With insurance industry stakeholders on both sides of the issue, the fate of legislation scheduled to reach the Senate floor the week of May 1 that would create association health plans remains unclear.
Both supporters and detractors met with the media in an effort to generate public support for their position–and pressure members of the Senate to take their side.
The bill, S. 1955, the Health Insurance Marketplace Modernization and Affordability Act, passed the Senate Health, Education, Labor and Pensions Committee March 15 by an 11-9 vote.
The bill has strong support from the Bush administration and conservatives in Congress. A stronger bill calling for more federal pre-emption passed the House last year on a party-line vote.
Supporters of the Senate bill argue that although the insurer providing the AHP coverage would have to be licensed in every state in which it sold association coverage, it could offer an association a uniform benefits package that would not reflect variations in state benefits mandates.
But the bill, sponsored by Sen. Michael Enzi, R-Wyo., and Sen. Ben Nelson, D-Neb., has been facing strong opposition from insurers, state insurance regulators and many Democrats.
Beth Mantz Steindecker and Ira S. Loss of Washington Analysis issued a note to investors April 26 in which they said, "Although Senate Majority Leader Bill Frist, R-Tenn., has dubbed the first week of May 'Health Week,' we doubt that the Senate will pass legislation that would pave the way for associations of small businesses to band together to purchase health insurance or that would reform medical malpractice; although, if they were to pass, both bills would benefit health insurers."
The analysts added, "In previous years, despite passage in the House, these bills have failed to garner enough votes in the Senate due to opposition by Senate Democrats and moderate Republicans. This year is no different even though the Senate's proposed bills have been modified to attract greater support."
Insurance industry critics include many provider groups and such insurance groups as America's Health Insurance Plans, the Blue Cross and Blue Shield Association, Chicago, and the National Association of Insurance and Financial Advisors, Falls Church, Va.
State insurance regulators are divided on the bill, but the National Conference of Insurance Legislators issued a statement in March, as the bill passed a Senate committee, highly critical of the idea.
And one of Enzi's colleagues, Sen. Ron Wyden, D-Ore., predicted at a recent National Association of Health Underwriters conference that it is "unlikely the bill will become law." NAHU members support the bill.
That concern was acknowledged by Enzi April 26 as he joined Nelson and representatives of the National Federation of Independent Business, a trade group whose members are intensely lobbying the bill, in seeking to put pressure on resistant members of the Senate to support the bill.
The NFIB showed Enzi, Nelson and Sen. Conrad Burns, R-Mont., another supporter, petitions signed by members in all 50 states supporting S. 1955. NFIB officials said at the meeting they planned to present each member of the Senate with the petitions from their states last week.
Some 450,000 small business members signed the petitions, according to Todd Stottlemeyer, NFIB president and CEO.
"Access to affordable health care is the No. 1 concern of small business owners, so making small business health plans a reality is NFIB's top priority," Stottlemeyer said. "The Senate has a critical opportunity to make a real difference for small businesses, their employees and their families."
In his comments, Enzi said, "this petition goes to the heart of why the Senate should pass S. 1955 now: Working families, which make up the bedrock of our economy, have overwhelmingly issued a mandate for change."
Enzi said that "our health care system is pushing too many into the ranks of uninsured," estimating that perhaps 17 million small business employees don't have health care. "The strain of that burden is being felt by millions, and millions want the kind of relief our bill offers–regardless of their party affiliation."
In an interview, Nelson, a former governor and insurance regulator, said that "states are opposed to pre-emption–and in most cases I support them.
"But this issue has gotten away from us," he said. "While I am opposed to pre-emption, I don't want the best to be the enemy of the good."