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The Supreme Court’s Ruling
   A not-for-profit
 health and tax policy
                         on the Affordable Health
                         Care Act: What’s Next?
research organization




                          Grace-Marie Turner
                          August 14, 2012
                          Council of State Manufacturers Association
   /GalenInstitute
   www.galen.org
www.galen.org
Source: Ari Melber,”POLL: Half of Americans Don‟t Know How Court Ruled on Healthcare,” The Nation, July 4, 2012,
http://www.thenation.com/blog/168720/poll-half-americans-dont-know-how-court-ruled-healthcare#.
A not-for-profit
 health and tax policy
research organization




   /GalenInstitute
   www.galen.org
What supporters highlight:

– “Free” preventive care
– Allowing “children” up to age 26
  on parents’ policies
– Pools for pre-existing condition
  policies
– $250 for seniors with high drug
  costs
Americans’ views
                              of Supreme Court decision
    • Americans say the health law will make things
      worse rather than better for taxpayers,
      businesses, doctors, and those who currently have
      health insurance.
    • Health care will be an extremely or very important
      issue for 82% of Americans in deciding their vote
      for the president in November.
    • Opposition to the law is higher now than before
      the Supreme Court decision.

Sources: “Americans: Healthcare Law Helps Some, Hurts Others ,” Gallup, July 16, 2012, http://www.gallup.com/poll/155726/Americans-Healthcare-Law-
Helps-Hurts-Others.aspx. The New York Times/CBS News Poll, July 11-16, 2012, http://s3.documentcloud.org/documents/402362/jul12a-ocr.pdf. “Kaiser
Health Tracking Poll,” The Kaiser Family Foundation, July 2012, http://www.kff.org/kaiserpolls/upload/8339-C.pdf
Source: Kaiser Family Foundation, July 2012.
What ObamaCare really does
   Expands taxpayer subsidies to +/- 30 million people
   Citizens required to purchase approved health insurance or
    face new taxes
   Most employers required to offer coverage
   Significant new federal regulation of the health sector with
    159 new federal regulatory agencies and programs
   Medicaid may or may not be expanded by states
   Cuts in Medicare spending; IPAB rationing board
  Financed by
   $741 billion in cuts to Medicare
   $569 billion in new taxes and penalties


                                              Real cost: $2.6 trillion over 10 years

Source: “Letter to the Honorable John Boehner providing an estimate for H.R. 6079, the Repeal of Obamacare Act,” Congressional Budget Office, July
24, 2012, http://cbo.gov/publication/43471.
Two issues:
Taxes. Trust.
Source: Alison Meyer, “Chart of the Week: Obamacare‟s 17 New Taxes,” The Heritage Foundation, March 25, 2012,
ttp://blog.heritage.org/2012/03/25/chart-of-the-week-obamacares-17-new-taxes/.
ObamaCare’s New Taxes




Source: Philip Dittmer and William McBride, “Obamacare's New Taxes, And How You May Be Affected,” Tax Foundation, July 5, 2012,
http://taxfoundation.org/blog/obamacares-new-taxes-and-how-you-may-be-affected.
More ObamaCare Taxes




Source: Philip Dittmer and William McBride, “Obamacare's New Taxes, And How You May Be Affected,” Tax Foundation, July 5, 2012,
http://taxfoundation.org/blog/obamacares-new-taxes-and-how-you-may-be-affected.
Do you think the health care reform plan that
            Congress passed recently will increase, decrease,
               or have no effect on each of the following:


               Taxes

               Federal Deficit

               Health Care Costs

               Insurance Premiums

               Health Care
               Quality


Source: AM&A, Resurgent Republic 1st Anniversary Survey of Likely Voters, April 25-27, 2010
Trust: Costs won’t fall by $2,500/family

  CBO:
        The law will raise some family premiums by
        $2,100 in 2016 above what they would have
        been without the reform law
        Health insurance already has increased by
        $1,700 for the average family since 2009 to
        $15,073 in 2011
      Richard S. Foster, Chief Actuary, “Estimated Financial Effects of the Patient Protection and Affordable Care Act, as Amended,” U.S. Department of Health and Human
      Services, Centers for Medicare & Medicaid Services, Office of the Actuary, April 22, 2010, www.cms.gov/ActuarialStudies/Downloads/PPACA_2010-04-22.pdf.
      Congressional Budget Office and the Joint Committee on Taxation, “An Analysis of Health Insurance Premiums Under the Patient Protection and Affordable Care Act,”
      November 30, 2009, www.cbo.gov/ftpdocs/107xx/doc10781/11-30-Premiums.pdf.
      “Employer Health Benefits 2011 Annual Survey,” The Kaiser Family Foundation and Health Research & Educational Trust, September 27, 2011,
      http://ehbs.kff.org/pdf/2011/8225.pdf.



www.galen.org
TRUST:
 “If you like your health insurance…”
         • 51 to 80% of Americans will lose current
           coverage, according to Obama admin. estimates
         • CBO: Up to 20 million could lose job-based plans
         • McKinsey: Up to 80 million will be forced to change
           policies
         • Child-only policies will vanish in 17 states
         • 35 million more will move from job-based insurance to
           taxpayer-subsidized exchanges
“Fact Sheet: Keeping the Health Plan You Have: The Affordable Care Act and „Grandfathered‟ Health Plans,” U.S. Department of Health and Human Services, HealthReform.gov,
http://www.healthreform.gov/newsroom/keeping_the_health_plan_you_have.html.
"CBO and JCT's Estimates of the Effects of the Affordable Care Act on the Number of People Obtaining Employment-Based Health Insurance," Congressional Budget Office, March 2012,
http://www.cbo.gov/publication/43082.
ShubhamSinghal, JerisStueland, and Drew Ungerman, “How US health care reform will affect employee benefits,” McKinsey Quarterly, June 2011,
www.mckinseyquarterly.com/Health_Care/Strategy_Analysis/How_US_health_care_reform_will_affect_employee_benefits_2813.
“Health Care Reform Law‟s Impact on Child-Only Health Insurance Policies,” Senate Committee on Health, Education, Labor and Pensions, August 2, 2011,
http://www.help.senate.gov/imo/media/doc/Child-Only%20Health%20Insurance%20Report%20Aug%202,%202011.pdf.
Douglas Holtz-Eakin and Cameron Smith "Labor Markets and Health Care Reform: New Results," American Action Forum, May 27, 2010,
http://americanactionforum.org/sites/default/files/OHC_LabMktsHCR.pdf.



www.galen.org
Source: Frank Hill, “The High Cost Impact of More Regulation and Admin/Executive Staff on Health Care Inflation,” Telemachus, July 22, 2012,
http://www.telemachusleaps.com/2012/07/the-high-cost-impact-of-more-regulation.html.
Studies on employers’ plans
   Deloitte
   • 1 in 10 plan to drop coverage; 1/3 considering it
   Mercer
   • 60% expect higher costs
   • Up to 46% plan changes to avoid penalties
   • 56% were waiting until after SCOTUS to plan; 11% will
     wait until after November
   National Business Group on Health
   • Health costs expected to rise by 7% next year
   • 60% expect to increase employees’ premium share
Sources: “2012 Deloitte Survey of U.S. Employers: Opinions about the U.S. Health Care system and Plans for Employee Health Benefits,” Deloitte Center for Health Solutions &
Deloitte Consulting, July 2012, http://www.deloitte.com/assets/Dcom-UnitedStates/Local%20Assets/Documents/us_dchs_employee_survey_072512.pdf; “Large Employers‟ 2013
Health Plan Design Survey,” National Business Group on Health, August 2012, http://www.businessgrouphealth.org/pressrelease.cfm?ID=201; “Health Reform Poses Biggest
Challenges to Companies with the Most Part-Time and Low-Paid Employees,” Mercer LLC, August 8, 2012, http://www.mercer.com/press-releases/1472805.
NBGH Large employer survey




Source: “Large Employers‟ 2013 Health Plan Design Survey,” National Business Group on Health, August 2012,
http://www.businessgrouphealth.org/pressrelease.cfm?ID=201.
New Mercer study on employer plans
  w Mercer study on what employers expect




Source: “Health Reform Poses Biggest Challenges to Companies with the Most Part-Time and Low-Paid Employees,” Mercer LLC, August 8, 2012,
http://www.mercer.com/press-releases/1472805.
Generous Subsidies in Exchanges
  Examples:
  • A person earning $42,000 a year with a family of
    4 qualifies for $14,759 in new health insurance
    subsidies
  • A single person earning $20,600 qualifies for
    $5,156 in new health insurance subsidies

  But only if employer doesn‟t offer coverage or if it‟s
  not “affordable” (costs >9.5% of income)

www.galen.org
Employer mandate penalties
  For companies with +50 employees
  • $2,000 per year per employee for not providing
    coverage (minus first 30)

  • $3,000 per year for any employee getting
    insurance through the Exchanges

  * If an employer offers employee-only coverage
  that‟s “affordable” to the worker, family members
  are not eligible for Exchange subsidies

www.galen.org
An onslaught of bureaucracy

• Exchange regs issued March 12; final rules
  after the election
• States to decide content of
  Essential Health Benefit packages
• Cato believes legislators can protect against
  employer mandate penalties by not setting up
  exchanges.
State Action (or not) Re: Exchanges




Source: “State Action Toward Creating Health Insurance Exchanges, as of August 1, 2012,” The Henry J. Kaiser Family Foundation,
http://www.statehealthfacts.org/comparemapdetail.jsp?ind=962&cat=17&sub=205&yr=1&typ=5.
Health care in 2012
   • Legislation
     Depends upon the outcome of the election
   • Regulation
     13,000+ pages so far
   • Legal
     Many other court challenges continue
   • Political
     The voters will ultimately decide on Nov. 6


www.galen.org
Some realities




www.galen.org
Widespread pushback
• Economic nightmare
  – Killing jobs and suffocating economic recovery
  – 46% of doctors plan to leave practice


• Impossible complexity
  – Multiple deadlines missed by Obama bureaucrats
  – Enormous costs, complexity, privacy issues
  – 13,000 pages of regulations -- so far

• Resistance from states
  – Balking at setting up exchanges or otherwise complying
  – Weighing Medicaid expansion
Americans agreed on goals for health reform…

       • The U.S. needs health reform to:
          – make coverage more affordable
          – assure quality, and
          – expand access to insurance
       • Most people rate their own coverage as good or
         excellent
       • They want stability. Change is for others.




www.galen.org
Growth of HSA-Qualified High-Deductible Health Plan
          Enrollment, Covered Lives (Millions),
              March 2005 to January 2012




     Note: Companies reported enrollment in the large- and small-group markets according to their internal reporting standards, or by state-specific
     requirements for each state. The “Other Group” category contains enrollment for companies that could not break down their group membership into
     large- and small-group categories within the deadline for reporting. The “Other” category was necessary to accommodate companies that were able
     to provide information on the total number of people covered by HSA/HDHP policies, but were not able to provide a breakdown by market category
     within the deadline for reporting


Source: AHIP Center for Policy and Research (May 2012).
Even Europeans going the other way

                    • Consumerism
                    • Value of private enterprise
                      and competition
                    • Doctor-patient relationship
                    • Decentralized
                      decision-making




www.galen.org
Why ObamaCare Is Wrong for America
          How does the health care law
          drive up costs?

          Is your doctor really in charge of
          your health care decisions?

          Are your Constitutional rights
          threatened?



          Discover the law’s impact on
          your life in a new book from
          four nationally recognized
          health policy experts

          Published by Broadside Books,
          an imprint of HarperCollins          www.WrongForAmericaBook.com


www.galen.org
Grace-Marie Turner
                         Galen Institute
   A not-for-profit
 health and tax policy
research organization
                         703-299-8900
                         gracemarie@galen.org

                         twitter.com/GalenInstitute
                         facebook.com/GalenInstitute

                         Subscribe to our free email alerts at
   /GalenInstitute
                         www.galen.org/subscribe
   www.galen.org

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August 14 Council of State Manufacturers Association

  • 1. The Supreme Court’s Ruling A not-for-profit health and tax policy on the Affordable Health Care Act: What’s Next? research organization Grace-Marie Turner August 14, 2012 Council of State Manufacturers Association /GalenInstitute www.galen.org
  • 2.
  • 4. Source: Ari Melber,”POLL: Half of Americans Don‟t Know How Court Ruled on Healthcare,” The Nation, July 4, 2012, http://www.thenation.com/blog/168720/poll-half-americans-dont-know-how-court-ruled-healthcare#.
  • 5.
  • 6. A not-for-profit health and tax policy research organization /GalenInstitute www.galen.org
  • 7. What supporters highlight: – “Free” preventive care – Allowing “children” up to age 26 on parents’ policies – Pools for pre-existing condition policies – $250 for seniors with high drug costs
  • 8. Americans’ views of Supreme Court decision • Americans say the health law will make things worse rather than better for taxpayers, businesses, doctors, and those who currently have health insurance. • Health care will be an extremely or very important issue for 82% of Americans in deciding their vote for the president in November. • Opposition to the law is higher now than before the Supreme Court decision. Sources: “Americans: Healthcare Law Helps Some, Hurts Others ,” Gallup, July 16, 2012, http://www.gallup.com/poll/155726/Americans-Healthcare-Law- Helps-Hurts-Others.aspx. The New York Times/CBS News Poll, July 11-16, 2012, http://s3.documentcloud.org/documents/402362/jul12a-ocr.pdf. “Kaiser Health Tracking Poll,” The Kaiser Family Foundation, July 2012, http://www.kff.org/kaiserpolls/upload/8339-C.pdf
  • 9. Source: Kaiser Family Foundation, July 2012.
  • 10. What ObamaCare really does  Expands taxpayer subsidies to +/- 30 million people  Citizens required to purchase approved health insurance or face new taxes  Most employers required to offer coverage  Significant new federal regulation of the health sector with 159 new federal regulatory agencies and programs  Medicaid may or may not be expanded by states  Cuts in Medicare spending; IPAB rationing board Financed by  $741 billion in cuts to Medicare  $569 billion in new taxes and penalties Real cost: $2.6 trillion over 10 years Source: “Letter to the Honorable John Boehner providing an estimate for H.R. 6079, the Repeal of Obamacare Act,” Congressional Budget Office, July 24, 2012, http://cbo.gov/publication/43471.
  • 12. Source: Alison Meyer, “Chart of the Week: Obamacare‟s 17 New Taxes,” The Heritage Foundation, March 25, 2012, ttp://blog.heritage.org/2012/03/25/chart-of-the-week-obamacares-17-new-taxes/.
  • 13. ObamaCare’s New Taxes Source: Philip Dittmer and William McBride, “Obamacare's New Taxes, And How You May Be Affected,” Tax Foundation, July 5, 2012, http://taxfoundation.org/blog/obamacares-new-taxes-and-how-you-may-be-affected.
  • 14. More ObamaCare Taxes Source: Philip Dittmer and William McBride, “Obamacare's New Taxes, And How You May Be Affected,” Tax Foundation, July 5, 2012, http://taxfoundation.org/blog/obamacares-new-taxes-and-how-you-may-be-affected.
  • 15.
  • 16. Do you think the health care reform plan that Congress passed recently will increase, decrease, or have no effect on each of the following: Taxes Federal Deficit Health Care Costs Insurance Premiums Health Care Quality Source: AM&A, Resurgent Republic 1st Anniversary Survey of Likely Voters, April 25-27, 2010
  • 17.
  • 18. Trust: Costs won’t fall by $2,500/family CBO: The law will raise some family premiums by $2,100 in 2016 above what they would have been without the reform law Health insurance already has increased by $1,700 for the average family since 2009 to $15,073 in 2011 Richard S. Foster, Chief Actuary, “Estimated Financial Effects of the Patient Protection and Affordable Care Act, as Amended,” U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services, Office of the Actuary, April 22, 2010, www.cms.gov/ActuarialStudies/Downloads/PPACA_2010-04-22.pdf. Congressional Budget Office and the Joint Committee on Taxation, “An Analysis of Health Insurance Premiums Under the Patient Protection and Affordable Care Act,” November 30, 2009, www.cbo.gov/ftpdocs/107xx/doc10781/11-30-Premiums.pdf. “Employer Health Benefits 2011 Annual Survey,” The Kaiser Family Foundation and Health Research & Educational Trust, September 27, 2011, http://ehbs.kff.org/pdf/2011/8225.pdf. www.galen.org
  • 19. TRUST: “If you like your health insurance…” • 51 to 80% of Americans will lose current coverage, according to Obama admin. estimates • CBO: Up to 20 million could lose job-based plans • McKinsey: Up to 80 million will be forced to change policies • Child-only policies will vanish in 17 states • 35 million more will move from job-based insurance to taxpayer-subsidized exchanges “Fact Sheet: Keeping the Health Plan You Have: The Affordable Care Act and „Grandfathered‟ Health Plans,” U.S. Department of Health and Human Services, HealthReform.gov, http://www.healthreform.gov/newsroom/keeping_the_health_plan_you_have.html. "CBO and JCT's Estimates of the Effects of the Affordable Care Act on the Number of People Obtaining Employment-Based Health Insurance," Congressional Budget Office, March 2012, http://www.cbo.gov/publication/43082. ShubhamSinghal, JerisStueland, and Drew Ungerman, “How US health care reform will affect employee benefits,” McKinsey Quarterly, June 2011, www.mckinseyquarterly.com/Health_Care/Strategy_Analysis/How_US_health_care_reform_will_affect_employee_benefits_2813. “Health Care Reform Law‟s Impact on Child-Only Health Insurance Policies,” Senate Committee on Health, Education, Labor and Pensions, August 2, 2011, http://www.help.senate.gov/imo/media/doc/Child-Only%20Health%20Insurance%20Report%20Aug%202,%202011.pdf. Douglas Holtz-Eakin and Cameron Smith "Labor Markets and Health Care Reform: New Results," American Action Forum, May 27, 2010, http://americanactionforum.org/sites/default/files/OHC_LabMktsHCR.pdf. www.galen.org
  • 20. Source: Frank Hill, “The High Cost Impact of More Regulation and Admin/Executive Staff on Health Care Inflation,” Telemachus, July 22, 2012, http://www.telemachusleaps.com/2012/07/the-high-cost-impact-of-more-regulation.html.
  • 21.
  • 22. Studies on employers’ plans Deloitte • 1 in 10 plan to drop coverage; 1/3 considering it Mercer • 60% expect higher costs • Up to 46% plan changes to avoid penalties • 56% were waiting until after SCOTUS to plan; 11% will wait until after November National Business Group on Health • Health costs expected to rise by 7% next year • 60% expect to increase employees’ premium share Sources: “2012 Deloitte Survey of U.S. Employers: Opinions about the U.S. Health Care system and Plans for Employee Health Benefits,” Deloitte Center for Health Solutions & Deloitte Consulting, July 2012, http://www.deloitte.com/assets/Dcom-UnitedStates/Local%20Assets/Documents/us_dchs_employee_survey_072512.pdf; “Large Employers‟ 2013 Health Plan Design Survey,” National Business Group on Health, August 2012, http://www.businessgrouphealth.org/pressrelease.cfm?ID=201; “Health Reform Poses Biggest Challenges to Companies with the Most Part-Time and Low-Paid Employees,” Mercer LLC, August 8, 2012, http://www.mercer.com/press-releases/1472805.
  • 23. NBGH Large employer survey Source: “Large Employers‟ 2013 Health Plan Design Survey,” National Business Group on Health, August 2012, http://www.businessgrouphealth.org/pressrelease.cfm?ID=201.
  • 24. New Mercer study on employer plans w Mercer study on what employers expect Source: “Health Reform Poses Biggest Challenges to Companies with the Most Part-Time and Low-Paid Employees,” Mercer LLC, August 8, 2012, http://www.mercer.com/press-releases/1472805.
  • 25. Generous Subsidies in Exchanges Examples: • A person earning $42,000 a year with a family of 4 qualifies for $14,759 in new health insurance subsidies • A single person earning $20,600 qualifies for $5,156 in new health insurance subsidies But only if employer doesn‟t offer coverage or if it‟s not “affordable” (costs >9.5% of income) www.galen.org
  • 26. Employer mandate penalties For companies with +50 employees • $2,000 per year per employee for not providing coverage (minus first 30) • $3,000 per year for any employee getting insurance through the Exchanges * If an employer offers employee-only coverage that‟s “affordable” to the worker, family members are not eligible for Exchange subsidies www.galen.org
  • 27. An onslaught of bureaucracy • Exchange regs issued March 12; final rules after the election • States to decide content of Essential Health Benefit packages • Cato believes legislators can protect against employer mandate penalties by not setting up exchanges.
  • 28. State Action (or not) Re: Exchanges Source: “State Action Toward Creating Health Insurance Exchanges, as of August 1, 2012,” The Henry J. Kaiser Family Foundation, http://www.statehealthfacts.org/comparemapdetail.jsp?ind=962&cat=17&sub=205&yr=1&typ=5.
  • 29. Health care in 2012 • Legislation Depends upon the outcome of the election • Regulation 13,000+ pages so far • Legal Many other court challenges continue • Political The voters will ultimately decide on Nov. 6 www.galen.org
  • 31. Widespread pushback • Economic nightmare – Killing jobs and suffocating economic recovery – 46% of doctors plan to leave practice • Impossible complexity – Multiple deadlines missed by Obama bureaucrats – Enormous costs, complexity, privacy issues – 13,000 pages of regulations -- so far • Resistance from states – Balking at setting up exchanges or otherwise complying – Weighing Medicaid expansion
  • 32. Americans agreed on goals for health reform… • The U.S. needs health reform to: – make coverage more affordable – assure quality, and – expand access to insurance • Most people rate their own coverage as good or excellent • They want stability. Change is for others. www.galen.org
  • 33. Growth of HSA-Qualified High-Deductible Health Plan Enrollment, Covered Lives (Millions), March 2005 to January 2012 Note: Companies reported enrollment in the large- and small-group markets according to their internal reporting standards, or by state-specific requirements for each state. The “Other Group” category contains enrollment for companies that could not break down their group membership into large- and small-group categories within the deadline for reporting. The “Other” category was necessary to accommodate companies that were able to provide information on the total number of people covered by HSA/HDHP policies, but were not able to provide a breakdown by market category within the deadline for reporting Source: AHIP Center for Policy and Research (May 2012).
  • 34. Even Europeans going the other way • Consumerism • Value of private enterprise and competition • Doctor-patient relationship • Decentralized decision-making www.galen.org
  • 35. Why ObamaCare Is Wrong for America How does the health care law drive up costs? Is your doctor really in charge of your health care decisions? Are your Constitutional rights threatened? Discover the law’s impact on your life in a new book from four nationally recognized health policy experts Published by Broadside Books, an imprint of HarperCollins www.WrongForAmericaBook.com www.galen.org
  • 36. Grace-Marie Turner Galen Institute A not-for-profit health and tax policy research organization 703-299-8900 gracemarie@galen.org twitter.com/GalenInstitute facebook.com/GalenInstitute Subscribe to our free email alerts at /GalenInstitute www.galen.org/subscribe www.galen.org