of bankruptcy would have prevented all of the filings we classified
as “medical bankruptcies.” Conversely,
many people financially ruined by illness are undoubtedly too ill,
too destitute, or too demoralized to pursue formal bankruptcy. In sum,
bankruptcy is an imperfect proxy for financial ruin.
Trends
in medical bankruptcy. Although
methodological inconsistencies between studies preclude precise
quantification of time trends, medical bankruptcies are clearly increasing.
In 1981 the best evidence available suggests that about 25,000 families
filed for bankruptcy in the aftermath of a serious medical problem (8
percent of the 312,000 bankruptcy filings that year).20 Our
findings suggest that the number of medical bankruptcies had increased
twenty-threefold by 2001. Since the number of bankruptcy filings rose
11 percent in the eighteen months after the completion of our data collection,
the absolute number of medical bankruptcies almost surely continues to
increase.21
Policy implications.
Our data highlight four deficiencies in the financial safety net for
American families confronting illness. First, even brief lapses in insurance
coverage may be ruinous and should not be viewed as benign. While forty-five
million Americans are uninsured at any point in time, many more experience
spells without coverage. We found little evidence that such gaps were
voluntary. Only a handful of medical debtors with a gap in coverage had
chosen to forgo insurance because they had not perceived a need for it;
the overwhelming majority had found coverage unaffordable or effectively
unavailable. The privations suffered by many debtors—going
without food, telephone service, electricity, and health care—lend
credence to claims that coverage was unaffordable and belie the
common perception that bankruptcy is an “easy way out.”
Second, many health insurance policies prove
to be too skimpy in the face of serious illness. We doubt that such
underinsurance reflects families’ preference
for risk; few Americans have more than one or two health insurance options. Many
insured families are bankrupted by medical expenses well below the “catastrophic” thresholds
of high-deductible plans that are increasingly popular with employers.
Indeed, even the most comprehensive plan available to us through
Harvard University leaves faculty at risk for out-of-pocket expenses
as large as those reported by our medical debtors.
Third, even good employment-based coverage
sometimes fails to protect families, because illness may lead to
job loss and the consequent loss of coverage. Lost jobs, of course,
also leave families without health coverage when they are at their
financially most vulnerable.
Finally, illness often leads to financial catastrophe
through loss of income, as well as high medical bills. Hence, disability
insurance and paid sick leave are also critical to financial survival of
a serious illness.
Only broad reforms can address
these problems. Even universal coverage could leave many Americans
vulnerable to bankruptcy unless such coverage was much more comprehensive
than many current policies. As in Canada and most of western Europe, health
insurance should be divorced from employment to avoid coverage disruptions
at the time of illness. Insurance policies should incorporate comprehensive
stop-loss provisions, closing coverage loopholes that expose insured families
to unaffordable out-of-pocket costs. Additionally, improved programs are needed
to replace breadwinners’ incomes
when they are disabled or must care for a loved one. The low rate
of medical bankruptcy in Canada suggests that better medical and
social insurance could greatly ameliorate this problem in the United
States.22
In 1591 Pope Gregory XIV fell gravely ill.
His doctors prescribed pulverized gold and gems. According to legend,
the resulting depletion of the papal treasury is reflected in his
unadorned plaster sarcophagus in St. Peter’s
Basilica.23 Four centuries later,
solidly middle-class Americans still face impoverishment following
a serious illness.
This paper was supported by Grant no. 042425 from the
Robert Wood Johnson Foundation. The Ford Foundation, Harvard Law
School, and New York University Law School provided funding for
other portions of this project. Teresa Sullivan,
Jay Lawrence Westbrook, Robert Lawless, Bruce Markell, Michael
Schill, Susan Wachter, Katherine Porter, and John Pottow played key roles in
the overall project. Joel Cantor reviewed the medical questionnaire.
NOTES
1. J. Guest, “High Rate Robbery,” Consumer
Reports 67, no. 10 (2002): 7.
2. E. Warren and A.W. Tyagi, The Two-Income Trap (New
York: Basic Books, 2003).
3. U.S. Bureau of the Census, Statistical Abstract
of the United States, 1982–83 (Washington: U.S. Department
of Commerce, 1983); and Administrative Office of the U.S. Courts, “Record
Breaking Bankruptcy Filings Reported in Calendar Year 2001,” Press
Release (Washington: Administrative Office, 19 February 2002).
4. See M.B. Jacoby, T.A. Sullivan, and E. Warren, “Rethinking
the Debates over Health Care Financing: Evidence from the Bankruptcy
Courts,” New
York University Law Review 76 (2001): 375–418.
5. S. Fay, E. Hurst, and M.J. White, “The
Household Bankruptcy Decision,” American Economic Review 92,
no. 3 (2002): 706–711.
6. E.M. Kennedy, In Critical Condition: The
Crisis in America’s Health Care (New York: Simon and
Schuster, 1972).
7. P.F. Short and J.S. Banthin, “New Estimates
of the Underinsured Younger than Sixty-five Years,” Journal of the American
Medical Association 274, no. 16 (1995): 1302–1306.
8. M. Merlis, Family Out-of-Pocket Spending for Health
Services (New York: Commonwealth Fund, June 2002).
9. E.J. Emanuel et al., “Understanding Economic
and Other Burdens of Terminal Illness: The Experience of Patients
and Their Caregivers,” Annals
of Internal Medicine 132, no. 6 (2000): 451–459.
10. Access Project, The Consequences of Medical Debt:
Evidence from Three Communities, February 2003, www.accessproject.org/downloads/med_consequences.pdf (13
December 2004).
11. NPR/Kaiser Family Foundation/Kennedy School
of Government, “National
Survey on Health Care (chartpack),” June 2002, www.kff.org/kaiserpolls/upload/14064_1.pdf(27
January 2005); J.H. May and P.J. Cunningham, Tough Trade-Offs:
Medical Bills, Family Finances, and Access to Care (Washington:
Center for Studying Health System Change, June 2004); and S.R.
Collins et al., The
Affordability Crisis in U.S. Health Care: Findings from the Commonwealth Fund
Biennial Health Insurance Survey (New York: Commonwealth Fund,
March 2004).
12. The districts were California (Central District);
Illinois (Northern District); Pennsylvania (Eastern District);
Tennessee (Middle District); and Texas (Northern District). These
were chosen to achieve geographic, social, and legal diversity.
Together the five districts accounted for 13.8 percent of total
U.S. bankruptcy filings in 2001.
13. The 521 extra homeowner cases make the full
sample of 1,771 less representative of filers nationally than our
core sample of 1,250. Therefore, we used weighting procedures to
adjust for the oversampling of debtors in three districts, homeowners,
and debtors filing under Chapter 13. The weighted and unweighted
findings were little different.
14. Interviews with trustees indicate that response
rates in the five districts varied from approximately 55 percent
to nearly 100 percent.
15. It proved difficult to contact some debtors,
presumably because they were experiencing major life disruptions
or were afraid of calls from creditors. After ten unsuccessful
attempts to telephone potential subjects, we attempted to reach
them through contacts they had previously given us and via a letter.
Relative to the overall sample, the 931 interviewed debtors were
slightly less likely to be male, to have lost a home, or to reside
outside of Illinois but did not differ in age, occupational prestige
score, education, or home ownership. On occupational prestige scores,
see NORC, “Occupational Prestige Studies/Summary,” cloud9.norc.uchicago.edu/faqs/prestige
.htm (13 December 2004).
16. Uncontrolled gambling is classified as a psychiatric
disorder in the Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (DSM-IV) and contributed to about 1 percent of the bankruptcies.
17. Our Chapter 7 filers are similar to those
nationally in income, home ownership, family size, age distribution,
and marital status. See E. Flynn et al., “Bankruptcy by the
Numbers,” ABI Journal 20,
no. 10 (2002): 28–29; 21, no. 3 (2002): 22, 49; and 20, no.
8 (2001): 20.
18. We achieved high response rates to our initial
questionnaire, and rates of medical bankruptcy varied little between
districts despite some variation in response rates. It seems plausible
that more-stigmatized causes of bankruptcy (such as addiction,
mental illness, or profligate spending) may be underreported.
19. Twelve percent of households reported unpaid
medical debts in 1997, with 691,000 households reporting outstanding
medical debts greater than $5,000. SMR Research Corporation, The New Bankruptcy Epidemic (Hackettstown,
N.J.: SMR, 2001), 127. A high incidence of collection agency calls
was reported in NPR/Kaiser et al., “National Survey on Health Care”;
May et al., Tough
Trade-Offs; and Collins et al., The Affordability
Crisis.
20. For the total number of bankruptcies, see
U.S. Bureau of the Census, Statistical
Abstract of the United States: 1986 (Washington: GPO, 1985).
The estimate that 8 percent of these were medical is from T.A.
Sullivan, E. Warren, and J.L. Westbrook, The Fragile Middle Class: Americans in
Debt (New
Haven, Conn.: Yale University Press, 2000).
21. Administrative Office of the U.S. Courts, “Bankruptcy Cases
Continue to Break Federal Court Case Records: Total Bankruptcy Filings and Non-Business
Filings Hit Highs,” Press Release, 18 August 2003, www.uscourts.gov/Press_Releases/603b.pdf(13
December 2004).
22. Between 7.1 percent and 14.3 percent of Canadian
bankruptcies are attributable to “health/misfortune.” See J.S. Ziegel, “A
Canadian Perspective,” Texas Law Review 79, no.
5 (2001): 241–256.
23.Rome/Vatican
City (Clermont-Ferrand,
France: Michelin
Travel Publications,
2001).
David Himmelstein (dhimmelstein{at}challiance.org)
is an associate professor of medicine at Harvard medical School and a primary
care physician at Cambridge Hospital in Cambridge, Massachusetts. Elizabeth
Warren is the Leo Gottlieb Professor of Law at Harvard Law School in Boston.
She was chief adviser to the National Bankruptcy Review Commission. Deborah
Thorne is an assistant professor in the Department of Sociology and Anthropology
at Ohio University in Athens. Steffie Woolhandler is an associate professor
of medicine at Harvard where she codirects the General Medicine Faculty Development
Fellowship Program. She practices primary care internal medicine at Cambridge
Hospital.
DOI:
10.1377/hlthaff.w5.63
©2005 Project HOPE–The People-to-People Health
Foundation, Inc.
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