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Arkansas Health Law Check Up Insurance (Coverage) Reform Create Insurance Marketplaces For individuals & small businesses Expand Medicaid to 138% FPL Arkansas alternative = Private Option, not Arkansas Works Reform overall health insurance market Premium oversight and benefit standards Prohibition on higher premiums based on gender or health status Individual Mandate (Repealed) 1

National Plan for Coverage Individual & Small Group Market, including insurance marketplace Must provide essential health benefits (EHBs) Must meet actuarial value requirements Expanded Medicaid Must design Alternative Benefit Plan (ABP) for those newly eligible ABP must include all EHBs Insurance Marketplaces Three models State-run State-run using federal platform Federally-facilitated Websites for consumers to shop and apply Phone and in-person assistance Single streamlined application Affordability credits and subsidies 2019 - Bill introduced in Arkansas to eliminate staterun exchange (AHIM). 2

Qualified Health Plans Private Insurance Plans Offered on the Marketplaces Cover Essential Health Benefits Offer certain levels of value Defined as metals Based upon actuarial values (i.e., percent of medical costs that, for an average population, would be covered by the plan) Comply with insurance coverage reforms Coverage Reforms Children can stay on their parent's insurance up to age 26. No lifetime limits on health benefits. Coverage for pre-existing conditions No premium increase except for age, geography, tobacco use, or individual vs. family coverage No waiting period 3

Essential Health Benefits Ambulatory Patient Services Emergency Services Hospitalization Laboratory Services Maternity & Newborn Care Mental Health & Substance Abuse Disorder Services (including behavioral health treatment) Prescription Drugs Rehabilitative & Habilitative Services and Devices Preventive & Wellness Services and Chronic Disease Management Pediatric Services, including Oral and Vision Care The Metal Levels Platinum Lowest out-of-pocket costs but highest premiums 90% actuarial value Gold 80% actuarial value Must be offered by each participating carrier Silver 70% actuarial value Must be offered by each participating carrier Sets standard for tax credits Bronze 60% actuarial value Lowest premiums Catastrophic plan also offered for individuals up to age 30 or those exempt from mandate to purchase coverage. 8 4

Marketplace Shopping Individual Eligibility Citizen of the USAor lawfully present Arkansas resident Not incarcerated due to a conviction Small Business Health Options Program Available to businesses with 50 or fewer FTEs No one is required to get insurance through the Marketplace, but it s the only place to get financial assistance for coverage. 9 How Premium Subsidies Work Eligibility Household income from one to four times FPL No access to affordable coverage through an employer (including a family member s employer) Not eligible for Medicare, Medicaid, CHIP or other forms of public assistance U.S. citizenship or proof of legal residency 5

Poverty Guidelines 2018 POVERTY GUIDELINES FOR 48 CONTIGUOUS STATES & DC Persons in Family/Household Poverty Guideline For families/households with more than 8 persons, add $4,420 for each additional person. 1 $12,490 2 $16,910 3 $21,330 4 $25,750 5 $30,170 6 $34,590 7 $39,010 8 $43,430 Premium Subsidy Eligibility Household Size Percent of Federal Poverty Level (FPL) 100% 138% 150% 200% 300% 400% 1 $12,140 $16,753 $18,210 $24,280 $36,420 $48,560 2 $16,460 $22,715 $24,690 $32,920 $49,380 $65,840 3 $20,780 $28,676 $31,170 $41,560 $62,340 $83,120 4 $25,100 $34,638 $37,650 $50,200 $75,300 $100,400 5 $29,420 $40,600 $44,130 $58,840 $88,260 $117,680 6 $33,740 $46,561 $50,610 $67,480 $101,220 $134,96 For each additional person, add $4,320 $5,962 $6,480 $8,640 $12,960 $17,280 12 6

Premium Tax Credits Tax Credit = Difference between premium of 2 nd lowest cost silver plan available to family and the applicable Premium Limit. If you earn Up to 133% of FPL Your expected contribution is 2.08% of your income 133%-150% of FPL 3.11%-4.15% of your income 150%-200% of FPL 4.15%-6.54% of your income 200%-250% of FPL 6.54%-8.36% of your income 250%-300% of FPL 8.36%-9.86% of your income 300%-400% of FPL 9.86% of your income 13 CSR Payments Trump Administration stopped funding cost-sharing reductions in 2017. To cover cost, most insurers added the cost of CSR to Silver plan premiums, making Silver plans disproportionately expensive. Premium subsidies are based on the cost of the benchmark Silver plan, so premium subsidies disproportionately large. Subsidies can be used to offset the premiums for any metal-level plan. Some enrollees can get Gold plans that are less expensive than Silver plans. 4.2 million uninsured Americans were eligible for free Bronze plans for 2019. 7

The Arkansas Health Care Independence Act of 2013 Established Private Option unique to Arkansas at the time Federal $$ pays premiums for those who would have been eligible for expanded Medicaid April 23, 2013 Eligibility for Arkansas Works Childless adults Between the ages of 19 and 65 With incomes 138% FPL Adult parents/caretakers With incomes between 17% and 138% FPL 8

Medically Frail Individuals Funneled to standard Medicaid in order to get necessary services such as Personal care Private duty nursing Custodial/long-term nursing home care State still receives enhanced federal match Coverage Eligible individuals choose between at least 2 high value silver plans 94% actuarial value if income between 101% to 138% FPL Zero cost sharing if income 100% FPL FFS Medicaid fills in gap until QHP coverage begins Originally, 90 days retroactive coverage 9

Early Results Uninsured rate among non-elderly adults cut by almost ½ (from 27.5% to 15.6%) between 2013 and 2014. In part because Arkansas had the lowest eligibility threshold for adults in the country prior to 2014 Almost 40% of private option enrollees gained coverage for the first time in their lives Significant drop in uncompensated care Work Requirement On June 1, 2018, Arkansas became 1 st state in history of Medicaid program to impose a work requirement. Implemented over 2 year period 2018 ages 30 to 49; 2019 19 to 29 phased in by June. Enrollees age 19 to 49 must work, volunteer, or engage in specified job training or job search activities for at least 80 hours per month to retain Arkansas Works coverage Those who do not meet an exemption would lose coverage after 3 months of non-compliance 10

Exemptions Has income consistent with being employed or selfemployed at least 80 hours per month Attends school full time (high school, institution of higher education, vocational training or job training) Receives exemption from SNAP work requirements Receives TEA Cash Assistance Is incapacitated in the short-term or is medically certified as physically or mentally unfit for unemployment Exemptions, cont. Cares for an incapacitated person or a dependent child under age 6 Lives in a home with a minor dependent child age 17 or younger Receives unemployment benefits Currently participates in a treatment program for alcoholism or drug addiction Is pregnant 11

Satisfying Work Requirement Employed or self-employed Enrolled in an educational program Participating in on-the-job training Participating in vocational training Volunteering Participating in independent job search (up to 40 hours per month) Participating in job search training (up to 40 hours per month) Participating in a class on health insurance, using the health system, or healthy living (up to 20 hours per year) Participating in activities or programs available through the Arkansas Department of Workforce Services AR Works Beneficiaries Locked Out in 2018 Month August 4,353 September 4,109 October 3,815 November 4,655 December 1,232 TOTAL 18,164 Number Losing Coverage 24 12

Our Concerns Confusion Written notices unclear. Some exemptions are automatic, others must be reported regularly. Problems with internet access, access to portal, getting assistance on the telephone, etc. (https://access.arkansas.gov) Initially, no fax, phone or mail reporting of exemptions. Uncompensated Care Poor health outcomes Poor reenrollment numbers (but no outreach) No means of evaluation established Churn 25 26 13

27 The Budget Fight All appropriations in Arkansas must receive a ¾ vote of the legislature. 27 out of 35 votes in Senate 75 out of 100 votes in House Each year, the legislative vote on the DHS budget involves extensive debate and negotiation related to Arkansas Works 14

Arkansas Hospital Association Legislative Priorities - 2019 AR Works Coverage Patient Safety Appropriate oversight of ASCs and physician clinics Healthcare Worker Protection Enhanced penalties on those who assault healthcare workers Scope of Practice (mostly defense) Hospital / Payer Prohibit all products and most favored nations clauses from insurance contracts with hospitals Create an appropriate assignment of benefits to providers who provide care in good faith Questions? 15