Albuquerque Journal

Trump mulls health care bill options

President believes Obamacare will collapse, forcing Dem cooperatio­n

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The White House has long said there’s no second option after Friday’s failure to vote to repeal and replace Obamacare.

Yet President Donald Trump has previously mused about taking a different path: letting the health law collapse on its own and forcing Democrats to the table. And he returned to those remarks on Friday, saying, “We’ll end up with a truly great health care bill in the future after this mess known as Obamacare explodes.”

“It’s imploding and soon will explode and it’s not going to be pretty,” Trump said. “The Democrats don’t want to see that. So, they’re going to reach out when they’re ready.”

GOP leaders pulled their bill to repeal and replace Obamacare after it became clear they didn’t have the votes to pass it. There are several things the administra­tion and Tom Price, Trump’s Health and Human Services secretary, can do to help the law or undermine it at a critical juncture:

■ A crucial lawsuit. The House of Representa­tives is winning a suit it first filed against the Obama administra­tion over the so-called cost-sharing reduction payments, saying the administra­tion didn’t have the authority to pay them. Trump could choose to stop defending the suit, ending subsidies that go to about 7 million low-income people, potentiall­y pushing insurers out of the market.

■ The individual mandate. On Trump’s first day in office, he signed an executive order calling on federal agencies to minimize the health law’s burden. The Internal Revenue Service, in response, said it would use a light touch on enforcing the health law’s individual mandate, a key piece of Obamacare that requires people to sign up for health insurance or pay a fine.

■ No more ads? At the end of the 2017 enrollment period, the Trump administra­tion pulled some ads and other outreach, potentiall­y underminin­g sign-ups. One big question is how much the Trump administra­tion will encourage people to sign up for next year. On Friday, two Democratic senators said HHS’s inspector general was looking into the decision to halt the outreach.

■ Market regulation­s. HHS has proposed a set of rules to make the ACA’s markets more favorable to insurers, hoping that more will stick around if they can make money. Some of them could reduce the number of people taking advantage of loopholes in the ACA, potentiall­y lowering premiums for the rest.

■ Political muscle. President Barack Obama and his administra­tion worked to persuade insurers to stay in Obamacare. The Trump administra­tion could be less forceful when insurers decide to drop out, leaving some regions without competitio­n.

Matt Lloyd, an HHS spokesman, didn’t respond to a request for comment on Friday about how the agency will approach the health law. Sylvia Burwell, the department’s secretary under Obama, said there are “important steps that the administra­tion can take to promote competitio­n and affordabil­ity in the marketplac­e as well as maintain the quality improvemen­ts that millions of Americans have experience­d.”

It’s not clear that House Republican­s will be in any mood to help out the health law or its customers, either. House Speaker Paul Ryan, R-Wisconsin, said Friday that the health law was collapsing and that Republican­s were doing its crafter a favor by working to repeal it.

In some states, Obamacare’s individual markets are chugging along, with several insurers offering coverage. In others, insurers have pulled out, leaving consumers with just one choice, or potentiall­y none at all, as in some parts of Tennessee. Oklahoma’s insurance regulator warned on Friday that his state’s lone carrier was threatenin­g to pull out. And premiums also vary significan­tly by market.

“A market can be going in fits and starts, and not be in a death spiral,” said Craig Garthwaite, a professor at Northweste­rn University’s Kellogg School of Management. “What I fear is we’re going to see more attempts to actively sabotage the market.”

Health insurers have asked for a few steps to stabilize the market ahead of 2018.

“For the past 18 months we had been looking at a few key items that had been necessary for stabilizin­g the individual market for 2018 and those things remain our priorities,” said Kristine Grow, a spokeswoma­n for America’s Health Insurance Plans, the industry’s main lobbying group.

Some of the changes include continuing the cost-sharing subsidies, eliminatin­g the ACA’s tax on health insurers, and providing some supplement­al funding to stabilize the ACA’s risk pools.

Robert Laszewski, an insurance industry consultant, said he would advise insurers to approach the market cautiously, given the administra­tion’s statements.

“I would be as conservati­ve as possible,” he wrote in an email. “My advice is that with the party in power betting on a collapse, no insurer should be bet their surplus account on untrustwor­thy and inept politician­s. Simple as that. Batten down the hatches.”

Although Friday’s repeal attempt failed, Republican­s are still in control of the law’s fate, said Seth Chandler, a visiting scholar at George Mason University’s Mercatus Center.

“I don’t know that Obamacare will collapse everywhere if left to its own devices, but I do think it’s fair to say it’s in serious trouble,” Chandler said. “The Trump administra­tion is going to have to choose where on the spectrum it wants to fall in terms of keeping the Affordable Care Act afloat.”

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