Health Insurance Exchanges and the Medicaid Expansion After the Supreme Court Decision: State Actions and Key Implementation Issues

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Health Insurance Exchanges and the Medicaid Expansion After the Supreme Court Decision: State Actions and Key Implementation Issues Sara R. Collins, Ph.D. Vice President, Affordable Health Insurance The Commonwealth Fund Alliance For Health Reform Briefing on State Progress on Insurance Exchanges and the Medicaid Expansion in the Wake of the Supreme Court Decision Washington, DC. July 27, 2012

State Action to Establish Exchanges, As of July 2012 AK HI OR CA WA NV ID UT AZ MT WY CO NM ND SD NE KS TX OK MN IA IA MO AR LA WI IL IL MS IN MI TN KY AL OH VT NY PA WV VA WV NC VA SC GA NH NJ ME DE MD DC RI CT MA FL State exchange in existence prior to passage of ACA (2) Exchange established through signed legislation (12) Exchange established through executive order (3) Legislation passed one or both houses or pending (2) Source: National Conference of State Legislatures, Federal Health Reform: State Legislative Tracking Database. http://www.ncsl.org/default.aspx?tabid=22122; Politico.com; Commonwealth Fund Analysis. No active exchange legislation or executive order, but received federal level one grant, studying exchange establishment, or governor pursuing alternative options (24) Will not pursue state-run exchange (8)

HHS Exchange Establishment Grants Level I Establishment Grants: Thirty-four States and the District of Columbia State Grant Amount State Grant Amount Alabama $8,592,139 Minnesota $4,168,071; $26,148,929 Arkansas $7,665,483 Mississippi $20,143,618 Arizona $29,877,427 Missouri $20,865,716 California $39,421,383 Nebraska $5,481,838 Colorado $17,951,000 Nevada $4,045,076; $15,295,271; $4,397,926 Connecticut $6,687,933 New Jersey $7,674,130 Delaware $3,400,096 New Mexico $34,279,483 District of Columbia $8,200,716 New York $10,774,898; $48,474,819 Hawaii $14,440,144 North Carolina $12,396,019 Idaho $20,376,556 Oregon $8,969,600; $6,682,701 Illinois $5,128,454; $32,789,377 Pennsylvania $33,832,212 Indiana $6,895,126 Rhode Island $5,240,668 Iowa $7,753,662 South Dakota $5,879,569 Kentucky $7,670,803; $57,896,810 Tennessee $1,560,220; $2,249945; $4,300,000 Maine $5,877,676* Vermont $18,090,369 Maryland $27,186,749 Washington $22,942,671 Massachusetts $11,644,938 West Virginia $9,667,694 Michigan $9,849,305 Level II Establishment Grants: Two States Rhode Island $58,515,871 Washington $127,852,056 *State of Maine notified HHS that it decided against developing a state exchange and would not utilize its grant. Source: Healthcare.gov Fact Sheet, Creating a New Competitive Marketplace: Affordable Insurance Exchange Establishment Grants Awards List, Updated May 16, 2012, http://www.healthcare.gov/news/factsheets/exchanges05232011a.html.

State Action Addressing the Early Market Reforms As of January 2012 Passed new law or issued new regulation on all ten early market reforms* Passed new law or issued new regulation on at least one early market reform* Issued subregulatory guidance on early market reforms* Took no official action on early market reforms but is reviewing insurance policy forms* Took no action on early market reforms* WA OR NV CA AK ID UT AZ HI MT WY CO NM ND SD NE KS OK TX MN WI IA IL MO AR MS LA IN TN A L MI KY OH GA WV SC FL PA VA NC NH VT NY DE ME NJ MD DC MA RI CT *States may have existing state law (which is not reflected in the exhibit) that could be consistent with the federal early market reforms. If state law is consistent with an early market reform, the state may have decided not to address a particular early market reform provision in its laws, regulations, or guidance. Source: K. Keith, K. W. Lucia, and S. Corlette, Implementing the Affordable Care Act: State Action on Early Market Reforms, The Commonwealth Fund, March 2012.

Premium Tax Credits and Cost-Sharing Protections Under the Affordable Care Act Poverty level 100% - 132% 133%- 149% 150% 199% 200% 249% 250% 299% 300% 399% 400%+ Income Single: <$14,856 Family: <$30,657 Single: $14,856 - <16,755 Family: $30,657 - <34,575 Single: $16,755 - <22,340 Family: $34,575 - <46,100 Single: $22,340 - <27,925 Family: $46,100 - <57,625 Single: $27,925 - <33,510 Family: $57,625 - <69,150 Single: $33,510 - <44,680 Family: $69,150 - <92,200 Single: $44,680+ Family: $92,200+ Premium contribution as a share of income 2% (or Medicaid) Out of Pocket limits % Medical Costs Covered On Average: Silver plan 94% Single: $1,983 3.0% 4.0% 94% Family: $3,967 4.0% 6.3% 87% 6.3% 8.05% Single: $2,975 73% 8.05% 9.5% Family: $5,950 70% 9.5% Single: $3,967 Family: $7,933 Single: $5,950 Family: $11,900 70% All Plans Cover Essential Health Benefit Package at Four Levels of Cost-sharing: 1st tier (Bronze) actuarial value: 60% 2nd tier (Silver) actuarial value: 70% 3rd tier (Gold) actuarial value: 80% 4th tier (Platinum) actuarial value: 90% Catastrophic policy with essential health benefits package available to young adults and people whose premiums are 8%+ of income Note: Premium and cost-sharing credits are for silver plan. Source: Federal poverty levels are for 2012; Commonwealth Fund Health Reform Resource Center: What s in the Affordable Care Act? (PL 111-148 and 111-152), http://www.commonwealthfund.org/health-reform/health-reform-resource.aspx.

Source of Insurance Coverage Pre-Reform and Under Affordable Care Act, 2020 32 M (11%) Medicaid/CHIP 30 M (11%) Nongroup/ Other 59 M (20%) Uninsured 161M (57%) ESI 28 M (10%) Nongroup/ Other 25 M (9%) Exchanges (Private Plans) 43 M (15%) Medicaid/ CHIP 156 M (55%) ESI Under Prior Law 29 M (10%) Uninsured Affordable Care Act Among 282 million people under age 65 * Employees whose employers provide coverage through the exchange are shown as covered by their employers. Note: ESI is employersponsored insurance; Other includes Medicare. Source: Congressional Budget Office, CBO and JCT s Estimates of the Insurance Coverage Provisions of the Affordable Care Act Updated for the Recent Supreme Court Decision, July 2012. http://www.cbo.gov/sites/default/files/cbofiles/attachments/43472-07-24-2012- CoverageEstimates.pdf

Annual Premium Tax Credit and Contribution by Families in Exchanges * Annual premium tax credit and premium contribution by family $14,000 $12,000 Tax Credit Family Premium Contribution Full Premium = $12,130 $10,000 5,454 3,229 $8,000 $6,000 11,887 11,170 9,179 $4,000 $2,000 $0 8,901 6,676 243 2,952 960 100% FPL 133% FPL 200% FPL 300% FPL 400% FPL * For a family of four in a medium-cost area in 2010 (age 40). Premium estimates are based on an actuarial value of 0.70. Actuarial value is the average percent of medical costs covered by a health plan. FPL refers to Federal Poverty Level. Source: Premium estimates are from Kaiser Family Foundation Health Reform Subsidy Calculator Premium Assistance for Coverage in Exchanges, http://healthreform.kff.org/subsidycalculator.aspx.

Nearly Half of Adults ages 19-64 With Incomes Under 100% Poverty are Uninsured Nationally Percent of those <100% FPL who are uninsured, ages 19-64 75 State has indicated will not participate in Medicaid expansion State leaning towards not participating in Medicaid expansion 50 25 0 Massachusetts Alabama Maine Hawaii Vermont Minnesota Pennsylvania District of Columbia Wisconsin New York Delaware New Hampshire Connecticut Utah Rhode Island West Virginia Iowa Nebraska Maryland Michigan Ohio Colorado Indiana Washington Tennessee Missouri Virginia Montana North Dakota Kentucky Kansas Arizona Illinois South Dakota Arkansas New Jersey Alaska Lousiana California Oklahoma New Mexico Wyoming North Carolina South Carolina Mississippi Oregon Georgia Idaho Florida Nevada Texas Note: FPL refers to Federal Poverty Level Source: American Health Line http://ahlalerts.com/2012/07/03/medicaid-where-each-state-stands-on-the-medicaid-expansion/ Accessed July 16, 2012. Analysis of March 2011 Current Population Survey by N. Tilipman and B. Sampat of Columbia University for The Commonwealth Fund.

Looking Forward: Key Implementation Issues State Health Insurance Exchanges Open Enrollment Begins October 2013 Next steps for state and federal governments 14 states and D.C. with authority to establish exchanges Additional states to pursue state-run exchanges or partnership models Identification of essential health benefit package State implementation of 2014 insurance market reforms Remaining federal rule-making and guidance Establishment of federal exchanges Medicaid Expansion Aftermath of the Supreme Court Decision State participation and implications for: Coverage of lower income families Exchange enrollment, affordability, and federal premium tax credits Providers, especially safety-net State and local government spending on Medicaid and uninsured Federal and state policy options if state participation is delayed