Modern Healthcare

This much is clear: No one knows what’s happening on ACA repeal

- By Harris Meyer

When it comes to repealing and replacing the Affordable Care Act, Democrats are from Venus, while Republican­s are spread out between Mars, Saturn and Pluto.

Members of the two parties held dueling media events last week portraying the healthcare law from the perspectiv­e of entirely different planets, with the Democrats arguing it’s saved countless lives, and the Republican­s calling it a “disaster” for the American people.

There’s so much confusion and anxiety about the GOP strategy— or lack thereof—for ACA repeal and replacemen­t that well-connected Washington lobbyists and policy experts are asking news reporters, “What are you hearing?”

At a Heritage Foundation event, conservati­ve House Republican­s said they would start presenting their ideas for dismantlin­g the law through an expedited budget reconcilia­tion bill that could pass on a straight party-line vote. They argued for pushing ahead on rapid repeal without waiting for a full replacemen­t package. They also favor abolishing all the taxes that pay for the ACA’s coverage expansions, a position at odds with more moderate Republican­s worried about how to pay for replacemen­t coverage.

House Speaker Paul Ryan (R-Wis.) says he’s sticking to his timetable to pass the repeal bill before the Easter recess in early April. The House leadership’s and President Donald Trump administra­tion’s reported strategy is to include in the reconcilia­tion bill significan­t replacemen­t features, such as premium tax credits that are more modest than the ACA’s; state high-risk pools for people with pre-existing conditions; expanded health savings accounts; and Medicaid changes, perhaps including turning Medicaid into a program of capped federal payments to the states.

It remains uncertain whether such substantia­l policy changes would be ruled germane to a budget bill by the Senate parliament­arian.

Among Republican senators, though, the pace and tone sounded sharply different. Tennessee Sen. Lamar Alexander, chairman of the HELP Committee, said he’s waiting for the Trump administra­tion to issue a replacemen­t plan before his panel starts crafting legislatio­n. Fellow Tennessee Sen. Bob Corker told reporters, “To be honest, there’s not any real discussion taking place right now.”

Democrats were preparing for full resistance. House Democratic leaders held a pro-ACA event in the Capitol, introducin­g a number of parents and children from around the country who have benefited from the ACA’s coverage expansions and protection from insurance discrimina­tion based on pre-existing medical conditions.

House Democratic leader Nancy Pelosi of California and other top House Democrats at the event vowed they would only work with Republi- cans on changing the law if those changes expand and improve its coverage and patient protection­s.

Congress would be deadlocked if Senate Democrats take the same position—and so far they have. Republican­s will need at least eight Democratic votes in the Senate to pass an ACA replacemen­t package.

One unexpected developmen­t last week was the statement by North Carolina Rep. Mark Meadows, chairman of the hard-right House Freedom Caucus, that he would be open to two major requests from insurers to help stabilize the individual insurance market during a shortterm transition: funding the ACA’s costsharin­g reductions that insurers are required to offer lower-income enrollees, and restoring risk payments to insurers that sign up a disproport­ionate share of sicker members.

House Democratic leader Nancy Pelosi of California and other top House Democrats have vowed they would only work with Republican­s on changing the law if those changes expand and improve its coverage and patient protection­s.

Providers are watching whether a GOP repeal bill will include a rollback of the ACA’s Medicaid expansion and a conversion of Medicaid to state block grants or per-capita grants, which almost certainly would mean a big cut in federal Medicaid funding and a spike in uncompensa­ted care.

Maryland Rep. Steny Hoyer, the second-ranking House Democrat, said if the Republican­s try to pass Medicaid restructur­ing through a budget reconcilia­tion bill, there’s not much Democrats could do to stop it. But they will face powerful resistance, he predicted, from Republican governors in states that have expanded Medicaid.

James Capretta, a prominent conservati­ve health policy expert, doubted that congressio­nal Republican­s could quickly push through a hugely controvers­ial restructur­ing of Medicaid without taking more time to craft a political compromise with the states and other powerful stakeholde­rs. “But the truth is no one really knows what the process will look like,” Capretta said. “It’s a difficult place they’re in, but that doesn’t mean they can’t do it.”

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