White House Touts State Advances in Implementing PPACA as CLASS-Killer Vote Proceeds

January 18, 2012 at 07:13 AM
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The Affordable Care Act had a full outing today in Washington.

Forty-four states are participating in the premium rate review system system and 28 states and the District of Columbia are on their way to establishing their own health insurance exchange, both major tenets of the health care reform act singed two years ago. The Obama Administration trumpeted the news today in a report a week before President Obama's final State if the Union this term, as House Republicans tried to kill the long term care element of the Act once and for all.

The health care exchanges are to be up and running in 2014 to offer to the public the same kinds of insurance choices members of Congress have. States have the authority to set the, up and run them through grant programs. 

Three rounds of establishment grants have been awarded. In addition to the 28 states on their way, additional states applied for exchange establishment grants in December, with awards to be made in February.

Rhode Island was the first state to receive a level two grant, which provides multi-year funding to states further along. The Department of Health and Human Services had announced a six-month extension for level one establishment grant applications, to June 29, 2012, from Dec. 30, 2011, and outlined in guidance further modifications, future guidance and new tweaks on various  other exchange deadlines and parameters.

The White House used testimonials from Democratic and Republican governors and state legislators in 10 states to provide a positive snapshot of progress.

Mississippi Commissioner of Insurance Mike Chaney was quoted in the White House report as saying last spring, for example, that a healthcare exchange is not a partisan political issue.

"Across this nation, Republicans and Democrats alike have embraced the concept of health exchanges as a way to help individuals and small businesses more easily obtain health insurance," Chaney stated.

Some have noted small businesses would welcome an exchange when given all the facts.

Still, health exchanges are snubbed in some states like Florida, Wisconsin and South Carolina, while the Act itself is itself challenged by 11 states. Many other aspects of the reform bill, such as the CLASS program and medical loss ratio requirements remain contentious, requiring regulators, legislators and the industry to scramble to adopt to the new health care regime as it takes hold over a period of time between now and 2014.

The U.S. Supreme Court is considering the constitutionality of PPACA. If the act survives, the exchanges are supposed to start distributing coverage Jan. 1, 2014. 

While the White House announced its health care exchange advances, however, a markup proceeded in the House Ways and Means Committee to vote to repeal the PPACA's floundering CLASS program commenced, under the stewardship of Republican leadership.

The "Fiscal Responsibility and Retirement Security Act of 2011," or H.R. 1173, was written expressly to repeal the Community Living Assistance Services and Supports (CLASS) long-term care insurance program provisions that were part of PPACA. The CLASS program has been considered stillborn since HHS Secretary Kathleen Sebelius appeared to stop work on it in October, when the HHS itself questioned the program's projected costs and sustainability. However, legislators maintain that the CLASS law needs to be repealed before long-term care can be addressed properly. 

In its next baseline budget projections, the Congressional Budget Office will assume that the program will not be implemented unless there are changes in law or other actions by the Administration that would supersede HHS's fall announcement saying there was no viable road forward for CLASS, the CBO wrote in its Director's blog.

"Beginning immediately, therefore, legislation to repeal the CLASS provisions in current law would be estimated as having no budgetary impact," the CBO blog stated last fall. 

The CLASS program had been scored by CBO as an $86 million federal budget savings over a 10 year period in the bill.

Ways and Means Ranking Member Sander Levin, D-Mich., said the emphasis should be on replacing, not repealing, the CLASS program because the need for LTC insurance is growing exponentially and the U.S. has so far failed. He said the effort must be bipartisan.

"We know that the national average cost of a private room in a nursing home is $70,000 per year and the average hourly rate for a home health aide is $25 per hour.  We know that private insurance pays for only about 7% of all spending on long-term care. We know that a third of federal and state spending on Medicaid – $111 billion in 2009 – is on long-term care and this represents almost half of all spending on long-term care," Levin stated. 

National Association of Insurance and Financial Advisors (NAIFA) President Robert Miller supported the Ways and Means vote to repeal the CLASS Act. "NAIFA supports the goal of achieving financial security to cover long-term care services. However, we believe there are better ways to help people plan for their long-term care needs, such as offering quality insurance products at people's places of employment," Miller stated. 

"The challenge that CLASS was created to address is not going away," Sebelius stated in her Oct. 14 letter to Congress that appeared to stall the program, with the statement  that a comprehensive CLASS "does not identify a benefit plan that I can certify as both actuarially sound for the next 75 years and consistent with the statutory requirements."

"By 2020, we know that an estimated 15 million Americans will need some kind of long-term care and fewer than three percent have a long-term care policy. These Americans are our family, our friends and our neighbors.  If they are to live productive and independent lives, we need to make sure that they have access to the long-term care supports that make that possible. 

We also know that left unaddressed, long-term care costs to taxpayers will only increase.  Without insurance coverage or the personal wealth to pay large sums in their later years, more Americans with disabilities will rely on Medicaid services once their assets are depleted, putting further strain on State and Federal budgets," Sebelius warned.

But not all think the repeal effort is time well spent. Jesse Slome, executive director of the American Association for Long-Term Care Insurance, considers the effort to be little more than political grandstanding.

"I don't understand why some members of Congress are wasting taxpayer money holding this markup when the CLASS Act was already removed and be resurrected." Slome said. "Wouldn't there time be better spent addressing workable solutions to address the nation's oncoming long-term financial crisis?"

Update: The Ways & Means Committee approved H.R. 1173 with a bipartisan vote of 23-13.

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