Los Angeles Times

New rules back skimpy health plans

Patient advocates and insurers criticize the move by the Trump administra­tion.

- By Noam N. Levey noam.levey@latimes.com

WASHINGTON — The Trump administra­tion took another step Wednesday to loosen the regulation of health insurance, issuing new rules to expand the availabili­ty of short-term plans that don’t offer a full set of benefits.

The controvers­ial move — which threatens to further weaken a pillar of the Affordable Care Act — will allow consumers who buy skimpier short-term plans to keep the coverage for as long as three years, up from the current limit of three months.

The president and others in the administra­tion bill the less-comprehens­ive plans as a solution to escalating premiums facing some consumers who don’t get health coverage through an employer or a government health program such as Medicare or Medicaid.

“These plans aren’t for everyone, but they can provide a much more affordable option for millions of the forgotten men and women left out by the current system,” said Health and Human Services Secretary Alex Azar.

But scores of patient advocacy organizati­ons, leading physician and hospital groups, health insurers and many state regulators have vigorously opposed the administra­tion’s move, warning that skimpier plans, while possibly less costly, may not provide consumers with the coverage they need if they get sick.

Expanding short-term plans also risks driving up costs for Americans with preexistin­g medical conditions who need more comprehens­ive benefits.

A central goal of the 2010 healthcare law, often called Obamacare, was to guarantee coverage to Americans even if they were sick, and end the long-standing practice by health insurers of charging higher premiums to consumers with preexistin­g conditions. An important tool in assuring equal treatment for all consumers was mandating that health plans cover a basic set of benefits, including prescripti­on drugs, mental health services and maternity care.

Most patient advocates believe short-term plans undermine those key protection­s.

“Short-term plans … will not offer sufficient healthcare coverage for those living with a lung disease such as asthma, lung cancer or COPD [chronic obstructiv­e pulmonary disease],” warned American Lung Assn. National President Harold P. Wimmer. “This is a reckless course of action that will negatively impact the health of patients around the country.”

The criticism was echoed by America’s Health Insurance Plans, the industry’s Washington-based lobbying arm.

“We remain concerned that consumers who rely on short-term plans for an extended time period will face high medical bills when they need care that isn’t covered or exceed their coverage limits,” said Matt Eyles, the group’s president.

A Times analysis of official comments filed with federal agencies before the final regulation was issued found more than 98% — or 335 of 340 — of the healthcare groups that commented on the proposal criticized it, in many cases warning that the rule could gravely hurt sick patients.

A second Trump administra­tion proposal to make it easier for individual­s and small businesses to band together to form so-called associatio­n health plans — which also don’t have offer a full set of health benefits — was similarly panned.

More than 95% of the 279 healthcare groups that filed comments about the proposed associatio­n health plan regulation expressed serious concern or opposed it. Among the groups that have opposed the Trump administra­tion’s moves are virtually every leading patient advocacy organizati­on in the country, including the American Lung Assn., the American Heart Assn., the Cystic Fibrosis Foundation, the March of Dimes, the National Multiple Sclerosis Society, Susan G. Komen, AARP and the advocacy arm of the American Cancer Society.

The Trump administra­tion finalized the associatio­n health plan regulation last month.

Administra­tion officials appeared to give a nod to critics’ concerns that the short-term plans could leave consumers without critical protection­s.

The new regulation requires plans to more clearly alert consumers to limits on the coverage they provide, and appears to give states authority to restrict their availabili­ty.

State insurance regulators in many states, including California, Washington, Nevada, Minnesota, Massachuse­tts, Pennsylvan­ia and New Mexico, have expressed serious concerns about expanding short-term plans.

Several of these states, including California, are already suing the Trump administra­tion to roll back the new associatio­n health plan rule.

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