Healthinfolaw.org publishes analysis on final omnibus HIPAA rule

Posted on March 13, 2013 | Comments Off

On January 17, 2013, the US Department of Health and Human Services (HHS) released the final omnibus rule that addresses the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules per the Health Information Technology for Economic and Clinical Health Act (HITECH). It also includes changes to the Privacy Rule required by the Genetic Information Nondiscrimination Act (GINA).

In a follow-up to a previous post, Health Information & the Law published a summary and analysis of the four separate rulemakings within the final omnibus rule, including a section-by-section description of the modifications made.

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Commonwealth Fund study describes how states chose benchmark plans

Posted on March 13, 2013 | Comments Off

The Commonwealth Fund published a study today describing how 24 states and the District of Columbia selected the benchmark plans to offer in their respective state insurance marketplaces. The Affordable Care Act (ACA) calls for a set of essential health benefits that state insurers must offer to ensure comprehensive and adequate coverage. The federal government permitted states to choose their own benchmark plans, pursuant to ACA requirements, that serve as a reference point for the essential health benefits package. All but five states have selected a small-group plan. This study analyzes the methodology used to select state benchmark plans, which included approaches such as intergovernmental collaboration, research, and stakeholder engagement.

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HRSA creates webpage for ACA impact on Ryan White Program

Posted on March 13, 2013 | Comments Off

The Health Resources and Services Administration (HRSA), a division of the US Department of Health and Human Services (HHS), announced the creation of a website designed to assist individuals in the Ryan White HIV/AIDS Program as they gain new or improved health insurance access under the Affordable Care Act (ACA). HRSA’s webpage offers insight into key provisions of the ACA that impact Ryan White grantees, as well as information on insurance enrollment, outreach, and educational resources.

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Jackson Hewitt releases study on employer tax penalties for states that do not expand Medicaid

Posted on March 13, 2013 | Comments Off

Today, Jackson Hewitt Tax Service released a study entitled, “The Supreme Court’s ACA Decision and Its Hidden Surprise for Employers: Without Medicaid Expansion, Employers Face Higher Tax Penalties Under ACA.” The study describes how employers in states that refuse expansion may face higher shared responsibility payments under the Affordable Care Act (ACA). Jackson Hewitt cites Texas as a specific example, stating that their refusal to expand may increase federal tax penalties on Texas employers by $299 to $448 million annually.

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Heritage Foundation finds ACA will negatively impact labor supply

Posted on March 13, 2013 | Comments Off

A study released yesterday from the Heritage Foundation indicated that many Americans will bypass better jobs in order to retain healthcare subsidies provided to them by the Affordable Care Act (ACA). Beginning in 2014, insurance subsidies will be provided to families with household incomes below 400% of the federal poverty line. Since subsidy amount is tied to income, the Heritage Foundation argues that this provision in the law will deter individuals from taking higher paying jobs in order to subsidize their insurance purchase through the state marketplaces.

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Implementation Brief Update: Essential Health Benefits Final Rule

Posted on March 13, 2013 | Comments Off

On February 25th, 2013, final regulations implementing the essential health benefit (EHB) provisions of the Affordable Care Act were published in the Federal Register (78 Fed. Reg. 12834-12872). The EHB rules, which amend 45 C.F.R., apply to all non-grandfathered individual and small group health plans sold after January 1, 2014, as well as Medicaid benchmark and benchmark-equivalent health plans. The EHB rules also apply to…

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Implementation Brief Using Medicaid Funds to Buy Qualified Health Plan Coverage for Medicaid Beneficiaries

Posted on March 7, 2013 | Public Comment (1)

On February 28th, 2013, Politico reported that Arkansas Governor Mike Beebe had received approval “to take federal Medicaid expansion money and use it to buy private health coverage for low-income residents through the state’s insurance exchange.” This Implementation Brief explains the legal basis for this decision, as well as the issues that can be expected to arise in using this approach to coverage.

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HHS releases RFI on “Advancing Interoperability and Health Information Exchange”

Posted on March 7, 2013 | Comments Off

US Department of Health and Human Services (HHS) released an RFI yesterday soliciting public input on policies to further advance standards-based health information exchange to support delivery system transformation. The RFI also sets out new potential policies under consideration by HHS to accelerate exchange of patient information across settings of care to facilitate more coordinated and affordable care. Comments are due by April 22, 2013.

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House approves continuing resolution to withold ACA funding

Posted on March 7, 2013 | Comments Off

The US House of Representatives approved a continuing resolution (CR) yesterday that would deny necessary funding for several agencies to implement their respective portions of the Affordable Care Act (ACA). The bill, H.R. 933, was introduced on Monday by Appropriations Committee Chairman Hal Rogers (R-KY). Several specific funding denials include:

• $949 million to the US Department of Health and Human Services (HHS) to aid in paying for the federal insurance exchanges.
• $29 million to the Centers for Medicare and Medicaid Services (CMS) for Health Care Fraud and Abuse Control.
• Funds requested by the Internal Revenue Service (IRS) for ACA tax provisions.

267 Members voted in favor of the bill.

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RWJF report discusses impact of age rating band on young adults

Posted on March 5, 2013 | Comments Off

A new report from the Robert Wood Johnson Foundation, in conjunction with the Urban Institute, released today explores the impact of using a more constrictive 3:1 age rate band set forth in the Affordable Care Act (ACA) against the 5:1 age rate band that is currently being used in the insurance industry. As a result of the ACA, insures are prohibited to charge a premium to an older adult over three times more than the premium they would charge a younger adult for the same plan. Insurers believe that this provision will increase costs for younger adults, forcing them to leave the insurance market and raise premiums for older adults. A study on age rating bands, performed by the Urban Institute, showed that loosening the age rate band from 3:1 to 5:1 would have minimal impact on the out-of-pocket costs to younger adults when accounting for the availability of government subsidies.

 

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