Friday, March 31, 2017

Krauthammer Gets It Right

In a NY Daily News piece, Charles Krauthammer stumbles on to a truth I have been saying for awhile that the ACA was designed to get us to a Single Payor delivery system. For anyone who knows the business, it was clear that the ACA was the necessary precursor to Single Payor.
Here is Charles Krauthammers column, my comments as usual are in red.

Single-payer, here we come: The health care revolution in waiting

Charles Krauthammer
NEW YORK DAILY NEWS
 

Repeal-and-replace (for Obamacare) is not quite dead. It has been declared so, but what that means is that, for now, the President has (apparently) washed his hands of it and the House Republicans appear unable to reconcile their differences.
No sir, they were just caught in a moment where they had to act and for once do something but knowing their ultimate goal was Single Payor they believe they acted correctly.
Neither condition needs to be permanent. There are ideological differences between the various GOP factions, but what’s overlooked is the role that procedure played in producing the deadlock. And procedure can easily be changed.
The House leadership crafted a bill that would meet the delicate requirements of “reconciliation” in order to create a more achievable threshold of 51 rather than 60 votes in the Senate. But this meant that some of the more attractive, market-oriented reforms had to be left out, relegated to a future “phase three” measure that might never actually arrive.
If "Phase three" means Single Payor then yes it may arrive but any phase that sends healthcare back to the private market is as DOA as the last bill they "debated".
Yet the more stripped-down proposal died anyway. So why not go for the gold next time? Pass a bill that incorporates phase-three reforms and send it on to the Senate.
Because it might pass the Senate and if it did, Trump would sign it and that's the last thing they need.
September might be the time for resurrecting repeal-and-replace. That’s when insurers recalibrate premiums for the coming year, precipitating our annual bout of Obamacare sticker shock. By then, even more insurers will be dropping out of the exchanges, further reducing choice and service. These should help dissipate the pre-emptive nostalgia for Obamacare that emerged during the current debate.
No way. You can't try to negotiate a near wholesale replacement of health coverage while actuaries are busy constructing rate structures to be approved by state government banking and insurance committees. No, the time is now unless the goal is another charade then yes, by all means wait until September to try and pass a bill that will not become effective until at minimum 2019. By then, the Dems may win the House back and reverse it all....meaning Single Payor is closer than ever.
At which point, the House leadership should present a repeal-and-replace that includes such phase-three provisions as tort reform and permitting the buying of insurance across state lines, both of which would significantly lower costs.
Tort Reform may lower premiums because it would lower reimbursement costs to the doctors because docs would begin to pay less for their own Malpractice coverage. Crossing state lines may increase competition but as long as networks are in place and utilization costs are what they are, there is no guarantee Reciprocity will get us to where we need to be. No, I believe it will end up being a group of issues combined that will help lower rates.
Even more significant would be stripping out the heavy-handed Obamacare coverage mandate that dictates which medical benefits must be included in every insurance policy, regardless of the purchaser’s desires or needs.
Yes, "ala carte" is the new conservative buzzword. Ok, how do you rate that? Where will the actuarial numbers fall on 2,000 potential plan descriptions available and how do you do that on a guaranteed issue system?
Best to mandate nothing. Let the customer decide. A 60-year-old couple doesn’t need maternity coverage. Why should they be forced to pay for it? And I don’t know about you, but I don’t need lactation services.
True but actuarial science may have problems with this.
This would satisfy the House Freedom Caucus’ correct insistence on dismantling Obamacare’s stifling regulatory straitjacket — without scaring off moderates who should understand that no one is being denied “essential health benefits.” Rather, no one is being required to buy what the Jonathan Grubers of the world have decided everyone must have.
This sounds nice and all Libertarian but you will end up running into a form of adverse selection when the folks who need the once mandated "Essential Health Benefits" go to build that new "Ala Carte" plan only to find out that because of utilization ratio numbers, this plan will be monstrously expensive because the odds are the people who buy this plan will use it...a lot. Once again, unchecked utilization with no underwriting to accurately price this plan will cause renewals to spike as they chase prior year losses.
It is true that even if this revised repeal-and-replace passes the House, it might die by filibuster in the Senate. In which case, let the Senate Democrats explain themselves and suffer the consequences. Perhaps, however, such a bill might engender debate and revision — and a possible compromise. This in itself would constitute major progress.
Doubt it. Any attempt to dismantle Obama's legacy will be met with open warfare.
That’s procedure. It’s fixable. But there is an ideological consideration that could ultimately determine the fate of any Obamacare replacement. Obamacare may turn out to be unworkable, indeed doomed, but it is having a profound effect on the zeitgeist: It is universalizing the idea of universal coverage.
Yep and that was the plan all along. We warned you guys but the Wizards of Smart told us we were silly. We told you to watch for Blue Cross. We told you to watch for spiked renewals on plans whose new business numbers were not based on anything in reality. We told you this plan was designed to falter and give Democrats and Single Payor advocates the opportunity to say "well, we did it your way and it failed. Now it's our turn." 
Acceptance of its major premise — that no one be denied health care — is more widespread than ever. Even House Speaker Paul Ryan avers that “our goal is to give every American access to quality, affordable health care,” making universality an essential premise of his own reform. And look at how sensitive and defensive Republicans have been about the possibility of people losing coverage in any Obamacare repeal.
And it worked exactly as it was supposed to do. You gave away free stuff to voters and now you want to take that free stuff away. It'll never work. We are stuck. You hate Trump but Trump is the only one who is willing to do battle with an openly hostile press. Congress on the other hand will whimper and run the first time the NY Times editorial board calls one of them "evil, greedy, heartless and a pawn for Big Insurance".
A broad national consensus is developing that health care is indeed a right. This is historically new. And it carries immense implications for the future. It suggests that we may be heading inexorably to a government-run, single-payer system. It’s what Barack Obama once admitted he would have preferred but didn’t think the country was ready for. It may be ready now.
Of course the people think that. You did that when you allowed healthcare to be given away...oops, I mean "subsidized". We are absolutely heading towards a Single Payor system. I have been telling my liberal friends they are looking very foolish with all of their yelling and screaming because the fact is, they won and don't even realize it.
As Obamacare continues to unravel, it won’t take much for Democrats to abandon that Rube Goldberg wreckage and go for the simplicity and the universality of Medicare-for-all. Republicans will have one last chance to try to convince the country to remain with a market-based system, preferably one encompassing all the provisions that, for procedural reasons, had been left out of their latest proposal.
Again, that's the plan. Let the plan fall apart and instead of taking the blame for being the architects, they will simply come up with a new solution which will be the plan they wanted all along...Single Payor. Oh and it will appear like it works because Congress can do something the private carriers can not; deficit spend. Congress will enact Single Payor, take control of those trillions of dollars, decide how they get spent and when they run out of money instead of eliminating plans or going out of business, Congress will raise the debt limit and keep chugging on.
Don’t be surprised, however, if, in the end, single-payer wins out. Indeed, I wouldn’t be terribly surprised if Donald Trump, reading the zeitgeist, pulls the greatest 180 since Disraeli dished the Whigs in 1867 (by radically expanding the franchise) and joins the single-payer side.
Like I said, Chuck. You were warned 7 years ago. You guys chose not to listen.
Talk about disruption? About kicking over the furniture? That would be an American Krakatoa.
Don't blame Trump for nonsense that precedes him by 7 years. You Establishment Republicans had all the time to craft a bill to be ready the moment a Republican is ever elected. You chose not to which tells me one of two things. It is either you are incompetent and have no idea what you are doing or those 68 bills were shams to make it look like you wanted repeal to the gullible voters when in fact Single Payor and the trillions of dollars that would be made available to you was the REAL goal. In either case, we are on to you.

Tuesday, March 7, 2017

The ACA Repeal Bill In All Its Glory (or Whatever)

I have attached a link to the Committee Print for the Budget Reconciliation Legislative Recommendations Relating to Repeal and Replace of the Patient Protection and Affordable Care Act.

http://www.foxnews.com/politics/interactive/2017/03/06/text-american-health-care-act/

Here are my thoughts.

I don't believe this is as great as the GOP will say it is or as scary as the Dems will say it is. There is a little bit here for everybody.

Admittedly the Democrats will be incensed by the abortion language in the bill as the Committee made it very clear they will fund abortion in only the most strict circumstances. The Republicans may be a bit miffed in that a lot of the safety net of the ACA is still in place.

I am now going to go through the bill and talk about notes I made while reviewing it.

Sec 103 Federal Payments to States Section B

In the Definitions section of this, it is made clear that places like Planned Parenthood will now be considered "Prohibited Entities" and will receive no federal funding for their abortion operations.

Sec 112 Repeal of Medicaid Expansion (A, 1)

There is a clause about "at the option of the state" and it is very confusing over whether the state may option to cover an expansion of their Medicaid rolls or of the state can apply for an exception. In either case, it is clear that the thing we wrote about last week about California may have California correct in their reading.

Sec 112 Section C

The Essential Health Benefits Requirement is gone. This can be both good and bad. While removing some of these "essential health requirements" may lower premiums, it may alter plan descriptions in a way that reduces the amount of care a member can get. We will talk about the counter to this in a bit because there is an answer to this.

Sec 114 Reducing State Medicaid Costs

Bottom line, if you win the Mega Millions lottery and you are on Medicaid....you aren't anymore. They count lottery winnings against income and that will push you over the threshold and you are done with Medicaid.

Sec 114 Subsection 1

It looks like there will no longer be any backdating of effective dates into Medicaid. It looks like the government is no longer in the business of buying claims.

Sec 114 Subsection 2

No Medicaid for illegal aliens. This section makes it crystal clear there will be no Medicaid payments for any unauthorized individuals and increased verification checks will be completed prior to authorization with no medical claims paid until authorization is released. There is language in the bill saying the states can adopt their own "grace period" but the question is, if they do provide coverage is the state on the hook for it or can they pass it off to the feds as a "qualified expense". The bill is not very clear on this.

Sec 115 Safety Net Funding (yes, that is the actual title)

Subsection 2 jumped out at me because it deals directly with providers and it appears that there will no longer be any balance billing on ACA or Medicaid plans. While at face value that doesn't mean much because of current patient financial responsibility on Medicaid but it does set a standard that says the providers will be taking the government offered reimbursement. Let's see who actually does and who actually walks.

Sec 116 Providing Incentives for Increased Frequency of Eligibility Determinations

Subsection K will give our Democrat friends fits because it drops the eligibility checks down to every 6 months. I believe we in NJ have been doing this already but it will be interesting to see how this plays out in states where this will be something new.

Sec 121 Per Capita Allotment for Medical Assistance

While this section had a lot of meat in it and I will be reading this through a few times but Medicare Cost Sharing is now considered an Excluded Expenditure. My question is what Medicare Cost Share? Is it like where PAAD pays for Medicare premiums and copays?

Sec 121 Subsection 2

This deals with members I would consider Dual Eligibles and how Medical Assistance Payments will be made.

Sec 121 Subsection D

This section deals with HSA contributions but what really stuck out to me was how taxpayers with seriously delinquent tax debt will not be able to receive or place HSA account deposits. All the new HSA rules will kick in for 2018.

Sec 6050X Returns by Health Insurance Providers Relating to Health Insurance Coverage Credit

Two things stuck out to me in that it looks like reporting is now at a federal level and no longer the state and there will be no more monkeying around wit the WR-30 as employers and such used to do back in the day (much to our chagrin).

Sec 6050X Subsection 2

Acknowledgement of the utilization issue. This validates my whole argument with the ACA. It's nice to see Congress sees it as well.

Sec 6050X Subchapter C (B)

In here they talk about repayment limit on million dollar claims. The question is they never stated whether it was single occurrence or aggregate.

This same subchapter also notes how states will be forced to take a bigger bite in paying Medicaid claims.

Sec 2711 Encouraging Continuous Health Insurance Coverage

There is now a Late Enrollment Penalty similar to Medicare Part D but the new LEP is equal to 30% of the monthly premium rate. It looks like the LEP only lasts a year unlike the Medicare Part D LEP which is a lifetime penalty.

Subtitle II
This section deals with several taxes and fees that have been eliminated

For 2018 the tax on Prescription medications has been repealed
For 2018 the tax on OTC drugs has been repealed
For 2018 the tax on health insurance has been repealed
For 2018 the tax on Net Investment Income has been repealed
For 2018 the tax on tanning salons has been repealed

There will also be a new rating system for coverage in 2018. This means your rate is going to move one way or the other. The bill does not say exactly what the new rates will be based on but seeing how it is all guaranteed issue, I don't see major changes here.

So, there it is. This is a basic outline. I will keep reading this and see if anything else jumps out at me but for now this is it.

Like I said, I don't think it is as great as the GOP says or as horrible as the Dems say it is.

Monday, March 6, 2017

Another Example Why The World Laughs At California

There are so many pejoratives on California that I could fill an entire blog with them but frankly who has the time. Well, here we have another example. Once again, California shows why they are the liberal laughingstock of the world. Go ahead, guys. Go ahead and secede and become a third world nation in debt over your eyeballs...at least you will have Hollywood and the porn industry.
The LA Times is either willfully ignorant in not knowing how the insurance industry operates or they don't care and want to push a leftist agenda in gaining a Single Payor health plan.
Here is one of the funniest columns you will read on healthcare reform. As usual, my comments are in red.

Thanks to Trump and the GOP, a California single-payer healthcare system is now possible

By: David Lazarus

Could California have its own single-payer health insurance system providing coverage for all residents? A bill has been introduced in the state Legislature that would do just that — and its chances of success could be vastly improved by President Trump and the Republican-controlled Congress.
Thanks, guys!
First, a little history lesson. Stick with me because this is important.
California flirted with a single-payer system when the Legislature signed off on the idea in 2006 and again in 2008. The bills were vetoed by former Gov. Arnold Schwarzenegger, who declared in 2006 that “socialized medicine is not the solution to our state’s healthcare problems.”
He was right.
Those legislative efforts were spearheaded by Sheila Kuehl, who was then a state senator and is now a Los Angeles County supervisor. She and I spoke frequently during California’s flirtation with single payer and we caught up on the topic this week.
Her biggest mistake in 2008, Kuehl told me, was not effectively countering the “socialized medicine” line from Republicans and conservative critics.
You mean you couldn't pull the wool over the people's eyes good enough.
“What we should have done from the very beginning was use the phrase ‘Medicare for all,’ ” she said. “People are familiar with how Medicare works. They would have understood that we weren’t taking over healthcare providers.”
And obviously you aren't familiar with how Medicare works. Medicare is not "free" insurance and you have had to "pay" into it through quarters of qualified employment to be eligible or pay a large premium to participate. Actually YES, YOU ARE taking over healthcare providers but you are doing it in such an insidious manner. The regulations you create for providers to be considered for "Medicare Assignment" absolutely reeks of government control.
Under the typical single-payer system, payroll taxes replace premiums, deductibles and co-pays as a funding mechanism for health insurance. This is how almost all other developed countries succeed in providing affordable coverage for everyone — and for about half as much as what Americans pay.
Hmmm....under the old system that "didn't work", premiums were taken out of payroll. What makes this any better? What are the utilization numbers in those "developed nations"? What are the pools and the demographics? You are comparing apples to artichokes and then hailing some sort of success.
No one is proposing a government takeover of hospitals and doctors’ offices.
See above. Yes you are. You may not be educated enough to realize it, though. Those of us in the industry know otherwise. When the government sets plan descriptions, sets MLR rates, sets up exchanges, certifies both providers and brokers and then is the approving body for rate structures both new and renewal...what else do you call this other than government takeover?
“Single-payer isn’t socialized medicine,” Kuehl said. “It has nothing to do with hospitals and doctors. It’s purely a form of insurance. But we didn’t communicate that as well as we could have.”
No, you explained your position most admirably. We who disagree just pointed out your flaws and the public agreed with us. See my previous quote above this for the evidence.
Messaging aside, she thinks the public has become more open to new ideas.
Only because the last idea in the Affordable Care Act was so horrible.
“With so much uncertainty from the Trump administration,” Kuehl said, “I’m more convinced than ever that single-payer is the way to go for California. It’s a very, very good idea.”
Uncertainty from Trump? His voice and his position is the most stable we have seen on this issue in years. You may not agree with his policies but they are transparent and doable.
The idea is back in play thanks to state Sen. Ricardo Lara (D-Bell Gardens), who last week introduced a bill aimed at creating a Medicare-for-all system for Californians.
It doesn’t yet say how this would be accomplished. Instead, it declares the Legislature’s “intent” to pass a law that would “establish a comprehensive universal single-payer healthcare coverage program and a healthcare cost control system for the benefit of all residents of the state.”
Healthcare Control System......read, "rationing". You see as I will explain further down in this column, there are only a few ways to lower healthcare expenditures.
Details, presumably, will come later.
Of course, they will. You have to pass it to see what's in it. Leave it to California to employ one of the tactics used by their most "popular" representative, Nancy Pelosi.
“If Republicans abandon California and Congress moves to cut Medicaid, we will insist that the federal government treat us like any other state and give us the flexibility and freedom to address the health needs of our entire population through a universal healthcare system,” Lara told me.
Ok fine, no problem. Let's say that California decides to go it alone and form their own utopian single payor plan. What happens to residents when they travel? What happens when your Malibu resident movie star decides to jump over fly over country and go to NY and suddenly needs care. Who pays? Yes, the ACA says emergency care is mandated but if California builds a single payor plan, that is outside of the ACA, no state will honor California's contracts. So, in fact, a California resident traveling out of state runs the risk of having no insurance because there will be no reciprocity agreement in place. Reality sorta sucks, doesn't it?
Studies have shown that a single-payer system would result in lower out-of-pocket costs for most California residents.
See below. I address this outright lie.
But one big problem with Kuehl’s earlier bills was how the $100-billion Medi-Cal program — the state’s version of Medicaid — would integrate with a California single-payer system. Medi-Cal covers about a third of the state’s population. About $67 billion in funding comes from the federal government.
Your Medicaid problem is one third of your population and you think diverting that money to the remainder of your population will lower out of pocket costs to your residents? This is insanity. How do you cover the utilization costs of the remaining two thirds while keeping the guaranteed issue and the no Pre-X clause? Who eats those utilization charges? 
That state-federal partnership meant Washington would have needed to sign off on any move to incorporate Medi-Cal into a state single-payer plan, and Kuehl acknowledged at the time that this probably would have been hard to obtain.
Thanks to Trump and the Republican-controlled Congress, things are now very different.
“We should give our great state governors the resources and flexibility they need with Medicaid to make sure no one is left out,” Trump said in his speech to Congress this week.
What he and Republican leaders mean by that is giving states a fixed amount of Medicaid money in the form of block grants to cover low-income people. States currently are guaranteed at least $1 in federal funds for every $1 in state spending.
The Republicans’ goal is for the federal government to pay less for Medicaid annually. But what they’re also unintentionally doing is removing perhaps the biggest obstacle to California and other states establishing their own single-payer systems.
It should be all government's responsibility to find ways to pay less for their social safety net. There are ways if you are open minded enough to see them and not glued to Single Payor.
With block grants, states wouldn’t need congressional approval to use Medicaid money for a broader insurance program.
True but what happens when you apply the Medicaid grant into the general treasury to pay for all of "Cali-Care" or whatever you call it only to find out it wasn't enough? If you are getting crushed and need that Medicaid block grant, expanding your eligible pool is potentially budget crushing and fiscally irresponsible.
“Yes, that solves the problem,” said Gerald Kominski, director of the UCLA Center for Health Policy Research.
See above. No, it doesn't.
But he noted that block grants create a different issue in the form of program sustainability. Unless the annual grants grow with healthcare costs, states will find themselves increasingly underfunded in covering Medicaid populations.
If you can't handle your Medicaid problem now, how are taxes going to handle a situation that will only get worse tenfold when you then take on the healthcare platform for your entire state???
“If the grants are linked to inflation, that won’t be sufficient,” Kominski said. “Healthcare spending always grows faster than the overall economy.”
And a California Single Payer plan will remedy that how exactly? 
The average cost of living for Americans rose about 2% last year. Healthcare spending, meanwhile, climbed 4.8%, and is expected by the Centers for Medicare and Medicaid Services to rise 5.4% this year.
Once again, utilization is the killer. Single payer does nothing to address that. No matter who is paying the bills, utilization is utilization. No matter who is paying the bills, actuarial science is present. The only way you can lower costs is by doing a few things none of which will be popular. You can reduce access or limit exposure through limited participation networks, higher deductibles and coinsurances to the insured. Unfortunately that will be extremely unpopular with voters. You can reduce reimbursements to providers through renegotiating capitation or reducing fee for service payments. Unfortunately, that will make doctors unhappy and they in turn will refuse to accept that network leaving members out in the cold and again, making voters unhappy.
“Block grants are a poison pill,” Kominski said. “They’re a slow-acting poison that cuts off your healthcare funds.”
That’s not an insurmountable problem. California could structure a single-payer system so that it’s sustained by a greater share of state tax revenue, with program efficiencies offsetting a gradual decline in federal dollars.
And how pray tell do you do this with your already bloated public assistance entitlement budget along with your state government employee benefit requirements?
2005 study by the Lewin Group found that a single-payer insurance plan would save California nearly $344 billion over 10 years, primarily by streamlining bureaucratic overhead and relying more on bulk purchases of prescription drugs and medical equipment.
Are you really going to use a 12 year old study to justify an ever expanding and bloated healthcare platform? Bulk purchases do nothing to remedy the problems brought on by utilization. You don't believe me? Ask United Healthcare what happens when you offer a zero premium Open Access Point of Service Medicare plan in an area that demographically skews heavy towards a medicare eligible population. Let's just say it lasted one year before they lost their shirts and had to discontinue the plan and move them to the Open Access HMO Medicare plan. Utilization is the killer. Learn that and you will see where the real problem lies in your plan. 
The study also predicted a significant economic boost for businesses because they’d no longer be responsible for employees’ health coverage. This, in turn, would probably spur job creation.
Wrong. The fact is most businesses were already paying the 10% employer minimum contribution. Let's say the premium for a single employee is $350 dollars and the employer is paying the 10% minimum with a roster of 10 employees. The savings would be $350. What employee are you going to hire for $350 a month?
A single-payer system would be a clear improvement for California and would serve as a model for the rest of the nation. Don’t forget: Canada didn’t adopt a single-payer system overnight. It rolled out its universal-coverage program gradually, province by province. The same methodical approach would be prudent for the United States.
And yet Canadians in the province of Ontario run into Buffalo NY for treatment or major surgery.
But now another question arises: What sort of single-payer system do we want? They’re not all created equal.
Are you serious?!?! Single Payor not all created equal? If it is single payor it is single payor. One governing body that adjudicates claims, designs products, credentials providers, approves brokers and sets/approves rates. 
On Tuesday, we’ll look at alternative approaches to covering everyone.
I've already done it. Go to my blog.