New Junky Coverage Options Will Undermine the Market

Proposed rules on association health plans and short-term limited duration plans were released earlier this year for public comment. And health care groups did comment —overwhelmingly opposing the rules. A Los Angeles Times analysis found that over 95% of health care group comments expressed serious concerns or opposition to the association health plan rules and 98% of health care group comments criticized the short-term “junk” plan rules. No group representing patients, physicians, nurses or hospitals voiced support in the public comments for the two Trump administration proposals. In response, Senate Democrats requested the junk plan rules be ditched because it “threatens access to quality, affordable care for millions of Americans.” Thanks to Washington’s Senators Cantwell and Murray for signing on to this letter! Washington Insurance Commissioner Mike Kreidler released a stakeholder draft of rules relating to short-term plans with comments due June 26. The state’s proposed rules limit short-term plans to 90 days and require clear disclosures from insurers about plan benefits and limitations.

The final rule on association health plans was released this week. This new policy will allow more groups to form association health plans and offer health coverage that skirts important consumer protections (including essential health benefits and premium rating rules). An Avalere Health analysis of the proposed rule estimated that it would raise premiums in both the individual and small-group markets, increase the uninsured rate, and result in as many as 3.2 million people leaving the individual and small group market in the next five years in favor of enrollment in an association health plan.