The Patient Protection and
Affordable Care Act (PPACA) of March 23, 2010 Part I of an II Part Article
Please Also See: The Patient Protection and Affordable Care Act of March 23,
2010-Part II
(5/30/24)- Over 21.3 million people have signed up for coverage on the Affordable Care Act’s
marketplace for 2024, which for the 3rd year in a row was a record. Subsidies
have been extended through 2025.
4.3 million have signed up in Florida; 3.5 million in Texas and 1.3 million in
Georgia, all states that have not signed up for the expansion of Medicaid. 10
states still have not signed up for Expanded Medicaid.
(4/9/23)- North Carolina became the 40th
state to approve the expanded Medicare provision under the terms of the Patient
Protection and Affordable Care Act of March 23, 2010.
The state currently has 2.9 of its residents as beneficiaries of Medicare.
Advocates of the expanded coverage that about 600,000 more residents would now
become covered.
(4/7/22)- The Biden administration announced a new
regulation that would allow the relatives of people with health-care coverage
through their employer to qualify for financial assistance if they buy
insurance on the Obamacare marketplaces.
The law as written,
restricted access to those subsidies for people whose work-place insurance is
affordable, and previous interpretations had held that their relatives were
ineligible, even if the employer did not offer an affordable family plan.
(1/12/21)- The actual total enrollment number of
beneficiaries who signed up for enrollment in the federal marketplace exchange
for the 33 states involved turned out to be 13.8 million, which represented a
21% increase over last year’s enrollment.
The $1.9 trillion
Covid relief package included a 2-year subsidy that lowered premiums for
millions of consumers.
During the recent
expanded enrollment period, 9.7 million people enrolled in, or were
automatically enrolled in coverage in the 33 states that us Health.Care.gov
through December 15.
In the 18 states and
the District of Columbia that use their own exchanges, more than 4 million
people selected plans, or were re-enrolled through December 25 in coverage
starting this year. 15% of those being covered under ACA were new enrollees for
2022.
(12/24/21)-With the extension of enrollment lasting
until January 15, 2022 into the federal marketplace.gov ,
a record number of 13.6 million Americans have already signed on. The Biden
administration boosted advertising for the program and allocated more funding
for organizations that assisted people in explain the different options
available. Congress chipped in by lowering the cost of Obamacare insurance
through various subsidies for the participants
All these elements
have resulted in more than 3 million new additional participants in the
Affordable Care Act than in any previous year
Some of the
individual states that run their own program open to its residents have
open enrollment into February.
(11/8/21)-Marketplace enrollment reached a record high
of 12.2 million people after a special pandemic enrollment period that ended in
August, according to the Kaiser Family Foundation.
There is about a 3
percent decrease in premiums on average, according to a report from the federal
government.
Starting in 2022, a
new federal law will take effect, where all health insurance plans must cover
at a plan’s network, all emergency care costs at the plan’s rate even if a
non-network professional provides the service. The same rule applies if the
care is administered at a plan’s in-network hospital’s rate.
(6/22/21)- The U. S. Supreme Court rejected
a challenge to the Affordable Care Act in a 7 to 2 decision, ruling the
plaintiffs, backed by the Trump administration, lacked standing to bring the
case. This was the 3rd attempt by Republicans to have the law
declared unconstitutional.
The decision’s
opinion was written by Justice Stephen Breyer concluded that none of the
plaintiffs suffered any injury from Congress’ reducing to zero the tax penalty
for individuals failing to have health insurance.
(3/26/21)- The special enrollment period for Americans to sign up for Affordable Care Act health plans will continue through Aug. 15, the
Biden administration announced Tuesday: The administration already extended the
enrollment period earlier this year but felt even more
additional time was needed because of the number of workers who lost their
coverage because of being laid off during the pandemic, thus losing their
coverage under their employer plans.
(2/4/21)- President
Biden has signed an executive order that creates a 90-day enrollment period
starting February 15 on the federal insurance marketplace created under the
terms of ACA. At the same time, the government will begin an outreach program
with paid advertising and direct-to-consumer advertising that will inform the
public about the program. The previous administration had cut back sharply the
effort to inform people in the 36 states that use marketplace.gov.of its availability
The 14 states that use their own marketplace are likely to follow suit.
California has already announced that it would do so. The Biden order would
reopen the marketplace to all Americans, without requiring them to provide
paperwork proving their eligibility.
It is estimated that there are about 14 million Americans who do not have
any health insurance, and the Kaiser Family Foundation estimates that about 4
million of them would qualify for a plan without premiums.
(1/1/11)- In the 36
states that have Medicaid expansion provisions, enrollment has grown by22.2
percent between February and November, according to a paper from Manatt Health.
In the marketplace run by the federal government, sign-ups have increased
6.6%, compared with last year.
(11/3/20)- Open
enrollment for health-care coverage under the terms of the Affordable Care Act
began Sunday, November 1 and runs through December 15 in the 36 states that
rely on the federal exchange, HealthCare.gov, with some individual state
marketplaces open for slightly longer timeframes.
Coverage will start on January 1, 2021. Subsidies will vary that will
lower the cost of the premium and out-of-pocket expenses. The Supreme Court is
scheduled to hear a challenge to the Act starting November 10.
An estimate 5.4 million people lost their health-insurance coverage
between February and May when they were laid off because of the pandemic,
according to Family USA.
Premiums for one of the most popular benchmark plans dropped 2% for the
2021 coverage year for the states that use the federal marketplace, according
to the Centers for Medicare and Medicaid Services.
Twenty-two more insurers will offer plans on the federal exchange in
2021, for a total of 181 health-insurance companies.
(9/29/20)-Analysts from
Avalere Health have predicted that about 12 million Americans will lose their
employer health care coverage by the end of this year.
The latest figures indicate that there are 13.6 million unemployed
workers who may lose their employer health care coverage, and many employers are
abandoning health care coverage benefits to their employees as they seek to
reduce their costs.
Another complicating matter is that the Affordable Care Act may be
eliminated, and with it the elimination of state and federal marketplaces to
buy their health care coverage.
(7/15/20)- A study by the nonpartisan consumer advocacy group
Families USA indicates that 5.4 million American workers lost their health
insurance between February and March because of job losses due to layoff during
the pandemic. This was a greater number of health insurance coverage loss than
occurred in any year.
The nonpartisan
Kaiser Family Foundation has estimated that 27 million Americans have lost
health-insurance coverage during the pandemic, with that study including
families of workers who lost their coverage because of layoffs.
(5/1/20)- In an
8-to-1, the U. S. Supreme Court ruling, the government will have to reimburse
the insurance companies for losses they incurred under the Affordable Care Act
for the so-called risk corridor wherein for participating in the federal market
place set up under the law, any losses they incurred from 2014 through 2016
would be reimbursed.
Under the terms
of ACA, if premiums exceeded medical expenses, the insurers would be required
to pay some of its profits to the government. If however losses exceeded
profits the government would reimburse the insurers for the loss. It turns out
that the losses came to about $12 billion.
Congress never
appropriated the funding for this obligation and that is why the insurers
brought the lawsuit, but a divided three judge panel of the United States Court
of Appeals for the Federal Circuit ruled against the insurers.
(4/2/19)- The
final figures from the Centers for Medicare and Medicaid coverage under the
terms of the Affordable Care Act showed that 11.4 million people enrolled a
drop of about 300,000 from the previous year.
Most of the
declines came in states that relied on platforms overseen by the federal
government that cut advertising and outreach budgets.
Average rates
for popular plans sold on the exchanges fell about 1.5%, the first such drop
since the plans were offered
(1/ 5 /19)-
Sixteen states and the District of Columbia have appealed the Texas judge’s
ruling that invalidated the Affordable Care Act which means the act will remain
in effect during the appeal process.
The appeal will
go to the Fifth U.S. Circuit Court of Appea[s in New Orleans, which will set out a schedule to consider
the case on Thursday..
(12/23/18) In
the latest open enrollment period for health-care coverage under the Affordable
Care Act that ended on the 15th, the 39 states and District of Columbia the number of sign-ups
total 8.45 million, down from 8.82 million at the same point last year, a drop
of 367,000 or about 4 percent
The greatest amount of
sign-ups were in Florida (1.8 million), Texas (1.1 million) North Carolina
(502,500) and Georgia (460,100).
Among the
states showing the largest declines were Louisiana and West Virginia.
More than
three-fourths of the individuals signing up this year were renewing coverage.
(4/16/17_ The
Trump administration announced new rules on 4/13 including one that would cut
the annual open enrollment period in half, so it would run from Nov.1 through
December 15 this year for health insurance starting Jan. 1, 2018.
If an
individual wanted to sign-up at any other time, he/she would have to submit
documents to prove that he/she was eligible for a “special enrollment period”.
(3/16/17)- The
House Republican legislation that is aimed at replacing the Affordable Care Act
would increase the number of people without health insurance by 14 million by
2026, according to a report from the Congressional Budget Office (CBO), an
independent federal agency. This would leave 52 million Americans without
insurance.
The House
Republican legislation, known as The American Health Care Act (AHCA) would cut
$337 billion from the federal deficit within that 10-year period of time,
according to the CBO estimate.
Average
premiums for people buying their own health insurance would be 15% to 20%
higher in 2018 and 2019, according to the agency’s estimate. They would
decrease in the following years, according to the CBO estimate.
These figures
were immediately questioned by President Trump, and other Republican leaders,
since previous estimates from the CBO missed the mark as to the Affordable Care
Act.
(3/11/17)-
Budget rules that were set in 2011 require that spending increases by the
federal government over a 10-year period of time must be offset by spending
cuts over that same period of time. The Congressional Budget Office (C.B.O.),
was set up by Congress in 1974 as the independent agency that provides
forecasts of legislative costs will estimate the cost of the American Health
Care Act (AHCA), the official name for the Republican plan to repeal and
replace the Affordable Care Act (ACA)
If the C.B.O.
rules that the Republican plan increases the costs of the A.C.A, Senate
filibuster rules come into effect. If the C.B.O. estimates that the rolls of
the uninsured would increase under the Republican plan, it could have serious
negative political consequences for the Republican part.
The C.B.O.
estimates are expected to announced Monday.
(2/16/17)-
Humana, the health-care insurance company announced that it would no longer
offer its private insurance plans under the terms of the Affordable Care Act,
starting in 2018. The Louisville, KY based company offered its plans in 11
states for 2017.
Humana’s plans
covered only about 150,000 policy holders, out of the about 12 million
individuals that have become covered under the act
Nationally, 12
percent of adults in the US didn’t have health insurance during the first nine
months of 2016, the Centers for Disease Control and Prevention (CDC) reports.
Six states —
Florida, Georgia, Mississippi, North Carolina, Oklahoma, and Texas — had
uninsured rates higher than the national average. There were 20.4 million fewer
uninsured persons during that time last year than in 2010, when the Affordable
Care Act was passed.
(2/7/17)-
About 9.2 million people signed up for their health insurance at the federal
market place site HealthCare.gov. during the recently concluded 4th
enrollment period, under the terms of the Affordable Care Act.(ACA).
The number therefore was down about 4% from last year’s enrollment total of
9.63 million individuals.
This number
does not include enrollment in the 11 states that run their own online health
insurance marketplace under the terms of the act. It is estimated that these
states have signed up about 3 million people.
In New York 908,200
signed up through that state’s marketplace for either a qualified health plan
or the “basic health program” authorized by the ACA for low income people. That
is about a 39% increase for New Yorkers
About 3 million
or about one-third of those who enrolled on the federal marketplace site were
first time buyers. The fourth annual enrollment period for health insurance
under the act began on Nov. 1 and ended on January 31.
(1/30/17)- The
Trump administration has pulled back on advertisements that encouraged people
to sign up for their health insurance under the terms of the Affordable Care
Act for 2017. Tomorrow is the last day for open enrollment under the act for
2017 coverage.
A spokesman for
the Department of Health and Human Services (HHS) said it had cut back about $5
million in advertising expenses in the last few days. The department had spent
about $60 million in promoting its “sign-up” program
HHS is
continuing to send email messages urging consumers to its website,
HealthCare.gov to enroll. 11.5 million have signed up since the enrollment
period began on November 1 for their health insurance, or had their coverage
automatically renewed. More than 8.5 million of the enrollees were in states
that use HealthDare.gov as an enrollment site.
(1/25/17)- A
prominent question on the minds of many Americans is whether or not the
Affordable Care Act of 2010 will, or won’t be repealed? If repealed, will there
be a health-care act to replace it?
Attention has
also being given to the fact that Americans pay more for their drugs than
anyone else in the world. What can be done to hold down the high cost of these
medications?
Two of the
possible answers to this question are by allowing the importation for drugs
from Canadian certified-safe facilities, and by allowing Medicare to directly
negotiate with the drug companies over the price of pharmaceuticals for
Medicare Part D beneficiaries. At last count there were 41 million Americans
enrolled in Medicare or Medicare Advantage plans.
Under the terms
of the Medicare program, the government must cover all drugs in 6 “protected
classes” conditions. Included in the 6 classes of illness are cancer,
depression and H.I.V.
Congress passed
the legislation for Part D coverage for Medicare beneficiaries in 2006, but
that legislation precluded the federal government from directly negotiating
with the drug makers. The price negotiating for the federal government on drug
pricing is done by the prescription benefits managers (PBMs). The 3 largest of
these PBMs are Express Script, CVS-Caremark, and UnitedHealth-Optum.
As for allowing
the importation of drugs from certified- safe Canadian facilities, the question
arises that these certified safe plants are not inspected by FDA inspectors
frequently enough to ensure theirquality and safety.
(12/25/16)
Mayor Bill de Blasio stated that the city hopes to enroll 50,000 New Yorkers
for health insurance with the state’s insurance market place under the terms of the
Affordable Care Act (ACA) by the end of next year
.
The public
health system of the city oversees 11 hospitals, and could save as much as $40
million annually if it can accomplish that goal.
City officials
have stated that about 1.6 million New Yorkers have enrolled for their health
insurance under ACA since 2013. They also stated that the federal government
reimburses providers like NYC Health & Hospitals for some care provided to
those enrolled under the act.
(12/23/16)-Health
and Human Resources Secretary Sylvia Burwell announced that about 6.4 million
people enrolled for health insurance coverage beginning g January 1, 2017 on
healthcare.gov through the extended December 19th open enrollment
deadline.
That was an
increase of about 400,000 from the same period in 2015. Almost 2.2 million
people had their health care automatically extended. More than 2 million of the
6.4 million were first time customers. Last Thursday, the website saw 670,000
sign up, which was its busiest day in its history.
The 5 states
with the most enrollees are:
1.
Florida-1.3
million
2.
Texas-
776,000
3.
North
Carolina-369,000
4.
Georgia-352,000
5.
Pennsylvania-
291,00
Not included in
the data are New York and California which have their own state run health
insurance marketplace.
(12/8/16)-
Senate Republican leaders announced that they would move as soon as the new
Congress convenes in January to start repealing the Affordable Care Act.
Republican Sen.
Mitch McConnell, (Rep.-KY), the majority leader stated: “The Obamacare
resolution will be the first item up in the new year’”
Without
announcing what their plan would be to replace Obamacare, “a defer and delay”
program is what they have in mind, since there are presently about 20 million
Americans who have obtained their health-care coverage in the insurance
marketplace set up under the terms of the act.
This strategy
would entail keeping certain parts of the act in place for a number of years,
while gradually phasing in their health-care plan.
(11//9/16)-
Because of the increase in the cost of the premiums for health-insurance
obtained in the market places set up under the Affordable Care Act, an
exemption from the penalty for failing to obtain coverage imposed on taxpayers
is coming into the limelight.
That penalty is
waived if the cheapest coverage available in the taxpayer’s area would cost
more than 8.16% of a person’s household income
The subsidies
are available to help defray the cost of the premiums for people whose incomes
are less than 400%of the federal poverty level, which is about$47,520 for a
single adult. About 15% of the 10.5 million who obtained their insurance did
not qualify for a subsidy.
There were
about 6.9 million people who bought their own insurance coverage outside one of
the exchanges set up under the act. Most individuals have their coverage
through their employers’ plans.
(10/29/16)- With
the open enrollment for health-care insurance under the Affordable Care Act set
to commence on November 1 through December 7, 2016 for coverage starting Jan.1,
2017, Obama administration officials announced an easing of the time frame for
individuals whose plans have been discontinued by their present insurers. These
individuals will have until Dec. 31, instead of the Dec. 15 deadline if they
attest to the fact that their present insurance coverage has been discontinued.
These
individuals may be able to wait until as late as March 1 to sign up for
coverage under the special enrollment rules, although that would mean a lapse
of coverage for 3 months.
Obama officials
from the Department of Health and Human Services (HHS) conceded that under the silver plans,
as an example, premiums may rise on average 25%.
One in five
consumers on the federal health insurance web site Healthcare.gov will find
only one insurer with offerings. The government hopes to enroll 11/4 million
people next year up from a monthly enrollment of 10.5 million this year.
There are now
39 states that use the federal website for enrollment purposes. About 7 million
people do not get subsidies to help pay for their health insurance premiums.
(10/22/16)-
Open enrollment for 2017 coverage begins November 1 and will continue through
January 31, 2017. The administration plans to send out 10 million pieces of
direct mail, up from about 800,000 last year.
As we point out
in our item dated 9/29/16 below, a large emphasis will be placed on social
media sites such as Facebook, Twitter, Google, Amazon and Microsoft in an
attempt to get younger, healthier adults to enroll. The tax penalty for
non-enrollment could exceed $700 a person next year.
A new option
will be available that will cover basic medical services without any
deductible. That option would have a high premium.
(9/29/16)-
President Obama officials announced that the government would be using social
media in its endeavor to get young adults to enroll in a health plan for
coverage in 2017. The enrollment period for next year’s coverage will begin on
November 1. The upcoming enrollment will be the fourth one since the program
started.
For 2016, less
than 30% of the 13 million people who obtained coverage under the act were
between the ages of 18 and 34. Health and insurance experts estimate that that
figure should be at least 40% for the correct balance of healthy and sicker
individuals in the program
The government
will enlist online social media sites such as Twitter, Facebook and Twitch, an online platform,
to try and get younger adults to sign up.
9/8/16)- It all
depends on who is doing the estimating, but a survey done by the Centers for
Disease Control and Prevention’s National Health Interview from January through
March of this year concluded that there were 27.3 million people in this
country who did not have health insurance.
That works out
to a historic low of 8.6% of the adult population without insurance. The prior
year’s survey indicated that 9.1% did not have health insurance.
The 2016 data
was based on an analysis of 24,317 people, according to the CDC’s National
Center for Health Statistics. About 15.9% o0f the 25-to-34-year=olds were
uninsured in early 2016, whereas 8.1% were uninsured in the 45-to-64- year-old
category.
(8/19/16)-
There are still about 24 million adults in this country who are not covered by
health insurance, according to a survey by the Commonwealth Fund, a health
research organization. There are 20 million more Americans who are covered by
health insurance than there were before passage of the Affordable Care Act.
Forty percent
of the uninsured are Hispanic, which is up from 29% in 2013. Of the uninsured,
41% are white, 12% are black and 6% are Asian and other races. Data from the
survey showed that 58% of those lacking insurance coverage are males. Almost
half of the uninsured fall within the 19 to 34 age category.
More than half
of the uninsured live in the 11 states that do not have expanded Medicaid.
(8/17/16)-
Aetna Inc. will withdraw from 11 of the 15 states it presently offers
health-plans through the Affordable Care Act
The company
will reduce the number of counties where it sells exchange plans next year to
242 from 778. It presently has 1.1 million individual enrollees, with about
838,000 of them who enrolled on one of the exchanges.
(6/2/16)-
UnitedHealth Group, the nation’s largest health insurer, informed its brokers
that it has filed paperwork to offer health-insurance plans in only 6 states
when the enrollment period starts for 2017 coverage under the Affordable Care
Act.. The company had offered coverage in 34 state4s in 2016.
The company
announced in a posting on its private website for its brokers that “at this
time we have filed to offer On Exchange products” in Nevada, New York and
Virginia for 2017. Harken Health, a subsidiary of UnitedHealth, previously had
announced it would offer plans in Georgia, Illinois and Florida.
At the end of
its first quarter in April, the company stated it had about 795,000 exchange
enrollees
(5/31/16)- A
recent ruling from the I.R.S. denied a tax exemption sought by an accountable
care organization that coordinated care for people with commercial insurance.
The federal tax agency said that the organization did not meet the test for
tax-exempt status because it was not operated solely for charitable purposes,
and it provided private benefits for some doctors in its network.
Accountable
care organizations now cover more than 28 million beneficiaries, according to
Leavitt partners, a health care consulting firm. They manage the health-care
for Medicare beneficiaries for employers-sponsored insurance and for people who
buy health-insurance coverage through market-places under the Affordable Care
Act.
The ruling does
not affect accountable care organizations formed solely for Medicare patients,
but it could affect those serving privately insured patients.
(5/27/16)- The
health-insurers have submitted their proposals to state insurance regulators,
and they are asking for large premium increases for the next enrollment period
which begins November 1, 2016. For coverage for the 2017 calendar year..
The insurance
companies in New York, Pennsylvania and Georgia are seeking premium increases
of over 20% The health insurers in Florida and Maryland are seeking increases in excess of 10%. So far, only the insurers in Vermont are
seeking increases of less than 10%.
The subsidies
that taxpayers receive under the terms of the Affordable Care Act vary
according to the individual’s income and premium for coverage.
(5/19/16)-
Obama officials announced that about 9.1% of the population in the U.S., or
around 28.6 million, had no health insurance, compared to the 16% in 2010, when
the Affordable Care Act was passed.
These numbers
were in line with the figures announced by the Centers for Disease Control and
Prevention last week.
(5/17/16)- The
Kaiser Family Foundation has been tracking health-insurers withdrawals from the
market place set up under the Affordable Care Act. Their latest count shows
that more than 650 counties in the U.S. will have just one insurer on the
exchanges in 2017.
That number
would be up from 225 in 2016.
Of the counties
with only one insurer, 70% have populations that are mostly rural.
(5/15/16)-
Judge Rosemary M. Collyer of the Federal District Court in Washington ruled
that the Department of Health and Human Resources did not have the authority to
fund a program under the Affordable Care Act that helps as many as 7 million
lower-income people to cover the cost of their deductibles, co-payments and
other out-of-pocket expenses.
Judge Collyer
ruled that Congress never provided explicit authority for that spending.
The Re4publican
led House of Representatives had brought the suit in 2014. The Justice
Department said it would appeal the ruling.
(5/13/16)-
Aetna Inc., the large health-insurance company that is presently seeking to
take over Humana, Inc., announced that it expects to continue selling
Affordable Care Act (ACA) exchange plans, and that it might even expand the
areas it will cover.
Just last month
UnitedHealth Care Group announced that it would withdraw from all but a few of
the 34 states where it is presently offering market exchange care coverage.
Aetna announced
at its recent quarterly earnings report conference call that enrollment in its
individual plans grew more than expected, to about 1.2 million, an increase of
about 200,000 from the end of last year. Of the 1.2 million enrollees, about
900,000m signed up through the ACA marketplace.
(4/15/16)- Over the next 10 years, the Affordable
Care Act will cost $1.34 trillion, according to the Congressional Budget
Office, up 11% from projections a year ago, mostly because of
higher-than-expected enrollment in Medicaid.
The law gave 22
million people access to coverage they otherwise would not have had, the report
found, and the cost of providing that coverage from 2016 to 2019 will be $465
billion, 25% less than projected when the law was passed
(3/22/16)- The
maximum out-of-pocket costs for consumers under the Affordable Care Act will
increase in 2017 to $7,150 for an individual and $14,300 for a family. That
represents an increase of $300 for 2017 over the maximum out-of-pocket set for
2016. Last year the cap was increased by $259.
Out-of-pocket
costs include deductibles and co-payments, but do not include the premium paid
for the insurance. Each insurer sets its own limit for out-of-pocket costs for
its own plans, but that cap can’t exceed the amount set by the federal
government.
Obama
administration officials announced that they would begin to rate health
insurers based on how many doctors and hospitals they include in their
networks. The new rules were published in a recent edition of the Federal
Register.
The federal
government will attach a label indicating the breath of the network for each
plan sold on HealthCare.gov. About 12.7 million consumers signed up or had
their coverage automatically renewed in the third annual open enrollment
season, which ended on January 31.
(3/8/16)-
President Barack Obama recently announced that enrollment in health coverage
under the Affordable Care Act had reached a new high, 20 million
The 20 million
includes individuals who have received private health insurance on exchanges
set up under the terms of the act, those who gained their coverage through
expanded Medicare coverage in their states that allowed this program, and young
adults who were able to stay on their parents health plans until age 26.
(3/1/16)-
Congress recently approved a two-year moratorium on the medical device tax
imitated by the Affordable Care Act that suspended it until January 2019.
Obama
administration officials announced that people who want to buy their health
insurance in the federal marketplace outside the annual enrollment period will
now have to provide documents that show they are eligible to do so.
The new policy
requires potential enrollees to submit documents like a birth or marriage
certificate, if they want to sign up after the regular enrollment period. This
is also true for people who lose coverage provided by an employer, a government
program or other source.
There are now
38 states and the District of Columbia that use the federal marketplace at
HealthCare.gov.
(2/25/16)- Over
2.8 million New Yorkers enrolled for their health insurance through the state’s
insurance exchange as of January 31, according to figures released by the New
York Department of Health.
That figure is
up from the 2.1 million who had enrolled at the end of the previous sign up
period ended February 28, 2015. Officials attributed the increase due to
Medicaid enrollment and the new Essential Plan, designed for low-income
individuals and families who do not qualify for Medicaid.
The numbers
breakdown were 1.97 million enrolled in Medicaid
plans, 379,559 in the Essential Plan and 215,380 in Child Health Plus plans.
(2/16/16)- More than 17 million people have enrolled in
private health insurance plans, up from 11 million original signees in 2010
under the terms of the Affordable Care Act. Almost one-third of the Medicare
beneficiaries have chosen private plans offered by the insurance industry
.
There are about
12.7 million beneficiaries who have signed up for Medicare Advantage plans. The
government pays insurers, on average about $10,000 a year per person, for a
total of over $170 billion to the Medicare Advantage insurers.
Former
Democratic Governor Steven L. Beshar of Kentucky announced the creation of a
nonprofit group, Save Kentucky Healthcare, which will oppose Republican
Governor Matt Bevin’s attempted changes in the states participation in the
Affordable Care Act. Mr. Bevin took over the Kentucky governorship in December
2015.
Mr. Beshar’s
effort will begin with online advertising and organizing.
The Act allowed
states to make Medicaid available to more people, but the law left it up to
each state whether or not to participate, and 20 have declined. Kentucky, under
Governor Beshar joined the expanded Medicaid program and established its own
online health-insurance marketplace called Kynect.
Kynect tied its
state run marketplace with its expanded Medicaid program, so it simplified
matters for potential enrollees. Kentucky has had the steepest decline of any
state in the number of uninsured individuals, and Medicaid enrollment nearly
doubled.
Since taking
office Mr. Bevin has taken steps to dismantle Kynect, saying it will be cheaper
to let the federal government run the exchange. The federal exchange does not
have the one step process of enrolling in the health insurance marketplace,
while enrolling in expanded Medicaid in one easy step.
About 7% of
Kentuckians younger than 65 were uninsured last year, which is below the
national average of 11%.
(2/8/16)-
About 12.7 million people signed up, or renewed their health-insurance in the
latest enrollment period that ended January 31, under the terms of the
Affordable Care Act.
9.6
million did so through the federal site, Healthcare.gov, while 3.9 millionenrolled through states that run their own sites.
There are 38 states and the District of Columbia included in the Healthcare.gov
site.
Sylvia
Matthews Burwell, the secretary of the Department of Health and Human Services
said that 4 million of the people signing up through the federal site were new
to the federal insurance marketplace in 2016.
28% of the
sign-ups were in the 18-to-34 age bracket, about the same proportion as last
year. Among states using Healthcare.gov, the largest numbers coming on board
were from Florida (1.7 million), Texas (1.3 million), North Carolina (613,500)
and Georgia (587,850)
Among the
states having their own insurance market-place site, California had 1.6 million
getting their coverage, with 425,000 of them being new comers.
The first
month’s premium must be paid to activate the coverage.
(1/31/16)-
Sunday,
January 13, 12 P.M. Pacific time is the last day to sign up for health-care
cover under the Affordable Care Act to avoid being penalized $695 per adult, or
2.5% of household income, whichever is greater.
Consumers can get help 24/7 by calling
800-318-2596 or by going to LocalHelp.Healthcare.gov to find a nearby office
for person-to-person help. If you do
not sign up by January 31, or do not have health-insurance by that date. The
next enrollment period will be the 4th one under the terms of the
act, but coverage won’t start until 2017.
For
those who sign-up by the deadline, coverage will begin March 31. There are a
few qualifying circumstances, such as getting married, having a baby or losing
job-based coverage that will allow you to get late coverage.
If
you had qualifying coverage under the act in 2015 you will be mailed a
statement with your information, that you must file along with your income tax
return for 2015. Those statements will be going out to policy holders in early
February.
(1/26/16)-
More than half of the 23 health coops that were formed as a result of the
Affordable Care Act (ACA) failed, after receiving $1.17 billion in federal
loans, according to Andy Slavitt, acting administrator of the Centers for
Medicare and Medicaid Services (CMS)
Andy Slavitt, in his
testimony before the Senate Finance Committee, stated that the CMS is working
with the Justice Department in an attempt to recoup some of that money.
The
Obama administration will soon release guidance aimed at helping the surviving
coops to attract funding or merger partners. Actuaries have estimated that the
coops would need $10 billion in funding, but that they ultimately received $2.4
billion in government loans.
(1/20/16)-
Democratic Governor John Bel Edwards signed an executive order making Louisiana
the 31st state plus the District of Columbia to have expanded
Medicaid under the terms of the Affordable Care Act (ACA). Mr. Edwards promised
that he would expand the state’s Medicaid program when he recently ran for the
office.
Under
the terms of the ACA, federal funds will cover 100% of the cost, through 2016,
for a state to include everyone with incomes below 138% of the poverty level.
That comes to $16,242 for a single person and $33,465 for a family of four. The
federal government will cover 90% of the cost to a state for expanded Medicaid
for 3 more years thereafter.
298,000
Louisans will be eligible for Medicaid under the expansion, according to an
analysis last year by the state’s Legislative Fiscal Office. An additional
224,000 adults with private insurance would also be eligible.
(1/15/16)-
Republican Governor Matt Bevin of Kentucky notified officials of the federal
government that he plans to “wind down and cease operations” of the state’s
health insurance exchange. The newly elected governor sent a letter to Sylvia
Matthews Burwell, the secretary of health and human services, stating that he
wanted the state’s residents to start using the federal insurance exchange
services “as soon as practicable”.
Kentucky
residents will continue using the state’s exchange, known as Kynect, during the
present open enrollment period that ends January 31. The state’s prior
Democratic Governor, Steven L. Beshear, has said it would cost the state at
least $23 million to dismantle Kynect.
There
were about 81,000 residents of Kentucky who bought their health insurance
through the state exchange, and they will remain covered by that insurance
until the next enrollment period which will begin in November, 2016.
The
federal government pays 100% of the cost for those individuals who obtain their
health insurance under their state’s expanded Medicaid program, and 90% of the
cost through 2019.
Kynect
is also the portal through which residents apply for Medicaid, and if that site
will no longer be available, it will be more difficult for them to apply
through the federal exchange, which will direct them to their state’s Medicaid
site.
(1/12/16)- Obama administration officials announced that
11.3 million people had signed up for health insurance so far during the
Affordable Care Act’s 3rd open enrollment period which ends on
January 31st.
About
8.6 million people have signed up or have been automatically re-enrolled in the
38 states that use the government’s website for health insurance
(HealthCare.gov). In states running their own exchanges, 2.7 million have
signed up.
New
consumers accounted for 29% of people selecting health plans in the federal
marketplace, but only 19% in the state insurance exchanges. The final tally
will, in all likelihood, see young people fall below the 35% level that Kevin
J. Counihan, the chief executive of the federal health exchange, had hoped to
achieve.as a “good optimal number” when he ran the Connecticut health market
place exchange.
(1/5/16)-
The penalty for failure to have health insurance in 2016 will be $695 per adult
or 2.5% of household income, up from $325 per adult or 2% of household income
in 2015.
In
2014, about 7.5 million Americans paid a penalty for not having
health-insurance, at an average of $200, according to preliminary data from the
Internal Revenue Service. An additional 12 million received an exemption.
People
are exempt from the penalty if the least expensive plan available to them
through the online exchanges cost more than about 8% of their household income.
For most people the penalty comes out of their tax refund.
(12/23/15)-
Obama administration officials announced that as of December 17, 2.4 million of
the 6 million who signed up for their health insurance were new customers. They
stated that is about one-third more than
had signed up last year ahead of the deadline for coverage starting January 1.
Enrollments
for insurance coverage under the Affordable Care Act have until January 31,
2016 to sign up. The federal exchange, HealthCare.gov serves 38 states and the
District of Columbia..
The 6
million figure that was announced does not include consumers with coverage this
year that will be automatically re-enrolled, or people who sign up on the state
exchanges.
(12/15/15)-
Obama administration officials announced that they had recouped over $200
million in funding that had been given to states that had failed to properly
set up their systems for the health-insurance marketplace under the terms of
the Affordable Care Act.
The
federal government had granted more than $4 billion to 17 states to help them
establish their own health insurance exchanges. Hawaii, Nevada and Oregon all
chose to give up on their operations and rely on the federal government’s
HealthCare. gov exchange. The federal government’s site is now used by 38
states and the District of Columbia
The
Centers for Medicare and Medicaid Services has denied states’ requests for more
federal funds 69 times this year, and no new money will be given to fix problems
Every
state based exchange has the external funds necessary to run their own
exchanges. 30 states have agreed to use federal funds to extend Expanded
Medicaid coverage, which has added about 11 million people to the program.
(12/11/15)-
Federal officials stated that if uninsured people don’t obtain health-insurance
coverage by January 31, 2016 which is the expiration date for this 3rd
enrollment period, they won’t get an extension to avoid the Affordable Care
Act’s penalty for going without insurance.
The
government did allow an extension during last year’s 2nd enrollment
period, when the deadline was February 15..People were given an extension
through April to sign up if they said they had missed the deadline because they
only learned about it when they filed their tax return due April 15.
An
analysis by the Kaiser family Foundation estimated that the average tax penalty
would be $960 per household for those who do not enroll for health-care
coverage in 2016.The penalty is rising to $325 per adult or 2% of household
income, and for 2016 it will increase to $695 per adult or 2.5% of household
income.
According
to preliminary data from the Internal Revenue service Americans paid an average
penalty of $200 in 2014 for goimg without insurance.
An additional 12 million received an exemption. The penalty generally comes out
of people’s refunds.
(12/1/15)-
Open enrollment for health-care insurance 2017 sign up under the Affordable
Care Act will start on November 1, 2016, and end on January 31, 2017, according
to administration officials. These dates are in fact the same ones being used
for the 2016 open enrollment period.
The
presidential, state and local elections will take place on November 8, 2016, so
the Affordable Care Act will be one of the premier issues in the 2016 election
campaigns.
(11/26/15)-
There are several new features that have been incorporated in the federal
health insurance marketplace within HealthCare.gov. One of the new search
engines is one that will allow consumers to type in the names of their doctors,
prescription drugs, and preferred hospitals, and see which plans cover them.
There
will be a cost-comparison tool for users to estimate their probable
out-of-pocket and total costs, including premiums, deductibles and other
charges, under different health plans. In making the calculations, the site
will use a person’s age, sex, income and ZIP code..
The site will show premiums reduced by the amount of any subsidies that a
family may receive in the form of tax credits
(11/22/15)-
UnitedHeath, citing its inability to make a profit from its participation in
the state-health-insurance market place created under the terms of the
Affordable Care Act, said that it is contemplating withdrawing from that market
in 2017.
The
company has plans that offer health-insurance in 34 states next year, and has
enrolled about 550,000 customers to date. Administration officials expect to
enroll about 10 million policyholders in 2016, and UnitedHealth is not
considered to be one of the major individual insurers for people getting their
coverage from these exchanges.
(11/13/15)-
In our item dated 10/30/15 below, we noted that 9 of the health-care-co-op
insurers formed under the terms of the Affordable Care Act. That number is now
up to 12, with the latest casualty being the Consumers Mutual Insurance of
Michigan posting a notice on its website saying that it will not sell health
plans in 2016 on the insurance marketplace.
Health
Republic Insurance of New York, the largest of the co-ops had previously
announced that it “will not be available after November 30.” That closure
affected 155,000 New Yorkers.
(11/4/15)-
The price of the second lowest-cost mid-range “silver plan” will rise by 7.5%
on average in the states that rely on Washington to administer their health
insurance market place. Enrollment for coverage in 2016 began on Sunday,
November 1 and ends on January 31, 2016.
A new
feature on the HealthCare.gov website will allow consumers to get an estimate
of their total costs under different health plans, depending on whether they
expect to use a low, medium or high volume of medical services in 2016.
Consumers
will be able to tell which doctors are in a plan. The results for searches on
the federal site will list the premiums, from the cheapest to the most
expensive. Plans are also required to list their deductibles before coverage
begins to pay for medical services.
In
order to be entitled to receive a subsidy toward the cost of their health
insurance coverage under the Affordable Care Act a tax return had to be filed
in 2014. The IRS released figures showing that 710,000 individuals who received
subsidies had not filed tax returns and had not requested more time to do so.
Letters have been sent to these individuals that advise them that they are at
risk of losing their subsidy.
The
IRS also said 760,000 taxpayers had received subsidies but had not attached the
required form comparing the subsidy paid with the amount they were entitled to
receive. Many have complained that that form, IRS Form 8962, is too complicated
to fill out.
(10/30/15)-
Of the 23 health care co-op insurers formed as a result of the Affordable Care
Act, nine have closed. The three largest are among the casualties. These co-ops
were formed with the aim of fostering competition in the industry, which in
turn would lower premium costs for health-insurance coverage is not happening
to the detriment of the public.
Please
keep in mind that because of pending mergers in the health insurance industry,
this will also work to the disadvantage of health insurance purchasers. Because
of the failure of the nine co-ops, about 500,000 of their customers will be
scrambling to find new coverage.
The
failures include co-ops in New York, Colorado, Kentucky and South Carolina. It
will cost the federal government over $1 billion in loan guarantees to the
co-ops that have failed.
(10/26/15)-
About 7.5 million taxpayers paid the $95 fine for not having health care
insurance in 2015, according to a preliminary report from the Internal Revenue
Service. That is significantly more than the three to six million that the
government had forecasted.
The
federal government is paying subsidies in the form of tax credits to 8.7
million people, including 2.3 million in states that run their own marketplace.
The
penalty goes up to $695 per person (($347.50 per child under 18) in 2016, with
the maximum penalty being $2,085 per family. There is also a maximum penalty of
2.5% of your yearly household income. Only the amount of income above the tax
filing threshold, about $10,150 for an individual in 2014, is used to calculate
the penalty
The
average tax credit for the subsidy is $272 a month.
(10/22/15)- The third sign-up period will begin on
November 1 for those hoping to get their health-care insurance in either the
federal (healthcare.gov) or state insurance market place set up under the terms
of the Affordable Care Act (ACA).
Health and Human Services Secretary
Sylvia Matthews Burwell said she had set a target of 10 million people to have
paid-up health insurance by the end of 2016
.
That is only a slight increase from the 9.9 million who had enrolled and paid
their premiums as of June. It is estimated that there are about 10.5 million
Americans who do not have health insurance.
Medicare Part D: A First Look
at Plan Offerings in 2016 finds that for the coming year, the average
beneficiary will have a choice of 26 stand-alone Part D drug plans, down from
30 last year.
If currently enrolled beneficiaries stay in the same plan next year, average
premiums are projected to rise to $41.46 per month, up from $36.68 this year.
Many enrollees have access to plans that could lower their premiums or reduce
their total drug costs. But, in a typical year, about 9 in ten Part D enrollees
stick with the same plan rather than make a switch. (Kaiser Family Foundation)
(10/4/15)- A bill passed by a voice vote in both the House and Senate,
eliminates a provision in the Affordable Care Act (ACA) that would have imposed
a mandatory definition of a “small employer” as one with 51 to 100 employees. A
spokesman for President Obama confirmed that he would sign the bill.
For more info on this matter,
please see our item dated 9/22/15 below. That provision in the ACA would have requirted employers with more than 50 employees to
providing health insurance, whereas many states define a “small employer as one
with 50 or less employees.
The
bill would allow states to expand their definition of a “small employer” as
those with 51 to 100 employees if they chose to do so.”
(9/30/15)-
The enrollment period for obtaining health-insurance under the terms of the
Affordable Care Act will run from November 1, 2015 through January 31, 2016.
The
Congressional Budget Office (CBO) estimates that up to 21 million people will
use the online portals to obtain health insurance coverage for 2016. The tax
penalty for those who are uninsured will increase to $695 a year for an
individual in 2016.
About
9.9 million people now have coverage through the federal and state insurance
marketplaces. Federal officials stated that they would give particular
attention to the Dallas, Houston, northern New Jersey, Chicago and Miami areas
in their attempt to get people to enroll for health insurance.
Subsidies
are available only for people who buy their insurance through the federal or
state market place sites. It is estimated that there are still 10.5 million
people without health insurance.
(9/22/15)-
One of the provisions of the Affordable Care Act expands the definition of a
“small employer” to include companies with 51 to 100 employees, effective
January 1, 2016. As a general rule, states define a small employer as those
with 50 or fewer employees.
When
this change becomes effective many companies will have to offer a package of
“essential health benefits”, as specified under the law.
Insurers
will no longer be able to set premiums for such groups based on their claims
history, industry or size. Premiums will have to be agreed to by state
regulators. Many insurance experts are worried that this will cause a
significant increase to both the employees and employers.
(9/18/15)-
In its annual report on income, poverty and health insurance coverage, the
Census Bureau said that the percentage of poor people without health insurance
was 10.4% last year, down from 13.3% in 2013, down from 13.3% in 2013
Massachusetts .had the lowest percentage level of uninsured in
the 50 states at the 3.3% level, while Texas had the highest level at 19%.
Almost
9 million people gained health insurance coverage last year, but there was no
significant change in income for the typical American household. About 46.7
million Americans were at or below the poverty level, the fourth consecutive
year in which there was no change in the number of people at or below this
level.
The
median household income in the United States was $53,660 last year, and the
poverty rate was 14.8%
(9/10/15)-
The Affordable Care Act’s tax on “Cadillac” tax on high-cost employer health
insurance is due to kick in starting in 2018, when it will impose a 40%levy on
benefits $10,200 or more in health benefits for individuals and $27,500 for families. Many companies are
drawing up their strategies now to minimize their tax liability in 2018
Workers
and employers who contribute the maximum of $2,550 a year to their Flexible
Spending Accounts (FSAs) could therefore find those individuals falling under
the purview of that tax.
(8/21/15)-
New York state health-insurance
exchange officials announced that it had helped over 2.1 million residents of
the state to get their insurance during the recently completed second
enrollment under the terms of the Affordable Care Act.
That
number was more than double the number of enrollees during the initial
enrollment period.
(8/20/15)-
As of March 31, 2015 there were 29 million people without health insurance in
this country. This figure represented a drop of 7 million from the average in
2014, and 8.8 million from 2013 to 2014. For the last 2 years there has been a
drop of 15.8 million from the uninsured rolls. These figures were contained in
a report from the National Center for Health Statistics.
The
report went on to conclude that the proportion of the population without health
insurance dropped by 5.2 percentage points, to 9.2 %, in the first quarter of
this year, from 14.4% in 2013.
(8/16/15)-
About 950,000 new customers selected their health-care coverage on
HealthCare.gov after the open enrollment period when they became eligible due
to changes such as losing their employer provided insurance, or having a baby,
according to a report from the Centers for Medicare and Medicaid Services.
The
number reflects those people who selected plans between Feb. 23, 2015 and June
30, 2015 in the 37 states and District of Columbia that rely on the federal
health insurance site.
About
8.8 million people had selected a plan or were re-enrolled through
HealthCare.gov during the open enrollment period this year. As of March 31, 7.5
million had coverage and paid premiums.
(7/30/15)-
Peter V. Lee, the executive director of California’s insurance exchange, which
is known as Covered California, announced that the state’s health-insurance
rates would rise by 4% next year. California not only runs its own exchange but
it also actively negotiates prices.
More
than 1.3 million people have coverage through Covered California. That state
accounts for 13% of the 10.2 million people enrolled in private health plans
under the Affordable Care Act.
California
will have 12 health- insurance companies competing for business in that state
next year. It is an “active purchaser”, meaning it chooses plans that can
compete in the state, and then negotiates premiums with them.
(7/23/15)-
Noridan Healthcare Solutions, the main contractor for
Maryland’s initial flawed state run health-care insurance exchange website
created under the Affordable Care Ac,t has agreed to
repay $45 million to avoid legal action because the site crashed immediately
after opening on Oct. 1, 2013.
Maryland
has, since the initial failure, created its own state-run health-care exchange.
Oregon, Nevada and Hawaii abandoned their own state-run exchanges, and now use
the federal site.
Noridan will pay $20 million upfront, and the rest will
come in yearly installments of $5 million for five years. The payments
represent 61% of the total paid to the company for the failed website. The
agreement is subject to regulatory approval.
(7/5/15)-
Under the terms of the Affordable Care Act payments are to be made under 3
different programs that are supposed to smooth out the risk for insurers that
enroll a lot of less-healthy enrollees. These payments are largely funded by
the other insurers that have less costly members.
Obama
administration officials released the calculations of payments for 2014 for two
of those programs last week. Up to now, the insurers had penciled in their
estimates of potential receivables and payables to complete their 2014
reporting. Calculations for the 3rd program have not been released
yet.
With
the media mentioning more consolidation in that industry, in addition to the
proposed acquisition of Humana by Cigna, valuations of the insurers are now in
a state of flux.
(7/1/15)-
Employers hoping to hold down their cost structure are looking ahead with
trepidations to 2018, when a heavy excise tax kicks in on generous corporate
health-care plans.
The
tax, which is intended to help fund insurance for the previously uninsured
under the Affordable Care Act, is 40% a year on the amount by which
employer-sponsored plans exceed $10,300 for individual coverage, and $27,500
for family coverage.
(6/28/15)-
The U. S. Supreme Court voted 6 to 3 in favor of the legality for the subsidies
given to those who enrolled for their health-care coverage on the
HealthCare.gov site, rather than on a state run site. There are still several
lawsuits pending that question the legality of the Affordable Care Act, but
this was the big win for the act.
(6/10/15)-
The Department of Health and Human Services (HHS) published information on the
proposed premiums requested by health insurers for plans under the Affordable
Care Act for 2016. Under the terms of the act, insurers must justify increases
of 10% or more to Obama administration officials, and must publish online
explanations for these increases.
The
administration can’t force insurers to reduce the proposed rates, but many
state regulators can negotiate with the insurers over the proposed increases.
The Blue Cross and Blue Shield of Illinois for example, is looking to increase
rates by an average of 29% or more.
Nationwide,
some of the big insurers are seeking double-digit rate increases.
(6/5/15)-
Sylvia Matthews Burwell, the secretary of health and human services announced
that about 13% of the people who signed up for health-care insurance in 2015
under the Affordable Care Act had left the insurance coverage, mainly because
they failed to pay the premiums or because they had become covered by their
employer.
As of
March 31, 2015, 10.2 million had been enrolled. This was down from the 11.7
million announced earlier in the year. Of this total, 6.4 million were
receiving federal subsidies in states where the federal government was
operating the exchange-marketplace. These enrollees are the ones who would be
affected if the Supreme Court rules the subsidies to be illegal under the terms
of the act. The court’s ruling in the matter is expected within the next few
weeks.
The
federal government is paying subsidies in the form of tax credits to 8.7
million people, including 2.3 million in states that run their own marketplace.
The
average tax credit for the subsidy is $272 a month.
Of
the 10.2 million, 68% had selected midlevel “silver” plans, and 21% opted for
“bronze” plans.
(5/29/15)-
The human-resource department and health-benefit consultants are now attempting
to deal with the provisions of the Affordable Health Care Act that imposes a
levy, starting in 2018, for the “Cadillac tax”. That levy is 40% a year on the
amount by which employer-sponsored plans exceed government-set thresholds.
This cost
begins at $10,200 for individual health-care coverage and $27,500 for family
coverage. The cost totals the amount employer and the employee pay for
health-care premiums. Will this levy cause corporate America to shift to lower
cost, less benefit plans for their employees?
(5/21/15)-
In a 2-1 ruling, a panel of the Seventh U.S. Circuit Court of Appeals in
Chicago ruled that the University of Notre Dame had not produced enough
evidence to warrant a preliminary injunction that would allow it to opt out of
the requirements of the contraception provision of the Affordable Care Act.
The
University objected to the provision on religious grounds. The provision
mandates that most employers include contraception in health plans with no
out-of-pocket costs. The Obama administration has offered a compromise under
which an employer with a religious objection can state its conflict and then
have its insurance plan administrator provide contraceptive coverage.
The
U.S. Supreme Court ruled last year that closely held for-profit institutions,
such as Hobby Lobby Stores Inc. couldn’t be forced to cover contraception in
employees’ health plans if doing so conflicted with the company owners’
religious beliefs.
(5/13/15)-
In a report by the New York City comptroller, Scott Stringer, the number of
uninsured hospital patients in the city’s11-municipal hospital system dropped
by 1.3%, with another 7.2% decrease expected by 2019.
The
report estimated that the hospital-system faced a deficit of more than $1
billion in fiscal year 2017, which will grow even greater in subsequent years.
The federal government will begin cutting subsidies to those hospitals because
of the fact that the Affordable Care Act will continue to cut down on the
number of uninsured health-care patients.
New
York City’s hospital service a large amount of uninsured residents, so the city
will in effect be hurt by the law.
(3/30/15)-
The so-called “Cadillac” tax on companies with high cost health plans is
scheduled to take effect in 2018. The law imposes a 40% excise tax on the
annual cost of health care above $10,200 for individual employee coverage and
$27,500 for family employee coverage.
As 2018 approaches, this will be a major issue
in negotiations between unions and employees seeking to cut their cost
structure.
An
analysis of the subsidies earned by participants in the health-care program
under the Affordable Care Act by the Kaiser Family Foundation concluded that
over half of them will have to repay a portion of it to the federal government.
The
foundation also predicted that 45% of households that received subsidies will
probably get a refund, because their 2014 income was lower than what they
estimated when they applied for coverage
People
earned subsidies if they earned between 100 and 400 percent of the federal
poverty level. Taxpayers received the subsidies in advance, with the amount
determined by their projected household income for 2014.
The
foundation estimated that subsidy recipients who underestimated their income
will owe $794 on average, while those who overestimated income will receive
average refunds of $773.
(3/25/15)-
The latest Kaiser Tracking Poll, conducted in early March by the Kaiser Family
Foundation, a nonpartisan health policy research group, found that 43% of
respondents had an unfavorable opinion of the health law, while 41% viewed it
favorably. Last July, 53% of the respondents viewed it unfavorably, while 39%
viewed it favorably.
The
nationwide tracking poll of 1,503 adults was conducted March 6 to 12, using
cellphones and landlines. Interviews were in Spanish and English. The margin of
sampling error was plus or minus 3 percentage points for the full sample.
(3/22/15)-
March 23rd will be 5th year anniversary of The Patient
Protection and Affordable Care Act (PPACA). The U.S. Supreme Court is expected
to rule on the legality of the subsidies afforded to those who signed up for
their health insurance on the federal HealthCare.gov site by May or June of
this year.
Sylvia
M. Burwell, the secretary of health and human resources disclosed that the
recent data showed “the largest reduction in the uninsured in four decades”
That would take us back to when Lyndon Johnson was president in 1965 when
Medicare and Medicaid were created.
16.4
million Americans have gained health-insurance in the last five years. Since
the first open enrollment began in October 2013, the proportion of adults
lacking insurance has dropped to13.2%, from 20.3 percent. Richard G. Frank, an
assistant secretary at the health and human services department stated that
14.1 million uninsured people in the 18 to 64 age category have gained
health-insurance, with 2.3 million being covered in the period from2010 to
October, 2013.
In
addition, 2.3 million young adults were covered in that time frame because they
were allowed to stay under their parent’s coverage until the age of 26.
The
Congressional Budget office had previously announced that the number of
uninsured people under the age of 65 had decreased by 17 million, to a total of
35 million.
(3/17/15)-
The Congressional Budget Office (CBO) lowered its estimate of the cost of the
Affordable Care Act by 20% from its prior estimate in January. It also lowered
the cost estimate for Medicaid by 8%. It now projects deficits totaling $7.2
trillion from 2016 to 2025, a decrease of 6% from its January estimate.
“The
largest factor underlying that reduction is a downward revision in projected
growth in premiums for private health insurance”, according to the agency. Five
years ago the budget office predicted that people receiving subsidies would get
$5200 in 2015, whereas the latest estimate is that it would average $3,960 per
individual in 2015.
It
also estimated that the number of uninsured would be in the 24 million range in
2017-2019, down from its prior estimate of 26 million.
(3/13/15)- The Obama administration said that 11.7 million Americans now have
private health insurance through the federal and state insurance-exchanges,
with 86% of them receiving subsidies from the federal government to help pay
for their premiums.
About
8.8 million of the consumers live in the 37 states covered by the federal
HealthCare.gov website. Florida is the state that has the most people who got
their coverage through the federal website, having had about 1.6 million
consumers being covered. About 1.5 million of them qualified for a subsidy.
Texas
is next with about 1.2 million gaining coverage, with one million of them
qualifying for subsidies.
For
those who enrolled on the federal exchange, they paid an average of $101 per
month after the subsidy tax credit. For people in states using the federal
website, tax credits averaged $263 a month, which reduced their premiums by
72%, on average.
Of
the 4.2 million people who had coverage in the federal marketplace in 2014 and
2015, about 1.2 million, or 29%, switched to a different plan.
(3/5/15)-
The U.S. Supreme Court heard oral arguments yesterday over the legality off the
subsidies given to individuals who bought their health-care insurance on the
HealthCare.gov site that was operated by the federal government. There were 37
states wherein the federal government operated the site, and it is estimated
that about 7.5 million individuals will be affected by the court’s ruling in
this matter.
The
decision from the court is expected sometime in June.
About
1.2 million people who bought health-care coverage on HealthCare.gov in 2014
dropped their plan, and picked a new one through the site for 2015, according
to Obama administration officials. Nearly 2 million were automatically renewed
with their 2014 plan when they took no action in 2015. About one million went
back onto the site, but did not change their plan, according to new figures
from the Centers for Medicare and Medicaid Services. (CMS)
About
4.2 million of this year’s sign-ups were people who had coverage through
HealthCare.gov in 2014. 8.8 million people have picked plans through the
federal health-insurance exchange. There are 13 states that operate their own
exchanges. Between the federal and state exchanges, there are now a total of
11.4 million who have signed up for their health insurance in 2015.
Republican
Governor Gary Herbert of Utah criticized the state’s Republican controlled
House for deciding not to consider his plan for expanded Medicaid as called for
under the Affordable Care Act. Speaker Greg Hughes of the House said that it
would not consider the governor’s plan because it had no support.
The
governor had negotiated his plan with federal officials, and had been approved
in the State Senate. Thus, there continues to be 28 states that have adopted
some form of the expanded Medicaid program.
(2/20/15)-
The state of Washington announced that it would extend its sign-up deadline for
health insurance on its state run exchange until April 17th. Thus,
tax filers will see that they were penalized with a fee for not having health
insurance in 2014.
Several
other states that run their own health-insurance exchanges said that would
allow consumers who started but did not finish the enrollment process by the 15th,
to have additional time to enroll. These states include: California, Colorado,
Connecticut, Maryland, and Massachusetts, Minnesota, New York Rhode Island and
Washington, D.C.
(2/19/15)-
The federal government announced that it would give people who started but were
unable to finish their enrollment process in the federal health insurance
exchange at HealthCare.gov through February 22nd to finish applying
for coverage and picking their plans, and most states have also agreed to
similar extensions on their state health-insurance sites.
About
11.4 million Americans picked health plans through the federal or state run
exchanges. HealthCare.gov serves 37 states, and 13 states run their own
health-exchanges.
(2/18/15)-
Every adult without health-insurance after 2/15/15, with certain exemptions
will be subject to a minimum penalty of $325, or 2% of income (whichever is
higher) when filing their 2015 income tax returns, up from the $95 or 1% of
their income (whichever is higher)minimum penalty for income tax returns filed
for 2014. This penalty will rise to $695 per adult when filing your 2016 income
tax return.
There
are more than 30 exemptions from incurring the penalty for not having
health-insurance. One is for low-income people who live in states that do not
have an expanded Medicaid program. Another is for people who would have to pay
premiums that would be more than 8% of their total household income. The
government will also allow a variety of hardship exemptions.
The
administration is cutting off health-insurance coverage for about 200,000
people who failed to prove they are legally living in this country. Health
insurance would terminate February 28 for people who have signed up for
coverage in 2014, under the Affordable care Act, and whose insurance had been
automatically renewed for 2015, after officials concluded the people had not
supplied enough information to verify their immigration status.
This
move comes after the administration previously told insurers to drop about
112,000 individuals who did not respond to letters seeking more information on
their legal status.
(2/12/15)-
At last count there were 28 states that had joined, in some form or other, the
expanded Medicaid program, under the Affordable care Act. Republican Governor
Bill Haslam of Tennessee’s plan to join the program, that we wrote about in our
item dated 12/18/14, was defeated by the Republican controlled legislature in
that state. Wyoming’s plan to join the program was also defeated by the state’s
legislative body.
Newly
elected Democratic Governor Tom Wolf of Pennsylvania is scrapping his
Republican predecessor’s plan for an expanded Medicaid program in favor of
joining in with the “straight federal expanded Medicaid” program.
Republican
Governor Gary R. Herbert has negotiated a tentative deal with Obama
administration officials for an alternative expanded Medicaid program, but the
Republican controlled legislature in that state will not go along with the
deal. A vote is expected within the next few weeks on the deal.
(2/9/15)-
Republican Governor Bill Haslam’s proposal to extend health-care coverage to
280,000 low-income residents of Tennessee was defeated by a 7 to 4 vote in the
Senate Health Committee. Mr. Haslam had spent 21 months negotiating with
federal officials for a special deal for the state that included vouchers to
buy private insurance, and assurances that the state could pull out if the deal
cost more than expected.
Hospitals
had pledged to cover the $74 million state share of the deal. Under the deal,
the state would have drawn $2.8 billion in federal funds under the Affordable
Care Act.
On
the other hand, Arkansas, the first state that authorized using federal funds
to buy private health insurance for its poorer residents, reauthorized the deal
for another year. The plan was devised 2 years ago as an alternative to
expanded Medicaid under the Affordable Care Act. Governor Asa Hutchinson, a
Republican is expected to sign the reauthorization.
(2/2/15)-
Republican Governor Mike Pence of Indiana announced that the state would join
the expanded Medicaid program, after the state had obtained certain concessions
from Obama officials. Under Indiana’s agreement, the state can require some
Medicaid enrollees to contribute toward their medical care.
It is
estimated that about 350,000 residents of the state would qualify for the
coverage beginning February 1. The Medicaid program covers about 50 million
people in this country. The expanded Medicaid program is aimed at covering
residents of a state who earn up to a third more than the federal poverty
level, or around $15,500 for a single adult.
Indiana’s
agreement is the first time a state has been allowed to impose strict
requirements on some Medicaid enrollees to pay a portion of their premiums, up
to $26 a month for a single adult, or get locked out of the program.
Under
the Indiana waiver, new beneficiaries in the program with incomes under the
poverty level of around $11,700, for a single adult, would be required to pay
2% of their month’s income, or lose benefits. All enrollees would be required
to pay at least $1, and the fees could go up to $20, for a single adult, or
more for a family.
Individuals
making a little above the federal poverty level would also be required to make
a 2% contribution which could range from about $20 to $26 a month for a single
adult, and they could be locked out of coverage for 6 months if they fall
behind in their payments. Many of the enrollees would have copays of up to $25
for repeat inappropriate visits to emergency rooms..
(1/29/15)- Health and
Human Services (HHS) Secretary Sylvia M. Burwell said it's still too early to
take a bow, but she's "encouraged by the strong interest we've seen so
far." She made that statement because through the middle of January, more
than 7.1 million people had signed up in 37 states where the federal government
is running the health-insurance markets. At least another 2.4 million signed up
in states running their own exchanges.
The health
insurance exchanges offer subsidized private coverage to people who don't have
access on the job. The deadline for 2015 enrollment is Feb. 15, and officials
are expecting the numbers to surge at the very end. The legality of this
subsidization is being questioned in a case presently before the U.S. Supreme
Court, with the decision expected sometime in May.
The top five
states were Florida, with nearly 1.3 million signed up were California, with 1.2 million; Texas,
with nearly 920,000; North Carolina, with nearly 460,000; and Georgia, with
more than 425,000.
Government
officials had previously estimated that 9.1 million people would enroll for
health care insurance during this present enrollment period.
(1/26/15)-
Republican Governor Asa Hutchinson of Arkansas has asked the state’s Republican
controlled legislature to continue the state’s expanded Medicaid program under
the Affordable Care Act for two more years. He also has set up a task force to
come up with recommendations for changing or replacing it.
The
program, known as the private option, has used federal funds to buy private
insurance for more than 200,000 poorer residents through the government’s
HealthCare.gov marketplace, instead of adding them to the state’s traditional
Medicaid program.
A
three-quarters vote of the state’s Republican-controlled legislature is
required to approve the program every year.
(1/6//15)-
Accenture LLP, the technology consulting firm that took control of the
HealthCare.gov website in January to help straighten out the problems
associated with the site, announced that it had won a five-year contract worth
as much as $563 million to continue the job.
The
company’s subsidiary, Accenture Federal Services, which is based in Arlington,
Va., will continue to provide maintenance, software development and technology
support for the site. The contract is for a base of one year and four one-year
options.
The
site has been enrolling new and repeat health-care insurance beneficiaries
since the second enrollment period began on November 15th. That
second enrollment period will end on February 15th.The host-platform
will be with Hewlett-Packard Co., which replaced Verizon Communications Inc. in
the middle of the first enrollment period.
(12/30/14)-
About 6.4 million people selected a health-care plan or were automatically
re-enrolled in the first month of the Affordable Care Act’s open-enrollment
period, according to Sylvia Matthews Burwell, the Secretary for the Health and
Human Services (HHS) department.
This
second open-enrollment period will end on February 15, after having begun on
November 15. This compares with a total of 5.4 million who enrolled in the
inaugural period which ran from October 1, 2013 until March 31, 2015 (6 months
vs the present 3 month enrollment period).
This
total includes about 1.9 million new consumers who obtained private coverage
through the federal exchange. Ms. Burwell told reporters that about 4.5 million
people who got coverage through the federal site in 2014 have re-enrolled.
About 30% of the re-enrollees had re-enrolled themselves, but the rest were
automatically re-enrolled as of December 15, under the terms of the act.
The
new enrollment numbers do not include those who signed up through the state run
health exchanges. The federal government site, Healthcare.gov serves as the
exchange for 37 states. Those who do not get health-care coverage are faced
with tax penalties when they fill out their 2014 tax return of as much as 2% of
household income.
About
85% of people with marketplace coverage receive federal subsidies to help
defray the cost.
(12/24/14)-
The U.S .Supreme Court said it would hear oral arguments in the case from
Virginia of King v. Burwell that involves the issue under the Affordable Care
Act wherein the federal government awards subsidies to millions of consumers
who obtained their health-care coverage through Healthcare.gov, which now
serves 37 states.
It is
estimated that about 4.7 million people receive billions of dollars in
subsidies if the coverage resulted from enrolling through the federal exchange.
The question does not involve those who bought their coverage through their
state exchange.
New
York’s Health department reported that more than 225,000 people have newly
enrolled on its state’s health-care site. That total includes 83,057 people
covered by private insurers and 142,187 by Medicaid. New York enrolled a total
of 370,604 people with commercial and nonprofit insurers in the first year of
operation.
(12/19/14)-
Andrew M. Slavitt, the number 2 official at the federal Centers for Medicare
and Medicaid Services reported that more than 3 million people used the
HealthCare.gov site from Saturday, December 13 through Monday, December 15,
which was the last day for them not to be automatically re-enrolled in last
year’s health plan. The exchange received 1.6 million telephone calls in those
last 3 days.
The
number of individuals selecting plans on the federal health exchange in this
latest enrollment period, which began on November 15, already exceeds the
number who chose plans in the first 3 months of the original health-exchange
enrollment period.
About
half of those making selections in the November 15 through December 12 period
of time were new customers, and half were renewing coverage or switching to a
different health plan.
Administration
officials said there would be an opportunity for “special enrollment” period to
fill in any gaps in coverage, even if they missed the December 15 cut-off date.
(12/16/14)-
The New York State Health Department announced that it would extend its health
exchange registration by 5 days until December 20. The extension would be for
all those enrolling or renewing health insurance coverage for the second year
through the state-run exchange.
The
Health Department said that the extension was needed because of the severe
snowstorm that hit western New York recently. More than 154,562 people have
enrolled through the state health-exchange, since the enrollment period began
November 15, for the first time.525, 283 enrolled in Medicaid and 64,675 in the
state’s Child Health Plus coverage
(12/15/14)-
Only 720,000 people, of the 5 million who enrolled in 2014 had returned to the
healthcare.gov site to select a plan for 2015, according to the latest
government figures through December 5. About 664,000 more people bought plans
on the site for the first time.
If
current enrollees do not act by 11:59 p.m. Pacific time, December 15, they
automatically will be re-enrolled in their existing plans. Thus insurers won’t
get final word on which consumers are switching policies until the deadline has
passed. Insurers thus have a very short timeframe between December 15 and
January 1to get enrollees billed and plans fully activated.
(12/1/14)-
About 220,000 new people signed-up for their health-care coverage on the
federal government’s exchange in the first week of the new enrollment period,
while about 240,000 people renewed plans bought on the exchange last year.
The
deadline for signing up for coverage is February 15, 2015, but current policy-holders have only until December 15 to make changes
to their coverage for the new year. If those policyholders don’t come back to
Healthcare.gov to see the latest offerings, the government automatically will
renew their existing plans.
(11/29/14)-
Wyoming’s Republican Governor Matt Mead announced his plan for making the state
the 28th to be included in the expanded Medicaid program. His plan
would provide Medicaid coverage to about an additional 18,000 low-income
residents of Wyoming. Both the state legislature and the federal government
would have to approve the plan.
Secretary
of health and human services Sylvia Matthews Burwell announced, in a conference
call, that more than one million people had submitted applications for health
insurance in the first week of this fall’s open enrollment period under the
Affordable Care Act, and 45 percent of them had already accepted health plans.
More than 3 times as many people have selected health plans in this first week
than in all of October and November of the first enrollment period.
The
federal website healthcare.gov serves 37 states, with 13 states running their
own site. The present enrollment period ends on February 15, 2015. The number
of complaints about the operation of the federal site and its malfunctions is
down sharply from its initial operation.
(11/18/14)-
More than 500,000 people successfully logged onto Healthcare.gov on the first
day for enrollment for health-insurance for the second enrollment period under
the Affordable Care Act. About 100,000 of them submitted insurance
applications, according to officials with the Health and Human Services
Department.
There
are 2 key dates to keep in mind in connection with this second enrollment
period. December 15th is the deadline for existing policyholders who
want to make changes to plans in time for next year, and February 15th
is when the open enrollment period ends.
Thirty-seven
states rely on the federal site, while 13 states and the District of Columbia
have their own exchanges.
(11/14/14)-
Health and Human Services Secretary Sylvia Matthews Burwell said the
administration was estimating that 9.1 million paid-up enrollees would sign up
for their health-insurance on the insurance exchanges by the end of 2015 The
Congressional Budget Office (CBO) estimated in April that 13 million people
would be enrolled in private health plans by the end of 2015.
The
open enrollment period will begin on Saturday, November 15th and run
for 3 months. If you are receiving a subsidy or tax credit for your
health-insurance premiums, you will have to re-enroll and confirm the data you
entered during the 1st enrollment period.
(10/30/14)-
A new health insurance portal has opened in 5 states as an online marketplace
for small business plans under the terms of the Affordable Care Act. The
exchange, which was due to open last year, had to be postponed due to technical
problems The 5 states that it has opened in are Delaware, Illinois, Missouri,
New Jersey and Ohio. The site will be known as the Small Business Health
Options Program Marketplace Early Access.
Companies
in those states that have fewer than 50 full time employees can start to buy
health insurance for them effective January 1, 2015. If the site does not
encounter problems, it will open for the rest of the states on November 15. The
site will allow employers to create accounts, complete their applications to
obtain coverage through the site and upload a roster of employees to be
covered.
They
will not be able to browse plans or prices until that data is uploaded onto the
site next month. They will not be able to open the accounts until November 15.
(10/18/14)-
Under the terms of the Affordable Care Act, the cost of the premiums to an
employee can not exceed 9.5% of the employee’s annual
salary. For an employer with more than 100 employees who work more than 30
hours a week, the penalty will be $2,000 per employee, starting in 2016.
(10/8/14)-
The Centers for Medicare and Medicaid Services (CMS) will have to postpone its
plan to transfer the health-care insurance exchange to a new hosting service
for the 2nd annual enrollment period that begins November 15.
Verizon
Communications has been the hosting server site for HealthCare.gov, but the
government had signed a contract with Hewlett Packard Co. to host the site for
this next enrollment period. The Verizon platform had a series of outages last
year that shut the site and affected the federal data hub on which all states
rely to transmit information about enrollees’ identity and income. The CMS felt
it had not had enough time to thoroughly test the new Hewlett platform.
Verizon
brought in additional staff and upgraded its servers to better handle this next
enrollment period since its is estimated by the
Congressional Budget Office that 13 million individuals will sign up for the
insurance in this next period of time for enrollment. That is up from the 8.1
million that enrolled in the exchanges inception, and will have to be done in a
3 month period timeframe this time, down from the 6 months within which
enrollment was permitted the first time.
Aaron
Albright, a spokesman for the CMS stated that about 75% 0f newcomers to the
site will be transferred during peak periods to a portion hosted by Amazon Web
Services (AWS). AWS, which is by far and away the largest cloud server hosting
system, will be using a more streamlined platform to create accounts.
(10/5/14)-
Judge Ronald A. White, of the Federal District Court in Muskogee, Okla. ruled
that the federal government could not subsidize health insurance that was
bought on the federal exchange under the Affordable care Act. The judge stayed
the effect of his decision to allow the Justice Department to appeal the
decision.
Judge
White based his decision on the fact that the law authorized subsidies
specifically for insurance bought “through an exchange established by the
state.” The Obama administration has argued that the intent of the law was to
allow subsidies no matter if the plan was part of the state or the federal
exchange. A Virginia federal court upheld the legality of the subsidies.
A
panel of the U.S. Court of Appeals for the District of Columbia Circuit, in the
case of Halbig v. Burwell had reached a
similar conclusion in July of this year, but the court recently struck down
that decision, and the full court will begin a re-hearing of the matter in
December. For more on this matter see our item dated 8/12/14 below.
This
case, Oklahoma v. Burwell, was filed by the state against the federal
government. A fourth case, filed by the State of Indiana and local school
districts, is pending in Indianapolis, which plans to hear arguments this
month.
(10/2/14)-
The Obama administration announced that it will be re-designing the federal
health-insurance exchange at HealthCare.gov so that 70% of the consumers will
be able to use a shorter, simpler online application when the second annual
enrollment period begins November 15th.
The
new application can be used only by first time applicants, not by individuals
who have previously obtained coverage through this exchange. Applicants will be
asked a series of questions to determine whether they should use the old or the
new application.
Consumers
can see the available health plans without identifying themselves, but will
need to create accounts to buy through the exchange.
The
Department of Health and Human Services (HHS) announced that most states will
have at least one more insurer selling health plans under the Affordable Care
Act when the new enrollment period begins on November 15.
33
states out of the 43 where insurers have filed their intentions for the coming
enrollment period are set to have a net increase in plans on the exchange, with
the number of plans increasing to 316 from the 252 plans offered under the 2014
structure.
13
insurers have indicated that they would pull out of exchanges for 2015 versus
the 77 that are planning to enter the process in 2015.
The
HHS summary covers the period up through mid-August and doesn’t cover 7 states.
(9/26/14)-
Centers for Medicare and Medicaid Services Administrator Marily Tavenner
announced that 7.3 million people who had selected health plans through the
state and federal exchanges had paid premiums and retained coverage as of
mid-August based on reports from the insurance companies.
The
Obama administration plans to automatically renew the coverage and tax credits
of most of the 5 million people who had obtained their coverage through the
federal exchange but individuals who have had changes in their income should
renew their health care coverage by re-enrolling again starting with November
15th and ending on February 15th, 2015.
It is
estimated that more than 85% of the people who have bought their health
insurance under the terms of the act are receiving subsidies in the form of tax
credits.
The
Obama administration announced that it planned to terminate health insurance
for about 115,000 people on October 1 because they had failed to prove that
they were U.S. citizens or legal immigrants eligible for coverage under the
Affordable Care Act.
At
the same time it also announced that they had informed 363,000 people that they
could lose financial aid because their incomes could not be verified. Initially
the government was unable to verify the income of about 1.2 million people who
bought coverage through the federal site.
(9/18/14)-
Sylvia Mathews Burwell, the secretary of Health and Human Resources announced
that the Obama administration was awarding $60 million in grants to 90
organizations that would counsel consumers on health insurance for the upcoming
open enrollment period under the Affordable Car Act that begins on November 15th
and runs for 3 months through February 15, 2015.
The
initial enrollment period under the act had run for 6 months and eventually saw
8.1 million individuals enroll under the program.
(9/14/14)-
Democrat Governor Terry McAuliffe of Virginia, basically conceded defeat in his
battle with the state’s Republican House and Senate in his attempt to make
Virginia the 28th state and District of Columbia to join in the
option for expanded Medicaid program under the Patient Protection and
Affordable Act.
The
Kaiser Family Foundation estimates that there are now 10.3 million individuals
enrolled in the expanded Medicaid program.
Gov.
McAuliffe did issue “emergency regulatory actions” that would cover the
heath-insurance care for about 20,000 of the state’s residents with severe
mental illness and about 5,00 children of low-income state workers. These
programs would be paid for with $40 million left over in the state’s present
budget, through July 2015. The state’s General Assembly would then be required
to extend the programs.
(9/6/14)-
Republican Governor Tom Corbett of Pennsylvania became the 9th
Republican governor to opt his state into a form of expanded Medicaid coverage
under the Affordable Care Act, thus becoming the 27th state to join
in this program. Previously, as we noted in our item dated 5/19/14 below,
Republican Governor Mike Pence of Indiana chose to have his state join, after
initially opposing it. The June 2012 decision of the Supreme Court that ruled
the act constitutional, allowed states to opt out of the expanded Medicaid
program.
Mr.
Corbett’s administration said its deal with the federal government included
sweeping changes to the way care was delivered to low-income residents.
Pennsylvania’s expanded Medicaid program would broaden its Medicaid coverage to
everyone earning up to a third more than the federal poverty level, or around
$16,105 for a single adult, or $32,913 for a family of four..
Pennsylvania
will now join Arkansas and Iowa in using Medicaid funds to buy private health
care insurance for its residents. The federal government will pay 100% of the
cost for the expanded program through 2016 and 90% of the cost for the next
three years thereafter
The
state would be allowed to require its residents with income above the poverty
level to pay premiums of up to 2% of their household income, but they could not
be quickly removed from participating if they did not promptly pay their
premiums.. Participants would pay an $8 copayment if they used emergency rooms
for a situation that was not deemed an emergency. Pennsylvania residents who
meet the qualifications will get Medicaid coverage starting January 1, 2015,
with premium payments beginning in 2016.
Officials
in Indiana and Utah are presently negotiating with federal officials from the
Centers for Medicare and Medicaid Services to join the expanded Medicaid
program. It is estimated the state would have about 500,000 of its residents
enrolling in the program
(9/1/14)-
Sylvia Matthews Burwell, the new secretary of Health and Human Services has
named Kevin J. Counihan (59), who ran Connecticut’s successful health insurance
marketplace (healthcare.gov), as the chief executive of the federal market
place. He will start his new job on September 8.
The
Obama administration has said that most of the 5.4 million people who bought
health insurance through the federal marketplace can automatically renew their
coverage during the next enrollment period that begins Nov. 15th,
but many may want to check their eligibility and recalculate any subsidies that
they may be getting.
Mr.
Counihan will run the Center for Consumer Information and Insurance Oversight,
which regulates health insurance at the federal level under the Affordable Care
Act. He will report to Marilyn B. Tavenor, the administrator of the Centers for
Medicare and Medicaid Services.
(8/25/14)-
The state of Oregon brought suit against Oracle America Inc., and 6 of its top
executives accusing them of fraud for failing to deliver a working website
under the Affordable Care Act program. The suit that was filed in Marion
Circuit Court, claims that fraud, lying and “a pattern of racketeering” by
Oracle cost the state and its Cover Oregon program over $240.3 million for a
system that never worked.
A
breach of contract lawsuit was brought against the company by Oregon two weeks
ago in federal court.
(8/16/14)-
The administration has hired Mikey Dickerson to lead a new government team that
is intended to identify and fix the government’s failing computer software
systems and websites, including the health-insurance exchange (HealthCare.gov).
Mr.
Dickerson, formerly an executive with Google, will become the deputy chief
information officer of the federal government and the administrator of the
United States Digital Service Team, a small group of technology experts whose
job it will be to fix the federal government’s websites.
The
federal government hopes to hire 25 technology experts for this area.
Obama
officials have begun the process of removing up to 310,000 people who enrolled
through HealthCare.gov un less they can provide documents by September 5,
showing that they are U.S. citizens or legal residents.
The
Centers for Medicare and Medicaid Services (CMS) will notify the non-responding
individual’s insurer to terminate health policies by September 30. These
individuals have not responded to previous inquiries about their citizenship or
income levels that entitled them to subsidies.
(8/12/14)-
The Virginia challengers who objected to the ruling of the Fourth U.S. Circuit
Court of Appeals in Richmond, Va. that upheld the subsidization of premium
costs for individuals who bought their health insurance on the federal exchange
have filed a petition with the U.S. Supreme Court seeking to overturn that
decision. The federal government ran all or part of the health-insurance
exchanges in 36 states.
The
opponents of the ruling had the option of requesting a rehearing before the
full Court, but that would have taken more time for review by the lower court
before they could appeal the matter to the Supreme Court.
It is
estimated that about 4.7 million Americans bought their health-care insurance
through federally run exchanges.
On
the other hand, the Obama administration plans to request the Second U.S.
Circuit Court to reconsider its decision that called the subsidization by the
federal government for those who bought their health-insurance on the federal
exchange illegal
(8/10/14)-
To follow-up on our item on 7/12/14 below, Massachusetts officials said that
the state would use a retooled state health exchange for enrollment in its
facility for its open enrollment period that will begin on November 15th,
under the terms of the Affordable Care Act.
The
Massachusetts Health Connector was established under its 2006 health overhaul.
Its health insurance exchange faltered as did both the federal and many of the
states’ exchanges.
As we
noted in the item of 7/12/14, state officials decided to buy new software for
its marketplace, but prepared also to possibly switch to the federal exchange.
Connector officials hope to be able to enroll 450,000 individuals during this
next enrollment period, including those with temporary or legacy coverage, who
need to apply for plans that comply with the Act.
(8/7/14)-
Lawrence Miller, Vermont’s chief of the state’s health-care insurance exchange,
Vermont Health Connect, said it had hired a new company, Optum, to replace CGI,
the original contractor for its troubled website. CGI will continue to host the
website.
Premiums
for health-care plans in California will go up 4.1% on average next year for
the 1.4 million residents who chose that state’s coverage under the Affordable
Care Act. California did not allow people to keep individual plans issued
before the law took full effect in 2014.
Based
on figures from 24 states and the District of Columbia, the average premium
increase for next year would be about 7.5% according to PwC’s Health Research
Institute, a subsidiary of PricewaterhouseCoopers LLC. That figure did not
include the new California rate.
(8/4/14)-
William T. Woods, a senior official from the Government Accountability Office
testified at a House hearing that the federal health insurance marketplace, and
its website, HealthCare.gov were over budget and behind schedule because of
“new changing requirements” imposed by administration officials.
He
warned of “significant risks” in the next enrollment period, which begins November
15. Sylvia Matthews Burwell, the new secretary of Health and Human Services
will have her hands full in her new job. Andrew M. Slavitt, the No.2 official
at the Centers for Medicare and Medicaid said the agency was changing
requirements for its contracts to expand the scope of the work that must be
done.
The
Government Accountability Office has estimated that through March of this year,
the government has made commitments to spend $840 million on the federal
health-care insurance exchange. In January the government brought in a new
company, Accenture Federal Services to be the lead contractor on the site. The
one-year contract was initially valued at $91 million, which was increased to
$175 million on June 5.
(7/31/14)-
Among the 14 states operating their own health-insurance exchange, two states,
Nevada and Oregon, are considering joining the federal exchange. On the other
hand, Arkansas is looking to set up its own health-insurance exchange, rather
than stay with the federal system.
The
federal government must give its approval before a state can operate its own
exchange. In seven of the 36 states, the exchange is operated as a formal
state-federal partnership, with the state taking on some tasks, but leaving
others to be run by the federal government.
(7/24/14)-
Two federal appeals courts came to different conclusions in their rulings as to
the legality of the federal government’s subsidization of health insurance
premiums for individuals who bought their health-care coverage on the federal
insurance exchange under the Affordable Care Act of 2010.
By a
2 to 1 vote, a panel of the U.S. Court of Appeals for the District of Columbia
Circuit, in the case of Halbig v. Burwell, struck down a regulation by the
Internal Revenue Service that authorized the payment of premium subsidies in
the 36 states that used the federal exchange. 4.5 million people were eligible
to receive these subsidies. The Justice Department said it would continue to
pay these subsidies to the insurance companies.
On
the other hand the Fourth Circuit in Virginia upheld the subsidies, saying the
I.R.S. rule was “a permissible exercise of the agency’s discretion”.
(7/12/14)-
As we noted in our item dated 5/16/14 below, Massachusetts state board members
of its Health Connector health officials have delayed until their August
meeting whether the state can move forward with its reconstructed state-health
care exchange or join the federal marketplace at HealthCare.gov.
After
its board meeting on Thursday said that, after a successful demonstration of
its new software for its site, that federal officials told them to continue the
dual approach until the August meeting, when a decision must be made as to
which system the state will use.
As we
noted in that earlier item, the state received $174 million from the federal
government to overhaul its website, and has spent about $57 million so far,
including the amount paid to CGI Group Inc (the firm that built the state’s
malfunctioning website), according to Glen Shor, the state’s secretary of
administration and finance.
(6/24/14)-
The results of a survey conducted by phone interviews from April 9 to May 11
with a nationally representative sample of 742 people ages 18 to 64, who bought
their own health-insurance on the new exchanges, by the Kaiser Family
Foundation indicated that 6 out of 10 were previously insured.
The
margin of sampling error was plus or minus 4 percentage points for the full
sample.
The
survey also found that many of them were unsure to exactly what the insurance
covered, nor the amount of monthly premiums that they would be paying. Almost 4
in 10 did not know the amount of their deductible.
(6/17/14)-
Federal officials, and Serco, the company hired by the government to resolve
inconsistencies between claimed income levels, and the levels shown in official
government records used to determine eligibility for subsidies for
health-insurance premiums have estimated that as many as two million people
show discrepancies.
The
government has sent letters out to many of those who obtained their health
insurance under the terms of the Affordable Care Act requiring them to submit
additional documentation to verify their income, citizenship, immigration
status and Social Security numbers, as well as any health coverage that they
may have through their employers.
Individuals
who do not provide the information risk losing their subsidized coverage, and may have to repay the subsidies next April.
Eight
out of ten people who selected health coverage through the health plans under
the terms of the act were eligible for subsidies, including income tax credits.
The federal government has paid out $4.7 billion in subsidies so far this year,
and that amount is expected to grow to $900 billion over 10 years.
(6/15/14)-
A federal judge has decided against the legality of a new rule from an Obama
administration official that required drug companies to offer certain drugs at
discounted prices, saying it had no authority to issue the rule.
Judge
Rudolph Contreras of the Federal District Court in Washington issued his
decision in late May, and Obama officials may appeal the ruling. The discounts
typically range from 20% to 50%.
At
issue is a federal program created in 1982, called the 340B program contained
in the Public Health Service Act, to limit the prices that drug companies can
charge for medications sold to certain hospitals and clinics serving low-income
patients. Under the Affordable Care Act the program was made available to many
rural hospitals and cancer centers. The discount would not be available for
“orphan drugs”.
Some
orphan drugs are not used exclusively to treat rare diseases. The Act did not
make it clear if the discount would be available when an orphan drug is used to
treat a more common medical problem.
The
rule at the center of the court case, issued by Mary K. Wakefield, a top
federal health official, requires drug companies to provide the discount even
if the orphan drug could be used for another common medical problem.
(6/12/14)-
With the resignation of Virginia Democrat State Senator Richard L. Saslow, the
Republicans in that state’s Senate became the majority party with a 20-19 edge
over the Democrats therein. The Republican majority could therefore block the
passage of the Virginia budget, which has a deadline of June 30.
The
Democratic Governor of the state, Terry McAuliffe had been a strong proponent
of expanding its Medicaid coverage as 26 other states have done. With the 20
Republican state senators opposing the expansion, and faced with the budget
deadline of June 30, the governor is seemingly stymied in his attempt to get it
done.
The
Republicans used their majority to call lawmakers back to Richmond, to pass a
budget without providing funds for expanded Medicaid in that budget. Once
passed by the Senate, the budget then goes on to the House, where the
Republicans hold a solid majority. The governor will then have the ability to
add amendments to it, which would then force an up-and-down vote by the General
Assembly.
|
|
|
||
|
Thanks for the response, Allan. No
worries. I reached out earlier about a healthcare guide for the uninsured that
was recently added to MB&CC. You can take a look here: ndent.
I thought this might be something you’d find worth sharing with visitors to
your site and I’d love to see it included as an additional resource for others
to use.
Looking forward to hearing back from you.
Thanks again,
Chelsea
(5/30/14)-
A recent ruling from the Internal Revenue Service stated that large employers
who dump their employees from the company’s health-care coverage, and give the
employee funding to cover the cost of the premium for the new coverage will be
doing more harm than good.
The
employee would have to report that payment as income when filing his/her income
tax, and the employer may be subject to a tax penalty of $100 a day, or $36,500
a year for each employee who goes into the individual market-place.
The
Obama administration announced their position in an authoritative
question-and-answer document released by the IRS, in consultation with other
agencies. When employers provide coverage, their contributions, averaging more
than $5,000 a year per employee, are not counted as taxable income to the
employee. That would not be the case if the employer provided the employee with
a lump sum to go out and buy private insurance.
The
Department of Health and Human Services said it would provide financial
assistance to certain insurers who experience unexpected financial losses this
year.
(5/24/14)-
Nevada’s health exchange board voted unanimously to sever ties with Xerox,
which had a $72 million contract to build that state’s troubled exchange. Xerox
had been paid $12 million to date on that contract. The state is being sued in
a class-action suit by 200 customers of the exchange who said that they paid
for coverage but the insurance carrier has no applications pending for them
About
46,000 people had signed up for the private coverage through the exchange as of
May, which was far fewer than the targeted amount of 118,000. Nevada will now
switch to the federal exchange for which the new enrollment period starts
November 15.
The
Associated Press has reported that federal prosecutors have subpoenaed state
records for a grand jury investigation of Nevada’s failed exchange. Nevada’s
governor, Brian Sandoval is one of the few Republicans who embraced both the
state-run health exchange, and expanded Medicaid under the Affordable care Act.
About
190,000 Nevadans have signed onto expanded Medicaid in the state.
Oregon
was the first state to abandon its own health-care exchange, which was also
overrun with problems in favor of the federal exchange. A grand-jury
investigation of that state’s failed program is being overseen by the U.S.
attorney’s office in Portland.
Oregon
had received about $305 million in federal grants to build its exchange,
according to the Congressional Research Service, but its system turned out to
be unworkable without the help of humans. .In spite of those problems, about
81,000 people enrolled for private coverage, some of which was done using paper
applications. Cover Oregon is one of the more notorious failures of the state
run systems.
(5/19/14)-
Republican Governor Mike Pence of Indiana, who was a member of the Tea Party
when he was in Congress, said that he would ask permission to use federal
Medicaid dollars to expand the state’s Healthy Individual Plan to cover an
estimated 350,000 additional low-income residents.
His
plan calls for removing adults who are not disabled from the Medicaid rolls,
and instead use the state-run plan, which relies on a mixture of health-savings
accounts and private insurance policies with high deductibles. Iowa and
Arkansas have similar type plans for which permission has been granted by
federal officials. The proposal would need the approval of the department of
Health and human Services.
Participants
in his plan would require some premium payments from the enrollees. The poverty
level for an individual is $11,670. Healthy Indiana uses a mix of state and
federal money to cover about 45,000 residents who live below the poverty level
but do not qualify for traditional Medicaid
(5/16/14)-
Massachusetts health officials announced that they would abandon the state’s
problem plagued CGI Group Inc’s built health exchange website, and instead
would buy new software from hCentive, a Virginia
based company that helped build that state’s health exchange. Massachusetts has
paid CGI, the builder of the federal government health-exchange website, $17
million on the $69 million contract.
The
state received $174 million from the federal government to overhaul its
website, and has spent about $57 million so far, including the amount paid to
CGI, according to Glen Shor, the state’s secretary of administration and
finance.
As a
contingency, the state will also prepare to join the federal insurance
exchange, in case the new site is not ready by November, when the next
enrollment period begins. Massachusetts had set up its website in 2006 but had
to revamp last year to comply with the Affordable Care Act.
The
state has put about 190,000 of its residents on temporary Medicaid until it can
determine exactly what coverage they are eligible for. The software being installed by hCentive had been successfully installed in Kentucky and
Colorado. It has also allowed about 100,000 residents to stay in old subsidized
plans that are not compliant with the act, at a cost to the state of about $10
million.
(5/5/14)-
The final report from the Obama administration on the federal and state
marketplaces set up under the Patient Protection Act showed that there were
over 8 million people who had enrolled. Of the 3.8 million who enrolled on the
federal exchange, and who voluntarily disclosed such information, 63% were
white, 17% were black 11% were Hispanic and 8% were Asians.
2.2
million of the enrollees were in the 18 to 34 years old age category, which
represents 28% of those signing up. These numbers were up to March 31, which
was the official deadline, but there will be additional people obtaining
insurance, since exceptions are being allowed.
From
April 1 to 19, another 910,500 people were allowed to sign up. The federal
exchange counted up 5.4 million people, as of the end of its deadline. The
state exchanges signed up a total of 2.6 million. Administration officials did
not have numbers for those who had paid up their premiums.
About
85% of those who chose plans on the exchanges qualified for financial
assistance.
(4/27/14)-
There were 36 states that used the federal government’s health-care exchange
site to enroll people for their health insurance and 14 states that set up
their own exchanges to handle enrollments. Some of the states’ systems worked
well, while others encountered even more breakdowns than the well-publicized
one for the federal government.
Connecticut
ran one of the most functional systems of the 14, so much so that Maryland has
decided to abandon its own website and use software developed for the
Connecticut exchange.
On
the other hand, Oregon has decided to abandon its beleaguered website and adopt
the federal Healthcare.gov system. Oregon, Hawaii, Maryland and Massachusetts
are the states that encountered the most technical difficulties with their
health-care insurance exchange websites, while Connecticut’s exchange turned
out to be one of the best.
The
board of the Oregon exchange met Friday, and along with Democratic Governor
John Kitzhaber has decided to make the change in time for this year’s open
enrollment period that starts November 15 and runs for 3 months. The Cover
Oregon website was built by Oracle Corp. and it is estimated it would cost
about $78 million to build a new site, while migrating to the federal
technology would cost between $4 million to $6 million.
Oregon
had received $305 million in federal grants to build its exchange, according to
the Congressional Research Service.
(4/2/14)-
It will take many months before officials
can “accurately” tally the numbers as to how many enrolled in health-care plans
on the federal and 14 state and District of Columbia exchanges, and the various
breakdowns of that number, so it is useless at this point in time to even take
a wild stab at it.
The
Obama administration continues to try to fix some of the shortfalls in the
Affordable Care Act, with the latest one being that it would allow some people
to receive federal subsidies for health insurance purchased in the private
market outside of health insurance exchanges.
Under
the new policy, people will now be allowed to sign up for coverage on either
the federal or state exchanges and receive federal subsidies “on a retroactive
basis,” going back to the date on which they first enrolled in a health plan
outside the exchange.
The
Congressional Budget Office estimates that four-fifths of people buying
insurance through exchanges will qualify for subsidies, with it costing the
government an average of $4,700 for “each subsidized” enrollee this year.
(3/31/14)-
Administration officials announced that insurance companies could continue to
sell health-insurance plans that do not meet the minimum requirements set in
the Patient Protection and Affordable care Act until 2016. It was the second
time the administration delayed that requirement after insurers cancelled many
policies because of the failure to meet those minimum requirements.
Obama
officials have previously delayed the law’s requirement that firms with more
than 50 employees provide coverage of pay a fee. That rule was supposed to take
effect this year, but was first delayed until 2016.
In
guidance sent to insurance companies, administration officials said that
“C.M.S. will provide consumers who tried to enroll during the open enrollment
period, but did not complete the process by (11:59 p.m.) March 31, a limited
amount of additional time to finish the application, and enrollment process.”
In
cases in which the enrollment period has been extended, the individuals will
have 60 days to select a health plan. Those who finish their applications by
April 15 and pay their initial premiums will be eligible for coverage starting
May 1.
In a
separate bulletin, administration officials listed 10 types of special
enrollment periods, for people with “complex cases”. Any consumer who comes in
after April 1 will have to attest to the fact that they were in line and
eligible to continue their enrollment.
Once
the March 31st enrollment period expires the enrollment period for 2015
will run from November 15, 2014 to February 15, 2016.
The
new guidance also set a limit on consumers’ out-of-pocket costs for health
plans in 2015 at $6,600 for an individual and more for families. That is an
increase of $250 compared with this year’s plans.
(3/26/14)-
Gary M. Cohen, the official in charge of the federal health insurance
market-place, and chief architect of federal rules regulating the operations of
private health insurance under the new law, announced his resignation from that
post. Mr. Cohen said he would be leaving at the end of the month and go back to
California. President Obama accepted his resignation, and thanked him for a job
well done.
As
director of the Center for Consumer Information and Insurance Oversight, Mr.
Cohen had worked closely with all parties in the health field and with Congress
to help formulate the terms of the law. His position will be filled by Dr.
Mandy K. Cohen (no relative), who is now in charge of consumer assistance
efforts in the insurance oversight office in the Health and Human Services
Department.
(3/25/14)-
After several failures, the Arkansas House of Representatives voted to continue
allowing the state to use Medicaid dollars to buy private health-care insurance
for poorer residents as we discussed in our item dated 2/28/14 below. Arkansas
was the first state to offer a “private option” to extend coverage to about
100,000 lower-income residents.
The
vote was 76 to 24, just above the 75% needed for passage under the state’s
legislative rules. Since the state’s Senate had passed the bill last month, the
measure now goes to Democratic Governor Mike Beebe, who is expected to sign it
into law.
(3/21/14)-
Obama administration officials announced that it would allow consumers to renew
health insurance policies that did not comply with the new law for two more
years, with renewals as late as October 1, 2016. In addition, the
administration said, insurers could continue charging women more than men for
those policies and could charge higher premiums based on a person’s health
status, in violation of the new law. Thus individuals and small businesses
could have noncompliant coverage well into 2017.
According
to officials from the Centers for Medicare and Medicaid Services. a total of
943,000 people had signed up for health insurance in February, which was down
from the 1.1 million who had signed up in January. That brought the total
through February up to 4.2 million. The enrollment period for this year ends
March 31, although an exemption will be made for late signees who were affected
by the technical glitches that may occur as that date draws close.
Of
those who signed up in February, 27% were between 18 and 34, up slightly from
the 25% for the first four months of the enrollment period, through January .Of
the people who had enrolled for health insurance, 2.6 million were done through
the federal marketplace, and 1.6 million were in states running their own
exchanges.
California
and New York accounted for two-thirds of all sign-ups through February in the
14 states and District of Columbia running their own exchanges. California had
869,000 sign-ups and New York had 244,600 sign-ups.
In
the federal insurance market place, Florida has had
442,000 who came on board through February, with Texas having 295,00 and North
Carolina having 200,500 signees.
The
Affordable Care Act requires all insurance policies that began after September
2010 to cover the older colon-cancer-screening tests with no out-of-pocket
costs to patients. If polyps have been found during a screening, some health
plans no longer consider subsequent screenings to be preventive,
and require a co-pay. Medicare follows similar rules.
The
U.S. Treasury Department noted that companies with 50 to 99 employees accounted
for 7% of the private sector work force, while businesses with 100 or more
employees accounted for 66%. Small businesses with fewer than 50 employees
account for nearly 28% of the private work force.
Local
governmental agencies would generally not have to provide health insurance to
“bono fide volunteers” who work as firefighters or emergency medical
technicians.
(3/7/14)-
Lawmakers from both parties are objecting to a plan, announced by the Centers for
Medicare and Medicaid Services (CMS) officials in January that was aimed at
reducing the cost of drugs to the program. The change was part of a broad plan
to the Medicare Part D Prescription program that covers about 39 million
beneficiaries.
Medicare
officials hoped to end, starting in 2015 or 2016, the practice of covering any
and all type of antidepressant, antipsychotic or immunosuppressant drugs,
except for a few in its formulary for these classes of diseases.
Medicare
presently covers about 140 classes or categories. Six of these classes have a
“protected status”. Any and all drugs in the “protected status” category must
be paid for by the plans.
Many
private insurance drug-coverage plans have drug formularies in which the
insured has a different co-pay, depending on the fact as to which category the
particular drug falls within i.e. generic, preferred or branded.
Federal
law prohibits pharmaceutical companies from giving payment assistance to
patients insured by federal programs such as Medicare and Medicaid. That law is
aimed at preventing the encouragement of unnecessary drug usage. The question
therefore arose as to whether or not that law barred drug companies from making
co- payments for drug usage for the newly insured who bought health-care
coverage through one of the new online exchanges that came into being under the
Affordable Care Act.
Since
the government is giving subsidies to many of the newly insured, does that
prohibition apply to this situation?
Health
and Human Services Secretary Kathleen Sebelius ruled that it is not a violation
of the law. In a letter to Rep. Jim McDermott (D., Wash.) she stated that this
insurance is not a “federal health-care program.
(2/28/14)-
Arkansas Republican House Speaker Davy Carter said he planned to schedule
another vote, and was confident the private “expanded Medicare measure would
eventually pass. The measure has until March 19th to be passed, so
it is quite possible that the state will pass its version of the private
“expanded” Medicaid option. We discussed this issue in our item dated 2/23/14
below.
California
state officials announced that more than 828,000 state residents had signed up
for health-care coverage on the state’s Covered California exchange.
Californian’s thus account for more than 20% of the 3.3 million people who have
enrolled for health-care coverage under the Affordable care Act.
(2/23/14)-
The state legislature of Virginia, which has 400,000 low income residents,
failed to pass legislation to “expand” its Medicaid program, with the
Republican controlled House vote fell 5 votes short of the 75 needed votes,
while the Democratic controlled Senate voted in favor of it. The state’s
Constitution required a three-fourths majority for passage of the legislation.
There
are 25 states that have “expanded” Medicaid, the program in which the federal
government pays 100% of the cost for those in the state who are enrolled for
the next 3 years, and then 90% of the cost for the next 3 years.
Individuals
who are in the expanded program earn too much money to normally qualify for
Medicaid in their home state, but are not old enough to qualify for Medicare.
(2/20/14)-
The Arkansas House failed to renew the state’s “private option” Medicaid plan
that we mentioned in our item dated 2/12/14 below. In addition to Arkansas, New
Hampshire may adopt this type of program and Utah and Pennsylvania have already
gone this route. This is not the “expanded Medicaid” program that has been
accepted in 25 states.
The
100-member House fell five votes short of the 75 needed to reauthorize the
plan.
Under
the “expanded Medicaid” program, the federal government pays 100% of the cost
for 3 years, and then 90% of the cost for new enrollees in those states who
earned too much money to be eligible for regular Medicaid, yet not enough to be
able to afford health insurance. In the case of New Hampshire, this meant that
as many as 250,000 poor people qualified for the private option.
Arkansans
who are eligible for the program earn up to 138% of the federal poverty level,
of $15,900 for a single person, to get health-care insurance from one of the
four companies on the state’s health exchange. Enrollees with incomes between
100% and 138% of the poverty level are charged co-payments, with an annual
out-of-pocket limit of $604. The co-payment for a primary care appointment is
$8, while it is $10 for a specialist.
Because
of a change in the make-up in the Arkansas state legislature, the program which
now covers 83,000 may be discontinued. State financing for its costs in the
program have to be re-authorized every year, so even with a slight change in
the make-up of the legislators the program may be coming to a halt, which will
bring in $915 million to the state this year. The state’s Constitution requires
a three-fourths vote to gain approval.
(2/12/14)-
State legislators in New Hampshire have reached the framework for a bipartisan
agreement to expand Medicaid to about 50,000 low income adult residents of the
state. Under the pact, the state will use federal money to buy private
insurance, similar to the method adopted last year in Iowa and Arkansas.
The
agreement will be drafted into a bill, which will probably be voted on in
March. Governor Maggie Hassan, a Democrat, praised the deal during her State of
the State speech.
(2/5/14)-
Do Accountable Care Organizations (ACOs) help curb health-care costs? The
latest figures from the Centers for Medicare and Medicaid Services (CMS) leaves
that question unanswered.
It
was hoped that groups of physicians or hospitals that formed ACOs would both
improve the quality of medical services to Medicare patients, while at the same
time, reducing the cost of those services to Medicare. If the ACO was able to
accomplish this goal, the organization would, in return, receive incentives for
doing so.
About
half of the original 114 hospitals and doctors’ groups that were formed under
the Medicare Shared Savings Program of 2012 were able to slow Medicare spending
in their first year, but only 29 of them saved enough to qualify for the bonus
payment, according to the latest figures released by CMS.
The
29 ACOs that met the goal during their first 12 months divided $128 million in
net savings, while generating an additional $128 million in net savings for the
Medicare Trust Fund.-the account that pays for beneficiaries’ hospital, doctor
and drug coverage.
An
additional 54 ACOs slowed Medicare costs for their patients somewhat, but not
enough to qualify for the bonus. More than 360 hospitals and physicians groups
have formed ACOs under the program. There are about 5.3 million Medicare
beneficiaries covered under the ACO program, according to a statement from the
CMS.
Total
Medicare spending was $574 billion in 2012.
(1/16/14)-
Recently released figures from the Department of Health and Human Services
showed that 2.2 million individuals had enrolled in private health-care plans
through Medicare.gov and the 14 state run health exchanges, for the period
ended December 28, 2013. A separate report indicated that the number of
Medicaid eligible individuals had doubled to 1.6 million.
The
demographic data in the report indicated that:
·
24% of the enrollees were between the ages of 18
through 34
·
55% were between the ages of 45 through 64
·
7% selected platinum plans
·
13% selected gold plans
·
60% selected silver plans
·
20% selected bronze plans
·
1% opted for catastrophic coverage
·
79% qualified for some federal assistance
Officials
still hope to have 7 million enrollees by March 31, 2014. About 54% of the
enrollees were female and 46% were males. 56% enrolled through the federal
exchange and 44% enrolled through the state and Washington, D.C. exchanges.
California
was the state with the most enrollees, namely 498,794, which fell shy of the
611,000 that had been hoped for. Florida had 158,040 and New York came in 3rd
with 156,902 enrollees.
(1/2/14)-
As of December 24th, 230,624 New Yorkers had enrolled in either
private or public health-care insurance, qualifying them for coverage on
January 1, 2014, according to New York officials. As of December 30th, that
number had grown to 241,522.
Of
those enrollments, 175,146 are in private commercial insurance plans, and
66,376 are in the Medicaid plan. The federal government had estimated that
102,500 would enroll in New York by December 31. Enrollment remains open
through March 31. About 75% of those enrolling in individual plans on the New
York exchange qualified for a subsidy to reduce the cost of the premium. The
goal set for March 31 was an estimated 218,000.
Connecticut
had 34,295 people enrolled in private plans through that state operate
health-care exchange, Access Health CT, as of December 23, according to state
officials. This was about 1,000 more enrollees than the goal set for March,
becoming the first state to exceed the March estimate.
(12/31/13)- Officials from the Obama
administration announced that more than 1.1 million people had signed up for
health-care insurance plans through the federal HealthCare.gov exchange through
December 24. California officials stated that, as of December 23, more than
400,000 of its residents had enrolled in its state-run health-care insurance
exchange.
Roughly,
it is now estimated that a total of two million people had enrolled in
health-care plans through the 14 state operated, Washington, D.C. and federal
exchanges. Although this is short of the hoped for 3 million individuals that
Obama officials had hoped for, enrollment is still open for individuals through
March, 2014.
(12/26//13)-
Obama administration officials announced on the healthcare website that they
would extend the sign-up period for consumers trying to buy health insurance
past the December 24th deadline if they qualified for a “special
enrollment period” if they could show they had tried to enroll, but could not
do so because of problems with the healthcare.gov site. The officials did not
set a specific timeframe for the extended enrollment.
Consumers
who do not qualify for the “special enrollment period”, but who register from
now through January 15th will generally be entitled to coverage that
takes effect on February 1, provided they pay their share of the first month’s
premium before then.
The
original deadline for coverage starting January 1, 2014 was December 15, 2013.
On November 22nd the deadline was extended to December 23. On
December 23 the White House provided a 24-hour grace period to 11:59 p.m.
December 24.
If
consumers want to plead their case, they can call a special number, 800 318
2596, and explain why they couldn’t complete their application in time. That
number will be staffed 24 hours a day, 7 days a week, except for Christmas.
(12/20/13)-
The insurance industry’s trade association, America’s Health Insurance Plans,
said in a statement that was
released on Wednesday, that they would give consumers an extra 10
days to pay their first month’s premiums. Customers will still be required to
be enrolled in most places by December 23, although Maryland has pushed that
date back to December 27. March 31 remains the last date for most people to
obtain coverage for all of 2014 through the federal and state exchanges.
This
means that insurers have agreed to cover their customers retroactively if they
go to the emergency room or doctor’s office after January 1, but send in their
payment by January 10.
(12/17/13)-
The federal exchange website has run, without crashing since early December. In
the first week of December, about 112,000 people selected plans, compared with
about 100,000 in all of November, and only 27,000 in October. Last week, more
than half a million people created accounts on the federal website.
Of
the 14 states that are running their own websites, as of November 30,
California has enrolled 107,087 people, New York 45,513, Washington 17,750 and
Kentucky 13,145. The other states have enrolled 43,963.The total enrollment for
the 14 states through November 30th was 227,500 people
The
federal government has made contractual commitments to spend $677 million on
information technology for HealthCare.gov and paid out $319 million through
October. About 41% of those who have signed up so far have been found to be
eligible to receive subsidies for their premiums and deuctibles
(12/14/13)-
The administration announced that health-insurance policy purchasers under the
Affordable Care Act will now have until January 5,, 2014 instead of December
31, 2013, to make their first premium
payment for their coverage which begins on January 1, 2014.
HealthPocket Inc., a company that compares health-insurance
plans for consumers, estimated that the average individual deductible for what
is called the bronze plan (the cheapest one) on the federal online exchange was
$5,081 a year, which is 42% higher than the average deductible of $3,589 for
individually purchased plan in 2013. The study covered 34 of the 36 states
covered under the federal online exchange.
There
are tax credits available to help cover the insurance premiums for people with
annual income up to four times the poverty level, or $45,960 for an individual.
In addition “cost-sharing” subsidies to help pay deductibles are available to
people who earn up to 2.5 times the poverty level, or about $28,725 for an
individual, in the exchange’s silver plan
(12/11/13)-
Because 25 states have refused to go along with expanded Medicaid, federal
spending will be about $45 billion lower
in 2016 according to calculations made by the Urban Institute and the Kaiser
Family Foundation.
The
Patient Protection and Affordable Care Act sets an annual out-of-pocket maximum
of up to $6,350 for individuals and $12,700 for families, after which the
insurer would be responsible for the cost. If you are choosing a plan, be very
conscious of the co-pay for the drugs in the plan you choose. Also, make sure
the drugs you use are included in the formulary of the plan you select.
(11/30/13)-
Officials from the Health and Human Services Department announced that there
would be a delay for the online enrollment in the Small Business Health Options
Program (SHOP exchange), which enabled businesses with less than 50 employees
from joining up in 2014, unless they did so through an insurance broker, agent
or insurance company.
That
date has now been pushed back to November 2014 for coverage that takes effect
in January 2015.
“The
agent, broker or insurer will help the employer fill out a paper application
for SHOP eligibility and send it into the SHOP marketplace”, according to
administration officials. The insurer can enroll the employers and determine
what premiums they would have to pay.
Some
small businesses may qualify for tax credits worth up to 50% of their premium
costs, but the credit can be obtained only by plans that are purchase through
the small business exchange.
Department
of Health and Human Services also announced that Terremark,
a subsidiary of Verizon Communications, the contractor that handles the
computer servers for the federal health exchange will be replaced in March by
Hewlett-Packard.
(11/26/13)-
Julie Bataille, a spokeswoman for the Centers for Medicare and Medicaid
Services (CMS) announced on Friday that the government would give people 8 more
days, taking the deadline up until the 23rd of December, to sign up
for health insurance coverage that would take effect on January 1, 2014. The
government was giving recognition to the fact that because of the computer
snafus and technical glitches in connection with the federal website, the delay
was necessary.
Premiums
for the coverage would have to be paid by December 31 for the coverage to begin
January 1 for the policy to qualify for the program,
The
administration also announced a one month delay until November 15, 2014 for the
second enrollment period which was to have ended on October 15th under
the terms of the Affordable Care Act.
Jeffrey
D. Zients, President Obama’s troubleshooter on the federal exchange repair
project said that the federal site could now handle 25,000 users at the same
time, and would be able to handle 50,000 users simultaneously by the end of
this month.
Sara
R. Collins, a vice-president for The Commonwealth Fund, a foundation that
specializes in health policy said that the 14 states handling their own
exchanges had signed up 173,268 people, and that the federal site had signed up
26,764 as of the latest count.
(11/24/13)-
Although the Republican governor of Alaska favored his state’s entry into the
expanded Medicaid program the legislature refused to go along with him. The
number of enrollees in the health insurance exchanges continue to lag
expectations, the same is not true for those entering the expanded Medicaid
program.
The
administration announced that 396,261 individuals have enrolled in expanded
Medicaid, which is far in excess of the anticipated number.
(11/14/13)-
A
new Kaiser Family Foundation state-by-state analysis estimates that 17 million
people nationally will be eligible for tax credits under the Affordable Care
Act (ACA) next year if they purchase coverage through new health insurance
marketplaces. This includes 2 million in Texas, 1.9 million in California and
1.6 million in Florida -- the three states with the largest number of residents
eligible for tax credits.
Another
problem has surfaced in connection with the interconnect ability of the 36
federally operated health-insurance exchanges and the 14 state operated
exchanges. The federal website, HealthCare.gov was intended to be a gateway to
Medicaid allowing eligible Medicaid beneficiaries to pass from the federal site
directly to the state site to enroll there in one step.
That
has not transpired since the federal government has been unable to transfer its
files to the state Medicaid programs, so that entryway has been closed for the
last 6 weeks. This is true even for those states that have opted for expanded
Medicaid.
Many
people going to the health exchanges do not know they are even eligible for
Medicaid or for tax credits to subsidize the purchase of private insurance on
the exchanges. As things now stand, a state pays anywhere from 27% to 50% of
Medicaid costs. Under the expanded Medicaid program, the federal government
will pay 100% of the cost for the next 3 years, and 90% of the cost for the
next 3 years.
(11/10/13)-
The Patient Protection and Affordable Care Act assesses a levy of $63 on each
person covered in a health plan, which goes into a fund to compensate the
health insurance companies that end up paying big medical bills for new
customers who buy their insurance on the government exchanges.
The
levy is applied to spouses and dependents, as well as to the policy-holder.
Kaiser
Health News, a nonprofit news organization reported that the government intends
“to propose in future rulemaking to exempt certain self-insured,
self-administered plans from the requirement to make reinsurance contributions
for the 2015 and 2016 benefit years.” This exemption would apply to unions and
some businesses.
(11/8/13)-
The Department of Health and Human Services issued a ruling that copayment
assistance drug cards can continue to be used under the Affordable Care Act,
and usage of these cards or coupons is not to be considered an illegal rebate.
Pharmaceutical companies are contributing $85 to $90 billion in fees,
drug-price discounts and other givebacks under the law, according to Prevision
Policy LLC, a health-policy consulting firm.
Drug-payment
assistance cards and coupons help offset copayment and co-insurance for those
who use these items, and thus help to reduce the cost to the holders. You may
argue that the rest of us, in turn are the ones who are really paying for it,
but I believe the benefit to the lower income individual outweighs the ultimate
cost for the rest of us.
(11/5/13)-
The latest figures through October 25 indicate that 700,000 people had applied
for health-insurance, with about one-half coming from the federal site and the
other half from the state-exchanges.
Julie
Batile, a spokeswoman for the Centers for Medicare
and Medicaid Services, which has responsibility for the federal website stated:
“All of that is covered with our contractual obligation that already exist,
that $630 million number.”
The
Obama administration assigned new responsibilities to Quality Software
Services, a unit of UnitedHealth Group, saying it would be the general
contractor, coordinating work on the project. CGI Federal, a unit of CHI Group
has been the lead contractor for the project.
(10/30/13)-
One of the major problems afflicting the federal health care insurance exchange
is that there are at least 55 separate contractors reporting to the Department
of Health and Human Services. Many computer experts feel that the department
did not have the technical expertise to oversee such a project.
Thus,
an outside coordinator, Jeffrey D. Zients has now been brought in by President
Obama to oversee the operational capability of the federal health-care exchange
insurance site.
It is
estimated that the computer project has cost at least $400 million up to now,
with at least another $500 million having to be spent before it can become
fully integrated with the needed databases from the federal government.
(10/26/13)-Obama
administration officials announced that people won’t have to pay a tax penalty
in 2014- which starts at $95,or 1% of taxable income-if they sign up for
health-care coverage by March 31.
With President Obama conceding that there have been numerous snafus in the
federal computer system for its health-care exchange enrollment, the promise
has been made that it will be corrected by the end of November.
(10/25/13)-
Ohio became the 25th state plus the District of Columbia to accept
expanded Medicaid coverage, according to the Kaiser Family Foundation.
Republican Governor John R. Kasich, who was one of the leading opponents of the
Affordable Care Act, took the issue to the 7 member state Controlling Board to
release $2.5 billion in federal funds sent to the state for the expansion,
after the Republican legislature refused to go along with it.
The
5-2 vote will allow 275,000 Ohioans who previously were not eligible for
Medicaid to be covered by the program. A budget was sent to the governor by the
General Assembly that forbade Medicaid expansion without lawmaker’s approval.
Mr. Kasich vetoed that item.
Under
the act, the federal government will pay 100% of the additional cost for
Medicaid expansion for the first 3 years, and 90% of the cost for the next 3
years.
(10/22/13)-
Federal judges in Washington, D.C and Virginia will consider whether or not the
language in the Affordable Care Act allows subsidies to be paid to help reduce
the premiums paid by low income earners who purchase their health-care
insurance from an exchange set up by the federal government in states that did
not set up such marketplaces. 14 states and the District of Columbia have set
up their own exchanges, so the question does not pertain to these
jurisdictions.
The
act states that people qualify for subsidies if they obtain health insurance
through an exchange “established by the state”. Thus should the subsidy also
apply to insurance purchased through an exchange set up by the federal
government for the state?
(10/21/13)-
According to data compiled by the Wall Street Journal, at least 38,000 people
have signed up for new health care plans in the 14 state-run exchanges that
opened on October 1. The federal government, which is running the exchanges for
36 states said that it would not release enrollment data until November.
Of
the 14 states that reported numbers, Kentucky led the way with 9,500 enrollees.
The Congressional Budget Office has estimated that 7 million people will enroll
in a health plan from one of the exchanges set up under the Affordable Care Act
New
York state said last week that it had 40,000 completed applications, putting it
atop that list.
5.2 million people who won't
qualify for Medicaid or Subsidies for private insurance live in the 26 states
not expanding Medicaid under the Affordable Care Act.
Q: What is the
"reinsurance" tax?
A: It is a $63 tax assessed on nearly every health
insurance plan enrollee for the next three years. The money collected is
then used to help insurers in the individual market with high-cost cases that
reach beyond a catastrophic cap. The fund would reimburse insurers for 80
percent of costs for claims between $60,000 and $250,000 per person.
(10/16/13)-
One of the biggest complaints being voiced in connection with the federal
health exchanges is that it requires you to register before you can view the
different health-plans that are available and compare them. This problem has
now been corrected, and you can now view the different plans being offered
without having to first register.
We at
therubins recently
received the following e-mail from Jeffrey Redd, an Outreach Director and have
reprinted that email below since we know the topic is of great interest to many
of our viewers
Hello, my name is Jeffrey Redd.
I was doing some research about healthcare,
insurance, and what the future brings. I saw you mention Healthcare.gov along
with a few other great places on http://www.therubins.com/index.htm.
Thank you for mentioning them. The information they
provide the public is exceptional.
I put together some data, and information in regards to substance abuse, and mental health treatment.
It is an extremely important aspect of
healthcare, but for some reason is not talked about
nearly enough. I wanted to see your thoughts, and if possible help me spread
the word. You can see it here: http://www.quitalcohol.com/health-insurance-and-addiction.html
Let me know your thoughts, and thank you very much
for your time. Take care.
Thank you.
Sincerely,
Jeffrey Redd
Outreach Director
(10/13/13)-
When you purchase your health-care insurance on one of the exchanges, the
exchange will verify your income by checking your tax return from last year, as
well as your present income. If your self-attested income varies by more than
10% from this amount, you will be asked to provide additional documentation to
verify the amount.
Whether
or not you pay full price or qualify for a premium tax credit depends on your
modified adjusted gross income on your latest tax return. If your household’s
modified adjusted gross income is from 100 to 400 percent of the federal
poverty level ($11,490 to $45,900 a year if you are filing an individual return
and $23,550 to $94,200 for a family of four), you may be eligible for a premium
tax credit.
Your
adjusted gross income is found on line 37 of your income tax return form, but
you must add back in your dividends, interest income, Social Security income
and retirement account withdrawals. You
also must add in any income from a dependent who has to file his/her own income
tax return
(10/7/13)-
One of the least discussed items in the Affordable Care Act is the provision
calling for a government-funded test authorizing Medicare to set up pilot ACOs.
More than 250 health systems have signed on since 2011, covering more than 4
million Medicare beneficiaries.
It is
estimated that the sickest 1% of the population cost the medical system about
22% of health spending.
Medicare
automatically assigns patients to an ACO, whether they like it or not, if they
get most of their primary care from a physician in that ACO. If a patient goes
outside the assigned one, the assigned ACO picks up the cost for that treatment
even though it had no control over the treatment. Medicare will retroactively
reassign a patient to another ACO if the patient, on a quarterly basis uses an
unassigned ACO, more than an assigned one.
Under
federal rules, if a Medicare ACO meets 33 quality criteria, and lowers average
patient cost below an assigned benchmark, it splits the savings with Medicare.
Medicare calculates the benchmark using a health group’s historic costs.
Gary
M. Cohen, 58, is the director of the Center for Consumer Information and
Insurance Oversight, and he is the official in charge of supervising the new
health insurance marketplace set up under the terms of the Affordable Care Act.
The federal government is running 36 of the exchanges by itself.
He is
a graduate of the Fieldston School.in the Bronx,
Brown University and Stanford Law School. He was a litigator at Keker & Van Nest, a San Francisco law firm, for 16
years. He also worked at the California Public Utilities Commission and the
state’s Department of Insurance.
Even
though you must enroll by December 15th for coverage beginning
January 1, 2014, the exchanges will be open for enrollment through March 31,
2014.
(10/3/13)-
The site, HealthCare.gov, encouraged people to “connect” via Twitter, Facebook
and Youtube, and required users to have an e-mail
address in order to sign up. It provided a phone number if you wished to call,
but there was a long delay in getting the call answered.
If
you were able to get onto the site its design and aesthetics were excellent.
You
can use your smartphone to get onto the site and register.
(10/1/13)-
Obama administration officials announced that the health-insurance market place
for small businesses would have to delay its opening by a month to November 1,
2013. The individual health-insurance exchanges will open today as planned, but
because of soft-ware snafus, not everyone will be able to enroll online
starting today.
For
those wishing to enroll, but unable to do so online, the individual will either
have to download a printable form, of go to an insurance agent who is licensed
to enroll applicants in a plan..
At
the same time the administration did also announce that all functions for the
Small Business Health Option Program Marketplace will be available in November,
and if employers and employees enroll by December 15, 2013, coverage will begin
January 1, 2014.
(9/27/13)-
The ad campaigns, both for and against the new health care law, are in full
swing as we approach the beginning of the enrollment period for health-care
coverage under the Patient Protection Act. The federal government will be the
sole operator of the health-care exchanges in 36 states. 14 states and the
District of Columbia will operate their health-exchanges in conjunction with
the federal government
Political
groups have spent roughly $500 million since the law was passed either in favor
or in opposition to the act according to Kantar Media, an ad-tracking unit of
WPP PLC. So far, the majority of spending has been done in opposition to the
law.
(9/12/13)-
California officials said that the state will be able on October 1 to enroll
its residents online in a health-insurance plan set up under the terms of the
Affordable Care Act. Dana Howard, a spokesman for Covered California, the
agency operating the exchange in the state in which individuals or small
businesses can select and enroll in a plan.
Mr.
Howard said, exchange officials had completed test of the online system,
including creating accounts, selecting plans and assessing eligibility for
subsidies
(9/6/13)-
The National League Football team the Baltimore Ravens, the winner of last
year’s Super Bowl, will help to promote the word about the state of Maryland’s
new health-care- insurance exchange which was created under the terms of The
Patient Protection and Affordable Care Act (PPACA).
The
Obama administration had hoped that the league as a whole would help to promote
the law, but several of the team owners had objected to doing same, after being
warned by some Republican lawmakers to all sports leagues to avoid doing so..
About 800,000 or 14% of the state’s population of 5.8 million is uninsured.
Former
President Bill Clinton has also been in the forefront as an advocate for the
health-care law.
Fourteen
states and the District of Columbia are running their own health-insurance
exchanges, while the federal government will be operating the exchanges in 36
states. People can start signing up for the coverage beginning October for the
coverage that will start January 1, 2014.
Danielle
Davis, communications director for Maryland Health Connection, said ads will be
placed on a Raven related radio show and website.
(9/5/13)-
The Michigan State House, by a bipartisan vote of 75-to-32, gave final approval
to a measure that would add the state to the expanded Medicaid coverage under
the Patient Protection Act. In doing so, it is estimated that almost a
half-million more low income adults would be eligible for coverage.
The
State Senate narrowly passed the measure last week, with the blessing of
Republican Governor Rick Snyder, who had been a vocal opponent of the law.
Under the terms of the act, the federal government will pay the entire cost of
those low-income individuals who would now be covered under Medicaid, and 90%
of the cost for the following 3 years
(8/18/13)-
The limit on out-of-pocket medical costs, including deductibles, co-payments
and prescription drug costs was not supposed to exceed $6,350 for an individual
and $12,700 for a family in 2014 under the terms of the Affordable Care Act of
2010.
It
has come to light however that a grace period has been extended until 2015
under a ruling that was contained in the Labor Department's Web site in the
"frequently asked questions about Affordable Care implementation".
Under
the ruling, many group health plans will be able to maintain separate
out-of-pocket limits for benefits in 2014. As a result, there could be a $6,350
limit for doctors' services and hospital care, and an additional $6,350 for
prescription drugs under a plan administered by a prescription benefits
manager.
Some
consumers may even have to pay more, as some group health plans will not be
required to impose any limit on a patient's out-of-pocket costs, it will not
have to impose one in 2014.
The
law also requires coverage of dental care for children, but these benefits can
be offered in a separate health plan with its own limit on out-of-pocket costs.
(8/13/13)-
Oregon, which is one of 14 states that will operate its own health-insurance
exchange, will open for business on October 1, but consumers will not be able
to access it online. Officials at Cover Oregon, as the exchange has been
called, should be able to go online to enroll by the end of the month.
For
the first couple of weeks of the enrollment period, consumers in Oregon will
have to visit an agent's office, or find one willing to come to their house to
enroll. Cover Oregon said that it has trained about 1,000 agents and 800 other
people to help people enroll.
Officials
from Oregon give as the reason for the delay is that they wanted to test the
system properly, over a sufficient period of time to make sure that the system
worked properly once it started up.
The
District of Columbia will operate its own health-insurance exchange.
(8/10/13)-
A provision of the Affordable Care Act of 2010 that went into effect last year,
penalizes acute care facilities for excess re-admissions of Medicare patients.
The
maximum penalty is 1% of a hospital's base Medicare payment, but hat will increase to 2% on October 1, and go up to 3% by
fiscal 2015. The penalties are based on the number of patients above the
national average who are re-admitted to an acute-care hospital due to heart
failure, heart attack or pneumonia and then re-admitted with 30days.
An
estimated $227 million in fines will be levied this year by Medicare against
2,225 hospitals starting in October. Last year, 32,214 hospitals were fined a
total of roughly $280 million.
(8/9/13)-
Under the terms of the Affordable Care Act, a tax would be imposed starting in
2018 on owners of health insurance plans that cost above a certain threshold.
The purpose of this so-called "Cadillac Tax" was to make the consumer
more aware of exactly the costs involved in their medical treatment.
The
tax would be imposed starting in 2018 for plans that cost the employer above
$10,200 annually for individuals and $27,500 for family plans, with slightly
higher cutoffs for retirees and those in high risk professions like law
enforcement. The tax would be 40% on the excess amounts.
Municipal
and state unions are mobilizing their resources to deal with this issue since
many of their employers have plans in which the government pays a large, if not
all of the costs for the individuals health insurance.
(8/2/13)-Individuals
earning up to 400% of the poverty level can get federal subsidies to help with
the cost of their health insurance premiums, but only if the policy is bought
through the newly created health exchange.
This
year, 400% of the poverty level is $45,960 for an individual, and $62,400 for
two-person households.
Some
cities may also provide moderate monthly stipends to help retirees with the
cost of their premiums for their health insurance purchased through the new
health insurance exchange market.
For
taxpayers who itemize their deductions, medical expenses paid for themselves,
spouses and dependents will have to exceed 10% of adjusted gross income unless
the person paying the bill are 65 or older as of December 31 this year. In that
case the threshold will remain at 7.5%
(7/27/13)-
As of the latest count, the federal government has full control over the
health-insurance marketplace in 19 states, while 17 of the states and the
District of Columbia will manage their own exchanges. The health-insurance
exchange in 15 of the states will be joint ventures between the federal and
state governments.
Getting
the computers to communicate with each other will be just one of the many
problems the new systems will be faced with once the provisions of the new law
come into affect.
(7/24/13)-
Individuals buying health insurance on their own in New York State will see
their premiums fall next year by about 50%, according to state officials. State
insurance regulators say they have approved rates for 2014 that are at least
50% lower on average than those currently available in the state.
Beginning
in October, individuals in New York City who now pay $1,000 a month or more for
coverage will be able to shop for health insurance for as little as $308
monthly. With federal subsidies costs will be even lower.
(7/21/13)-
Equifax Workforces Solutions, a unit of Equifax Inc. has been hired by Obama
officials to help verify the incomes of people who apply for federal subsidies
to buy insurance under the new health law.
Subsidies,
in the form of tax credits, will be available to millions of low and moderate
income people who are not eligible for Medicaid, and have not been offered
affordable coverage by employers.
The
subsidies will average about $5,000 a year. In some cases, the insurance
provider can rely on what the consumers say about their income and
employer-sponsored coverage if such information cannot be obtained from the
employer or other sources.
Contract
documents show that Equifax must provide income information "in real
time", usually within a second of receiving an inquiry from the federal
government. Equifax says that much of its data comes from information supplied
by the employers and updated each pay period. It is incumbent on Equifax to
make sure there is no fraud involved in the data it uses.
Equifax
is also responsible for providing the information about employer sponsored
plans and how much the employees pay for it.
The
government had awarded an earlier contract to the American unit of the British
company Serco Group to provide "eligibility support services' to health
insurance exchanges around the country.
(7/5/13)-
U.S. Treasury officials announced in a blog, on the department's website, that
Obama officials would delay enforcing the provision in the Affordable Care Act
for one year that required employers of 50 or more employees who worked 30 or
more hours to provide healthcare coverage for their workers or face a penalty
starting in 2014.
The
penalty is a fine of $2,000 per employee.The decision
reflects pressure from companies in the restaurant, retail and agriculture
industry, who had cited several practical difficulties posed by the law's
requirements.
The
provision in the law that requires individuals to carry health coverage or pay
a fine starting in 2014 remains in effect. The fine will be assessed when the
individual files his or her 2014 income tax return.
(6/27/13)-
Kathleen Sebelius, the secretary of health and human services announced that a
call service and web site would be available 24 hours a day to help prospective
purchasers of health care insurance make decisions needed to be made to comply
with the Patient Protection Act of 2010.
The
call center number is 800 318 2596 and the web site is www.healthcare.gov . The web site will
provide information promoting the new health care law, and it will describe the
different options available in the newly established health exchanges.
Consumers
can file online applications starting October 1, with coverage beginning
January 1, 2014.
The
Congressional Budget Office (CBO) predicts that 7 million people will buy
private insurance next year through the new exchanges, while 9 million people
will gain coverage through expanded Medicaid coverage in those states that
applied for the expansion option..
The
CBO estimates that the number of uninsured, which is now at 56 million, will be
reduced to 25 million under the new law.
(6/11/13)-Under
the terms of the Patient Protection Act, employers with 50 or more full-time
equivalent employees will need to offer health insurance to all their workers
who average 30hours or more a week.
In
addition, employers must not ask employees to contribute more than 9.5% of
their income to health-insurance premiums. Otherwise the, employers could face
penalties. If the employee does not sign up for health-insurance coverage under
the company's plan, the employer will not be penalized.
(6/8/13)-
The Patient Protection Act requires that 10 essentials be included in all
health-insurance policies sold in the health exchanges set up under the law.
These include maternity care, substance abuse and mental-health services and
prescription-drug coverage, which aren't included in standard individual
policies today.
In
addition, plans can't exclude pre-existing conditions. Under the law, annual
out-of-pocket expenses are capped at $6,350 for a single person, and $12,700
for a family.
Open
enrollment will begin October 1 and run through March 31. After that, open
enrollment for 2015 will run only from October 15 to December 7, 2014.
Through
tax credits, the government will help fund some of the premiums for those whose
household income is up to 400% of the federal poverty level. That's $45,960 for
an individual and $94,200 for a family of four, based on 2013 numbers.
(6/1/13)-
One of the provisions of the Affordable Care Act of 2010 that does not come
into effect until 2018 is now coming into the limelight since it can be very
costly to companies that provide so called "Cadillac health plans"
for its employees.
Under
the terms of the law, an employer offering a plan that costs more than $10,200
for an individual and $27,500 for a family would typically pay a 40% excise tax
on the amount exceeding the threshold.
In
order to lower the impact of this provision, employers could raise the
deductible amount its employees would have to pay, before the company's
insurance kicks in. Companies have in fact been doing this for the last several
years. At last count about one third of workers are in plans with a deductible
of at least $1,000.
More
and more employers are offering health savings plans to their employees which
have lower premiums for its members, but much higher deductibles.
(5/30/13)-
California is one of the key states participating in the health-insurance
marketplace set up under the Patient Protection Act. Initial indications are
that 13 or 14 states will set up their own market-place, with the rest of the
states therefore depending on the federal government to set up the program
within their borders.
Covered
California, the agency set up by that state to create its online market place
for health insurance estimated that about 2.3 million residents of that state
would enroll in the program by 2017.
The
agency said that its initial indication is that the average premium will be
$321 a month for its silver plan, which falls in the middle of the spectrum of
the plans being offered. State regulators will review the rates, and many
people will receive subsidies, depending on their income levels.
So
far, 13 insurers have agreed to have plans available on the exchange for
Californians. Blue Shield of California said its average premium for
preferred-provider organizations in 2014 would be around 13% higher than its
current average for individual PPO plans. UnitedHealth Group Inc., Aetna Inc.
and Cigna Corp., the nation's 3 largest health-insurers have no present plans
to participate in the California program.
The
insurers participating in the program said they would limit the choice of
medical professionals and medical facilities that its members will be able to
use.
Two
of the states that initially indicated that they would set up t heir own health-insurance exchange, Idaho and New Mexico,
are now asking the federal government for help because they can't have their
own exchanges set up by October 1, the cut-off date for having the exchange in
place.
(5/12/13)-
The Affordable Care Act that goes into effect January 2014 requires all
employers who have 50 or more employees who work 30 hours or more a week to
have health care insurance for their workers. If they don't, the employer faces
fines starting at $2,000 per worker annually.
Some
employers are considering cutting back on the number of hours that their
employees work to below 30 hours a week, so that they would not be covered
under the act.
The
Congressional Budget Office estimates employers will pay around $106 billion in
penalties between 2014 and 2022 for not meeting the law's insurance
requirements.
(5/5/13)-
Even though Republican Governor Rick Scott had reversed his position, and had
agreed that it would be best for the state to accept the expanded federal
program for Medicaid recipients, the legislature refused to go along with him
on this issue. Under the expanded program the federal government would have
financed the full cost for the first 3 years, and 90% of the cost thereafter.
Florida
has one of the highest rates of uninsured people, so that the state's emergency
rooms will have to bear the brunt of continuing to be the primary care medical
facility for about 1 million uninsured residents who live there.
It is
estimated that the state will lose about $1 billion in funding in 2014 by not
joining in the expanded Medicaid program.
At
last count, 33 states have opted against running their own health insurance
exchange, so that the federal government will be operating the exchanges in
those places.
(3/29/13)-
Republican Governor Bill Haslam of Tennessee announced that he would not expand
Medicaid coverage in his state, and thus he joined 18 other Republican
governors who also refused to go along with the plan.
When
the Supreme Court upheld the constitutionality of the Affordable Care Act, it
also declared that the states must be given the option of joining in the
expanded Medicaid portion of the law. Even though the federal government will
pay for 100% of the increased cost for the expansion from 2014 to 2016, which
will decrease to 90% in 2020, the governor refused to join the plan, even
though there are about 175,000 residents of the state who might become eligible
for coverage..
(3/28/13)-
Health and Human Services Secretary Kathleen Sebelius acknowledged that cost
could rise in the individual health insurance market, particularly for men and
younger people, because of provisions in the Patient Protection and Affordable
Care Act due to take effect January 1, 2014.
The
law eliminates discriminatory market practices that have imposed higher rates
on women and people with medical problems, and limits how much insurers can
charge older people.
While
the changes will lower the costs for women, older beneficiaries and the sick,
men and younger, healthier people are likely to see higher rates as insurers
try to hedge their risks.
(3/20/13)-
A provision in The Patient Protection and Affordable Care Act that requires an
employer to pay a fee of $63 for each employee covered under the act is
attracting a great deal of media attention.
It is
estimated that companies and other plan providers will pay about $25 billion
over three years to create a fund for insurance companies to offset the cost of
covering people with high medical bills.
Several
of the country's largest employers have asked federal regulators to exclude or
shield their insurance recipients from the fee, since it subsidizes
individually purchased plans that won't cover their workers.
Insurance
companies argue that the fee is necessary to prevent rates from skyrocketing
when insurers get an influx of unhealthy customers next year. The fee will be
smaller in 2015 and 2016, though regulators haven't set those amounts yet.
(3/10/13)-
Under the terms of The Patient Protection and Affordable Care Act, Medicare
will cover an annual wellness visit that includes detection of "cognitive
impairment". Once diagnosed, patients can be helped with family support,
medication management and brain games to help delay further decline.
For
more information on the Medicaid terms of the act, please see our article Medicaid Eligibility
(2/28/13)-
When the Supreme Court upheld the constitutionality of the Patient Protection
and Affordable Care Act, it also ruled that the expansion of Medicaid under the
act was an option, not a requirement of the states.
At
the time of the ruling several state governors who had opposed the
constitutionality of the act stated that they would not expand coverage of
Medicaid, even though the federal government would pay the entire cost of the
expanded coverage for the first 3 years, and 90% of the coverage thereafter.
As
the deadline approaches for declaring their official stands on the matter,
seven Republican governors now are cautiously moving to expanding Mediciad coverage in their state. In Florida, Republican
Governor Rick Scott has reversed his position and announced that he would favor
expansion of coverage in his state. He joins governors from Arizona, Michigan,
Nevada, New Mexico, North Dakota and Ohio in now favoring expansion of
coverage.
Nationally,
Medicaid now covers about 60 million people, and the Congressional Budget
Office (CBO) estimates that 17 million more people could be enrolled, if all
states took the expansion option.
Twenty-two
states have accepted the expansion option, 17 have opted against it, and 12
have not announced their position on the matter, according to Avalere Health, a
consulting firm. Governor Scott had previously been one of the most vocal
opponents of having a state expand its Medicaid coverage.
Before
(2/22/130-
Federal officials issued a final rule defining "essential health
benefits" that must be offered by health insurers under the Patient
Protection and Affordable Care Act starting next year. The rule would require
insurers to cover treatment of mental illnesses, behavioral disorders, drug
addiction and alcohol abuse.
Kathleen
Sebelius, the secretary of health and human services, said that in addition to
the millions who would gain access to mental health care, 30 million people who
already have some mental health coverage will see improvements in benefits.
The
rule says the new health insurance policies can be offered at four levels of
coverage. Minimum benefits will vary from state to state, as each state will
have its own benchmark plan.
(
Aetna
Inc. has said it will probably participate in 15 exchanges, while Humana Inc.
stated it would likely participate in about 10 states. Cigna Inc. has indicated
that it would participate in approximately 10 states also.
Blue
Cross and Blue Shield are expected to participate widely in these new
health-insurance exchanges, while WellPoint Inc. said it expected to
participate in 14 states.
(
Eighteen
states have agreed to set up their own state operated health-insurance exchange
as required under the Patient Protection Act. On the other hand there are
around 197 million people who live in states that have chosen not to run their
own exchanges.
About
18.3 million of the 197 million have no health insurance and have incomes that could
qualify them for subsidies to help them pay their premiums for the coverage.
The
U.S. Department of Health and Human Services is poised to run exchanges on
behalf of these remaining states. Federal officials expect about half of these
states to run the exchanges in partnership with the federal government. They
have until February 2013 to make this choice.
Five
of the states that will run their own exchanges have Republican governors, who
said they oppose the law, but would prefer to retain control of them on the
state level rather than have the federal government involved in them.
(
The
six are
December
14th is the deadline for states to tell the federal government if
they intend to establish their own insurance exchanges. Gary M. Cohen, a
federal health official said that the federal government had received
applications from 14 states that want to run their own exchanges. The states
will have until February 14th to send a "letter of
intent", if they want to establish the exchange in cooperation with the
federal government.
No
phased in expansion of Medicaid eligibility will be allowed.
(
The
letter of intent should state whether the exchange will be operated by the
state alone, by the state in conjunction with the federal government, or allow
the federal government to operate the exchange by itself.
(
Governors
in
Under
the Patient Protection and Affordable Care Act, the exchanges are supposed to
be ready to start enrolling people in October 2013.
Republican
Governor Bob McDonnell of
If
the letter of intent is sent to the federal government stating willingness to
set up an exchange in partnership with the federal government, the state will
have until February 15th to do so. If the state intends to set up
the exchange on its own, it must now do so by December 14th.
Under
the terms of the Patient Protection Act, starting in 2013, the maximum that an
employee can contribute to his/her flexible spending account (FSA) is $2,500
(
The
declaration of intent need only be a one or two page letter affirming the
state's intent to set up its own health insurance exchange or to do so in
partnership with the federal government. Those that want to run it in
partnership with the federal government will have until February 15th
to file the application. That letter of intent does still have the November 16th
deadline.
At
last count 15 states and the District of Columbia had created the framework for
the exchanges, with 3 others having committed to running an exchange in
partnership with the federal government. The Republican governors of Arizona,
Idaho, New Jersey, Virginia and Tennessee stated that they would defer acting
until after the election, which has now passed.
Families
with incomes up to 400% of the poverty level will receive subsidies from the
federal government to help them meet their premium requirement for the plan
they choose under the state's insurance exchange.
If
the state does not set up an insurance-exchange, the federal government will
set it up in the non-complying state, and for many state-righters, that is not
too pleasant a choice to be faced with..
Under
the terms of the law, individuals and small businesses must have health
insurance or they will be subjected to levies when they pay their income taxes
starting in January 2014.
The
marketing of the health plans is scheduled to begin in October 2013 for
coverage starting
(
If an
individual or company with more than 50 employees fails to do so, they will be
subject to fines through a tax penalty. People with incomes between 133% and
400% of the federal poverty level can get federal tax subsidies though their
insurance exchange.
Only
13 states and the District of Columbia have formally committed to run their own
exchanges. The Republican governors in Alaska, Florida, Louisiana, Maine, South
Carolina and Texas have said hat they would not set
up health insurance exchanges in their states, according to the Kaiser Family
Foundation. Twenty-two states have stated that they are still exploring the
idea.
The
federal government will pay the cost of setting up and running the exchanges.
(9/24/12)-The
non-partisan Congressional Budget Office (CBO) estimates that nearly 6 million
Americans will face a tax penalty under the terms of the Patient Protection Act
by 2016, when the penalty phase becomes fully operational. The amount of the
penalty will be based on income.
Shortly
after the law was passed the CBO estimated that 4 million Americans would be
affected by the tax penalty terms of the act. The budget office estimates that
the penalty will cost about $1,200 on average in 2016.
Under
the terms of the act almost every legal resident of this country will be
required to have health insurance in 2014 or face a tax penalty. There will be
exemptions for fainancial hardship, religious
objections and certain other circumstances.
States
will be setting up health insurance exchanges, but if they fail to do so, the
federal government will set up the site. Subsidies will be available to low
income individuals under the terms of the law.
(9/19/12)-
The percentage of people ages 19 to 25 who lacked health insurance fell to
27.9% from 33.9% in 2010, according to the data from the National Health
Survey, which is a federal funded study. This translates to 1.6 million fewer
uninsured young people from the prior year.
For
the next age group-those 26 to 35 years old-the percentage of the uninsured
rose. Medical economists attribute the decline to the provision in the new
health care law that extends coverage to the age of 26 under their parent's
health care coverage insurance plan.
The
share of all Americans without health insurance stood at 15.1% in 2011 or about
46 million people, according to the Centers for Disease Control and Prevention.
The percentage of uninsured stood at 16% in 2010.
(9/10/12)-There
are 1.8 million nursing homes in this country. 31.5% of Medicaid's $400 billion
in shared federal and state spending goes to long-term care for the elderly and
the disabled.
To be
eligible for Medicaid, a person typically can have no more than $14,800 in
assets. New York has the biggest Medicaid budget of any state at $54 billion,
and spends about 41% of it for long term care, almost half on nursing homes.
By
2015, New York will start requiring some 78,000 nursing home residents to
choose one of several managed care plans or be enrolled randomly in one of
them.
Children
could be liable for Medicaid expenditures for their parents under pending new
laws. A 2009 analysis by the Kaiser Foundation found that direct out-of-pocket
sending by individuals and families accounts for 22% of the $178 billion spent
on nursing homes.
(8/3/12)-
The rebate checks that were called for under the terms of the Patient
Protection and Affordable Care Act are in the mail to some healthcare
policyholders.
Under
the terms of the law, insurers are required to give out annual rebates by
August 1, if less than 80% of the premium dollars that they collect go toward
medical care. For insurers covering large employers, the threshold is 85%.
The
Department of Health and Human Services estimates that insurers will have to
pay out over $1.1 billion in rebates to their policyholders. The average rebate
will be $151. Included in the list of companies that will have to pay rebates
are Aetna, Cigna, Humana and Unitedhealthcare.
Self-insured
employers are exempt from the new rule, as are Medicare and Medicaid. Of the
estimated 75 million people with healthcare plans, about 17% will get rebates.
In
those cases where the coverage is through the employer, the rebates are being
sent to them, and they can chose to put the rebate toward future premium costs
instead of distributing them to the employees directly.
Insurers
have the option of directly reducing future premiums instead of sending out
rebate checks.
(7/26/12)-
Beginning in 2014, the first penalties will be levied on individuals who have
not purchased health insurance. The penalty is a flat amount or a percentage of
an individual's income, whichever is greater, and it will phase in over 3
years.
For
2014, the dollar penalty is $95, rising to $695 in 2016. The 2014 income
percentage is 1%, rising to 2.5% in 2016.
Individuals
with employer-provided coverage meeting minimum standards will be exempt from
the penalty, as will people covered by Medicare and Medicaid, and members of a
religion opposed to accepting benefits.
(7/19/12)-
Starting in 2013, there will be a 3.8% tax on net investment income for
individual income tax taxpayers with adjusted gross income above $200,000 or
$250,000 for joint filers.
The
tax applies to gross income from interest, dividends, annuities, royalties and
rents, and to net gains from investments. It might even apply to a large net
gain on the sale of a home.
A
0.9% Medicare surtax will apply to most joint filers' wages and self-employment
income above $200,000 for individual tax payers or above $250,000 for a joint
income tax return.
The
threshold for taxpayers claiming an itemized deduction for medical expenses
rises to 10% from 7.5% of adjusted gross income. For taxpayers (and spouses) 65
or older the AGI threshold continues to be 7.5% until 2017. For those subject
to the alternative minimum tax, the threshold remains 10% of AGI.
Contributions
to flexible spending accounts (FSAs) are capped at $2,500 per employee, down
from $5,000 or more per employee. The new cap is adjusted for inflation
starting in 2013.
A
medical-device excise tax of 2.3% of the sale price applies to certain
products. It does not apply to eyeglasses, contact lenses and hearing aids, but
does apply to pacemakers, stents and artificial hips. The House has repealed
this provision but the Senate has not acted on it yet.
(7/4/12)-
Upon further review here is the breakdown in the voting at the U.S. Supreme
Court that upheld the constitutionality of the Patient Protection and
Affordable Care Act of 2010.
The 5
to 4 majority opinion upholding its constitutionality was written by Chief
Justice John Roberts. Justice Roberts wrote that the mandate requiring
individuals to purchase health insurance fell within Congress' power to levy a
tax. The other 4 justices who voted to uphold the "mandate" did so
because of both the Congressional power to levy a tax and also because it fell
under the provision of the commerce clause of the Constitution.
The
four Justices who voted in favor of the law were Justice Sotomayer; Justice
Ginsburg; Justice Kagan and Justice Breyer- the so-called liberal members of
the court.
The
four Justices who voted against the constitutionality of the law were Justice
Kennedy; Justice Alito; Justice Scalia and Justice Thomas- the so-called
conservatives of the court.
In
connection with the Medicaid expansion under the law, the same 5 to 4 majority
upheld the legality of the expansion, but held that
the penalties for states that do not comply was unconstitutional.
The
same 4 Justices who voted against the constitutionality of the law's
"mandate" also rejected the Medicaid expansion entirely.
(7/2/12)-
By a 5 to 4 vote, which was announced at 10 A.M on June 28th, the
U.S. Supreme Court upheld the constitutionality of the Patient Protection and
Affordable Care Act (PPACA) of March 23, 2010. Chief Justice John Roberts wrote
the opinion for the decision in which the 4 liberal members of the court joined
him.
The
majority upheld the law based on Congress' power to levy taxes, rather than on
the commerce clause of the Constitution. The Court did rule however in favor of
the 26 largely Republican-led states, that the U.S. government could not expel
states from Medicaid if they refused to go along with the expanded eligibility
for the federal-state health program that is part of the new law.
Republican
President George W. Bush had appointed Chief Justice Roberts to the court.
Starting
in January 2014, most Americans will be required to have health insurance or be
faced with a penalty for failure to do so. Taxpayers will be required to
indicate on their tax returns whether they have health insurance that meets
minimal benefits standards. If they fail to do so, they would owe $95, or 1
percent of taxable income, whichever is greater.
The
penalty rises to $325, or 2 % of taxable income in 2015, and then $695, or 2.5%
of taxable income in 2016, up to a maximum of $2,085 per family.
Beginning
in 2014, the law expands Medicaid to cover people who are under 65 and earn
income up to 133% of the federal poverty level, or $30,657 for a family of four
in 2012. Families who make between 100% and 400% of the federal poverty
level-or $92,200 for a family of four in 2012- will be eligible for tax credits
for insurance plans that are purchased through state run exchanges.
Beginning
in 2013, the law increases the Medicare tax by 0.9% on earnings over $200,000
for individual taxpayers and $250,000 for married couples filing jointly. It
also imposes a 3.8% tax on unearned income for high-income households.
Firms
with 50 or more workers will still have to pay a penalty that starts at $2,000
per full-time employee in 2014 if they don't provide insurance or their plan
doesn't meet a standard.
The
federal government will pick up the full cost for the expanded Medicaid
provisions in the law, and thereafter it will pick up 90% of the expanded cost.
As
noted in our item dated 6/27/12 below, people who fall in the "doughnut
hole" will receive discounts on the cost of their drugs in "the
hole" and the doughnut hole will be gradually phased out.
(6/27/12)-
Under the terms of The Patient Protection and Affordable Care Act (PPACA) of
March 23, 2010 the pharmaceutical industry agreed to give discounts to seniors
who have drug expenses that exceed $2,930, but are less than $4,700. This is
the famous "doughnut hole" that has caused so much confusion.
Once
senior's drug expenses exceed $4,700, the patient is responsible for only 5% of
the cost of the prescription drugs.
If
the Supreme Court declares the law to be unconstitutional will the drug
companies continue this discount program?
(6/9/12)-
The House voted 270-146 to repeal a tax manufacturers of
medical devices that was intended to pay for expanding coverage to
uninsured individuals under the new Patient Protection Act of 2010.
37
Democrats joined with their Republican colleagues in favor of ending the tax.
The measure would apply a 2.3% tax on the sales of most medical devices, and is
scheduled to take effect in January.
The
tax exempts goods such as contact lenses, hearing aids and eyeglasses.
(5/17/12)-
The check from your health insurer will be coming in the mail is the refrain
that we will be hearing a lot in the next few months. Under the terms of the
Patient Protection and Affordable Care Act of 2010, health insurers that don't
spend a specified amount of revenue on actual medical care for it policyholders
must refund the difference to its customers.
The
Kaiser Family Foundation estimates that the refunds will total about $1.3
billion and go to roughly 16 million people. These refunds will apply to
employees whose coverage is through their employer or individually insured
customers.
The
checks will average $72 for those who get their insurance through their
employer and $127 for those who bought individual policies, according to
estimates from Kaiser.
Included
in the envelope with the check will be a statement that begins: "This
letter is to inform you that you will receive a rebate of a portion of your
health insurance premiums. This rebate is required by the Affordable Care
Act-the health reform law."
(3/25/12)-
In connection with the issue of the constitutionality of the new health care
law that will be argued before the Supreme Court is the issue of "the
mandate". Exactly what is the mandate and what is the penalty for
violating that issue?
"The
mandate" is the requirement that all Americans have health insurance. The
penalty for failure to have compulsory health insurance would start at $95 a
year or 1% of income, whichever is higher, when the requirement takes effect in
2014.
(3/18/12)-
The U.S. Supreme Court will hear oral arguments for 3 days on the
constitutionality of the Patient Protection and Affordable Care Act of 2010
starting March 26th. The Court is expected to announce its decision some time in June. There will be no television coverage of
the proceeding but the court will release oral tapes of the arguments on its
Web site at 2 PM on Monday and Tuesday and at 4 PM on Wednesday
The
law requires that 80% of the premiums that insurers collect from individuals be
spent on health-care costs. If that threshold is not met, the insurance company
will have to send rebates for the excess to its customers. The Department of
Health and Human Services has set up a site at health-care.gov to see if a
consumer is due a rebate check.
That
site will also enable the consumer to determine which plan is best suited to
his/her needs. It will list programs and resources available to the consumer on
a state by state basis.
The
site also reports on health plans that have requested premium increases and
why. Starting in September, it plans to offer a summary of plan benefits and
coverage for various scenarios.
If
you are a senior who reaches the "doughnut hole" because of the cost
of your prescription drugs, you will be entitled to a 50% discount on
brand-name drugs and a 14% discount on generics.
Under
the terms of the new health care law that was passed in 2010, the
administration was supposed to establish medical payment reporting procedures
by October 1, 2011. The public had until February 17 to comment on the
proposals and the Department of Health and Human Services will then issues
final rules with the force of law.
Analyses
by the New York Times found that about a quarter of doctors take cash payments
from drug or medical device manufacturers, and that nearly two-thirds accept
gifts of food either for themselves or their staff.
The
Obama administration has recently issued the standards required under the law.
If a company has even only one product covered by Medicare or Medicaid, it will
have to disclose all its payments to doctors, medical professionals,
pharmaceutical companies and medical equipment companies other than its own
employees. The federal government will post the data on a Web site where it
will be available to the public.
The
administration estimates that more than 1,100 drug, medical device and medical
supply companies will have to file reports. Federal officials will inspect and
audit the accuracy of the reports. Companies will be subject to a penalty of up
to $10,000 for each payment they fail to report. A company that knowingly fails
to report payments will be subject to a penalty of up to $100,000 for each
violation, up to a total of $1 million a year.
A
senior official of the company must attest to the accuracy of each report.
(1/18/12)-
Kathleen Sebellius, the secretary of health and human
services issued a finding against a health insurance company, Trustmark Life
Insurance Company, a unit of Trustmark Mutual Holding Company, that its premium
rate increase were unreasonable under federal standards. The finding means the
company must either rescind the increase or justify its refusal to do so.
The
Patient Protection and Affordable Care Act set detailed federal standards for
an annual review of "unreasonable increases in premiums." Under rules
issued by Ms. Sebelius, a rate increase of 10% or more must be reviewed and
approved by either state or federal officials.
According
to the latest statistics from the Department of Health and Human Services,
premiums for health insurance totaled $849 billion in 2010, while spending on
benefits totaled $746 billion in 2010. The difference includes administrative
costs and profits.
This
was the second time the provisions of the act has been
used to deny a rate increase by a health insurance company. It was first used
when Everence Insurance Company in Pennsylvania
increased its premiums by an average of 12%.
Under
the act, insurers must spend at least 80% of premium revenues on medical care
and efforts to improve it. Gary Cohen, acting director of insurance oversight
at the Department of Health and Human Services, said Trustmark did not meet
this standard in any of the states that the premium rate increase applied to.
Almost
10,000 policyholders in Alabama, Arizona, Pennsylvania, Virginia and Wyoming
will be affected by the ruling.
The
federal government reviews the premium rate increases in states where it finds
no adequate state agency to oversee the legality of the rate increase.
Ms. Sebillius praised Connecticut, New York and Oregon for
forcing insurance companies to scale back recent rate increases.
(1/6/12)-
Mary Brown, one of the plaintiffs who challenged the legality of the new
health-care law based on the fact that her auto-repair shop in Florida could
not afford to pay the premiums for her employees as required under the law,
starting in 2014. That provision requires most Americans to carry health
insurance of pay a penalty.
Two
other plaintiffs were listed, i.e. a retired investment banker in the state of
Washington, and the National Federation of Independent Business (NFIB), a
small-business lobbying group based in Washington, D.C. Ms.Brown
was the only plaintiff that the Justice Department had agreed had legal
standing to pursue the case.
Ms.Brown closed her shop in August and has filed for
personal bankruptcy. Thus her claim that the new law would hurt her business
was no longer a valid argument in this matter.
The
NFIB has filed a motion with the U.S. Supreme Court to add two members of its
organization as plaintiffs. They are Dana Grimes, the owner of a roofing
company in Greenwich, N.Y., and David Klemencic, who runs a flooring business
in Ellenboro, W.Va. The Justice Department said that it would not oppose the
motion
(12/24/11)-
The Supreme Court announced that it would set aside 3 days to hear the
challenges to the constitutionality of the Patient Protection and Affordable
Care Act of 2010.
On
March 26, the court will hear arguments on the threshold issues of whether
challenges to the law are premature as the U.S. Court of Appeals for the 4th
Circuit in Richmond, Va., ruled as we discussed in our item dated 9/17/11. In
that ruling the majority cited a law known as the Anti-Injunction Act, which
states that courts can't hear challenges to a tax until the tax goes into
effect. Under the health care law, the levy for not having insurance does not
commence until 2014.
On
March 27, it will take up the issue of the legality of requiring people to buy
health insurance by Congress under the Commerce clause of the Constitution.
On
March 28, the court will hear arguments on whether the provision requiring
insurance coverage may be severed from the rest of the law without declaring
the rest of the law unconstitutional.
(12/21/11)-
Under the terms of the Patient Protection and Affordable Care Act (PPACA) of
March 23, 2010 most health insurance plans had to allow parents to start adding
their adult children, up to the age of 26 to their own plan.
The
percentage of those ages 19 to 25 with health insurance rose to 73% this past
June from 64% in September 2010, when the provision went into effect, according
to the latest survey of insurance coverage from the National Center for Health
Statistics. That translated to about 21.5 million young adults, up from 19
million.
(12/15/11)-
Obama administration officials announced that they would wind down a $5 billion
fund to pay for health insurance for early retirees by December 31, instead of
the September 2012 date that had been projected as late as October.
The
fund was part of the new health-care law and was originally projected to last
until 2014, when provisions in the new law will take effect making it easier
for older Americans to buy health insurance without the help of an employer.
The Centers for Medicare and Medicaid Services estimated that $4.5 billion of
the fund had already been paid out.
(11/16/11)-
In indicating how important the constitutionality issue is in connection with
the appeal of The Patient Protection and Affordable Care Act (PPACA) of March
23, 2010 the U.S. Supreme Court scheduled five and a half hours of oral
arguments instead of the usual one hour. The Supreme Court agreed to hear
appeals from just one decision, that being the one from the U.S. Court of
Appeals for the 11th Circuit in Atlanta as we discussed in our item
dated 8/17/11 below.
The
justices said they would consider the issue raised in the ruling from the
matter before the U.S. Court of Appeals for the 4th Circuit in
Richmond, Va., that we discussed in our item dated 9/17/11. In that ruling the
majority cited a law known as the Anti-Injunction Act, which states that courts
can't hear challenges to a tax until the tax goes into effect. Under the health
care law, the levy for not having insurance does not commence until 2014.
Judge
Brett M. Kavanaugh, in his 65-page opinion in connection with the ruling from
the U.S. District Court of Appeals for the District of Columbia, that we
discussed in our item dated 11/14/11, backed the viewpoint that the health care
law could not be challenged until it was implemented in 2014. The Justice
Department suggested that the Supreme Court appoint a lawyer in favor of this
interpretation since it did not fully back this argument.
The
justices will hear two hours of argument on whether Congress overstepped its
constitutional authority, 90 minutes on whether the mandate for compulsory
insurance may be severed from the balance of the law, and an hour each on the
Medicaid and Anti-Injunction Act questions.
The
Supreme Court agreed to hear three appeals, two from challengers to the law and
a third from the Obama administration.
(11/15/11)-
As we noted in our item dated 11/1/11, the justices of the U.S. Supreme Court
voted to accept the matter as to the constitutionality of the The Patient Protection and Affordable Care Act (PPACA) of
March 23, 2010. It is therefore expected that they will announce their decision
in June of 2012 after holding a hearing on the case in March 2012.
(11/14/11)-
The U.S. District Court of Appeals for the District of Columbia Circuit became
the 3rd appellate court to rule in favor of the constitutionality of
the new health care law, versus the one appellate court that has ruled against
it.
In
this latest decision, Judge Laurence Silberman, a leading conservative jurist,
whose former law clerks played a key role in the George W. Bush administration,
wrote the court's majority opinion. Republican ex-president Ronald Reagan
appointed Judge Silberman to the court.
His
37-page opinion stated: "The right to be free from federal regulations is
not absolute, and yields to the imperative that Congress be free to forge
national solutions to national problems". Judge Brett M. Kavanaugh did not
join in on Judge Silberman's written opinion, but voted to dismiss the appeal
in his 65-page opinion, because the insurance requirement of the law could not
be challenged until it was implemented in 2014.
Judge
Kavanaugh's in his technically dissenting opinion position, supported the view
of the majority in the decision dismissing the challenge to the law in the 4th
Circuit that we discussed in our item dated 9/17/11 below. The Justice
Department has indicated that it would not support this view when the Supreme
Court takes up the case, saying it would hire outside counsel to argue this
point.
Judge
Kavanaugh cited the 19th-century Anti-Injunction Act, which he said
"poses a jurisdictional bar to our deciding this case at this time."
For
more information on this case, please see our item dated 3/9/11 below. Five
individuals represented by the American Center for Law and Justice, a
conservative Christian group, brought the action in the District of Columbia.
(11/1/11)-
The justices of the U.S. Supreme Court are scheduled to discuss challenges to
the new health care law during their private conference on November 10,
according to the electronic docket entries recently posted on the court's Web
site.
If
the court agrees to consider the law, oral arguments would likely be scheduled
for next spring, and a decision would be expected by the end of June. Two of
the three appellate courts that have heard appeals in connection with the
constitutionality of the law, have upheld it.
(10/28/11)-
Department of Health and Human Services (HHS) Secretary, Kathleen Sebelius said
in a letter to congressional leaders, that the department would not implement
the long-term care portion of the new health care law. The program, known as
the Class Act portion of the law was financially unsustainable.
HHS
officials said that actuaries spent 19 months attempting to design a voluntary
long-term care insurance program that met the requirements of the law, but were
unable to come up with any fiscally viable plan.
(10/21/11)-
Liberty University filed an appeal with the U.S. Supreme Court of the ruling on
September 8th by the Richmond, Va. based Fourth U.S. Circuit Court of Appeal
that dismissed its case which claimed that the "individual mandate"
provision of the new health care law was a tax that could not be challenged
until the provision went into effect in 2014.
For
further information on this matter, please see our item dated 9/17/11 below.
Please
also note that in our item dated 10/9/11 below, the U.S. Justice Department
does not feel that this interpretation of the law is correct, and thus asked
the Supreme Court to appoint an outside attorney to defend the decision in
regards to the tax point.
(10/9/11)-
The U.S. Justice Department had a deadline of September 26th to ask
the U.S. Court of Appeals for the 11th Circuit in Atlanta to reconsider its
decision that Congress could not require individuals to purchase health care
insurance ("individual mandate"). For more information on that
matter, please see our item dated 8/17/11 below
That
federal appeals court found that Congress exceeded its powers to regulate
commerce when it decided to require people to buy health insurance, under the
provision in the law known as the "individual mandate". The court did
however hold that while this provision was unconstitutional, the rest of the
law could stand.
Most
legal experts had expected the federal government to postpone taking the
constitutionality issue of the new health care law to the Supreme Court, since
the delaying tactic would mean that the law is constitutional until ruled
otherwise.
The
Justice Department could have postponed taking the case to the U.S. Supreme
Court until November, but in a surprise development, it brought an appeal of
the 11th Circuit court to be heard at its upcoming session. Oral
argument on the case, if the Supreme Court decides to hear the case can begin
in June 2012, with a decision expected before the election in November.
As we
have noted in our items below, 2 appellate courts have upheld the law, while
the 11th Circuit voted 2 to 1 against it. A fourth challenge to the
law was heard recently by the U.S. Court of Appeals for the District of
Columbia Circuit.
The
26 plaintiffs who had lost on the issue of constitutionality in the 11th
Circuit have also petitioned the U.S. Supreme Court for a review of that part
of the decision that rejected their claim. A second petition to hear the case
to the Supreme Court was also filed by the National Federation of Independent
Business and two individuals seeking to have the law declared unconstitutional.
A
petition has also been filed before the Supreme Court from several individuals
and the Thomas More Law Center seeking review of the decision of the 6th
Circuit upholding the constitutionality of the law as we wrote about in our
item dated 7/31/11 and 7/1/11 below.
The
Justice Department also indicated that it did not feel that it could prevail in
connection with the thinking of the court in the 4th Circuit about
the "tax" not going into affect until 2014,
so it requested that the Court appoint a lawyer to defend that position.
(9/26/11)-
Officials in the Obama administration said that they may not enact a
long-term-care insurance program that was set out in the Patient Protection and
Affordable Care Act (PPACA) of March 23, 2010.
With
budget deficits and cuts taking front and center in the news lately, officials
at the Department of Health and Human Services said that they may not go
forward with the program.
(9/17/11)-
The U.S. Court of Appeals for the Fourth Circuit in Richmond Virginia dismissed
two challenges to the new health care law. For more information on this matter,
please see our item dated 5/17/11 below.
In a
unanimous opinion, a three-judge panel found that Virginia Attorney General Ken
Cuccinelli lacked legal standing to bring his challenge. Mr. Cuccinelli, a
Republican had argued that the state of Virginia had passed a law saying that
the state's residents could not be required to carry health insurance. He also
argued that the Commerce Clause of the Constitution prevented the federal
government from imposing such a burden on the state's residents.
The
three judges on the panel had all been appointed by Democratic presidents.
Judge Diana Gribbon Motz wrote the opinion, as well as another opinion, in
which the judges voted 2 to 1 to dismiss a case brought by Liberty University
of Lynchburg, Va., on a different set of technical grounds.
The
majority cited a law known as the Anti-Injunction Act, which states that courts
can't hear challenges to a tax until the tax goes into effect. Under the health
care law, the levy for not having insurance does not commence until 2014.
(8/17/11)-
The U.S. Court of Appeals for the 11th Circuit in Atlanta, in a 2 to 1 vote,
ruled that the provision requiring Americans to buy health insurance or face
tax penalties was not unconstitutional.
The
court found that Congress exceeded its powers to regulate commerce when it
decided to require people to buy health insurance, under the provision in the
law known as the "individual mandate". The court did however hold
that while this provision was unconstitutional, the rest of the law could
stand.
Thus the
scoreboard now stands one appellate court upholding the constitutionality of
the law, while another appellate court denied the constitutionality of the
provision requiring individuals to purchase health insurance by the year 2014,
or face tax penalties.
For
more on the ruling of the U.S. Court of Appeals for the Sixth Circuit in
Cincinnati which upheld the constitutionality of the law, please see our item
dated 7/1/11 below.
The
majority opinion for the 11th Circuit's ruling was written by Chief
Judge Joel F.Dubina, who was appointed by the first
George Bush, and Judge Frank M.Hull, who was named by
President Bill Clinton. Judge Stanley Marcus, another Clinton appointee, wrote
the dissenting opinion.
(7/31/11)-
Slowly but surely the constitutionality of the health care law of 2010 is
wending its way through the legal system as it heads to the Supreme Court. In
the most recent development, a petition was submitted to the Supreme Court
appealing the ruling of the U.S. Court of Appeals for the Sixth Circuit in
Cincinnati upholding the constitutionality of the law as we discussed in our
item dated 7/1/11 below.
In
that ruling, Judge Jeffrey S. Sutton, who had served as a law clerk to Justice
Antonin Scalia, and who had been appointed to the bench by a Republican
president, George W. Bush, voted in favor of the constitutionality of the law.
(7/29/11)-
Federal administrators will soon take over the review of health insurance
premium rates in 10 states where it says state officials do not adequately
regulate premiums for insurance sold to individuals or small businesses.
Starting
September 1, federal and state officials will begin to scrutinize proposed rate
increases of more than 10% to determine if they are justified.
Obama
officials state that in publicizing excessive, unreasonable health insurance
premium rate increases, they are protecting consumers under the new health care
act.
Seven
states- Alabama, Arizona, Idaho, Louisiana, Missouri, Montana and Wyoming-do
not have effective rate review programs for either individuals or
small-health-group insurance premium increases.
In
three other states- Iowa, Pennsylvania and Virginia- the federal government
will review proposed premium increases for small groups and will allow states
to review individual rates.
(7/1/11)-
The U.S. Court of Appeals for the Sixth Circuit in Cincinnati has upheld the
constitutionality of the Patient Protection and Affordable Care Act of 2010.
The ruling came in a 2-1 vote, with one of the judges who was appointed by a
Republican president joining to form the majority with a judge appointed by a
Democrat.
Opinions
are expected shortly from panels in the Fourth Circuit in Richmond, Va., and
the 11th Circuit in Atlanta. The majority consisted of Judge Jeffrey
S. Sutton, an appointee of President George W. Bush, a Republican and Judge
Boyce F. Martin Jr., a Democrat appointed by President Jimmy Carter. The
dissenting jurist was Judge James L. Graham, a Republican appointed by
President Ronald Reagan.
The
appeal had been filed by the Thomas More Law Center, a conservative public
interest firm in Ann Arbor, Mich., from the decision rendered by Judge George
C. Steeh in the Federal District Court in Michigan.
For more on this case please see our item dated 6/3/11 below.
(6/27/11)-
Obama administration officials announced that they would postpone until January
1, 2012 the requirement, contained in the 2010 health care act, that insurance
companies offer an explanation when they refuse to pay a claim and grant
consumers an internal and external review of the denial.
States
are expected to handle the review, and if they don't, the federal government
will step in to do so.
(6/16/11)-
It is only a matter of time before the U.S. Supreme Court will decide upon the
new health care law's constitutionality. It will fall on the solicitor general
to defend the law's legality, and so the appointment and confirmation in the
Senate by a vote of 72 to 16 of Donald Verrilli Jr. is going to have huge
ramifications at the trial.
The
post has been vacant since Elena Kagan left it to become a member of the
Supreme Court last August. Mr. Verrilli has been the deputy counsel to
President Obama. Before that, he was an associate deputy attorney general. He
clerked for former Justice William J. Brenner Jr.
(6/10/11)-
Blue Shield of California, one of the largest health insurers in the nation
said it would refund $167 million to policyholders as part of its plan to limit
its profits to no more than 2% of its revenue. The company also went on to
announce that it had already planned to return $180 million, the profit the
company said it made above the 2010 target.
On
average, this means that the typical policyholder would receive a 30% credit
towards one month's premiums. Hospitals and doctors that participate in
programs aimed at better coordinating care for patients would receive $10
million, California lawmakers are considering legislation that would give state
regulators the authority to approve insurers' rate increase requests before
they go into effect. Please also see our item dated 5/25/11 below.
(6/3/11)-
A three-judge panel of the Sixth U.S.Circuit Court of
Appeals heard 90 minutes of oral arguments in the matter of the
constitutionality of the new health care law. A Republican president appointed
two of the 3 judges on the panel, while a Democratic president appointed the
3rd member of the panel.
Judge
Jeffrey S. Sutton was appointed by ex-president George W. Bush, while
ex-president Ronald Reagan appointed District Court Judge James L. Graham of
Ohio, who is temporarily assigned to the appellate bench. The Democratic
appointment on the panel is Royce F. Martin Jr. who was appointed by ex-
President Jimmy Carter.
Neal
K. Katyal, the acting United States solicitor general defended the
constitutionality of the law for the federal government. The challenge to the
law had been filed by the Thomas More Law Center, a public interest law firm in
Ann Arbor, Michigan. Robert J. Muise argued the case for the Law Center.
A
hearing on the constitutionality of the health care law will be held before the
11th Circuit in Atlanta next week.
(5/25/11)-
Under the terms of the new health care law, federal and state officials will
review health insurance premium increases in the individual and small group
insurance market to insure that any increases are not excessive.
Federal
officials do not have the authority to block rate increases, even if they find
them to be excessive, but many state authorities do have the power to block the
increase.
Kathleen
Sebelius, the secretary of health and human services issued a final rule that
established procedures for federal and state insurance experts to scrutinize
the increases. Federal officials had proposed a 10% maximum increase in
December, and that figure was finalized under the new rulings.
"Health
insurance companies have recently reported some of their highest profits in
years and are holding record reserves, " Ms
Sebelius said. "Insurers are seeing lower medical costs, as people put off
care and treatment in a recovering economy. But many insurance companies
continue to raise their rates. Often, these increases come without any
explanation or justification."
Starting
in September 2012, the federal government will set a separate threshold for
each state, reflecting trends in insurance and health care costs in that state.
Under the terms of the new health care law, the federal government will provide
the states with the financing to strengthen their capacity to oversee the rate
increase in their state.
The
new rule states that a rate increase is unreasonable if it is excessive,
unjustified or " unfairly discriminatory." An increase is deemed
excessive if it is "unreasonably high in relation to the benefits
provided."
(5/17/11)-
Since the enactment of The Patient Protection and Affordable Care Act (PPACA),
31 lawsuits have been filed to challenge it, according to the Justice
Department. Nine are awaiting action by Courts of Appeals, and nine are pending
in federal district courts. The others have been dismissed.
The
United States Court of Appeals for the Fourth Circuit is presently holding
hearings on 2 lower court contradictory decisions from within its jurisdiction.
On June 1, the Court of Appeals for the Sixth Circuit in Cincinnati will hear
the appeal of a ruling in favor of the law. On June 8, the Court of Appeals for
the 11th Circuit in Atlanta will review a Florida judge's ruling
that held the law to be unconstitutional.
Neal
K. Katyal, the acting solicitor general, will represent the Obama
administration in each of the appellate cases.
(4/28/11)-
The U.S. Supreme Court turned down a petition for expedited review from
Virginia of the state's challenge to the new health care law. There were no
noted dissenting votes, nor was any reason given for the refusal.
3
federal district courts have upheld the constitutionality of the law and 2 have
declared the law to be unconstitutional. The case questioning the
constitutionality of the law is now expected to reach the Supreme Court in the
term that starts in October.
The
first of the appeals will be heard starting with oral arguments in the United
States Court of Appeals for the Fourth Circuit, in Richmond, Virginia in
Virginia's challenge and a companion case on May 10.
Virginia's
Attorney General Kenneth T. Cuccinelli II filed for the expedited review before
the U.S. Supreme Court in February, citing the large expense that the state was
undergoing in carrying out the terms of the law. The filing also stated that in
all likelihood the matter would have to be decided by the Supreme Court in
light of the conflicting decisions.
Acting
Solicitor General Neal K. Katyal represented the federal government in opposing
the expedited hearing petition in the case, Virginia v.Sebelius,
No.10-1014. Supreme Court Justice Elena Kagan, who joined the Supreme Court in
August, after serving a year as the United States solicitor general did not
recuse herself in turning down the petition, leading legal experts to conclude
that she will not recuse herself from hearing the case when it comes before
them during the regular fall session of the court.
(4/20/11)-
Missouri's Democratic attorney general filed a "friend of the court"
brief in the United States Court of Appeals for the 11th Circuit, in
Atlanta, in support of the attorneys general from 26 states opposing the
constitutionality of the new health care law.
The
filing of the brief by Attorney General Chris Koster, a onetime Republican
state legislator who switched to the Democratic party in 2i007 did not mean
that he was joining with the other 26 states as a plaintiff in the action.
The
only Democratic state attorney general who is a plaintiff in the action is
Attorney General Buddy Carswell of Louisiana, who switched to the Republican
party in February.
Three
lower court judges have upheld the constitutionality of the law, while two have
declared the law to be unconstitutional.
(3/15/11)-
The Justice Department filed a notice of appeal of the decision by Judge Roger
Vinson of the U.S. District Court for the Northern District of Florida, who
declared that the new health care law was unconstitutional. The Justice
Department said it was asking the Court of Appeals for the 11th
circuit in Atlanta to provide an "expedited review" of the decision.
(3/9/11)-
Judge Roger Vinson of the U.S. District Court for the Northern District of
Florida granted a stay to his January ruling (please see our item dated 2/1/11
below) provided that the Justice Department files an appeal of his decision
within 7 days of this ruling.
Tracy
Schmaler, a spokesman for the Justice Department said
a request for an expedited appeal would be "promptly" filed with the
Court of Appeals for the 11th circuit in Atlanta.
The
United States Court of Appeals for the Sixth Circuit, in Cincinnati and the
United States Court of Appeals for the Fourth Circuit, in Richmond, Va. will be
hearing appeals in connection with the constitutionality of the new health care
law within the next few months.
It is
clear that ultimately the U.S. Supreme Court, sometimes within the next year to
year and a half, will be the arbitrator-of-last-resort in this matter.
(3/4/11)-
Let the scoreboard now read 3 to 2 in favor of upholding the constitutionality
of the new health care law. U.S. District Court Judge Gladys Kessler in
Washington, D.C. became the third judge ruling in favor of the
constitutionality of the law. It is no coincidence that the judges who have
ruled in favor of the constitutionality of the law were all appointed by
Democratic presidents, while those how have ruled that the law is
unconstitutional have been appointed by Republican presidents.
According
to Judge Kessler, who was appointed to her position by former President Bill
Clinton, "Congress had a rational basis for its conclusion that the
aggregate of individual decisions not to purchase health insurance
substantially affects the national health insurance market."
She
went on to say that those who do not purchase insurance " will ultimately
get a 'free ride' on the backs of those Americans who have made responsible
choices to provide for the illness we all must face at some point in our
lives."
Five
individuals represented by the American Center for Law and Justice, a
conservative Christian group filed the District of Columbia case.
In
her 64-page opinion Judge Kessler also tossed out a claim that the law
restricted the plaintiffs' exercise of religious freedom because the mandate to
buy health insurance conflicted with their belief that G'd
would provide for their well being.
(2/22/11)-
As noted in our item dated 2/1/11 below, Judge Roger Vinson of the U.S.
District Court for the Northern District of Florida ruled that the Patient
Protection and Affordable Care Act of March 23, 2010 was unconstitutional,
since its provisions violated the commerce clause of the Constitution.
While
the judge did not specifically enjoin the act from being enforced, he used the
language that his ruling should be treated as the "functional
equivalent" of an injunction.
The
U.S. Justice Department has asked the judge to clarify his decision in regards to the governments
ability to continue to implement the terms of the law while the ruling was
being appealed.
Judge
Vinson's decision is in the process of being appealed to the United States
Court of Appeals for the 11th Circuit. The government's filing
indicates those provisions of the law that it feels have already taken effect,,
such as tax credits for small business, increased Medicare payments to
providers, antifraud measures, high-risk insurance pools and grants to the
states, and asks if his ruling intends for each to be suspended.
(2/18/11)-
The United States Court of Appeals for the Sixth Circuit, in Cincinnati,
announced that it would hear oral arguments during a term that stretches from
May 30 to June 10th of the decision of Judge George C. Steeh of the Federal District Court in Detroit, Michigan
that upheld the constitutionality of the health care law. For additional
information on this case please see our item dated 10/15/10 below.
The
United States Court of Appeals for the Fourth Circuit, in Richmond, Va., had
already announced that it will hear arguments in mid-May in the Obama
administration's appeal of the decision by Judge Henry E. Hudson of the U.S.
District Court in Richmond, Va. declaring a central provision of the law
unconstitutional.
More
than 70 House Democrats in Washington have come out stating that Justice
Clarence Thomas should recuse himself when the case reaches the Supreme Court,
since his wife has been a paid lobbyist for conservative groups opposed to the
law.
(2/11/11)-
Even though the Court of Appeals for the Fourth Circuit in Richmond, Virginia
has agreed to hear the appeal by the Justice Department of the decision by Judge
Henry E. Hudson of the U.S. District Court in Richmond, Va. that struck down
the constitutionality of the Patient Protection and Affordable Care Act of 2010
(PPACA), Kenneth T. Cuccinelli II, the attorney general of Virginia said that
he would seek an expedited review of the case by the U.S. Supreme Court. Please
see our item dated 1/29/11 and 12/17/10 below.
As we
have noted in this article, two federal courts have upheld the
constitutionality of the law, while 2 other federal courts have declared the
act to be unconstitutional.
It is
quite rare for the Supreme Court to hear a case speedily under the expedited
review process.
The
Obama administration will oppose the expedited review, since the provisions of
the law remain in effect, unless enjoined from doing so by a lower court, Thus
the provisions of the act are constitutional unless the U.S.Supreme
Court rules otherwise.
In
November 2010, the Supreme Court refused to review another challenge to the act
that had been dismissed by a California judge on the groungs
that the plaintiffs did not have standing to sue.
(2/1/11)-
Judge Roger Vinson of the U.S. District Court for the Northern District of
Florida ruled that the Patient Protection and Affordable Care Act of March 23,
2010 was unconstitutional, since its provisions violated the commerce clause of
the Constitution. For more background information on this case please see our
items dated 10/19/10 and1/21/10 below.
The
suit questioning the constitutionality of the law was brought by former Florida
Republican Attorney General Bill McCollum, who was joined, as plaintiffs, by
the nation's most influential small business lobby. Ultimately 26 states joined
the suit as plaintiffs, 25 of who were from Republican states.
In
addition to Florida the states joining the action as plaintiffs were: Alabama,
Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana,
Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio,
Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin
and Wyoming.
Although
Judge Vinson did declare the law unconstitutional, he did not issue an
injunction against the provisions of the act from being carried out.
Thus
we now have 2 federal judges who were Democrats ruling in favor of the
constitutionality of the law and 2 Republican federal judges
ruling against its constitutionality.
The
Justice Department announced that it would appeal Judge Vinson 78 page
decision. Judge Vinson ruled that it was unconstitutional for the federal
government to require American to buy health care insurance or else face being
fined by the IRS in 2014, when that provision is due to go into effect.
It is
inevitable that the ultimate determination of the constitutionality of the law
will be decided by the U. S. Supreme Court within the next 1 year to 1 1/2
years.
(1/29/11)-
The Court of Appeals for the Fourth Circuit in Richmond, Virginia announced
that it would expedite its consideration of the lower court ruling that held
the Patient Protection and Affordable Care Act of 2010 (PPACA)
unconstitutional. Please see our item dated 12/17/10 below.
The
appellate court will hear oral arguments between May 10 and May 13 on the
Justice Department's appeal to overturn the ruling of Judge Henry E. Hudson of
the U.S. District Court in Richmond.
Judge
Hudson had ruled that Congress had exceeded the boundaries of the Commerce
Clause of the Constitution by requiring Americans to obtain commercial health
insurance. Judge Hudson did allow the law to remain in effect while the appeal
is pending.
(1/21/11)-
Six more states have joined the lawsuit questioning the constitutionality of
the Patient Protection and Affordable Care Act that is now pending before Judge
Roger Vinson of the U.S. District Court for the Northern District of Florida.
For additional details on this lawsuit please see our item dated 10/19/10
below.
The
six from Iowa, Kansas, Maine, Ohio, Wisconsin and Wyoming all have Republican
attorneys general. Thus, of the 26 states involved in this legal action
attacking the constitutionality of the law, 25 are from states with Republican
attorneys general.
The
U.S. House of Representatives voted 245 to 189 to repeal the act. Three
Democratic senators voted along with 242 Republicans in favor of repealing the
act.
Democratic
Senate leaders who control the Senate said that they will not act on the repeal
measure.
(1/19/11)-
Beginning in July of this year, the Patient Protection and Affordable Care Act
(PPACA) of March 23, 2010 gives federal regulators the right to review health
premium increases by insurance companies greater than 10%, if a state does not
have sufficient procedures of its own in this area.
David
Jones, the recently appointed health commissioner of California raised
questions about the premium increases assessed by some of the health care
insurance companies in that state. On January 6, he called on Blue Shield of
California to delay premium increases of up to 59%.
He
also called on Aetna Inc. and units of WellPoint Inc and UnitedHealth Group
Inc. to postpone their price increases as he reviews them
California
is the biggest market for insurance purchased by individuals, accounting for
15% of the national figure. About 2 million Californians bought individual
policies in 2009, more than double the number in Texas (907,717), the state
with the second largest individual market, according to the Kaiser Family
Foundation.
Florida
had 893,765 single health-care policies purchased by its residents and New York
had 740,539 single purchaser policies.
The
California insurance commissioner does not have the power to reject the
increases, but he can review the applications for rate increases and ensure
that they are in compliance with the state law.
Last
year, WellPoint sought a 39% increase in California, which was eventually
decreased to a 14% increase.
Federal
regulators would also not be able to reject increases, but the hope is that by
publicly requiring the insurance companies to justify the increases, the
insurance companies will be held accountable by the public.
(1/4/11)-
The first major beneficiaries of the new Patient Protection and Affordable Care
Act of 2010 will be those Medicare Part D plan members who fall into the
"doughnut hole". Enrollees whose total drug costs for the year fall
between $2,840 and $6,448 will get a 50% discount of branded prescription drugs
and 7% discount on generic drugs.
Those
who fell into the hole in 2010 received a $250 rebate in 2010 to offset the
cost of paying for those drugs out-of-pocket.
Medicare
beneficiaries with annual incomes above $85,000 for individuals and $170,000
for couples will get a smaller subside for Medicare Part D prescriptions.
The
pharmaceutical industry will face a $2.5 billion levy in that their profit
margins will be reduced by the lower prices for drugs falling into the
"doughnut hole".
About
20 preventive health services, including colorectal cancer screenings,
mammograms and smoking cessation services will be free for Medicare
beneficiaries.
(12/29/10)-
The $250 billion stop-gap funding measure that was recently passed by Congress
does not contain the needed financing for the Patient Protection and Affordable
Care Act of 2010. The Internal Revenue Service needs additional funding to
enforce the requirement that most Americans carry health insurance by 2014.
Republicans
are also looking to cut funds for the law's expansion of the Medicaid insurance
program for the poor, and for subsidies to offset the cost to buying insurance
for lower income individuals and families. There would not be financing for the
new board that will recommend Medicare spending reductions, and for parts of
the law tied to abortion coverage services.
The
Department of Health and Human Services has the power to redirect money from
other operations to cover some of the gaps in the new law, but a battle
certainly will develop over these matters when the new Congress comes into
session.
(12/17/10)-
The Justice Department announced that it would appeal the decision of Judge
Henry E. Hudson of the U.S. District Court in Richmond, Va.,that
declared the Patient Protection and Affordable Care Act of 2010 (PPACA )
unconstitutional, . The Richmond case was filed by Virginia's attorney general,
Kenneth T. Cuccinelli II, a Republican, and all but one of the 20 attorneys
general and governors who filed a similar case before Judge Roger Vinson in
Pensacola, Fla, are Republicans.
The
two previous rulings that upheld the constitutionality of the act are already
before the midlevel courts of appeal, with the Detroit case in the Sixth
Circuit in Cincinnati., and the Lynchburg case in the Fourth Circuit in
Richmond, which is the same circuit court where Judge Hudson decision will be
appealed. Lynchburg is only 116 miles from Richmond, even though the decisions
are on opposite sides of the issue.
(12/14/10)-
Federal Judge Henry E. Hudson in Richmond, Virgina, as expected, ruled against
the constitutionality of the Health-Care Reform Act of 2010. Thus he became the
first federal jurist to rule against the constitutionality of the law, as
opposed to the two prior rulings that had upheld the law as constitutional.
For
more information on these cases please see our items directly below this one.
The
next judge to rule on this issue will be Judge Roger Vinson of the U.S.
District Court for the Northern District of Florida. Please see our item dated
10/19/10 below.
Judge
Hudson based his ruling on the fact that Congress had exceeded its
constitutional power to regulate commerce by penalizing individuals who, by
their "inaction", failed to obtain health insurance as required by
the law. In his opinion, "inaction" is not covered by the commerce
clause of the Constitution.
There
is no doubt that whichever side wins in these cases, it will be the U.S.
Supreme Court that will have the final say on the matter.
(12/7/10)-
A second federal court judge has upheld the constitutionality of the new
health-care law in dismissing a lawsuit brought by Liberty University in
Lynchburg, Virginia. In doing so, the judge, Norman K. Moon upheld the law as
being within the constitutional power of Congress to regulate interstate
commerce.
Judge
George C. Steeh of the Federal District Court in
Detroit had also upheld the constitutionality of the law as noted in our item
dated 10/15/10 below. President Bill Clinton had appointed both Judge Steeh and Judge Moon.
Two
other federal court judges are expected to rule on the constitutionality of the
law within the next two months. For more details on the case pending before
Judge Roger Vinson, of the U.S. District Court for the Northern District of
Florida please see our item dated 10/19/10 below.
The
other judge who is expected to rule on the constitutionality of the law is
Judge Henry E. Hudson in Richmond, Virgina. Republican presidents appointed
Judge Vinson and Judge Hudson.
The
item in the law causing most of the lawsuits is the requirement for individuals
to buy health insurance by 2014. Even though the law provides for subsidies to
be paid for the poor in getting the insurance, opponents of the law argue that
this violates the Interstate Commerce clause of the Constitution..
In
effect opponents of the law argue that this requirement would amount to the
regulation of inactivity. Judge Moon disagreed with this argument when he
stated: "Far from 'inactivity', by choosing to forgo insurance, plaintiffs
are making an economic decision t try to pay for
health care services later, out of pocket, rather than now, through the
purchase of insurance."
(10/27/10)-Slowly
but surely the cases arguing against the constitutionality of the Health-Care
Reform Act of March 2010 are wending their way through the court system. In the
latest case, where a hearing was held before U.S. District Judge Henry E. Hudson
that took up almost 3 hours, the judge announced that he would announce his
decision before the end of the year.
As
our item dated 10/15/10 below reports, Judge George C. Steeh
of the U.S. District Court in Michigan, whom Bill Clinton appointed upheld the
constitutionality of the law. On the other hand Judge Roger Vinson of the U.S.
District Court for the Northern District of Florida seemed to indicate that he
doubted the constitutionality of the law. Please see our item dated 10/19/10
below.
Republican
presidents appointed both Judges Hudson and Vinson.
It
seems quite clear that at this point that no matter which side prevails in the
lower court decisions, ultimately the Supreme Court will have to decide on the
constitutionality of the law.
(10/19/10)-
A federal court judge in Florida denied a government motion to dismiss an
action brought by 18 Republican attorneys general, 2 Democratic attorneys
general, two individuals and the National Federation of Independent Business
(which represents small businesses) that questioned the constitutionality of
the Health-Care Reform Act of 2010.
The
judge, Roger Vinson of the U.S. District Court for the Northern District of
Florida who will now proceed to hear the case went, on to say: "at this
stage of the case, the plaintiffs have most definitely stated a plausible
case." The case will now proceed to a full hearing on December 16th.
The
plaintiffs also argued that the law's provision expanding Medicaid to 16
million Americans was unconstitutional because it would impose costs that the
states could not afford.
Please
see our item dated 10/15/10 below, where a federal judge in Michigan upheld the
constitutionality of the law.
(10/15/10)-
Judge George C. Steeh of the Federal District Court
in Detroit, Michigan became the first jurist to rule on the constitutionality
of the new health care law. The judge upheld the constitutionality of the law,
stating: the provisions of the new law cover "activities that
substantially affect interstate commerce".
The
central question is whether the Commerce Clause of the Constitution gives
Congress the authority to require citizens to obtain a commercial health
insurance contract by 2014, when that provision goes into
affect. There are about 20 other state lawsuits questioning the
Constitutional legality of the provision, with the next hearing being held on
October 18th in Virginia.
Judge
Steen was appointed by President Bill Clinton who went on to say: "These
decisions, viewed in the aggregate have clear and direct impacts on health care
providers, taxpayers and the insured population who ultimately pay for the care
provided to those who go without insurance."
(10/10/10)-Under
present Medicare Part D coverage, seniors pay a $310 deductible, then 25% of
their drug costs until they reach $2,830 in total prescription drug expenses
for the year. After that, beneficiaries must pay for drugs out-of-pocket until
expenses exceed $6,440. This is the so-called " doughnut hole". After
reaching that expense level a beneficiary pays 5% of the drug costs for the
rest of the year.
Under
the new health-care reform bill beneficiaries will receive a 50% discount on
brand-name drugs, and a 7% discount on generics when they reach the
"doughnut hole" level. By the year 2020 the " doughnut
hole" will be entirely eliminated.
Under
the new health care law, most government subsidies that Medicare Advantage
plans have received will be phased out by 2017. In 2011, the subsidies will be
frozen at last year's level.
In
2011, open enrollment for Medicare Advantage plans will be from January 1
through February 15, instead of its present timeframe of January 1 through
March 31. Under the old system Medicare Advantage plan participants could
change insurers or go back to regular Medicare. Under the new law, a
beneficiary will be allowed to only go from Medicare Advantage plans back to
regular Medicare. You will not be allowed to switch from regular Medicare to
Medicare Advantage.
(9/20/10)-
The number of Americans without health insurance rose by 4.4 million to 50.7
million last year, the largest annual jump since the government began
collecting comparable data in 1987, according to figures from the U.S. Census
Bureau.
The
percentage of Americans covered by private insurance in 2009, 63.9%, was the
lowest since 1987,while the percentage of people
covered by government programs, 30.6%, was the highest. The number of American
with some form of health insurance dropped last year for the first time since
1987 to 253.6 million in 209 from 255.1 million in 2008.
The
50.7 million Americans who are uninsured is 16.7% of the population. The number
of Americans with employer-sponsored coverage dropped by 6.6 million to 169.7
million last year from 176.3 million in 2008- the largest one time drop since
1987.
The
total number of Americans with private insurance fell to 194.5 million from 201
million. The number of Americans covered by Medicaid increased to 47.8 million
in 2009 from 42.6 million in 2008, and is now the largest percentage of the
population on the program since 1987.
(8/6/10)-
U.S. District Judge Henry Hudson denied a motion by the U.S. Justice Department
to dismiss the case brought by the Commonwealth of Virginia's Attorney General
Ken Cuccinelli to declare the Health Reform Act of 2010 unconstitutional
The
suit argued that the federal government does not have the authority under the
Constitution's Commerce Clause nor the taxing power to require citizens to buy
health insurance or pay a penalty. There are 21 states currently contesting the
constitutionality of the Health-Care Reform Act of 2010
A
further hearing on the matter will be held on October 18th.
The
Virginia Health Care Freedom Act passed this year, declared that residents of
the state cannot be forced to buy health insurance. The federal health-care
legislation requires most U.S. residents to have health-care coverage or pay a
penalty by 2014.
(7/29/10)-
President Barack Obama's heath-care reform act that
passed in 2010 allows the FDA to approve generic biologics to be marketed, with
the FDA setting the rules as to how that approval can be granted
The
FDA recently approved the first generic version of the blood thinner Lovenox (enoxaparin) to be sold in this country. Lovenox, is manufactured and sold by Sanofi-Aventis SA,
while the generic version thereof will be marketed by a subsidiary of Novartis
AG.
Sanofi's
subsidiary, Momenta indicated it may bring legal action to prevent the generic
version of Lovenox to be marketed because the drug is
too complex to be copied safely. Lovenox is drawn
from animal proteins, and is in the middle of the categorization of a
traditional chemical drug and a biologic drug made from human proteins.
(7/17/10)-
The Obama administration released the rules specifying which preventive
services insurers must provide to consumers at no additional cost for new
health plans that begin coverage after September 23, 2010, and to health plans
that make significant changes after that date. The rules stipulate that no
co-payments can be charged for the tests and screenings.
The
administration does concede that as a result of these rules, premiums will be
increased by about 1.5% on average. The rules arose as required under the new
Health-Care Reform Act of 2010.
The
rules will eliminate co-payments, deductibles and other charges for blood
pressure, diabetes and cholesterol tests; many cancer screenings; routine
vaccinations/ prenatal care' and regular wellness visits for infants and
children.
Counseling
to help people stop smoking, screening and counseling for obesity; and test for
infection with virus that causes AIDS must also be offered at no cost.
The
administration is working on a supplemental list of free preventive services
for women.
(7/11/10)-
The new health-care reform law requires pharmaceutical companies and medical
equipment manufacturers to report physician-payment data to the government,
which the U.S. Department of Health and Human Services will consolidate and
make available on a public Web site. This requirement for annual reporting is
to begin in 2013.
(6/29/10)-
There are about 1400 American corporations that have been receiving federal tax
subsidies since 2003 to offset their costs for prescription drugs for their
retirees who are covered under their health-care and benefits plans. This
subsidy, which amounts to about $600 per eligible retiree was granted so that
the corporations would continue to cover retirees' drug benefit costs, and not
shift them onto Medicare.
Under
the new health care legislation that was recently enacted, this subsidy will
end, and not be available again until 2013.
Navistar
International Corp. announced that it would drop prescription drug benefits for
its approximately 38,600 retirees and their spouses, of whom, about 22,000 are
65 or older, thus in effect causing eligible retirees and spouses to apply for
Part D coverage for their pharmaceutical needs..
The
United AutoWorkers (UAW) union has petitioned the
federal district court in Dayton, Ohio, to block this change.
(6/11/10)-
The government will begin to mail $250 checks to seniors today, who belong to
Medicare and fell into the so-called "doughnut hole". The
"doughnut hole" is when prescription drug spending totaled between
$2,831 to $6,440 in 2009, and thus no insurance coverage reimbursed them for
any part of that expenditure.
In
reality this means that about one in 10 individuals who are on Medicare will
receive the check, or about 4 million people.
The
bill cuts about $455 billion in Medicare spending over a decade from payments
to hospitals and other health-care providers. About $136 billion of this cut
will hit Medicare Advantage plans.
(6/6/10)-
The new health-care reform act requires pharmaceutical companies to advise
Congress as to how many free samples of their products they distribute.
Pfizer
Inc. gave out 101 million drug samples worth $2.7 billion in 2007. Merck &
Co. gave out 39 million samples worth $356 million and Eli Lilly & Co. gave
out 33million samples worth $67 million.
The
value of the drugs reported to Congress was based on either the market price or
the wholesale cost for the drugs.
In
addition to the free samples, Pfizer said it has helped six million patients
receive more than 48 million Pfizer prescriptions, which was worth an estimated
$5.7 billion as part of its program to help low income individuals receive low
to no-cost drugs.
(5/29/10)-
Kathleen Sebelius, the secretary of health and human resources announced that
the federal government would soon begin sending $250 checks to Medicare
beneficiaries who had prescription drug costs that hit the " doughnut
hole" in 2009.
The
first checks will go out June 10, and the government estimates that about 4
million Medicare beneficiaries will receive these checks by the end of the
year. The government will automatically send out the checks and Medicare
beneficiaries do not have to fill out any forms to get the checks.
(5/13/10)-
According to the latest estimate from the Congressional Budget Office, the
new-health care law could add at least $115 billion more to government
health-care spending over the next 10 years.
The
new estimate includes an additional $10 billion to $20 billion in
administrative costs to the federal agencies carrying out the law, $34 billion
for community health centers and $39 billion for Indian health care.
If
Congress approves all the additional spending called for in the legislation, it
would push the 10-year cost of the health-care reform above the $1 trillion
mark that the Obama administration had set as the ceiling.
(5/10/10)-
Under a temporary $5 billion program, that was a part of the Health-Care Reform
Act of 2010, the federal government will reimburse employers for 80% of the
cost of claims from between $15,000 to $90,000 a year for a retired worker who
is 50 or older and not eligible for Medicare.
The
program will run from June 1, 2010 to January 1, 2014, when many early retirees
will be able to enroll in health plans offered through new state-based markets
known as insurance exchanges.
The
aim of this program is to help induce employers to keep health-care coverage
for early retirees who are not eligible for Medicare, but earn too much, or
have too much in assets to be eligible for Medicaid.
Kathleen
Sebelius, the secretary of health and human services, predicted that 4,500
employers and early retirees would seek federal help under the program. The
government could deny or stop accepting applications for the program if it
appeared that the $5 billion would run out before 2014.
(4/12/10)-
The parts of the new health-care reform legislation governing preventive care
go into effect on September 23rd, 2010, which is six months after it
was signed by the president. If Medicare covers you, the upgrades to preventive
care go into effect January 1, 2011.
On
September 23rd new health-care insurance plans, and plans that make
changes, must start to offer free preventive care.
The
preventive services will include those that the United Stated Preventive
Services Task Force (USPSTF) has given their top A or B rating, like screening
for HIV, depression, osteoporosis in postmenopausal women, as well as breast,
colorectal and cervical cancer. The USPTF is a panel of outside medical experts
under the Health and Human Services Department.
Children
will receive free screenings for conditions including iron deficiency, sickle
cell diseases and hypothyrodiism.
Immunizations
recommended by the Centers for Disease Control and Prevention (CDC) will be
covered, including vaccines for Hepatitis A & B, tetanus-diphtheria,
seasonal flu vaccines and human papilloma virus for girls 9 to 26 years old.
(3/29/10)-
When prescription drug coverage was extended to Medicare beneficiaries in 2003
as Medicare Part D, it was feared that many corporations would abandon drug
coverage for their retirees, and thus force the retirees into Part D coverage.
To
encourage corporate America to continue to offer prescription drug coverage for
their retirees, beginning in 2006, companies have received a 28% federal
subsidy, or up to $1,330 per retiree, tax-free.
In
addition to receiving the subsidy, the company could deduct it from their
taxes. Under the new law, companies will no longer be able to deduct the
subsidy, but it remains tax-free. The change does not take effect under the new
health-care reform law until 2013, but they have to take the charge now, to
reflect the loss of the future tax deduction.
According
to David Zion, an analyst at Credit Suisse, the S&P 500 companies will take
a combined hit of $4.5 billion to first-quarter earnings.
It
seems to us at therubins that corporate
America is raising its voice in complaint about this change, when in all
reality, the change is one that certainly is more equitable in eliminating a
double benefit that corporate America should not have been entitled to in the
first place.
For
those making more than $200,000, or $250,000 for a couple, the new Act means a
boost in the Medicare payroll tax beginning in 2013. That is the same year, the
Act adds a tax of 3.8% on unearned income, which includes interest and
dividends, above those same thresholds. The tax applies only to the income in
excess of the limits.
Thus
if a couple earned $200,000 in wages and $100,000 in capital gains, for a total
of $300,000, $50,000 (the amount over the $250,000 mark for couples)would be
subject to the new tax starting in 2013. If the top income tax rate returns to
39.6%, as President Obama has proposed, investors in the top bracket would pay
a total of 43.4% rate on bond interest, including the proposed 3.8% investment
tax.
It is
estimated that the new tax would affect some four million couples and one
million individual filers.
The
amount you can put in a tax-free flexible spending account (FSA) will be
limited to $2,500 a year starting in 2013. There is currently no legal cap on
the amount that an employee can put into his/her flexible spending account,
although many employers impose their own limits.
Those
who pay for drugs in the "doughnut hole" coverage gap are eligible
for a $250 rebate in 2010. In 2011, that group will get a 50% discount on
brand-name drugs. The doughnut hole will be gradually eliminated by 2020. This
loss of profit for drugs in the "doughnut hole" is where the drug
companies came up with the $80 billion over 10 years that they lose as a result
of the health-care reform act.
Starting
next year, certain preventive care examinations will be free.
FOR AN INFORMATIVE AND
PERSONAL ARTICLE ON PRACTICAL SUGGESTIONS WHEN SELECTING A NURSING HOME SEE OUR
ARTICLE "How to Select a Nursing Home"
By Allan Rubin
updated May 30, 2023
To
e-mail: harold.rubin255@gmail.com or allanrubin4@gmail.com