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A RAdicAl ReStRuctuRing of HeAltH inSuRAnce
                   Millions to lose the health coverage they have now

                   By Grace-Marie Turner • December 2011



One of the most fervent promises President              have now as health insurers are dropping out
Obama made to the American people before                of markets in many states. Some of the carriers
passage of the health overhaul law was “If you          are exiting because of onerous state regulations,
like your health care plan, you will be able to         others are victims of a faltering economy, but
keep your health care plan. Period. No one will         the cascade has been accelerated by the rules that
take it away. No matter what.”1                         already have taken effect and the many more that
                                                        are to come as a result of PPACA.
But, even before the law fully takes effect, millions
of people are losing “the coverage they have now,”      In this paper, we provide:
and tens of millions more surely will follow.
                                                        •  an overview of carriers leaving the private
A major survey of employer plans provides                  health insurance market
evidence. McKinsey & Company surveyed 1,300             •  the impact of Obama administration rules
employers across industries, geographies, and              on the child-only health insurance market
employer sizes, and concluded that the Patient
Protection and Affordable Care Act (PPACA)              •  the disruptions caused by rules governing
will lead to a “radical restructuring” of job-based        health premium payouts and “grandfathering,”
health coverage.2 McKinsey found that 45 to 50             and
percent of employers say they will definitely           •  the threats to the Medicare Advantage market.
or probably pursue alternatives to employer-
sponsored health insurance in the years after it
takes effect in 2014. One-third of employers say        Some health plans are already
they “will definitely or probably drop coverage         leaving markets
after 2014.” Among employers who knew most              The American Enterprise Group announced in
about the new health law, half said they were           October 2011 that it would stop offering non-
likely to drop coverage.                                group health insurance in more than 20 states.4
                                                        As a result, 35,000 people will lose the health
Since an estimated 156 million non-elderly              coverage they have now. The company cited
Americans get health insurance at work, according       regulatory burdens, including the “medical loss
to the Employee Benefit Research Institute,3 that       ratio” (MLR) requirements (see page 4 for more),
means as many as 78 million people could be             in explaining its decision to leave the markets.
forced to find other sources of coverage.               This means there will be less competition in
                                                        these 20 states, resulting in higher prices for
So clearly President Obama’s key promise will           consumers in many cases.
be broken after the law fully takes effect. But the
deterioration in coverage already has begun as          In New York, Empire BlueCross BlueShield
many people already are losing the coverage they        said it will drop in the spring of 2012 health
A Radical Restructuring of Health Insurance



insurance plans covering about 20,000 businesses     These are the latest in a series of
in the state. Mark Wagar, president and CEO          announcements that health insurers are leaving
of Empire, said that the company will eliminate      the market as a result of ObamaCare’s edicts.
seven of the 13 group plans it currently offers to   But there are many more.
businesses which have two to 50 employees. The
move is expected to have a great and potentially
                                                     the exodus continues
“catastrophic” impact on small businesses in New
York, according to James L. Newhouse, president      Citizens in states around the country have
of Newhouse Financial and Insurance Brokers          learned that carriers are leaving markets, largely
in Rye Brook, NY. 5 This loss of competition         as a consequence of the combined effect of the
inevitably will lead to higher prices and fewer      health law and state regulations that make it
choices for businesses and their employees.          particularly difficult to offer coverage in the
                                                     small group market.
In Colorado, World Insurance Company/
American Republic Insurance Company                  Principal Financial Group, based in Iowa,
announced in October 2011 that it is leaving the     announced in 2010 that it would stop selling
individual market, citing the company’s inability    health insurance, impacting 840,000 people
to comply with insurance regulations.6               who receive their insurance through employers
                                                     served by the company. The company assessed
In Indiana, nearly 10 percent of the state’s         its ability to compete in the new environment
health insurance carriers have withdrawn from        created by PPACA and concluded its best course
the market because they are unable to comply         was to stop selling health insurance policies.8
with the federal medical loss ratio requirement.
Indiana was hoping to bring the companies back       Another 42,000 employees of small and midsize
by asking the Department of Health and Human         employers learned in January 2011 they were
Services (HHS) for a waiver from the rule, but       losing their health coverage with Guardian
Washington refused in late November 2011 to          Life Insurance Co. of America. The company
grant the waiver.                                    announced it was leaving the group medical
                                                     insurance market (it had reached an agreement
“Once again, the Obama administration took           with UnitedHealthcare to renew coverage for
a position in favor of higher health care costs      Guardian clients).9 Guardian began withdrawing
and against personal freedom,” said Indiana          from the medical insurance market in specific
Governor Mitch Daniels after receiving the           states more than a decade ago, and says it would
letter notifying him of Washington’s decision.       be leaving the market with or without PPACA.
“Today’s letter is further proof that the
PPACA is a catastrophe for America and must          Cigna announced that it is no longer offering
be repealed.”7 The MLR rules are particularly        health insurance coverage to small businesses
difficult to meet for plans such as Health Savings   in 16 states and the District of Columbia:
Accounts which offer high-deductible coverage,       California, Connecticut, Florida, Georgia,
and Indiana has a particularly high concentration    Hawaii, Illinois, Kansas, Missouri, New
of the popular cost-saving plans. Indiana had        Hampshire, New York, North Carolina, Ohio,
proposed an alternative approach to phase in the     Pennsylvania, South Carolina, Texas, Virginia,
MLR triggers, but it was denied by HHS.              and Washington, D.C.10




2                                                                                         Galen Institute
A Radical Restructuring of Health Insurance



In Colorado, Aetna will stop selling new health     insurers had a combined commercial market
insurance to small groups in the state and is       share of 70 percent or more.
moving existing clients off its plans this year,
affecting 1,200 companies and 5,200 employees       This is a negative and destructive trend, leaving
and their dependents. 11 Aetna also has pulled      fewer carriers to serve these markets and giving
out of Colorado’s individual market because         small businesses and the insurance agents who
of concerns about its ability to compete there,     serve them less leverage to negotiate better benefits
dropping 22,000 members.12 Aetna also has           and lower rates among competing companies.
dropped out of the small-group market in
Michigan and several other states.
                                                    children-only policies
Since June of 2010, 13 plans have left the health   One of the provisions of the health law
insurance market in Iowa, citing regulatory         that the Obama administration touts most
concerns.13                                         enthusiastically is the requirement that
                                                    employers who offer dependent coverage allow
In New Mexico, four insurers — National             employees to add their 26 year old “children”
Health Insurance, Aetna, John Alden, and            to their policies. It is highly ironic, then, that
Principle — are no longer offering insurance to     another provision is causing huge losses of
individuals or to small businesses — drying up      coverage among children whose parents or
the market and driving out competition.14           guardians were buying health insurance policies
                                                    for them on their own.
In Utah, Humana is ending its participation in
the Utah Health Exchange, leaving only three        One of the earliest indications of lost coverage
carriers participating in the exchange.15           came in June 2010 when Health and Human
                                                    Services Secretary Kathleen Sebelius told
In Virginia, UniCare has eliminated its             health insurers that they must write policies
individual market coverage for about 3,000          for children under 19, including those with
policyholders.16 And shortly after the health       pre-existing conditions, no matter when their
law was enacted in 2010, a new Virginia-based       parents and guardians apply. This creates an
company, nHealth, announced it was closing its      incentive for parents to wait to buy the coverage
doors, saying that the regulatory burdens posed     until the children have a significant medical
by the health law made it impossible to gain        condition. This in turn creates a substantial risk
investor support to continue operating.17           of “adverse selection,” which makes it financially
                                                    unsustainable for health plans to continue to
These announcements that carriers are exiting       offer these policies. Rather than wait for this to
markets accelerates a trend that the American       happen, many carriers have decided to leave this
Medical Association says leaves four out of         market altogether.
five metropolitan areas in the United States
without a competitive health insurance market.18    Sen. Michael Enzi, ranking Republican on
The report found that in about half of the          the Health, Education, Labor, and Pensions
metropolitan markets, at least one health insurer   Committee, asked his staff to survey the states
had a commercial market share of 50 percent         to find out how many were offering child-only
or more. In 24 states, the two largest health       policies.19 Of the 50 states that responded to the
                                                    HELP Committee survey, 17 states said there are



www.galen.org                                                                                             3
A Radical Restructuring of Health Insurance



no carriers currently selling these plans to new      grandfathered protection. Up to 70 percent of
enrollees. One of the largest insurance markets       those with coverage in the individual market
in the country, Texas, has seen all of its carriers   would be forced to comply with expensive new
drop child-only health insurance. Other states        federal rules within a year. 22 Few of them are
that no longer have carriers selling child-only       likely to lose coverage in the short term, but
plans include Alaska, Arizona, Connecticut,           most will lose the coverage they have now.
Delaware, Florida, Georgia, Idaho, Minnesota,
Nebraska, Nevada, North Dakota, Oklahoma,             The grandfathering rules back employers into a
South Carolina, Tennessee, West Virginia, and         corner. They cannot make changes, other than
Wyoming. The HELP Committee updated its               minor modifications, to their health plans to keep
survey of the child-only market and released a        costs down without being forced to comply with
paper in August 2011 with a detailed summary          expensive PPACA regulations that increase their
of the states impacted.20                             health costs.


grandfathering rules                                  obamacare regulations cause havoc
Other factors are contributing to disruptions of      in the insurance market
coverage, including regulations to implement          Another provision in the health overhaul
PPACA. The Obama administration’s own                 law, the “minimum medical loss ratio” (MLR)
estimates show that seven out of 10 Americans         requirement, mandates that health insurance
with employer-based coverage could lose               carriers spend most of the money they collect
the health plans they have now as a result            from premiums on direct medical care. The MLR
of the law and will not be able to keep the           is another contributor to lost coverage.
promised “grandfathered” status. This was the
commitment to employers that if they offered          Sec. Sebelius refused to listen to the carriers
coverage now, it would be “grandfathered in” and      when they asked her to use her authorized
they could avoid most of the new coverage rules       discretion to delay for at least a year the MLR
in the health overhaul law.                           requirement. The MLR rules require insurance
                                                      companies to spend at least 80 percent of
While most companies initially hoped they             premiums received in the individual and small-
would be able to preserve much of their existing      group markets and 85 percent in the large-
group health plans under the new grandfather          group market on medical claims. These rules are
provisions, a survey by Aon Hewitt Consulting         designed to limit supposedly wasteful spending
found almost will not.21 The rules developed          on administration and profits. But insurers are
by the Obama administration to define what            hardly careless with premium dollars. According
grandfathered status entails were so onerous that     to Fortune magazine, health insurance is among
few companies will be able to comply.                 the least profitable industry sector in America.
                                                      Kaiser Health News concludes, “With the nation’s
The Obama administration expects that by              health care spending estimated at $2.5 trillion
2013, between one-third and two-thirds of             this year, even the elimination of insurers’
the 133 million people with coverage through          profits and executive compensation would lower
large employers will lose their grandfathered         health care spending by just 0.5 percent.”23
status. Up to 80 percent of the 43 million
people in small employer plans will lose their



4                                                                                          Galen Institute
A Radical Restructuring of Health Insurance



Many states have applied to Washington to give      percentages to 70 percent for 2011 and 75
them flexibility because they say it’s impossible   percent for 2012.
for some carriers to comply with the MLR rule.
Thirteen states that have applied to the federal    Health and Human Services officials said in
government for temporary “adjustments” in           letters on November 27, 2011, to the insurance
MLR rules have been granted waivers. But the        commissioners in Indiana and Louisiana that the
Obama administration has turned down requests       government is denying their requests.25
from Indiana, Louisiana, North Dakota, and
Delaware that they be granted waivers from the      In addition, North Dakota warned that if the
health law’s strict directives.                     government denied its request for a waiver that
                                                    “consumers would be left without coverage” and
The stakes are high. Beginning this year,           many would have trouble finding new coverage,
insurance plans must provide rebates to plan        especially if they have a health condition.
enrollees if they can’t meet the standards.         Washington denied its request as well.
Overall, Aetna warns it may hemorrhage up to
$100 million thanks to MLRs this year.24 Many       This Washington-knows-best attitude that is
others face the same predicament.                   guiding the creation of more than 10,000 pages
                                                    of rules and regulations to implement the health
Companies that sell policies to individuals have    law will continue to cause a cascade of lost
higher marketing costs and higher customer          coverage because it is ignoring market forces in
service expenses, and it is especially difficult    favor of Washington rule-making.
for them to meet the MLR tests because their
administrative costs are necessarily higher.
                                                    obamacare spending cuts threaten
In addition, high-deductible policies provide
                                                    Medicare Advantage
customers protection against large medical
expenses, but carriers may not pay out the          While seniors are guaranteed coverage in
required percentage of premiums every year          Medicare, early changes impacting Medicare
in medical claims, making it very difficult for     Advantage (MA) plans already are leaving some
them to meet the MLR test. Many health              seniors with few choices of health plans.
insurance companies have slashed the number
of employees, cut agent commissions, and taken      For example, about 7,600 seniors in several
other harsh steps to reduce overhead, but this is   counties in New Hampshire received notice in
also slashing customer services.                    November 2011 that their Medicare Advantage
                                                    coverage is being discontinued. New Hampshire
Indiana argued that some carriers would be          has one of the highest percentages of Medicare
forced to stop selling policies in the state if     Advantage enrollees in New England.
they were not given relief from the rules. This
would lead to less competition and higher prices    “The private fee-for-service plans are going away
for consumers. Indiana asked HHS to lower the       and we’re left with one HMO in Rockingham,
threshold MLR percentage companies would            Carroll, and Hillsborough Counties,” said
have to meet, provide a permanent waiver for        Michelle Magarian, Medicare coordinator for
high-deductible plans, and provide a waiver for     Hillsborough County ServiceLink, as quoted in
new entrants into the individual market until       an article in the Union Leader.26
2014. Louisiana asked HHS to lower the MLR



www.galen.org                                                                                            5
A Radical Restructuring of Health Insurance



A Government Accountability Office (GAO)                The Congressional Budget Office has predicted
report found that the number of MA plans                that the cuts mandated in PPACA would
offered through April of 2011 had declined from         decrease enrollment by about 35 percent through
2,307 to 1,964.27 Most of the drop reflected a          2019.30 The Office of the Actuary at the Centers
decline in private fee-for-service plans.               for Medicare and Medicaid Services has found
                                                        that the reduction in MA payments would
Nonetheless, the Obama administration touted            eventually lead to those plans offering “less
the report and said that enrollment in the              generous benefits packages” for seniors and that
popular Medicare Advantage program had                  the coverage will cost them more. They estimate
continued to increase, reaching nearly 12               that seniors’ costs will go up by as much as $923
million by April 2011. That means that more             by 2017.31 Another report also demonstrated
than one-fourth of seniors have voluntarily             how MA enrollment will decrease.32 The study
decided to enroll in private health plans through       found that Medicare Advantage enrollment
Medicare Advantage.                                     will be cut in half by 2017 as a result of cuts
                                                        mandated in the health overhaul law, and that the
The administration says that the Government             choices of health plans will be reduced by two-
Accountability Office study shows the health            thirds, with an average of almost 18 fewer MA
law had little or no effect on Medicare                 plans being offered in each county.
Advantage enrollment in the first year after
enactment of ObamaCare. But less than one               Obama administration actuaries have predicted
percent of the health law’s cuts to MA actually         that the health law will force 7.4 million seniors
went into effect in 2011, according to the              to lose or be denied access to a Medicare
Congressional Budget Office.28                          Advantage plan. As described earlier, HHS
                                                        Secretary Kathleen Sebelius has tried to push off
The health law mandates that $136 billion be            this inevitable loss of coverage with a temporary
taken out of the program over the decade to help        boost in payments to the plans, but this only
pay for new health insurance subsidies. In an           means bigger cuts to come in subsequent years.
effort to delay the loss of Medicare Advantage
coverage that will result from PPACA cuts, HHS          A new study by the American Action Forum
notified carriers in its annual “call letter” earlier   found that PPACA “will dramatically reduce the
this year of the surprising news that per-capita        number and variety of healthcare plan choices
Medicare Advantage payments will increase by            available to seniors and reduce benefits and
1.6 percent for 2012. The temporary reprieve            enrollment.”33 The study found that nearly all
from the mandated cuts in Medicare Advantage            seniors in Medicare Advantage plans will find
spending will surely mean much deeper cuts —            that the plan they have chosen is either no longer
and coverage dislocations — to come.                    available or will have reduced benefits, higher
                                                        out-of-pocket costs, or both within five years. By
The Associated Press previously reported that           2017, nearly 15 million seniors “will either lose
the MA estimates for 2012 are likely to be skewed       their access to MA plans entirely or drop out due
due to bonuses paid out from a temporary, multi-        to reduced benefits. And, by 2017, the average
billion dollar demonstration/waiver program             person who was enrolled prior to PPACA would
— one that even Democrats admitted was                  lose $3,700 in health care services per year,” the
implemented because Medicare “could not tolerate        authors found. “When the new formula is fully
dislocation, given the political climate.”29            phased in, there will be 66 percent fewer choices



6                                                                                            Galen Institute
A Radical Restructuring of Health Insurance



available in each county in the U.S. on average,
with at least 152 U.S. counties losing all access
to MA plans.”


conclusion
Long before the law fully takes effect, PPACA is
harming workers, employers, and seniors as they
face fewer choices for health insurance.

Clearly, millions of people are having their
coverage disrupted, violating the promise that
President Obama — and virtually all of those
in Congress who voted for the law — made to
the American people. As the cascade continues,
support will grow for an alternative approach
to PPACA.



Grace-Marie Turner is president of the Galen Institute, a
non-profit research organization focusing on free-market
ideas for health reform. The views expressed in this
paper are hers and do not necessarily reflect the views of
the Galen Institute or its directors. She can be reached
at P.O. Box 320010, Alexandria, VA, 22320 or galen@
galen.org. This paper updates an earlier Galen Institute
paper on this topic, “Negative Consequences of Health
Law Force Health Insurers to Withdraw from Markets
Across the Country.”34




www.galen.org                                                                                         7
A Radical Restructuring of Health Insurance



ENDNOTES
1 Remarks of President Barack Obama — As Prepared for Delivery to the American Medical Association,
  June 15, 2009, http://blogs.wsj.com/washwire/2009/06/15/obama-if-you-like-your-doctor-you-can-keep-
  your-doctor/.

2 Shubham Singhal, Jeris Stueland, and Drew Ungerman, “How US health care reform will affect employee
  benefits,” McKinsey Quarterly, June 2011, www.mckinseyquarterly.com/Health_Care/Strategy_Analysis/
  How_US_health_care_reform_will_affect_employee_benefits_2813.

3 Paul Fronstin, “Sources of Health Insurance and Characteristics of the Uninsured: Analysis of the March
  2010 Current Population Survey,” Employee Benefit Research Institute, September 2010, www.ebri.org/pdf/
  briefspdf/EBRI_IB_09-2010_No347_Uninsured1.pdf.

4 Adam Belz, “Iowa insurer exits some individual health policies,” The Des Moines Register, October 20, 2011.

5 John Golden, “Insurer to drop small-business health plans,” Westfair Online, November 11, 2011,
  http://westfaironline.com/2011/17248-insurer-to-drop-small-business-health-plans/.

6 Letter from American Enterprise Group Inc. to Indiana Insurance Commissioner Steve Robertson, October 20,
  2011, http://cciio.cms.gov/programs/marketreforms/mlr/states/indiana/in_american_enterprise_letter.pdf.

7 Sara Hansard, “NAIC Approves Resolution Urging MLR Changes to Keep Brokers in Business,” Health Care
  Daily Report (BNA), November 29, 2011, www.bna.com/naic-approves-resolution-n12884904568/.

8 Reed Abelson, “Insurer Cuts Health Plan as New Law Takes Hold,” The New York Times, September 30, 2010,
  www.nytimes.com/2010/10/01/health/policy/01insure.html.

9 Jerry Geisel, “Guardian to Exit Group Medical Insurance Market,” Business Insurance, January 27, 2011,
  www.businessinsurance.com/article/20110127/BENEFITS02/110129919.

10 Cigna Corporation, “Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for
   the Fiscal Year Ended December 31, 2010,” www.cigna.com/about_us/investor_relations/sec_filings/4Q2010/
   cigna10k20101231.html.

11 Michael Booth, “Aetna to drop small groups in Colorado,” The Denver Post, September 29, 2010,
   www.denverpost.com/business/ci_16199735.

12 “Aetna Drops Individuals in Colorado,” United Press International, February 1, 2011, www.upi.com/
   Business_News/2011/02/01/Aetna-drops-individuals-in-Colorado/UPI-58251296591876/.

13 Adam Belz, “Iowa insurer exits some individual health policies,” The Des Moines Register, October 20, 2011.

14 Trip Jennings, “Health insurance companies drop NM policies for individuals, small groups,” The New Mexico
   Independent, October 26, 2010, http://newmexicoindependent.com/65802/health-insurance-companies-drop-
   nm-policies-for-individuals-small-groups.

15 Kirsten Stewart, “Insurer drops out of Utah Health Exchange,” The Salt Lake Tribune, October 11, 2011,
   www.sltrib.com/sltrib/news/52705095-78/exchange-humana-health-utah.html.csp.

    “Small Employers — Utah Health Exchange Participating Providers,” Utah Health Exchange, www.exchange.
    utah.gov/find-insurance/small-employers?start=4.


8                                                                                                    Galen Institute
A Radical Restructuring of Health Insurance




16 Bob Graham, “UniCare bows to Anthem, CareFirst With Planned Exit from Virginia,” IFAwebnews.com,
   June 30, 2010, http://ifawebnews.com/2010/06/30/unicare-bows-to-anthem-carefirst-with-planned-exit-
   from-virginia/.

17 James A. Slabaugh, nHealth letter to nHealth agents, June 2, 2010, www.richmondbizsense.com/images/
   nhealthletter.pdf.

18 David W. Emmons, Ph.D., José R. Guardado, Ph.D., and Carol K. Kane, Ph.D., Competition in Health Insurance: A
   Comprehensive Study of U.S. Markets, 2011 Update, American Medical Association, https://catalog.ama-assn.org/
   Catalog/product/product_detail.jsp?productId=prod1940016.

19 “Health Care Reform Law’s Impact on Child-Only Health Insurance Policies,” Senate Committee on Health,
   Education, Labor and Pensions, August 2, 2011, http://help.senate.gov/imo/media/doc/Child-Only%20
   Health%20Insurance%20Report%20Aug%202,%202011.pdf.

20 Ibid.

21 “Employer Reaction to Health Care Reform: Grandfathered Status Survey,” Aon Hewitt, August 2010,
   www.aon.com/attachments/Employer_Reaction_HC_Reform_GF_SC.pdf.

22 “Fact Sheet: Keeping the Health Plan You Have: The Affordable Care Act and ‘Grandfathered’ Health Plans,”
   U.S. Department of Health and Human Services, HealthReform.gov, www.healthreform.gov/newsroom/
   keeping_the_health_plan_you_have.html.

23 Jordan Rau, “Ad Audit: ‘What If ?’,” Kaiser Health News, June 19, 2009, www.kaiserhealthnews.org/
   AdAudit/061909HCAN.aspx.

24 Sally C. Pipes, “ObamaCare Is Starting To Bleed Insurers Dry,” Forbes, February 24, 2011,
   www.forbes.com/2011/02/23/obamacare-insurance-regulation-opinions-contributors-sally-pipes.html.

25 Steven B. Larsen, Letter to Louisiana Insurance Commissioner James J. Donelon regarding State of Louisiana’s
   Request for Adjustment to Medical Loss Ratio Standard, November 27, 2011, http://cciio.cms.gov/programs/
   marketreforms/mlr/states/louisiana/la_mlr_det_letter.pdf.pdf.

   Steven B. Larsen, Letter to Indiana Insurance Commissioner Stephen W. Robertson regarding Indiana’s
   Request for Adjustment to Medical Loss Ratio Standard, November 27, 2011, www.in.gov/gov/files/
   Press/112811HHSLetter.pdf.

26 Julie Hanson, “Medicare questions just keep coming,” Union Leader, November 30, 2011, www.unionleader.com/
   article/20111130/NEWS06/711309971.

27 James C. Cosgrove, “Medicare Advantage: Enrollment Increased from 2010 to 2011 while Premiums Decreased
   and Benefit Packages Were Stable,” Government Accountability Office, October 2011, www.gao.gov/new.
   items/d1293.pdf.

28 Letter to House Speaker Nancy Pelosi from CBO Director Douglas Elmendorf on the cost estimates for the
   Patient Protection and Affordable Care Act, March 20, 2010, http://cbo.gov/ftpdocs/113xx/doc11379/
   AmendReconProp.pdf.




www.galen.org                                                                                                     9
A Radical Restructuring of Health Insurance



29 Ricardo Alonso-Zaldivar, “Obama administration eases pain of Medicare cuts,” Associated Press, April
   19, 2011, www.washingtontimes.com/news/2011/apr/19/obama-administration-eases-pain-medicare-
   cuts/?page=all.

30 “Selected CBO Publications Related to Health Care Legislation, 2009 – 2010,” Congressional Budget Office,
   December 2010, www.cbo.gov/ftpdocs/120xx/doc12033/12-23-SelectedHealthcarePublications.pdf.

31 Letter to Senator Charles E. Grassley from CMS Actuary Richard S. Foster, October 8, 2010, http://op.bna.
   com/hl.nsf/id/bbrk-8a7t97/$File/ActuaryCMSOct2010.pdf.

32 Robert A. Book and Michael Ramlet, “What Changes will Health Reform Bring to Medicare Advantage Plan
   Benefits and Enrollment?,” Medical Industry Leadership Institute, Carlson School of Management, October
   2011, http://americanactionforum.org/sites/default/files/Embargoed_Book+Ramlet_MILI-Working-
   Paper_2011-10-13_Final.pdf.

     “ACA’s Post-Election Impact on Medicare Advantage: State by State Analysis from 2013 to 2017,”
     University of Minnesota’s Medical Industry Leadership Institute Working Paper, October 12, 2011, http://
     americanactionforum.org/sites/default/files/Embargoed_OHC_MA_Impact_Maps_10-13-2011_Final.pdf.

33 Robert A. Book and Michael Ramlet, “What Changes will Health Reform Bring to Medicare Advantage Plan
   Benefits and Enrollment?,” Medical Industry Leadership Institute, Carlson School of Management, October
   2011, http://americanactionforum.org/sites/default/files/Embargoed_Book+Ramlet_MILI-Working-
   Paper_2011-10-13_Final.pdf.

34 Grace-Marie Turner, “Negative Consequences of Health Law Force Health Insurers to Withdraw from
   Markets Across the Country,” Galen Institute, February 25, 2011, www.galen.org.




ABOuT THE GALEN INSTITuTE
The Galen Institute is a non-profit public policy research organization devoted exclusively to advancing
free-market ideas in health policy. We work to promote a more informed public debate over ideas that support
innovation, individual freedom, consumer choice, and competition in the health sector.

                www.galen.org       twitter.com/GalenInstitute    facebook.com/GalenInstitute



10                                                                                                  Galen Institute

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Radical restructuring

  • 1. A RAdicAl ReStRuctuRing of HeAltH inSuRAnce Millions to lose the health coverage they have now By Grace-Marie Turner • December 2011 One of the most fervent promises President have now as health insurers are dropping out Obama made to the American people before of markets in many states. Some of the carriers passage of the health overhaul law was “If you are exiting because of onerous state regulations, like your health care plan, you will be able to others are victims of a faltering economy, but keep your health care plan. Period. No one will the cascade has been accelerated by the rules that take it away. No matter what.”1 already have taken effect and the many more that are to come as a result of PPACA. But, even before the law fully takes effect, millions of people are losing “the coverage they have now,” In this paper, we provide: and tens of millions more surely will follow. •  an overview of carriers leaving the private A major survey of employer plans provides health insurance market evidence. McKinsey & Company surveyed 1,300 •  the impact of Obama administration rules employers across industries, geographies, and on the child-only health insurance market employer sizes, and concluded that the Patient Protection and Affordable Care Act (PPACA) •  the disruptions caused by rules governing will lead to a “radical restructuring” of job-based health premium payouts and “grandfathering,” health coverage.2 McKinsey found that 45 to 50 and percent of employers say they will definitely •  the threats to the Medicare Advantage market. or probably pursue alternatives to employer- sponsored health insurance in the years after it takes effect in 2014. One-third of employers say Some health plans are already they “will definitely or probably drop coverage leaving markets after 2014.” Among employers who knew most The American Enterprise Group announced in about the new health law, half said they were October 2011 that it would stop offering non- likely to drop coverage. group health insurance in more than 20 states.4 As a result, 35,000 people will lose the health Since an estimated 156 million non-elderly coverage they have now. The company cited Americans get health insurance at work, according regulatory burdens, including the “medical loss to the Employee Benefit Research Institute,3 that ratio” (MLR) requirements (see page 4 for more), means as many as 78 million people could be in explaining its decision to leave the markets. forced to find other sources of coverage. This means there will be less competition in these 20 states, resulting in higher prices for So clearly President Obama’s key promise will consumers in many cases. be broken after the law fully takes effect. But the deterioration in coverage already has begun as In New York, Empire BlueCross BlueShield many people already are losing the coverage they said it will drop in the spring of 2012 health
  • 2. A Radical Restructuring of Health Insurance insurance plans covering about 20,000 businesses These are the latest in a series of in the state. Mark Wagar, president and CEO announcements that health insurers are leaving of Empire, said that the company will eliminate the market as a result of ObamaCare’s edicts. seven of the 13 group plans it currently offers to But there are many more. businesses which have two to 50 employees. The move is expected to have a great and potentially the exodus continues “catastrophic” impact on small businesses in New York, according to James L. Newhouse, president Citizens in states around the country have of Newhouse Financial and Insurance Brokers learned that carriers are leaving markets, largely in Rye Brook, NY. 5 This loss of competition as a consequence of the combined effect of the inevitably will lead to higher prices and fewer health law and state regulations that make it choices for businesses and their employees. particularly difficult to offer coverage in the small group market. In Colorado, World Insurance Company/ American Republic Insurance Company Principal Financial Group, based in Iowa, announced in October 2011 that it is leaving the announced in 2010 that it would stop selling individual market, citing the company’s inability health insurance, impacting 840,000 people to comply with insurance regulations.6 who receive their insurance through employers served by the company. The company assessed In Indiana, nearly 10 percent of the state’s its ability to compete in the new environment health insurance carriers have withdrawn from created by PPACA and concluded its best course the market because they are unable to comply was to stop selling health insurance policies.8 with the federal medical loss ratio requirement. Indiana was hoping to bring the companies back Another 42,000 employees of small and midsize by asking the Department of Health and Human employers learned in January 2011 they were Services (HHS) for a waiver from the rule, but losing their health coverage with Guardian Washington refused in late November 2011 to Life Insurance Co. of America. The company grant the waiver. announced it was leaving the group medical insurance market (it had reached an agreement “Once again, the Obama administration took with UnitedHealthcare to renew coverage for a position in favor of higher health care costs Guardian clients).9 Guardian began withdrawing and against personal freedom,” said Indiana from the medical insurance market in specific Governor Mitch Daniels after receiving the states more than a decade ago, and says it would letter notifying him of Washington’s decision. be leaving the market with or without PPACA. “Today’s letter is further proof that the PPACA is a catastrophe for America and must Cigna announced that it is no longer offering be repealed.”7 The MLR rules are particularly health insurance coverage to small businesses difficult to meet for plans such as Health Savings in 16 states and the District of Columbia: Accounts which offer high-deductible coverage, California, Connecticut, Florida, Georgia, and Indiana has a particularly high concentration Hawaii, Illinois, Kansas, Missouri, New of the popular cost-saving plans. Indiana had Hampshire, New York, North Carolina, Ohio, proposed an alternative approach to phase in the Pennsylvania, South Carolina, Texas, Virginia, MLR triggers, but it was denied by HHS. and Washington, D.C.10 2 Galen Institute
  • 3. A Radical Restructuring of Health Insurance In Colorado, Aetna will stop selling new health insurers had a combined commercial market insurance to small groups in the state and is share of 70 percent or more. moving existing clients off its plans this year, affecting 1,200 companies and 5,200 employees This is a negative and destructive trend, leaving and their dependents. 11 Aetna also has pulled fewer carriers to serve these markets and giving out of Colorado’s individual market because small businesses and the insurance agents who of concerns about its ability to compete there, serve them less leverage to negotiate better benefits dropping 22,000 members.12 Aetna also has and lower rates among competing companies. dropped out of the small-group market in Michigan and several other states. children-only policies Since June of 2010, 13 plans have left the health One of the provisions of the health law insurance market in Iowa, citing regulatory that the Obama administration touts most concerns.13 enthusiastically is the requirement that employers who offer dependent coverage allow In New Mexico, four insurers — National employees to add their 26 year old “children” Health Insurance, Aetna, John Alden, and to their policies. It is highly ironic, then, that Principle — are no longer offering insurance to another provision is causing huge losses of individuals or to small businesses — drying up coverage among children whose parents or the market and driving out competition.14 guardians were buying health insurance policies for them on their own. In Utah, Humana is ending its participation in the Utah Health Exchange, leaving only three One of the earliest indications of lost coverage carriers participating in the exchange.15 came in June 2010 when Health and Human Services Secretary Kathleen Sebelius told In Virginia, UniCare has eliminated its health insurers that they must write policies individual market coverage for about 3,000 for children under 19, including those with policyholders.16 And shortly after the health pre-existing conditions, no matter when their law was enacted in 2010, a new Virginia-based parents and guardians apply. This creates an company, nHealth, announced it was closing its incentive for parents to wait to buy the coverage doors, saying that the regulatory burdens posed until the children have a significant medical by the health law made it impossible to gain condition. This in turn creates a substantial risk investor support to continue operating.17 of “adverse selection,” which makes it financially unsustainable for health plans to continue to These announcements that carriers are exiting offer these policies. Rather than wait for this to markets accelerates a trend that the American happen, many carriers have decided to leave this Medical Association says leaves four out of market altogether. five metropolitan areas in the United States without a competitive health insurance market.18 Sen. Michael Enzi, ranking Republican on The report found that in about half of the the Health, Education, Labor, and Pensions metropolitan markets, at least one health insurer Committee, asked his staff to survey the states had a commercial market share of 50 percent to find out how many were offering child-only or more. In 24 states, the two largest health policies.19 Of the 50 states that responded to the HELP Committee survey, 17 states said there are www.galen.org 3
  • 4. A Radical Restructuring of Health Insurance no carriers currently selling these plans to new grandfathered protection. Up to 70 percent of enrollees. One of the largest insurance markets those with coverage in the individual market in the country, Texas, has seen all of its carriers would be forced to comply with expensive new drop child-only health insurance. Other states federal rules within a year. 22 Few of them are that no longer have carriers selling child-only likely to lose coverage in the short term, but plans include Alaska, Arizona, Connecticut, most will lose the coverage they have now. Delaware, Florida, Georgia, Idaho, Minnesota, Nebraska, Nevada, North Dakota, Oklahoma, The grandfathering rules back employers into a South Carolina, Tennessee, West Virginia, and corner. They cannot make changes, other than Wyoming. The HELP Committee updated its minor modifications, to their health plans to keep survey of the child-only market and released a costs down without being forced to comply with paper in August 2011 with a detailed summary expensive PPACA regulations that increase their of the states impacted.20 health costs. grandfathering rules obamacare regulations cause havoc Other factors are contributing to disruptions of in the insurance market coverage, including regulations to implement Another provision in the health overhaul PPACA. The Obama administration’s own law, the “minimum medical loss ratio” (MLR) estimates show that seven out of 10 Americans requirement, mandates that health insurance with employer-based coverage could lose carriers spend most of the money they collect the health plans they have now as a result from premiums on direct medical care. The MLR of the law and will not be able to keep the is another contributor to lost coverage. promised “grandfathered” status. This was the commitment to employers that if they offered Sec. Sebelius refused to listen to the carriers coverage now, it would be “grandfathered in” and when they asked her to use her authorized they could avoid most of the new coverage rules discretion to delay for at least a year the MLR in the health overhaul law. requirement. The MLR rules require insurance companies to spend at least 80 percent of While most companies initially hoped they premiums received in the individual and small- would be able to preserve much of their existing group markets and 85 percent in the large- group health plans under the new grandfather group market on medical claims. These rules are provisions, a survey by Aon Hewitt Consulting designed to limit supposedly wasteful spending found almost will not.21 The rules developed on administration and profits. But insurers are by the Obama administration to define what hardly careless with premium dollars. According grandfathered status entails were so onerous that to Fortune magazine, health insurance is among few companies will be able to comply. the least profitable industry sector in America. Kaiser Health News concludes, “With the nation’s The Obama administration expects that by health care spending estimated at $2.5 trillion 2013, between one-third and two-thirds of this year, even the elimination of insurers’ the 133 million people with coverage through profits and executive compensation would lower large employers will lose their grandfathered health care spending by just 0.5 percent.”23 status. Up to 80 percent of the 43 million people in small employer plans will lose their 4 Galen Institute
  • 5. A Radical Restructuring of Health Insurance Many states have applied to Washington to give percentages to 70 percent for 2011 and 75 them flexibility because they say it’s impossible percent for 2012. for some carriers to comply with the MLR rule. Thirteen states that have applied to the federal Health and Human Services officials said in government for temporary “adjustments” in letters on November 27, 2011, to the insurance MLR rules have been granted waivers. But the commissioners in Indiana and Louisiana that the Obama administration has turned down requests government is denying their requests.25 from Indiana, Louisiana, North Dakota, and Delaware that they be granted waivers from the In addition, North Dakota warned that if the health law’s strict directives. government denied its request for a waiver that “consumers would be left without coverage” and The stakes are high. Beginning this year, many would have trouble finding new coverage, insurance plans must provide rebates to plan especially if they have a health condition. enrollees if they can’t meet the standards. Washington denied its request as well. Overall, Aetna warns it may hemorrhage up to $100 million thanks to MLRs this year.24 Many This Washington-knows-best attitude that is others face the same predicament. guiding the creation of more than 10,000 pages of rules and regulations to implement the health Companies that sell policies to individuals have law will continue to cause a cascade of lost higher marketing costs and higher customer coverage because it is ignoring market forces in service expenses, and it is especially difficult favor of Washington rule-making. for them to meet the MLR tests because their administrative costs are necessarily higher. obamacare spending cuts threaten In addition, high-deductible policies provide Medicare Advantage customers protection against large medical expenses, but carriers may not pay out the While seniors are guaranteed coverage in required percentage of premiums every year Medicare, early changes impacting Medicare in medical claims, making it very difficult for Advantage (MA) plans already are leaving some them to meet the MLR test. Many health seniors with few choices of health plans. insurance companies have slashed the number of employees, cut agent commissions, and taken For example, about 7,600 seniors in several other harsh steps to reduce overhead, but this is counties in New Hampshire received notice in also slashing customer services. November 2011 that their Medicare Advantage coverage is being discontinued. New Hampshire Indiana argued that some carriers would be has one of the highest percentages of Medicare forced to stop selling policies in the state if Advantage enrollees in New England. they were not given relief from the rules. This would lead to less competition and higher prices “The private fee-for-service plans are going away for consumers. Indiana asked HHS to lower the and we’re left with one HMO in Rockingham, threshold MLR percentage companies would Carroll, and Hillsborough Counties,” said have to meet, provide a permanent waiver for Michelle Magarian, Medicare coordinator for high-deductible plans, and provide a waiver for Hillsborough County ServiceLink, as quoted in new entrants into the individual market until an article in the Union Leader.26 2014. Louisiana asked HHS to lower the MLR www.galen.org 5
  • 6. A Radical Restructuring of Health Insurance A Government Accountability Office (GAO) The Congressional Budget Office has predicted report found that the number of MA plans that the cuts mandated in PPACA would offered through April of 2011 had declined from decrease enrollment by about 35 percent through 2,307 to 1,964.27 Most of the drop reflected a 2019.30 The Office of the Actuary at the Centers decline in private fee-for-service plans. for Medicare and Medicaid Services has found that the reduction in MA payments would Nonetheless, the Obama administration touted eventually lead to those plans offering “less the report and said that enrollment in the generous benefits packages” for seniors and that popular Medicare Advantage program had the coverage will cost them more. They estimate continued to increase, reaching nearly 12 that seniors’ costs will go up by as much as $923 million by April 2011. That means that more by 2017.31 Another report also demonstrated than one-fourth of seniors have voluntarily how MA enrollment will decrease.32 The study decided to enroll in private health plans through found that Medicare Advantage enrollment Medicare Advantage. will be cut in half by 2017 as a result of cuts mandated in the health overhaul law, and that the The administration says that the Government choices of health plans will be reduced by two- Accountability Office study shows the health thirds, with an average of almost 18 fewer MA law had little or no effect on Medicare plans being offered in each county. Advantage enrollment in the first year after enactment of ObamaCare. But less than one Obama administration actuaries have predicted percent of the health law’s cuts to MA actually that the health law will force 7.4 million seniors went into effect in 2011, according to the to lose or be denied access to a Medicare Congressional Budget Office.28 Advantage plan. As described earlier, HHS Secretary Kathleen Sebelius has tried to push off The health law mandates that $136 billion be this inevitable loss of coverage with a temporary taken out of the program over the decade to help boost in payments to the plans, but this only pay for new health insurance subsidies. In an means bigger cuts to come in subsequent years. effort to delay the loss of Medicare Advantage coverage that will result from PPACA cuts, HHS A new study by the American Action Forum notified carriers in its annual “call letter” earlier found that PPACA “will dramatically reduce the this year of the surprising news that per-capita number and variety of healthcare plan choices Medicare Advantage payments will increase by available to seniors and reduce benefits and 1.6 percent for 2012. The temporary reprieve enrollment.”33 The study found that nearly all from the mandated cuts in Medicare Advantage seniors in Medicare Advantage plans will find spending will surely mean much deeper cuts — that the plan they have chosen is either no longer and coverage dislocations — to come. available or will have reduced benefits, higher out-of-pocket costs, or both within five years. By The Associated Press previously reported that 2017, nearly 15 million seniors “will either lose the MA estimates for 2012 are likely to be skewed their access to MA plans entirely or drop out due due to bonuses paid out from a temporary, multi- to reduced benefits. And, by 2017, the average billion dollar demonstration/waiver program person who was enrolled prior to PPACA would — one that even Democrats admitted was lose $3,700 in health care services per year,” the implemented because Medicare “could not tolerate authors found. “When the new formula is fully dislocation, given the political climate.”29 phased in, there will be 66 percent fewer choices 6 Galen Institute
  • 7. A Radical Restructuring of Health Insurance available in each county in the U.S. on average, with at least 152 U.S. counties losing all access to MA plans.” conclusion Long before the law fully takes effect, PPACA is harming workers, employers, and seniors as they face fewer choices for health insurance. Clearly, millions of people are having their coverage disrupted, violating the promise that President Obama — and virtually all of those in Congress who voted for the law — made to the American people. As the cascade continues, support will grow for an alternative approach to PPACA. Grace-Marie Turner is president of the Galen Institute, a non-profit research organization focusing on free-market ideas for health reform. The views expressed in this paper are hers and do not necessarily reflect the views of the Galen Institute or its directors. She can be reached at P.O. Box 320010, Alexandria, VA, 22320 or galen@ galen.org. This paper updates an earlier Galen Institute paper on this topic, “Negative Consequences of Health Law Force Health Insurers to Withdraw from Markets Across the Country.”34 www.galen.org 7
  • 8. A Radical Restructuring of Health Insurance ENDNOTES 1 Remarks of President Barack Obama — As Prepared for Delivery to the American Medical Association, June 15, 2009, http://blogs.wsj.com/washwire/2009/06/15/obama-if-you-like-your-doctor-you-can-keep- your-doctor/. 2 Shubham Singhal, Jeris Stueland, and Drew Ungerman, “How US health care reform will affect employee benefits,” McKinsey Quarterly, June 2011, www.mckinseyquarterly.com/Health_Care/Strategy_Analysis/ How_US_health_care_reform_will_affect_employee_benefits_2813. 3 Paul Fronstin, “Sources of Health Insurance and Characteristics of the Uninsured: Analysis of the March 2010 Current Population Survey,” Employee Benefit Research Institute, September 2010, www.ebri.org/pdf/ briefspdf/EBRI_IB_09-2010_No347_Uninsured1.pdf. 4 Adam Belz, “Iowa insurer exits some individual health policies,” The Des Moines Register, October 20, 2011. 5 John Golden, “Insurer to drop small-business health plans,” Westfair Online, November 11, 2011, http://westfaironline.com/2011/17248-insurer-to-drop-small-business-health-plans/. 6 Letter from American Enterprise Group Inc. to Indiana Insurance Commissioner Steve Robertson, October 20, 2011, http://cciio.cms.gov/programs/marketreforms/mlr/states/indiana/in_american_enterprise_letter.pdf. 7 Sara Hansard, “NAIC Approves Resolution Urging MLR Changes to Keep Brokers in Business,” Health Care Daily Report (BNA), November 29, 2011, www.bna.com/naic-approves-resolution-n12884904568/. 8 Reed Abelson, “Insurer Cuts Health Plan as New Law Takes Hold,” The New York Times, September 30, 2010, www.nytimes.com/2010/10/01/health/policy/01insure.html. 9 Jerry Geisel, “Guardian to Exit Group Medical Insurance Market,” Business Insurance, January 27, 2011, www.businessinsurance.com/article/20110127/BENEFITS02/110129919. 10 Cigna Corporation, “Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the Fiscal Year Ended December 31, 2010,” www.cigna.com/about_us/investor_relations/sec_filings/4Q2010/ cigna10k20101231.html. 11 Michael Booth, “Aetna to drop small groups in Colorado,” The Denver Post, September 29, 2010, www.denverpost.com/business/ci_16199735. 12 “Aetna Drops Individuals in Colorado,” United Press International, February 1, 2011, www.upi.com/ Business_News/2011/02/01/Aetna-drops-individuals-in-Colorado/UPI-58251296591876/. 13 Adam Belz, “Iowa insurer exits some individual health policies,” The Des Moines Register, October 20, 2011. 14 Trip Jennings, “Health insurance companies drop NM policies for individuals, small groups,” The New Mexico Independent, October 26, 2010, http://newmexicoindependent.com/65802/health-insurance-companies-drop- nm-policies-for-individuals-small-groups. 15 Kirsten Stewart, “Insurer drops out of Utah Health Exchange,” The Salt Lake Tribune, October 11, 2011, www.sltrib.com/sltrib/news/52705095-78/exchange-humana-health-utah.html.csp. “Small Employers — Utah Health Exchange Participating Providers,” Utah Health Exchange, www.exchange. utah.gov/find-insurance/small-employers?start=4. 8 Galen Institute
  • 9. A Radical Restructuring of Health Insurance 16 Bob Graham, “UniCare bows to Anthem, CareFirst With Planned Exit from Virginia,” IFAwebnews.com, June 30, 2010, http://ifawebnews.com/2010/06/30/unicare-bows-to-anthem-carefirst-with-planned-exit- from-virginia/. 17 James A. Slabaugh, nHealth letter to nHealth agents, June 2, 2010, www.richmondbizsense.com/images/ nhealthletter.pdf. 18 David W. Emmons, Ph.D., José R. Guardado, Ph.D., and Carol K. Kane, Ph.D., Competition in Health Insurance: A Comprehensive Study of U.S. Markets, 2011 Update, American Medical Association, https://catalog.ama-assn.org/ Catalog/product/product_detail.jsp?productId=prod1940016. 19 “Health Care Reform Law’s Impact on Child-Only Health Insurance Policies,” Senate Committee on Health, Education, Labor and Pensions, August 2, 2011, http://help.senate.gov/imo/media/doc/Child-Only%20 Health%20Insurance%20Report%20Aug%202,%202011.pdf. 20 Ibid. 21 “Employer Reaction to Health Care Reform: Grandfathered Status Survey,” Aon Hewitt, August 2010, www.aon.com/attachments/Employer_Reaction_HC_Reform_GF_SC.pdf. 22 “Fact Sheet: Keeping the Health Plan You Have: The Affordable Care Act and ‘Grandfathered’ Health Plans,” U.S. Department of Health and Human Services, HealthReform.gov, www.healthreform.gov/newsroom/ keeping_the_health_plan_you_have.html. 23 Jordan Rau, “Ad Audit: ‘What If ?’,” Kaiser Health News, June 19, 2009, www.kaiserhealthnews.org/ AdAudit/061909HCAN.aspx. 24 Sally C. Pipes, “ObamaCare Is Starting To Bleed Insurers Dry,” Forbes, February 24, 2011, www.forbes.com/2011/02/23/obamacare-insurance-regulation-opinions-contributors-sally-pipes.html. 25 Steven B. Larsen, Letter to Louisiana Insurance Commissioner James J. Donelon regarding State of Louisiana’s Request for Adjustment to Medical Loss Ratio Standard, November 27, 2011, http://cciio.cms.gov/programs/ marketreforms/mlr/states/louisiana/la_mlr_det_letter.pdf.pdf. Steven B. Larsen, Letter to Indiana Insurance Commissioner Stephen W. Robertson regarding Indiana’s Request for Adjustment to Medical Loss Ratio Standard, November 27, 2011, www.in.gov/gov/files/ Press/112811HHSLetter.pdf. 26 Julie Hanson, “Medicare questions just keep coming,” Union Leader, November 30, 2011, www.unionleader.com/ article/20111130/NEWS06/711309971. 27 James C. Cosgrove, “Medicare Advantage: Enrollment Increased from 2010 to 2011 while Premiums Decreased and Benefit Packages Were Stable,” Government Accountability Office, October 2011, www.gao.gov/new. items/d1293.pdf. 28 Letter to House Speaker Nancy Pelosi from CBO Director Douglas Elmendorf on the cost estimates for the Patient Protection and Affordable Care Act, March 20, 2010, http://cbo.gov/ftpdocs/113xx/doc11379/ AmendReconProp.pdf. www.galen.org 9
  • 10. A Radical Restructuring of Health Insurance 29 Ricardo Alonso-Zaldivar, “Obama administration eases pain of Medicare cuts,” Associated Press, April 19, 2011, www.washingtontimes.com/news/2011/apr/19/obama-administration-eases-pain-medicare- cuts/?page=all. 30 “Selected CBO Publications Related to Health Care Legislation, 2009 – 2010,” Congressional Budget Office, December 2010, www.cbo.gov/ftpdocs/120xx/doc12033/12-23-SelectedHealthcarePublications.pdf. 31 Letter to Senator Charles E. Grassley from CMS Actuary Richard S. Foster, October 8, 2010, http://op.bna. com/hl.nsf/id/bbrk-8a7t97/$File/ActuaryCMSOct2010.pdf. 32 Robert A. Book and Michael Ramlet, “What Changes will Health Reform Bring to Medicare Advantage Plan Benefits and Enrollment?,” Medical Industry Leadership Institute, Carlson School of Management, October 2011, http://americanactionforum.org/sites/default/files/Embargoed_Book+Ramlet_MILI-Working- Paper_2011-10-13_Final.pdf. “ACA’s Post-Election Impact on Medicare Advantage: State by State Analysis from 2013 to 2017,” University of Minnesota’s Medical Industry Leadership Institute Working Paper, October 12, 2011, http:// americanactionforum.org/sites/default/files/Embargoed_OHC_MA_Impact_Maps_10-13-2011_Final.pdf. 33 Robert A. Book and Michael Ramlet, “What Changes will Health Reform Bring to Medicare Advantage Plan Benefits and Enrollment?,” Medical Industry Leadership Institute, Carlson School of Management, October 2011, http://americanactionforum.org/sites/default/files/Embargoed_Book+Ramlet_MILI-Working- Paper_2011-10-13_Final.pdf. 34 Grace-Marie Turner, “Negative Consequences of Health Law Force Health Insurers to Withdraw from Markets Across the Country,” Galen Institute, February 25, 2011, www.galen.org. ABOuT THE GALEN INSTITuTE The Galen Institute is a non-profit public policy research organization devoted exclusively to advancing free-market ideas in health policy. We work to promote a more informed public debate over ideas that support innovation, individual freedom, consumer choice, and competition in the health sector. www.galen.org twitter.com/GalenInstitute facebook.com/GalenInstitute 10 Galen Institute