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Trump administration deals another blow to Obamacare

https://benefitspro.com/2018/07/09/trump-administration-deals-another-blow-to-obamaca/?kw=Trump%20administration%20deals%20another%20blow%20to%20Obamacare&et=editorial&bu=BenefitsPRO&cn=20180710&src=EMC-Email&pt=Daily&slreturn=20180610094556
On Saturday, the U.S. Centers for Medicare & Medicaid Services said a months-old federal court ruling would force it to suspend what are known as risk-adjustment payments, worth about $10.4 billion for 2017. The payments are part of a program in the Affordable Care Act meant to help balance the insurance markets when some insurers inevitably got stuck with sicker, more costly patients.
This decision by the administration will further tilt our failed private healthcare system towards seeking to insure only healthy people while denying the sick who really need healthcare coverage. It will actually further incentivize them to exclude those in greatest need from plans or deny their claims.
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Comments

  • Trump = spooge.
  • Crash said:

    Trump = spooge.

    Love the Internet; I found myself ignorant of the meaning of "spooge" and suspecting you meant Scrooge or something else, I sought the meaning of spooge. Maybe you meant spooge?
    Noun. spooge (usually uncountable, plural spooges) Any sealant or lubricant applied during the assembly of electronic equipment. (informal) Semi-liquid gunk. (vulgar, slang) semen.
  • Move along. Nothing to see here, just another article about poor, fellow Americans that this administration cares squat about. We've got racist, polluting, anti-government rich people to care for don'tcha know.
  • indeed.
  • Folks losing their jobs (and health insurance) as a result of the trade war will be in for a rude awakening. No doubt to be blamed on the prior administration.

    Having just turned 63 and previously retired, I'm bracing for a pretty big healthcare bill next year.
  • Must be a really bad day for the Trump haters. Enjoy.
  • A really bad day for anyone with even a streak of decency or compassion for others.
  • Total BS.
  • Gloating because sabotage to folks healthcare plans will cause financial hardship to countless Americans?

    Mighty un-Christian of you bartab.

  • bartab if it was HC or anyone else I'd say the same thing. Why is it total BS if you please?
  • Despicable.
  • Just never got into constant fear mongering. I find it gets very old. Some obviously don't
  • I find that the obvious pleasure you take in the misfortune of others gets very old. Crawl back under your rock.
  • bartab, wait, wait, are you not someone who has suffered and survived serious health crises?

    Sorry, maybe I'm confusing you with another rightist poster here.

    But if not, then wtf, dude. Seriously. Is libtard trolling / epater pleasure worth shooting yourself in your own new organ, or whatever it was?

    Apologies if I have subbed someone else for you.
  • He got his. Screw everyone else. Totally typical.
  • Pretty lame bartab. You can do better than that. Give me a valid reason or reasons. How is cutting off those payments total BS or fear mongering?
  • Don't you just love how they scuttle away into the darkness when you call their bluff? They find it really hard to get past the "this is BS because I say so" routine.
  • Is anyone other than Lewis interested in something other than sniping?

    There's more to the story, and to the potential effects, than the little fragment he quoted above. Many people, including the state insurance regulators in NY and MD, complained (during the Obama administration) that the risk adjustment formula used by CMS (applied to all 50 states) was hurting new and/or smaller insurers. Despite these warnings, CMS took only baby steps to correct.

    Risk Adjustment Gone Wrong, Aug 7, 2016. This offers a clear summary of the ACA's "three Rs" and describes how risk adjustments have played "reverse Robin Hood" with insurers.

    The judge in the federal ruling said the damaging aspects of the risk adjustment formula were okay. My quick take on the court's thinking is: well, CMS acted reasonably on complex information, so the harm doesn't matter. All that matters is the reasonable intent, not the unreasonable result of putting CO OPs and other startup insurers out of business.

    The only thing the court objected to was that fact that CMS had not used permissible rationales for one part of the formula (using a state's average rates rather than rates specific to each insurer). The court even suggested that had CMS articulated a policy basis, the court could have upheld the risk adjustments. (See p. 68 of the ruling.) A technicality in the worst sense of the word, IMHO.
    Court opinion and order
    .

    Further, the ruling doesn't affect risk adjustments going forward. From the article Lewis cited:
    The legal situation won’t affect the risk-adjustment program in 2019, because the administration already issued a new regulation for next year that accounts for the issues in the New Mexico case...
    As to the 2018 payments, that's another matter. Here's speculation presented last Monday to AEI by "Timothy Jost, a Washington and Lee University professor emeritus who closely follows the ACA."
    The announcement on Saturday that the administration is going to hold off on risk adjustment payments is, I think, unnecessary and will likely increase premiums and reduce insurer participation...

    I think there’s a 100% chance the payout will come when it otherwise would have come in the fall unless the Trump administration decides this is a good way to throw a wrench into the whole thing. There’s no reason why they can’t get this resolved or put out an interim final rule if they have the will to do it.
    https://www.fiercehealthcare.com/hospitals-health-systems/american-enterprise-institute-event-examines-future-aca
  • @MSF A more objective source than the American Enterprise Institute perhaps:
    https://kff.org/health-reform/issue-brief/explaining-health-care-reform-risk-adjustment-reinsurance-and-risk-corridors/
    Background: Adverse Selection & Risk Selection

    One concern with the guaranteed availability of insurance is that consumers who are most in need of health care may be more likely to purchase insurance. This phenomenon, known as adverse selection, can lead to higher average premiums, thereby disrupting the insurance market and undermining the goals of reform. Uncertainty about the health status of enrollees could also make insurers cautious about offering plans in a reformed individual market or cause them to be overly conservative in setting premiums. To discourage behavior that could lead to adverse selection, the ACA makes it difficult for people to wait until they are sick to purchase insurance (i.e. by limiting open enrollment periods, requiring most people to have insurance coverage or pay a penalty, and providing subsidies to help with the cost of insurance).

    Risk selection is a related concern, which occurs when insurers have an incentive to avoid enrolling people who are in worse health and likely to require costly medical care. Under the ACA, insurers are no longer permitted to deny coverage or charge higher premiums on the basis of health status. However, insurers may still try to attract healthier clients by making their products unattractive to people with expensive health conditions (e.g., in what benefits they cover or through their drug formularies). Or, certain products (e.g., ones with higher deductibles and lower premiums) may be inherently more attractive to healthier individuals. This type of risk selection has the potential to make the market less efficient because insurers may compete on the basis of attracting healthier people to enroll, as opposed to competing by providing the most value to consumers.

    The ACA’s risk adjustment, reinsurance, and risk corridors programs were intended to protect against the negative effects of adverse selection and risk selection, and also work to stabilize premiums, particularly during the initial years of ACA implementation.

    Each program varies by the types of plans that participate, the level of government responsible for oversight, the criteria for charges and payments, the sources of funds, and the duration of the program. The table below outlines the basic characteristics of each program.

    The ACA’s risk adjustment program is intended to reinforce market rules that prohibit risk selection by insurers. Risk adjustment accomplishes this by transferring funds from plans with lower-risk enrollees to plans with higher-risk enrollees. The goal of the risk adjustment program is to encourage insurers to compete based on the value and efficiency of their plans rather than by attracting healthier enrollees. To the extent that risk selecting behavior by insurers – or decisions made by enrollees – drive up costs in the health insurance marketplaces (for example, if insurers selling outside the Exchange try to keep premiums low by steering sick applicants to Exchange coverage), risk adjustment also works to stabilize premiums and the cost of tax credit subsidies to the federal government.
  • edited July 2018
    @msf- Well, you're right on the sniping of course. However, once again, let's look at the provocation: this was a pretty reasonable exchange of opinion until bartab deliberately threw a little grenade into the post. If he has a different opinion on the matter, that's fine: let's hear his reasoning and factual information, such as you and Lewis have subsequently provided. I'd respect that background info just as much if he had posted it. But his type doesn't work that way... they just like to foment as much trouble as possible and then quietly disappear. Very tiresome.

    As Madeleine Albright observes in her current book, if the rest of us just sit there and do or say nothing it can just be a matter of time until fascism silently wins the day. Wouldn't be the first time, by any means.


    image

    (Image from Washington Post article)
  • edited July 2018
    "...The Trump administration is now urging navigators to also steer people toward health plans that work around ACA's consumer protections..." Despicable.
    http://theweek.com/5things/784138/trump-administration-cuts-grants-that-help-consumers-aca-coverage#3item


    I will say this: a few years ago, we inquired about getting on a plan through the "Connector" here in Massachusetts. One guy on the other end of the phone line actually was using some shit-bag "hard-sell" tactics. We did not fall for that bunch of feces. Another "agent" would not let me even SPEAK, and told me if I mentioned "X" (I've forgotten what it was) again, then she would hang up on me. UNPROFESSIONAL FART-BRAINED LOSERS working for those "exchanges." We continued to get contradictory mailings from them, too. And NOTHING should take 9 days through the mail to get to Springfield from Taunton. 80 miles, perhaps. (Surely, there are very simply some essential, key "civil servants" involved in this FUBAR operation who JUST DO NOT CARE.) My wife and I have stuck with the extremely value-less stinker insurance plan through her job. Because we need "insurance." Well, what we have is almost insurance. It's just fine with The Powers That Be, because actual, useful insurance COVERAGE is not the goal.
  • @LewisBrahm, you've got me scratching my head.

    All that I quoted from an AEI presentation were statements that:
    • holding off on 2018 risk adjustment payments is unnecessary and will harm ACA plans (increase premiums and cause insurers to drop out)
    • if the 2018 payments are not ultimately paid on time, it would be because Trump would be trying to wreck things.
    Is there something here you disagree with?

    KFF describes the intent of risk adjustments, and goes on to describe how it is supposed to work in concept. Nothing about how it has played out, how it may have worked to the detriment of the ACA:
    The ACA’s risk adjustment program is intended to reinforce market rules that prohibit risk selection by insurers. Risk adjustment accomplishes this by transferring funds from plans with lower-risk enrollees to plans with higher-risk enrollees [if it works as intended]. The goal ...
    The original article you cited notes that "Some newer insurers have criticized the risk-adjustment program, saying it benefits more established insurers that have the resources to identify more of their customers’ ailments."

    I've been aware of these complaints for two years. I believe that the magnitude of the dollars involved and impact on these insurers are real and represented accurately. What I've not been able to ascertain is whether and to what degree the payments from new/small insurers to large/established insurers are due to a flaw in how risk adjustments are calculated, and how much if any reflects poor operations/actuarial work/management of the newer insurers.

    I urge you to take a look at my first citation above, Risk Adjustment Gone Wrong. I suggested this because I found it clear and comprehensive, covering, the background that is contained in your KFF quote, how risk adjustments have worked out, and possible explanations.

    I did not link to it because it was an authoritative source or that I was familiar with the writer Jonathan Halvorson. I can't speak to his orientation, but upon looking him up, he certainly appears expert on the subject (i.e. not your typical blogger).
    http://sachspolicy.com/about/jonathan-halvorson/
  • @MSF But the larger question is can health insurance really be like a traditional competitive market with many entrants competing on price? Healthcare is what is called a "wide moat" business with significant barriers to entry which requires significant scale--a large enough risk pool--to be delivered effectively, and to enter a new market where a dominant player already exists with a network of doctors and patients is extremely difficult. So whether these small new entrants are worth saving is an important question.
    In your Risk Adjustment Gone Wrong blog, the author cites HealthRepublic's failure in New York as an example.But the reason HealthRepublic had to make risk-adjustment payments was its customers were mostly younger, healthier people getting insurance for the first time. Meanwhile, the larger insurers in the state have an older risk pool with a significant amount of less healthy customers. Well guess what, in that situation I do think the insurers handling the sicker patients are entitled to risk-adjustment payments just so long as they continue to care for such sick patients and not try to deny their claims or kick them out of their insurance plan--a problem existing in the pre-Obamacare era.

    HealthRepublic intentionally under-priced its insurance to attract new customers--again the problem with being a new entrant--and was effectively cherrypicking younger healthier customers. The fact that it under-priced its risk in no way invalidates the concept of risk-adjusted payments. It shows that the idea of a competitive private market in health insurance is rather stupid as scale is really necessary to compete, but if there is supposed to be some sort of private market, at the least insurers should not be incentivized to cherry pick their customers and deny coverage to the sickest people, defeating the whole purpose of having health insurance in the first place.
  • The article cited was full of maybe's, possibly's, could's, and no real numbers or information. It did the job in getting you all fired up. You could maybe buy me a nice Acura MDX tomorrow but I doubt it. Is your health insurance going to go up $5.00 or $500.00 per month? Where does it say? I don't really see much else about it anywhere on the internet or news. I was in the OR today for about 9 hours, didn't hear anything at all. I guess everybody was more interested in the soccer and tennis matches going on. I don't think there is a lot of hope for health care as long as unions, politicians, and lawyers all get what they want, which they will. And yes, I have a lot at stake.
  • But the larger question is can health insurance really be like a traditional competitive market ... whether these small new entrants are worth saving is an important question.

    Agreed, but that leads to an existential question - can the ACA model, based as it is on insurer competition, work at all? If a market winds up being served by a single insurer (as is the case in the majority of counties now) ISTM you've got a single payer system by definition. It's just that the single payer is the insurer.


    In your Risk Adjustment Gone Wrong blog, the author cites HealthRepublic's failure in New York as an example.But the reason HealthRepublic had to make risk-adjustment payments was its customers were mostly younger, healthier people getting insurance for the first time. ... HealthRepublic intentionally under-priced its insurance to attract new customers--again the problem with being a new entrant--and was effectively cherrypicking younger healthier customers.

    I suspect the author cited HealthRepublic because its payment numbers were the largest, not because it served as a particularly good example once one drilled down.

    Do you have a reference stating that HR's customers were healthier or that it was cherry picking? Low prices for bronze plans could be circumstantial evidence, but it's rebutted by the fact that HR's prices were low across the board, not just on plans targeting healthier people. In addition, unlike most of the plans it was competing against, HR offered a broad network including access to Memorial Sloan Kettering. An obvious draw for cancer patients.

    The risk adjustment figures for HR certainly suggest that it had healthier customers. But since the question here is whether that formula misrepresented the health of customers, relying on the adjustment numbers for HR would constitute circular reasoning.

    Health Republic was (aside from the size of its adjustments) a poor choice of an example for many reasons. From USCAnnenberg Center from Health Journalism:Insurance co-ops were supposed to foster choice and competition, but they never had a chance August 15, 2016.

    It notes that "In Iowa and Nebraska ... co-op officials also [like Health Republic] lured customers with low premiums and other enticements. They hooked older people, a group likely to be sicker and generate lots of claims, with platinum policies offering generous coverage."

    It goes on to observe that "the co-ops’ hands were also tied from the get-go. Likely competitors with a distaste for competition and old political opponents of the public option in Congress were taking no chances. They threw up roadblocks from the beginning." (You can read the article for details.)

    Health Republic was mismanged both internally and by the NYS regulators, who denied HR's requests to raise rates even before it went live. I did acknowledge that some of the reasons for large payments from newer insurers to, e.g. the Blues, could be due such causes. HR is a particularly egregious example, which is why it wasn't a good one for the blog to cite.
    http://acasignups.net/16/04/25/new-york-health-republic-meltdown-embarrassing-just-about-everyone

    This may be a better example - a new insurer, with healthcare pedigree and deep pockets (both unlike co-op's) that was on the hook for $100M risk adjustment payments. The CEO of its parent recently said that if the government could help make the numbers work, "he would be glad to give it another go."
    https://www.northwell.edu/about/news/press-releases/while-preserving-its-population-health-commitment-northwell-withdraw-careconnect-nys-insurance-market

    I'm wondering if you have the impression I disagree with risk adjustments. They are a logical necessity to make insurance work if insurers are barred from pricing based on risk. It's as simple as that. Getting it right is a lot more difficult.
  • bartab said:

    The article cited was full of maybe's, possibly's, could's, and no real numbers or information.

    • UnitedHealth "was due a net $281 million in risk adjustment payments" (small business mkt)
    • "In the individual market, it had limited participation and was due a net $86 million"
    • "The next highest beneficiaries ... received $13.5 (small group) and $48 million (individual)."
    • "HealthRepublic of NY, went bankrupt owing its competitors $191 million"
    • "It owed about 37% of its total 2015 premium revenue."
    The point of these numbers was that there has been a massive transfer from the have-nots to the haves.
    bartab said:

    Is your health insurance going to go up $5.00 or $500.00 per month? Where does it say? I don't really see much else about it anywhere on the internet

    If you don't see anything about next year's prices on the internet, you're just not looking hard enough. I've looked at all the 2019 rate filings for insurers I might be considering.
  • edited July 2018
    United Health was due 281 million. UHC revenues in 2017 were 201 Billion. Thats somewhere around .13% or a touch more. If they applied that to my monthly insurance bill of $2,200, that would be about $3.00. I think. I suck at math, so please check it and let me know if I am wrong. I am sure I am oversimplifying it, but you will let me know. That gets you all excited? The fact that insurance is going up substantially next year, and every year, has been pretty well known for years. Nobody has done anything about it. Nobody. It was known that under Obamacare that future rates would rise dramatically. The same now. There is no difference. Obviously, you want to blame everything on Trump. You should really spread it around to everybody involved. Do you worry at all about underfunded pension plans? Don't hear much about that here. Trump didn't cause all of these problems. They have been getting worse and worse. For years. Kicked down the road. I blame all of the politicians. Democrats and Republicans. They are the despicable ones. I know a lot of people on here look up to them, and idolize them. Crazy.
  • You who have been in health crises probably unlike any of us seem prone to have been a fan of ACA. So what is going on?

    >> It was known that under Obamacare that future rates would rise dramatically.

    Compared with what? How do you think it would have gone if past trends had continued as they were going?

    And what about being uninsurable?

    What about Medicaid?

    Fill us in, if you would. You are more acutely on point here than anyone most of us ever talk to or hear from about this.
  • edited July 2018
    I was not a fan of Obamacare because there was to become a time when the Cadillac tax would have kicked in for me. The plans sucked, for me. I also truly felt that it would be difficult to qualify for transplant, and believe me, I do know several people that were denied transplant. Well, I did know several. I needed the best insurance I could get and was paying for it. That, evidently was frowned upon. I don't recall exactly, but the tax was going to be 40% on plans that were over a certain amount. I don't recall what that amount was, but I would hit it. I can think of no reason whatsoever that I should be forced to pay a 40% tax because I was forced to seek a premium health care plan. It was also necessary for me to go to the doctors on whom I was most dependent. I think you can understand how I feel about Obama's big lie. That, was despicable. When you weigh in my monthly blood draws, now semi annual clinic testing, ct scans, and all of my meds, it is coming from somewhere, but please don't tell me I should have been taxed 40% of my plan cost. I do pay a pretty penny out of pocket. I do not mean to sound like I am complaining, it is far better than the alternative. I would have not seen the last 3 years, and I prefer to be around. I work full time by the way, Five years out is my 50/50 survival stat. I plan on going much longer. As far as not insuring pre existing conditions, that truly is despicable, but I believe people need to be responsible. Rand Pauls plan had an open window where anybody with preexisting conditions would be able to procure insurance. I am sure there would be help for those who need it. Fine with me. Technically, at the end of that window, and people with preexisting conditions acted and acquired insurance, there would be no more preexisting conditions, correct? Well, except those that gamed the system. You know what? Tax them the 40%. Nothing makes sense anymore. In other words, ranting about nickel and dime things and Trump causing all of the problems is what I have a problem with. The health care debacle has been years in the making. Both sides of the aisle. I would like them all fired. Personally, I would rather see zero whining and complaining on here and more about where to stash excess cash (which I don't have much of), peoples top 3 mutual funds, and the like. I think people learn a lot from people on here regarding those things. The political stuff, not so much. And it is fun to set you guys off once in awhile.
  • @bartab: Well, sir, that's a bit more like it. I appreciate your taking the time to present your positions in some detail, rather than the typical hit-and-run tactics that you usually employ. I'm in agreement with much of what you say, and in a non-combative mode would like to explore a couple of things a little more deeply. Leaving "Obamacare" and it's many problems aside for the sake of sanity, I'd appreciate your input on the entire insurance question.

    Your observation "The fact that insurance is going up substantially next year, and every year, has been pretty well known for years. Nobody has done anything about it. Nobody." is certainly accurate.

    This is such a complex subject that I'm frankly incapable of analyzing it to the depth of someone like msf. So I'm going to limit the following questions strictly to two of the primary elements that drive insurance rates- the direct costs of medical care itself. First, I'm considering doctor costs, both primary and specialist, all laboratory testing costs, all hospitalization costs, and all follow-up costs such as rehabilitation or therapy. In other words, the entire package of "medical care". Second, there are of course drug costs.

    Since you are still alive due to significant expenditures in those two areas, I would be inclined to give a fair amount of weight to your opinions.

    We all know what the story is with respect to the ever-increasing costs of just those two factors alone. Ignoring for the moment any consideration of rip-off inherent to the insurance industry itself, it's obvious that insurance costs are going to continually increase to the extent that those two factors alone increase. Given that,

    1) Who is this "somebody" that has the expertise, judgement, and most importantly, the actual power to "do something about it"?

    2) What suggestions or alternatives do you believe would be helpful for this "somebody" to consider that would realistically help to significantly lower the costs we are considering?

    In other words, if you were the "insurance czar", what are the important things that you would do in just those two areas alone?

    And then there's this to chew on: You are fortunate enough to be able to handle those insurance costs. Thanks to a very good retirement insurance plan, coupled with Medicare, so am I. What are your thoughts on coverage for those not so fortunate as you and I?
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