The U.S. Department Health and Human Services (HHS) has taken the NAIC's counsel to not impose nominal cost sharing in Medicare Supplement insurance (Medigap) Parts C and F, HHS Secretary Kathleen Sebelius revealed in a letter to NAIC President Jim Donelon dated May 28.
"I value the NAIC's expertise on Medigap and other health insurance issues and the strong partnership between NAIC and the U.S. Department Health and Human Services. This partnership has been instrumental in the effective implementation of numerous provisions of the Affordable Care Act," Sebelius wrote.
She even added a hand-written post-script to Donelon in the letter, saying that it was good to spend some time with him in Washignton, D.C. They met here May 16.
The NAIC recommended against nominal cost sharing and did not revise the standard benefit packages for these model plans. "I accept the NAIC's recommendation pursuant to Section 3210 and appreciate the hard work and dedication that characterized the NAIC's review," wrote Sebelius, a former NAIC president herself.
The response left much time for review — the NAIC had written to Sebelius on Dec. 19, 2012, in a letter signed by NAIC leadership under then-president Kevin McCarty of Florida about its concerns with the standards for Plans C and F under Section 3210 of PPACA.
The NAIC, besides studying the issue, communicated caution with proceeding with nominal Medigap cost sharing because it could possibly delay treatments for people that really need it, making them worse off and causing higher costs down the road.
HHS had requested under PPACA that the NAIC review and revise the NAIC Medicare supplement insurance (Medigap) model regulation to include nominal cost sharing in Medigap Plans C and F to encourage the use of appropriate physicians' services under Medicare Part B.
Section 3210 directs the NAIC to base these revisions on evidence published in peer-reviewed journals or current examples used by integrated delivery systems.
"We were unable to find evidence in peer-reviewed studies or managed care practices that would be the basis of nominal cost sharing designed to encourage the use of appropriate physicians' services. Therefore, our recommendation is that no nominal cost sharing be introduced to Plans C and F. We hope that you will agree with this determination," the NAIC wrote in the Dec. 19 letter.
Sebelius, in fact, did agree.