Tag Archives: affordable

Roe Says Partial Repeal of Health Care Law Would Be ‘Disaster’

U.S. Rep. Phil Roe said the worst thing that could happen in a Supreme Court ruling on Barack Obama’s health care reform legislation would be if the judges say it’s partially constitutional.
In a Friday interview with the News Sentinel, and the court’s ruling expected soon, he said that if only parts of it are repealed, “it’s a disaster, the costs will skyrocket.”
He said that if the court only removes a requirement from the legislation that says all citizens must have health insurance, then insurers and other groups that pay for health care would not be able to handle how the risk is spread among groups. America’s Health Insurance Plans, which represents the health insurance industry, has also sounded that warning..
If the court upholds the reform legislation, then Republicans will work to repeal it themselves, the congressman from Johnson City said.
And if the entire reform law is repealed, that would be ideal with Republicans such as Roe.
A market-based exchange that lets consumers choose their own plans would be a suitable replacement, he said. But states led by Republicans aren’t ready to open such exchanges, The Associated Press reported this week.
“Spread the risks over a huge amount of people,” he said, another position shared by AHIP.
Roe was not ready to speculate on what the Supreme Court may say.
“I don’t have a clue,” he said.

‘Obamacare’ Brings $29.5 Million in TN Health Insurance Rebates

Thousands of Tennesseans can expect a check from their health insurance company in August as insurers comply with a provision of the still-controversial and still-undecided Affordable Care Act, according to the Commercial Appeal.
Insurers in Tennessee will pay around $29.5 million in rebates this year to 223,583 Tennesseans, according to the Kaiser Family Foundation, to meet a spending threshold set by the health reform law. The threshold, called the medical loss ratio, was set to require insurance companies to spend a minimum of 80 percent of their premiums on health care, not on other business costs like executive pay or marketing.
The rebates bridge the gap of what the companies actually paid for health care in 2011 and the 80 percent threshold. Insurers must report the amounts of these rebate payments to the government today.
The majority of the Tennessee rebates — about $22.3 million — will go to 134,629 with individual policies, the Kaiser study said. About $4.4 million will go back to 65,908 insured with small groups, like small businesses.
About $2.8 million will be refunded to 23,046 insured in large groups.
BlueCross BlueShield of Tennessee, the state’s largest insurer, announced Thursday it will pay $8.6 million to about 73,000 individual policyholders in August. The insurer reported the figures a day ahead of the federal deadline.


Note: More on the BlueCross rebates HERE.

77 Tennessee Legislators Back Legal Brief Opposing Federal Health Care Law

News release from Senate Republican Caucus:
(NASHVILLE, TN), February 13, 2012 – A long list of State Senators in Tennessee — including Lt. Governor Ron Ramsey (R-Blountville), Senate Majority Leader Mark Norris (R-Collierville), Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), Senate Speaker Pro Tempore Bo Watson (R-Hixson) and Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet) — are among 77 Tennessee lawmakers, the State of Florida, 25 other states, and the National Federation of Independent Business in filing as amicus parties (friends of the court) challenging the constitutionality of the individual mandate in the Patient Protection and Affordable Care Act (PPACA).
The individual mandate, which is the centerpiece of the new law, is the requirement that almost all people in the United States buy health insurance or pay a penalty to the IRS for failing to do so.
The brief was filed with the Supreme Court today in preparation for the oral arguments scheduled for March 27th and is one of a multitude of briefs filed laying out the unconstitutionality of individual mandates.
“The White House plan will stifle innovation and actually increase the cost of insurance,” said Lt. Governor Ramsey. “It is time that states push back to let Washington know that we are not going to stand by idly when this healthcare law so blatantly infringes on the constitutional rights of the states and the personal freedoms of our citizens.”
“This is one of the most important issues to be considered by the Court in our lifetime,” said Leader Norris. “State’s rights, individual liberties and our ability to keep the federal government from infringing those rights are at stake.”
“Our personal health care decisions should be managed by us and our health care providers, not politicians and bureaucrats in Washington,” said Chairman Beavers. “Never in our history has the U.S. government required its citizens as a condition of residency to purchase a particular product from a private company or government entity.”
U.S. District Judge Roger Vinson heard the case in Florida and declared the law unconstitutional on January 31, 2011. In his ruling, Vinson struck down the entire law after finding the individual mandate violated the Commerce Clause of the Constitution, and that the mandate could not be separated from the rest of the law. On March 8, 2011, the government filed a notice of appeal with the 11th Circuit U.S. Court of Appeals. The appeals court also found the individual mandate unconstitutional, but ruled the individual mandate to be severable from the rest of the law, and found the remaining provisions “legally operative.” The Court of Appeals’ ruling was appealed to the U.S. Supreme Court, which announced on November 14, 2011 that it will hear the appeal.
The case is especially important to Tennessee and several other states because these states have enacted Health Care Freedom Acts. The Tennessee Health Freedom Act, passed in 2011, provides that every person in Tennessee is free to choose, or not choose, any mode of securing healthcare services, and to purchase or not purchase health insurance, without penalty or threat of penalty. Tennessee asserts this right to protect the freedom of its citizens under the Tenth Amendment of the Constitution. This principle is emphasized in the amicus curiae brief filed today.
Another key provision under consideration by the nation’s high court is the constitutionality of the Medicaid amendments. The case from Florida says the federal healthcare act exceeds the enumerated powers by creating such a major expansion of the Medicaid program.

Link to Briefs:
http://www.cato.org/pubs/legalbriefs/HHSvF-Brief.pdf
http://goldwaterinstitute.org/article/department-health-human-services-v-florida