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Waivers at center of health debate
By Sarah Kliff
3/14/11

Exceptions may become the rule as the Affordable Care Act heads into its second year.

Officials at the Department of Health and Human Services have approved no fewer than 1,040 requests for so-called mini-med waivers, which would allow companies to cap their annual payouts at a lower level than dictated by the law.

And over the next year, many states will seek a reprieve from two of the law’s most wide-reaching provisions: the medical loss ratio, which limits profits and administrative costs by requiring insurers to spend at least 80 percent of subscriber premiums on medical costs; and the maintenance-of-effort provision barring states from dropping Medicaid eligibility before the program’s expansion in 2014.

In a bellwether last week, the agency granted Maine the country’s first medical-loss-ratio waiver, concluding the new regulation could drive insurers away from the state’s small individual insurance market. HHS is weighing similar requests from New Hampshire, Nevada and Kentucky.

Officials in a third of the states tell POLITICO they’ll ask Washington for waivers that will allow insurance companies to set aside more money for administration costs and profits. And more than half of the states are eying waiver requests to the Medicaid requirement.

That’s all alongside the State Innovation Waivers that the Obama administration has strongly advocated. The provision allows states to opt out of key health reform programs, like the mandated purchase of health insurance and building an insurance exchange, if they meet high benchmarks for coverage and affordability. Oregon and Vermont are expected to pursue these waivers and have secured the president’s support on moving their effective date to 2014 from 2017, when they currently kick in.

While Republicans charge that companies and states are receiving free passes from the reform law, Democrats say the administration is demonstrating flexibility and fairness. Aside from the lawsuits challenging the law, the waivers have become the center of debate over implementation, a divisive issue for Obama as he attempts to overhaul a dysfunctional insurance market without disrupting the system’s functional parts...

Read the rest of the story at Politico


 
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