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Commonwealth Fund Briefing Commonwealth Fund Briefing

Commonwealth Fund Briefing - PowerPoint Presentation

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Commonwealth Fund Briefing - PPT Presentation

Impact of AssociationShortTerm Health Plans on States and Consumers Introduction Sara Collins PhD Vice President Health Care Coverage and Access The Commonwealth Fund Commonwealth Fund Briefing ID: 697328

plans health association state health plans state association ahps insurance aca authority states market federal proposed fraud risk rules erisa ahp insolvency

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Slide1

Commonwealth Fund Briefing

Impact of Association/Short-Term Health Plans on States and ConsumersSlide2

Introduction

Sara Collins, Ph.D.

Vice President, Health Care Coverage and Access

The Commonwealth Fund

Commonwealth Fund BriefingSlide3

Implementing

The Presidential Executive Order

Association Health Plans

A framework to increase risk of fraud, insolvency and market instability

January 25, 2018

Kevin Lucia, J.D., M.H.P.

3Slide4

Presidential Executive Order

October, 2017

Expand

the availability of and access to alternatives to

ACA-compliant insurance

Short-Term Limited Durational

Plans (STLDPs)Proposed Regulations at

OMB

Association Health Plans (AHPs)

Proposed

Regulations Released January 5, 2018Health Reimbursement Arrangements (HRAs)Augmented by loss of the individual mandate

4Slide5

Short-Term Limited Durational Plans

Executive

Order

Proposed regulations expected anytime

Expand

availability of

STLDPs

Longer duration, renewable

Exempt

from ACA market

rules

States have few, if any, standards for STLDPsImplicationsAbility to cherry-pick healthy individualsDestabilizes regulated individual marketStates may closely regulate STLDPs5Slide6

Association Health

Plans

Executive Order

Allow individuals

and small employers to purchase health insurance across state lines through

professional

or trade associations

.HistoryProposal repeatedly defeated in Congress

Rejected

by

a broad spectrum of stakeholders, including the National Association of Insurance Commissioners

History of fraud, insolvency and market instability6Slide7

Association Health

Plans

Under Proposed Regulation, AHPs can:

Form for

the sole purpose of offering health

insurance

Form without any

common interest beyond shared industry

or

shared location

Cover members of all sizes, including

self-employed individuals and sole proprietors (“working owners”)Be considered “large group” coverage under federal lawNot comply with critical market rules and consumer protections, including coverage of EHBCharge higher rates, beyond those permissible under the ACA, based on factors such as age, gender, occupation, and group sizeNo “health status”

of

member groups to determine eligibility, premiums, or benefits

7Slide8

Association Health

Plans

Regulatory Takeaways

Easy

to

Form

Easy to expand across state

lines

Uneven playing field between AHP and

ACA compliant markets

Open questions on continued scope of

state authority8Slide9

Association Health

Plans

Risks

Increased Risk of:

Fraud

Insolvency

Market

Segmentation

9Slide10

Association Health

Plans

Critical Question

Limiting state authority increases risk of AHP fraud, insolvency and

market instability

Questions

To what extent can states regulate AHPs without being inconsistent

with

the proposed federal framework for AHPs?

In the future, will federal regulators exempt certain AHPs from much of state authority?

10Slide11

Thank you!

Kevin Lucia

, J.D., M.H.P

.

Research Professor

Georgetown University

Center on Health Insurance Reforms

kwl@georgetown.edu

202-687-4928

11Slide12

DC Health Benefit Exchange Authority

Mila Kofman, Executive Director

Commonwealth FundSlide13

Proposed U.S. Dep’t of Labor Rule and Request for Information: Association Health Plans (AHPs)

Many efforts by the Administration to

destabilize the ACA through

Administrative actions.In all areas states can take action to keep their markets stable and affordable.

EXCEPTION: proposal on AHPs

Proposal on AHPs: preemption of states (at best not clear and will have to be litigated). U.S. Dep’t of Labor reinterpreted ERISA (setting aside 45 years of guidance).

ERISA (Employee Retirement Income Security Act of 1974) applies to pension and health plans offered by private employers. Restricts state oversight and state standards.

13Slide14

AHP Proposal Consequences:

Opens door to fraud and

scams, insolvencies, and market collapse

New ERISA ambiguity opens the door to scams. Long history of criminals using ERISA as a shield to evade state law

collect premium for fake insurance and leave small businesses and individuals with millions in unpaid medical bills. (last cycle of scams: more than $250 million in unpaid medical bills)

fake Unions, fake associations;

Promoters challenge state actions arguing ERISA preempts states

Victims: real associations, small businesses and self-employed people14Slide15

U.S. Dep’t of Labor cannot

protect businesses and individuals:

S

tate insurance regulators: prevent, quickly find, and quickly shut down scams (licensing, on the ground, and broad authority)

U.S. Dep’t of Labor: can’t prevent, can’t find quickly, and can’t shut down a scam quickly

Look at plans once every 300 years (

Olena

Berg testimony)Cease and Desist (C&D) authority under ACA used once (Nov 2017) -- C&D authority is similar to state authority to shut down a scam without going to court. Nov 2017 action: went to court, delay means additional victims being scammed and assets continue to be depleted (58% to 85% of premium was paid for admin expenses; $26m left in unpaid medical bills)Registration requirement for AHPs called Form M1 – no evidence of actual review (2004 Georgetown study; 2012 Deloitte study); incorrect or incomplete registrations; $1000/day fine 15Slide16

Christopher Koller

President

Slide

16Slide17

Value of Association Health Plans

for Employers is Perceived Choice and Control AHP’s can only offer lower costs ifThey offer fewer benefits

They take the younger, healthier patients from the general risk pool

No “group purchasing power” for medical services

AHPs do generate revenue for the broker/aggregator

1/25/2018Slide 17Slide18

AHP rules will lead to variety of enforcement stances by State DOIs

- So long as no Federal pre-emption,

s

ome states will aggressively enforce and oversee AHPs, as in pre-ACA era:Marketing rules, membership rules, out of state oversight, certification. (see WA)

Others will not actively enforce.

Compare to original construct of ACA where state oversight was done within federal framework.

1/25/2018

Slide 18Slide19

As Result – Insurance Stability and Consumer Protections will Vary

1/25/2018

Slide

19

Risks

- Loss of healthy people from risk pool - Fraud and insolvency of AHP - Consumer information/benefits disclosure - Complaints and investigations. These risks increase if federal pre-emption granted to AHP’s- enforcement reverts to USDOL: which acknowledges it does not the resources for the

work