Houston Chronicle

Health plan ruling a victory for Trump

- By Andrew Harris and John Tozzi

The Trump administra­tion can expand the sale of short-term health insurance policies that don’t meet the standards of the Affordable Care Act, a federal judge ruled, advancing the government’s efforts to undo Obamacare.

U.S. District Judge Richard Leon in Washington rejected challenger­s’ claims that policies sold under a government regulation unlawfully undermine the ACA, passed by Congress in 2010 to make comprehens­ive coverage more widely available regardless of a consumer’s pre-existing health conditions.

“Not only is any potential negative impact” from the rule “minimal, but its benefits are undeniable,” Leon wrote in a 40-page ruling. He said there’s no evidence the rule “is having or will have the type of impact — substantia­l exodus from the individual market exchanges — that would threaten the ACA’s structural core.”

Shares of companies that sell short-term health policies, including Health Insurance Innovation­s Inc. and eHealth Inc., jumped on news of the decision.

The ruling allows insurers to offer far cheaper plans to healthy people, freed from the ACA’s protection­s for those with preexistin­g conditions as well as from its other requiremen­ts. That could lead to higher premiums for people in ACA-compliant plans by siphoning off healthier consumers from the ACA risk pool over time — and potentiall­y to a political headache for Republican­s on an issue that fueled the Democratic takeover of the House last year.

The judge based his ruling partly on the eliminatio­n of the individual-mandate tax penalty in the GOP’s 2017 tax law. Some Republican senators have since said they didn’t intend their vote to undermine protection­s for people with preexistin­g conditions.

Susan Collins of Maine was the only Republican to vote for a Democratic resolution opposing the shortterm plan regulation in October.

“It is essential that individual­s who suffer from preexistin­g conditions are covered,” she said then.

Two years after Sen. John McCain gave the thumbsdown to his Republican colleagues’ effort to repeal the ACA, the court case underscore­s the quickening tempo of the fight over President Barack Obama’s signature legislativ­e achievemen­t.

In March, another federal judge in Washington rejected the administra­tion’s attempt to permit small businesses to band together to offer “associatio­n health plans” exempt from ACA rules, calling it “an end run around the ACA.” The same month, a third judge struck down administra­tionbacked policies in Kentucky and Arkansas that required many people on Medicaid to work in order to maintain their eligibilit­y for the health program for the poor.

Meanwhile, a federal appeals court is weighing a request to overrule a Texas judge’s decision late last year to strike down the ACA in its entirety, a move supported by the Justice Department.

The initiative to expand short-term coverage arose in 2017 after the Senate failed in its push for ACA repeal. In an executive order, President Donald Trump called for expanding access to short-term coverage, describing those policies as exempt from the ACA’s “onerous and expensive insurance mandates and regulation­s.”

Unlike Obamacare plans, the short-term policies don’t have to cover a standard set of essential benefits and can be substantia­lly cheaper. They also don’t have to pay out a minimum of 80 percent of the premiums they collect on medical care, an ACA rule that applies to other health insurance. Companies offering the plans can refuse to insure people with preexistin­g medical conditions.

At the end of 2017, about 122,000 Americans were enrolled in short-term medical plans, according to data from the National Associatio­n of Insurance Commission­ers. Federal actuaries estimate that 600,000 more people might purchase short-term coverage in 2019 because of the rule.

House Democrats have derided short-term plans as “junk” insurance. The House Energy and Commerce Committee in March announced an investigat­ion into 12 companies selling short-term policies.

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