Health Care Reform Where Will We Be at the End of 2012? Penn-Ohio Regional Health Care Alliance

Similar documents
Overview to the Upcoming Supreme Court Decision on the ACA. Jane Perkins, Legal Director, National Health Law Program June 14, 2012

Political Science 10: Introduction to American Politics Week 6

Impact of the Election on the ACA

Health Care Reform & the 2012 Election

Government Affairs Update Eastern Region Conference June 5, Neil Reichenberg Executive Director IPMA-HR

The Judicial Role in Health Policy: Overview of the Affordable Care Act Litigation

Healthcare 411: What You Need to Know About How the New Law Affects YOUR Business and How NFIB is Fighting For YOU! July 28, 2010

Supreme Court Upholds the Affordable Care Act

Health Care Reform: The Sequel

Molina Health Advocacy Newsletter

Media Guide. The Supreme Court and the Health Care Case

ACA Roundtable. Western Pension & Benefits Council, Seattle Chapter. March 21, 2017

The U.S. Supreme Court Decision & Patient Protection and Affordable Care Act: What It Means for Clinical Gastroenterology

Article I. Article III. Article IV. Article V. Article VI. Article VII

AP Government and Politics THE US CONSTITUTION STUDY GUIDE Available at:

Supreme Court Upholds Landmark Federal Health Care Legislation

Legal Overview of Potential Challenges to House Bill Diego Woody Rodriguez, General Counsel August 15, 2017

IMPORTANT INFORMATION FOR AMBASSADORS

Impact of the 2016 Election on the Affordable Care Act

The Threat Continues. Medicaid, the Budget, and Deficit Reduction: The Bottom Line: Our Message on Medicaid and the Super Committee Process

Bits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM)

AP Government THE US CONSTITUTION STUDY GUIDE

REPUBLICANS WIN SOLID MAJORITY IN SENATE

The American Health Care Act: Overview

UNTANGLING THE KNOTS What s Possible for Health Reform Efforts

Impact of the 2016 Elections and SCOTUS Vacancy / Nomination to the Affordable Care Act

Policy and Political Implications of the Supreme Court Case on the Affordable Care Act Kaiser Family Foundation March 14, 2012

This assignment must be completed in your own words. Copying or sharing answers is unacceptable and will face academic dishonesty consequences.

Ch. 5 Test Legislative Branch Government

Covering Republican Efforts to Repeal and Replace the ACA

1. The Obama Administration unilaterally granted a one-year delay on all Obamacare health insurance requirements.

A Summary of the U.S. House of Representatives Fiscal Year 2013 Budget Resolution

Legal Challenges to the Affordable Care Act

An Update on Health Reform. Jessica Waltman Senior Vice President of Government Affairs, National Association of Health Underwriters March 3-4, 2015

ADVISORY Health Care SUPREME COURT RULES ON THE CONSTITUTIONALITY OF THE AFFORDABLE CARE ACT. June 29, 2012

due date: Monday, August 29 (first day of school) estimated time: 3-4 hours (for planning purposes only; work until you finish)

Texas and Federalism Dr. Michael Sullivan. Texas State Government GOVT 2306

T. Rowe Price Forum. INSIDE WASHINGTON: How 2015 Ended and What to Expect From2016. Michael Hadley Davis & Harman LLP

Name Due Date: September 9, AP US Government & Politics Unit I: Constitutional Underpinnings and Federalism THE US CONSTITUTION STUDY GUIDE

Courts, Judges, and the Law

Nos & IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

PPACA's Impact: The Election, 2013 and Beyond

American Hospital Association Federal Update November 11, 2014

AP U.S. Government Summer Assignment 2016

How Hard (or Easy) It Will Be for Trump to Fulfill His 100-Day Plan. By LARRY BUCHANAN, ALICIA PARLAPIANO and KAREN YOURISH NOV.

Senior Advocates Coalition Muskegon, Ottawa & Oceana Counties MEMORANDUM. Save the Date

HEALTH CARE AND CONSTITUTIONAL CHAOS: WHY THE SUPREME COURT SHOULD UPHOLD THE AFFORDABLE CARE ACT

AP Government THE US CONSTITUTION Available at: Wilson text pages A4-A20 (Appendix at the end of the book)

AP AMERICAN GOVERNMENT UNIT 5: GOVERNMENT INSTITUTIONS FRQ s

Class Period THE US CONSTITUTION. 2. Compare Article I with Article II. Which article is longer and more detailed? WHY do you suppose it s longer?

Chapter Three Assignment

AP Gov - Plank Summer Assignment - The Constitution Name: Prd:

Health Reform. A Guide to the Supreme Court s Review of the 2010 Health Care Reform Law

FCAA ADVOCACY NETWORK: January Webinar January 30, 2017

AP US Government & Politics Summer Assignment 2017

Legislative Report Tennessee Government Finance Officers Association October 23, 2015

Healthcare in America

CONGRESSIONAL ELECTIONS

ACA REPLACEMENT BILL WITHDRAWN

The Trump Administration and the 115th Congress: The Washington Outlook for HR Public Policy

(ISTOCKPHOTO) Exam 6B Notes

The Human Needs Report

Legislative Branch Unit Day Section Standard(s) Focus

OVERVIEW OF CONGRESSIONAL APPROPRIATIONS

The Congress 113th Congress (ISTOCKPHOTO)

5/5/2015. AP GOPO Late Start Review Session. Top 21 Most Tested Concepts. 1. The Articles of Confederation. 2. The Federalist Papers

NACo analysis: potential county impacts of the executive order on Enhancing Public Safety in the Interior of the United States

Public Opinion on Health Care Issues March 2012

Lesson 2 American Government

A Spring Cheat Sheet

MBE Constitutional Law Sample

AP United States Government & Politics EXAM: Congress and the Presidency, Ch. 12 & 13

Federal Advocacy Update: Health Care and the Deficit Reduction Debate

Social Studies Curriculum High School

1. The debates between Federalists and Anti-Federalists were primarily about which of the following issues?

YOUR TASK: What are these different types of bills and resolutions? What are the similarities/differences between them? Write your own definition for

Public Opinion on Health Care Issues

AP Government Practice Exam I

Council President James A. Klein s memo to members: policy priorities will need to overcome partisan conflict

CHAPTER 11 POWERS OF CONGRESS AND CHAPTER 12 CONGRESS IN ACTION Monster Packet

AP US Government Top 20 Topics

Due Date: Monday, August 20 th, 2018 (first day of school)

Presented by: Jeff Bush

Introduction to the Federal Budget Process

Separation of Powers

The US Constitution. Articles of the Constitution

The Legislative Branch UNIT 2

RURAL HEALTH CARE SYMPOSIUM FEBRUARY 19, 2015

Florida HIV/AIDS Comprehensive Planning Network (FCPN) November 1-3, 2017 Tampa, FL

Federal Public Policy Issues Update: A New Year and A Clean Slate. CNM DPG Symposium 2017 March 21, :00 10:00 a.m.

Congressional Budget Action for Fiscal Year 2012 and its Impact on Education Funding Jason Delisle, Federal Education Budget Project

Unit 4 Learning Objectives

Summer Assignment DUE ON THE 1 st DAY OF CLASS

Federal Policy Update

Affordable Care Act & Legislative Update

The Six Basic Principles

The United States Constitution & The Illinois Constitution. Study Guide

Primer on the 115 th Congress

Election 2016 Predictions and Impact

Health Policy: National Issues Litigation Concerning Health Care Reform. Robert Schapiro April 11, 2012

Transcription:

Health Care Reform Where Will We Be at the End of 2012? Penn-Ohio Regional Health Care Alliance Crystal Kuntz, Senior Director Government Policy Coventry Health Care February 23, 2012

Overview of Presentation Affordable Care Act and the Supreme Court Impact of the Elections on the Affordable Care Act 2

3 Affordable Care Act (ACA) and the Supreme Court

4

What Are the Issues? The Supreme Court will consider the constitutionality of two major provisions of the ACA: Individual Mandate Medicaid expansion 5

Individual Mandate What is the individual mandate? The minimum essential coverage provision of the ACA, commonly referred to as the individual mandate, requires most individuals to maintain a minimum level of health insurance coverage beginning in 2014 If a person doesn t satisfy this requirement, a financial penalty applies Percent of household income, with a floor and a cap Employers with 50+ employees must offer minimum essential coverage or pay a penalty 6

Medicaid Expansion How was Medicaid expanded in the ACA? Today, Medicaid largely covers low-income women and children as well as those eligible for Supplemental Security Income (low income and disabled) ACA expanded Medicaid s mandatory coverage group to include nearly all people under age 65 with household income at or below 133% of the federal poverty level, effective beginning in 2014 Federal government to cover 100% of costs in 2014, declining to 90% in 2020 The Congressional Budget Office estimates this expansion will cover approximately 16 million individuals 7

Cases Before the Supreme Court Who: The National Federation of Independent Business (NFIB) and two individual plaintiffs who do not have health insurance Argument: The individual mandate is not a valid exercise of Congress powers, including powers to regulate commerce and levy taxes Who: State of Florida, joined by 25 other states Argument: The Medicaid expansion is an unconstitutional exercise of Congress Spending Clause power; also challenging individual mandate Source: Kaiser Family Foundation 8

What Did the Federal Appellate Courts Say? Plaintiffs Standing 3 rd Circuit No standing Anti- Injunction Act 4 th Circuit ACA cases barred Individual Mandate 6 th Circuit Upheld 8 th Circuit No standing 9 th Circuit No standing Medicaid Expansion 11 th Circuit Struck down Upheld DC Circuit Upheld Source: Kaiser Family Foundation 9

Issues Before the Court Constitutionality of Individual Mandate and Medicaid Expansion Congressional power Commerce Clause Two issues related to the individual mandate Whether the individual mandate is severable from the rest of the ACA Whether the Anti-Injunction Act prevents courts from deciding lawsuits until the mandate s financial penalty is in effect 10

What is the Timeline? Nov 14, 2011 Supreme Court Grants Certiorari March 26-28 Oral Arguments January Mid March Briefs Filed Late June 2012 Supreme Court Decision 11

Three Days of Oral Arguments - Unprecedented March 26 Tax Anti-Injunction Act One hour of arguments on whether challenges to the individual insurance mandate are prohibited until 2015 by the federal Anti Injunction Act March 27 Individual Mandate Two hours of arguments on the central issue in the case, the constitutionality of the minimum coverage provision March 28 Severability, Medicaid 90 minutes of arguments on whether the minimum coverage provision may be severed from the ACA; one hour on whether Congress was entitled to expand the scope of Medicaid. 12

13 What is the Likely Outcome?

Possible Scenarios Source: Kaiser Family Foundation 14

Impact of Severability If individual mandate found unconstitutional: Plaintiffs argue entire ACA should be struck down as law will not function as intended by Congress Federal government argues that only the guaranteed issue and community rating provisions should be invalidated along with the mandate Wouldn t work without mandate Other provisions unrelated to the mandate Under this scenario, all other market reforms would remain in place (e.g., coverage for young adults, free preventive care, lifetime and annual limits, etc.) 15

16 Where Will the Court Land?

17 Public s Views Largely Track Their Views of ACA in General

Justice to Watch Appointed by President Reagan in 1988 Swing vote Hard to predict 18

Summary Hard to predict outcome; no consensus in where Court will land Mandate is the issue to watch More surgical view of the ACA (i.e., mandate unconstitutional but severable along with guaranteed issue and community rating provisions) could be a landing point for the Court 19

20 Now to Make Matters Even More Complex (and Unclear) The 2012 Elections

Election Season after the Court Ruling How will the Supreme Court ruling affect the electorate? ACA upheld or overturned in its entirety would likely have a strong effect in mobilizing the bases of both parties at the height of the campaign season Republican opposition to the ACA tends to be stronger than Democrats support of it If mandate unconstitutional but severable, complicates the advocacy on both sides However, Obama would be able to focus on the pieces of the law that had less opposition (e.g., insurance reforms) 21

22 Presidential Election Polls Show Obama Advantage but It s Early

23 Obama s Job Approval Rating Starting to Creep Up, Congress Rating Abysmal

Senate Likely to Turn Red in 2013 Source: Realclearpolitics.com Even with a majority, in Senate key number is 60 seats to overcome a filibuster. Highly unlikely either side will reach that number. 24

Battle for the Senate by State Source: Realclearpolitics.com 25

A Republican Senate and House is Increasingly Likely Senate House In either scenario Presidential Election scenario, a Republican Senate, in addition to House, is likely outcome.? 26

Post-Election Impact on ACA: Obama White House Republican Congress Mandate Constitutional or Severable: Senate House House passes repeal Senate repeal unlikely without 60 votes; could pass efforts to defund (budget matters ~ 50 votes) Efforts to defund vetoed by President; need 2/3 to override Result: Status quo re: ACA itself(except for provisions related to mandate in severability option). Expect high levels of scrutiny from Congress, many oversight hearings Will Obama administration continue on current path re: implementation (e.g., state flexibility)? Will most states implement their own exchanges, including those that opposed reforms? 27

Post-Election Impact on ACA: Republican White House & Congress Mandate Constitutional or Severable:? Potential Actions Presidential Executive Order limited power; cannot eliminate a law Could influence ACA implementation through regulations, including delaying regulations, granting waivers or through other avenues (could result in legal challenges) Senate House Potential Actions: House passes repeal Senate repeal unlikely without 60 votes; could pass efforts to defund (budget matters ~ 50 votes) or repeal portions of law while keeping provisions already in effect or replace with alternate plan Result: President likely to sign changes that are passed unless they don t go far enough Conclusion: Path not necessarily clear even with Republican control of both the White House and Congress 28

29 What Does the Public Want?

30 When Public Opinion isn t Always Consistent?

Summary Many moving parts and potential scenarios One potential path: Mandate unconstitutional but severable Obama White House/Republican Congress Lots of activity, but little changes with law itself Will there be a federal exchange operating in states that opposed ACA? Republican White House/Republican Congress Even if both branches in Republican control, no guarantee they will work together, especially considering Senate s close R/D makeup and range of opinions on the right 31