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Morning Briefing

Summaries of health policy coverage from major news organizations

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Friday, Mar 9 2018

Full Issue

Administration Rejects Idaho's Attempt To Skirt Health Law Rules, But Offers Another Path Forward

Idaho invited insurers to submit coverage plans that don't measure up to the health law's requirements. While CMS Administrator Seema Verma said the government has a duty to enforce and uphold the law, she also suggested that with slight modifications the coverage could be legally offered as a short-term plan.

The Trump administration rejected on Thursday Idaho鈥檚 plan to allow the sale of stripped-down, low-cost health insurance that violates the Affordable Care Act. The 2010 statute 鈥渞emains the law, and we have a duty to enforce and uphold the law,鈥 Seema Verma, the administrator of the federal Centers for Medicare and Medicaid Services, said in a letter to the governor of Idaho, C. L. Otter. (Pear, 3/8)

Otter, Cameron and Lt. Gov. Brad Little announced earlier this year that they would begin allowing insurers to offer plans that don't meet all of the act's regulations, such as by charging people more based on their health history, or by not covering some health needs like maternity care. In the letter, Verma said such a move would force the federal agency to enforce the provisions of the Affordable Care Act on behalf of the state. That could include pulling regulatory authority from the Idaho Department of Insurance and fining insurance companies $100 a day for every person they insure on a noncompliant plan. (Boone, 3/8)

In her letter to Idaho authorities, Verma said that 鈥渨ith certain modifications, these state-based plans could be legally offered鈥 as short-term plans. The White House has suggested to Congress that people should be able to renew short-term plans without being subject to medical underwriting, the process by which insurers can exclude or charge more for pre-existing conditions. (Tozzi, 3/8)

How the administration would respond to a rebel state鈥檚 attempt to create a parallel insurance universe for individual buyers has been widely considered a significant test of HHS Secretary Alex Azar in his initial weeks on the job. The issue calls on him to balance President Trump鈥檚 鈥 and his own 鈥 eagerness to free states and consumers from the ACA鈥檚 dictates with his avowed commitment to adhere to the law. (Goldstein, 3/8)

Idaho鈥檚 Department of Insurance said in January it would聽allow insurers in the state to begin offering products that left out some of the benefits mandated by the ACA for individual coverage. Insurers would be able to consider enrollees鈥 medical history in setting their premiums, a practice known as underwriting, which isn鈥檛 authorized under the ACA. New state-based plans also could include dollar limits on total benefit payouts, which the ACA banned. The eight-page letter from Ms. Verma to Idaho Gov. Butch Otter and Insurance Commissioner Doug Cameron outlines several provisions that the Trump administration sees as falling afoul of the federal law. (Radnofsky, 3/8)

Idaho's proposal would allow insurers to sell plans that charge people with pre-existing conditions more, which is barred by ObamaCare, and not cover all of the required health services under the health law. Idaho officials argued the move was necessary to provide cheaper plans to younger, healthier people. (Sullivan, 3/8)

ACA supporters and some health insurance groups were guardedly relieved by the CMS' decision because they feared other GOP-led states would launch programs similar to Idaho's. They warned that allowing the sale of leaner plans that could charge much higher rates for older and sicker beneficiaries would create two separate risk pools, driving up premiums for people with costly medical conditions and potentially forcing insurers out of that market. (Meyer and Luthi, 3/8)

Meanwhile, KHN takes a look at what HHS officials were up to this week聽鈥

Kaiser Health News: Podcast: KHN鈥檚 鈥榃hat The Health?鈥 HHS Leaders Take To The Stump

Three of the top officials of the Department of Health and Human Services 鈥 Secretary Alex Azar, Food and Drug Administration Commissioner Scott Gottlieb and Centers for Medicare & Medicaid Services Administrator Seema Verma 鈥 were out in force this week. All made major public appearances in an effort to reset the department鈥檚 agenda. In the wake of the failed congressional effort to 鈥渞epeal and replace鈥 the federal Affordable Care Act, the administration officials said they plan to focus on lowering the costs of health care and giving states and consumers more power. (3/8)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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