Capitol Hill health bill drama is leaving Obamacare exchanges in limbo

Capitol Hill health bill drama is leaving Obamacare exchanges in limbo

Question mark heap on table concept for confusion,

 

California’s Obamacare exchange scrubbed its annual rate announcement this week, the latest sign of how the ongoing political drama over the Affordable Care Act is roiling insurance markets nationwide.

The exchange, Covered California, might not wrap up negotiations with insurers and announce 2018 premiums for its 1.4 million customers until mid-August — about a month later than usual. Similar scenarios are playing out across the country as state officials and insurers demand clarity on health care rules and funding, with deadlines fast approaching for the start of open enrollment this fall.

“It’s insane,” said John Baackes, CEO of L.A. Care Health Plan, which has about 26,000 customers on the California exchange. “Here we are in the middle of July and we don’t even know what rules we will be operating under for open enrollment. It is not how you want to run a business.”

Consumers could face sharply higher premiums and fewer choices if more health insurers leave the insurance marketplaces due to lingering uncertainty. State and industry officials around the United States are concerned that the federal government could stop funding so-called cost-sharing subsidies that reduce out-of-pocket costs for low-income consumers. And they worry the Trump administration won’t enforce the individual mandate that requires people to purchase health coverage or pay a penalty.

Amid those concerns, there was a sense of relief Tuesday among many exchange officials and insurers after the U.S. Senate’s latest attempt to replace the Affordable Care Act failed.

Two large insurer trade groups bluntly warned last week that parts of the Senate plan were “unworkable” and could plunge the market into chaos. In a letter to the Senate, America’s Health Insurance Plans and the Blue Cross Blue Shield Association particularly objected to an amendment by Sen. Ted Cruz (R-Texas) that would have allowed insurers to sell bare-bones health plans to people who wanted cheaper premiums. That provision, the insurers said, would split the market between the healthy and the sick, driving up costs for people with pre-existing conditions.

However, the Republicans’ failure to pass that ACA replacement plan did not resolve questions swirling around the current health law.

Tuesday, President Donald Trump expressed disappointment at the outcome in the Senate, telling reporters, “We’ll let Obamacare fail and then the Democrats are going to come to us and they’re going to say, ‘How do we fix it?’”

Some Senate Republicans struck a more conciliatory tone, suggesting that lawmakers should work on a bipartisan measure that would help stabilize the individual insurance markets.

Sen. Lamar Alexander (R-Tenn.), chairman of the Senate Committee on Health, Education, Labor and Pensions, said he plans to hold hearings in the coming weeks on ways to shore up the individual insurance market. Lawmakers may look at creating a new stabilization fund that helps compensate insurers for higher-cost patients. Such a fund would be similar to one that existed during the first three years of the ACA exchanges.

Some insurance industry executives welcomed the talk of bipartisanship, but they said action must be taken quickly to resolve key issues affecting consumers.

“We are running out of time and we need a resolution on what we are charging for 2018,” said Gary Cohen, vice president of public affairs at Blue Shield of California in San Francisco, the largest Covered California insurer by enrollment.

Cohen, who helped launch the exchanges in 2014 as an official in the Obama administration, noted that the Republican bills in both the House and Senate included money for reinsurance that can help lower premiums industry wide. Those provisions are among the “immediate steps Congress and the Trump administration need to take in order for markets to provide coverage that is affordable.”

A federal reinsurance program helps compensate insurers for the high costs incurred by the sickest patients. That, in turn, allows health plans to keep their overall premiums lower and attract healthier customers into the insurance pool.

Lawmakers could also appropriate federal funds for the cost-sharing subsidies, which have a price tag of about $7 billion a year. Those payments, made directly to insurers, help reduce deductibles and other out-of-pocket costs for policyholders who earn up to 250 percent of the federal poverty level. This year, that’s up to about $29,000 for an individual or around $61,000 for a family of four. More than half of the people enrolled on exchanges nationwide qualify for this financial assistance.

Without it, many consumers would face annual deductibles of $2,000 or more when visiting the doctor or undergoing medical tests. That would make people far less likely to sign up with participating insurers.

Conservatives generally oppose the subsidies, calling them a bailout of the insurance industry and arguing that the Obama administration didn’t have the authority to pay them. Trump has repeatedly threatened to cut off those cost-sharing subsidies as well.

With their future up in the air, some states, including California and Pennsylvania, allowed insurers to submit two sets of proposed premiums. One filing reflects continued federal funding of those subsidies, and a separate one assumes they are eliminated and their cost is included in health plan premiums.

In Pennsylvania, premiums next year without the subsidies would increase by an average of 20 percent, compared with 9 percent if they remained intact.

Pennsylvania Insurance Commissioner Teresa Miller said the market in her state would be in good shape without the uncertainty over federal policy. “The only thing right now keeping everyone on edge is what’s going to happen in Washington, D.C.,” Miller said. “If things calm down in D.C. and if we don’t see further changes, then Pennsylvania’s market really is stabilizing.”

On Tuesday, Covered California said the two different rate filings its health plans submitted will be released Aug. 1. The exchange may announce that same day what the final premiums are, or it could postpone the decision for several more weeks if Congress has begun to pursue fixes to the ACA.

“This decision is based on the ongoing federal uncertainty around the repeal and replacement attempts of the Affordable Care Act and the dramatic potential impacts such uncertainty has on the rates and on California consumers,” the exchange said in a statement.

recent analysis commissioned by Covered California estimated that premiums for silver-tier plans would jump by 16.6 percent if the federal government stopped paying for the cost-sharing subsidies. That would be in addition to normal increases meant to cover rising medical costs. An exchange spokeswoman declined to comment further Tuesday, citing the ongoing developments in Washington.

In the Florida exchange market, health insurers have sought an average rate increase of nearly 18 percent. But Florida Blue, the state’s largest health insurer, said those rates would go even higher if the cost-sharing reduction payments disappeared.

Robert Laszewski, an industry consultant in Virginia and a frequent ACA critic, said the exchange markets aren’t imploding, despite what the Trump administration has often said. But their premiums will continue to rise unless more young and healthy people are persuaded to buy coverage, he said.

“I think most insurance companies will at least break even, or even make a profit, in 2018,” Laszewski said. “Coverage will be ‘stable,’ but it will stabilize at a horrific premium rate level.”

John McCain diagnosed with brain cancer

John McCain diagnosed with brain cancer

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Sen. John McCain (R-Ariz.) has been diagnosed with brain cancer, the Mayo Clinic Hospital in Phoenix said Wednesday.

The tumor was discovered after the senior Arizona senator underwent a minor procedure last week to remove a blood clot from above his left eye.

“Subsequent tissue pathology revealed that a primary brain tumor known as a glioblastoma was associated with the blood clot,” the hospital said in a statement.

“The Senator and his family are reviewing further treatment options with his Mayo Clinic care team. Treatment options may include a combination of chemotherapy and radiation.”

McCain’s latest diagnosis is not his first battle with cancer. He underwent a procedure in 2000 to remove a type of skin cancer called melanoma from the left side of his face.

McCain, 80, also had a melanoma removed from his left arm in 2000 and another removed from his nose in 2002. Both were determined to be the least dangerous types of melanoma.

McCain’s office said in a statement that the Arizona Republican remained in good spirits Wednesday and is confident that any treatments will be effective.

“He is in good spirits as he continues to recover at home with his family in Arizona,” his office said.

“He is grateful to the doctors and staff at Mayo Clinic for their outstanding care, and is confident that any future treatment will be effective.”

His office said further consultations with his doctors will determine when he will return to the Senate.

Sen. Lindsey Graham (R-S.C.), a close friend of McCain and one of his most ardent allies on Capitol Hill, spoke with the Arizona senator on Wednesday. He said they talked only briefly about McCain’s diagnosis before shifting to a conversation about the Senate’s healthcare reform efforts and the National Defense Authorization, the federal defense spending bill.

“Literally, it went five minutes until we turned away from what I think most people have a hard time absorbing and focused on what he loves the best,” Graham told reporters after speaking with McCain.

The news of McCain’s diagnosis prompted an immediate outpouring of support from fellow lawmakers.

“God knows how this ends, not me,” Graham said. “But what I do know is this disease has never had a more worthy opponent.”

Senate Majority Leader Mitch McConnell (R-Ky.) characterized McCain as a fighter, saying in a statement that “he will face this challenge with the same extraordinary courage that has characterized his life.”

“John McCain is a hero to our Conference and a hero to our country. He has never shied away from a fight and I know he will face this challenge with the same extraordinary courage that has characterized his life,” McConnell said in a statement. “The entire Senate family’s prayers are with John, Cindy and his family, his staff, and the people of Arizona he represents so well.”

Sen. John Cornyn (Texas), the No. 2 Senate Republican, echoed McConnell’s characterization of McCain, and said the diagnosis was “just the latest challenge” for Arizona Republican.

McCain’s eldest daughter Meghan, a Fox News host, said in a statement that her father appeared to be the calmest family member upon receiving the diagnosis.

“It won’t surprise you to learn that in all of this, the one of us who is the most confident and calm is my father,” she said. “He is the toughest person I know.”

President Trump issued a statement shortly after news of McCain’s diagnosis broke, calling him a fighter and sending his family well wishes from the White House.

“Senator John McCain has always been a fighter,” Trump said. “[First lady] Melania and I send our thoughts and prayers to Senator McCain, Cindy, and their entire family. Get well soon.”

Former President Barack Obama, whom McCain ran against in the 2008 presidential election, called his former opponent “one of the bravest fighters” he has ever known, saying that “cancer doesn’t know what it’s up against.”

McCain was first elected to the House in 1982, and won a bid for the Senate just four years later.

Before entering Congress, McCain served in the U.S. Navy as a pilot. While fighting in the Vietnam War, he spent five-and-a-half years as a prisoner of war in North Vietnam.

GOP reverses course on healthcare

http://thehill.com/policy/healthcare/342850-trump-tries-to-save-health-repeal?utm_source=&utm_medium=email&utm_campaign=9827

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Senate Republican leaders are desperately searching for the 50 votes they need to open a debate on ObamaCare repeal-and-replace legislation after a Wednesday scolding at the White House from President Trump.

Leaders have reopened negotiations on their previous bill, reversing course from their plans to move to a vote on a straight repeal of ObamaCare.

But it’s not clear if they will have any more luck this time in corralling enough centrist and conservative Republicans to move the bill forward.

Senate Majority Leader Mitch McConnell (R-Ky.) needs to win 50 votes to proceed and has faced opposition from conservatives, who believe the previous bill kept too much of ObamaCare, and centrists, who think it would leave too many people without affordable insurance.

GOP leaders haven’t closed the door on bringing a straight repeal of ObamaCare, with a two-year delay, to the floor.

But Trump, who has given mixed messages on whether he wants to just repeal or simultaneously repeal and replace ObamaCare, on Wednesday told Republican senators at a White House lunch that repealing ObamaCare without a replacement was not an option.

“We can repeal it, but we should repeal it and replace, and we shouldn’t leave town until this is complete, until this bill is on my desk,” Trump said.

McConnell appears to believe that if he can get the Senate to agree to open debate on an ObamaCare measure, he’ll have an opportunity to clear legislation by grinding away at his members. As the pressure intensifies, he clearly hopes that opposition will fall away.

But he first must get past the motion to proceed.

“Next week, we’ll be voting on the motion to proceed, and I have every expectation that we’ll be able to get on the bill,” McConnell told reporters Wednesday at the White House.

McConnell has failed three times so far to win the support that he needs.

A mix of conservative and centrist senators said they would oppose a procedural motion to begin work on an initial repeal-and-replace bill.

That led to a new round of negotiations and a second repeal-and-replace measure largely similar to the first bill.

On Monday, it became clear that the new bill also lacked the support to advance in the Senate.

McConnell then signaled he’d abandon repeal-and-replace, saying the Senate would seek to advance legislation repealing ObamaCare — with no guarantee on any replacement.

Centrists then came out against that plan, too.

After the Trump meeting, GOP leaders changed course and signaled a third effort to win support for a repeal-and-replace bill.

Senate Majority Whip John Cornyn (R-Texas) told reporters after the lunch that while the repeal-only bill might come to the floor, he preferred to negotiate a version of the repeal-and-replace bill, known as the Better Care Reconciliation Act (BCRA).

“If we can get an agreement here, my preference would be to start with the BCRA, agree to language — and I think we’re getting closer,” he said.

Senators were expected to meet Wednesday evening in Sen. John Barrasso’s (R-Wyo.) office with Vice President Pence, Health and Human Services Secretary Tom Price and Seema Verma, administrator for the Centers for Medicare and Medicaid Services, to discuss the bill. At press time it was not clear which senators would attend the meeting.

“There are going to be some meetings tonight up here with people who still have outstanding issues, and I think the question will be, yeah, can we find a way to get to yes?” said Sen. John Thune (S.D.), the Senate’s No. 3 Republican.

Leaders face the same problem that has bedeviled them since the beginning. If the bill is moved to the right, moderate senators are lost. If the bill moves to the center, conservative senators defect.

The bill’s treatment of Medicaid is a major sticking point for moderates.

The latest attempt to win over members is being called a “Medicaid wraparound.”

This would allow states to take money allocated to them through Medicaid and use the money to cover healthcare expenses for people who no longer qualify for Medicaid because the program’s expansion ended.

The idea is to make up for the reduction of federal funding for ObamaCare’s Medicaid expansion, which would be curtailed by the Senate bill. Under the previous bill, states are given federal tax credits to help people who would no longer quality for Medicaid, but senators have expressed fears that this will not be a big enough pool — particularly considering the nation’s opioid epidemic.

But the plan would actually involve taking more money away from Medicaid, which would already see its federal funding reduced under the Senate bill.

Verma discussed the proposal at the White House lunch.

“She explained very briefly, very, very briefly some of the parameters of what they’re calling this wraparound for Medicaid,” said Sen. Lisa Murkowksi (R-Alaska), one of the moderates who has threatened to vote against a motion to proceed to the bill.

Despite all the problems they’ve had with their ObamaCare effort, a number of Senate Republicans said they believe they are close to getting enough votes on a repeal-and-replace bill.

McConnell’s move to bring a repeal-only bill to the floor “brought it to a head, and he offered one way forward,” Sen. Mike Rounds (R-S.D.) told The Hill after the lunch at the White House. “A lot of us went back in and talked with leadership and said, ‘Look, we’re close enough on this, we put a lot of work into this, we don’t want to go that route.’ ”

They are also facing increasing pressure from groups warning of political repercussions if they fail.

The conservative group FreedomWorks said they will hand out “traitor” awards to Republicans who oppose a healthcare procedural vote next week.

And the conservative Club for Growth said it will track the motion to proceed leading to a vote on a repeal-only bill as a “key vote,” warning that voting against it would be “tantamount to supporting ObamaCare.”

CBO: ObamaCare repeal without replace would cost 32 million insurance

CBO: ObamaCare repeal without replace would cost 32 million insurance

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Repealing ObamaCare without a replacement would result in 32 million people losing their insurance in the next 10 years, according to the Congressional Budget Office.
The bill, much of which would take effect in 2020, would also massively increase insurance premiums. According to the CBO, average premiums would increase by about 25 percent in 2018 alone. The increase would reach about 50 percent in 2020, and premiums would increase nearly 100 percent by 2026, CBO said.
Senate Republicans said this week they would consider voting on repeal only, after it appeared their replacement legislation had failed. However, negotiations attempting to revive repeal and replace continue and senators are scheduled to huddle Wednesday night to discuss if there’s a path forward.
The unfavorable score of the repeal-only bill could help jumpstart discussions about returning to the repeal-and-replace legislation.

A previous CBO score of the Senate’s repeal-and-replace bill estimated that 22 million people would lose insurance over the next decade.

The CBO hasn’t released a score on the most recent revision, which includes a controversial amendment from Sen. Ted Cruz (R-Texas).

The Senate will vote next week on a motion to proceed, though it’s not clear which bill Majority Leader Mitch McConnell (R-Ky.) wants to move to — a straight repeal or the repeal-and-replace legislation that seemed dead just days ago.

Both the House and Senate passed the “repeal-only” bill in 2015 that was vetoed by President Obama. Among other provisions, the “repeal only” bill would eliminate: ObamaCare’s individual and employer mandates, the Medicaid expansion, and subsidies for low-income individuals.

It would retain the requirements that protect people with pre-existing conditions from discrimination and would continue to require insurers to offer specific benefits.

According to the CBO “eliminating the penalty associated with the individual mandate and the subsidies for insurance while retaining the market regulations would destabilize the nongroup market, and the effect would worsen over time.”

Republicans have argued that they need to repeal and replace ObamaCare to “rescue” the growing number of people who live in counties with no insurers on the healthcare exchanges. But according to the CBO, repeal-only would make the problem worse.

The repeal-only bill would cause insurers to begin dropping out of the marketplace as soon as next year, the CBO said. It would also leave about half of the nation’s population without any ObamaCare insurers by 2020, a figure that would increase to about three-quarters of the population by 2026.

There’s No ‘Free Market’ Solution to Health Care

http://otherwords.org/theres-no-free-market-solution-to-health-care/

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A fully privatized system can never adequately provision the nation.

The Republicans have big plans for health care in this country: to eliminate coverage for millions of Americans while delivering a big tax cut to the rich.

As someone who stands to benefit from that tax cut, let me just say: I don’t need it, and I don’t want it. No tax cut is worth excluding millions of Americans from the health services they need.

Any new health care legislation should be focused on providing the best available health services for all Americans, not deliberately putting them out of reach. And yet, this is exactly what the twin monstrosities that came out of the House and Senate would have done.

According to the Congressional Budget Office, the House bill would’ve left 23 million Americans uncovered by 2026. The Senate version was only a shade better, leaving 22 million people out. Those bills were nonstarters with the public — the party was forced to pull them, along with any immediate plans to repeal the Affordable Care Act (aka Obamacare).

This Republican-majority Congress has shown their cards: They favor less coverage for workers and the elderly and lower taxes for the wealthy.

Republicans in both chambers claim they’re doing this to support “freedom” and “choice” for the American people. They say the “free market” is the only way to provide Americans with access to affordable health care. They claim deregulation will help drive down health costs.

Well, for starters, so-called “free markets” are unicorns — fanciful creatures with magical powers that don’t exist in the real world. All markets are designed; they don’t emerge spontaneously from nature. We form, structure, regulate, and enforce markets through policy and institutions which reflect private and public interests.

When it comes to health care, we’re talking about something closer to a “natural monopoly” like electricity, not an industry like autos or breakfast cereals. Everyone needs basic medical services on a regular basis, and we need to make sure the same quality is available to everyone — even in hard to reach or low-income areas.

This will always require some form of direct government funding of services, especially with respect to primary care. Failing to do so means we’re not serious about the goal of quality care for all Americans.

This doesn’t necessarily mean an entirely government-run system — there’s plenty of room for private medical practices and businesses to provide the spectrum of services we need. But it does mean some degree of public funding is essential.

A fully privatized system can never adequately provision the nation. Rural communities don’t have adequate medical facilities and staff. Underdeveloped urban communities suffer from the same lack of basic resources, and their residents often don’t have the ability or time to travel to other locations.

Republican leaders claim they want affordable access to quality health care for all Americans, but all of their proposals have focused on lowering taxes on businesses and the rich, regardless of the very real cost in terms of human life.

It’s a false choice, and the effects will be cruel.

A healthy nation is a prosperous nation. This is primarily a challenge of real resources and the distribution of those resources, not of money. Congress can and should authorize any necessary funding to achieve the stated public goal simply by appropriating the funds.

This includes designing a system that will ensure there are enough facilities, doctors, nurses, specialists, transportation systems, and all the other elements of quality care in close proximity to all who need it — at any level of need and ability to pay.

Members of the House and Senate were put there by the voters and have an obligation to fight for and protect all of their constituents, not just the ones wealthy enough to bankroll their campaigns.

The BCRA is dead, but don’t take your eye off Capitol Hill

http://www.healthcaredive.com/news/the-bcra-is-dead-but-dont-take-your-eye-off-capitol-hill/447356/

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The healthcare industry may have dodged a bullet, but this week’s legislative stumbles for the GOP don’t mean healthcare is off the table for Congress. Here’s what to watch.

Healthcare weighs in on BCRA failure: 6 reactions

http://www.beckershospitalreview.com/hospital-management-administration/healthcare-weighs-in-on-bcra-failure-6-reactions.html

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The Senate GOP’s revised Better Care Reconciliation Act stalled indefinitely Monday evening after two more Republican senators defected from the bill. With the bill dead, Senate Majority Leader Mitch McConnell, R-Ky., has proposed a full ACA repeal strategy that involves repealing the ACA and initiating a two-year delay.

Here are six reactions from healthcare industry leaders, provided via emailed statements.

American Medical Association President David Barbe, MD, stressed that the debate over healthcare reform is ongoing, and said a collaborative process must commence among lawmakers “that produces a bipartisan approach to improve healthcare in our country.”

“The status quo is unacceptable. Near-term action is needed to stabilize the individual/nongroup health insurance marketplace. In the long term, stakeholders and policymakers need to address the unsustainable trends in health care costs while achieving meaningful, affordable coverage for all Americans. The American Medical Association is ready to work on short- and long-term solutions.”

American Hospital Association President and CEO Rick Pollack called for “protect[ing] care for patients.”

“This [consistent call from the organization] is grounded in the belief that coverage must be preserved for all who currently have it. Repeal without any effort to replace would leave millions of patients at risk during their most vulnerable times. We have urged Congress to consider advancing solutions aimed at making our healthcare system stronger, protecting access and coverage, and exploring new delivery system reforms that have the potential to make care both more affordable and safer. Our hope is that the Senate will use this opportunity to regroup and work in a bipartisan manner to make the much-needed repairs and refinements, creating a healthcare system that can stand the test of time. We ask Congress to extend the Children’s Health Insurance Program and vital rural health programs and stabilize the health insurance marketplaces by funding the cost-sharing reduction payments.”

American Association of Medical Colleges President and CEO Darrell Kirch, MD, said his organization has maintained that an ACA repeal “must be accompanied by a simultaneous replacement that provides at least comparable healthcare coverage.”

“Patients — particularly those with complex conditions — require stability and continuity in their care. Without access to affordable meaningful coverage, many would forego or delay necessary medical care. This puts millions of Americans, including the most vulnerable patients, at risk. Any healthcare reform legislation must put patients first by maintaining or improving current levels of coverage.”

America‘s Essential Hospitals President and CEO Bruce Siegel, MD, said his organization welcomes the BCRA failure.

“We hope lawmakers seize on this opportunity to bring all stakeholders to the table and develop a plan to protect coverage for everyone — especially those in greatest need. The newly surfaced plan to repeal the ACA’s core provisions with a two-year delay is not the way to protect coverage and almost certainly would jeopardize care for people who face financial hardships.”

He added, “The repeal-and-delay strategy would leave millions of lives in limbo and create uncertainty that would destabilize insurance markets and paralyze hospitals and other providers. Needed improvements and expansion of services would stall without a clear path forward, threatening access in communities across the country. Insurers might abandon the ACA marketplace, further degrading access.”

Physicians for Reproductive Health Board Chair Willie Parker, MD, hopes congressional leaders realize ” it is time to cease efforts to destroy what is a literal lifeline for millions of Americans.”

“It’s time to stop inventing ways to deny people the right to affordable, comprehensive health care. It’s time to stop targeting women’s healthcare via making it more expensive and finding new ways to restrict care. It’s time to start treating abortion care as what is it is: a part of comprehensive healthcare that should be covered by all forms of insurance, including public insurance. It’s time to listen to evidence: birth control without extra copays has helped patients be healthier and thrive, access to preventive care saves lives, and comprehensive sex education and resources work. It’s time for healthcare equity for all. It’s time to stop attacking Medicaid, one of the most successful health care programs in our country’s history. It’s time to close the gap between Americans who have healthcare and those who don’t. In short, repeal of the ACA is an idea whose time will never come.”

Catholic Health Association of the United States President and CEO Sister Carol Keehan penned a letter to senators.

“On behalf of the Catholic Health Association of the United States, the national leadership organization of more than 2,000 Catholic healthcare systems, hospitals, long-term care facilities, sponsors, and related organizations, I strongly urge you to start anew in an open dialogue and bipartisan effort to improve healthcare coverage in our country. We believe that this moment calls for statesmanship on the part of both political parties to work together to make the improvements in our healthcare system that will stabilize the individual insurance market, improve affordability, and strengthen and expand the coverage gains already achieved.”

Republicans Now Have 3 Options for Dealing With Health Care

https://www.thefiscaltimes.com/2017/07/18/GOP-Health-Care-Failures-Leave-3-Paths-Open-None-Them-Very-Appealing

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Badly wounded and humiliated by the latest turn of events, President Trump and Senate Majority Leader Mitch McConnell (R-KY) are blaming Democrats and a few disloyal Republicans who helped block action on the Senate GOP’s star-crossed plan to repeal and replace the Affordable Care Act.

In the aftermath of the devastating announcement late Monday by two conservative Republicans, Sens. Mike Lee of Utah and Jerry Moran of Kansas, that they were joining with Sens. Rand Paul of Kentucky and Susan Collins of Maine in opposing the bill, Trump and McConnell apparently are choosing retribution over statesmanship.

Related: The GOP Senate Health Bill Just Died as Two More Senators Say No

Unable to muster at least 50 of the 52 Senate Republicans to support the legislation – the bare majority they would need under budget reconciliation to pass the bill without a single Democratic vote and Vice President Pence casting the tie-breaking vote –the president and majority leader are vowing to press for action in the coming days to outright repeal the ACA while giving Congress two years in which to concoct a replacement plan.

But already there are indications that this Hail Mary pass approach will fail as well, with moderate Republicans pushing back.

Congressional Republicans and the Trump administration have argued for months that Obamacare, with its soaring premiums and diminished insurance choices, is in a death spiral and that Congress must save Americans from the ill effects of the 2010 legislation. But for all the problems of a program that has provided coverage to more than 20 million people, including expansion of Medicaid, the Congressional Budget Office (CBO) and other individual analysts say that the Obamacare markets have remained relatively stable, while polls show that voters much prefer to hang onto Obamacare than take their chances with the Republican approach.

McConnell, whose reputation as a shrewd deal maker has taken a beating in recent days, insisted Monday night and again today in a floor speech that the Republican-controlled Senate and House already approved a “repeal and delay” bill in early 2015 that President Obama vetoed, and that the two chambers could replicate that vote in the coming days.

Related: Why Trump Can’t Sell Health Care Reform – and the Price He’ll Pay for It

“Our Democratic friends have spoken a lot recently about wanting bipartisan solutions,” McConnell said. “This legislation will provide the opportunity for senators of all parties to engage with a fresh start and a new beginning for the American people.”

The president told reporters at the White House today that he wants to “let Obamacare fail” and then have the Democrats and GOP leader to “fix it.” He blamed the Democrats for putting the Republicans in an impossible position to pass comprehensive legislation and insisted that voters would ultimately hold the Democrats responsible. “I’m not going to own it,” he declared.

But in passing the repeal and delay legislation two years ago, the Republicans weren’t shooting with live ammunition: The bill was largely campaign messaging by the GOP, and everyone knew that Obama would prevent it from taking effect. Republicans blithely ignored the warning of the Congressional Budget Office (CBO) that the bill, if enacted, would result in havoc in the individual insurance market, skyrocketing premiums and out of pocket costs, and the loss of coverage for 32 million Americans by 2026.

Related: There’s a Nasty Surprise Hidden in the Fine Print of the GOP Health Care Bill

Trump’s and McConnell’s assertion that Democrats would have little choice but to join forces with the Republicans and negotiate a bipartisan compromise on replacement legislation if Obamacare were given a death sentence effective two years from now is fanciful at best. Senate Minority Leader Chuck Schumer (D-NY) says the Democrats are open for talks now on a wide range of measures to strengthen the existing law and bring down costs, but only if the Republicans abandon their insistence on repealing Obamacare.

“Make no mistake about it, passing repeal without a replacement would be a disaster,” Schumer said in a floor speech today. “Our health care system would implode, millions would lose coverage, coverage for millions more would be diminished, our health care system would be in such a deep hole that repair would be nearly impossible.”

While Republican prospects of making good on a seven-year promise to dismantle the Affordable Care Act appear next to zero at this point, the political situation remains fluid, with the outcome still very much in doubt. Here are three possible scenarios in the coming days and weeks: 

Repeal and delay: Like just about everything else connected with the Senate health care deliberations, the decision to go for repeal without replacing Obamacare was made in haste by McConnell and Trump after Lee and Moran jointly announced their opposition to the Better Healthcare Reconciliation Act.

Related: GOP Health Plan Hits Another Wall and McConnell Once Again Postpones a Vote

McConnell, 75, has few peers as a legislative strategist, and he is inclined to make split second decisions, as he did in declaring that the Senate wouldn’t consider a replacement for the late Supreme Court justice Antonin Scalia until after the 2016 presidential election, in hopes that a Republican president would make the choice.

Rather than allowing for a day or two of contemplation and consultation on how to proceed, McConnell announced that he intended to hold a vote in the coming days to take up the House-passed version of the Republican health care plan. He would seek passage of an amendment that would strip out many of the new GOP policies but eliminate major portions of Obamacare, including Medicaid expansion, insurance subsidies and fines for individuals and employers who failed to adhere to the law’s mandates.

But McConnell is likely to have as much trouble pushing through this backup approach as winning majority support for the health care reform legislation he almost single-handedly drafted.

Collins, a leading moderate in the party, denounced the approach and promised to vote against it this week or next when it is brought up. “I think [passage] would create great anxiety for individuals who rely on the ACA, I believe it would cause insurance markets to go into turmoil, and I don’t think it is the right way to proceed,” Collins told reporters today.

Related: Last Chance for the Senate GOP Health Plan: Let the Arm Twisting Begin

What’s more, moderate Sens. Shelley Moore Capito of West Virginia and Lisa Murkowski of Alaska told reporters that they too would oppose a repeal and delay approach, bringing to three the number of Republicans opposed to McConnell’s tactics and enough to stop them in their tracks. 

A bipartisan deal: Feelings about health care reform are running high on both sides of the aisle, and Republican disdain of Democrats for refusing to assist in rewriting the law is matched by Democrats’ contempt for McConnell in totally shutting them out of the backroom deliberations. For those who still believe that Obama and the Democrats passed the ACA without trying to make the bill a bipartisan effort, read this piece in The Atlantic, which shows how McConnell urged Senate to stonewall any cooperation with the Obama administration.

McConnell said recently that if the Republicans couldn’t agree among themselves on legislation to supplant the ACA, they would have no choice but to seek a limited bipartisan deal with the Democrats to buttress the nation’s insurance marketplaces. Schumer has repeatedly said that he was open to talks with the Republicans over the future of Obamacare, provided they abandoned their demand for outright repeal of the law and massive cuts in Medicaid for 70 million poor and disabled people,

“We’re ready to sit down right now” and negotiate “if Republicans abandon cuts to Medicaid, abandon huge tax breaks for the wealthy and agree to go through the regular order, through the committees, with hearings, onto the floor, with time for amendments,” Schumer said in a floor speech. “That’s how we perfect legislation here. That’s how it’s been done for nearly 200 years…. Almost inevitably when you try to draft something behind closed doors and not vet it with the public, it becomes a failure – in this case, a disaster.”

Related: The Lesson of the GOP Health Care Collapse: Make America Simpler Again

Should the two sides eventually get to the bargaining table, the Democrats are likely to press for a handful of other requirements, including the guarantee of a continuous flow of federal cost-sharing subsidies to enable insurers to lower premium costs for low-income consumers, a resumption of reinsurance or “rate corridor” measures that protect the insurance industry from unexpected massive losses, and some steps to rein in the cost of prescription drugs.

Robert Laszewski, a health care consultant, wrote to his clients today, “The fact is that there is no common ground that could garner more than a handful of Republicans willing to save Obamacare. Such an effort would almost certainly now take 60 votes and would require the cooperation of the Republican leadership in both houses willing to let some of their caucus give the Democrats an enormous victory.”

Status Quo and stumbling along: A third possibility is that dysfunction in Congress and a lack of leadership from President Trump could result in a prolonged state of the current status quo. That would present its own problems because the ACA needs serious repair in order to bring premiums and deductibles down to more manageable levels.

Related: Everything You Need to Know About Your Health Savings Account (HAS)

The cutoff of some subsidy payments to insurers and the Trump administration’s purposefully vague statements about whether it intends to keep paying others has created the sort of uncertainty that either pushes insurers out of markets they would otherwise serve or forces them to raise premiums to compensate for additional risk.

A continuation of the status quo could help Republicans sell their narrative of a failed Obamacare if it drives more insurers away, but it’s unclear that it would bring lawmakers closer to a viable alternative to the ACA.

 

Fixing Our Most Pressing Health Insurance Problems: A Bipartisan Path Forward

http://www.commonwealthfund.org/publications/blog/2017/jul/fixing-health-insurance-problems-bipartisan-approach?omnicid=EALERT1244206&mid=henrykotula@yahoo.com

With Senate Republicans mired in seemingly intractable disagreements about how to proceed with health reform—which may very well not be resolved by the latest Senate draft bill, Majority Leader Mitch McConnell suggested on July 6 that a bipartisan short-term fix may be needed for the problems of the individual health insurance market. In fact, opinion polling reveals wide public support for bipartisan health reform. And bipartisanship in health policy is not a fantasy—both the 2015 Medicare Access and CHIP Reauthorization Act (MACRA) and the 2016 21st Century Cures Act passed with wide bipartisan majorities.

How could a bipartisan solution happen? First, it must focus on the individual market, where we face an immediate crisis. Long-term changes to the employer-sponsored coverage market and the Medicare and Medicaid programs, which together cover the vast majority of Americans, can be debated, but nothing needs to change right now. Moreover, sharp ideological divisions between Republicans and Democrats (and within both parties) as to the path forward with respect to public programs and the employer market make short-term consensus unlikely.

Second, we need solutions that can be implemented immediately through existing programs. We do not have time to extensively rewrite federal regulations or implement state-based systems for providing premium and cost-sharing assistance to address pressing problems facing us now.

And third, we may need to accept short-term increases in federal spending to get us through the immediate difficulties, as we have when our country has faced other crises. In the long term, we must cut health care spending growth generally. But in the short term, simply shifting the burdens to individuals who will lose insurance coverage or face much higher deductibles and premiums is not acceptable.

The immediate problem that needs to be addressed is that it appears that individual market coverage will not be available in 40 counties in Nevada, Ohio, and Indiana for 2018. An additional 1,300 counties, representing about one-quarter of marketplace enrollees, may have only one insurer next year. The number of “bare” or single-insurer counties changes from week to week, and these numbers may improve, but it is also possible that more counties will lose insurers by 2018. Moreover, some individual market insurers are requesting double-digit premium increases for 2018 for the second year in a row.

The cause of this crisis is no secret. Insurers and insurance regulators have repeatedly pointed to the regulatory uncertainty driving insurer withdrawals and premium increases. In particular, confusing signals from the administration as to whether it will reimburse insurers for the cost-sharing reductions they are required to offer low-income consumers under the Affordable Care Act (ACA) and enforce the individual mandate has left insurers very nervous about the individual market’s future. Decreased exchange enrollment and a fear of a less healthy risk pool also have insurers feeling insecure.

What can be done? First, Congress should immediately enact a mandatory appropriation to cover the cost-sharing reduction reimbursements through 2020. Not only the major insurer trade organizations, but also the National Association of Insurance Commissioners, the National Governors Association, and the United States Chamber of Commerce have identified this as an urgent necessity. Because the cost of this initiative is already included in the budget baseline, the appropriation would not even have budget consequences.

Second, Congress should ensure coverage for bare counties. The Federal Employees Health Benefits Program (FEHBP) offers private insurance coverage from multiple insurers in every county in the nation. For 2018 and 2019 only, the largest two FEHBP insurers in any county should be required as a condition of continued participation in the program to offer at least one silver-level plan though the federal exchange in all counties that would otherwise be without coverage. These plans should be eligible for premium tax credits and could otherwise charge actuarially appropriate premiums.

Third, Congress should appropriate the short-term premium stabilization funding included in the Senate’s Better Care Reconciliation Act (BCRA), providing $50 billion in reinsurance funds directly to insurers over the next four years. Reinsurance payments of $15 billion for 2018 and 2019 could significantly reduce individual market premiums for those years, as reinsurance did in the first three years of the ACA.

Fourth, Congress should reinstitute the ACA’s risk corridor program for 2018 and 2019 for any county with fewer than two insurers. The Republican’s 2003 Medicare Modernization Act included a risk corridor program to share risk with insurers that experienced unanticipated losses. It remains in place today. Congress essentially defunded the ACA’s risk corridor program in 2015, causing insurers to experience huge losses and driving some to insolvency. The program should be reinstated and funded for 2018 and 2019. Congress should also suspend the ACA’s health insurer tax for insurers that offer individual market coverage in bare and single-insurer counties.

Fifth, Congress should leave the individual mandate in place until it can devise a credible replacement. The House-passed American Health Care Act would impose a 30 percent premium surcharge on people who failed to maintain continuous coverage or allow states to permit insurers to charge higher premiums to such enrollees with preexisting conditions. The Congressional Budget Office (CBO) determined that these penalties would discourage healthy consumers from enrolling, and that allowing health status underwriting would destabilize the market. The CBO also concluded that the Senate’s solution of a six-month lockout period for consumers who lacked continuous coverage would be ineffective. The ACA’s individual mandate penalty is too small, was phased in too slowly, and has not been adequately enforced, but for the time being it is all we have to encourage healthy people to enroll in coverage. Until someone comes up with a better solution, it should be left in place.

Sixth, Congress should rework the premium tax credit formula for 2018 through 2020 to allow younger enrollees to claim more generous tax credits. The BCRA would do this, but would reduce tax credits for older people, discouraging healthy boomers from enrolling. In the short term at least, insurers need all the healthy enrollees they can get, regardless of age.

Finally, every consumer should be able to fully deduct the payments they make to purchase individual market premiums (i.e., not the costs covered by premium tax credits). Self-employed individuals are already allowed to do this. Senate Republicans are reportedly considering legislation that would allow individuals to pay premiums through tax-subsidized health savings accounts, but why require a consumer to go to the trouble of establishing an account and paying associated fees when they could simply pay premiums tax free?

As Senator McConnell has acknowledged, bipartisan action may be needed to address our most pressing problems in the health insurance market. Practical solutions are available. Congress should adopt them immediately and by consensus, and then debate the longer-term future of our health care system.

 

As Repeal Falters, Insurers Start to Press on Subsidies

http://www.reuters.com/article/us-usa-healthcare-insurers-idUSKBN1A32HT?feedType=RSS&feedName=healthNews

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A failed Republican effort to replace Obamacare raised new concerns on Tuesday for U.S. health insurers over whether the government will continue to fund billions of dollars in medical benefit subsidies.

The healthcare bill under consideration in the U.S. Senate would have settled the funding question, but was scrapped after Republican leaders were unable to rally enough party members to win approval.

Its demise will test the ability of Republicans and Democrats to stabilize an insurance market serving some 10 million Americans in time for 2018.

Republican President Donald Trump has suggested several times that he could eliminate the so-called cost-sharing reduction subsidies, which help pay for consumers’ out-of-pocket healthcare expenses.

The administration could do so as early as August. Insurers have braced for an end to these payments, in many cases raising proposed premium prices for 2018 more than 20 percent to make up for the lost funding.

Insurers said on Tuesday they would like Congress to appropriate the funds for these payments. If that does not happen, and the Trump administration takes further measures to undermine Democratic former President Barack Obama’s healthcare law, more insurers may pull out of markets for next year ahead of a late September deadline.

That could force consumers to change plans or insurers – or leave them with no options at all.

“Our members and all Americans need the certainty and security of knowing coverage will be available and affordable for them,” said Justine Handelman, senior vice president in the Office of Policy and Representation at the Blue Cross Blue Shield Association, which represents insurers nationwide.

“We have consistently urged that there be immediate, certain funding for the cost-sharing reduction program, which helps those most in need with out-of-pocket costs when they access medical care.”

Molina Healthcare Inc (MOH.N), which provides Obamacare health plans to more than 1 million people, said the fate of cost-sharing subsidies is one of its top concerns. The Trump administration could take other steps on its own to undermine Obamacare, including refusing to enforce the individual mandate, which requires Americans to have health insurance or pay a fine.

Trump has repeatedly said Obamacare, formally known as the Affordable Care Act, is collapsing, and on Tuesday suggested letting it “fail” to force Democrats to work on a healthcare fix. Earlier this year, the administration backed off more strictly enforcing the individual mandate and pulled ads that encouraged people to sign up for health insurance.

Uncertainty over the government’s next steps on Obamacare weighed on insurer shares on Tuesday, with Anthem Inc (ANTM.N) down 1.4 percent and Aetna Inc (AET.N) off 1.1 percent. UnitedHealth Group (UNH.N), which pulled out of the Obamacare individual insurance business, rose 0.3 percent after reporting a better-than-expected quarterly profit.

Senate Majority Leader Mitch McConnell said the Senate would vote in the coming days on a full repeal of Obamacare with no replacement, but he did not appear to have the necessary support to push it through.

Some Republicans and Democrats say they should attempt a joint fix, but the deep divisions between the two parties were on display over the subsidies on Tuesday.

Democratic Senator Patty Murray said that bipartisan work can begin by having Congress fund the cost-sharing subsidies.

“We know that’s what needs to be done,” she said in an interview. “It would send a very strong message to the market.”

Several Republican senators were quick to deride the payments.

“Those who will be interested in moving an insurance bailout later this year should be ready to explain how they want to pay for it,” said Republican Senator Orrin Hatch, chairman of the Senate Finance Committee.