Houston Chronicle Sunday

Insurers worry about reform

Cost concerns arise over Senate health care bill’s lack of mandate

- By Tony Pugh

Premiums could jump 20 percent, according to some estimates.

WASHINGTON — Insurers are fretting about the Senate Republican bill to replace the Affordable Care Act because it would repeal the individual mandate but — unlike the House bill — not provide an incentive for people to retain coverage.

Abolishing the health care law’s mandate with no penalty for coverage lapses would destabiliz­e the individual insurance market by leading healthy people to drop their coverage, leaving insurance companies with sicker, more costly plan members in their enrollee risk pool.

As a result, premiums would increase as much as 20 percent, according to government estimates, making coverage unaffordab­le. And people with medical problems could game the system by enrolling only when they get sick.

“Particular­ly, if there’s something like, you know, you have to have knee surgery in April. And then sign up for coverage, get the surgery and then drop it,” said Katie Allen, executive director of the Council for Affordable Health Coverage.

To avoid that scenario, the House Republican repeal legislatio­n imposes a 30 percent surcharge on people who let their individual insurance lapse.

But Senate Repub-

licans didn’t include the surcharge in their legislatio­n because the provision conflicts with the Senate’s “Byrd Rule,” a parliament­ary rule that governs what can be included in a budget reconcilia­tion bill.

“While we recognize that the absence of these provisions may be due to concerns related to the Byrd Rule, it will be incumbent on Congress to offer a fix to this omission — either by revising the draft bill or passing separate, bipartisan legislatio­n,” said a statement from Joel White, president of the council, a coalition advocacy group that includes insurers and pro-business groups. ‘Do more harm’

The mandate, long the most unpopular provision of the Affordable Care Act, requires most people to have insurance coverage or pay a penalty.

Because the health law guarantees access to individual coverage for people with pre-existing conditions and bars insurers from charging sick people more for coverage, the individual mandate helps ensure that a mix of healthy and sick people are covered. That helps keep premium costs in check.

In a May letter to Senate Finance Committee Chairman Orrin Hatch, R-Utah, America’s Health Insurance Plans, the lobbying associatio­n for health insurers, said any legislatio­n that repeals the mandate “must include alternativ­es to incentiviz­e continuous coverage.”

Repealing the mandate without the incentives would cause premiums to increase 20 percent, the nonpartisa­n Congressio­nal Budget Office has estimated.

But the Congressio­nal Budget Office, known as the CBO, also found that the 30 percent surcharge is no magic bullet either, said Jeanne Lambrew, a senior fellow at liberal Century Foundation.

“The CBO estimated that the surcharge would do more harm to the risk pool because people who are sick and have high medical costs would be willing to pay the surcharge to get the needed coverage,” Lambrew said in a conference call with reporters on Friday. Mandate alternativ­es

Andy Slavitt, former acting administra­tor of the federal Centers for Medicare and Medicaid Services in the Obama administra­tion, said Republican­s “don’t have a good answer.”

“Maybe they will, over the next week, try to put something back in,” Slavitt said during the press call. “But I think we all ought to be very sober to the fact that there’s nothing really that can be done to fix the situation that they’re in right now.”

Not so, said Tara O’Neill Hayes, deputy director of health care policy at the conservati­ve American Action Forum.

In a blog post, Hayes outlines several options that Republican Senate aides could consider in place of the 30 percent surcharge. Those options include waiting periods to access insurance benefits for people who have let their coverage lapse.

“The individual would be required to begin paying monthly premiums, but coverage would not go into effect until the waiting period is over,” Hayes wrote. Insurers imposed similar waiting periods for individual coverage before the Affordable Care Act became law.

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