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How HHS’s Latest Proposed Regulation Would Improve Obamacare ⋆ Epeak . Independent news and blogs

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This morning, the Department of Health and Human Services (HHS) released a rule proposing several changes to Obamacare insurance offerings. The regulations are intended to help stabilize insurance markets and hopefully pave the way for a repeal and transition away from Obamacare.

Worth noting before discussing its specifics: The rule provides a period of notice-and-comment (albeit a shortened one) for individuals who wish to weigh in on its proposals. This decision to elicit feedback compares favorably to the Obama administration, which rushed out its 2018 Notice of Benefit and Payment Parameters without prior public comment during the “lame duck” post-election period. Because the Obama administration wanted that regulation to take effect before January 20—so President Trump could not withdraw the regulation upon taking office—HHS declined to allow the public an opportunity to weigh in before the rules went into effect.

Today’s proposed rule contains reforms designed to bring relief and stability to insurance markets:

  • A shortening of next year’s open enrollment period from three months to six weeks—a solution included in my report on ways the new administration can mitigate the effects of Obamacare. In theory, the rule could (and perhaps should) have proposed an even shorter open enrollment window, to prevent individuals from signing up after they develop health conditions.
  • A requirement for pre-enrollment verification of all special enrollment periods for people signing up on the federal exchange, healthcare.gov—again outlined in my report, and again to cut down on reports that individuals are signing up for coverage outside the annual open enrollment period, incurring costly expenses, then dropping coverage.
  • Permitting insurers to require individuals who have unpaid premium bills to pay their debts before enrolling in coverage—an attempt to stop the gaming of Obamacare’s 90-day “grace period” provision, which a sizable proportion of enrollees have used to avoid paying their premiums for up to three months.
  • Increasing the permitted range of actuarial value variation—also outlined in my report—to give insurers greater flexibility.
  • Additional flexibility on network adequacy requirements, both devolving enforcement to states and allowing insurers greater flexibility in those requirements. Some might find this change ironic—critics of Obamacare have complained about narrow physician networks, and this change will allow insurers to narrow them even further. Yet the problem with Obamacare and physician access is that insurers have been forced to narrow networks. The law’s new benefit mandates have made increasing deductibles, or cutting provider reimbursements, the only two realistic ways of controlling costs. Unless and until those statutory benefit requirements are repealed, those incentives will remain.

One key question is whether these changes by themselves will be enough to stabilize markets, and keep carriers offering coverage in 2018. Given that Aetna CEO Mark Bertolini this morning called Obamacare in a “death spiral,” and Humana announced yesterday it will exit all exchanges next year, that effect is not certain.

As my report last month outlined, the new administration can go further with regulatory relief for carriers, from further narrowing open enrollment, to reducing exchange user fees charged to insurers (and ultimately enrollees), to providing flexibility on medical loss ratio and essential benefits requirements, to withdrawing mandates to provide contraception coverage. All these changes would further improve the environment for insurers, and could induce more to remain in exchanges for 2018.

However, as my post this morning noted, the ultimate action lies with Congress. The Trump administration, and HHS under new Secretary Tom Price, have started to lay a foundation providing relief from Obamacare. Now it’s time for the legislature to take action, and deliver on their promise to the American people to repeal Obamacare.

Jacobs is founder and CEO of Juniper Research Group, a policy consulting firm based in Washington. He’s on Twitter @chrisjacobshc.

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