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Health Insurance Mandates
Medicare
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Rainbow with green hills

Volume 4 Issue 2
Autumn 2013 
Dear Readers,

Welcome to this Special Edition of "Patient Navigator Notes." This edition explains key points of the Patient Protection and Affordable Care Act, also known as "Obamacare" or the ACA.  There are additional resources you can use for your specific questions or, of course, just give us a call. Our goal is to bring some clarity to the confusion that exists about this law.

We welcome feedback at Patient Navigator
or by email.

Elisabeth Schuler Russell
Founder and President
Patient Navigator, LLC 
President, National Association of Healthcare Advocacy Consultants
Member, Society of Certified Senior Advisors
 
The Patient Protection and Affordable Care Act

Patient Protections  

 

Since the "Patient Protection" piece of the law's official title is usually omitted, let's discuss that first. In our patient advocacy practice, we have often had to fight insurance companies so that our clients can get the care they need.  These patient protections are very welcomed.  

   

Stronger consumer appeal options for denied claims; children stay covered longer.    

 

Important patient protections have been put in place since the law's passage in March 2010.  For example, new procedures and external reviews for consumers to appeal insurance coverage denials have made the process more transparent and strengthened the patient's appeal options. The law allowed young adults to remain on their parents' insurance until age 26.

 

Insurance cannot be denied due to pre-existing conditions.

 

As of 2014, new plans will no longer be able to deny coverage to any patients with pre-existing conditions or rescind coverage when they get sick.  Since 2010, children can no longer be denied insurance due to pre-existing conditions.  Insurers will not be allowed to ask about pre-existing conditions and they can't charge higher premiums based on gender.  The plans will be allowed to charge older persons or smokers a limited higher premium, however, if they choose to.  

 

Annual dollar and lifetime coverage limits are eliminated.

 

Starting in 2014, the law eliminates annual limits on the dollar value of coverage and prohibits individual and group health plans from placing lifetime limits on the dollar value of coverage.  This means that if medical expenses reach a certain threshold, you can't be cut off.

 

More preventive services without co-pays.

 

The ACA also required new health plans to provide specific coverage without cost-sharing for certain preventive services including recommended immunizations, preventive care for infants, children, and adolescents, and additional preventive care and screenings for women.  As of February 2012, the Department of Health and Human Services has estimated that 54 million Americans had already received preventive benefits without cost-sharing.  These are formidable protections.

 

Here's a good source for general FAQ's and patient protection information.  

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Health Insurance Mandates

Workplace Health Insurance

 

About 50% of us get insurance through employers or the workplace.  For those people, not much will change although they will benefit from caps on out-of-pocket expenses and certain free preventive care.  (Note: Employers generally seem to be offering higher deductible plans which provide an incentive for consumers to be conscious of their health care spending.  But that trend toward high deductible plans is unrelated to any provision of the Affordable Care Act.)

 

A bigger change down the road will be for companies with more than 50 employees who do not get insurance coverage now from their employer.  As of 2015, the government will require these companies to cover full-time workers or pay a penalty. This provision is designed to get more employees covered.  One controversy arises over whether this requirement will force employers to stay under the 50 employee threshold or offer less than full-time work to avoid paying for employee health insurance. 

 

Smaller employers won't face the same penalties for refusing to buy insurance but as an incentive, the government will set up special small business marketplaces to make it easier.  Unlike now, insurance companies won't be allowed to inflate prices for these small group plans if some employees are sick.   


Purchasing Your Own Insurance - The Exchanges Open on October 1, 2013 

 

In my view, one of the best things about the Affordable Care Act is that it will make health insurance available to millions of Americans who are now completely uninsured, and more affordable for the 14 million who buy their own coverage (because they are self-employed, a retiree under 65 or a part-time worker, for example).  In our advocacy practice, we have seen first-hand the often devastating financial and medical outcomes when an uninsured person gets sick.  If you purchase insurance through the exchanges between October 1 and December 15, you will be covered by January 1, 2014.  

 

That being said, another controversy over the Affordable Care Act is precisely because there will be a mandate that everyone must be covered by some type of health insurance, whether through an employer, the Government (Medicaid, Medicare, the military) or through private purchase of insurance.  Those who are choose to remain uninsured will pay a penalty. 

 

At the centerpiece are the Health Care Exchanges or Marketplaces that are being set up in each state.  There are 16 states plus the District of Columbia which decided to set up their own exchange.  34 states (generally with Republican governors and legislatures) chose not to set up an exchange and have defaulted to a Federal model. The remaining seven states will operate an exchange in partnership with the Federal Government.  You can learn more about your own state here.

 

The marketplaces are designed to be a virtual insurance shopping mall with approved plans competing for business.  The qualified plans that participate in the Exchanges will be required to offer a uniform minimum benefits package which would be offered at four levels of value (Bronze-Platinum), making comparisons across plans easier.

 

The essential health benefits in these uniform packages must include at least the following general services:  ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health benefits and substance use disorder services, prescription drugs, rehabilitation services and devices, laboratory services, preventive and wellness services and chronic disease management, and pediatric services including oral and vision care.

 

Plans may offer catastrophic coverage that doesn't meet one of the four levels of coverage, but only to enrollees under the age of 30 or those who would otherwise be exempt from the requirement to purchase coverage because the premium exceeds 8% of their income.   

 

The National Patient Advocate Foundation has made a useful brochure on the marketplaces available here and you can learn more about shopping for coverage here.   

 

You should note that insurance plans that existed before March 23, 2010, and have been "grandfathered" into the system may be exempt from some provisions.  You can learn more here.  

 

Premium subsidies and tax credits to make insurance more affordable 

 

Federal subsidies in the form of premium tax credits to make the coverage more affordable will be available to consumers meeting income requirements.  U.S. citizens and legal immigrants who purchase coverage in the new health insurance exchanges and who have income up to 400% of the federal poverty level ($43,320 for an individual or $88,200 for a family of four in 2009) will be eligible for Federal subsidies. 

 

To be eligible for these tax credits, individuals must not be eligible for Government coverage - including Medicaid, the Children's Health Insurance Program, Medicare, or military coverage - and must not have access to health insurance through an employer.  

 

Cost-sharing subsidies that reduce a plan's deductibles, co-payments and total out-of-pocket costs will be available to people with incomes up to 250 percent of the poverty level, or about $29,000.

 

You can use this subsidy calculator developed by the Kaiser Family Foundation to see what your costs may be. (There is an exception in cases when the employer plan does not cover at least 60 percent of covered benefits on average or the employee share of the premium exceeds 9.5% of the employee's income.)   

 

There will be insurance "navigators" available in each State to help individuals understand the marketplaces.  However, the amount of help available depends on how actively and publicly the State is moving forward with ACA implementation.  Some states have passed laws restricting navigators or other organizations from explaining the law to the public. 

 

Good sources of information about the exchanges include a National Patient Advocate Foundation guide, the Department of Health and Human Services, and the Kaiser Family Foundation.   

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Medicare

Medicare

 

Seniors are not affected by the Affordable Care Act.

 

The Affordable Care Act does not affect Medicare patients except that it gradually reduces the amount that Medicare Part D enrollees are required to pay for their prescriptions when they reach the coverage gap.  The ACA also added numerous preventive services for Medicare patients.

 

Here is more information about Medicare and the ACA.  

 

A word to the wise:  This is the time of year, as we approach the separate Medicare Enrollment Open Season from October 15 to December 7,  that Medicare patients may be solicited by advertising from various insurance companies suggesting they change their Medicare plan.

 

Comment:  Medicare Advantage plans try to entice customers with promises of additional benefits such as vision care or gym membership.  Be aware that these "Medicare Advantage" plans are run by private companies just like an HMO is run.  That means less choice of doctors, referral requirements and other restrictions on the care you can get that do not exist in traditional Medicare (Medicare A and B).

 

I always counsel our clients to stick with traditional Medicare Part A (hospitalization) and Part B (outpatient), Part D (prescription drug plan) and to purchase a Medigap supplement.  If you want to switch OUT of an Advantage plan into traditional Medicare, there is a way to do that.  We can help.  

 

The open season is a good time to review your Part D prescription plan to make sure you're using the best plan for your circumstances.  We can help you in that process.
   

  

 

 

 

Medicaid

Medicaid

 

Poor people in States that have chosen not to expand Medicaid eligibility will be left behind.  

  

There is one group of people that will be hurt by the decisions made by individual States about how to implement the Affordable Care Act:  poor people in States that have decided not to expand Medicaid.

 

A key element of the ACA was to expand eligibility for Medicaid, the existing insurance program for poor parents with children and the disabled.  Single adults previously were generally not eligible for Medicaid.

 

The ACA sought to make Medicaid available to an estimated 16 million additional people, including single adults.  As written, the law would have expanded Medicaid eligibility to those earning 138% or less of the federal poverty level, (FPL) about $15,856 a year for an individual.  The Federal government is funding 100% of this State-level Medicaid expansion through 2019 when it will decrease to 90% and the States will pick up the remaining 10%.

 

However, the U.S. Supreme Court in 2012 determined that each U.S. State could decide whether or not to participate in this expansion of Medicaid.  As of September 2013, 26 states have said yes to expansion, 22 have said no and three are still debating.

 

The States that are not moving forward with the expansion already have more limited Medicaid eligibility than states moving forward. For example, a Medicaid parent in these states has a median Medicaid eligibility level of 48% of the FPL.

 

Nearly half (46%) of the 2.54 million non-elderly uninsured with incomes at or below 138% FPL (the ACA level) live in 21 states that will not expand Medicaid.  In the South, more than 8 in 10 uninsured individuals with incomes at or below 138% FPL live in states whose governors and legislatures have decided not to expand Medicaid, according to a Kaiser Family Foundation analysis.

 

Individuals with incomes below 100% of poverty level are not eligible to receive Federal subsidies to purchase coverage in the new marketplaces because they were supposed to be covered by the Medicaid expansion. 

 

Therefore, there will be large gaps in coverage and millions of poor citizens will not have access to affordable coverage options in the States that do not intend to expand Medicaid (which the Federal government would have paid for fully).         

   

  

 

 

 

Resources

Here are some good sources for further research:

Henry J. Kaiser Family Foundation - Health Reform FAQs

 

Henry J. Kaiser Family Foundation - For Consumers: Understanding Health Reform

 

Henry J. Kaiser Family Foundation information on health insurance marketplaces

 

Henry J. Kaiser Family Foundation subsidy calculator   

 

A short video explaining the law  

 

National Public Radio "Demystifying the Healthcare Law" 

   

Enroll America - Learn About the New Law

 

Families USA

 

U.S. Department of Health and Human Services

 

National Patient Advocate Foundation guide on marketplaces