IFEBP survey: More than 75% of sectors will provide health coverage in 2014

By Marli D. Riggs
July 2, 2012
Source: https://eba.benefitnews.com

Despite the differing reactions among U.S. business sectors to last week’s Patient Protection and Affordable Care Act Supreme Court ruling, 77% of surveyed organizations are very likely to provide health coverage in 2014, according to a recent survey by the International Foundation of Employee Benefits Plans.Following the Supreme Court’s decision, almost half (49%) of the organizations are shifting their attention to wellness, while 32% are focusing on consumer-driven health plans, 27% will shift costs to employees and 26% will focus on value-based health care, according to The Supreme Court ACA Decision Reaction Survey.

“We’re not surprised by these findings since our recent wellness survey told us that seven in 10 U.S. employers offer wellness programs,” says Paul Hackleman, IFEBP’s health care and public employer analyst.

Overall, the results were split when respondents identified which Supreme Court decision would have been most beneficial to their organization.  The data showed that 46% felt the best possible decision for their organization would have been PPACA being thrown out, while 41% said the best decision was the law being upheld. Another 12% of organizations would have liked the individual mandate overturned, but the remainder of the health care law to stay intact.

Most organizations have been keeping current with the legislative aspects of PPACA and some are already prepared for provisions in the future. Of the respondents 78% are extremely or very far along in terms of complying with current PPACA provisions, while 60% are extremely or very far along with preparing for future provisions.

Further, organizations in states that have already implemented health care exchanges are generally more satisfied with the Court’s decision (47% to 35% of respondents in states that haven’t implemented), and are more prepared with current provisions (47% to 36%) and more likely to continue coverage in 2014 (56% to 42%).

The survey was administered on June 28 to measure organizations’ reactions to the landmark decision. Responses were received from 1,122 plan administrators, trustees and organizational representatives.

 


Businesses won't wait for elections before implementing health law

By Sam Baker
July 9, 2012
Source: thehilll.com/blogs/healthwatch

Most businesses waited for the Supreme Court before making plans to comply with President Obama’s healthcare law — but most aren’t waiting for November to see whether the law might be repealed.

A new survey from the consulting firm Mercer found that most businesses have not begun planning for requirements that will take effect in 2014, including the mandate requiring employers to provide health benefits to most workers.

Businesses said they were holding off on implementation until they knew whether the Supreme Court would strike down the healthcare law — the same approach many Republican governors have taken. But now that the court has upheld the law, only 16 percent of the employers in Mercer’s survey said they plan to wait for November and the prospect of legislative repeal.

Mercer surveyed 4,000 businesses immediately following the high court’s decision.

The National Federation of Independent Business (NFIB), the country’s largest small-business organization, joined 26 state attorneys general in filing the legal challenge to the Affordable Care Act. Republicans consistently argue that the law will burden small employers and stifle new hiring.

But only 28 percent of the employers in Mercer’s survey said the new employer mandate will pose a “significant challenge.” The law requires many businesses to offer healthcare coverage or pay a penalty for all workers who buy coverage on their own, with help from the federal government.

“Employers with large part-time populations, such as retailers and healthcare organizations, are faced with the difficult choice of either increasing the number of employees eligible for coverage or changing their workforce strategy so that employees work fewer hours,” said David Rahill, president of Mercer’s Health and Benefits business.


How US health care reform will affect employee benefits

Shubham Singhal, Jeris Stueland, and Drew Ungerman
Source: Healthcare Systems and Services Practice

US health care reform sets in motion the largest change in employer-provided health benefits in the post–World War II era. While the pace and timing are difficult to predict, McKinsey research points to a radical restructuring of employer-sponsored health benefits following the 2010 passage of the Affordable Care Act.

Many of the law’s relevant provisions take effect in 2014. Our research suggests that when employers become more aware of the new economic and social incentives embedded in the law and of the option to restructure benefits beyond dropping or keeping them, many will make dramatic changes. The Congressional Budget Office has estimated that only about 7 percent of employees currently covered by employer-sponsored insurance (ESI) will have to switch to subsidized-exchange policies in 2014. However, our early-2011 survey of more than 1,300 employers across industries, geographies, and employer sizes, as well as other proprietary research, found that reform will provoke a much greater response. See more information about the survey methodology.

  • Overall, 30 percent of employers will definitely or probably stop offering ESI in the years after 2014.
  • Among employers with a high awareness of reform, this proportion increases to more than 50 percent, and upward of 60 percent will pursue some alternative to traditional ESI.
  • At least 30 percent of employers would gain economically from dropping coverage even if they completely compensated employees for the change through other benefit offerings or higher salaries.
  • Contrary to what many employers assume, more than 85 percent of employees would remain at their jobs even if their employer stopped offering ESI, although about 60 percent would expect increased compensation.

In this new world, employers must quickly examine the implications of health care reform on their benefit and workforce strategies, as well as the opportunities and risks that reform generates. Of course, the type and extent of the changes employers make will vary by industry, collective-bargaining agreements, and other constraints. Most employers, however, will find value-creating options between the extremes of completely dropping employee health coverage and making no changes to the current offering. Even employers that intend to provide benefits similar to those they currently offer can take no-regrets moves, like tailoring plans to maximize what their employees will value most about ESI after 2014. Employers pursuing more radical changes will have to rethink benefit packages for higher-income employees.

And all employers must continue to keep in mind their employees’ health and wellness needs, even as insurance coverage levels evolve. To serve employers, insurers must retool their business models to provide more consultative support during the transition and develop innovative approaches to support employers’ new benefit strategies (see sidebar “Implications for health insurers”). For employers and insurers, success after 2014 will require a better understanding of employee and employer segments, and the development of the right capabilities and partnerships to manage the transition.

A transformed employer market

Health care reform fundamentally alters the social contract inherent in employer-sponsored medical benefits and how employees value health insurance as a form of compensation. The new law guarantees the right to health insurance regardless of an individual’s medical status. In doing so, it minimizes the moral obligation employers may feel to cover the sickest employees, who would otherwise be denied coverage in today’s individual health insurance market. Reform preserves the corporate tax advantages associated with offering health benefits—except for high-premium “Cadillac” insurance plans.

Starting in 2014, people who are not offered affordable health insurance coverage by their employers will receive income-indexed premium and out-of-pocket cost-sharing subsidies. The highest subsidies will be offered to the lowest-income workers. That reduces the social-equity advantage of employer-sponsored insurance, by enabling these workers to obtain coverage they could not afford on today’s individual market. It also significantly increases the availability of substitutes for employer coverage. As a result, whether to offer ESI after 2014 becomes mostly a business decision. Employers will have to balance the need to remain attractive to talented workers with the net economics of providing benefits—taking into consideration all the penalties and tax advantages of offering or not offering any given level of coverage.

What the law says

Health care reform imposes several new requirements on employer health benefits. Some changes will be incremental; for example, annual and lifetime limits on care must be eliminated, and coverage must be offered to dependents through age 26. Plans with premiums above certain levels will be subject to a so-called Cadillac tax.1

Other requirements are game changing and could prompt employers to completely reconsider what benefits they offer to employees. Reform requires all employers with more than 50 employees to offer health benefits to every full-timer or to pay a penalty of $2,000 per worker (less the first 30). The benefits must provide a reasonable level of health coverage, and (except for grandfathered plans) employers will no longer be able to offer better benefits to their highly compensated executives than to their hourly employees. These requirements will increase medical costs for many companies. It’s important to note that the penalty for not offering coverage is set significantly below these costs.

Reform also offers options for workers to obtain affordable insurance outside the workplace. Individuals who are unemployed or whose employers do not offer affordable health coverage, and whose household incomes are less than 400 percent of the federal poverty level,2 are eligible for subsidies toward policies they will be able to purchase on newly created state insurance exchanges. These will offer individual and family policies of set benefit levels (bronze, silver, gold, and platinum) from a variety of payers.

The subsidies will cap the amount lower- and middle-income individuals and families will have to spend on health coverage, to 9.5 percent of household income for those at 400 percent of the federal poverty level and less for those at lower income levels. The subsidies will keep the cost of insurance coverage from the exchanges below what many employees now pay toward employer-sponsored coverage, especially for those whose earnings are less than 200 percent of the federal poverty level.

A bigger effect than expected

As we have seen, a Congressional Budget Office report estimated that only 9 million to 10 million people, or about 7 percent of employees, currently covered by ESI would have to switch to subsidized exchange policies in 2014. Most surveys of employers likewise show relatively low interest in shifting employees from traditional ESI.

Our survey found, however, that 45 to 50 percent of employers say they will definitely or probably pursue alternatives to ESI in the years after 2014. Those alternatives include dropping coverage, offering it through a defined-contribution model, or in effect offering it only to certain employees. More than 30 percent of employers overall, and 28 percent of large ones, say they will definitely or probably drop coverage after 2014.

Our survey shows significantly more interest in alternatives to ESI than other sources do, for several reasons. Interest in these alternatives rises with increasing awareness of reform, and our survey educated respondents about its implications for their companies and employees before they were asked about post-2014 strategies. The propensity of employers to make big changes to ESI increases with awareness largely because shifting away will be economically rational not only for many of them but also for their lower-income employees, given the law’s incentives.

We also asked respondents questions about their philosophy and decision-making process for benefits: the current rationale for providing them, which employee group is considered most when decisions are made about them, their importance in the respondent’s industry, and geography. These questions prompted the respondents to consider all the factors that will influence their post-2014 decisions. Finally, we tested options beyond dropping coverage outright. These alternatives will probably be the most effective ones for delivering a reasonable return on a company’s investment in benefit programs after 2014. We would therefore expect to see a level of interest higher than that generated by surveys asking only about plans to keep or drop ESI.

Estimating the employer impact

As employers consider their post-2014 options, they should take a dynamic view by considering how competitors for talent—other employers—and their own employees will react. Many employers will be shifting from ESI; it is unlikely that only one company in an industry or geography will move away from it.

ESI might also be less valuable than most employers assume. Among employers not likely to drop ESI, three of the top five reasons given (and two of the top three) were concerns about talent attraction, employee satisfaction, and productivity. Among employees, however, McKinsey consumer research found that more than 85 percent—and almost 90 percent of higher-income ones—say they would remain with an employer that dropped ESI. Overall, employees value cash compensation several times more than health coverage. Further, many younger employees also value career-development opportunities and work–life balance more than health benefits.

Making employees whole

To make up for lost medical insurance, most employers that drop ESI will increase employee compensation in other ways, such as salary and other benefits like vacation time, retirement, or health-management programs. Employees think this will happen: 60 percent say they would expect employers to increase compensation if health benefits were dropped, our consumer research shows. Employers will do so to remain competitive for talent. In addition, ensuring some level of employee health, through higher investment in wellness programs or another mechanism, helps to maintain the productivity of workers.

Our research found that even with conservatively low assumptions about eligibility for employee subsidies, at least 30 percent of employers would benefit economically by dropping health coverage even if they make employees 100 percent whole. Employers could do so by paying sufficient additional compensation to help employees purchase coverage with no other out-of-pocket expense (less subsidies for employees with household incomes below 400 percent of the federal poverty level), the additional individual income and payroll taxes levied on the increased compensation, and the $2,000 government penalty.

But we believe that employers will not have to provide 100 percent of the value of the lost insurance. If so, even more employers will benefit economically. In the course of our research, we interviewed executives at Liazon, a defined-contribution-benefit company. They have found that when employees are shifted from coverage selected by their employer to a defined-contribution plan (under which the employer provides a fixed dollar amount and the employee can choose how to allocate it among a variety of benefit options), about 70 percent of employees choose a less expensive health plan.

Higher-income employees, who won’t receive subsidies and would have to pay the entire cost of individual coverage out of pocket, will have a greater need to be made whole. These higher-income employees, however, are also more likely to be satisfied with partial compensation or with tax-advantaged forms of compensation, such as retirement benefits.

The need to make employees whole will decrease over time. Subsidies will be awarded to keep premiums below a fixed percentage of an individual’s household income. As long as income continues to rise at a rate lower than that of medical inflation, even employees who initially have to pay more out of pocket toward an exchange policy than they would toward ESI will have less of a difference to make up each year, and the employer will have to provide less to make employees whole.3

This development should not suggest, however, that employers considering the elimination of ESI are focused exclusively on the bottom line, at the expense of their employees. In fact, because of the subsidies, many low-income employees will be able to obtain better health coverage, for less out of pocket, on an exchange than from their employer.

In fact, employers indicating that they will definitely or probably drop (or otherwise shift from) ESI post-2014 are more likely to consider the impact on low-income workers (as opposed to other groups of employees) when making benefit decisions and two to three times more likely to view benefits as important to attracting talent in their industry and geography. These employers are considering shifting from ESI not because they don’t care about their employees but because they recognize that, after 2014, ESI may not be the most efficient way to provide health coverage (see sidebar “The range of coverage options for employers”).

Getting ready for the new world

To prepare for 2014, employers should explore the economics of benefits after reform, maximize the return on investment (ROI) of benefit packages, design them for higher-income employees, and satisfy the health and wellness needs of the whole workforce.

Explore the economics of postreform benefits

Employers must understand, at the microsegment level, the eligibility of employees for subsidies under different scenarios—for example, when the employer provides no coverage at all, coverage defined as “unaffordable” (at a premium above 9.5 percent of the household income) for some employees, or coverage above the Cadillac-plan threshold. Companies must determine the cost of making employees whole, using market research tools to find out how much they value ESI, cash compensation for it, and a variety of other benefits. The importance for workers of a given benefit may not correlate directly with its tax-adjusted cost to the employer.

Maximize the ROI of the benefit package

The discussion to date has largely focused on dropping versus keeping coverage, but for most employers the most value-creating options lie in between. Employers should evaluate the economic impact not only of expanding ESI to every employee (compared with dropping it completely) but also of shifting toward part-time labor, allowing lower-wage employees to qualify for exchange subsidies through setting premiums above 9.5 percent of their household income, or adopting defined-contribution models. These intermediate options will probably be the most effective way to secure a reasonable ROI for benefits after 2014, because they enable employers to provide the best possible result for each segment of employees—ESI for higher-income ones not eligible for subsidies, as well as affordable coverage from a subsidized exchange for lower-income workers.

Even employers that continue to offer ESI—and many will, especially in heavily unionized industries where flexibility may be limited—could make no-regrets moves to maximize the ROI of benefits after 2014. Market research tools could be used to determine the preferences of employees, so that the benefit plan emphasizes what they value most while minimizing other features. Other strategies would involve designing plans and enrollment features to reduce costs, pricing plans to promote responsible use, and ensuring that wellness spending produces a positive return. Retiree medical benefits could be shifted from traditional ESI toward Medicare (the federal government’s health care program for those 65 and older) and Medicare Advantage (the private-sector version of the government plan).

Design benefit packages for higher-income employees

Because lower-income employees will be eligible for exchange subsidies if their employers don’t offer them affordable health coverage, we expect that ESI will shift toward higher-income employees. This group will have more demanding expectations for service levels and convenience, as well as different attitudes toward benefits covered.

Employers should tailor their ESI offering to include navigation tools that make it easier to identify and get appointments with high-quality health care providers and fast access to well-informed people for assistance with billing or coverage issues. These services could be provided through partnerships with enterprises that specialize in explaining medical bills and pricing. Higher-income employees may also value preferred-access or other enhanced-care physician services more than a traditional Cadillac ESI plan. These alternative benefits may be more cost effective for employers once the Cadillac tax comes into effect, in 2018.

Satisfy employee health and wellness needs

Even for an employer that drops ESI for all or some employees, maintaining their health, productivity, and satisfaction will continue to be important. Employers could not only expand or refine wellness programs to focus on elements that have a substantive, positive, and documentable impact on employee health and satisfaction but also provide the right incentives to encourage participation. In addition, employers could establish clinics at work sites, or partnerships with local providers or pharmacies so that employees can easily and affordably receive preventative care, such as flu shots or annual physicals. Another way to keep employees satisfied and avoid disrupting their lives would be to partner with a broker or another enterprise that helps them understand their benefit options and enroll for coverage on insurance exchanges.

Employers should recognize that as the ESI market changes after 2014, the system will react dynamically. If many companies drop health insurance coverage, the government could increase the employer penalty or raise taxes. Employers will need to be aware of actions by participants at any point along the health care value chain and prepare to adapt quickly.

Whether your company is poised to shift from employer-sponsored insurance or will continue to offer the same benefit package it does now, health care reform will change the economics of your workforce and benefits, as well as how your employees value coverage. Understanding these changes at a granular level will enable your company to gain or defend a competitive advantage in the increasingly dynamic market for talent.


Behavioral health costs account for 6% of health plan spending

Source: eba.benefitnews.com
By Lisa Gillespie

Behavioral health, including depression and stress, is an increasing area of concern to employers, according to the Disability Management Employer Coalition 2012 Behavioral Risk Survey of small, mid-sized and large companies. The concerns and costs — including direct medical expenses, lost productivity, workers' compensation and disability payments — are made more challenging due to the uncertain future of the Patient Protection and Affordable Care Act.

The survey found that direct costs of mental health care represent around 6% of overall health care costs and nearly 30% of young adults (those aged 18 to 25) were estimated to have had a diagnosable disorder, which is more than any other age group. The estimates for adults between the ages of 26 and 49, and those 50 and over were 22.1% and 14.3%, respectively.

Overall, 11.4 million U.S. adults — about 5% of the adult population — have a disorder that greatly impairs their ability to function in daily life. According to the DMEC survey, 47.7% of respondents believe behavioral risk is an important emerging area of concern. Forty percent include a behavioral component in their integrated or coordinated disability/absence management program.

The survey indicates adoption of behavioral health programs could be impacted by the uncertainty surrounding health care reform. Under PPACA, individual and small group insurance plans will most likely be required to offer parity in behavioral health benefits.

With 78.3% of respondents noting that their behavioral health component is a "carve-in" and is attached to their health plan, they may be reluctant to add/develop programs such as behavioral health if they have to "carve it back out" due to the potential for increasing health insurance costs and the uncertainty associated with the legality of PPACA.

Behavioral health conditions are among the most widespread, damaging and yet preventable illnesses from which people suffer,” says Marcia Carruthers, CEO of DMEC. "It is heartening that awareness of behavioral health and its costs to employees, employers and the entire health care system continues to grow. Employers need legal and regulatory certainty to enable them to effectively manage and reduce these costs."


Both sides poised for healthcare ruling

Source: thehill.com/blogs/healthwatch
By Sam Baker

Lawmakers and interest groups don’t know how the Supreme Court will rule on President Obama’s healthcare law, but they’re ready to respond as soon as the decision is released.

The court is expected to issue its decision shortly after 10 a.m. Thursday. Once the ruling is announced, the courthouse steps and the Capitol, just across the street, will become circuses of spin.

House Republicans will likely hold multiple press conferences throughout the day. The party leadership will likely want to address the ruling, especially if the court strikes down all or part of the law.

The GOP’s Doctors’ Caucus is also planning a news conference Thursday afternoon. And Rep. Michele Bachmann (R-Minn.) reportedly reserved space outside the Capitol to hold her own event.

President Obama is scheduled to be in meetings at the White House all day Thursday. A White House spokesman would not say whether he will have any public comments in the wake of the court’s ruling on his signature domestic achievement.

A spokeswoman for Mitt Romney’s presidential campaign did not respond to a question about Romney’s schedule Thursday.

The healthcare case has greater short-term political implications than any case since Bush v. Gore, which decided the 2000 presidential election.

A victory at the Supreme Court would be an enormous boon to either side, yet pundits and strategists from both parties have also suggested that the losing side might gain a political upper hand by using the decision to rally its base.

Speaker John Boehner (R-Ohio), however, warned his caucus last week not to “spike the football” if the court strikes down the healthcare law. Excessive celebration could detract from the party’s focus on the economy, he said.

Rep. Tom Price (R-Ga.), a physician, said focusing on healthcare as an issue doesn’t have to cross the line into cheering the demise of the Affordable Care Act (ACA).

“The reason this isn’t a cause for celebration is that the status quo is unacceptable,” Price told The Hill in an interview.

Even if the court upholds the ACA, Republican leaders plan to press ahead with another vote to repeal the law.

Sen. John Thune (R-S.D.) said at a press conference Tuesday that if the court leaves any of the law standing, Republicans will try to repeal it and replace it with “step-by-step reforms” of their own.

A Senate Republican leadership aide would not provide specifics about the party’s plans following Thursday’s decision or say whether Minority Leader Mitch McConnell (R-Ky.) has delivered the same message as Boehner about “spiking the football.”

Democrats, meanwhile, aren’t especially thrilled that the decision will come just before the weeklong July 4 recess — meaning healthcare will dominate the headlines following Thursday’s ruling and will then be back in the news once Congress returns and House Republicans move on to their repeal vote.

“If we were here, then we could then move rapidly to get something on the agenda, something in the hopper, to respond to this in a way that the American people would understand that we’re going to move ahead on this,” said Sen. Tom Harkin (D-Iowa), the chairman of the Health, Education, Labor and Pensions Committee.

Harkin and his staff have been working on contingency plans in case the court strikes all or part of the law, but they will have to hold on to those options until after the July 4 holiday.

“As it is, we have these 10 days off,” he said. “I’m just wondering if the politically motivated Supreme Court didn’t plan it that way.”

Democrats will still get in on the initial reaction, however.

Reps. Raúl Grijalva (D-Ariz.) and Keith Ellison (D-Minn.), the leaders of the House Progressive Caucus, are planning a rally just outside the Supreme Court immediately following the decision.

The plaza outside the court has been slowly filling with protesters and interested onlookers as the healthcare ruling draws nearer. Although protests Thursday aren’t expected to rival the sea of activism that surrounded the court during oral arguments, protesters had amassed a respectable presence Monday amid the crush of TV crews camped out in front of the court.

 


Four Scenarios for Thursday’s Ruling on Health Care

Source: blogs.wsj.com/washwire
By Brent Kendall and Peter Landers

WASHINGTON–The Supreme Court’s eagerly awaited ruling on the 2010 federal health-care law is expected on Thursday, when the court will announce its final opinions of the term.

The high court announced two decisions on Monday. Three more, including the health-care case, remain pending.

Chief Justice John Roberts announced from the bench that Thursday will be the court’s final session before it takes a summer break. The chief justice said all remaining opinions will be announced then.

On the health care law, here are the most likely four scenarios on how the court could rule, as first laid out by Law Blog last week, shown in order of how much of the law would be struck down:

Scenario #1: The entire law is upheld.

The high court may conclude—as the majority of lower courts did—that Congress was acting within its powers under the Constitution when it required most Americans to carry health insurance or pay a penalty. That provision was at the center of the two-year legal battle, and if it survives, the rest of the law is likely to stay as well.

Such a ruling would be a victory for Democrats and President Barack Obama, who had passed the biggest reworking to the health system since the creation of Medicare in the 1960s and faced the prospect of the court nullifying their effort. It would also avert disruption for hospitals, doctors and employers who have spent more than two years preparing for changes in the law.

Even in this case, however, the law would face an uncertain future. Republican presidential candidate Mitt Romney and GOP congressional leaders have pledged to repeal the law if they take control of Congress and the White House in November elections.

Scenario #2: The insurance mandate is struck down, but the entire rest of law stays.

This was the ruling of a federal appeals court in Atlanta last year, and the Supreme Court may choose to uphold it. In this scenario, the high court would conclude that Congress exceeded its powers with the requirement to carry insurance or pay a penalty. But it would judge that provision separable from the rest of the law.

This would be the worst-case scenario for insurance companies and set off a scramble for the Obama administration and supporters of the law to prove that it could still work. Unless Congress took further action, insurers would be required accept all customers starting in 2014–even those who are already sick–without imposing surcharges for pre-existing medical conditions. At the same time, the court’s ruling would mean people wouldn’t be required to carry health coverage. Insurers say that would lead to chaos in the market as people waited until they were sick to sign up for policies.

Scenario #3: The mandate and two related provisions are struck down but the rest of the law stays.

At Supreme Court arguments in March, the Obama administration, fearing the market chaos in scenario #2, argued that the insurance mandate was inextricably linked to two other provisions. Those provisions require insurers to accept all customers and restrict the insurers from charging more based on a person’s medical history. The administration said if the mandate were struck down, the other two provisions should go too.

If the court adopts that position, it would mean that the principal aim of the law—expanding coverage to tens of millions of Americans—would be unlikely to be achieved. Republicans would feel vindicated and push to repeal the rest of the law.

While not as disruptive as scenario #2 for health insurers, this scenario would still create broad uncertainty in the health business. Many parts of the law would remain, including those setting up new marketplaces in 2014 where consumers can shop for policies and get subsidies for coverage. Companies with 50 or more workers would have to start offering a set level of health benefits in 2014 or pay a fine.

Supporters of the law have said those provisions could still function, but questions would be sure to arise whether the marketplaces were workable without the core of the law.

Scenario #4: The entire law is struck down.

If the high court concludes that the insurance mandate is unconstitutional, it may agree with challengers that the only path is to invalidate the entire law.

Such a ruling would unravel all the work by the health industry and local governments preparing for the law. It would be a painful blow to Mr. Obama and Democrats who spent so much time and political capital on their health-care overhaul. Yet it would also put pressure on Republicans. They could no longer talk about repealing what they term ObamaCare but would have to figure out what, if anything, to bring before Congress to replace it. Gerald F. Seib discussed Republican challenges in the event of a negative ruling here.


Supreme Court to deliver healthcare ruling on Thursday

By Elise Viebeck - 06/25/12
Source: thehill.com/blogs/healthwatch

The final countdown has begun for the landmark decision on President Obama’s healthcare law.

The justices will render judgment on the controversial law on Thursday, ending months of speculation about a ruling that could have far-reaching implications for the 2012 election and beyond.

The ruling will come shortly after 10 a.m. Thursday, at the end of an action-packed week for lawmakers on Capitol Hill.

Anticipation grew over the weekend that the Supreme Court would issue the healthcare decision on Monday morning. Instead, the court ruled in the high-profile Arizona immigration case, while announcing that the remaining decisions for the term — including the health case, Florida v. Department of Health and Human Services  — would not be issued until Thursday.

The three-day deferral left Washington in a state of nervous anticipation for the ruling, which will have election-year ramifications for Democrats and Republicans alike. Congressional offices have been preparing their responses for months, though no one outside the court knows what fate awaits Obama’s signature law.

“We’re keeping a close eye on it. Absolutely. We’re having a war room every day — every Monday and Thursday,” Rep. Diana DeGette (D-Colo.) recently told The Hill.

The wealth of possible outcomes means that outside groups have also taken pains to prepare.

The pro-reform group Families USA, for example, already has eight statements pre-written about the decision. The advocacy group is hoping that one will match the final conclusion and enable the group to respond immediately.

By some estimates, between 50 and 100 people at or associated with the court already know the outcome in the healthcare case.

The court's customary practice is to meet in a private conference following oral arguments, discuss the case in order of seniority, then take an initial vote on how to rule — meaning the nine justices and their clerks have probably known the decision since the oral arguments in March.

But the court is a master of keeping decisions under lock and key, and hasn’t suffered a leak for ahead of a scheduled announcement for decades.

On Monday, the court did rule on one major case — striking down three out of four provisions of Arizona's controversial immigration law.

According to SCOTUSblog, journalists in the court chambers Monday knew no healthcare decision was imminent after a comment from Chief Justice John Roberts.

"Justice [Anthony] Kennedy has our second and final decision of the day, inArizona v. United States," Roberts reportedly said.

At that point, nearly 90,000 people were watching SCOTUSblog, a specialized site that has become the go-to resource for court-watchers in Washington.

Since Kennedy authored the majority opinion in the Arizona case, Roberts will “almost certainly” be the author of the majority opinion on healthcare reform, according to SCOTUSblog.


Health Care Reform: Four Companies That Are Leading Change

By Kathy Gersch
Source: Forbes.com

This week, Kathy Gersch, my Kotter International colleague, highlights four companies in the health care sector that are not waiting for a Supreme Court decision to transform their businesses.

The Supreme Court is set to rule on key provisions of the Affordable Care Act before the end of this month. With so much uncertainty around the future of the U.S. health care system, many companies have long been frozen, taking a “wait-and-see” approach to change, choosing to sit tight until the future becomes clearer.

But in a rapidly changing world, sitting tight can spell disaster.

“A leader of a large health care organization’s challenge is to play offense, not defense,” John Kotter wrote on this blog last summer. “If I were running a hospital… I would be focused on how do we make some significant change to take advantage of the opportunities that are going to be inevitable with this swirling, difficult, changing environment in health care.”

John is exactly right. And in the last few weeks alone, a number of hospitals and other health care providers have heeded his call and are taking drastic action.

The New York Times recently profiled one hospital in Brooklyn, New York — Maimonides Medical Center — whose leaders echoed John’s sentiments: “Win, lose or draw in court, administrators said, the policies driving the federal health care law are already embedded in big cuts and new payment formulas that hospitals ignore at their peril. And even if the law is repealed after the next election, the economic pressure to care differently for more people at lower cost is irreversible.”

With “value-based purchasing” programs mandated by the Affordable Care Act, where hospitals will be judged based on both cost and quality of care, Maimonides is taking major steps to boost patient satisfaction. As the Times reported, Maimonides “asked labor-management teams in every unit to invent their own improvement projects. In one initiative, nurses are making hourly rounds to offer patients extra help.” The hospital also provides valet parking and free Wi-Fi — certainly not business as usual.

Elsewhere in New York City, two of the largest hospital systems — NYU Langone Medical Center and Continuum Health Partners — are joining forces to boost their bargaining power with insurance providers and to cut costs, partly as a result of efficiency mandates outlined in the health care reform bill. Again, this is an example of medical organizations taking matters into their own hands and transforming the dynamics of the health care system, rather than allowing change to simply happen to them.

Insurance companies are also changing. As Aetna CEO Mark Bertolini explained to the Wall Street Journal last week, “If the Affordable Care Act were to go away tomorrow, we still would be better off as an organization, because who can argue with getting a lower health care delivery cost, more streamlined administrative structure, making yourself simpler and less complex to do business with? If that all happened and then health care reform went away, we would be better off and so would our customers.”

The leaders of UnitedHealthcare seem to agree. They made news recently when they pledged to keep popular coverage provisions mandated by the Affordable Care Act in place, regardless of the Supreme Court’s decision. The company said it would continue offering policyholders no-copayment preventative services and third-party appeals for cases where treatments are denied. They also vowed, among other things, not to cancel policies retroactively, except when fraud had taken place. These are marked shifts in the way insurance companies typically operate.

In each of these examples, leaders are refusing to let complacency set in. They are not resting on their laurels, being myopic or tricking themselves into thinking that the old way of doing things will suffice in the future. The world is changing quickly, and those who fail to change with it are sure to be left behind. The winners will be in front of the transformation instead of behind the curve trying to catch up when things become “clear”. One thing is certain – change in healthcare will continue, and it’s accelerating. There is no point of perfect clarity.


5 things health reform supporters don’t want you to know

By Joanna Antongiovanni
Source: ifawebnews.com

As the Supreme Court of the United States will likely rule on health reform soon, conversations about the bill’s constitutionality are once again resurfacing. Aside from this debate, there are several flaws within the bill that contribute to its inability to best protect consumers from increasing rates and provide them with affordable coverage. Below are five things that supporters of health reform don’t want you to know.

A lack of focus

The bill is more focused on insurance costs and does not adequately address the main reason health care costs go up: the actual cost of care. This is a big problem because it overlooks what could really make a difference and solve some of the health care issues in our country. The Kaiser Family Foundation report predicts that the health care rebates employers can expect to receive is minimal, an average of $127 compared to premiums of $5,400 a year for an individual and $15,100 for a family. If these predictions are close to the actual rebates, it proves the bill’s insurance reforms and current medical loss ratios do not address the true cause of increasing premiums in our country.

One size doesn’t fit all

As health reform stands now, it fails to address the unique needs of each state. One of the mostly unpublicized outcomes of the medical loss ratio (MLR) requirements has been that carriers have opted to exit specific unprofitable markets or exit health group products altogether to concentrate on lines of business not affected by health reform.

In some states this has created an unfair advantage for the one or two carriers that remain.

Other plans have eliminated specific products such as “child only policies” citing the inability to cover the cost of the additional mandates placed on these policies at an affordable cost. In addition, doctors and hospitals in wealthy areas are more likely to pass along those costs to consumers in those areas, increasing health insurance costs in those regions.

What was originally intended to increase coverage to the uninsured and lower health insurance costs has in fact done the opposite. In addition, many states that are struggling to balance their budgets following the burden of Medicaid expansion are seeing red and increasing deficits. These states are looking for alternative ways to save money and state-funded programs like education are at risk for budget cuts.

The current exchanges don’t fit

One major oversight of the bill is that there is no exchange that exists today that would satisfy health reform’s exchange requirements. An exchange is a government manufactured insurance marketplace for individuals not covered for health insurance by their employers to shop for health insurance at competitive rates. None of the current exchanges that exist for health care work under the new bill, the health reform exchange is two parts Massachusetts exchange, one part Utah exchange and one part “other”.

It’s debatable if either the Massachusetts or Utah exchanges accomplishes what they are set out to do, that is, to provide a market for people to purchase affordable insurance.

The creation of the exchange itself did not make health insurance affordable as it never addressed the cost of care. This is an obvious problem as individuals that are not covered by their employer need to have an affordable alternative for health care. Instead of looking to examples of what would work, the exchange dreamed up by health reform is a conglomeration of different ideas hastily combined.

Pennies on the dollar

Did you know that health insurance companies only make 3 cents to 6 cents on the dollar for health insurance premiums?

Health reform’s misplaced blame on insurance companies will only result in more difficulty for employers and individuals to get the specific insurance policies that they need. If the insurance companies continue to be attacked, they will lose more money and have fewer agents who will be able to help consumers find a policy that meets both their financial and health needs. Again, the cost of care resurfaces as the larger influencer on health insurance premiums.

All bark and no bite

There is only one thing worse than a mandate…a mandate without teeth. The bill mandates individuals to purchase health insurance but the consequences for not purchasing insurance is so weak it begs the question about how serious lawmakers were about actually making people purchase insurance. As the law is written now, it will accelerate the destruction of the insurance industry as people, after they have done the math, will opt to pay the penalty rather than pay for coverage.

Only time will tell the Supreme Court’s final decision regarding health reform. Regardless, so long as the legislation fails to address the above issues, the bill will be ineffective in solving the health care conundrum in our country.

 


Tensions rise as justices kick healthcare ruling to next week

By Sam Baker and Elise Viebeck

Source: thehill.com

The Supreme Court did not rule on President Obama's healthcare law Thursday, raising tensions before a decision next week.

The ruling was possible Thursday but not expected. The court traditionally holds its biggest decisions until the last day of the term, and the healthcare case is among the most highly anticipated decisions in decades, overshadowing the current term.

The next possible day for a decision is Monday, but justices will add more days to the schedule later next week.Television camera crews set up outside the court Thursday just in case a decision on the healthcare law was released. There is also great interest in an expected court decision on Arizona's controversial immigration law. Tha Arizona decision also was not released Thursday.

Interest in the court's docket was also reflected at the Scotusblog, which said it had 22,000 visitors on Thursday morning.

The court's public information office implemented new protocols starting Thursday in order to accomodate the vast interest surrounding the healthcare decision.

The Obama administration took the opportunity to praise one provision of the health law just an hour before 10 a.m., when the ruling might have been issued.

Health and Human Services Secretary Kathleen Sebelius said that Americans will receive $1.1 billion in rebates from insurers this summer as a result of the law's medical loss ratio (MLR). This will average about $151 per insured family, the agency estimated.

The MLR that insurers spend roughly 80 percent of all premiums on healthcare rather than marketing, executive bonuses or other administrative costs.

The Obama administration continues to talk up provisions of the law as they are implemented. Polls show that, as a whole, the Affordable Care Act remains unpopular with the public.

Legal insiders believe the justices will strike down all or part of the healthcare law, according to a survey released Wednesday.