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Gloria’s Substack · Aug 19, 2026

Patching the Unpatchable: The Endless Crisis of U.S. Employer-Based Health Insurance

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Gloria J. Maloney · Gloria’s Substack

No conversation about American healthcare can ignore the simmering frustration and anger of those left stranded by its failures. For many, the supposed security of employer-based health insurance has become a wellspring of anxiety and hardship, especially for people whose age or health conditions mark them as financial liabilities in the eyes of employers.

The truth is chilling: when workers are labeled as insurance or workers’ compensation risks, they are often cast out of the workforce. For example, a 2023 study by the Economic Policy Institute found that nearly 25 percent of workers with chronic health conditions reported being dismissed or forced to leave their jobs because they were seen as too costly to insure. This fractured system has left many not just jobless, but hovering on the edge of homelessness, all because dependable healthcare is a distant dream. In fact, medical bills contribute to nearly two-thirds of all personal bankruptcies in the United States, and loss of employer-sponsored coverage is often a tipping point for many families facing housing instability (Himmelstein et al., 2019, pp. 431-433). The price of care is overwhelming, the safety nets are threadbare, and the fallout for vulnerable workers is catastrophic. This crisis cries out for more than another patch; it demands a complete overhaul.

How did we end up in this endless cycle of patching a system that keeps unraveling?

History of Employment-Based Health Insurance

The U.S. employment-based health insurance system began in the late 19th century as a response to industrialization, with employers offering health coverage to attract and retain workers. Over the decades, this model developed substantially, especially during World War II when wage controls led employers to enhance benefits, solidifying employer-provided insurance as a keystone of the American healthcare system.

Because everyone requires healthcare, yet not all are wealthy enough to pay out of pocket or fortunate enough to have employer-sponsored coverage, the United States introduced its first major policy solution: Medicare and Medicaid.

The introduction of Medicare and Medicaid in the 1960s strengthened employer-based insurance as the central pillar of the U.S. healthcare system, largely due to lawmakers’ reluctance to adopt universal healthcare.

The Deterioration of the Employment-Based Health Insurance System

Over the past four decades, the employment-based health insurance system in the United States has deteriorated significantly, as identified by declining satisfaction, rising costs, and shrinking coverage. As both employers and employees grapple with rising challenges, the once-stable system of workplace health benefits now faces an uncertain future, calling for urgent reform.

In 1980, employer-sponsored health insurance was a keystone of American healthcare. At the time, satisfaction rates were high, with only 22% of employers and 18% of employees indicating dissatisfaction. Broad coverage and low deductibles were the norm, and most Americans—66%—received their health insurance through their jobs (Levit et al., 1992, pp. 31-57). However, even then, cost pressures were emerging, signaling future difficulties.

By 2000, dissatisfaction had grown substantially. The percentage of dissatisfied employers rose to 38%, while 31% of employees reported similar concerns. This period saw a backlash against managed care models and dramatic premium increases, which strained both businesses and workers alike. At the same time, the share of Americans with employer-based coverage dropped to 64.1%, a modest but telling decline that reflects the early impacts of rising healthcare costs and shifting job market dynamics (Vistnes et al., 2012).

The early 21st century brought even greater challenges. In 2010, dissatisfaction reached 52% among employers and 46% among employees. The aftermath of the 2008 recession accelerated the shift toward high-deductible health plans, placing more of the financial burden on employees and heightening concerns about affordability. Coverage rates fell sharply, with only 55.3% of Americans receiving employer-sponsored health insurance.

By 2020, the gap between healthcare costs and wage growth had widened further. More than half of both employers (58%) and employees (55%) were dissatisfied, as premiums and deductibles outpaced salary increases and the risk of underinsurance grew. The share of the population with employment-based coverage slipped to 54.4%, continuing the steady decline (Keisler-Starkey & Bunch, n.d.).

Going forward, projections paint an even bleaker picture. Dissatisfaction is expected to reach record highs, with 68% of employers and 62% of employees expressing frustration. Premiums are projected to spike to unprecedented levels—averaging around $27,000 per family—while administrative complexities further erode the perceived value of coverage. The proportion of Americans with employer-based insurance is expected to drop to 53.8% (Niasse, 2025).

This relentless erosion of coverage and trust signals a crossroads for American healthcare. Both employers and employees are fighting to keep workplace insurance afloat. Without bold reform to rein in costs and restore coverage, the employer-based model could collapse entirely, putting the health and livelihoods of millions at risk.

To broaden access to employment-based health insurance, Patch Number Two was introduced to guarantee that all individuals capable of working could seek employment and obtain coverage, without being excluded based on perceived health insurance risk.

Historically, the U.S. employment-based health insurance system did not, by law, prevent employers from hiring people with pre-existing conditions or high medical risks, but it created major structural incentives and practices that made employment difficult for higher-risk individuals.

Historically, group health plans—particularly for small employers—could exclude coverage for pre-existing medical conditions for a set period or charge significantly higher premiums based on the health status of an employer’s workforce. These practices were permissible before the passage of the Affordable Care Act (ACA).

Small businesses with community or medically underwritten plans often faced sharp premium increases if they hired an employee or covered a dependent with high medical costs. This created an indirect disincentive to hire individuals perceived as high-cost health liabilities.

Several legal protections were established against employment discrimination. The Americans with Disabilities Act (ADA) of 1990 prohibits employers from refusing to hire a qualified individual with a disability based on worries about potential healthcare costs or insurance liabilities.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 prohibited group health plans from discriminating against individual employees with respect to eligibility or premiums based on health status, though it still allowed exclusions for pre-existing conditions under designated timelines.

Job Lock Effect: The system historically created “job lock”—where workers with pre-existing conditions were afraid to leave or switch jobs out of fear of losing coverage or facing new pre-existing condition waiting periods at a new employer.

The ACA’s affordability depends on robust, ongoing federal financial support. Without it, the combined effects of rising costs, adverse selection, market fluctuation, and the loss of Medicaid expansion funding would make insurance unaffordable for many, threatening the law’s core goals.it,

Enforcement of Title I of the Americans with Disabilities Act (ADA), which covers employment, exists across two distinct eras: pre-2008 and post-2008. While the Equal Employment Opportunity Commission (EEOC) and federal courts have actively enforced the ADA since its enactment in 1992, structural legal barriers initially made it difficult for many workers to enforce it in practice. Legislative updates (band-aids) later considerably broadened its enforceability.

Pre-2008 Era: High Barriers to Enforceability

During its first 18 years, enforcing the ADA in court was notoriously difficult for employees.

Narrow judicial definitions emerged after a series of U.S. Supreme Court decisions narrowed what it meant to have a disability. Courts ruled that if a condition could be mitigated—for instance, through medication for diabetes or high blood pressure—the worker was not considered “substantially limited” enough to qualify as disabled under the law.

Instead of focusing on discrimination, courts spent more time evaluating whether the worker was legally disabled. As a result, most employment cases were dismissed at the summary judgment stage before the question of discrimination was even addressed.

Studies of EEOC claims from 1992 to 2005 showed that non-merit resolutions favoring the employer occurred nearly two-thirds of the time. This high rate resulted from a strict legal threshold that workers had to meet to qualify for protection. Often, whether a worker was considered protected depended less on their actual medical condition and more on the employer’s perception of the worker’s health; difficult for the employee to know or prove.

Band-aids on Patch Number Two

The ADA Amendments Act (ADAAA) of 2008: Broadening Enforceability

To fix what Congress acknowledged as a flawed judicial interpretation, the ADAAA was passed in 2008 (taking effect in 2009) to make the law far more enforceable.

The amendment signified a pivotal shift in focus to employer conduct. It explicitly directed courts and the EEOC to interpret disability broadly, removing the requirement to consider mitigating measures, such as medication or assistive devices, when determining whether someone was disabled.

This change established a lower threshold for employees, shifting the legal burden from proving one’s medical impairment to evaluating whether the employer met its duty to provide reasonable accommodation or engaged in discriminatory conduct.

Modern Enforcement Infrastructure

Today, Title I is actively enforced through a two-tiered system:

Administrative enforcement through the EEOC requires that workers file a charge with the agency before pursuing a lawsuit. Each year, the EEOC manages tens of thousands of disability-related charges and recovers hundreds of millions of dollars for workers through settlements, conciliations, and direct litigation.

The threat of enforcement has produced a systemic impact, eliciting extensive compliance efforts among medium- and large-sized employers. These include formalized interactive-process accommodation procedures, updated job descriptions, and mandatory HR training.

While employers in at-will states technically should not refuse to hire someone simply because they are seen as a workers’ comp or health insurance liability, in practice, some may do so covertly. This is illegal, but difficult to prove unless the employer makes it explicit. Legal protections exist, but enforcement relies on the ability to demonstrate the real reason for the adverse employment action.

The Affordable Care Act (ACA), enacted in 2010, was designed in part to resolve gaps in health insurance coverage, including those resulting from employers dropping or reducing health insurance benefits. The ACA of 2010 completely banned health status underwriting, medical loss exclusions, and pre-existing condition exclusions in group and individual health plans, separating an individual’s personal health risk from plan pricing or coverage requirements.

The ACA partially filled the health insurance gaps as employers dropped coverage, but not completely.

The Affordable Care Act (ACA) addressed several critical issues in health insurance coverage, most notably by expanding access and influencing employer coverage trends. One of the most important achievements of the ACA was the expansion of coverage. The ACA increased access to health insurance by creating health insurance marketplaces, also known as exchanges, which offered income-based subsidies.

Medicaid was also expanded in many states, making insurance available to more people. As a result, millions of Americans—especially those who had previously been uninsured—were able to obtain health coverage.

The ACA also affected employer-sponsored insurance. After the ACA was enacted, large employers generally continued to offer health insurance, influenced in part by the employer mandate requiring them to provide affordable coverage or face penalties.

Among small employers, there was a modest decline in coverage offerings, though this trend began before the ACA and did not accelerate significantly after its implementation. Some small businesses, faced with rising costs or administrative obstacles, chose to drop coverage. However, the ACA provided alternative options for their employees, such as marketplace plans and subsidies.

The individual health insurance market has played an essential role in addressing the needs of Americans who lost or never had access to employer-based coverage. These individuals gained the ability to purchase insurance through the Affordable Care Act exchanges, where subsidies often made coverage more affordable.

Protections established by the ACA, such as guaranteed issue and community rating, made it significantly easier for people with preexisting conditions to obtain coverage. Despite these improvements, gaps in coverage remained. For example, not all states chose to expand Medicaid, which left a coverage gap for many low-income adults in states that opted out of expansion.

Additionally, some individuals found that marketplace coverage remained unaffordable despite available subsidies, or were unable to obtain insurance due to factors such as immigration status.

The ACA significantly reduced the number of uninsured Americans and provided new safety nets for those without employer coverage. However, some gaps remain, especially in non-expansion states and among certain populations. The ACA was effective in providing alternatives for many who lost employer-based insurance, but it did not fully eliminate coverage gaps.

Without Federal supplemental funding, the ACA’s mechanisms—guaranteed coverage, expanded benefits, and affordability measures—become unsustainable. Premiums and out-of-pocket costs would skyrocket, healthy people would drop out, insurers might withdraw, and the system would unravel, defeating the ACA’s core goals of broad, affordable coverage. Federal funding acts as the glue that holds the ACA’s risk pools and affordability measures together.

Cuts in Medicaid funding and the expiration of supplemental Affordable Care Act (ACA) support can create serious financial pressure on long-term care facilities and hospitals, especially those that serve a large number of low-income or uninsured patients.

The combined effects of Medicaid cuts under the One Big Beautiful Bill Act (OBBBA) and the non-renewal of enhanced Affordable Care Act (ACA) marketplace subsidies are creating major shifts across the U.S. healthcare system.

Nonpartisan analyses, including projections from the Congressional Budget Office (CBO), highlight several major structural and financial consequences:

Coverage Losses and Rising Uninsured Rates

A massive surge in the uninsured population is projected, with estimates suggesting that roughly 16 million additional Americans could lose their health insurance over the next decade. Disenrollment from Medicaid is expected to increase as tightened administrative requirements take effect. Mandatory work reporting, more frequent eligibility redeterminations, and stricter income verification will likely cause millions of eligible low-income individuals to lose Medicaid coverage due to bureaucratic obstacles.

Premiums for marketplace health insurance plans are expected to spike as the enhanced ACA tax credits expire. This change will increase out-of-pocket premium costs for enrollees by an average of over 75 percent. Lower-income families, older adults, and individuals living in states without expanded Medicaid will face the steepest price increases, possibly causing many to drop coverage entirely.

Financial Strain on Healthcare Providers

As the uninsured population grows, hospitals and clinics face a steep rise in unpaid medical bills. These facilities are then forced to absorb the costs of uncompensated emergency care, putting substantial financial pressure on their operations. Rural healthcare providers, who routinely operate on thin margins and rely heavily on Medicaid revenue, are particularly vulnerable. When federal reimbursements are reduced, hundreds of rural hospitals face an increased risk of downsizing, cutting critical services such as obstetrics, or even closing permanently.

State Budget Pressures

When federal Medicaid match rates are cut and funding limits are imposed, a larger portion of healthcare expenses must be absorbed by state budgets. These funding shortfalls force state governments to make difficult financial decisions regarding healthcare provision. To balance their budgets amid such pressures, state governments often restrict optional Medicaid benefits, such as dental, vision, or adult home- and community-based care. They may also lower provider reimbursement rates, still limiting access to care for vulnerable populations.

Greater Economic and Health Impacts

Higher out-of-pocket healthcare costs and reduced coverage increase the risk of medical debt and bankruptcy for low- and middle-income households. This ongoing financial hardship can undermine family stability, leading to difficult choices between paying for medical care and meeting other essential needs. When individuals lose their insurance, they commonly delay routine care and management of chronic diseases. This delay can result in worse long-term health consequences and increased use of emergency rooms as health issues become more severe over time.

Research and historical evidence show that when healthcare policies limit access to affordable care—whether by reducing insurance coverage, increasing out-of-pocket costs, or restricting eligibility—the consequences are clear and significant.

One significant consequence of reduced access to affordable healthcare is that individuals frequently delay or entirely forgo necessary medical care due to unaffordable costs or limited availability. This pattern of avoidance leads to deteriorating health outcomes and exacerbates existing medical conditions. As a result, many people ultimately seek treatment in emergency rooms only after their health problems have become severe.

This reactive approach to healthcare increases emergency room utilization, causing overcrowding and driving up costs across the entire system. Moreover, the shortage of timely access to primary and preventive care leads to preventable suffering and, in many cases, premature deaths. These harmful effects are clearly pronounced among vulnerable populations, who are disproportionately affected by barriers to healthcare access.

Expansions in coverage (such as Medicaid expansion under the ACA) have been associated with improved access, fewer delays in care, reduced uncompensated emergency care, and lower mortality rates.

In conclusion:

The persistent question remains: why can’t we finally have a single-payer universal coverage system in the United States? Despite repeated reforms and incremental patches, the nation continues to rely on a fragmented, employer-based, and means-tested patchwork. An essential factor is the deep financialization of the healthcare system—health insurance is not only an industry in its own right, but also a major sector of the wider financial system. The entrenched interests of insurers, financial institutions, and related stakeholders create powerful resistance to fundamental change. This financial entanglement perpetuates complexity, high administrative costs, and barriers to universal coverage, making comprehensive reform toward a single-payer system exceptionally difficult. As long as health insurance remains tightly integrated with the financial sector, the path to true universal coverage will remain obstructed by economic and political inertia.

Just as the abolition of slavery once seemed impossible, sweeping change is now within our grasp. The progressive movement is gathering strength, step by step. Though the finish line may seem distant, those who persist in the fight for healthcare justice will ultimately prevail.

This is the end of the article. The following are sources and references.

Sources:

Kaiser Family Foundation (KFF): How the ACA Changed Employer-Sponsored Insurance

Congressional Budget Office (CBO): Federal Subsidies for Health Insurance Coverage for People Under Age 65: 2023 to 2033

Health Affairs: The ACA’s Coverage Expansion—A Progress Report

References

Himmelstein, D. U., Warren, E., Thorne, D. & Woolhandler, S. (2019). Medical Bankruptcy: Still Common Despite the Affordable Care Act. American Journal of Public Health 109(3), pp. 431-433. https://doi.org/10.2105/AJPH.2018.304901

Levit, K. R., Olin, G. L. & Letsch, S. W. (1992). Americans’ health insurance coverage, 1980-91. Health Care Financing Review 14(1), pp. 31-57. https://doi.org/10.1016/S0195-4365(00)00004-0

Vistnes, J., Zawacki, A., Simon, K. & Taylor, A. (2012). Declines in Employer-Sponsored Insurance between 2000 and 2008: Examining the Components of Coverage by Firm Size. Health Services Research 47(31). https://doi.org/10.1111/j.1475-6773.2011.01368.x

Keisler-Starkey, K. & Bunch, L. N. (n.d.). Health Insurance Coverage in the United States: 2020. https://www.census.gov/library/publications/2021/demo/p60-274.html

Niasse, A. (October 21, 2025). US health insurance premiums rose to $27,000 for families in 2025. Reuters. https://www.investing.com/news/stock-market-news/us-health-insurance-premiums-rose-to-27000-for-families-in-2025-4302275

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Read the original on gloriajmaloney.substack.com

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