Undermining Health Care Access and Affordability, One Rule at a Time

In 2016, federal rules were adopted to enforce the non-discrimination section of the Affordable Care Act. The rules prohibit doctors, hospitals and insurers from discriminating against transgender individuals. Provisions defining “sex” discrimination as including discrimination based on gender identity and termination of pregnancy were struck down in a nationwide injunction by a federal judge before taking effect in December 2016. The White House is reportedly reviewing new proposed rules from the Department of Health and Human Services. This Administration’s record of transgressions against transgender individuals is cause for concern.

Another set of proposed rules is pending to promote short-term “junk” health insurance plans (aka “short-term limited duration plans”). NoHLA submitted comments strongly opposing these rules because these plans don’t have to comply with the consumer protections afforded under the Affordable Care Act and often leave consumers uncovered for major medical expenses. A new Kaiser Family Foundation analysis found most short-term plans fail to cover substance abuse treatment or outpatient prescription drugs, and none cover maternity care. The two short-term plans in Washington State cover mental health and substance abuse but fail to cover prescription drugs or maternity care. There are many other reasons that the proposed changes are harmful. The fine print may be overlooked by individuals and families looking for a good deal – and may omit coverage for “treatment of injury resulting from participation in organized sports” or worse, fail to cover pre-existing conditions. Washington State’s Insurance Commissioner, Mike Kreidler, has opened rule-making at the state level on short-term plans and intends to “…use my authority to prevent these skinny plans from destabilizing Washington’s health insurance market.” We agree with The Seattle Times’ support of the Commissioner’s position.