To: Interested Parties. From: Jay Angoff. Re: Cost-per-enrollee in each state s Exchange. Date: May 7, 2014

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1250 CONNECTICUT AVENUE NW, SUITE 300 WASHINGTON, DC 20036 TEL 202.822.5100 FAX 202.822.4997 WWW.FINDJUSTICE.COM CYRUS MEHRI (DC, CT) STEVEN A. SKALET (DC, MD) JAY ANGOFF (DC, MO, NJ) CRAIG L. BRISKIN (DC, NY, MA) JANELL M. BYRD (DC, MD) HEIDI R. BURAKIEWICZ (DC, MD, VA) ELLEN L. EARDLEY (DC, IL) KARLA A. GILBRIDE (DC, CA, NY) TARYN WILGUS NULL (DC, CA) STEPHANIE J. BRYANT (DC, PA) PIA WINSTON (DC, MD) TERESA YEH (DC) To: Interested Parties N. JEREMI DURU (DC, MD) MICHAEL D. LIEDER (DC) OF COUNSEL From: Jay Angoff Re: Cost-per-enrollee in each state s Exchange Date: May 7, 2014 On May 1, HHS released a report on the number of people enrolling in the Exchanges during the first open enrollment period, which ended March 31, 2014. 1 HHS has also published data on the amount that has been spent on establishing Exchanges: both grants HHS has made to states--both to those that have established their own Exchanges and those that have not--and funds HHS has used to establish the federally-run Exchange. That data has been compiled by the Congressional Research Service. 2 Fourteen states plus the District of Columbia have established their own Exchanges, while the federal government operates the Exchange in the other 36 states. By combining the HHS data on enrollment through the Exchanges through March 31, 2014 with the HHS data on Exchange funding through March 31, 2014, the attached chart calculates a cost-per-enrollee for each state s Exchange. Among other things, the chart indicates the following: * The total spent on all the Exchanges was $7.394 billion. The total spent on the Exchanges in the 15 jurisdictions operating their own Exchanges was $3.869 billion, while the total spent on the Exchanges in the 36 states in which the federal government operates the Exchange was $3.524 billion. * The average cost-per-enrollee for all 50 states plus DC was $922. For the 15 jurisdictions running their own Exchanges it was $1,503, while for 36 states in which the federal government operates the Exchange it was $647. Cost-per-enrollee in states running their own 1 HHS Office of the Assistant Secretary for Planning and Evaluation, ASPE Issue Brief, Health Insurance Marketplace: Summary Enrollment Report for the Initial Annual Open enrollment Period, May 1, 2014. 2 Congressional Research Service, Federal Funding for Health Insurance Exchanges, March 28, 2014.

Exchanges was thus 2.3 times as much as the cost-per-enrollee in the 36 states in which the federal government runs the Exchange. * There was a very large variation in cost-per-enrollee among the Exchanges. Of the 15 state-run Exchanges, the state with the lowest cost-per-enrollee was California, at $758, while the state with the highest cost-per-enrollee was Hawaii, at $23,899. Excluding Hawaii and the District of Columbia, which were outliers, the state Exchange with the highest cost-per-enrollee was Massachusetts, at $5,681. Hawaii s cost-per-enrollee was 32 times California s, while Massachusetts s was 7 times California s. * The state with the highest cost-per-enrollee of the 36 federally-operated Exchange states, based on allocating 1/36 of federal Exchange spending to each state, 3 was North Dakota, at $7,089. The state with the lowest cost-per-enrollee was Florida, at $76. North Dakota s costper-enrollee was 93 times that of Florida s. * Among the 15 state-run Exchanges, only one--california s--had a cost-per-enrollee of less than $1,000. Among the 36 federally-run Exchanges, on the other hand, 18--50%--had a cost-per-enrollee of less than that amount. * The five states with the lowest cost-per-enrollee are all states whose governors and/or legislatures have resisted the ACA, and whose Attorneys-General challenged the constitutionality of the ACA. They are as follows: State Cost-per-enrollee Florida $ 76 Texas $ 102 Georgia $ 240 Virginia $ 376 Michigan $ 427 * The five jurisdictions with the highest cost-per-enrollee include three whose elected leaders support the ACA and two that oppose it. Those five are as follows: State Cost-per-enrollee Hawaii $23,899 District of Columbia $12,467 North Dakota $ 7,089 Delaware $ 6,825 Wyoming $ 6,323 3 Administrative costs are allocated 1/36 to each of the 36 states, regardless of population, because the technology necessary to operate the Exchange is substantially similar in each state regardless of its population. To the extent that non-technology costs are higher in larger states, this allocation overstates cost-per-enrollee in smaller states and understates it in larger states. 2 P a g e

The common denominator among these five jurisdictions is that they are very small--all with populations of less than 1.4 million--and thus must spread the fixed costs of the Exchange over a very small base. Nevertheless, Hawaii and DC, which run their own Exchanges, had costs-per-enrollee that were far higher than those in any of the federally-run small states--almost twice as high in DC, and more than three times as high in Hawaii. * Among the conclusions that can reasonably be drawn from the combined Exchangeenrollment/Exchange-funding data are the following: - Because the federal Exchange costs so much less per-enrollee than the state Exchanges, the more states in which the federal Exchange operates, the more money taxpayers save. - For the same reason, state officials refusing to establish their own Exchanges appear to have unwittingly contributed to the efficient implementation of the Exchange in their states. - Much of the money going to state-run Exchanges has not been well-spent. HHS may therefore wish to focus not on making additional Exchange grants to states, but rather on continuing to upgrade the federal Exchange, which will continue to operate in the large majority of states, and which provides substantially greater value to taxpayers than do the state-run Exchanges. 3 P a g e

The 8 Million Exchange Enrollees: Cost to Federal Taxpayers per Enrollee, by State Number of Enrollees State-run Exchanges HHS Grants to States HHS Spending on Federal Exchange Total HHS Spending on Exchange Cost to Taxpayers per Enrollee California 1,405,102 $ 1,065,212,950 $ - $ 1,065,212,950 $ 758 Colorado 125,402 $ 178,931,023 $ - $ 178,931,023 $ 1,427 Connecticut 79,192 $ 164,466,460 $ - $ 164,466,460 $ 2,077 District of Columbia 10,714 $ 133,573,927 $ - $ 133,573,927 $ 12,467 Hawaii 8,592 $ 205,342,270 $ - $ 205,342,270 $ 23,899 Kentucky 82,747 $ 253,167,439 $ - $ 253,167,439 $ 3,060 Maryland 67,757 $ 171,063,110 $ - $ 171,063,110 $ 2,525 Masschusetts 31,695 $ 180,067,775 $ - $ 180,067,775 $ 5,681 Minnesota 48,495 $ 155,020,465 $ - $ 155,020,465 $ 3,197 Nevada 45,390 $ 90,773,768 $ - $ 90,773,768 $ 2,000 New York 370,451 $ 429,065,407 $ - $ 429,065,407 $ 1,158 Oregon 68,308 $ 303,011,587 $ - $ 303,011,587 $ 4,436 Rhode Island 28,485 $ 105,305,029 $ - $ 105,305,029 $ 3,697 Vermont 38,048 $ 168,124,081 $ - $ 168,124,081 $ 4,419 Washington 163,207 $ 266,026,060 $ - $ 266,026,060 $ 1,630 TOTAL 2,573,585 $ 3,869,151,351 $ - $ 3,869,151,351 $ 1,503 Federally-run Exchanges Idaho 76,061 $ 69,393,807 $ 74,888,889 $ 144,282,696 $ 1,897 New Mexico 32,062 $ 123,281,600 $ 74,888,889 $ 198,170,489 $ 6,181 Alabama 97,870 $ 9,772,451 $ 74,888,889 $ 84,661,340 $ 865 Alaska 12,890 $ - $ 74,888,889 $ 74,888,889 $ 5,810 Arizona 120,071 $ 30,877,097 $ 74,888,889 $ 105,765,986 $ 881 Arkansas 43,446 $ 47,508,428 $ 74,888,889 $ 122,397,317 $ 2,817 Delaware 14,087 $ 21,258,246 $ 74,888,889 $ 96,147,135 $ 6,825 Florida 983,775 $ - $ 74,888,889 $ 74,888,889 $ 76 Georgia 316,543 $ 1,000,000 $ 74,888,889 $ 75,888,889 $ 240 Illinois 217,492 $ 154,813,136 $ 74,888,889 $ 229,702,025 $ 1,056 Indiana 132,423 $ 7,860,541 $ 74,888,889 $ 82,749,430 $ 625 Iowa 29,163 $ 59,683,889 $ 74,888,889 $ 134,572,778 $ 4,615 Kansas 57,013 $ 1,010,390 $ 74,888,889 $ 75,899,279 $ 1,331 Louisana 101,778 $ 29,391 $ 74,888,889 $ 74,918,280 $ 736 Maine 44,258 $ 999,841 $ 74,888,889 $ 75,888,730 $ 1,715 Michigan 272,539 $ 41,517,021 $ 74,888,889 $ 116,405,910 $ 427 Mississippi 61,494 $ 37,709,466 $ 74,888,889 $ 112,598,355 $ 1,831 Missouri 152,335 $ 21,865,716 $ 74,888,889 $ 96,754,605 $ 635 Montana 36,584 $ 1,000,000 $ 74,888,889 $ 75,888,889 $ 2,074 Nebraska 42,975 $ 6,376,913 $ 74,888,889 $ 81,265,802 $ 1,891 New Hampshire 40,262 $ 8,649,325 $ 74,888,889 $ 83,538,214 $ 2,075 New Jersey 161,775 $ 8,897,316 $ 74,888,889 $ 83,786,205 $ 518 North Carolina 357,584 $ 87,357,314 $ 74,888,889 $ 162,246,203 $ 454 North Dakota 10,597 $ 231,978 $ 74,888,889 $ 75,120,867 $ 7,089 Ohio 154,668 $ 1,000,000 $ 74,888,889 $ 75,888,889 $ 491 Oklahoma 69,221 $ 897,980 $ 74,888,889 $ 75,786,869 $ 1,095 Pennsylvania 318,077 $ 34,832,212 $ 74,888,889 $ 109,721,101 $ 345 South Carolina 118,324 $ 304,996 $ 74,888,889 $ 75,193,885 $ 635 South Dakota 13,104 $ 6,879,569 $ 74,888,889 $ 81,768,458 $ 6,240 Tennessee 151,352 $ 9,110,165 $ 74,888,889 $ 83,999,054 $ 555 Texas 733,757 $ 96,425 $ 74,888,889 $ 74,985,314 $ 102

Utah 84,601 $ 5,247,987 $ 74,888,889 $ 80,136,876 $ 947 Virginia 216,356 $ 6,567,803 $ 74,888,889 $ 81,456,692 $ 376 West Virginia 19,856 $ 20,832,828 $ 74,888,889 $ 95,721,717 $ 4,821 Wisconsin 139,815 $ 999,873 $ 74,888,889 $ 75,888,762 $ 543 Wyoming 11,970 $ 800,000 $ 74,888,889 $ 75,688,889 $ 6,323 TOTAL 5,446,178 $ 828,663,704 $ 2,696,000,004 $ 3,524,663,708 $ 647 GRAND TOTAL 8,019,763 $ 4,697,815,055 $ 2,696,000,004 $ 7,393,815,059 $ 922 Notes: Source for Number of Enrollees: HHS Office of the Assistant Secretary for Planning and Evaluation, ASPE Issue Brief, Health Insurance Marketplace: Summary Enrollment Report for the Initial Annual Open enrollment Period, May 1, 2014. Source for HHS Grants to States and HHS Spending on Federal Exchange: Congressional Research Service, Federal Funding for Health Insurance Exchanges, March 28, 2014. HHS Spending on Federal Exchange is the sum of $456 million spent in fiscal 2010-2012, $1.545 billion spent in fiscal 2013, and $695 million spent in the first six months of fiscal 2014, i.e., through March 31, 2014, for a total of $2.696 billion. The $695 million for the first six months of fiscal 2014 is half of the $1.390 billion estimated to be spent during the 12 months of fiscal 2014, i.e., through September 30, 2014. HHS Spending on Federal Exchange in each state is the sum of HHS grant funding to the state plus 1/36 of total administrative costs of the Federal Exchange. Administrative costs are allocated 1/36 to each of the 36 states, regardless of population, because the technology necessary to operate the Exchange is substantially similar in each state regardless of its population. To the extent that non-technology costs are higher in larger states, this allocation overstates cost-per-enrollee in smaller states and understates it in larger states. HHS describes the Idaho and New Mexico Exchanges as federally-supported but state-based for 2014, and as using the federal platform for 2014. ASPE Issue Brief, May 1, 2014, at 41.