
Federal
Owing to multiple blizzards in Washington, Congress started its
President’s Day recess a full week early and conducted no official
business last week. However, there was some legislative drama as Senate
Majority Leader Harry Reid pulled
the rug out from under Finance Committee Chairman Max
Baucus by scrapping the Baucus jobs bill (without warning), which
contained many health insurance items, and replacing it with a stripped
down, narrow jobs bill. Whether the health items Baucus originally
inserted with Republican help will make it back to the table remains
fuzzy. Among the health items that have been dropped are: the COBRA
eligibility extension (to May 31); the “doc fix” (to October, 2010) of
Medicare reimbursement rates; and the favorable statutory direction to
CMS to calculate the 2011 Medicare Advantage rates “as if” the doc fix
were in place.
States
California health insurance The Office of Patient Advocacy released a report card on the state’s HMOs last week. Aetna received 3 out of 4 stars. The goal of the report card is to allow consumers to compare how well health plans use personal medical records and help address conditions such as asthma, arthritis and diabetes.
California health insurance The Office of Patient Advocacy released a report card on the state’s HMOs last week. Aetna received 3 out of 4 stars. The goal of the report card is to allow consumers to compare how well health plans use personal medical records and help address conditions such as asthma, arthritis and diabetes.
COLORADO: Governor Bill Ritter held a press conference to announce what
he calls “the next round of reforms that represent common sense.” His
legislative package includes bills to preclude insurance companies from
charging different rates due to a person’s gender, ensure that women
have access to breast cancer screening, assure plain language is used in
insurance forms, standardize insurance applications and explanations of
benefits, and encourage greater use of online tools to enroll people in
public programs. Apart from the Governor’s proposals, a bill that would
establish a public option was also introduced.
CONNECTICUT: In a short legislative session of only three months, the
Insurance & Real Estate Committee wasted no time in putting forth an
agenda that includes many concept drafts for repeat legislation from
previous sessions. These include prohibiting health insurance copayments
for preventive care, limiting prescription drug copayments, prohibiting
Social Security disability payment offsets, and exempting the Municipal
Employees Health Insurance Plans from the premium tax on small group
premiums. In addition, the committee reintroduced legislation that
includes nearly a dozen new health benefit mandates. The Council for
Affordable Health Insurance, an independent think-tank, says that health
insurance mandates could increase premiums in Connecticut by more than
50 percent overall.
GEORGIA: A bill was proposed last week that would impose significant
restrictions on insurers’ ability to rescind health insurance policies.
Aetna, through the Georgia Association of Health Plans and AHIP, met
with the legislator sponsoring the bill to express concerns with the
bill.
INDIANA: The legislative session is at halftime, and the insurance
agenda is now limited. Most insurance issue bills are officially dead,
including a bill that would have prohibited health plan provisions
requiring a contracted provider to accept more than a certain number of
patients; coverage for dialysis treatment regardless of whether the
facility is contracted or not and without certain benefit restrictions;
and a bill that would have allowed out-of-network assignment of
benefits. However, Aetna is expecting that a bill requiring insurer and
HMO annual reporting of premium cost composition, including
administrative costs, may be resurrected. A bill that restricts dental
insurers and HMOs from establishing fee schedules for non-covered
services passed the Senate, with our amendment to accommodate most of
the key concerns expressed by opponents of the bill. As the bill stands,
dental insurance plans may impose fee schedules for covered services,
regardless of whether the plan actually pays for the services rendered.
KANSAS: An amended version of S.B. 389 related to dental services passed
the Senate Financial Institutions and Insurance Committee on February
11. The amended bill prohibits any contract between a health insurer
that offers a health benefit plan and a dentist from containing a
provision that requires the dentist to accept a fee schedule for
services unless the service is a covered service. Committee amendments
added to the definition of a “health benefit plan” the following: any
subscription agreement issued by a non-profit dental service
corporation; any policy of health insurance purchased by an individual;
the state children’s health insurance plan; and the state medical
assistance program under Medicaid. We will continue to update you as
this bill progresses and hope to make favorable changes as the bill
moves through the House.
MASSACHUSETTS: Governor Deval Patrick filed a 40-page bill that proposes
giving the insurance commissioner the power to hold public hearings on
rate adjustments and essentially cap health care price increases. Rate
increases for individuals would be held to the rate of medical
inflation; those sold to employers with 50 or fewer workers could not
exceed one and a half times the level of medical inflation. The
legislation would also impose a two-year moratorium on any new health
benefit mandates. Legislative leaders praised the intent of the
governor’s plan but declined to promise support. Strong opposition is
expected from medical provider groups. The Governor simultaneously
announced emergency regulations to take immediate effect that will
require health insurers to submit proposed small business rate increases
for review by the state 30 days before they take effect. Several other
proposed provisions include a requirement that insurers offer at least
one coverage plan with a limited network of health care providers
costing at least 10 percent less than health plans with access to more
physicians. The Massachusetts Association of Health plans is lobbying in
support of a bill introduced by Senate Insurance Chair Richard Moore
that would create a cheaper health insurance product for small employers
by capping payments to providers at just 10 percent above Medicare
rates. The Massachusetts Medical Society is against that proposal.
MISSOURI: An autism coverage mandate bill was amended and “perfected” by
the Senate and then sent to the Government Accountability and Fiscal
Oversight Committee from which it must emerge before returning to the
floor of the Senate. In addition to two mandate-related amendments, a
third amendment to the bill allowing for limited cross border sales of
health insurance also passed. In its current form, the bill contains a
mandated offering of the coverage in the individual market. Coverage is
limited to treatment ordered by a licensed physician or psychologist
whose treatment plan the carrier is entitled to review every six months.
Coverage for applied behavior analysis (ABA) is limited to $52,000
annually (down from the $72,000 as introduced) for persons under age 21.
Meanwhile in the House, a bill containing significant language relating
to the credentialing of autism service providers also passed. The bill
also contains a mandate to offer coverage in the individual market and
to groups of fewer than 25. Groups of 25 to 50 would be entitled to an
exemption from the mandate if they could demonstrate an increase in
premiums tied to the mandate. The bill limits annual coverage of ABA
($36,000 for children ages 3-9; $20,000 for children ages 9-21). Aetna
will continue to monitor the status of these mandates, but it appears
fairly clear at this point that something will pass on the issue of
autism.
NEW JERSEY: Last week Governor Chris Christie declared a fiscal state of
emergency calling a special session of the legislature to lay out his
plan for dealing with state’s current $2.2 billion budget shortfall. His
plan calls for significant cuts or eliminations across 375 state
programs and withholding $500 million of state education aid. Of note on
the program side is a $12.6 million reduction in Charity Care funding
to hospitals, which pays for care to uninsured residents. In legislative
action, the Assembly Financial Institutions and Insurance Committee
held a three-hour public hearing on out-of-network reimbursement. Much
of the hearing focused on the markedly higher billing practices of
ambulatory surgery centers and one non-par hospital. Aetna presented
testimony regarding its experience with the non-par hospital, citing
their disparate year-over-year increase in charges compared to other
similarly situated hospitals. Chairman Schaer indicated the committee
will work over the next several months to craft a solution.
NEW YORK: With Democratic Senator Hiram Monserrate officially expelled
from the Senate, the Democratic majority (31-30) now faces an uphill
battle getting the 32 votes needed to pass legislation. However, both
the Senate and the Assembly moved forward with a public hearing on the
Executive Budget proposal for health, including the section mandating
the prior approval of rate adjustments. The Health Plan Association
testified on behalf of the industry. If enacted, Governor Paterson’s
proposal for an 85 percent medical loss ratio and a prior approval
hearing process for all rate adjustments would essentially amount to
government control of health insurance, undermining the private health
insurance market in New York. Price controls would weaken health plan
solvency, hurt providers and virtually eliminate innovation and
efficiency. At the same time, the proposal ignores the underlying cause
of the increasing cost of health insurance — the increase in the actual
costs of health care services.
OKLAHOMA: The second session of the 52nd Oklahoma Legislature convened
in Oklahoma City on February 1. Legislators quickly turned to the
state’s $1.3 billion budget deficit described by Governor Brad Henry (D)
in his eighth and final state of the state address and FY 2011
executive budget. During his address, the Governor focused on his plans
for resolving the $1.3 billion budget deficit through precise budget
cuts. His only reference to health insurance was to encourage the
expansion of Insure Oklahoma, a program developed by the state in
partnership with small employers to provide affordable health coverage.
The legislature is scheduled to adjourn on May 28 but only after
addressing a range of legislation including several bills of interest to
Aetna.
SOUTH DAKOTA: A dental fee schedule bill (S.B. 108) unanimously passed
the Senate Commerce Committee and is expected to be taken up by the full
Senate early this week. The bill prohibits any contract between a
health insurer that offers a health benefit plan and a dentist from
containing a provision that requires the dentist to accept a fee
schedule for services unless the service is a covered service. Aetna
will continue to follow the bill’s progress as it progresses.
TENNESSEE: Several bills have been proposed that would make changes to
the state’s external review law. Aetna and other industry
representatives will be meeting with the Tennessee Department of
Commerce and Insurance regarding its proposed changes to the external
review law. The bill proposed by the TDCI most closely mirrors the model
legislation proposed by the National Association of Insurance
Commissioners.
UTAH: The Speaker of the House has introduced a health reform bill
addressing health information technology, individual and small group
market reforms and transparency. The overarching theme of the reforms is
micromanagement of rates and rating factors, and a broadening of the
Insurance Commissioner’s authority. The transparency provisions apply
plan designs and benefit descriptions submitted by carriers, and would
require providers to make available, upon request, a price list for
services on both an inpatient and outpatient basis.

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