Legislative/Judicial/Regulatory Updates
U.S. Department of Health and Human Services Secretary Alex Azar announced Sept. 27 that insurers have proposed to reduce premiums by 2 percent in 2019 on silver-level individual health insurance plans in the 39 states served by the federal health insurance exchange.
The U.S. Department of Labor released a guide on Oct. 3 that is intended to help employers establish and manage association health plans that are in compliance with the Employee Retirement Income Security Act (ERISA).
The U.S. Congress passed a bill on Oct. 3 aimed at addressing the opioid crisis through a range of strategies, including accelerating research on alternative painkillers, targeting international shipments of illicit opioids, funding grants for substance abuse programs, and allowing Medicaid coverage for inpatient facility treatment. Offsets on spending in the bill include requiring brand pharmaceutical manufacturers to disclose patent settlements with generic drug manufacturers for biosimilars to the Federal Trade Commission, standardizing the percentage that Medicaid Manage Care Organizations are allowed to spend on administrative care, and revising reporting requirements for prescription drug coverage under the Medicare Part D Program. The legislation is now under consideration by President Trump.
The U.S. House of Representatives passed two bills on Sept. 25 that would prohibit clauses (known as gag clauses) that prevent pharmacists from telling patients when they can save money by purchasing prescription drugs out-of-pocket rather than through their health insurance coverage. S. 2544 prohibits gag clauses in Medicare Advantage and Medicare Part D plans, while S. 2553 prohibits such clauses in private health insurance plans, including plans sold on the individual health insurance market. The bills are now under consideration by President Trump.
California Gov. Jerry Brown signed a bill into law on Sept. 22 that prevents the sale of short-term, limited-duration health insurance plans within the state, beginning in 2019.
The U.S. Census Bureau released a report, Health Insurance Coverage in the United States: 2017, on Sept. 12 detailing findings from the Current Population Survey Annual Social and Economic Supplements and the American Community Survey. The Census Bureau found that public and private health insurance coverage rates, as well as the uninsured rate, did not change significantly from 2016 to 2017.
The Arkansas Department of Human Services announced on Sept. 12 that 4,553 residents were removed from the state’s Medicaid program because they failed to report work or community engagement activities from April through August. Arkansas was the first state to follow a new policy by the federal CMS allowing states to adopt work or community engagement requirements as a condition of Medicaid eligibility. Arkansas residents who lose Medicaid coverage under the new requirements are ineligible to re-enroll in the program for the remainder of the calendar year unless the resident meets another eligibility category, such as pregnancy or a disability.
The Nebraska Supreme Court dismissed a lawsuit against a Medicaid ballot initiative on Sept. 12. The lawsuit sought to block a November ballot initiative that will ask voters to decide whether to expand eligibility for the state’s Medicaid program to working-age adults with incomes under 138 percent of the federal poverty limit.
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