Volume 13, Issue 10   |   August 11, 2009

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Federal Healthcare Reform Analysis (Update #2)

The Healthcare Reform debate continues to dominate Washington, with draft bills moving through congressional committees towards an anticipated September debate. The Healthcare Reform bills passed through committees in the House and Senate to date have been officially named America’s Affordable Health Choices Act. Congress is on recess through Labor Day; however legislative leaders will continue behind the scenes negotiations as well as public relations efforts to build public support for their proposals.

This issue of Insight provides an update on the legislative efforts to date and key policy issues for employers.

   CONGRESSIONAL UPDATE
Senate Activities
The Health, Education, Labor and Pensions (H.E.L.P.) committee passed the Affordable Health Choices Act from committee on July 15, 2009. The bill, passed with a 13-10 vote strictly along party lines, tracks closely with the House bill in representing the majority Democratic positions on Healthcare Reform issues.

Finance committee negotiations on a bill are ongoing, and include several high-profile moderate Republicans in the only major effort toward bipartisan legislation. These negotiations, combined with the input of more conservative Democrats, are leading towards a bill with a markedly different approach to some of the major Healthcare Reform issues, including an employer mandate, funding sources, and a public plan option.

The Finance committee has set a revised deadline of September 15 to pass the bill from committee. Once the bill is passed from the Finance committee, the Senate will work to reconcile policy differences between the Finance and Health committee bills.
House Activities
The Ways and Means, Energy and Commerce and Education and Labor committees have all passed versions of the Affordable Health Choices Act. The similar bills will be reconciled and debated by the full House of Representatives after the Labor Day holiday.

 

   policy issues for employers
Employer Mandate

Both House and Senate bills include employer mandates that would require all but the smallest employers to provide health insurance for employees.  The bills require a minimum employer contribution (60% - 72.5% for employees) towards the cost of insurance. The Senate Finance Committee’s position on this point is still under consideration, although at this time it appears likely that an employer mandate of some sort will be included in a final bill.

Mandated Benefit Levels

Along with mandating employers to provide coverage, both bills include minimum acceptable benefit levels for qualifying plans, including required coverage for hospital services, physician services, medical equipment, maternity, prescription drugs, rehabilitation, and mental health and substance abuse services. Annual and lifetime limits on benefits would be prohibited. The House bill also defines limits on participant costs, including annual out-of-pocket limits of $5,000 individual / $10,000 family and a general requirement that participant cost sharing overall be restricted to 30% or less of the total actuarial value of the insurance policy.

Public Plan

The most controversial component of proposed legislation is the creation of a public plan option that would offer coverage to individuals through a federal government-sponsored insurance plan. The main concern among opponents is that the government can simply set rates and propose requirements that would overly subsidize the public coverage option, pricing private insurers out of the market. The two main points of contention are:

1. Will there be a public option in the model of Medicare?  
2. How would a public plan set reimbursement rates for providers? Medicare rates are unilaterally set by the federal government and generally under-compensate providers, while private insurers must negotiate directly with providers and in many cases pay higher rates to make up for lower public (Medicare and Medicaid) reimbursement rates.    
Funding

Both the House and Senate expect the final bill to cost approximately $1 trillion over the course of the initial 10-year budgeting period, and are committed to including new sources of funding to fully pay for Healthcare Reform.  Funding is expected to come from several sources, including Medicare and Medicaid (rate changes, reducing insurer subsidies, and system reforms); however, a substantial portion of the $1 trillion cost remains to be funded. The House bill includes an income tax increase on high-earners, and the Senate Finance Committee has yet to disclose a preferred funding mechanism.

Cost Control 
During his campaign, President Obama correctly identified the rapid rise in healthcare costs as both a primary reason for the number of uninsured and a direct threat to the stability of employer-sponsored benefits. However, to date, Congress has been reluctant to make the difficult choices that would reduce costs or the rate of cost increases in the current healthcare system. In fact, the Congressional Budget Office recently stated in testimony to Congress that the current proposals would not only increase the federal deficit, but also increase the rate of healthcare cost inflation.
Implementation Dates

The House bill’s provisions would come into effect beginning in 2013. The Senate Health Committee bill’s provisions would begin to phase in as early as 2010 and 2011.

 

   TIMELINE UPDATES
Congress returns from recess after Labor Day. The Senate Finance committee has extended their internal deadline to produce a bill by September 15, and the House will likely commence floor debate in early September as well.

A harder deadline remains set for mid-October. Highly controversial “budget reconciliation” rules passed earlier in the year allow the Democrats to pass the Healthcare Reform bills by October 15 with simple majorities and limited debate.

 

Questions or Comments?
Please submit your questions or comments regarding this issue to info@arlengroup.com or call (925) 945-3017.

 

The Insight newsletter is not intended to provide legal advice but perspective on recent regulatory issues, trends and standards affecting employee benefits. Please consult your own legal counsel for further information on the topics discussed in this issue of Insight.

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