Can Obama Fix Health Care Cancellations?

The president says he’s looking for a solution, but experts don’t see many options.

President Barack Obama speaks at Temple Emanu-El November 6, 2013 in Dallas, Texas.
National Journal
Nov. 11, 2013, 7:12 a.m.

Pres­id­ent Obama says he’s look­ing for a “fix” to ad­dress can­celled in­sur­ance plans. That doesn’t mean he’ll find one.

Obama has dir­ec­ted his health care ad­visers to look for a way to deal with the wave of can­cel­la­tion no­tices hit­ting some poli­cy­hold­ers. But health policy ex­perts have no idea what the White House could ac­tu­ally do to al­le­vi­ate the stick­er shock some con­sumers are fa­cing.

“I can’t ima­gine what they’re think­ing about,” said Tim Jost, a Wash­ing­ton & Lee Uni­versity law pro­fess­or and an ex­pert on the Af­ford­able Care Act.

Policy wonks on both sides of the health care de­bate held open the pos­sib­il­ity that the ad­min­is­tra­tion will come up with something — there have been too many sur­prises already in the im­ple­ment­a­tion pro­cess to rule any­thing out. But it’s hard to see what the White House could do, on its own and spe­cific­ally without Con­gress, that would make much of a dif­fer­ence.

That’s partly be­cause these plan can­cel­la­tions are not a side ef­fect of the Af­ford­able Care Act. The ad­min­is­tra­tion knew they were com­ing, and they were an in­ev­it­able part of the re­forms the law makes to the mar­ket for in­di­vidu­al in­sur­ance policies.

Weak­en­ing the reg­u­la­tions that led to plan can­cel­la­tions might not make any dif­fer­ence at all, or might un­der­mine the ba­sic struc­ture of the law. And try­ing to simply of­fer more as­sist­ance to people los­ing their plans would re­quire con­gres­sion­al ap­prov­al — which, of course, Obama wouldn’t get.

An ad­min­is­tra­tion of­fi­cial con­firmed that the White House is look­ing for ad­min­is­trat­ive fixes, not le­gis­lat­ive ones. That would ap­pear to rule out high­er sub­sidies to help people pay for cov­er­age, an idea floated to The Huff­ing­ton Post after Obama’s in­ter­view.

Obama him­self ac­know­ledged in last week’s NBC News in­ter­view that he doesn’t think the can­cel­la­tions them­selves are a prob­lem. He apo­lo­gized for the con­fu­sion and dis­rup­tion the no­tices have caused, but main­tained that most people would get a bet­ter deal by pur­chas­ing cov­er­age through the health care law’s new mar­ket­places.

“We really be­lieve that ul­ti­mately they’re go­ing to be bet­ter off,” Obama said.

The people hurt most by plan can­cel­la­tions are healthy con­sumers who were able to get cheap policies with de­cent cov­er­age, and who are too wealthy to qual­i­fy for Obama­care’s in­sur­ance sub­sidies. They are “losers” now be­cause they were “win­ners” un­der the old sys­tem, in which in­surers set premi­ums for each in­di­vidu­al plan based on the health of the in­di­vidu­al buy­ing it.

That sys­tem put people with preex­ist­ing con­di­tions at a huge dis­ad­vant­age — and that’s the im­bal­ance the Af­ford­able Care Act tries to cor­rect by mov­ing healthy people in­to the same risk pool as sick people.

So, leav­ing those healthy cus­tom­ers on their old plans just to solve a polit­ic­al head­ache might only help prop up the two-tiered sys­tem Obama­care was de­signed to end.

Even if the ad­min­is­tra­tion could find a middle ground, weak­en­ing or delay­ing cer­tain reg­u­la­tions might not make much dif­fer­ence.

In­sur­ance com­pan­ies have already set their premi­ums for 2014, so the high­er prices some con­sumers are ex­per­i­en­cing aren’t go­ing to change this year. And in­surers’ busi­ness mod­els already ac­count for mov­ing people in­to the health care law’s new in­sur­ance mar­ket­places.

“In short, I’m flum­moxed,” Uni­versity of Michigan law pro­fess­or Nich­olas Bagley wrote at the In­cid­ent­al Eco­nom­ist blog. “Maybe the ad­min­is­tra­tion has something cre­at­ive up its sleeve, and it’s cer­tainly prudent to re­serve any kind of fi­nal judg­ment un­til we learn more. For now, though, col­or me skep­tic­al.”

What We're Following See More »
FOUR JOURNALISTS AND A NEWSPAPER HONORED
Time Awards Person of the Year to "The Guardians"
36 minutes ago
THE LATEST
SAYS THEY'RE BLACKMAILING HIM
Jerome Corsi Sues Mueller, Agencies for $350M
1 days ago
THE LATEST

"The conservative writer and conspiracy theorist Jerome Corsi filed a lawsuit on Sunday accusing special counsel Robert Mueller of blackmailing him to lie about President Donald Trump in the investigation of Russian interference in the 2016 election. The suit, which seeks $350 million in actual and punitive damages in U.S. District Court in Washington, was filed six days after Corsi entered a formal complaint with the Justice Department alleging prosecutorial misconduct by Mueller." Corsi alleges that Mueller illegally leaked information from the grand jury, and that Mueller's team "threatened him with prison unless he agreed to testify falsely that he served as a liaison between WikiLeaks founder Julian Assange and the Republican political strategist Roger Stone."

Source:
BOTH SIDES' POSITIONS HAVE HARDENED OVER BORDER
Trump Meeting with Schumer, Pelosi on Tuesday
1 days ago
THE LATEST

"A year-end spending deal to fund one-quarter of the federal government rests on a critical meeting this week between President Trump and two top Democrats. Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Nancy Pelosi, D-Calif., will meet with Trump Tuesday morning to talk about what agreement the two sides can reach, if any, when it comes to funding for a southern border wall."

Source:
COHEN ASSISTING INVESTIGATION
Prosecutors Looking at Other Figures in Trump Org.
1 days ago
THE LATEST

In the wake of Michael Cohen's guilty plea, "the federal prosecutors in Manhattan shifted their attention to what role, if any, Trump Organization executives played in the campaign finance violations, according to people briefed on the matter. Mr. Cohen, Mr. Trump’s self-described fixer, has provided assistance in that inquiry, which is separate from the investigation by the special counsel, Robert S. Mueller III."

Source:
FINANCIAL CRIMES, PLUS LYING TO CONGRESS
Mueller Requests Four-Year Prison Time for Cohen
3 days ago
THE LATEST

"Michael Cohen, President Trump’s former lawyer, should receive a “substantial” prison term of roughly four years, federal prosecutors in New York said on Friday. Mr. Cohen, 52, is to be sentenced in Manhattan for two separate guilty pleas: one for campaign finance violations and financial crimes charged by federal prosecutors in Manhattan, and the other for lying to Congress in the Russia inquiry, filed by Mr. Mueller’s office."

Source:
×
×

Welcome to National Journal!

You are currently accessing National Journal from IP access. Please login to access this feature. If you have any questions, please contact your Dedicated Advisor.

Login