GOP’S ‘OBAMACARE’ REPEAL PATH WORRIES HEALTH CARE INDUSTRY

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One by one, key health care industry groups are telling the incoming Republican administration and Congress that it’s not a good idea to repeal the 2010 health care law without clear plans to address the consequences.

Hospitals, insurers and actuaries – bean-counters who make long-range economic estimates – have weighed in, and more interest groups are expected to make their views known soon. Representing patients, the American Cancer Society Cancer Action Network reminded lawmakers that lives are at stake.

The concerns go beyond the obvious potential hardship for the 20 million people covered by subsidized private insurance and expanded Medicaid under President Barack Obama’s signature law.

Hospitals say a stand-alone repeal would cost them billions, compromising their ability to serve local communities. Insurers say Congress must be careful not to create even more uncertainty and instability. Actuaries worry the mere promise of an eventual replacement won’t be enough to sustain the individual health insurance market.

For Obamacare, ‘Repeal & Delay’ Isn’t Just Republicans’ Best Choice — It’s Their Only Choice

http://www.forbes.com/sites/theapothecary/2016/12/11/for-obamacare-repeal-delay-isnt-just-republicans-best-choice-its-their-only-choice/#5e17ce2a445b

WASHINGTON, DC – DECEMBER 06: Senate Majority Leader Mitch McConnell (R-KY, (C), speaks to the media after attending a weekly luncheon with Senate Republicans at the Capitol, December 6, 2016 in Washington, DC. Senate Republicans gathered at the weekly luncheon to discuss their upcoming agenda. (Photo by Mark Wilson/Getty Images)

Republican leaders in Congress have announced their intention to repeal key parts of Obamacare in early 2017, but delay the implementation of that repeal until 2019 or 2020. Some conservatives are complaining about this delay, arguing that the GOP should replace Obamacare immediately. But GOP leadership is right—and here’s why.

Republicans don’t have a shovel-ready replace plan

The fundamental problem is that in order to fully replace Obamacare, Republicans need to come up with a bipartisan plan that can attract the 60 votes necessary to overcome a Democratic filibuster.

 Given that Republicans don’t even agree among themselves as to how to replace Obamacare, it’s going to take them some time—at least a year or two—to figure out how to do that.

Based on dozens of conversations I’ve had with Democrats on this subject, it seems clear that Republicans’ best and only chance to get 60 votes is to develop a plan that can cover approximately the same number of people as Obamacare—and ideally more.

Think about it the other way around. If Republicans try to pass legislation that covers 10 million fewer people than Obamacare, most Democrats won’t support it. And then when Obamacare’s funding streams expire, Dems will blame Republicans for the resultant turmoil. On the other hand, if Republicans draft legislation that credibly covers a comparable number of people to the ACA, then it’s Democrats who would look stubborn if they refuse to play ball.

Hospital groups: ACA repeal may cost billions, jobs

http://www.healthcaredive.com/news/hospital-groups-aca-repeal-may-cost-billions-jobs/431786/

Click to access impact-repeal-aca-exec-summary.pdf

Click to access impact-repeal-aca-report.pdf

Members of the Republican party have been attempting to repeal the ACA ever since the healthcare law was implemented in 2010. In the proposed ACA repeal-and-replace plans currently available, such a replacement plan may not come for up to three years, Kahn said. In addition, there still doesn’t seem to be a unified front on what that replacement would actually entail.

President-elect Donald Trump has said he would make repealing and replacing the healthcare law a top priority. However, HHS Secretary Sylvia Mathews Burrell has warned that getting rid of the ACA could potentially have dire consequences, including the estimated 22 million people that could be left without health insurance coverage. In addition, current repeal-and-delay plans could widely change the already fragile individual insurance markets.

The hospital groups sent a letter to Trump and members of Congress to urge any repeal bill include a simultaneous mechanism for replacement coverage. “We strongly believe that any repeal legislation must be accompanied by provisions that protect the coverage for those currently receiving such protection,” the letter noted. What would be “absolutely essential” to include would be to restore the Medicare and Medicaid payment cuts so that hospitals can provide the care that communities “both respect and deserve,” according to Tom Nickels, executive vice president of government relations and public policy at the American Hospital Association.

Hospitals were under the impression that they would be getting more insured patients, so they reasoned that the Medicare and Medicaid payment cuts that came with the ACA implementation were not necessarily going to have a major impact, both AHA President and CEO Richard Pollack and Kahn noted on the media call. Yet the payment cuts to hospitals that date back to 1997 with the Balanced Budget Act have caused hospitals to “cut back staff, services, education, research, investments in new technology, and modernization, and upgrading of aging facilities,” the letter stated.

The losses that would come from ACA repeals as they have been proposed “cannot be sustained and would adversely impact patients’ access to care, decimate hospitals’ and health systems’ to provide services, weaken local economies that hospitals sustain and grow and result in massive job losses,” Nickels said on the media call.

One of the Dobson reports explains why the groups support using HR 3762 as a starting point. Even though the bill, which President Obama vetoed after it passed Congress, repeals ACA provisions that expand health insurance coverage and does not offer a replacement plan, it restores all ACA reductions in hospital payments that were supposed to help to finance the additional coverage, the report states.

House Republicans Warn Not to Expect ACA Repeal on Day One

https://morningconsult.com/2016/12/02/house-republicans-warn-not-expect-aca-repeal-day-one/

Murphy said lawmakers don't want to move "in haste." (Rob Kunzig/Morning Consult)

House Speaker Paul Ryan discussed a path to repeal and replace the Affordable Care Act during a closed-door conference meeting with House Republicans on Friday

“The speaker walked members through the process for delivering on our promise of repealing and replacing Obamacare,” AshLee Strong, a spokeswoman for Ryan, said in a statement. “Hetold members this is one of the President-elect’s top priorities for Congress and one of the first things we will do in the House.”

Rep. Tom Cole (R-Okla.), who sits on the House Budget Committee, said the Senate will likely act on a budget resolution early next year, before sending it to the House, where committees will begin work on what will become a reconciliation package. In the House, the Ways and Means and Energy and Commerce committees are expected to play major roles in the repeal and replacement of the 2010 health care law.

While a formal timeline hasn’t been laid out, Cole guessed a bill repealing the law may be passed in February.

“It takes a little while to actually both work out exactly what you can do on reconciliation because there’s a lot of individual decisions the Senate parliamentarian makes, and then you’re going to be moving the replacement piece as well, and that takes real committee work,” he told reporters Friday.

While lawmakers plan to use reconciliation, a budget tool that allows the Senate to pass certain provisions with a simple majority of 51 votes to repeal the law, they likely won’t be able to pass a replacement through that process. Reconciliation itself will repeal the bulk of the ACA, but not the bill in whole.

Republicans have also raised concerns about trying to move too quickly on Obamacare, with some wary of setting a policy that could fail.

“This whole process will be done thoughtfully as we move forward with this,” Rep. Tim Murphy (R-Pa.), who hopes to chair the Energy and Commerce Health Subcommittee during the next Congress, told reporters Friday. “We do not want to move in haste, as was done before, and make a lot of errors.”

Repeal and replace Obamacare: what could it mean?

https://www.brookings.edu/research/repeal-and-replace-obamacare-what-could-it-mean/?utm_campaign=Economic+Studies&utm_source=hs_email&utm_medium=email&utm_content=38788605

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Donald Trump’s pledge to “repeal and replace Obamacare” was one of his biggest crowd pleasers. It’s been noted, of course, that “repeal and replacing” is easier said than done, and indeed the President-elect has already begun to fudge. But moving forward on his broad replacement themes—expanding health savings accounts (HSAs) and state flexibility—could lead to some surprising and intriguing reforms.

Some have argued that Trump could and should strike a devastating blow to the Affordable Care Act (ACA) on his first day in office. For instance, he could decide not to appeal the lower court ruling in House v Burwell. A federal district court has ruled that that money cannot be spent on cost-sharing subsidies because Congress has not appropriated the money. So dropping the appeal would mean the end of these payments. In similar vein, he might demand repayment from insurers of billions of dollars of transitional reinsurance payments, citing a recent General Accountability Office letter declaring that the Administration lacks the legal authority to reassign to health plans some funds intended by statute for the US Treasury’s general fund.

Such first-day actions would destabilize the exchange plans, causing more insurers to withdraw and shredding the subsidy system. Even allowing a 1- or 2-year phase-out would gravely disrupt the exchange system. Yet the high cost of premiums and deductibles was the chief complaint about Obamacare among Trump supporters. In addition, the Trump surge was strongest in counties characterized by poor health. These voters would be outraged by even higher out-of-pocket costs and fewer plans.

To avoid a backlash, repeal and replace must be a measured and slower process. That’s true even if much, or all, of the restructuring could be accomplished through budget reconciliation, a budget process maneuver that would avoid a filibuster by Senate Democrats. Moreover, a replacement does not need to be nationally uniform. Republicans, long dismissive of “one-size-fits-all” solutions from Washington, should recognize that what will work in Texas and Utah may not be right for California and Massachusetts.

So, in broad terms, how might the stated themes of repeal and replace evolve?

Consultant: Trump’s choice for HSS, CMS leadership spells trouble for hospitals

http://www.healthcarefinancenews.com/news/consultant-trumps-choice-hss-cms-leadership-spells-trouble-hospitals?mkt_tok=eyJpIjoiWm1Fd1pEWXdPV1V3TlRRNSIsInQiOiJqRitmbGZXbGdhVndGYytNYkdtSFkzMVlrM2tYanVNbXVJM1wvT3M3cHBmTnZHNDRkTG56MVwvZVQwQm5taExhRHlYaEtGYXFJWXd6WTBvbGdDRlJscFAwRThWMnFyejM2SUhFVmU5d0hxRGhJPSJ9

Most major healthcare organizations lavished praise on Price in statements released Tuesday, but Keckley paints a much less rosy picture.

“The big losers from November 8 on, with repeal a virtual certainty, are hospitals,” Keckley said. “They end up getting the raw end of the deal on doing away with the exchanges. They end up with uncertainly about ACO and bundles they’ve been developing.”

Keckley said healthcare systems are being cautious and are taking a second look at their value-based programs.

“The CFOs are saying to CEO, it’s time to be rethinking our capital commitments, interest rates are going to go up, the cost of borrowing is going up, margins are going down,” he said. “This is not a forward view where the knowns are clear. The only thing they can count on right now is, margins are going to shrink, cost of capital is going to go up.”

When Having Insurance Still Leaves You Dangerously Uncovered

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One of the few things that Donald J. Trump and Hillary Clinton seemed to agree on was that high out-of-pocket spending on health care was a problem. One of Mrs. Clinton’s most popular health care proposals during her campaign was to reduce out-of-pocket spending to more “manageable” levels for many Americans. President-elect Trump said he could fix this problem by repealing Obamacare and replacing it with something better.

As I’ve written before, while more Americans are insured, many are still underinsured — meaning that they are exposed to significant financial risk from out-of-pocket payments. Reducing out-of-pocket spending, however, will require some trade-offs. No easy solution exists, but there are examples out there worthy of consideration.

Before we can discuss any plan’s specifics, let’s look at exactly how the health care system extracts money from you. Plans differ in the amount of actuarial value they have. That’s the percentage of the cost of care that insurance will cover. If a plan has 60 percent actuarial value, then it covers 60 percent of your potential health care spending, and you cover 40 percent. Plans with higher actuarial value cost more. In the Affordable Care Act insurance exchanges, bronze plans have a 60 percent actuarial value. Silver plans have 70 percent, and gold plans 80 percent.

You pay up front for health insurance with a premium that is often charged monthly. But that’s not all the spending you’ll do. Almost all plans come with deductibles. This is an amount of money that you are responsible for paying for health care before insurance coverage kicks in. The reason plans have deductibles is that research shows you’re less likely to spend your money than the insurance company’s money. Plans with lower deductibles usually have higher premiums.

Even after you spend the deductible, you’re not done, though. Most plans come with co-pays. These are set fees that you have to pay each time you use the health care system. They may be $20 for a doctor’s visit, or $100 for an emergency room visit. Some plans use co-insurance instead. That’s when you pay for a percentage of your care instead of a set fee for each service.

The lower the actuarial value, the more you’re going to pay out of pocket in deductibles, co-pays or co-insurance. But plans on the Obamacare exchanges are all subject to an out-of-pocket maximum. In 2016, for a family, it was $13,700, and for an individual it was $6,850. Even the bronzest of bronze plans can’t ask you to pay any more, but they are more likely to let you hit the maximum.

That’s a lot of money. This is true even in the employer-based insurance market. In 2016, almost 30 percent of workers were enrolled in a high-deductible health care plan. More than half of employees with individual plans had deductibles of at least $1,000. Two-thirds of covered workers had co-pays, and 25 percent had co-insurance for primary care. Almost 20 percent of workers were in plans with an out-of-pocket maximum of $6,000 or more.

Mr. Trump offered no specific plans for reducing out-of-pocket spending. But that’s not surprising. It wasn’t that long ago that one of the most favored means by which conservatives proposed to bring down health care spending was to have consumers put more “skin in the game.” Many of them believed that if consumers were more exposed to health care spending, if they had to pay more out of pocket for care, then they would be more responsible consumers because of it.

In fact, calls have already begun for Mr. Trump to expose people to even more out-of-pocket spending. Right now, the Affordable Care Act has provisions that help reduce cost-sharing below the out-of-pocket maximum for those making less than 250 percent of the poverty line who purchase a silver-level plan. Those payments are made directly to health plans that cover those people.

It may be possible for the president to cut off those payments immediately, without any congressional involvement. If he were to do that, and it’s unlikely, it would either cripple those insurance companies, or they’d withdraw immediately from the exchanges, terminating coverage and leaving millions without health insurance overnight.

It’s also unlikely that the Trump administration would cover more people’s out-of-pocket payments with federal money. To argue suddenly that people should be shielded from the expense of health care would be a sea change for conservative health insurance design.

Beyond Birth Control, Women Could Pay More For Insurance Again Under TrumpCare

http://khn.org/news/beyond-birth-control-women-could-pay-more-for-insurance-again-under-trumpcare/?utm_campaign=KHN%3A+Daily+Health+Policy+Report&utm_source=hs_email&utm_medium=email&utm_content=38366523&_hsenc=p2ANqtz-_897SZznnGceZv4MmabxjLxrPyW4hbPxfmVCyzeOzoHDwhcLrJcgATPTlOK7a4G_p1jmSl9KDniqJoxePq0lCchIEPkg&_hsmi=38366523

Mayra Del Real, 28, holds her newborn baby. (Heidi de Marco/KHN)

As the prospect began to sink in of losing access to free contraceptives if the health law is repealed or replaced, women have reportedly been racing to get IUDs or stockpile birth control  pills before President Barack Obama leaves office. But birth control is just the tip of the iceberg, advocates say. There are a number of other women’s health benefits that are also at risk.

At or near the top of the list is guaranteed coverage of maternity services on the individual insurance market. Before the health law, it was unusual for plans in the individual market to pay for maternity services. But the Affordable Care Act required that care be included as one of the 10 essential health benefits that all individual plans must cover. In 2009, the year before the health law passed, just 13 percent of individual plans that were available to a 30-year-old woman in all the state capitals offered maternity benefits, according to an analysis by the National Women’s Law Center.

Some plans offered maternity services as an add-on through a special rider that paid a fixed dollar amount, sometimes just a few thousand dollars, the study found. But even with a rider, a woman’s financial exposure could be significant: The average total payment for a vaginal birth was $18,329 in 2010, according to a study by Truven Health Analytics.

Women were also generally charged higher rates for health insurance on the individual market before the law. According to the National Women’s Law Center’s analysis, 60 percent of best-selling individual plans in 2009 charged a 40-year-old non-smoking woman more than a 40-year-old man who smoked, even in plans that didn’t include any type of maternity coverage. That inequity disappeared under the health law, which prohibited insurers from charging women higher rates than men for the same services.

“Our concern is going back to a world where insurance companies are writing their own rules again, and returning women to those bad old days in health care and losing all the progress we’ve made,” said Gretchen Borchelt, vice president for reproductive rights and health at the law center.

Several other women’s preventive health services could be on the line if the health law is repealed or changed. Some may be easier to get rid of than others, say women’s health policy experts.

Tom Price, Obamacare Critic, Is Trump’s Choice for Health Secretary

f President-elect Donald J. Trump wanted a cabinet secretary who could help him dismantle and replace President Obama’s health care law, he could not have found anyone more prepared than Representative Tom Price, who has been studying how to accomplish that goal for more than six years.

Mr. Price, an orthopedic surgeon who represents many of the northern suburbs of Atlanta, speaks with the self-assurance of a doctor about to perform another joint-replacement procedure. He knows the task and will proceed with brisk efficiency.

Mr. Trump has picked Mr. Price, a six-term Republican congressman, to be secretary of health and human services, Mr. Trump’s transition team announced Tuesday morning.