I got on a plane last Thursday to head to a board meeting
for the KRMCA, one of my large client groups.
I had a good idea of what my message would be regarding health insurance
and the general state of affairs with regard to the Affordable Care Act and
what the prudent measures would be moving into 2014. The trip was about an hour and 45 minutes,
and when I landed my phone was blowing up with news that President Obama had
reversed course on a key component to the implementation, primarily based on
the backlash of a promise made to the American people. If you like your current health plan, and
your current doctor, you can keep them, period.
Well that sounds all well and good in a sound byte and
headline format, but how exactly does that look to those who are charged with
making that happen? More importantly,
who is this going to affect and who are the winners and losers in this new
deal? Candidly, I don’t know how the
President has the authority to arbitrarily change a provision of the law that
was enacted after it passed Congress, but that is not why I am writing this
blog. But let us be clear, there will be
losers as a result of this policy shift.
Let’s start with the monetary outlay that the health
insurance companies have absorbed over the last 3 years getting ready for the
2014 deadline for compliant plans. My
guess is that collectively these companies have spent hundreds of millions of
dollars changing benefit platforms, addressing the more mundane rating issues
with state regulators, realigning markets to meet the standards, assessing the
risks associated with being in the exchanges versus not participating. The sheer regulatory weight of this law is
incredible, and yet, most insurers were ready for things to move forward
January 1, 2014. Oh, wait…that may not
be a great idea…they say on November 14th, one and a half months
prior to the anticipated start.
Really? How can this be a good
thing? How much have we paid in excess
premiums already for those administrative gymnastics? You know that it was passed along to the
consumers at some level. Tell them who the loser is Don Pardo…… The CURRENT POLICY HOLDERS!
Next, lets look at all of those employer firms who were
given the option of taking an “early renewal” to postpone the negative effects
of the ACA. According to what I am
reading, those people will have to renew their policies at some point in 2014,
most opting for December, and subsequently be subject to ACA at that time. Now you may be thinking, that’s fair,
1.
they were
offered a chance to delay ACA for up to 11 months
2.
they exercised their right to make that choice
3.
they were
never guaranteed more than that
They should be good, right?
Well technically speaking you are correct; however, if the decision to
delay the full implementation of ACA had come in July, the majority of those
firms would have stayed on their original anniversary dates and not taken a
rate increase early to avoid the eventual negative effects of this law. These people are clearly the losers in this
decision. They are paying more in premiums now, rather than later. If you recall in a previous blog post, my
recommendation to all who would listen was to either renew early or get in to a
“bona fide” association plan. It seems
that now, only 50% of that statement would be the right thing to do. Tell them who the loser is Don Pardo…… The COMPANIES THAT RENEWED EARLY AT A HIGHER
COST!!!!
The last group of people affected by this decision is the
employers who for whatever reason, did not opt to renew early. There are three scenarios’ that would cause
an employer to do this.
1.
They were unaware of the option
2.
Too busy
to mess with it
3.
They were an unhealthy group and were looking
forward to getting into the health care exchange, where they would likely see
their premiums reduced due to community rating
This population of employers, estimated to be around 30% of
the employers who had an active group insurance program in 2013 will likely
come out ahead due to the President’s decision.
The employers who had unhealthy people in their group plans will still
be able to access the health care exchanges beginning in 2014, therefore, as a
result of community rating, they may actually see a decrease in the premiums
they pay, although they will likely experience the other shoe that will drop
and that is access to the doctors that they want to use. I have written about Skinny Networks in the
past, and the skinny networks are a staple in the exchanges. So those employers might be WINNERS from a premium perspective, but
LOSERS from a doctor and hospital
choice perspective.
The first two categories listed above are the clear cut WINNERS in my opinion. They either chose not to make a move by
omission or due to circumstance. Either way, they will get the longest reprieve
from the effect of ACA than any of the other groups of employers that we have
talked about. Let’s suppose that your
company had an anniversary date of July 1, 2013. You renewed your contract and choose not to
early renew again in December of 2013.
Therefore, under the old rules, your company would need to be compliant
with ACA on July of 2014….follow me? Now
the way that the new rules are being interpreted, your company can renew the
plan you currently have in July 2014 for 12 additional months which in effect
keeps you out of ACA compliant plans until July of 2015.
This is a long post, but the fact is this is a confusing
subject. If you have questions about ACA
or what you might do to deal with the changing landscape, hit us up at Logan
Lavelle Hunt.