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Wednesday, December 7, 2016

Health Care Reform Articles - December 7, 2016

Taking Stock Of Health Reform: Where We’ve Been, Where We’re Going

December 6, 2016

Almost from the moment of its inauguration in 2009, the Obama administration has struggled, often against adamant resistance, to enact and implement the Affordable Care Act (ACA). The 2016 election has brought to power opponents of the ACA who will control the presidency, both houses of Congress, and many state houses and governorships. ACA repeal, or “repeal and replace,” seems to be a very real, indeed likely, possibility. It is important, therefore, to take a sober look at what the ACA has achieved in its nearly six years of existence, and what repeal, or repeal and replacement, might look like.
This post will describe and assess the ACA in its sixth year, its successes and failures. It will next consider how the new administration might proceed with repealing and replacing it. Finally, it will examine the provisions that the new Congress and administration may adopt to try to replace the ACA and assess how they might improve on or undermine the ACA’s accomplishments.
This assessment will focus on the effects of the ACA and its likely replacements on accessibility and affordability. Other measures could also be used to evaluate the success of health system reform, such as effects on the total cost of the health care system or the quality of the health care it provides. Success could also be judged by the ramifications of health reform on individual choice, or freedom, or on the economy as a whole.
I choose to focus on accessibility and affordability because I believe that these are areas where government intervention in terms of financing or regulation—or most likely both—is most essential. There are two facts about health care that are beyond debate. First, in any given year the vast majority of health care costs are attributable to a small minority of the population and the vast majority of people spend comparatively little on health care. In a given year, the most costly 5 percent of the population accounts for almost 50 percent of health care spending, while the least costly 50 percent accounts for less than 3 percent of spending.
Private insurance can move resources from those who cost less to those who cost more, but there are limits to the extent that it will do so in an unregulated market (assuming private insurance can even exist in an unregulated market). Absent regulatory requirements, private insurers will exclude high-cost individuals and pre-existing conditions from coverage and will set premiums (and cost sharing) at rates that are actuarially accurate given whatever the insurer can predict the likely cost will be to cover the applicant and dependents, considering health status, age, gender, location, and other factors.
Second, the distribution of income and wealth are also sharply skewed in the United States. Given the high cost of American health care, many Americans could not afford even the most basic health care services without government assistance. The vast majority of Americans currently receive assistance for purchasing health care or health coverage not just through the marketplaces, but also through government programs such as Medicare or Medicaid and through tax subsidies for employer-sponsored coverage.
When analyzing affordability of health coverage, it is important to consider out-of-pocket costs as well as premiums. The premium on a catastrophic policy will obviously be less expensive than the premium for a low-deductible policy, but the coverage may be worthless to an individual who cannot afford to pay for the cost sharing imposed by the policy unless that cost sharing is adequately subsidized by the government via direct payments, contributions to a Health Savings Account (HSA), or other mechanism.

The ACA’s Structure

Access Provisions

The ACA included a number of measures to ensure access to health care for persons with high-cost medical conditions. First, it required insurers to offer coverage to all applicants and to guarantee renewal for all covered individuals.
Second, health status underwriting was outlawed in all insurance markets. Premiums in the individual and small group markets were only allowed to vary based on age (with a maximum one-to-three ratio), geographic rating areas, tobacco use, family or individual coverage, and plan characteristics such as provider networks.
Third, an absolute ban was placed on pre-existing condition exclusions. Exclusion of coverage for pre-existing conditions had been limited under the 1996 Health Insurance Portability and Accountability Act (HIPAA), but under the ACA it was banned altogether. The ACA did, however, require individuals to enroll in health plans during an annual open enrollment period (unless they qualified for a special enrollment period because of life changes or other special circumstances) to limit their ability to delay enrolling until a medical disaster in fact occurred.
Fourth, the ACA included certain provisions to discourage more subtle forms of discrimination against high-cost individuals. It required all insurance plans in the individual and small group markets to cover a menu of essential health benefits. Qualified health plans sold through the exchanges were barred from employing “marketing practices or benefit designs that have the effect of discouraging the enrollment in such plan by individuals with significant health needs,” and were required to cover an adequate network of providers, including essential community providers.
Fifth, the ACA’s individual mandate required individuals who did not qualify for an exemption (such as for inability to afford coverage) to obtain minimum essential coverage or pay a tax. This requirement was intended to ensure that healthy as well as unhealthy individuals participated in the individual insurance market. An employer mandate also encouraged employers to continue to cover high-cost enrollees rather than dumping them into the individual market.
Finally, the ACA established temporary reinsurance and risk corridor programs, and a permanent risk adjustment program, to encourage insurers to take on higher-risk enrollees and to discourage risk selection.

Affordability Provisions

The ACA also included a number of measures to make health insurance and health care more affordable for low- and moderate-income Americans. First, it mandated coverage under the Medicaid program for all those under age 65 lawfully in the United States with family incomes at or below 138 percent of the federal poverty level (FPL). The Medicaid expansion was seriously undermined by the Supreme Court’s decision to allow states to opt out, but it remains a key feature of the ACA and has been implemented in all but 19 states.
Second, the ACA offered income-based premium tax credits for individuals with incomes not exceeding 400 percent of the federal poverty. The credit amounts were based on the premium of the second-lowest cost silver (70 percent actuarial) value plan in a geographic market. It also required insurers to reduce cost-sharing for individuals with incomes not exceeding 250 percent of the federal poverty level (FPL), with dramatic reductions for those with incomes at or below 200 percent of FPL.
Finally, the ACA included a number of measures intended to make health care more affordable for insured individuals generally. It prohibited the sale of very high cost-sharing coverage in the individual and small group markets with an actuarial value of less than 60 percent (except for catastrophic coverage available under limited circumstances), outlawed annual and lifetime limits, and capped out-of-pocket expenditures for in-network services.

The ACA’s Record

How has the ACA performed so far in terms of making health care affordable and accessible? Its record is sharply contested, but some things can be said that would only be contested by its most extreme critics or supporters.
First, the ACA has dramatically reduced the number and percentage of Americans who completely lack insurance coverage. The most recent government survey found that the uninsured rate dropped from 16 percent in 2010 to 14.4 percent in 2013 to 8.9 percent in the most recent 2016 government survey. The problems that American families face with paying medical bills and the challenges hospitals face with uncompensated care have also been reduced since the ACA’s reforms have gone into effect.
Second, the ACA has expanded Medicaid and individual market coverage without significantly undermining employer-sponsored coverage—the traditional bedrock of American health care financing. The most dramatic growth in coverage has been in Medicaid, both through the ACA’s expansion of coverage for adults and children up to 138 percent of the federal poverty level and through the “woodwork effect,” which has brought new enrollees into the Medicaid program who are eligible through traditional categories. Medicaid enrollment has grown by 13.7 million since 2013.
But the marketplaces have also covered 10.4 million individuals. This is fewer than was initially anticipated, and not all of these individuals were previously uninsured. But if marketplace coverage was terminated precipitously, over ten million individuals would have to find another form of coverage.
Third, the ACA has made coverage available to individuals with pre-existing medical conditions who would have been unable to get coverage or would have faced unaffordable premiums or pre-existing condition exclusions before the ACA. The extent to which pre-existing conditions or people with them were excluded from coverage before the ACA is contested, and insurers retain some capacity for limiting coverage for high-cost individuals through discriminatory benefit, network, or formulary designs, but few contend that the ACA has not largely eliminated discrimination in insurance markets against high-cost individuals. It has also eliminated gender-based discrimination and rescissions (post-claims underwriting).
The ACA has also provided broad benefits to millions of Americans who may not realize the source and scope of these benefits. All health plans and policies are required to cover preventive services without cost sharing, including commonly used services like flu vaccinations or contraceptives. The Medicare doughnut hole is closing. Health plans and insurers are required to offer internal and external review to enrollees who received adverse benefit determinations.
Health care costs generally have grown at historically low levels though most of the time the ACA has been in place, although cost growth has shown signs of picking up lately. The extent to which the ACA has contributed to this trend is debatable, but it has at least not resulted in an explosion of health care costs as some predicted. Employment has grown steadily during the time the ACA has been in force, although some argue that the ACA has contributed to a growth in part time jobs.
The ACA has not, of course, been an unmitigated success. Many individuals who purchase coverage in the individual market and who are not eligible for premium tax credits face high and growing premiums. Health plans in the individual market, and increasingly employer coverage as well, impose deductibles, copayments, and coinsurance that leave health care unaffordable even for individuals who are insured. Choice of insurer is limited in some marketplaces. Insurance offerings in many marketplaces trend toward narrow networks, holding down premiums and costs but limiting choice of provider, impeding continuity of care, and exposing members to surprise medical bills. Access to care and economic security for Medicaid beneficiaries has improved with the Medicaid expansions, but the extent to which it has improved health outcomes remains contested.

Repealing The ACA: What Could Be Done And What Would Happen?

President-elect Trump and some Republicans in Congress focus on the ACA’s failures. They have pledged to repeal, or to repeal and replace, the ACA, and believe they can replace it with something better.
Their proposals bear serious scrutiny. Could they actually improve access and affordability for those who have benefited from the ACA? Might they alternatively improve access for those who have not been helped from the ACA, but impose barriers to access or make coverage or care less affordable for those whom the ACA helped? Might their proposals make health care more—or less—accessible for Americans generally? It is urgently necessary that we find answers to these questions.
An initial question is whether repeal or repeal and replace is legally possible. The brief answer is yes. Total repeal would take 60 votes in the Senate, which the Republicans do not have, unless 1) they abolish the filibuster, which they are unlikely to do, or 2) get eight Democrats to join them, which is equally unlikely. Full repeal is also, frankly, not practically possible, as too many of the provisions of the ACA are interwoven into the fabric of our health care system and cannot be easily extricated. Medicare payments to providers and managed care plans, for example, are based on the ACA and would be seriously disrupted by an abrupt repeal of the law.
But, as I have noted earlier, repeal and possibly replacement of many of the most controversial provisions of the ACA—the individual and employer mandates, the premium tax credits, and the Medicaid expansion, for example—could be accomplished through the budget reconciliation procedure, which would require only a simple majority vote. The extent to which budget reconciliation could be used to this end would depend on the arcane rules of the Senate, but the repeal bill passed by Congress in 2015 passed muster, so it could go at least that far.
President-elect Trump could also do a great deal toward undoing the ACA through executive action, perhaps even by accident. Simply withdrawing the government’s appeal in House v. Burwell could launch the individual insurance market into chaos. A Trump administration could reverse or withdraw many of the rules promulgated to implement the ACA, or simply withdraw or reduce resources from Healthcare.gov and the Center for Consumer Information and Insurance Oversight in the Department of Health and Human Services (HHS). These actions might provoke litigation, but health insurance and health care markets could be seriously disrupted well before the legal issues were settled.
A repeal of the ACA’s coverage provisions without a replacement would leave perhaps 20 million Americans without coverage. A repeal of the Medicaid expansion would not only leave millions of Americans without coverage but would also saddle the states, Medicaid managed care insurers, and health care providers with billions of dollars of obligations and unpaid bills. Similarly, an end to premium tax credits, cost-sharing reduction payments, and the marketplaces would leave millions of Americans without access to affordable coverage and insurers and providers holding the bag.
If the ACA disappeared overnight, insurance would still be regulated and to some extent financed by the states. The effect of repeal would vary from place to place, but the states simply lack the capacity to fully absorb the damaging effects of repeal on lower-income and high-cost individuals. Federal health care reform was enacted in 2010 because the states had after decades of opportunity failed to address the affordability and accessibility problems that the ACA took on.
The current wisdom is that Congress and the administration would not be foolish enough to repeal the ACA without a replacement in place. The 2015 reconciliation legislation delayed repeal of the Medicaid expansion and the premium tax credits and cost-sharing reductions for nearly two years to give Congress time to act. But insurers participate in the marketplaces voluntarily and few of them are dependent on marketplace business for survival. In the end they will have to look to their own financial viability and are not required to offer services as charities. Simply the insecurity caused by the threat of repeal could leave the marketplaces without insurers for 2018.
It is thus necessary that replacement legislation be enacted in tandem with repeal. But what would replacement look like? We do not yet know, and are likely not to know until the administration and Congress agree on legislative language. Although President-elect Trump has mentioned a few components of a health reform plan, which have changed from time to time, he has not begun to put forward or endorse any comprehensive approach.

ACA Replacement Plans

A number of Republican congressmen have, however, put forth plans. The most prominent of these is probably Paul Ryan’s “Better Way” proposal, but Congressman Tom Price’s (R-GA) proposal certainly must be taken into account with his recent selection for Health and Human Services Secretary. Conservative and libertarian advocates and groups have also put forth proposals. Some proposals have even been reduced to legislative language. These proposals contain different provisions but share common ideas.
What solutions do these replacement proposals offer for the problems of access and affordability posed by the disparities in health risk described at the beginning of this essay? The most common approaches they offer for covering high-cost individuals are continuous coverage requirements and high risk-pools, both of which are included in Congressman Price’s and the “Better Way” proposals.

Continuous Coverage Requirements

Continuous coverage provisions would ensure that as long as an individual remains continuously insured, insurers could not refuse coverage or exclude pre-existing conditions for that individual and might not be able to increase premiums to account for risk. This approach was part of the Health Insurance Portability and Accountability Act of 1996, which prohibited the application of pre-existing condition requirements in the group health insurance to individuals who had been insured for at least a year or more. Advocates for this approach argue that it places fewer constraints on individual liberty than the current individual mandate (which it would replace); they also argue that it would prevent the gaming that some believe is occurring in the marketplaces where individuals can under certain circumstances use special enrollment periods to enroll when they need care and drop their coverage when the need passes.
A continuous coverage requirement would work for some people—those who are already covered and who can afford to pay premiums without hardship. But it would likely not help others. First, there would have to be an initial open enrollment period to allow those who are currently uninsured to sign up. But we all know how difficult it has been, despite repeated efforts, to educate the public as to the availability of coverage with generous subsidies through the marketplaces. Why should we expect that it would be easier to reach the uninsured with the message that they must to sign up or face pre-existing condition clauses?
Second, a continuous coverage requirement would necessitate a definition of “coverage.” How skimpy an insurance policy would an individual be able to get away with and still be considered covered? And could persons with a policy that only covered physician and hospital services with a $30,000 deductible and $100,000 cap be able to upgrade to a low-deductible, full coverage plan once they became seriously ill?
Third, a continuous coverage requirement ignores the lived reality of many low-income Americans. Families living at the margin and intermittently employed may be able to cover premiums in some months, but in others they may decide that paying the rent or buying food is a higher priority. Without generous premium assistance, many low-income Americans would no doubt have frequent, sometimes lengthy, gaps in coverage.
Finally, a continuous coverage requirement could be viewed as just another version of an individual mandate. A person who does not maintain continuous coverage is forced to pay a penalty — in this case a surcharge on insurance premiums. This penalty would operate capriciously, however. Healthy people would face no penalty as long as they remained healthy, even if uninsured. Unhealthy people who had remained uninsured could face a prohibitive cost when they tried to get covered. Indeed, uncovered persons who sought coverage once they incurred medical costs could face a much higher penalty than the current individual mandate penalty.
Gail Wilensky (at 3:42) and others have pointed to Medicare’s structure as evidence that the ACA’s individual mandate may be unnecessary. When people turn 65 or lose their employer coverage, they must sign up for the voluntary Medicare Parts B and D in a fixed open enrollment period or, if and when they do enroll, pay a penalty in perpetuity for each month they delay. This is a reasonable argument; as mentioned, such a structure might be perceived as less coercive than the mandate and remove the incentive to delay purchasing coverage until one’s health deteriorates. However, the marketplace-eligible population is poorer, harder to reach, and less risk averse than seniors, and many marketplace-eligible people could miss the open enrollment period and then be locked out from enrolling later by the penalty — although Wilensky notes that the Marketplace penalty need not be permanent, as Medicare’s penalty is.

High-Risk Pools

The second approach to dealing with health-risk disparities is high-risk pools. High-risk pools offer coverage to individuals who are not insurable in the standard coverage market because of health issues. High-risk pools could be an alternative to a continuous coverage requirement or could operate in tandem with it, offering coverage to those who had failed to satisfy the continuous coverage requirement.
We have a lot of experience with high-risk pools, which have operated many states for decades. The federal government also operated a pre-existing condition high-risk pool between 2010 and 2013 to offer a bridge to coverage under the 2014 market reforms.
Experience with high-risk pools has not been encouraging. Although two thirds of the states offered high-risk pools before the ACA, fewer than 200,000 individuals, about 5 percent of the eligible uninsured, enrolled in coverage. Coverage was generally skimpy with high deductibles and low annual dollar limits. Premiums were high, and pre-existing conditions were often excluded. Risk pools were chronically underfunded and in some cases had enrollment caps and wait lists.
The first question a risk-pool program would have to face is who would qualify for risk-pool coverage. Would anyone with a pre-existing condition? Only those refused coverage? Or all those facing a premium mark up of a certain amount or exclusion of a condition? The federal pre-existing condition high-risk pool required that applicants be uninsured for at least 6 months, which excluded individuals who had continued to cling to existing coverage despite very high premiums.
A second question is how comprehensive or limited the coverage offered by high-risk pools would be, and how high premiums would be. Would the program offer only catastrophic coverage, or some kind of basic coverage, or would it offer coverage similar to that offered by most employers? Would the premiums be subsidized for low-income individuals, and would they be set at standard rates or even at some higher rate, recognizing the higher costs of the population?
The most important question would be who would pay for the high-risk pools. Some Republican proposals offer $25 billion a year, yet the Commonwealth Fund estimates that the cost of covering all uninsured Americans with chronic illnesses would be $178 billion a year. If Congress offers capped subsidies to the states for high-risk pools, would the states actually fill the gap between the amount needed and the amount offered? Past experience says no.
Finally, what advantages does a high-risk pool offer over using the same funds to reinsure insurers that offer coverage to high-risk individuals in the general individual health insurance market? Offering reinsurance (an approach used for Medicare Part D and during the first three years of ACA marketplace coverage for catastrophic claims) avoids segregating high-cost individuals and obviates the need for special eligibility standards or screening procedures. It could encourage continuity of care and coverage, and lower premiums generally since insurers would not have to add a risk premium to cover low-risk individuals who become high-cost enrollees on their watch. The only advantage that a high-risk pool offers over reinsurance is that it makes the subsidies that government, and in particular the federal government, would pay for covering the high-risk population completely transparent.

Affordability Provisions

Tax Subsidies

ACA replacement proposals offer a broader range of alternatives for addressing the problem of affordability of health insurance and health care for lower-income Americans. To begin, many of them would continue to offer subsidies through the tax system. These could take the form of either tax deductions or tax credits. They could be adjusted for age and geography, even for health status if health status underwriting were reinstated. Some proposals would retain some level of means testing.
The value of tax deductions depends, of course, on marginal tax rates. Income tax deductions are of no value to people whose income is below the filing limit and of little value to individuals in the 10 or 15 percent brackets, who collectively account for 90 percent of the uninsured. Deductions are most valuable to those with taxable incomes in the half million dollar range, hardly those most in need of federal subsidies. Allowing a deduction from Social Security and Medicare taxes would offer marginally greater assistance to low-income taxpayers, but would undermine the funding sources for those programs.
A fixed dollar tax credit could be an important adjunct to the ACA’s means-tested tax credits. Although the ACA’s means-tested tax credits have made coverage more affordable for millions of Americans, they also have limitations. Many middle-income taxpayers who receive little or no assistance from the ACA tax credits are struggling with the high-cost of coverage in the individual market. Fixed-dollar tax credits are far easier to administer than means-tested tax credits and do not need to be repaid if income estimates are inaccurate. Means-tested tax credits disincentivize efforts to increase earnings, as they shrink dramatically as incomes rise. Fixed-dollar tax credits would remain the same as income increases, or would phase out at much higher levels.
Some fixed-dollar tax credit proposals would expand their reach beyond the individual insurance market, using them to replace the current exclusions for employer-sponsored coverage. Most Americans currently receive health care coverage through their job and employer-based coverage is nearly universal for large employers. The current tax subsidy for employer coverage is widely condemned by commentators across the political spectrum as inefficient and inequitable. It is, however, the biggest and most widely used tax subsidy, amounting to $300 billion in 2016; if it were repealed, it could, depending on the level of tax credit that replaced it, result in a massive middle class tax increase. If the new tax credit were significantly less generous than the current exclusion, it could significantly raise the cost of health coverage for some employers or employees and result in widespread loss of coverage.
Fixed-dollar tax credits would have important distributional effects that would depend on how they were set. Under a simple fixed-dollar tax credit, young people would be better off, older people worse off. Fixed-dollar tax credits would also result in winners and losers depending on geographic location as premiums vary significantly across the country.
A change from the current ACA means-tested subsidies to fixed-dollar tax credits, however, would most dramatically affect lower-income Americans, who have benefited most from the ACA. Fixed-dollar tax credits that could be universally available and could fully cover the cost of first-dollar health insurance coverage, comparable to the coverage now offered to Medicaid beneficiaries or even to the low-cost-sharing coverage available to millions of low-income Americans under the ACA, would cost far more than current programs and are simply unimaginable. But Americans currently receiving Medicaid or cost-sharing reductions lack the resources they would need to supplement less generous universal fixed-dollar tax credits to buy coverage at their current levels.
Low-income Americans might, of course, be able to buy catastrophic coverage with their tax credits—assuming that some level of catastrophic coverage was available for persons of their age, gender, and health status cost. Some proposals would even auto-enroll uninsured individuals in catastrophic coverage. But high-deductible, catastrophic coverage is worthless to an individual who cannot afford high cost-sharing obligations.

Health Savings Accounts

The solution that most replacement plans offer for covering cost-sharing obligations—indeed a mechanism replacement plans offer for a range of health system ills—is the health savings account (HSA). Since 2003, Americans have been able to invest money tax free in HSAs, which can accumulate interest or investment income tax free; users can withdraw money from the account tax free to cover medical expenses. Under current law, an HSA must be coupled with a health plan that has a high deductible (in 2017, $1,300 for an individual, $2,600 for a family) and an out-of-pocket limit not exceeding a certain limit (in 2017, $6,550 for an individual and $13,100 for a family). Money from the account can be withdrawn for any purpose once the account-holder reaches 65 years of age, but prior to that time withdrawals other than for paying medical expenses are subject to a 20 percent excise tax.
Replacement proposals would generally increase the amount that could be deposited in HSAs, make them available for more government programs, and otherwise liberalize program requirements. Some would even offer tax credits to partially fund HSAs. Supporters of HSAs argue that they reduce health care expenditures: When people spend money from HSAs they are effectively spending their own money rather than an insurer’s money; they will spend less and shop around to find lower-cost, and perhaps higher-quality, care.
There is considerable evidence that people with high-deductible health plans spend less. It is less clear that they spend their money wisely. People enrolled in consumer-driven plans may be skimping on necessary as well as unnecessary care. Price and quality information, moreover, are in short supply, and it may often not be possible to know the total cost of complex procedures in advance.
HSAs are a great investment vehicle for higher-income Americans. No other tax-subsidized savings vehicle allows individuals to claim a deduction for money they invest, avoid taxes on the investment’s income, and not be taxed on withdrawals from the account, as long as the withdrawals are for medical expenses. Not surprisingly, households with incomes over $100,000 account for 70 percent of HSA contributions. HSAs have no value, however, for Americans who have no excess income to save absent a mechanism such as tax credits to fund them at levels that would cover cost-sharing obligations under a catastrophic policy.
It should also be noted that setting up a system, presumably through the Internal Revenue Service, to assess eligibility for and distribute tax credits for paying insurance premiums and funding HSAs would take time and resources; it would result in a bureaucracy rivaling in size and complexity of that which currently determines eligibility for and distributes advance premium tax credits and cost-sharing reduction payments under the ACA. It would be difficult or impossible to have such a structure in place within the time frames contemplated by repeal and replace proposals now being considered.

Loosening Benefit Requirements

A common complaint about the ACA is that the essential health benefits package is too expensive and requires individuals to pay for coverage they do not need or want. However, most of the essential health benefits were covered in the individual market before the ACA was adopted. A few services were less commonly covered, including maternity coverage and mental health and substance use disorder services.
Eliminating coverage for maternity and mental health and substance abuse services could certainly make coverage less expensive. And it is sometimes argued that men or women who are not of childbearing age should not have to pay for maternity services. All of us, however, were born at some point in our lives and virtually all of us have some experience with mental illness or substance use in people who are close to us. Most replacement proposals will need some definition of a minimum benefit package that can qualify for tax subsidies and qualify as health insurance, and a serious discussion is needed as to what current essential health benefits can be eliminated and still leave adequate coverage.
Similarly, serious consideration should be given before bringing back mini-med policies with low actuarial value or coverage limits. While plans could be offered with higher deductibles and lower premiums than those permitted by the ACA, complaints that cost-sharing is too high under the ACA are far more common than complaints that cost sharing is too low. Higher out-of-pocket limits or annual and lifetime limits on coverage could primarily have the effect of shifting costs back to providers that provide high-cost care, or simply denying care once coverage expired.

Liberalizing Age Bands

It is widely believed that the 1:3 age ratios (under which older people cannot be charged more than three times the premium charged to younger people) found in the ACA are not actuarially accurate, and that ratios of 1:5 would be more appropriate. In fact, the most actuarially fair ratios would be gender specific, as younger women cost more than younger men and older women less than older men, but there are few complaints about the gender rating equity introduced by the ACA.
Increasing the age ratio to 1:5 might encourage more risk-averse younger people to sign up for coverage, but it would also cost older enrollees more than it would save younger enrollees. Moreover, since younger people tend to have lower incomes and are more likely to be covered by their parents’ policies or Medicaid or to receive generous premium tax credits under the ACA, the increased cost imposed on older enrollees would be far more visible than the reduced premiums experienced by younger people.

Association Health Plans

Association health plans remain legal under the ACA but have lost much of their luster because they are limited in their ability to discriminate based on health status. Their supporters argue that they allow individuals to band together to bargain for lower rates from insurers, but the ACA marketplaces generally offer insurers much larger pools of enrollees. In fact, to the extent that association health plans can offer lower rates, it may be because they can cherry pick their enrollees and avoid covering high-cost individuals, rather than because they can purchase coverage less expensively.

Medical Liability Changes

Medical malpractice reform is a hardy perennial of Republican health policy. It is hard to argue that our medical liability laws could not be improved — despite the fact that medical malpractice premiums are high for some specialties in some areas, it is very difficult for a victim of medical negligence to recover unless the damages are extraordinary. But study after study has shown that medical malpractice, including defensive medicine, accounts for a small percentage of health care costs.

Interstate Insurance Sales

Finally, there is the sale of health insurance across state lines. It is argued that allowing interstate insurance sales will introduce greater competition into insurance markets, bringing down prices. In fact, any insurer can currently sell insurance in any state in which it is licensed, and many insurers are licensed in more than one state. A number of states already allow insurers from other states to sell health insurance in their states. Indeed, the ACA allows interstate sales of insurance with appropriate consumer protections.
Insurers, however, have shown no interest in selling across state lines where it is permitted because health insurance products are almost exclusively network based, and forming and maintaining a network in a state requires a domestic presence. It is conceivable that cheap indemnity products could be sold nationally, but consumers who bought such products would likely lack the protection currently provided by state insurance regulators if problems developed, as would almost certainly be the case. Products sold across state lines would also likely be medically underwritten, which would reduce the cost of coverage for healthy individuals but increase the cost of coverage for individuals with health problems, who would be left behind in domestic insurance markets.
The widespread sale of insurance across state lines would undermine state regulation, including state benefit mandates. As noted earlier, repeal advocates will have to decide if any minimum standards for health insurance are appropriate. But they must recognize that a federal law permitting the sale of insurance across state lines effectively preempts state regulation of health insurance and, if federal regulatory requirements are repealed as well, effectively leaves health insurance unregulated.

Medicaid And Medicare Reform

Replacement proposals would change the Medicaid program from a federal entitlement program to a program in which the states receive block grants or capped per-capita payments, and would give the states much more discretion as to whom they want to cover and how to do it. Some replacement plans would also transform Medicare from an entitlement program to a voucher program.
Changes to the Medicaid and Medicare programs are beyond the scope of this post; their proponents argue they would introduce more competition, flexibility, and innovation into the two programs, but they could have the same effect as some of the changes discussed in this post: removing protections offered to enrollees under federal law and potentially moving costs from the federal to state governments, and from the government and insurers to individuals and providers.

Summing Up

The ACA has made many Americans better off, and can boast of important achievements. In particular, it has ensured that Americans cannot be denied coverage or have their coverage limited because of health problems. Millions of lower-income Americans are receiving health coverage through Medicaid and the marketplaces who would otherwise be unable to afford coverage. But many still face unaffordable cost-sharing burdens and narrow networks, and many middle-income individuals can no longer afford coverage in the individual market.
While there are real opportunities for the new administration and Congress to improve the ACA, it is essential that they not precipitously undo its achievements. Repeal must await a clear plan for replacement. And the timing of repeal must take into account not only the time it takes to adopt replacement legislation but also the time it takes to write the rules, formulate guidance, and create and staff programs to administer a replacement program. If there is anything we have learned from the last six years, it is that implementation is hard work and takes time.
Careful and objective analysis must be given to replacement proposals and their effects. Many of these are not new but rather resurrect policy initiatives of the past that proved problematic in important respects. They have track records that can be studied. The effects of other proposed provisions can be modeled.
What preliminary analysis of Republican replacement proposals shows is quite clear: they would provide considerably less help for lower-income Americans and people with health problems, and could mean increased costs for these groups. They might at the same time lower costs and provide more assistance for middle- and higher-income Americans. They would shift costs from the federal government to the states. They would shift costs from the government to individuals and families, and to providers. They would make health care less accessible and less affordable to those who have been helped by the ACA, but might make it more affordable to some whom the ACA has not helped.
Elections have consequences, and, arguably, to the victors go the spoils. But transparency is important; no one should be under any illusion that an ACA replacement will make everyone better off — it could cause serious harm and disruption to some who were helped most by the ACA. If Congress and the administration are to embrace this harm and disruption, it is vitally important that the American people understand the consequences.

Maine Voices: Trump’s health care policy appears heavy on complexity, light on mercy

Letting the states decide how to insure residents might lead to a cobweb of unwieldy regulations.
by Daniel C. Bryant - Portland Press Herald
CAPE ELIZABETH — Will Donald Trump make our country’s health care system great again? Of course, for many it was never that great in the first place, but it is important to consider what changes may lie ahead during a Trump presidency. For this, we can turn to his website, where he promises to:
 Repeal the Affordable Care Act. Though Mr. Trump has suggested he may keep some features of the ACA, this may mean that 20 million people will lose their health insurance and millions more will find it increasingly hard to find affordable policies with reasonable coverage.
 Replace the ACA with health savings accounts. In the HSA scheme, individuals with high-deductible plans can set aside thousands of dollars of income a year, tax free, to pay future health care costs.
This, of course, limits HSAs to those with extra money to set aside, who will then be faced with the recurring quandary of whether a medical problem “deserves” their depleting their account or should be ignored because something worse might come along.
 Return health insurance regulation to the states. Dealing with 50 different sets of insurance regulations will be a challenge both to businesses with employees living in multiple states and to the companies that provide insurance to those businesses.
And people with costly medical problems will be tempted to move to states that require insurers to offer good coverage, thus burdening those well-intentioned states; while businesses will be tempted to move to states with low coverage requirements and premiums, thus forcing poorer policies on their employees.
 Maximize flexibility for states in administering Medicaid. Like the above, this “states’ rights” emphasis would give states so inclined a tool for modifying their demographics to their economic advantage: namely, by keeping out the poor and the sick.
 Enable people to purchase insurance across state lines. The resulting competition might well reduce premiums, but in order to maintain their bottom lines, for-profit insurers would have to compensate by reducing coverage or provider reimbursement. And it will be tricky, indeed, for insurers to sell group and individual policies across state lines if every state has a different set of regulations.
 Re-establish high-risk pools. By segregating the sick or likely-to-get-sick into “pools,” we shift some of the extra cost of their care to them, and away from the already more fortunate. The balance of the cost must then be paid by the government, which may or may not be willing to do so.
This all flies in the face of the basic idea of insurance, which is to spread cost over the fortunate as well as the unfortunate, not concentrate it. And what is even worse, it perpetuates a two-class system – normal people, and the sick and poor.
  “Modernize” Medicare. This is too vague a prescription to try to interpret at this point; it could mean anything from lowering the age limit and increasing coverage, to phasing out the program altogether.
Reviewing Mr. Trump’s likely health care policies, we can note two themes, both of concern – complexity and inequity.
Complexity, and its associated financial costs, would come from the co-existence of millions of HSAs, millions of individual and employer-sponsored insurance plans and a variety of Medicaid and other governmental programs, all operating within the competing regulations of the 50 different states among which people and businesses are constantly moving.
Inequity, and its associated social costs, would come from the vastly different access to health care that people of different means and locales would have.
The Affordable Care Act, too, is complex, and, though much more equitable than Mr. Trump’s policies, may well not survive. As for the system that the president-elect’s policies would lead to, it will be unlikely to survive either because of its own complexities, and should not because of its inequities.
In the aftermath of both Barack Obama’s and Mr. Trump’s efforts at health care reform, we will be left then to design a new system, preferably the one we should have had all along – a simple and equitable system of the single-payer, Medicare-for-All type, similar to those that every other industrialized country has adopted.
No, Donald Trump will probably not make our health care system great again, but he may, if inadvertently, help to make it great at last.

Senate Republican Leaders Vow to Begin Repeal of Health Law Next Month

by Robert Pear - NYT

WASHINGTON — Senate Republican leaders, after meeting with Vice President-elect Mike Pence, said on Tuesday that they would move immediately next month to start repealing the Affordable Care Act, despite qualms among some of their members.
“The Obamacare repeal resolution will be the first item up in the new year,” said Senator Mitch McConnell, Republican of Kentucky and majority leader.
Republicans have not fleshed out a plan to replace the 2010 health care law, President Obama’s signature legislative achievement. But on Tuesday they laid out their principles for a replacement plan and said they would try to minimize disruption for the 20 million people who have gained coverage under the law.
Senate Republican leaders appeared to agree with House Republican leaders on a “repeal and delay” strategy, which could keep parts of the health law in place for several years, as Congress works with the administration of Donald J. Trump to devise a replacement.
The Senate Republican strategy would start the repeal process in early January and could defer the effective date for several years, but not all party members were on board.
“They have to be done together,” said Senator John McCain, Republican of Arizona, referring to efforts to repeal and replace the health law. “We don’t want to have people left out.”
Democrats vowed to fight for preservation of the health law, on which public opinion has been deeply divided for six years.
“Bring it on!” Senator Chuck Schumer of New York, the next Democratic leader, said to Republicans. “Just repealing Obamacare, even though they have nothing to put in its place, and saying they’ll do it sometime down the road will cause huge calamity from one end of America to the other.”
Many health policy experts say the law has been beneficial. But Senator John Thune of South Dakota, the No. 3 Senate Republican, said: “It’s well documented, everybody agrees, both Republicans and Democrats, that Obamacare has serious problems. I would say it’s been a failure, and I think the American people agree.”
After repealing the law, Mr. Thune said, Republicans will proceed step by step to develop a replacement, built around four principles: States, not the federal government, should have the primary responsibility for health policy. Patients and doctors should be “in control.” There should be more competition among health plans, so consumers would have more choices. And small businesses should have more discretion and flexibility to configure health benefits for their employees.
After their lunch on Tuesday with Mr. Pence, many Senate Republicans were energized. After the inauguration of Mr. Trump, the schedule will be “very aggressive,” said Senator Michael Rounds, Republican of South Dakota.
But other Republican senators were still mulling their strategy.
Senator Bob Corker, Republican of Tennessee, suggested that it might make sense to repeal and replace the heath law at the same time, and that there could be pitfalls in deferring a replacement for several years.
“People are trying to figure out the best route,” Mr. Corker said. “It’s not really repeal if it’s still in place for three years.”
Senator John Barrasso of Wyoming, a member of the Senate Republican leadership, said Congress would need time to develop a replacement.
“Health care has been driven into the ditch by President Obama and this health care law,” Mr. Barrasso said. “It will take time to get the cart out of the ditch.”
Senator Susan Collins, Republican of Maine, said she supported efforts to repeal and replace the health law, but not Republican efforts to cut off federal funds for Planned Parenthood clinics. Last December, she voted against a budget bill that would have repealed major provisions of the health law because it would also have terminated funds for Planned Parenthood.
“Under the incoming administration, Republicans and Democrats will have a new opportunity to fix Obamacare, and there is a lot to fix,” Ms. Collins said on Tuesday, noting that premiums for health plans on the exchange in her state were increasing an average of 22 percent next year.


Life in Obamacare’s Dead Zone

Excluded from the Affordable Care Act because of
politics, thousands of poor Americans grapple with the
toll — physical and psychological — of being uninsured.
In the Riverview Gardens apartment complex, roused by the sounds of her neighbors waking, Janet Foy stepped over the anatomy-and-physiology textbook she fell asleep reading and vowed to herself that today would be the day she finally came back to life. That today she could start reclaiming some of the confidence she once felt when she stood onstage at church and sang about forgiveness and redemption and You who make all things new. At 56, Foy was broke, jobless and living with her older sister in public housing in Kansas City, Mo., and she didn’t feel much like singing anymore.
Recently, she had been told by a manager at a Victoria’s Secret that there was no need to leave her résumé. But not too long ago, she wanted me to know, she was pulling in $1,000 a week at a Merle Norman makeup store, helping other people look and feel their best. But then she took in her brother to try to help him overcome an addiction, and soon she was pulled under financially as he spiraled out of control. She would show up to work too overwhelmed and exhausted to make any sales, and had to dip into her savings until that was gone. She begged to borrow against her next paycheck but eventually lost her apartment and moved into a friend’s spare room.
How are you holding up? people would ask. I’m good, girl, she would say. Praise the Lord! But inside, she felt like the sci-fi movies she had seen in which “a person becomes encapsulated,” suspended between consciousness and oblivion.
Finally, on the phone with her sister one night, she broke down: I’m not right, I feel like I am dying.
“She was always the steady one,” her sister, Karen Smith Walker, says. “The one who could solve any problem. Always with a book. Always studying.” But now, after years of living with this desperation, Foy didn’t know how to find her way through it anymore.
“I tried to get Obamacare,” Foy recalls. “I called the number, and when the woman told me what it would cost me, I just about dropped the phone. She told me I’d needed to make at least $12,000 a year for there to be any help to make it something I might be able to afford. Which still doesn’t make a lot of sense to me, even now, that having no money meant I got no help when I really needed it.”
She also learned that she could not expect any help from Medicaid, which in her home state remained available only if you fit the criteria sometimes known by the shorthand “poor and” — poor and pregnant, poor and disabled. As a single childless woman, she could forget about it. There was no going to a doctor, even if she felt, as she put it, “like I was falling to pieces inside.”
But then one day she found herself sobbing in front of a nurse and a social worker, members of a team dispatched by the local safety-net clinic to embed themselves in the lives of the uninsured residents of the apartment complex where Foy lived — a grass-roots, door-to-door, last-ditch effort to reach those who would otherwise, as one resident delicately put it, “remain S.O.L.” The team, part of a program called Community-Centered Care, or C3, developed by the Samuel U. Rodgers Clinic of Kansas City in partnership with the Housing Authority of Kansas City and the Truman Medical Center, used their collective expertise to help the uninsured come up with creative interventions for their health concerns, beyond relying on a regimen of studious neglect supplemented with panicked, bankrupting visits to the E.R. Some days that meant knocking on apartment doors and offering on-the-spot blood-pressure readings. Other days it meant arranging for guest speakers to come and lead on-site classes about reducing stress or cooking nutritiously with limited ingredients.
In Foy’s case, it meant a referral to a therapist, who promptly gave her an explanation for her suffering. “My neurotransmitters were going pphhht,” she told me. “They were just shot, after all that loss and trauma I had been through.” The therapist treated Foy for depression — at no cost. That was a benefit for residents who worked with the C3 team: They received three free visits to the nearby Sam Rodgers Health Center, which they could use for any treatments offered there, including dental work. After her first session with the therapist, Foy started to imagine what it might be like to feel normal again. But after her third visit, sessions would cost $35; modest, she knew, but still more than she could afford. Over the last few years, she learned there was more than one kind of death, like the inability to lift yourself out of a bad place. Now that she had begun to do just that, she dreaded the possibility of losing it all over again.
According to the most recent census data, the uninsured portion of the United States population has fallen to 9 percent, with the sharpest drop registered among those living in households with incomes of less than 200 percent of the federal poverty level (which, translated into dollar terms, is the equivalent of an income of $48,600 a year for a family of four, or $23,760 for a single person). According to the Kaiser Family Foundation, more than 11 million people have purchased private health insurance plans through the Affordable Care Act exchanges, and a majority report incomes between 100 percent and 250 percent of the federal poverty level. It would seem that lower-income Americans are among the greatest beneficiaries of the A.C.A.’s reforms. And yet in some states this same population also remains, paradoxically, among the reforms’ greatest losers. This subpopulation is living inside a kind of “dead zone,” as Foy put it to me one day, searching for the right metaphor to describe her predicament. A long and suspended silence, she called it, “like when you can’t receive a single call, a single text.”
How these dead zones formed is a matter of unanticipated consequences. The A.C.A.’s architects did not predict that the Supreme Court would rule in 2012 that it was up to each state whether to expand Medicaid eligibility, which is how they imagined Americans with the most modest incomes would receive coverage. Even though the federal government would have helped fund the expansion, 19 states opted for ideological reasons not to do so, arguing that they are pushing back against government bloat and the fostering of dependency. A result was that the residents with the lowest incomes in those 19 states were now caught between two nonoptions: They made too much to qualify for Medicaid, or didn’t qualify at all, but they also made too little for publicly subsidized insurance on the exchanges, their income not high enough to trigger the refundable tax credits and cost-sharing that could make the possibility remotely affordable to someone making just a few dollars above the federal poverty level.
This paradox is referred to widely as the coverage gap. Most people in that gap are on the far side of middle age, with about one in eight edging toward 65 — a time in life when more serious health issues begin to emerge. Almost half are nonwhite. They are almost equally split along gender lines. About a quarter are supporting children, and everyone in the gap is more likely to be working (62 percent) than not (38 percent). Those with jobs work largely for small businesses that employ fewer than 50 people, which aren’t subject to A.C.A. penalties for not offering employer-based coverage. Most people in the gap who have jobs work full time. They are agricultural workers, primarily, or service-industry employees, but some hold jobs in education, health and social services, professional administration or manufacturing.
There is little disagreement in the existing literature about the negative effects of being uninsured: You are more likely to receive a diagnosis of late-stage cancer; you are more likely to postpone or forgo care, resulting in more severe consequences as treatable illnesses become increasingly complicated with delay. There’s also good, hard evidence from large-scale studies on “the wear and tear that worry and stress has on people who don’t have insurance coverage,” says Genevieve Kenney, co-director of the Health Policy Center at the Urban Institute, noting one of the most compelling and most cited: a study in Oregon that found that offering Medicaid to the uninsured reduced bad medical debts, decreased the likelihood of choosing to cover medical expenses over other bills, buffered them from catastrophic out-of-pocket payments and significantly reduced depression.
And yet the coverage gap is a new enough phenomenon that scant on-the-ground research exists into the particular and distinct ways that it is playing out in people’s day-to-day lives. Already, a scattering of researchers, mostly medical anthropologists, have taken steps to follow communities where significant numbers of people are caught in the coverage gap, in order to gain the kinds of insights “you don’t get from a single snapshot, a one-off survey,” says Heide Castañeda, an associate professor in the anthropology department at the University of South Florida. Those insights reveal, as she puts it, “not just how vulnerable people are, but how much agency they have, how much initiative they have to try and find a solution when none seems to exist. You can’t code that in a binary way; you have to watch it unfold over time.”
In Castañeda’s case, she has been studying the lives of the uninsured in Hidalgo County, Tex., which has one of the highest rates of uninsurance in the nation. She has traced the health of dozens of families over the last four years, simultaneous to the rollout of the A.C.A., documenting how they have responded to illness or chronic disease or accident. What she has seen is that to live in the gap demands a creative, improvisational mode of survival — one that often masks the true extent of the disparities to anyone on the outside. “It might be true no one is dying in the streets,” she says. “But the uninsured are dying younger; people’s life expectancy is affected, people’s ability to work is affected. These informal types of health care, as important as they are, actually help us not to see that.”
If it can be said that life in the gap tends to inculcate a certain guerrilla thinking among those who have no choice but to consider highly improvisational modes of insurance, then it can also be said that treating the people marooned there requires a similar flexibility of thought. You must manage the strange simultaneity of making someone aware of a grim diagnosis, even as you also know you do not have the means to properly remedy it.
My curiosity about this mind-set is what had brought me to Kansas City, and would ultimately draw me into the state of Kansas, covering more than 1,000 miles in five days. The area had already established something of a reputation in medical and health-policy circles, even before the emergence of the gap, for the innovative ways its providers had adapted to the overwhelming demands of treating the uninsured and medically isolated. Kansas City was, until recently, home to the largest free clinic in the country (before the clinic’s board voted to accept insurance in anticipation of the A.C.A. and the expansion of Medicaid in its state, which then did not happen). And it is currently the home of the Health Care Foundation of Greater Kansas City, which gives away $20 million each year to help fund organizations looking for alternative ways to reach the uninsured and to expand community access to quality medical care — the same foundation that supported the efforts of the team embedded at the local housing project where Janet Foy lived.
The president and chief executive of the foundation is a primary-care physician named Bridget McCandless, who for 13 years before taking her current position headed a Kansas City-area free clinic. She is widely considered a thoughtful and measured voice in larger conversations about community health, having served as president of the Metropolitan Medical Society of Greater Kansas City and serving currently as a citizen representative on a Missouri House of Representatives working group devoted to Medicaid reform. McCandless seemed the perfect person to speak to about any unlikely innovations that had emerged to work around the lack of immediate legislative solutions for those in the gap.
She told me a story about one of her former patients, a man with a seizure disorder: “He’s well controlled on inexpensive medicine. However, he has to see a doctor to get the prescription. Because he lacks insurance, he inevitably runs out of medication and has a seizure. This means that he can’t drive to work for six months. It’s really hard to work in construction when you have to admit to having a recent seizure — preventable or not. He collects cans on the side of the road to support himself now.”
It was hard to be innovative, in other words, when you didn’t have anything to innovate with.
A program manager named Rebecca Anderson at the Kansas City CARE Clinic, which was once the nation’s largest free clinic and which also receives funding from McCandless’s foundation, put it to me this way: When she first started working for the clinic, she did H.I.V. case management, “which feels really heavy. But there are so many resources available to those patients. Then I transferred over to this area” — she now oversees a team of community health workers assigned to work one on one with uninsured patients — “and this is way harder. These patients really have access to nothing. Absolutely nothing.”
In the case of Kansas, where Gov. Sam Brownback’s experiment in radically reducing government has included not only refusing to expand Medicaid but also on paring back its existing program, the question of what it meant to have access to nothing took on a particular resonance.
My first stop was Iola, where the foundation that McCandless heads also funds initiatives for the uninsured. In the parking lot of the local safety-net clinic, nearly every spot was filled. Rich seams of coal, natural gas and zinc fueled huge mining operations in this region during the early part of the 20th century, but by the 1930s the seams were already becoming depleted, leading to less and less work. Today the area is largely defined by entrenched generational poverty, unemployment and poor health. People who live in rural areas are much more likely to fall into the coverage gap than those who live in cities, distance and isolation amplifying the complications associated with the patchwork way they must care for themselves.
Cyndy Greenhagen worked out of a converted closet in the Iola clinic, and as the designated patient navigator, she ran the numbers for community members who came in without insurance and looking for assistance. She would tell them whether they fell into the gap. Iola was small enough that she could remember the people she couldn’t help — like Suzan Emmons, who lived across town with her two granddaughters, ages 10 and 12. For almost three decades, Emmons, 56, ran her own business cleaning houses. She had become parent to her granddaughters only recently, after seeking their guardianship to remove them from an abusive situation. The girls no longer hoarded food in their room for fear that they would not get another meal, but they were still getting up in the night, sometimes three, four times. The therapist who worked with them told Emmons that the girls were checking to make certain she hadn’t left them.
Last year, Emmons made just over $13,000. She carried private insurance until two years ago, when it became too expensive. But she imagined, when she went to see Greenhagen, that she would now qualify for some kind of assistance. Instead she learned that with the two girls in her household, she fell into the gap.
It was the kind of incongruity that Greenhagen regularly experienced in her job. She had said no to people with cancer; people who worked three jobs but still didn’t make enough to bump themselves out the gap; people who had been laid off and who had made the decision to return to school but now had no income as a result, and so fell beyond the borders of assistance.
Another person Greenhagen had recently said no to was Shanette Smith, who lives with her two daughters and her in-laws in the home where her husband was raised, not far from the town of Toronto, on the edge of a state park where some of the oldest trees in Kansas still stand. Her girls ride their bicycles in dizzying loops up and down the same driveway that a police cruiser rolled down in the early hours of a morning four years ago — a trooper dispatched to inform her that her husband had been killed in a single-car accident on a stretch of highway just a few miles away.



‘I’ll take my chances with dying, if that’s what it comes down to. We have no money.’

“After that, things fell apart for a while,” she told me, as we stood together in the dining room, where her mother-in-law keeps her collection of Pepsi memorabilia in curio cabinets. The girls were debating whether tonight they would be able to go take showers at the state park, for which their grandmother had purchased a yearly pass. Shanette, her mother-in-law and the girls sometimes went there in the summer to wash up because it offered not only the promise of inexpensive entertainment — Do you think we’ll see frogs in the bathrooms again, like we did last time? — but, with only one bathroom for all of them at the house, also efficiency, measured in terms of both time and water.
Three years ago, at her in-laws’ invitation, she and the girls moved their things into the two back bedrooms of the house. With her in-laws’ help, Smith, 28, was able to return to school full time, taking classes at a community college an hour’s drive away. Smith found that she liked school, that she was a good student. She realized that she could finally study to become a nurse, something she considered before her husband’s accident. One by one, she ticked off her required prerequisites, hunted down transcripts and secured letters of recommendation. She was ready, she thought, to turn in her application to a program in September. But then, while attending an informational meeting, she heard of one last requirement she had not anticipated: Students had to prove they had health insurance.
Up to that point, she had simply gone without. The school suggested she look into Obamacare. Which, in turn, led her to Greenhagen’s office. Smith had assumed that the $700 a month she received in widow’s benefits and the fact that she was a full-time student would qualify her for some kind of help; she didn’t know about the gap, or that her state was one of the places where it existed.
Greenhagen kept looking at her screen, as if she didn’t believe it. “I’m so sorry,” she said.
After she left the little closet office, Smith walked to her truck, locked the doors and cried. “It just felt like a huge loss,” she told me. “How could everything I had been planning toward, all the work, how could it all be for nothing?”
Smith had been trying not to show her daughters how frightened she felt ever since Greenhagen had delivered the news that insurance was out of her reach — and so, therefore, was nursing school. “Shall we get a broom to fight off any frogs we might find in the shower?” she asked them as they prepared to head to the park. But the same thought was repeating over and over: Now what am I going to do? She thought it as she put her daughters to bed, her youngest daughter saying to her through the dark, “I can’t wait to go to school, so I can have homework, too.” It frightened her that she felt too numb to try to come up with an answer.
The day after my visit with Smith and her family, I drove to the town of Pittsburg, to the Community Health Center of Southeast Kansas, the largest safety-net clinic in the state. The center’s doctors tend to more than 43,000 patients a year, regardless of their ability to pay — “We will never take anyone to collections,” a founding member of the center and its C.E.O., Krista Postai, told me. Many patients here have complicated their medical problems by going for years without seeing a primary-care doctor, fearing a bill they couldn’t afford. “This,” Postai said, gesturing around the building, “is all catch-up.”
The guiding philosophy at the health center has always been to “always simply say yes — yes, we can help you, whatever it takes,” Jason Wesco, the clinic’s executive vice president, told me. Sometimes that meant staff members’ volunteering to drive someone to Kansas City in their own cars. In the doctors’ cases, it frequently meant, with their patients’ permission, serving as unofficial specialists — reading up, consulting experts and doing as much as they could within the perimeters of their training — for those who could not afford to see one. Still, there was only so much a doctor could do for a man with bone cancer, for a woman who required a heart transplant.
“It’s very hard to know that because of a lack of resources, someone will die,” Julie Stewart, a physician at the center, told me. “To have to look in a patient’s eyes and say: ‘Your prognosis is different than that of someone who lives in another state. Your prognosis is less because you don’t have access to insurance.’ ”
An evangelical Christian, Stewart was featured heavily in state and national news accounts of the coverage gap over the last year, and she spoke with the conviction and eloquence associated with the tradition of religious testimony. “There’s a disconnect between politicians and people’s lives on the ground,” she said. “I’m strongly pro-life. I testified for the fetal-pain bill because I believe God created life. I’ve said babies can feel the same pain as adults, and that position was applauded, so why, when adults are experiencing the kind of severe debilitating pain that I am seeing because they cannot afford the care they need, are the same people not also working to do something about that?”
Currently she had a patient with lupus who was particularly worrying to her. The medications Stewart had tried did not seem to be working. “I keep telling her it’s time to see a specialist” — she had arranged for one at Kansas University to see the patient for $200 — “but she keeps saying no, she can’t possibly afford it.”
Stewart wanted to check up on her, so we drove to her home, in a corner of Kansas that Wesco had told me was, until the center opened a satellite office there, so medically isolated that the doctors were seeing cases they had not seen in their residencies or in medical school.
“I’ll take my chances with dying, if that’s what it comes down to,” the patient, Brenda Hannah, told me, sitting in the living room of the home she shared with her husband, Bill. “We have no money. We live on Bill’s disability.” She had been working at Walmart when the pain first started to become unbearable. She couldn’t stand long enough “to make a sandwich.” By the time she finally connected with Stewart, she had to quit working, and had already racked up several emergency-room bills. “The pain would just become unbearable,” she said. “It got to the point where I told Bill to hide the guns — I didn’t want to know where they were.” Bill, silent, rocked harder in his recliner.
Since she started working with Stewart, Hannah rated her pain at about a 5 on a 10-point scale, which Stewart counted as an improvement. But Hannah was still in a lot of pain. “You should really go to that specialist,” she told Hannah, who just shook her head. Bill required dialysis three times a day, which she handled at home. “I’ve sat here and thought, What can I pawn? The house is the only thing we have. We’re behind on bills so bad” — she pointed to a table where she had stacked unpaid medical bills and all other bills in two piles, each over an inch thick — “and now the car tags are due.”
Next to the front door, Brenda had taped two Post-it Notes at eye level, the last thing she would see on the way out of the house. You are smart (smart ass included). You are fun to talk to. “For my depression,” she explained. “To remind myself of the good things about me.”
Summer gave way to fall. Shanette Smith sent off her application to nursing school, hoping that maybe by the time she heard, something would have changed and Greenhagen would not say no. Suzan Emmons gave a speech at a community forum sponsored by a coalition of organizations working to urge the Kansas state government to expand Medicaid and end the gap. “I have worked my entire adult life,” she said. “For the past 26 years, I have been self-employed as a housekeeper. I make an honest wage. I feel I am doing all the right things to be a good citizen.” Janet Foy was trying to ignore a painful knot on one of her breasts. She had heard once of a folk remedy involving iodine, and at first she treated herself this way, ingesting three drops each day. The pain stopped, but when she ran into members of the C3 team in one of the common areas, they urged her to attend a free mammogram event at the local health clinic as a precaution. Until she found the knot, Foy had, in fact, been feeling the best she had in months, like she “might have something in the tank after all.” The therapy sessions she received free through the interventions of the C3 team had proved a turning point, she told me. She spoke of wanting to sing again. And she had finally come up with a plan that she was certain would bring herself back to life: medical billing and coding.
She had found an online review course for $20 a month to prepare for the accreditation test. She followed up this news with a trip to Kmart, where she could lease a $200 Chromebook. Next, she placed a folding table and chair in a corner of the apartment, where she planned to do her homework. My little office, she called it.
Through contacts in the housing authority, she had recently learned of the possibility of a paid internship in the medical records and billing departments at a local insurance company, and she wanted to do whatever she could to position herself for consideration. “I’ve already researched all the bus lines,” she told me.
So she waited for the news from the mammogram technician with particular anticipation. When the woman told her the mass was benign, she felt it was nothing less than permission to believe that things were going to get better, even if she did not yet know how. “I’m doing all I can for now, with what I have,” she says. “Sometimes that’s all you can do. You just have to take your little life, and walk it out.”

Health Insurers List Demands if Affordable Care Act Is Killed

by Reed Abelson - NYT

The nation’s health insurers, resigned to the idea that Republicans will repeal the Affordable Care Act, on Tuesday publicly outlined for the first time what the industry wants to stay in the state marketplaces, which have provided millions of Americans with insurance under the law.
The insurers, some which have already started leaving the marketplaces because they are losing money, say they need a clear commitment from the Trump administration and congressional leaders that the government will continue offsetting some costs for low-income people. They also want to keep in place rules that encourage young and healthy people to sign up, which the insurers say are crucial to a stable market for individual buyers.
The demands are a sort of warning shot to Republicans. While the party is eager to repeal the law as quickly as possible, and many have promised a replacement, its members are sharply divided over what shape any new plan should take. If they do not come up with an alternative, more than 22 million people would be left uninsured, including the more than 10 million who have bought individual plans on state marketplaces.
On Tuesday, Marilyn Tavenner, the chief executive of America’s Health Insurance Plans, a leading industry trade group, warned that the state marketplaces were already on unstable financial footing. Failing to continue the funding aimed at low-income Americans, she said, would have far-reaching consequences because the business would become much tougher for insurers.
“The market has already been a little wobbly this year,” Ms. Tavenner said. “If insurance companies believe cost-sharing subsidies will not continue, they are going to pull out of the market during the next logical opportunity.”
Insurers could decide within a few months whether to pull out of the state marketplaces for 2018, a deadline they are pushing to have delayed.
The trade group, one of two major groups representing insurers, was a major force in the passage of the law in 2010 and is expected to be influential in its discussions with Republicans. While its clout has been reduced by the departure of large members like the UnitedHealth Group, the organization has a powerful voice in Congress.
The Blue Cross Blue Shield Association, the other major trade group, has not yet said what it needs from Republican lawmakers to continue operating in the market.
Ms. Tavenner, a former Medicare official in charge of overseeing the creation of the state marketplaces, brings deep knowledge of both the government’s and the industry’s roles in health care. She said her group had begun meeting with members of Congress and their staffs.
Hospital groups also held a news conference on Tuesday to warn of what they said would be the dire financial consequences of a repeal if the cuts to hospital funding that were part of the Affordable Care Act were not also restored.
While insurers say they do not plan to fight the Republicans’ efforts to repeal the law, they are in no hurry to see it unwound. And Ms. Tavenner said the industry would support a delay so it could prepare for the changes. “We would love to see a three-year time frame, as long as possible,” she said.
The marketplaces, now three years old, have not become as robust as expected by many of the people behind the Affordable Care Act. Even President Obama, who pushed the law and the marketplaces through Congress, has suggested some improvements.
Some of the largest insurers, like UnitedHealth and Aetna, have stopped selling policies on some of the state marketplaces after losing hundreds of millions of dollars, and other insurers say they are still debating whether to stay in the market. Many have raised their premiums sharply.
Ms. Tavenner acknowledged that the current law “needed to be improved.” But she emphasized that there was widespread agreement among Republicans about the need for some the law’s provisions, including covering people with expensive medical conditions. President-elect Donald J. Trump has also signaled his support of this popular provision. “There are common starting platforms,” she said.
Ms. Tavenner did not give many details about her group’s positions, but she said its top priority was to stop the immediate threat of eliminating the subsidies for plans sold to low-income people. House Republicans have already sued to block these payments, and the lawsuit is now delayed. If the new administration chose not to defend the lawsuit, the money would disappear, and insurers would probably rush to the exits because fewer potential customers would be available.
Another of the industry’s concerns is ensuring that enough young and healthy people sign up to stabilize the market. Republicans have discussed eliminating one of the law’s main tools, the so-called individual mandate, a tax levied on those who do not enroll.
In talking with Congress, Ms. Tavenner said, her members are emphasizing the need for some alternative, especially after criticism by insurers that the penalty is not large enough to persuade enough people to enroll. “There’s not one magic solution,” she said. She pointed to some of the provisions in Medicare that encourage people to sign up before they become sick. And she discussed some options to ease how insurers price their policies to be able to offer plans that are less expensive to younger people.
She also argued that the insurers had no desire to return to the time before the law was passed, when people with pre-existing conditions were routinely denied coverage in the individual market.
Still, the industry seems willing to embrace some of the ideas being discussed by Republicans, including giving individuals more choices of plans and more accountability for the cost of their health care. Republicans also seem eager to put the states in charge of some of the details of how coverage in both the individual market and Medicaid will look. Ms. Tavenner said the industry had a long history of working with state insurance regulators.
Republicans are discussing other ways to stabilize the market, including the creation of high-risk pools, where people with expensive medical conditions might be covered, bringing down the coverage costs for everyone else. “We would hesitate to rush back to that,” Ms. Tavenner said. In the past, those programs, typically run by the states, have not been adequately funded, she noted.
The insurers are also beginning to discuss a potential overhaul of Medicare, pushed by the House speaker, Paul D. Ryan, who favors so-called premium support, or vouchers, as a way for people to find coverage. “We’re not big fans of that approach,” said Ms. Tavenner, although she said the industry would be open to discussing it.
Ms. Tavenner said the industry wanted to know more about what the Republicans were planning, including information on the fate of the Medicaid expansion under the law. “We still have more questions than answers,” she said. “We don’t want to disrupt individuals who are relying on our coverage,” she said.

Repeal and replace Obamacare: what could it mean?


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.

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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?

Redesigning Subsidies

During the campaign, Trump supported the familiar Republican themes of tax-free HSAs and allowing families to deduct health insurance premiums in their tax-returns. He pledged that “we must also make sure that no one slips through the cracks simply because they cannot afford [health] insurance.” Yet one assumes he must be well aware that tax deductions are of little use to most of his working-class supporters struggling to pay for coverage because they pay little or no federal income tax.
This reality opens the door to a serious and conceivably bipartisan discussion about how to replace the complex structure of ACA subsidies and tax breaks. Let’s recall that many leading Republicans have in the past proposed tax credits for the purchase of health insurance, including “refundable” credits that are within the same species as ACA subsidies. These Republicans include Senate Finance Committee chairman Orrin Hatch (R, Utah), House Budget Committee chairman and Trump nominee for Secretary of Health and Human Services, Tom Price (R, Georgia), and House Speaker Paul Ryan (R, Wisconsin). Many conservative health reformers call for that approach today.
Meanwhile a number of states (including Indiana while Vice President-elect Mike Pence was governor) sought and obtained waivers from the Obama Administration to use the Medicaid expansion funds under the ACA to craft consumer-driven subsidies for working families, including prefunding HSA accounts. Under a Trump administration, many red states could reverse themselves and agree to the Medicaid expansion and, with the Trump White House’s blessing, combine the new Medicaid money with tax credits to finance subsidies to buy private insurance.
It’s true that without more federal spending, which congressional conservatives will resist, it would still be very difficult to shield working class families from the rising health costs that helped drive them to the polls. But with Medicaid and subsidy redesign on the table, this part of “replace” could take a constructive path.

Unleashing the States

In addition to redesigning subsidies, another intriguing element is an expanded role for states. The familiar Republican call to take the federal money for Medicaid expansion as a block grant and turn it into subsidies for families to buy private coverage has received plenty of the attention. But the broader theme of giving states much greater flexibility could become a different pathway to the goal of affordable and adequate health coverage for all.
On day one and without any new legislation, a Trump White House could promise states maximum latitude in using Medicaid waivers to redesign coverage. Also on day one, Trump could give states a bright green light to use Section 1332 of the ACA. This provision permits states to apply for waivers to jettison core elements of the ACA, including the individual and employer mandates, exchanges, and components of the required benefit package, as long as financial protections for families stay in place. The Obama administration did little to encourage states to apply for 1332 waivers, and interpreted the law narrowly. Trump could do the opposite, allowing states to propose their own replacement for major parts of the ACA.
But making full administrative use of Section 1332 would be only the first step. States could move forward in 2017 with insurance rules to replace parts of ACA regulation. Meanwhile, new federal legislation could build on Section 1332 to begin a fundamental shift in the health care relationship between Washington, DC, and the states. Under this vision of federalism, Congress would set the broad coverage objectives and themes of the system, including a regulatory framework of protections and minimum benefits, and would legislate a redesigned set of subsidies, Medicaid funds, and tax benefits for families.
Given the election, this would be leaner than under the ACA. But with that framework in place, and perhaps leaving parts of the ACA in place at least temporarily as a default option, states could propose their own repeal-and-replace plans for federal approval, which could include alternative insurance regulation to accomplish federal goals. In a proposal written 12 years ago, when the ACA was not yet a gleam in elected officials’ eyes, and the prospects for any health legislation were particularly bleak, my now-colleague Henry Aaron and I offered a somewhat similar proposal for radical state-led coverage expansion within a national framework—even though our favored state proposals differed sharply. A similar bottom-up, state-led replace approach could be the best option for the new White House today, as well as for friends of the ACA.
The emerging GOP plan to repeal Obamacare on a delayed schedule — and then maybe kinda sorta replace it later — has raised a big question: Will Democrats help Republicans pass a replacement that is far less generous and comprehensive than the health law is, allowing Republicans an escape from the political fallout from repeal?
In an interview with me, Senate minority leader Chuck Schumer answered this question with a resounding No. Under no circumstances, he vowed, would Democrats throw Republicans such a political lifeline.
“We’re not going to do a replacement,” Schumer said of the Senate Democratic caucus. “If they repeal without a replacement, they will own it. Democrats will not then step up to the plate and come up with a half-baked solution that we will partially own. It’s all theirs.”
This could have far-reaching implications for the political battle over the health law that’s set to unfold — and indeed for the future of the health care system. Senate Republicans just announced that they will begin the process of repealing most of the health law in January, including the subsidies and Medicaid expansion that have helped cover many millions of previously uninsured people. Republicans are currently arguing over when exactly repeal should kick in — conservatives want it to be sooner, while GOP Senate leaders want to defer it to push off the political fallout until after the 2018 elections.
But whenever repeal does kick in, Republicans have insisted, they will have some kind of replacement ready. And here’s where Democrats come in. Republicans appear to be calculating that the looming prospect of millions losing insurance will force Dems to cooperate with them to pass a replacement that covers far fewer people and offers less in consumer protection than the ACA does. (They may need Dems to pass a replacement, because some conservatives may not vote for anything that spends and regulates to expand coverage.) But if Democrats do hold the line against anything far short of the ACA, they may be able to leverage Republicans into replacing it with something that is not nearly as regressive as the GOP replacement might otherwise have been.
Donald Trump has campaigned to repeal and replace the Affordable Care Act, otherwise known as Obamacare, once he gets into office. Now that he's won the presidency with a majority Republican House and Senate, that feat might not prove to be too easy. Wonkblog's Max Ehrenfreund explains. (Daron Taylor/The Washington Post)
This is what Schumer is now vowing to do. Asked directly if Democrats would refuse to support anything that falls significantly short of the ACA in terms of expanding social welfare, Schumer said: “The odds, after they repeal without any replacement, of us sitting at the table to do something that will chop one arm off instead of two is very small.”
“They’re giving us tremendous leverage,” Schumer insisted.
Time, of course, will tell whether Democrats make good on this vow. But it’s worth noting another important factor here: If Republicans do opt for repeal-and-delay, it could make a big mess very quickly, well in advance of any vote on a replacement, which could make the politics of this even worse for them.
As Jonathan Cohn reports today, health experts are predicting that repeal-and-delay could cause insurance markets to unravel very quickly. Insurance companies may exit the markets due to the uncertainty of seeing any replacement materialize. They may also pull out because Republicans look likely to repeal the individual mandate while trying to keep the protections for preexisting conditions (which cannot be repealed by a simple majority), which will make the risk pools older and sicker. The overall result could be millions losing coverage and all around chaos.
Schumer said that in this scenario, Democrats would not toss Republicans a lifeline. “They broke it, they own it,” Schumer said. “All the problems in the health care system that they blamed on Obamacare will now be in their laps. We’re going to make sure that we say things would have been a lot better, had they been thoughtful and careful and worked with us to fix Obamacare.”
It’s hard to say for sure how this will all play out. But here’s one possible scenario: Republicans do repeal much of Obamacare; a big mess ensues; Democrats refuse to participate in any vastly substandard replacement; Republicans are unable to pass it; no replacement materializes; and in several years, 20 million fewer people have health coverage. That would be a tremendous lurch backward. But Democrats would try to make Republicans own the outcome and the fallout, and this would all be re-litigated once again, heading into the 2020 elections.

An Obamacare ‘Delay’ Plan Could Backfire

by Margot Sanger-Katz - NYT

Just a few weeks ago, Donald J. Trump and Republicans in Congress were talking about how Obamacare’s insurance markets were floundering, and how insurance companies were fleeing while prices were spiraling out of control.
The failure of those markets, they argued, was the reason Obamacare should be repealed.
Now, Republican leaders are considering a legislative effort to roll back major provisions of the health law, but the plan they’re considering would keep the current system in place for at least two and possibly three more years.
The nickname for the plan is repeal and delay, and the assumption underlying it is that the current system will be sustainable for as long as it takes Congress to pass and the White House to install a new health plan.
The plan might be better described as “zombification.” It is not at all clear that Republicans can easily time the expiration date of the Obamacare markets. Insurance experts say the resulting zombie market — not dead, but not alive either — would suffer from many of the maladies of the existing system, and quite a few more. The result on the books might look like the status quo, but millions of Americans could lose their insurance and others could pay much higher prices to keep their coverage.
Obamacare was devised as a market system rather than a government program like Medicare. Private insurers compete to offer health plans to customers who don’t get insurance from their jobs or the government. It sets up rules and establishes federal subsidies to help encourage people to buy insurance. But it relies on the voluntary participation of insurance companies to function.
There’s nothing in the health law that forces insurance companies to sell insurance if they don’t want to — as we learned this year, when several major carriers exited the market. And there’s good reason to think that, with the death of Obamacare looming, many more companies would rethink their decision to sell Obamacare policies in the zombie interval.
“Why go through the hassle for something that’s going away anyway?” said Jon Kingsdale, who teaches at Boston University and is a director at the actuarial firm Wakely Consulting Group. Mr. Kingsdale, a former insurance executive, said that insurance companies had tended to weigh the short-term pain of remaining in the Obamacare markets against their long-term hope that markets would stabilize, grow and prove profitable. That calculus would change in an instant if the law were repealed, he said. “This is the perfect excuse to get out,” he said.
In an interview with The Milwaukee Journal Sentinel this week, Speaker Paul Ryan promised that the transition would ensure that “no one is worse off.” That promise could be as hard to keep as President Obama’s statement that, under Obamacare, “if you like your health plan, you can keep it.”
One important part of Obamacare would hold steady during the zombie period, however: The Medicaid expansion, now underway in a majority of states, does not rely on a private market for insurance companies. States would be able to continue offering coverage to poor Americans through Medicaid, even if Obamacare’s end were inevitable. Medicaid expansion is responsible for about half of the health law’s recent reductions in the uninsured.
The Obamacare markets are a different beast. They were never as troubled as their most vociferous critics argued. Mr. Trump was fond of saying that prices were rising by 100 percent or more. That was true in 10 counties, but the typical increase was around 22 percent — high, but not stratospheric. Competition among insurance companies had diminished as many carriers had either failed or exited markets where they had lost money. But every place in the country had at least one insurer offering coverage. Enrollment in the markets was lower than forecast, but was growing slowly.
But even the law’s defenders acknowledged that the markets were rickety and vulnerable. President Obama, in an article published in The Journal of the American Medical Association this summer, suggested major policy changes to backstop the markets. Hillary Clinton’s campaign included a laundry list of new programs meant to address Obamacare’s recent troubles.
Those changes, which would have involved extensive new spending on the existing system and the entrance of a government-run backup insurer, sometimes called the public option, are now off the table.
More modest fixes might have a better chance of passing. As The Hill reported last week, some Republicans in Congress are discussing a package of smaller short-term changes that would make the Obamacare markets more appealing to insurance companies during the zombie period.
Christopher Condeluci, who was a G.O.P. finance committee council when Obamacare passed and now runs a policy consulting business, said he had spoken with current staffers considering such options. Over the last few years, Republicans have resisted changes that would make Obamacare work better, but Mr. Condeluci said that the election had shifted the outlook.
“If there’s disruption, even in a wait for repeal and replace, Republicans are going to look terrible,” he said. “And the Democrats are going to rightly blame them.”
The package of sweeteners might include rules that make it harder for sick people to buy insurance in the middle of the year, and changes that would raise prices for older customers while lowering them for younger ones. Democrats in Congress might even vote for such a package in order to help the Obamacare markets survive.
But those fixes, long requested by insurance companies expecting an enduring Obamacare market, may not be enough once a repeal deadline looms. A “repeal and delay” approach means that even a propped-up market would exist for only a few more years.
For insurers that are losing money now as the market finds its legs and that are well-established in other lines of business, there is less incentive to stick around. The motivation for health plans, particularly large, national for-profit companies, had always been that Obamacare was a long-term growth opportunity, worth some headaches and losses early on. With the program’s end in sight, that hope would be gone, and insurers might balk at the effort required to change products and comply with new, more generous rules.
Marilyn Tavenner, the president of America’s Health Insurance Plans, a large insurer trade group, told my colleague Reed Abelson this week that the current law “needed to be improved.” Her group has not come out against a repeal and delay plan, but it has not guaranteed that insurers would stay put if one passed.
Things will probably stay stable through the end of next year. Insurance companies have signed contracts to offer health plans, and people have already signed up for them.
After that, the future may be less certain than the G.O.P. plan’s nickname suggests. Exits might not happen everywhere, but just as the Obama administration has struggled to keep reluctant insurers in the market, there would be little the Trump administration could do to prevent further insurer flight.
The result could be bare patches around the country — places where no company is selling insurance, and where no one can get access to tax credits to buy it. That might look a lot more like a quick repeal plan than a carefully planned “delay.”

Letter to the editor: Despite flaws, Affordable Care Act helps many Mainers

I was encouraged to read that Sen. Susan Collins has reservations about repealing the Affordable Care Act. As a Mainer who relies on the exchange for affordable health care coverage, I am deeply concerned about proposals to repeal it.
Last year I made the decision to leave my job, along with my employer-provided health care, in order to start a small business. I currently own and operate a small nursery school for toddlers in Yarmouth. Knowing I would have access to affordable care on the exchange allowed me to take this leap, which I otherwise never would have considered.
The ACA is not perfect, but it can be fixed. Repealing it and putting thousands of Mainers out of health insurance is not the way to go. That would be terrible for small-business owners like me who have come to rely on it for our health care.
April Humphrey 
Yarmouth


Doctors And Hospitals Say ‘Show Me The Money’ Before Treating Patients

 - Kaiser Health News
Tai Boxley needs a hysterectomy. The 34-year-old single mother has uterine prolapse, a condition that occurs when the muscles and ligaments supporting the uterus weaken, causing severe pain, bleeding and urine leakage.
Boxley and her 13-year-old son have health insurance through her job as an administrative assistant in Tulsa, Okla. But the plan has a deductible of $5,000 apiece, and Boxley’s doctor said he won’t do the surgery until she prepays her share of the cost. His office estimates that will be as much as $2,500. Boxley is worried that the hospital may demand its cut as well before the surgery can be performed.
“I’m so angry,” Boxley said. “If I need medical care I should be able to get it without having to afford it up front.”
At many doctors’ offices and hospitals, a routine part of doing business these days is estimating patients’ out-of-pocket payments and trying to collect it up front. Eyeing retailers’ practice of keeping credit card information on file, “there’s certainly been a movement by health care providers to store some of this information and be able to access it with patients’ permission,” said Mark Rukavina, a principal at Community Health Advisors in Chestnut Hill, Mass., who works with hospitals on addressing financial barriers to care.
But there’s a big difference between handing over a credit card to cover a $20 copayment versus suddenly being confronted with a $2,000 charge to cover a deductible, an amount that might take months to pay off or exceed a patient’s credit limit. Doctors may refuse to dispense needed care before the payment is made, even as patient health hangs in the balance.
The strategy leaves patients financially vulnerable too. Once a charge is on a patient’s credit card, they may have trouble contesting a medical bill. Likewise, a service placed on a credit card represents a consumer’s commitment that the charge was justified, so nonpayment is more likely to harm a credit score. 
Approximately three-quarters of health care and hospital systems ask for payment at the time services are provided, a practice known as “point-of-service collections,” estimated Richard Gundling, a senior vice president at the Healthcare Financial Management Association, an industry group. He could not say how many were doing so for higher priced services or for patients with high-deductible plans, situations that would likely result in out-of-pocket outlays of hundreds or thousands of dollars.
“For providers, there’s more risk with these higher deductibles, because the chance of being able to collect it later diminishes,” Gundling said.
But the practice leaves many patients resentful.
After arriving by ambulance at the emergency department, Susan Bradshaw lay on a gurney in her hospital gown with a surgical bonnet on her head, waiting to be wheeled into surgery to remove her appendix at a hospital near her home in Maitland, Fla. A woman in street clothes approached her. Identifying herself as the surgeon’s office manager she demanded that Bradshaw make her $1,400 insurance payment before the surgery could proceed.
“I said, ‘You have got to be kidding. I don’t even have a comb,’” Bradshaw, a 68-year-old exhibit designer, told the woman on that night eight years ago. “I don’t have a credit card on me.”
The woman crossed her arms and Bradshaw remembers her saying, “You have to figure it out.”
As providers aim to maximize their collections, many contract with companies that help doctors and hospitals secure payments up front, often providing scripts that prompt staff to talk with patients about their payment obligations and discuss payment scenarios as well as software that can estimate what a patient will owe.
But as hospitals and doctors push for point-of-service payments to reduce bad debt from patients with increasingly high deductibles, the risk is that patients will delay care and end up in the emergency room, Rukavina said. “Patients are essentially paying for their procedures up front,” he said. “It may not be a significant amount compared to their salary, but they don’t necessarily have it available at the time of service.”
The higher their deductible, the less likely patients are to pay what they owe, according to an analysis of 400,000 claims by the Advisory Board, a health care research and consulting firm. While more than two-thirds of patients with a deductible of less than $1,000 were likely to pay at least some portion of what they owe, just 36 percent of those with deductibles of more than $5,000 did so, the analysis found.
Fifty-one percent of workers with insurance through their employer had a deductible of at least $1,000 for single coverage this year, according to the Kaiser Family Foundation’s annual survey of employer health insurance. (KHN is an editorially independent program of the foundation.)
Boxley pays $110 a month for her family plan. She could not afford the premiums on plans with lower deductibles that her employer offered. She plans to talk with the doctor and hospital about setting up a payment plan so she can get the surgery in January.
“I’ll make payments,” Boxley said, although she acknowledged what she could pay monthly would be small. If that doesn’t pan out, she figures she’ll have to use student loan money she got for graduate school to cover what she owes.
Still, experts say that trying to pin patients down for payment in more acute settings, such as the emergency department, may cross a line.
Under the federal Emergency Medical Treatment and Labor Act (EMTALA), a patient who has a health emergency has to be stabilized and treated before any hospital personnel can discuss payment with them. If it’s not an emergency, however, those discussions can occur before treatment, said Dr. Vidor Friedman, an emergency physician who is the secretary-treasurer of American College of Emergency Physicians’ board of directors.
Bradshaw finally got her appendix removed by calling a friend, who read his MasterCard number over the phone. The surgery was uneventful and Bradshaw was home within 24 hours.
“It’s a very murky, unclear situation,” Friedman said of Bradshaw’s experience, noting that a case might be made that her condition wasn’t life threatening. “At the very least it’s poor form, and goes against the intent if not the actual wording of EMTALA.”



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