Category: ACA

States and Trump Administration Push to Roll Back Health Care Gains

  

The Trump administration’s repeated dismissal of some of the most important provisions of the Affordable Care Act (ACA) – such as its protections for individuals with pre-existing conditions and its requirement for insurers to cover Essential Health Benefits – has been evident for some time. Now a Government Accountability Office (GAO) report places much of the blame for the dip in ACA enrollment last year at the feet of the administration.

8.7 million Americans enrolled in health insurance plans offered through the ACA’s individual health insurance marketplace in 2018, a five percent decline from the 9.2 million who enrolled in plans in 2017. The report attributes much of this decline to the administration’s failure to set enrollment targets, reduction in funding for outreach and enrollment, confusing messaging, and chaotic policy decisions – including the decision to end cost-sharing reduction payments.

ANA joined with other patient and provider groups in an attempt to fill some of this gap through its own Open Enrollment advocacy and outreach campaign in late 2017, which resulted in more than 40,000 visits to Healthcare.gov as well as local and national media visibility. GAO recommended that the administration set enrollment targets for 2019 to alleviate this decline, though given the administration’s repeated sabotage of the law – including its work with Congress to try to repeal it – this seems highly unlikely to happen.

Regardless of what happens at the federal level, states are still attempting to implement policies that erode access to quality, affordable health care. Three states (Arkansas, Indiana, and New Hampshire) have implemented CMS-approved 1115 Medicaid waivers that impose work requirements on certain adult Medicaid beneficiaries (Kentucky’s work requirements policy was recently invalidated in federal court). Several other states, such as Ohio, have pending 1115 Medicaid waivers that would allow them to impose work requirements on certain adult Medicaid beneficiaries.

Worryingly, some states such as Mississippi – which hasn’t expanded Medicaid – have also applied for waivers to impose work requirements, which would greatly restrict access to care for some of the most vulnerable Americans. And Tennessee has submitted a waiver request to the administration that would bar Planned Parenthood from participating in its Medicaid program – and in the process prevent hundreds of thousands of Tennessee residents from accessing critical health care services. All of these restrictive proposals, of course, require federal approval, which the Trump administration seems to be strongly inclined to grant.

ANA firmly believes in universal access to comprehensive and affordable healthcare services for all Americans. These recent moves by both the Trump administration and state governments fly directly in the face of that goal and represent major steps backward in the effort to ensure that all Americans – especially vulnerable populations such as low-income women and those with pre-existing conditions – have access to all necessary healthcare services.

Healthcare stands to be a major issue in the 2018 midterm elections – 22 percent of respondents to a June 2018 NBC News/Wall Street Journal poll named healthcare as the most important factor in deciding their vote. These elections in November are an incredibly important opportunity for ANA’s members to make their voices heard when it comes to determining the future of healthcare in this country. We urge you to make nursing’s voice heard loud and clear by supporting candidates who align with ANA’s principles for health system transformation and who are proven to be advocates for nurses and their patients!

Short-Term and Association Health Plan Rules Sell Patients Short

  

The Trump administration is set to implement two regulatory policies over the next several months that stand to create significant disruption in the individual health insurance market. The U.S. Department of Health and Human Services (HHS) recently published a final rule on short-term, limited duration insurance plans while the U.S. Department of Labor (DOL) recently published a final rule expanding the availability of Association Health Plans (AHPs).

HHS on August 3rd published its final rule implementing changes to short-term, limited duration insurance plans (ANA voiced its opposition to this proposed rule in April). These plans were initially intended as a stopgap in the event that an individual temporarily lost health insurance coverage. This final rule allows these plans to last for up to 12 months, up from three months under previous regulations, and allows them to be renewed for up to 36 months. These plans are not subject to the Essential Health Benefits (EHBs) requirements under the Affordable Care Act (ACA). The short-term, limited duration insurance final rule will take effect on October 3rd, 2018.

DOL on June 21st published its final rule implementing changes to AHPs (ANA voiced its opposition to this proposed rule in March). AHPs have been around for decades and are considered employer-sponsored insurance plans, and are thus not subject to certain ACA requirements for individual health insurance coverage, including the coverage of EHBs. The DOL final rule expands the definition of “employer” under regulations governing AHPs, and thus expands the types of employers and associations that can form AHPs. The AHPs final rule will take effect on August 20th, 2018.

Both final rules expand the availability of individual health insurance coverage that is not subject to the EHBs requirements under the ACA. These rules will facilitate the proliferation of insurance coverage that does not cover EHBs; the Congressional Budget Office estimates that six million more Americans will be covered by such insurance plans by 2023. This will make it more difficult for older individuals and those with pre-existing conditions to purchase individual health insurance coverage while driving up prices in the federal and state health insurance exchanges and threatening to fracture the national healthcare system framework established under the ACA.

States are already pushing back against these rules. New York and Massachusetts have sued the Trump administration over the expansion of AHPs, which they claim will “invite fraud, mismanagement, and deception.” And states have the power to regulate short-term, limited duration plans, some of which, including Maryland and Vermont, have already done so. States including Pennsylvania and Virginia have also expressed deep concerns over these as well as the fact that insurance brokers often use deceptive marketing tactics to promote them.

ANA strongly supports innovation and creative approaches to ensuring comprehensive, affordable healthcare coverage for all Americans. These proposals, however, have the opposite effect by driving up premium prices, pushing individuals in at-risk populations out of the insurance market, and widening population health disparities. Healthcare stands to be a major issue in the 2018 midterm elections – 22 percent of respondents to a June 2018 NBC News/Wall Street Journal poll named healthcare as the most important factor in deciding their vote. ANA urges its members and anyone concerned about nursing issues to support candidates who uphold our core values and principles for health system transformation. It is vital that nurses’ voices as the nation’s most honest and ethical profession are heard in the public sphere, and that nurses make their influence known.

Trump Administration Intensifies Efforts to Erode Nation’s Access to Healthcare

  

The Trump administration has recently escalated its attacks on the health system under the Affordable Care Act (ACA) and continues to undermine the ability of Americans – particularly low-income women and individuals with pre-existing conditions – to access affordable and comprehensive healthcare coverage. These policy decisions – which come at the same time as a U.S. Supreme Court ruling with implications for access to reproductive healthcare services – are certain to erode the healthcare coverage gains made since 2010 and create significant harm, risk, and uncertainty for some of America’s most vulnerable populations.

The Centers for Medicare & Medicaid Services (CMS) on July 10 announced that it would further cut grants to nonprofit organizations that assist individuals in signing up for health insurance coverage on the ACA’s individual market. The federal government provided $63 million to such organizations in 2016, $36 million in 2017, and will provide only $10 million this year – a total reduction of roughly 84 percent. CMS, in another significant shift, will also encourage such organizations to enroll individuals in Association Health Plans (AHPs) as opposed to the more comprehensive ACA health plans. These plans – which the administration expanded last month and which ANA strongly opposes – offer coverage without essential health benefits guarantees and will disadvantage individuals with pre-existing conditions.

The administration argues that insurance companies and brokers are much better at enrolling individuals into insurance plans, and that AHPs offer a less expensive option for Americans struggling to pay for health insurance. However, despite major outreach efforts last year by outside groups – including ANA – to enroll individuals in ACA plans, enrollment dipped for the first time since the law was implemented. Meanwhile, the expansion of AHPs will result in higher premiums and fewer coverage options for Americans with pre-existing conditions, while individuals who purchase coverage through an AHP will have less comprehensive coverage than what is required of ACA health plans.

The administration on July 7 also announced that it would suspend billions of dollars in risk adjustment payments required by the ACA to be paid to insurance companies. These payments are intended to stabilize the individual market by preventing insurance companies from only seeking out healthy individuals and encouraging them to promote coverage for individuals with costly pre-existing conditions.

Suspending these payments creates uncertainty in the individual market, just as insurance companies are determining premiums for calendar year 2019, and could significantly increase premiums in the individual market. The administration’s moves to expand the use of AHPs and decrease the amount of funding available for outreach could be disastrous for individuals who purchase health coverage through the individual market and will likely lead to another year in which the number of Americans without health insurance coverages rises.

The administration, however, has not only taken aim at the ACA’s healthcare coverage regulations. In June, the administration issued a proposal to change regulations related to Title X funding, which provides grants for critical family planning services for millions of Americans, particularly low-income women. This proposed rule would prohibit a recipient of Title X funding from “performing, promoting, referring for, or supporting, abortion as a method of family planning, nor take any other affirmative action to assist a patient to secure such an abortion.” This represents a gag order on providers and denies patients full medical information. This was recently bolstered by the U.S. Supreme Court ruling in NIFLA v. Becerra, where the Court ruled that it is unconstitutional on First Amendment grounds for the state of California to require family planning facilities to post information about state-sponsored abortion services.

This is antithetical to the Code of Ethics for Nurses which states that the nurse’s primary commitment is to the patient, whether an individual, family, group, community, or population. This proposed rule interferes with that relationship and violates basic ethics of the profession, while threatening the ability of millions of Americans to access basic, preventive reproductive health care, such as birth control, cancer screenings, STI testing and treatment, and well-woman exams. The uninsured, women of color and low-income families will be disproportionately affected if the clinics and health centers in their communities can no longer offer the needed care and critical medical information.

ANA firmly believes in universal access to comprehensive and affordable healthcare services for all Americans. The recent moves by the Trump administration fly directly in the face of that goal and represent major steps backward in the effort to ensure that all Americans – especially vulnerable populations such as low-income women and those with pre-existing conditions – have access to all necessary healthcare services. The midterm elections this November are an incredibly important opportunity for ANA’s members to make their voices heard when it comes to determining the future of healthcare in this country. We urge you to make nursing’s voice heard loud and clear by supporting candidates who align with ANA’s principles for health system transformation and who are proven to be advocates for nurses and their patients!