exchange

Now That ACA Remains in Place Maybe We Should Keep An Eye On This Recent HHS Letter to Governors.

“……We are seeking to empower states with new opportunities that will strengthen their health insurance markets.”

Thomas E. Price, M.D., The Secretary of Health and Human Services (HHS), A Letter To Governors, dated March 13, 2017

 

On March 13, 2017, the Department of Health and Human Services (HHS) sent a letter to state governors to highlight Section 1332 of the Affordable Care Act (ACA). Beginning in 2017, Section 1332 allows states to apply for a State Innovation Waiver from certain ACA requirements.

With the lawmakers firmly stuck in the healthcare mud, one wonders if some states might start to make health insurance changes on their own. Under a little known provision of the Affordable Care Act (Section 1332) called the State Innovation Waiver, states have the ability to make changes by applying for waivers from certain major provisions of the law beginning this year (2017).  These waivers are intended to allow states the flexibility to pursue innovative strategies for providing their residents with access to high quality, affordable health insurance, while retaining some of the consumer protections of the ACA.

Examples of things that may be waived include:

  • Establishment of qualified health plans (QHPs);
  • Consumer choices and insurance competition through the Exchanges;
  • Premium tax credits and cost-sharing reductions for plans offered within the Exchanges;
  • The employer shared responsibility rules; and
  • The individual mandate.

While this provision and Price’s recent letter on the subject seemingly flew under the radar, you have to wonder if we might start to see some states initiating their own changes to Obamacare. If this is going to happen, we’ll likely start hearing about it in the next few months.  Sometime this summer is when carriers submit rate increases or announce intentions to withdraw from the individual market all together.  Analysts are predicting both to happen.  It’s anticipated carriers will request huge rate increases — sticker shock on steroids — for individual plans on and off exchange.  And, more carriers are expected to be leaving the individual market.  Aetna and UnitedHealthcare are already out, and Bloomberg recently reported that Anthem (BlueCross and Blue Shield in 14 states) is leaning toward exiting in most if not all of its markets.

I doubt anyone really knows where all this is going, or where it will end up. Maybe some states will act, maybe not.

One thing that’s almost certain: Access to employer sponsored health plans will be more important than any time since Obamacare (ACA) became law.

Here’s a link to more info:  HHS Promotes ACA Section 1332 Waivers

ACA in 2017… Stay Tuned

What do we see?

Our opinion was that if Hillary Clinton had won, ACA would have gotten the heavy lift it would have needed to advance.  The difficult regulations would have been imposed (vs delayed further) and the money would have been allocated from general funds to stabilize the market.

Without the heavy lift, big trouble for ACA would be on the horizon.

The horizon is here.  What we see initially is that the regulations will start to go away (changed or ignored) and cash infusion will not happen.  What remains to be seen is what the party  in power will do to replace the law.  Doing nothing will almost be a replacement, but to what?  The Republicans do have various plans, but which course they will follow remains to be scene.

Our job will be to let you know how this will affect you and your people.  As of today, we just hold the course.  The taxes and reporting requirements are still in place. The plans on the market have not changed.  We will keep you aware as things change. If things hit your radar or you have questions on what you read or hear, please let us know and we will dig in.

For more on the latest:  ACA Compliance Bulletin — Congress Clears Path for ACA Repeal

DO ELECTION RESULTS SIGNAL END OF OBAMACARE?

Highly respected industry expert Bob Laszewski provides an ongoing review of health care policy activity and the health insurance marketplace. We have followed his takes on healthcare reform for some time and have always found them to insightful, balanced, realistic and mostly on target.  And, you can count on straight talk, no bull.  We were very interested in his reaction to last night’s election results.

Here’s some of what Laszewski had to say about Obamacare immediately on the heels of last night’s presidential election:

There is no doubt that Obamacare is dead……..

…….There are two routes they will consider:

  1. Immediate repeal and replace that can rebuild insurance reform under the Senate 51-vote budget rule. Following this route will mean that the pre-existing condition reforms, for example, would have to remain in any new law because they are not budget related and would have to stay. The individual mandate (the Supreme Court declared it a tax) could be done away with as well as all of the exchange subsidies and the Medicaid expansion because they are spending related. Just what this path would look like in detail will depend upon what Senate budget rules ultimately determine to be budget items and whether that would be enough to build a health law consistent with a Republican vision.
  2. Effectively repealing by using the Senate 51-vote budget rules to gut the financing of the law on a future date certain. That would be followed by the Republicans saying to the country and the Democrats that Obamacare would continue as is until that future date––Obamacare would continue to cover everyone in the exchanges and under Medicaid. But if Democrats didn’t cooperate in legislating a new health insurance law, they will argue, it will be on the head of the Democrats that people lost their coverage on the day funding ends. This course could have the effect of forcing the Congress to agree on a new bipartisan path for health insurance reform––or result in one incredible implosion of coverage if the Democrats didn’t cooperate.

Either way, Obamacare is over.”

No words minced, for sure.

You can read Bob’s entire article Obamacare: Dead Law Walking!  here.

http://healthpolicyandmarket.blogspot.com

EMPLOYER REIMBURSEMENT OF INDIVIDUAL HEALTHPLAN PREMIUMS REMAINS A BANNED PRACTICE UNDER ACA

While this was more of a hot topic when the full monty of healthcare reform was implemented back in 2014, some employers perhaps unaware of the turmoil in the individual marketplace still ask about reimbursing employees for individual health insurance policies.

The IRS, the Department of Labor and Health and Human Services have all released several directives and guidelines that pretty clearly prohibit the practice. The most recent was issued in December 2015 (n-15-17).

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