Kansas' new law allowing the sale of health plans that can
turn away people with pre-existing medical conditions has heightened
concerns that more states may move to allow leaner, cheaper plans that
don't comply with Affordable Care Act rules.
So far,
three states have passed laws allowing their Farm Bureaus to bypass ACA
rules and sell health plans that are free from any state insurance
regulation. Kansas became the latest last week. The state's Democratic
governor let the bill
become law without her signature in the hope of winning GOP support for
a bill to expand Medicaid to low-income adults, though that remains
uncertain.
The move toward the skimpy plans comes despite strong public support for prohibiting insurers from discriminating against people with pre-existing conditions, and recent congressional Republican bills that would bar health insurers from doing so.
Neither
the Obama administration nor the Trump administration has taken any
steps to require these plans to follow the federal insurance rules.
Experts doubt any legal challenge would succeed because laws in those
three states explicitly declare that Farm Bureau plans are not licensed
or regulated as health insurance. Therefore, they likely are not subject
to ACA requirements such as guaranteed issue and minimum essential
benefits.
CMS Administrator Seema Verma gave a speech on
Tuesday encouraging states to seek waivers easing the rules for the
types of plans insurers can offer.
Cheaper, skinnier
plans that can use medical underwriting could destabilize the ACA market
by siphoning healthier people away from ACA-compliant plans and driving
up premiums, experts say.
"It may not be immediate, but
it won't take long," said Sandy Praeger, a Republican and former Kansas
insurance commissioner who opposed the bill. "The only way the Farm
Bureau can sell cheaper policies is by limiting benefits and only
insuring people who are low risk. This could spread to other states."
The
stated purpose of the new Kansas law is to make cheaper coverage
available to farm families whose incomes are too high to qualify for ACA
premium subsidies, though any Kansas resident can pay the $45 to $65
membership fee and apply for coverage. The Farm Bureau claims its plans
will be up to 30% to 50% cheaper than ACA exchange plans. It's estimated
that 11,000 to 42,000 Kansans will be covered by the plans, said Ryan
Flickner, the Kansas Farm Bureau's senior director of advocacy.
In letting the bill pass without her signature, Kansas Gov. Laura Kelly voiced "serious reservations" about it.
"I
believe it is fundamentally wrong to deny health coverage to anyone
because they have a pre-existing condition," the Democrat said in a
written statement. "It troubles me that only two other states in the
nation have implemented a model similar to this bill, making the
long-term impact uncertain."
Blue Cross and Blue Shield of Kansas and Minnesota-based Medica, which both sell exchange plans in Kansas, strongly opposed the Farm Bureau bill. Neither offered comment on the bill.
The Kansas Farm Bureau has not indicated what its new health plans will look like. Kansas Farm Bureau CEO Terry Holdren previously told lawmakers
that premiums would be much cheaper mainly because the plans would be
exempt from state and federal rules. The bill "would give us the ability
to say no to folks if they don't meet our underwriting standards," he
said.
But Flickner said the new Kansas plans likely will
resemble those offered by the Iowa Farm Bureau, which allows anyone who
pays the organization's annual dues to apply for coverage. The Kansas
Farm Bureau and its third-party administrator will use medical
underwriting to decide whom to cover and how much to charge, he added.
"We
don't anticipate this will pull people from exchange," he said. "Our
primary target audience is members we've been hearing from who are
completely uninsured today, and some members who have gone on
faith-based healthcare sharing programs."
In Iowa, applicants are asked
if they have been treated in the past five years for any of 16
conditions, including diabetes; heart, lung, brain, blood or stomach
issues; and mental health or addiction issues. There is a $3 million
life cap on benefits for each member.
In addition, the Iowa Farm Bureau's outline of coverage states that
monthly premiums may change midyear, based on changes in benefits and
other factors. That's unlike standard, regulated health plans, whose
premiums are locked in for the full benefit year.
"They
can do whatever they want, and there will be no consumer protection,"
former insurance commissioner Praeger said. "That's going to be a shock
to people. My guess is that people won't be fully informed when they buy
these plans."
In neighboring Nebraska, the state Farm Bureau took a sharply different approach.
It partnered with Medica to offer ACA-compliant plans solely to people
involved in agriculture. No one can be denied coverage or charged more
based on health status.
"The folks in Nebraska were
facing the exact same challenge," said Dennis Maggart, president of the
McInnes Maggart Consulting Group in Prairie Village, Kan. "But they
didn't look for a legislative exclusion from insurance rules. They said
we'll play by the same rules but just do it better. They hit the nail on
the head."
Maggart is worried that the Kansas Farm
Bureau plans will peel off younger, healthier people and sharply drive
up premiums for ACA-compliant plans. He sees evidence of that in Iowa.
There the monthly premium for a silver benchmark plan for a 40-year-old
nonsmoker rose from $379 in 2017 to $713 in 2018 and $762 in 2019.
"Why
emulate something that's not working as well as what we're doing here
in Kansas," he said. "It's going to be devastating to the exchange."
Praeger fears that the very people whom Kansas lawmakers intended to help will be denied coverage. The Iowa Farm Bureau itself cited a case
where a couple who had been paying premiums of more than $2,700 a month
for an ACA plan were able to buy a Farm Bureau plan for just $626 a
month—except the wife didn't qualify based on pre-existing medical
conditions.
"What kind of deal is that?" Praeger said. "It just won't work."