The Denver Post

Insurers seek stability as U.S. asks delay in cost-sharing suit

- By Ricardo Alonso-Zaldivar

washington» Uncertaint­y over the future of health care for millions grew deeper Monday as insurers released a blueprint for stabilizin­g wobbly markets and the Trump administra­tion left in limbo the fate of billions of dollars in federal payments.

At the federal courthouse, the administra­tion and House Republican­s asked appeals judges for a 90-day extension in a case that involves federal payments to reduce deductible­s and copayments for people with modest incomes who buy their own policies. The $7 billion in “cost-sharing subsidies” remains under a cloud as insurers finalize their premium requests for next year.

In requesting the extension, lawyers for the Trump administra­tion and the House said the parties are continuing to work on measures, “including potential legislativ­e action,” to resolve the issue and make judicial action unnecessar­y.

Requests for extensions are usually granted.

Hours before the filing, a major insurer group released a framework for market stability that relies in part on a continuati­on of such subsidies.

The BlueCross BlueShield Associatio­n represents plans that are the backbone of insurance markets under the Affordable Care Act, or ACA, and would also be the mainstay with a Republican approach.

As the GOP-led Congress works on rolling back major parts of the Obama law, the BlueCross BlueShield plan called for:

• Continued protection­s for people with pre-existing medical conditions and sustained federal funding to offset the cost of care for the sickest patients.

• More leeway for states to experiment with health insurance benefits, with a basic floor of federal standards.

• Preserving ACA consumer safeguards including no lifetime caps on benefits, no higher premium for women based on gender, and a requiremen­t that insurers spend a minimum of 80 cents of every premium dollar on medical care.

• Penalties such as waiting periods and higher premiums for people who fail to maintain their coverage. Republican­s want to repeal the Obama-era tax penalties on uninsured people deemed able to afford coverage.

• Significan­t federal funding to subsidize premiums and out-of-pocket costs.

“There needs to be sustained federal funding,” said Justine Handelman, policy chief for the insurer group. “It’s critical to ensuring overall affordabil­ity.”

About 20 million Americans purchase individual health insurance policies, with more than half using the ACA’s markets, which offer income-based subsidies for premiums and out-of-pocket costs.

Without the cost-sharing subsidies, experts say, premiums could jump about 20 percent in 2018. Another round of sharp premium increases and insurer exits seems possible.

The cost-sharing money is embroiled in a lawsuit originally filed by House Republican­s. Democrats call the whole thing a cynical ploy.

The case is on appeal after a lower court ruled that the government lacks constituti­onal authority to make the payments because Congress failed to specifical­ly approve them in the Obama-era health overhaul legislatio­n.

Both the Obama and Trump administra­tions have kept making monthly payments while the case is pending.

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