Tag Archives: ObamaCare

Obmacare back in the courts

Three pending lawsuits have the potential to directly affect health plans and the individuals we serve:

    • Texas v. U.S.: As we have reported, 20 states’ Attorneys General have alleged Congress’s repeal of the individual mandate effective as of 2019 means the remainder of the ACA is unconstitutional. The Court heard oral arguments earlier this month and is expected to issue its decision soon. A countersuitrecently filed by Maryland’s Attorney General attempts to confirm the law’s constitutionality by directly addressing the issues arising in the Texas case.

 

    • The Association for Community Affiliated Plans (ACAP) v. U.S.: On September 14, seven health care industry and advocacy groups filed suit in a federal district court seeking to undo the Trump Administration’s short-term, limited-duration insurance (STLDI) regulation finalized earlier this summer. The suit alleges the rule, which expands the time an individual may be enrolled in an STLDI plan from three months to just under three years, unlawfully undoes many of the law’s requirements.

 

  • Texas v. U.S.: Another suit filed by the Texas Attorney General and six other states seeks recovery of funds paid to Medicaid health plans to account for their portion of the ACA’s Health Insurance Fee (also known as the Health Insurance Tax or HIT). The court ruled in the states’ favor in August. Additional motions have since been filed addressing how and when the states would receive relief. The court is expected to rule on these issues shortly.

Texas recoups $839 MM from illegal Obamacare tax

AG Paxton Wins Multistate Obamacare Tax Lawsuit, Recoups Over $839 Million, Including Nearly $305 Million For Texas Taxpayers
MARTY SMITH / STL News
Texas Attorney General Ken Paxton today commended a U.S. District Court decision ordering the Internal Revenue Service to repay Texas and five other states more than $839 million because of an unlawful Obamacare tax on state Medicaid programs. Of that total amount, Texas stands to be repaid $304,730,608.
“Obamacare is unconstitutional, plain and simple,” Attorney General Paxton said. “We all know that the feds cannot tax the states, and we’re proud to return this illegally collected money to the people of Texas.”
In October 2015, Attorney General Paxton led a multistate lawsuit against the federal government over the Obama-era regulation that threatened to choke off Medicaid funds for the health needs of millions of Texas citizens unless Texas taxpayers paid a portion of the Health Insurance Providers Fee to help fund Obamacare.

Why health care sharing memberships continue to grow

Great article in Fox Business about how these plans work and why they are popular.  on the plus side, they are a lot less expensive.  on the negative side- they are not insurance and there is no guarantee of payment.  For the full article, click here.

Rate Increases in New York

Rate Increases have started to come out for NY Small group and individuals for January 1, 2019.  Note that these are requests, not approvals.  That won’t happen until sometime in the fall.  Also note that these are averages across all that companies products.

With the elimination of the individual mandate under ObamaCare, the individual market is getting very large increases.  The baseline average increase was 12.1%, but an 11.9% additional increase has been applied for to cover the effects of the individual mandate being repealed.

SMALL GROUP

Aetna                                         16.2%

Emblem                                     12%

Empire                                         6%

Healthfirst                                 21%

MVP                                              7%

Oscar                                            3%

Oxford                                        8.3%

United                                        7.2%

 

INDIVIDUAL

Emblem                                    31.5%

Empire Healthchoice            24.0%

Fidelis                                       38.6%

Healthfirst                                15.0%

MVP HealthPlan                       6.5%

Oscar                                          25.2%

United                                        23.6%

 

 

 

New Exemptions to ObamaCare Released

“The Trump administration announced Monday that those who live in counties with no insurer or with only one choice will be able to apply for a hardship exemption from the mandate, which requires nearly all Americans to get health insurance or pay a penalty.” according to an article in CNN Money.

This means that 26% of Americans will be able to file for a hardship waiver, including everyone in the State of South Carolina, but only matters for the rest of this year.  The penalties for not having insurance are eliminated in 2019.

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Reeve Conover is a Registered Representative. Securities offered through Cambridge Investment Research, Inc., a Broker/dealer member FINRA/SPIC. Cambridge and Conover Consulting are not affiliated. Licensed in SC, NC, NY, CT, NJ, and CA.
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