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Insurers need subsidies to keep markets stable, Tavenner tells new administration

Essential to keeping health insurance affordable and markets stable is keeping federal funding for both individuals and insurers, Tavenner says.
By Susan Morse , Executive Editor

Essential to keeping health insurance affordable and markets stable is keeping federal funding for both individuals and insurers, the head of America's Health Insurance Plans said in an opinion piece published Wednesday in The Washington Post.

AHIP President and Chief Executive Marilyn Tavenner gave her comments two days after a United States Court of Appeals handed President-elect Donald Trump the ability to kill the subsidies, and with it, a large component of the Affordable Care Act.

The subsidies were the target of a 2014 House-led GOP lawsuit, House V. Burwell. Republicans charged Health and Human Services Secretary Sylvia Burwell with unconstitutionally spending money for  subsidies that Congress had not formally appropriated. They won their case in U.S. District Court in May.

[Also: House GOP asks court to put House v. Burwell on hold]

After the Obama administration appealed, GOP leaders asked the court to temporarily halt proceedings. The appeals court on Monday granted that request, directing both parties to file motions governing further proceedings by Feb. 21, 2017.

When he takes office, Trump could decide not to pursue the case, ending the subsidies.

[Also: House v. Burwell court order one more way for Trump to end ACA]

The subsidies are needed to keep health coverage affordable for low-and moderate-income individuals and to give financial help to plans that enroll high-cost individuals, Tavenner said in the opinion piece. The subsidies should remain at least through Jan. 1, 2019, she said.

"There is no question that this funding is contentious," Tavenner said. "But it is essential to deliver stable plan options and predictable premiums until a replacement plan can be designed, developed and deployed."

Tavenner also wants Congress to eliminate the health-insurance tax on insurers.

The Affordable Care Act taxes health insurance premiums by more than $100 billion over 10 years, raising costs, she said. Eliminating this tax -- which has already been suspended for 2017 -- would lower premiums that millions of families and businesses pay, she said.

Also essential to keeping markets stable is an alternative to the individual mandate, if that component is removed as expected, according to Tavenner. An alternative must be found to keep the reforms people do want, such as making certain that those with preexisting health conditions can obtain affordable insurance.

Without the mandate, costs will rise if the majority of individuals purchasing insurance are those who require immediate medical care or have high-cost medical needs, she said.

Tavenner said for insurance to remain affordable, a replacement plan should include a provision for continuous coverage for everyone.

The new administration can take immediate action to bring down costs for consumers by implementing effective verification of individuals' eligibility before they enroll in an insurance plan. This would help prevent people from waiting to sign up for coverage until they're sick, which raises costs for everyone, she said.

"While there is no single 'silver bullet' to ensure that people get and stay covered, we should use proven solutions from Medicare and private-sector employers, such as waiting periods or penalties for those who have had a break in coverage," Tavenner wrote. "Such continuous coverage incentives could go a long way to avoiding even higher premiums and fewer choices for everyone."

As millions are choosing plans, Congress and the new administration must send strong signals that they are committed to market stability in 2017 and 2018, she said.

Twitter: @SusanJMorse