A weekly compilation from Aetna of health care-related developments in Washington, D.C. and state legislatures across the country
Thursday, November 20th, 2008The pressure is mounting on President-elect Barack Obama to do something about health care reform sooner rather than later. Senator Max Baucus last week unveiled his plan (see below) to reform health care, and Senator Ted Kennedy is expected to do the same in the near future. Outside the Capitol, The Business Roundtable, the National Federation of Independent Businesses, AARP and the Service Employees International Union are pressing, in a letter sent last week, Obama to make an overhaul of health care a priority in his Administration’s first 100 days. This timeframe would be a monumental challenge, given the nation’s economic woes.
Federal
Senator Baucus, Chairman of the Senate Finance Committee, released an 89-page blueprint for health care reform titled “Call to Action: Health Care Reform 2009.” The plan calls for several policies with which Aetna agrees, including an individual mandate, subsidies for low-income individuals, expanded health information technology, tax credits to small businesses, Medicaid and SCHIP expansion, a comparative effectiveness research institute, medical liability system reform and a strong focus on primary care, wellness, prevention, transparency and quality care. But some aspects of the plan are problematic: a “play or pay” employer mandate; a federal health insurance exchange (similar to the Massachusetts Connector); a competing public plan; and lowering Medicare Advantage payments. Aetna has been helping to inform the Senator’s health reform plan, through Aetna Chairman Ron Williams’ testimony before Congress in June, and through both formal and informal conversations. Senator Kennedy also plans to release a health reform proposal later in the year, and Aetna has been invited to participate in those conversations as well. Whether the two proposals can be forged into one legislative package by January remains to be seen, but it seems clear that each will support a major push for health care reform early in 2009.
States
ARIZONA: Proposition 101, a ballot measure billed as an attempt to amend the state constitution to protect the rights of Arizonans to make their own health care and health insurance choices, was defeated by fewer than 11,000 votes. Proponents argued the measure would prevent the government from enacting a single-payer health care system. However, the scope of the language helped fuel the argument that it would apply to the state’s Medicaid/SCHIP programs and private managed care plans as well. Legal experts opined that if the measure had passed, a strong case could be made that the state’s use of private plans to deliver Medicaid benefits limits consumers’ choice of providers. Likewise, commercial plans’ use of physician networks could have come under legal scrutiny.
MAINE: As expected, the “People’s Veto” measure has passed, repealing the newly enacted beer, wine and soda taxes that would have replaced the savings offset payment (SOP) used to provide subsidies for the state’s Dirigo Health plan. The legislature passed the beverage taxes to avoid contentious litigation around the SOP and to create an equitable, sustainable funding mechanism for Dirigo. Currently, the SOP is levied on health plans and TPAs according to a formula that has been challenged every year since its inception in 2003. The SOP for 2008 was reduced from $140 million to $48 million and is the subject of litigation again this year.
NEW YORK: In anticipation of the legislative special session set for November 18, Governor David Paterson has proposed increasing the covered lives assessment by $120 million this year and next, a move already defeated once in 2008 by the State Senate. The Governor also proposed shifting the funding source for mental-health parity small employer subsidies to the revenue stream raised by insurance taxes known as “HCRA” (the Health Care Reform Act). This shift would amount to $88 million this year and $91 million next year. The state set aside $100 million annually to subsidize small businesses when it passed the mental-health parity law. It is not clear what would happen to the additional $21 million for the two years. The Governor also reintroduced his proposal to increase the State Department of Insurance’s Section 332 assessment, which is a tax on all lines of insurance premiums. The Republican majority will continue to control the state Senate until January 2009 and remains committed to opposing new taxes.
PENNSYLVANIA: The House Insurance Committee held a three-hour roundtable discussion last week with Highmark, IBC, the insurer trade representative, providers, Capital Blue Cross and UPMC Health Plan of PA concerning the proposed Highmark-IBC consolidation. The contentious meeting pitted the insurance industry against Ken Melani of Highmark. Highmark dismissed the Department’s expert report on competition as an academic exercise completed during a different economic climate (this past September). This could open the consolidation to the same argument: the Blues projections were based on a different economic environment. The House Insurance Committee plans to meet again on November 19 to discuss what, if anything, it will recommend to the Insurance Commissioner. The House and the Senate Banking and Insurance Committees have until November 29 to submit comments to the Insurance Commissioner. It is not clear what position the House will take. The Senate (at least as a majority position) is prepared to recommend disapproval or conditional approval.
Resources
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