Wednesday, April 13th, 2011

While the possibility of a government shutdown grabbed most of the headlines last week, many analysts and media focused on particulars of the new House Republican budget plan unveiled by Rep. Paul Ryan (R-WI). Reactions to the plan were widely split, but few would disagree that the plan would have a dramatic impact on health care if enacted. The proposal would allow states more control over Medicaid but cut the amounts states receive from the federal government over a decade; significant changes to Medicare would restructure the fee-for-service system to a premium-support model while gradually increasing the age of eligibility to 67; and it proposes $1.4 trillion in deficit reduction while de-funding the Affordable Care Act (ACA). The Congressional Budget Office (CBO) weighed in with its own analysis by the end of the week, finding that seniors and people with disabilities would face significant increases in their out-of-pocket costs under the Ryan proposal. As for Medicaid, the CBO found that federal funding under a new block grant approach would be more predictable, but it would lead to greater uncertainty for states as to whether the federal contribution would be sufficient during periods of economic weakness.

By a vote of 87 to 12, the Senate last week approved legislation to repeal the widely unpopular 1099 reporting requirement buried in last year’s health reform law. The requirement would have driven up costs and created administrative hassles for small businesses, and Aetna insurance argued for the repeal. The bill also would repeal a similar 1099 reporting requirement related to rental property. The legislation was approved by the House in early March, which means it goes to the President for his certain signature.  Although Senator Menendez (D-NJ) tried to amend the bill (to nullify the Republican “pay for” provision), the effort fell short. No further floor drama surfaced, and the bill passed easily. An additional takeaway is the fact that Republicans and Democrats cooperated legislatively to actually amend ACA.

Wednesday, April 6th, 2011

Rep. John Zerwas, the Republican legislator who has filed legislation to implement a key element of federal health care reform, said his bill may be permanently stuck. Zerwas proposed establishing a Texas health insurance exchange not because he approves of federal health reform but because he fears the federal government will do it for Texas. But Zerwas said he’s been told Gov. Rick Perry’s does not support the measure, though Perry’s office didn’t say whether the governor would veto the bill. The legislation was heard in a House committee but has been left pending. Zerwas said it would be voted out only if there’s movement in Congress or in the courts that makes it necessary.

Wednesday, April 6th, 2011

On March 23, Republican Congressman Joe Pitts, Chairman of the Health Subcommittee of the House Energy and Commerce Committee, held a public hearing in Harrisburg to mark the one-year anniversary of PPACA. In testimony before the Committee, Governor Tom Corbett, who as Attorney General joined Pennsylvania in the multi-state suit against the law, reiterated his belief that the law’s Pennsylvania health insurance individual mandate is unconstitutional. He further noted he has joined 27 other governors in petitioning the Obama Administration to call for expedited Supreme Court review of suits challenging the law. Acting Insurance Commissioner Michael Consedine and Acting Department of Public Welfare Secretary Gary Alexander discussed the regulatory and financial burdens imposed by the law. Specifically, Commissioner Consedine claimed the law’s initial reforms have already resulted in premium increases of up to 9 percent. Secretary Alexander said the law’s scheduled expansion of Medicaid will result in 891,000 additional state enrollees by 2019.

Wednesday, April 6th, 2011

Gov. Mary Fallin is defending her efforts to create an Oklahoma health insurance exchange for uninsured Oklahoma residents, explaining that if the state does not have an exchange in place by 2013 the federal government will step in and create its own. Fallin discussed her support for legislation to help create the exchange just four days after a dozen demonstrators carrying signs and American flags protested her appearance before the Tulsa Health Underwriters Association. Her appearance came on the heels of her decision to accept a $54 million federal grant to implement a health insurance exchange. Opponents say creating an insurance exchange is a step toward implementing an unpopular federal health care overhaul law. The House has passed a measure to create an advisory board to help implement an insurance information exchange originally created by lawmakers in 2009. Part of the state’s Insure Oklahoma program to reduce the number of uninsured Oklahomans, the board would identify health insurance plans, what they cover and how much they cost.

Wednesday, April 6th, 2011

Lt. Gov. Mary Taylor, who also serves as the Director of the Department of Insurance, has disbanded the Ohio Health insurance Care Coverage and Quality Council, saying the Department needs to focus on implementing federal health care reform. She noted, however, that two council subgroups, the Payment Reform Task Force and Enhanced Primary Care Medical Home Task Force, will serve as advisory bodies for the Governor’s Office of Health Transformation. In addition, Governor Kasich unveiled his biennial budget proposal, which includes a new Public Employees Health Care Program to develop a health insurance pooling program for local governments, higher education institutions and school districts that choose to enroll their employees.

Wednesday, April 6th, 2011

Governor Susana Martinez has two PPACA-related bills on her desk. The legislature passed an New Mexico health insurance exchange bill that would create a nonprofit public corporation with the ability to selectively contract with health plans. Throughout the legislative session, the governor expressed concerns about the direction the bill was taking and questioned the need to enact the measure this year. The second bill would increase the state’s regulatory authority for the review of rates by permitting consideration of a carrier’s overall financial condition, executive compensation, surplus, efforts to control costs and improve quality, changes to benefits, and consumer comments collected over a 30-day period. Requests for rate increases would be capped at 15 percent and have to be explained in plain language on the Insurance Division’s website. After review by the Superintendent of Insurance, the Public Regulation Commission would have the authority to conduct a second review and return a rate request that it does not deem reasonable.

Wednesday, April 6th, 2011

Legislation to create the Silver State Nevada Health Insurance Exchange was introduced last week on the last day for bill introductions and has been referred to the Committee on Commerce, Labor, and Energy. No hearing has been scheduled. The bill contains the basic framework and governance structure for the health insurance exchange, and would require development of an implementation plan by the end of 2011. In its current form, the bill supports a market-based mechanism that would facilitate the purchase of insurance by individuals and small employers.

The Department of Public Health and Human Services held two stakeholder meetings to educate the public about health care reform, and gather feedback on how to establish a state insurance exchange. Presentations were made by Commissioner Brett Barratt and Bob Carey of the Public Consulting Group. The meetings provided an overview of the Nevada market, how the individual and small group market works today, and changes that will come in 2014 due to PPACA. Brokers in attendance raised a number of concerns, including how eligibility will be determined and the need for licensing and regulatory oversight of navigators.

Wednesday, April 6th, 2011

The Louisiana Department of Insurance filed its request with HHS for a waiver of the MLR requirements for the Louisiana health insurance individual market.  Louisiana joins eight other states in filing for a waiver. Louisiana is proposing a phase-in until 2014.

Wednesday, April 6th, 2011

The Democrats returned to the state Capitol on Monday of last week, almost five weeks after they fled the state to protest several bills they said would weaken organized labor. The move eclipsed a dubious national record – Indiana legislators claim the longest quorum-busting walkout in U.S. legislative history. Indiana health insurance bills are expected to have hearings over the next several weeks. In addition, the status of the Healthy Indiana Plan (HIP) in relation to the new federal health care law is still unknown.  Governor Mitch Daniels and state officials have pressed federal Medicaid officials to indicate whether the HIP can continue beyond the scheduled Dec. 12, 2012 expiration of a waiver that allows the state to divert Medicaid funds for the program.  The Daniels administration plans to ask the Centers for Medicaid and Medicare Services (CMS) to approve an amended state plan to allow the existing HIP program to cover Medicaid expansions under the new federal law.  A top concern is that HIP’s Medicaid waiver expires a full year before the federal Medicaid expansion. However, Indiana needs to plan now for how it will enroll as many as 500,000 newly eligible recipients, whether through HIP, traditional Medicaid, or another program. Legislation currently pending in the legislature would require minimum monthly payments of $8.33 per month, or $100 annually.

Wednesday, April 6th, 2011

A bill that would apply prompt payment of Georgia health insurance claims requirements to self-funded plans has been voted out of the Judiciary Committee.  As reported previously, the Chamber and other health plans are working continuously to defeat the legislation. However, providers are actively lobbying  for it and are making significant progress.  The bill is now in the Rules Committee and is expected to move to the floor of the legislature for debate.