Republicans Have an Obamacare Replacement.

As usual Bob brings this into focus, and I hate to say this, but I agree with him.


Health Care Policy and Marketplace Review
A Health Care Reform Blog––Bob Laszewski's review of the latest developments in federal health policy, health care reform, and marketplace activities in the health care financing business.

MONDAY, FEBRUARY 3, 2014
The Republican Alternative to Obamacare––Their Aversion to Fixing It May Prove to Be a Political Mistake
The Republicans have an alternative to Obamacare and they may have given the Democrats a big political gift.

The proposal was unveiled last Monday by Republican Senators Richard Burr, (NC), Tom Coburn (OK), and Orrin Hatch (UT).

The Republican plan targets many of the most unpopular parts of the Affordable Care Act such as expensive mandated benefits and the resulting lack of choice, the individual mandate, the employer mandate, and age-rating disruptions.

My sense is that most independent voters––the ones that matter in an election-year––don't want Obamacare repealed; they want it fixed.

The problem for Republicans is that they have such a visceral response to the term "Obamacare" that they just can't bring themselves to fix it. The notion that Obamacare might be fixed and allowed to continue as part of an Obama legacy and as a Democratic accomplishment is something they can't get past.

So, the only way Republicans can propose an alternative to Obamacare is to first wipe the health insurance reform slate clean and start over.

There is a problem with that strategy. Have you heard the one about, "If you like your health insurance you can keep it?"

It is now 2014. The Affordable Care Act is law. The Republican alternative would mean taking lots of things away the Democrats will quickly pounce on:
Medicaid Expansion - The Republican alternative would "not expand" Medicaid––presumably rolling back the Medicaid expansion in each of the 24 states that have expanded it. By year-end, millions of Americans will have gained coverage. Who wants to tell these people now on Medicaid the Republican alternative only contemplates covering pregnant women, low-income children, and low-income families at the old levels? Twenty-four states that would see benefit cuts equates to 48 U.S. Senators.
Insurance Subsidies - The Republican alternative would offer health insurance premium subsidies for people up to 300% of the poverty level. Far fewer people than expected are buying Obamacare but that number will be well into the millions before long. Obamacare offers subsidies up to 400% of the poverty level meaning that lots of people would lose their subsidies––and they would be the voters who are solidly middle-class.
The Tax Exclusion for Employer-Based Health Insurance - There is no health insurance policy so sacred in America as the one a worker gets from their employer. The Republican alternative would cap the tax exclusion, currently at 100% of whatever the employer gives the worker and their family for health insurance, at 65% of the cost of the "average" cost of a policy. Democrats will quickly jump on this as a huge middle class tax increase and an attempt to undermine employer-based health insurance.
Lower Premiums for Older People - A controversial part of Obamacare was its requirement that older people can't be charged more than three times the premium of the youngest. That contributed to the rate shock that hit many people in the small group and individual market when Obamacare policies had to comply. Republicans would take people through the same political nightmare once again but in reverse this time. Their plan would cap rating differences at 5:1, thereby forcing older peoples' premiums up, and younger peoples' premiums down. Older people tend to vote more often. Ironically, they have also been the ones who so far have more often bought an Obamacare compliant policy.
The Prohibition of Pre-Existing Condition Provisions - As of January 1, 2014, there is no such thing in America any longer. But Republicans would bring the provision back if people did not maintain continuous coverage. That sounds fair. But what happens when someone is forced to drop their expensive coverage when they lose their job for a few months and the Republican tax credits don't give them enough help maintaining it? Democrats will be able to think of lots of scenarios where a family playing by the rules has no choice but to drop coverage and face pre-existing condition provisions once again.
Each of these Republican proposals is credible and constructive and should be part of any discussion over how to move forward with health insurance reform.

No one has been more critical than me, for example, toward Democrats who refused to phase-in age rating compression rather than shock the market all in one year. But, it's done. Rolling key provisions of the Affordable Care Act back would only create a new set of offended parties who would want to keep the insurance they have.

This sets up an incredible political irony.

By not being willing to fix Obamacare, the Republicans have put themselves in the position of having to take things away from people––many of them from solid middle class people.

That opens up a huge political opportunity for the Democrats.

Democrats can now claim the high political ground by admitting they made mistakes and they are now willing to fix the things that are so obviously wrong with Obamacare. They no longer have to defend it. They become the, "Don't throw the baby out with the bathwater," team. Democrats can now be critical about the most unpopular parts of Obamacare because they are the ones willing to fix them!

It is now the Republicans, the Democrats will argue, who would put the country through another round of health insurance disruption.

Of course, Republicans will claim that Obamacare can't be fixed.

But tell that to the older people who Democrats will be quick to remind will be paying more, the middle class people who would get their health insurance subsidies cut, and the 160 million people who get their health insurance––which the really like––through employer-based plans and will see their taxes go up.

I am convinced Obamacare will have to be fixed. It is a mess as it is.

But it will limp along for at least a few years; the health plan "reinsurance" provisions of the Affordable Care Act will assure that.

Even if the Republicans win the Senate this fall, as long as Barack Obama is in the White House there will not be a repeal of Obamacare.

The first real crack the Republicans will have at repealing and replacing Obamacare would be in 2017––IF they sweep the Congress and the White House in 2016. By then this law will be even more entrenched.

I doubt Republicans will ever have the 60 Senate votes they would need for a unilateral remaking of Obamacare. That means any fix will have to come from a bipartisan agreement at some level. A bipartisan agreement would give both sides the political cover they would need for the controversial but fundamental improvements Obamacare needs.

I really believe we will ultimately see a bipartisan agreement to fix Obamacare––most likely after the 2016 elections––that ironically could well include many of the things these Republicans are talking about like caps on health plan tax exclusions, an alternative to the individual mandate, far more flexibility in plan choices, more Medicaid flexibility and accountability for states, and maybe even real medical malpractice reform built upon ideas like "health courts."

But by putting a repeal and replace plan on the table, rather than focusing on a fix from the point we are at today that creates obvious losers, Republicans may have handed the Democrats a big political gift.

I can't disagree with those who argue that all sides have a responsibility to tell us what they would do.

But I will suggest the Republicans would have been better off starting from the place we are at in 2014. About the only thing they will now end up doing is wasting some good ideas.
Posted by ROBERT LASZEWSKI at 1:25 PM
 
Only a few problems I see with this analysis. First, Obamacare can't be fixed in a way to solve the problems. You can't patch all the problems; there are just too many. It's like shooting 1000 holes in a tire and trying to patch them all and taking it out on the highway.

Second, and we probably won't see these numbers for quite a while, but in my experience, anyone over 300% FPL is not getting a subsidy; the benchmark plans are priced too low. Admittedly, I don't have the volume some others here do, but look at your own book and calculate what percentage of your new enrollments are above 300% FPL and are receiving a subsidy. I am going to guess that the vast majority of us that have HIX heavy enrollments will not have a very high percentage. Mine is zero.

The Medicaid point is a valid one and I think it will need to be addressed for any replacement to pass.

The age banding will cause an increase on older consumers premiums, but also remember that many of that segment also will still qualify for rich subsidies under the Republican proposal, they will still benefit from the guaranteed issue provision and the rates will still be lower than they were in 2013. If the GOP can effectively demonstrate projected changes in premiums, I don't think it will be a huge roadblock.

As far as "But what happens when someone is forced to drop their expensive coverage when they lose their job for a few months and the Republican tax credits don't give them enough help maintaining it?", comparing the subsidies under the proposal (which are not set in stone, btw) to Obamacare subsidies, the proposed subsidies in most cases are richer than the Obamacare equivelents, so that is a non-argument. Additionally, 'continuous coverage' does not mean that a single day lapse disqualifies one from the continuous coverage clause. From the proposal: "without a significant
break in coverage, similar to the HIPAA protections that exist under some circumstances today."

To top it all off, this is simply a proposal, not a bill submitted to Congress and I find it amusing how the typical liberals are all in a huff over it. Why not instead of tearing it apart while ignoring the actual proposal as I have demonstrated, open a dialogue in how to take some ideas and implement them? By being so contentious, it forces the battle between 'fixing' Obamacare and repealing it. Too many critiques of the proposal are addressed by the proposal in separate sections.

If (and this is a really big if) Reid were ever going to want to work with Republicans, he would come to the table to negotiate some changes in the current law now. As we saw last fall and will likely see again soon, his form of negotiations has always been 'I will listen to you as long as you do what I tell you now'.

I would be interested in seeing how everyone thinks the law can be fixed without changing virtually every section of the law which in essence will make it an entirely new law anyway. There are so many thing wrong with it (which both sides have agreed) that you can't just pass a couple of amendments to the law and call it fixed. It is fundamentally flawed from the onset and built (possibly intentionally) to self destruct. 'Fixing' it will require changing nearly the entire law.

Will this proposal ever make it into law? Not before 2017 and even then, who knows. Is it responsible to just write it off and try to limp the country along with what we currently have? Hell no. If the Democrats want to retain the Senate and even have a chance at taking the House back, they would be wise to start talking about these supposed fixes that need to take place and start introducing amendments now. The longer they attack this proposal, the worse it will look on them. At the same time, the if the Republicans want to take the Senate and retain the House, they too will start introducing amendments. When these amendments don't make it out of Senate committees, that is just another bullet showing the Democrats unwillingness to want to admit their failure and 'fix' Obamacare and will score political points for the GOP.
 
One "Fix" both sides WILL agree to and very soon in my opinion is Lower cost options for all (which will be subsidy eligible). Be it parred down benefits and or higher deductibles with a few co-pay doc visits per year and an annual physical thrown in for free. And have all these benefits that are mandated now stepped in over time.........., while they work on the real issues driving up health care costs. The Dems can say the law tried to do too much too fast and we didn't want people to lose "their coverage" and the Pubs can say hey folks 300% FPL and higher "Look at how much money we saved you on your health premiums with our amendment". The Pubs could call it the "Brass Plan" as in getting down to brass tacks. Basically a complete overall of the Bronze Plans. Boehner can say "hey, some folks don't want to drive a "Gold Wing" some folks want to drive a lighter, leaner and more affordable "Harley Sportster" let's let them decide".
 
I would love for a compromise bill on this. Do you think the elephants in the room would be willing to agree to anything with a Dems name on it even as a cosponsor on a Rep bill?
 
I would love for a compromise bill on this. Do you think the elephants in the room would be willing to agree to anything with a Dems name on it even as a cosponsor on a Rep bill?

Let's look at how much the Dems allowed into the bill that the GOP wanted to add in.....I don't think this is a one way street as much as you would like it to be. In fact, you are demonstrating the very problem we have right now so you are part of the problem.
 
Why on earth are the Republicans offering a "plan"? They aren't running for President. They are running for various seats in Congress. Even presidential candidates don't announce a "plan" at all or else they announce it so late in the game that it can't be fully ripped apart.

The Republicans don't need to publicize "a plan" just because Obama keeps jabbing at them about not having one. They just need to have a feeding frenzy on all the problems, and keep it up for 9 months until that famous Tuesday in November. And they need to offer bipartisan efforts to fix this in order to appeal to independents, moderates and many democrats. Lots of negative, lots of crying mamas with babies, lots of hard working families and business owners hit hard by Ocare, lots of Democratic voting type people who found out it wasn't the wonderful healthcare they thought it was... You know, drama stories and mini soap-operas like the Democrats are famous for. That's what the mass of voters are listening to anyway. Those people don't listen to talk radio, they listen to soundbites on mainstream media or You-Tube.

Then, if the Republicans win a foothold in enough seats on the hill, then and only then should they publicize a "plan".
 
Let's look at how much the Dems allowed into the bill that the GOP wanted to add in.....I don't think this is a one way street as much as you would like it to be. In fact, you are demonstrating the very problem we have right now so you are part of the problem.

I am not saying the Dems are blameless. However if you look back over the past 34 years, you will find that they are more likely to be willing to compromise with the ruling party than the GOP has been. They got burned by this under Junior and have been digging their heels in since then. It's not a one-way street by any stretch of the imagination, but it is a childish game.
 
I am not saying the Dems are blameless. However if you look back over the past 34 years, you will find that they are more likely to be willing to compromise with the ruling party than the GOP has been. They got burned by this under Junior and have been digging their heels in since then. It's not a one-way street by any stretch of the imagination, but it is a childish game.

Really just what did they not get under Jr?
 
Really just what did they not get under Jr?

It's not a question of what did they not get. There were many issues that the Democrats did not favor during the Bush presidency that they were still willing to accept since they felt it was what the public wanted. They sat down and talked with their GOP counterparts and came up with a plan that they could live with. The GOP has refused to negotiate, going so far as to almost bankrupt the US in order to get their own way. The Dems have therefore forced through some things that were not as well thought out or as balanced as they should be.

I am not a Democrat although I know I sound like one at times. I would prefer a strong independent candidate that is willing to listen to everyone and mediate instead of dominate.
 
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