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AFFORDABLE CARE ACT: LEGAL & POLICY UPDATE AFFORDABLE CARE ACT: LEGAL & POLICY UPDATE

AFFORDABLE CARE ACT: LEGAL & POLICY UPDATE - PowerPoint Presentation

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AFFORDABLE CARE ACT: LEGAL & POLICY UPDATE - PPT Presentation

CKAHU 91316 Douglas L McSwain WYATT TARRANT amp COMBS LLP 250 W Main Street Ste 1600 Lexington KY 40507 859 2887415 dmcswainwyattfirmcom US House of Representatives v Burwell ID: 599033

amp risk burwell what

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Slide1
Slide2

AFFORDABLE CARE ACT: LEGAL & POLICY UPDATE

(CKAHU - 9/13/16)

Douglas L. McSwain

WYATT, TARRANT & COMBS, LLP

250 W. Main Street, Ste. 1600

Lexington, KY 40507

(859) 288-7415

dmcswain@wyattfirm.com

Slide3

U.S. House of Representatives v. Burwell

Just another “Obamacare” lawsuit?

Track record of suits so far

But, who’s counting?

What’s the dispute?“Standing” – separation of powersExchange policies – legality of cost sharing subsidiesDifferent from King v. BurwellSlide4

U.S. House of Representatives v. Burwell

Where’s the case now?

District Court rulings

DC Circuit Court appeal

SCOTUS?What’s the implications?Americans affected – 5-6MExchange market impact (premiums, carriers, federal budgetary)Ct. of claims lawsuits?Slide5

WHAT’S HAPPENING WITH THE

…………..

23

Risk

Corridor ProgramExchange customer risk pool – multiple factors impacting Employer mandate success

- “and then there were none”

(but not quite 0 yet)

X∆

MARKETS?

CO-OPs

?

See CBO Charts – next slideSlide6

Note: Figures are for non-Medicare pop. & incl. unauthorized persons;

Due to rounding and estimations, figures may not sum to 100%Slide7
Slide8

WHAT’S

HAPPENING WITH THE

X∆

MARKETS?

…………..Exchange customer risk pool – multiple factors impacting

Employer mandate success

Irony of premium subsidies

Enrollment abuses

Special

enrollment periods

(

SEPs

)

Certain

3

rd party purchases

Individual penalty – severity & exemptions

“Value” of exchange plans

Deductibles/co-pays

Networks – “is my doctor in it” – cost if not

Plan choice (insurer exits)

Premiums – will the feds regulate?Slide9

THOSE “PESKY” LAWSUITS

The

CO-OPs

“strike back”!

Guess who’s joining them?Breaking News Flash!See Next SlideSlide10

“. . . HHS

will explore other sources of funding for risk corridors payments, subject to the availability of [congressional] appropriations. . . . HHS recognizes that the [ACA] requires the Secretary to make full payments to issuers. HHS will record risk corridors payments due as an obligation of the United States Government for which full payment is required. We know that a number of issuers have sued in federal court seeking to obtain the risk corridors

amounts. .

. .

As in any lawsuit, the [DOJ] is vigorously defending those claims. . . . However, as in all cases where there is litigation risk, we are open to discussing resolution of those claims. We are willing to begin such discussions at any time.” CMS News Bulletin issued 9/9/16.CMS’ 9/9/16 ANNOUNCEMENTRe: RISK CORRIDOR PROGRAMSlide11

THOSE “PESKY” LAWSUITS

The

CO-OPs

“strike back”!

Central United Life v. Burwell (7/16)“What’s it all about, Alfie”?Standalone fixed indemnity plan prohibition But, is it really “Out”?

Out!Slide12

“Obamacare”

SUCCESS? FAILURE?

D E M

G O P

Dem Proposals

President’s

Hillary’s

Fix it!

GOP Proposals

Speaker Ryan’s

The Donald’s”

Repeal & Replace it!

Slide13

Attempts will (

must

) be tried to “Fix it”

Repeal unlikely - Alternatives 2 disruptiveSlide14

PREDICTIONS

Medicaid

Medicare

Public Option

Insurance MarketsCare DeliveryM & As

for what they’re worth - Slide15

QUESTIONS?