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HHS Rejects North Dakota’s MLR Waiver Request | Federal regulators have rejected North Dakota’s request to be exempted from the medical loss ration provisions in the Affordable Care Act — which require that insurers spend 80 to 85 percent of premium dollars on on health benefits. HHS ruled that “the state’s three large carriers subject to the MLR are already meeting or close to meeting the threshold and are not at risk of leaving the market.” “Two other requests, from Iowa and Kentucky, were partially approved.”

What Will The Federal Exchanges Look Like?

CQ HealthBeat’s John Reichard is reporting that HHS officials are staying “mum” on the structure of the health insurance exchanges that the federal government will erect in states that decide not to establish their own insurance market places by 2014, declining to say when that decision would be announced or even if it would be made this year:

A big question is how the federal government will run exchanges and specifically whether it will be an active purchaser, meaning it can deny insurers a place in the exchange if they don’t offer consumers a good deal. The recent HHS-proposed regulation on exchanges did not say.

[Steve Larsen, director of the Center for Consumer Information and Insurance Oversight] said Thursday that “we will be releasing further guidance in some form — it’s not clear whether it will even have to be a regulation — that would clarify how we will be setting up an exchange or portions of an exchange.” “I can’t describe for you now the particular time frame,” Larsen added. “I can only say that we know that’s an issue that has to be resolved.”

One possibility is that HHS would give the markets inside exchanges a chance to stabilize before becoming an active purchaser, Larsen said… Starting out with what’s called an “open model” — in other words, one in which exchanges don’t exclude insurers based on the prices they charge — is “certainly part of the mix of thinking about which model” the federal government will employ, Larsen said. It’s possible that both the federal government and state governments could decide to start with an open model and make a transition to becoming an active purchaser later, he said.

Progressive health advocates who have long hoped that states — and the federal government — would follow the models of Massachusetts and California in establishing exchanges that could keep out inefficient or poorly designed health care plans and bargain on behalf of its beneficiaries. Still, not all states will have the luxury of denying entrance to inefficient providers, however. States “that sit in highly concentrated insurance markets are limited in how selective they can be,” and states in which the exchange represents a small part of the commercial market will also have little leverage, as will states with a sicker risk pool.

But despite all this, the feds would be smart to adopt a more aggressive purchasing model and set robust consumer protections and standards. Not only would such an approach help meet the goals of the exchanges — connecting individuals and families with affordable health care options — but it would also discourage some states from abandoning their own exchanges in favor of the federal option. HHS would face substantial cost increases as conservative governors who are reluctant to build exchanges in the first place begin to see the federal exchanges as an ideologically agreeable (and cheaper) alternative.

NEWS FLASH

Union Workers Less Likely To Lose Health Insurance Coverage | A new study from the Employee Benefit Research Institute “found that from 2007 to 2009 union workers were less likely to lose employer-based health coverage than nonunion workers.” Paul Fronstin, director of EBRI’s Health Research and Education Program and author of the study, said, “The analysis shows that unionization is a key to many workers having health benefits, and that during tough economic times, union worker health benefits suffer less.”

The Consequences Of Using The Individual Mandate As A Trigger In Debt Ceiling Negotiations

The the final debt ceiling package may serve as a reminder of President Obama’s shaky commitment to individual health insurance mandate, a central provision of the Affordable Care Act that he opposed while campaigning for office. “It’s true that some people could game the system by just waiting till they get sick and then they show up,” Obama admitted in 2008. “But keep in mind that my plan also says children will be able to stay on their parents’ plan up until the age of 25. And so I don’t believe that there are a whole bunch of folks out there that will not get coverage.” He claimed that people who can’t afford insurance shouldn’t be required to purchase it and dismissed economists who argued that allowing individuals to remain uninsured would encourage younger and healthier Americans to avoid buying insurance and drive up the costs of coverage.

This morning, NBC’s First Read reported that President Obama may be pivoting back to his campaign position in the contentious debt ceiling negotiations and agreeing to eliminate the individual mandate if Congress can’t produce a long-term entailment and tax reform package:

The Obama White House and House Speaker John Boehner are now this close to reaching a “grand bargain” deal. That framework includes spending cuts, plus entitlement changes and increased tax revenues (as part of a tax overhaul) that would come later. But there are two big hurdles left: 1) on the substance, and 2) on soothing egos. On the substance, the most contentious matter is how you “trigger” the provisions to guarantee completing tax and entitlement reform. The Democrats have offered a trigger of letting the Bush tax cuts expire for those making $250,000 or more. Republicans, meanwhile, have countered that if those Bush tax cuts are hanging in the balance, they’d offer a trigger of their own to ensure Dem action: scaling back Obama’s health-care law and eliminating the mandate. Bottom line: If entitlement and tax reform is completed on time, then the Bush tax cuts and the health-care law don’t get touched.

Repealing the mandate would take much of the health care law down with it. The first to go would be the popular consumer protections that require insurers to provide coverage for people with pre-existing conditions and prohibit them from pricing older people out of the market. Without younger and healthier people paying monthly premiums — and why would anyone spend their healthier years writing out a monthly premium check if the neighbor across the street can obtain the same coverage for the same rate on a need-it-now basis — costs would skyrocket, forcing the government to spend more on subsidies and increasing premiums for millions of beneficiaries. After New Jersey attempted to eliminate preexisting conditions without a universal mandate in 1993, for instance, the cost of the most generous individual insurance plans rose by more than 350 percent. In Maine, many insurance providers doubled their premiums in three years or less and New Hampshire experienced an exodus of insurers.

And so tinkering with the coverage provision or even offering it up as a possible trigger, would not only deliver a victory to opponents of reform, but it would also roll back the coverage expansions in the Affordable Care Act — one study found that a plan similar to the ACA that excluded a mandate would cover less than 20 million uninsured. That would not only undermine the Democrats’ historic accomplishment, but it would also erect the very kind of price barriers that candidate Obama warned against and promised to eliminate as President.

Economy

Sen. Coburn: Gang Of Six Budget Cuts Will Only Hurt Those ‘Sucking Off’ Programs

This week, the so-called Gang of Six — composed of Sens. Tom Coburn (R-OK), Saxby Chambliss (R-GA), Mark Warner (D-VA), Dick Durbin (D-IL), Mike Crapo (R-ID), and Kent Conrad (D-ND) — released the outline of a plan that would reduce deficits by about $3.7 trillion over the next 10 years, with about $3 trillion of that coming from spending cuts. The plan closely mirrors that of the Bowles-Simpson fiscal commission.

The plan includes many odious measures, including changes to Social Security that would cut benefits by $1,300 per year. It would institute caps on discretionary spending through 2015, and lays out the amount by which individual agencies need to reduce their budgets (without identifying particular programs).

But according to Coburn, it doesn’t really matter which programs get cut, because, as he told Al-Jazeera English, it’s only people who are “sucking off the program” that are going to feel any change:

COBURN: The point is where’s the efficiency in that? The actual service going to people isn’t going to decline, the people sucking off the program are going to be the ones that lose.

Watch it:

Coburn added that, in his opinion, the government could cut $4 trillion to $5 trillion and no one would feel it. Earlier this week, Coburn released his own plan that he says will cut $9 trillion in spending over the next 10 years. Coburn claimed that the plan would only cut government “fat,” but, in addition to steep spending cuts across all government programs, it would privatize student loans for 15 million college students.

NEWS FLASH

Obama Asked To Avoid Additional Medicaid Cuts In Debt Ceiling Deal | A man with cerebral palsy, who receives Medicaid services to help manage his disability, asked President Obama to avoid additional cuts to Medicaid in the debt ceiling negotiations. Obama, who has reportedly made Medicaid concessions in the debt ceiling talks and offered a proposal that would force states to spend more on the program, seemed to agree, saying that “not providing services to persons with disabilities” that would help them meet their potential, would only increase costs for government over the long term. Watch it:

Cutting Through Barrasso’s Simplistic ‘Employers Will Drop Coverage’ Argument

Sen. John Barrasso (R-WY)

Sen. John Barrasso (R-WY) explains why he thinks employers will drop coverage as a result of the Affordable Care Act in today’s Deseret News:

Under the law, businesses are permitted to drop out of paying for employer-provided coverage so long as they pay a fine of $2,000 per employee. This number is far smaller than the $15,000 it costs businesses to provide family health benefits to each of their employees. Small businesses face an even clearer incentive to drop coverage for their employees. They are not required to pay this fine for the first 50 workers who lose coverage.

But economists and economic studies disagree. They argue that Barrasso’s calculation of whether or not dropping coverage and paying the employer penalty in ACA would be more financially beneficial to employers is too simplistic. Once businesses account for other factors — firms would need to compensate workers from whom they remove a current benefit, offering insurance helps recruit top tier employees — they find that the cost per employee actually increases. As the Urban Institute explains, “[T]here is little scope for firms being able to save money from dropping ESI [employer sponsored coverage] coverage except perhaps in firms where most workers have low wages as well as low family incomes, and these types of firms are the least likely to offer ESI today.”

For that reason, the Congressional Budget Office estimates that “the number of people obtaining coverage through their employer would be about 3 million lower in 2019 under the legislation” and actuaries at CMS found that just 1.4 million would move out of employer coverage. In fact, a comprehensive review of all the available employer surveys concluded that “the ESI market will be fairly stable after 2014 when key ACA coverage provisions go into effect.” The only analysis that found otherwise (Douglas Holtz-Eakin’s effort) relied on Barrasso’s simplistic model:

Interestingly, Barrasso attributes his claims to just two sources, “a study co-authored with my colleague, Sen. Tom Coburn (R-OK)” and “a June study by McKinsey and Company.” Barrasso’s study speaks for itself, but the now-debunked McKinsey survey has been all but abandoned by the company. As McKinsey explained after the public outcry, the survey “was not intended as a predictive economic analysis of the impact of the Affordable Care Act. Rather, it captured the attitudes of employers and provided an understanding of the factors that could influence decision making related to employee health benefits.”

Opposition To The IOM Guidelines Is Not About Abortion — It’s About Contraception

Yesterday, NPR’s Diane Rehm hosted a debate about the IOM’s recommendations that health care plans offer a wide array of reproductive services, including contraception, without additional co-pays. While the report has generally met with positive reviews, some on the right have argued that the IOM’s guidelines would increase abortions — by encouraging more women to have sex — or cover medications that induce abortions.

But during Rehm’s program, Helen Alvare — a George Mason University professor who opposes the policy — highlighted the real issue that’s causing some anti-choice conservatives to condemn the IOM: contraception:

REHM: One final question for you Helen. This one comes from Erin in Springfield, MO. Do you believe in birth control at all?

ALVARE: The–umm–to me, my specialty and the only thing I’ve brought to the table today and I assume others did too is what we know about the relationship between–uh–what the law does here in defining preventative care and what the conclusion is, and I guess if everybody here wanted to have a conversation about philosophical and theological beliefs we could do that.

REHM: But do you believe in birth control?

ALVARE: I think that that is a way of dodging my evidence and I would rather someone ask a question about the evidence I’ve brought to the table today.

Americans United for Life President Charmain Yoest had a strikingly similar reaction recently when challenged about why her organization — which drafts model legislation banning abortion for the states — does not promote access to safe contraception. Yoest first dismissed the question by saying that there are “differences of opinion” about expanding access to birth control, but then claimed that the issue is a “red herring.”

The goal of anti-abortion activists is to restrict access to both abortions and contraception. But to go after the latter, they try to conflate it with the former and flare up abortion fears even where none exist.

Rick Scott Trying To Protect Insurers From Paying Rebates To 340,000 Florida Policy Holders

Gov. Rick Scott’s (R-FL) dogged insistence on rejecting federal funds associated with the Affordable Care Act may cause some 340,000 Floridians to “miss out on an estimated $60 million in health-insurance rebates next year,” Carol Gentry of Health News Florida reports. The money is part of the law’s medical loss ratio (MLR) provisions, which aim at tamping down industry profits by requiring insurers that don’t spend 80 to 85 percent of premium dollars on health care to reimburse policy holders. Florida’s insurance department (OIR) initially requested “a waiver of the rebates for companies operating in this state,” but is now calling for a phase in of the rule:

Consumer groups are angry, accusing OIR of protecting insurers at the expense of the public. In a May 25 letter to the Department of Health and Human Services, five of them asked for a public hearing . [...]

If the waiver is granted, limits on MLR in Florida’s individual market would be 68 percent for this year, 72 percent next year and 76 percent in 2013. Not until 2014 would companies have to comply with the provisions of the 80-percent spending rule in the act. [...]

Customers who have the most riding on the HHS decision are the 118,000 individual policyholders of Golden Rule Insurance Co., a subsidiary of the giant United Health Group. Estimates based on data from 2009 and 2010 indicate that if the Obama administration doesn’t grant a waiver, Golden Rule would owe Floridians $32.8 million next year.

Scott has turned down millions of health care funds, arguing that Florida would not accept federal grants from a law that he sees as unconstitutional. But this time, “the money doesn’t come from taxpayers, but from insurers. Those who would receive the money are self-employed workers and others who don’t have access to a group plan.”

Morning CheckUp: July 22, 2010

Welcome to Morning CheckUp, ThinkProgress Health’s 7:00 AM round-up of the latest in health policy and politics. Here is what we’re reading, what are you?

Debt ceiling deal relying more on program cuts than tax increases: “An early version of the plan would lock in cuts in spending and social programs, as Republicans want, but appeared to defer decisions on increasing tax revenues until 2012. Under the proposal, Congress would take up comprehensive tax reform next year.” White House aides scrambled to tamp down a simmering Democratic revolt, insisting that Obama had not agreed to forgo an increase in revenues. [LA Times]

And may endanger the individual mandate: “The White House wants a trigger that would raise taxes on the wealthy; Mr. Boehner wants the potential penalty for inaction [on reforming the tax code] to include repeal of the Obama health care law’s mandate that all individuals purchase health insurance after 2014.” [NY Times]

McConnell-Reid plan also a no-go: “Sources on the Hill Thursday morning expressed a newfound — at times defeatist — sense of worry about the political prospects of the proposal, which would cut roughly $1.5 trillion over ten years while granting authority to the president to suggest (but not sign off on) future spending cuts as a condition of raising the debt ceiling now. House Republicans have told leadership that they are sour on the idea, with more than 90 members pledging to oppose it.” [Sam Stein]

Medicare/Medicaid in shutdown: Does Medicare keep making payments? If Social Security checks continue to go out, will Medicare premiums be withheld? Will states get their Medicaid dollars? Nobody knows. [Lester Feder]

Senate panel passes pay-for-delay reforms: “The Senate Judiciary Committee on Thursday cleared a bill that would severely curtail pharmaceutical industry deals to delay the entry of low-cost generic drugs on the market. The bipartisan bill seeks to put an end to the practice of brand-name drugmakers settling patent challenges from generic manufacturers by paying them to delay their products.” [Julian Pecquet]

New Hampshire may lose federal funds: After revoking a Planned Parenthood contact, New Hampshire must now find a way to provide reproductive health services to low income women statewide. Federal authorities sent the department a strongly worded letter that directs the state to remedy that situation by August 15th. [NHPR]

House Foreign Affairs’ second abortion amendment: Aside from reinstating the global gag rule, the Committee also adopted an amendment stating, “It shall be the policy of the United States to declare sex-selection abortion a human rights violation,” and mandating that the State Department track and report on sex-selection abortion in every country. [RH Reality Check]

North Dakota judge stops an abortion law: “A Fargo judge on Thursday put the brakes on a new state law that some believe could stop North Dakota’s only abortion clinic from using medicines to induce abortions.” [NECN]

Going to the hospital more dangerous than flying: “Millions of people die each year from medical errors and infections linked to health care and going into hospital is far riskier than flying, the World Health Organization said on Thursday.” [Reuters]

Fearing electronic health records: A new poll finds that 83 percent of Americans “have concerns about digital medical records.” Two-thirds worried that “my” personal health information could be hacked, others said that “digital medical record files could be lost, damaged or corrupted (noted by 54 percent) and that personal health information could be misused (52 percent).” [Health Populi]

Kids don’t think smoking is dangerous: “The perception by teenagers and young adults that heavy cigarette smoking is a high-risk activity has declined in many states, according to a study on substance abuse and mental health released on Thursday. The perceived risks of smoking one or more packs of cigarettes a day dropped between 2007-2008 and 2008-2009 in 14 states among youths aged 12 to 17, and in 31 states among those aged 18 to 25.” [Reuters]

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