In a comment letter to House and Senate party leaders on Jan. 21 (news release), the Academy's Medical Professional Liability Subcommittee discusses concerns with the inclusion of a provision that would repeal an antitrust exemption for health and medical professional liability insurance in the House-passed Affordable Health Care for America Act (H.R. 3962). The provision, which would amend the McCarran-Ferguson Act, was not included in the Senate version of health care reform legislation. Though the status of health care reform is uncertain, the comments are intended to ensure that policymakers understand that implementation of this provision (as part of overall reform or in a stand-alone bill) would not necessarily lower premiums and that state-level regulations already address the broader intent of the provision.
Legislative Updates
Massachusetts State Senator Scott Brown (R) defeated state Attorney General Martha Coakley (D) on Tuesday by a margin of 52 percent to 47 percent in a special election to replace former U.S. Sen. Edward Kennedy (D-Mass.). With the loss of a 60-vote, filibuster-proof majority in the Senate, it has been reported that Democrats are exploring alternative options for passing health care reform. These options could include:
House passage of the Senate-passed Patient Protection and Affordable Care Act without amendment.
Passage of a merged version of the Patient Protection and Affordable Care Act and the House-passed Affordable Health Care for America Act. Budget-related portions of the merged bill could be passed by the Senate through a reconciliation process, which requires only a 51-vote majority. The remaining provisions would be passed under the normal procedure that would require 60 votes to stop a filibuster.
A new version of health care reform legislation that includes some of the less controversial provisions, such as barring pre-existing condition limitations and rescissions.
In the News
The Academy was cited in a Jan. 18 USA Today op-ed by Rep. Joe Courtney (D-Conn.). The Academy noted that an excise tax on employer-sponsored health care coverage would more accurately target overly generous plans if it were based on plan benefits rather than a premium dollar threshold because premium prices are also based on other factors such as geography and age.
A series of op-eds authored by the executive director of the League of American Voters criticizing senators and their votes on health care reform legislation refers to shortcomings noted by the Academy regarding a proposed federal long-term care program better known as the CLASS Act. A version of the op-ed recently appeared in the South Florida Sun-Sentinel (Jan. 20). The Academy compiled an FAQ sheet in November highlighting issues needed to be addressed to improve the program.
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