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Volume 13, Issue 10 |
August 11, 2009 |
See
Archives
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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.
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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.
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| 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.
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policy issues
for employers |
| Employer
Mandate
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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.
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| Mandated
Benefit Levels
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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.
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Public
Plan
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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:
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Will
there be a public option in the model of Medicare?
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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.
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Funding
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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.
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Cost
Control
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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.
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Implementation
Dates
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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.
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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. |
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Questions
or Comments?
Please submit
your questions or comments regarding this issue to info@arlengroup.com
or call (925) 945-3017.
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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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CA 94104 | 415-733-7000
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