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Legislative Update August 10, 2011 Kristin Leighty, Government Affairs Coordinator, NAHU. NAHU Government Affairs team Laurel Call, Sr. Vice President and Counsel – Regions 6 & 8 lcall@nahu.org 703.276.3801 Jessica Waltman, Sr. VP of Government Affairs – Region 2
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Legislative Update August 10, 2011 Kristin Leighty, Government Affairs Coordinator, NAHU
NAHU Government Affairs team Laurel Call, Sr. Vice President and Counsel – Regions 6 & 8 lcall@nahu.org 703.276.3801 Jessica Waltman, Sr. VP of Government Affairs – Region 2 jwaltman@nahu.org 703.276.3817 Pam Mitroff, Director of State Affairs – Illinois, West Virginia, Regions 4 & 7 pmitroff@nahu.org 703.276.3839 Brooke Bell, Director of State Affairs – Region 1, 3 & 5 bbell@nahu.org 703.276.3818 Kristin Leighty, Government Affairs Coordinator kleighty@nahu.org 703.276.3803
MLR and H.R. 1206 • Co-sponsor total sits at 113! • Keep the pressure on while members of Congress are in their home districts! • Sen. Mary Landrieu (D-LA) Sends Letter to HHS • Letter highlights MLR’s negative impact on agents and brokers and includes a direct ask to delay the inclusion of agent compensation in the MLR calculation • Signifies a huge step highlighting the increasing awareness of this issue in the Senate • NCOIL votes unanimously to endorse 1206! • Looking ahead…
Status of MLR State Waivers • HHS Recently Approves Two More State MLR Waivers • Iowa and Kentucky join the ranks of approved states • North Dakota Becomes First State to be Denied Waiver • Territory of Guam receives denial letter as well • Texas and Michigan Become Next States to Apply • TX asks for graduated increase of 71% in 2011, 74% in 2012, 77% in 2013 and 80% in 2014 • MI asks for 65% in 2011, 70% in 2012, 75% in 2013 and 80% in 2014 • Scoreboard: • Approved: ME, NH, KY, NV, IA • Denied: ND • Pending Applications: DE, FL, GA, IN, KS, LA, TX and MI
Exchange Developments • Exchange Guidance Finally Released! • July 11 the highly anticipated proposed regulations were released • NAHU Staff and Exchange Working Group continues to analyze the regulations • NAHU has prepared a chart highlighting provisions impacting agents/brokers • Proposed rules will undergo a 75 day comment period • Other Pending State Exchange Action • While legislatures are out of session many governing boards and exploratory committees continue to meet and make progress on state exchange action • NAHU state affairs staff continues to work closely with states to steer them in the right direction • Kansas returns early innovator exchange grant funds to HHS • Scoreboard: • Signed-13 (CA, CO, CT, HI, IL, MD, ND, NV, OR, VA, VT, WA, WV • On Hold-9 (DC, ME, MN, NE, NC, NH, NY, PA, TX) • Dead/Vetoed-11 (AK, AZ, AR, IN, MO, MT, NE, NM, OK, RI, SC) • Work Arounds-8 (AL, GA, IN, IA, KS, MS, OH, WI) • Joel Ario (HHS) stepping down
PCIP’s Broker Registration Process Opened • Federal Pre-existing Condition Ins Plan (PCIP) has now finalized its online registration process for agents/brokers • In May, the administration announced it would begin compensating agents and brokers for connecting eligible people with the PCIP program by October 1 • Registration of qualified agents/brokers is now open and a $100 flat enrollment fee will be paid in conjunction with successful enrollment of individuals effective September 1. • To qualify for participation you must: • Be an insurance agent or broker in good standing in your state. • Your license must be confirmed through the NIPR database. • Submit a completed W-9 form. • Hold a valid federal tax identification number (FTIN) or social security number (SSN). • Submit a completed EFT form for electronic payment. • Agree to accept payments via EFT. • PCIP broker referral program only applies to 23 states where the federal Gov runs the PPACA high risk pool program
HHS Could Assume External Review Process • HHS issued its preliminary list of states not meeting the external appeals review requirement of PPACA • 23 states already have laws on the books that meet the strict standards • 10 states have similar standards that insurance companies will have to abide by until they bring their standards up to par by Jan. 1, 2014. • Appeals process for the rest of the states and five territories will be assumed by HHS or contract with an independent review organization. • States not in compliance include: • AL, AK, DC, FL, GA, LA, MA, MS, MT, NE, NH, ND, OH, PA, TX, WV, WI • All states have until Oct. 1 to appeal their HHS determination
Other News… • HHS Issues Rules on Preventive Care for Women • Proposed Rule Released Regarding Health Insurance Cooperatives (CO-OP Plans) • Coalition Activity • ACO Working Group
THANK YOU!! Next Legislative Update: September 14 at 1:00PM EST