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Federal and State Legislation Materials prepared for Employee Benefits Planning Association April 2008 Education Session April 3, 2008 Jack C. McRae Senior Vice President Congressional/Legislative Affairs

Agenda Federal Legislation Senator Wyden- The Healthy Americans Act Mental Health Parity Medicare, Medicaid, and SCHIP Extension Act of 2007 Washington Legislation Health Insurance Partnership Commissioner Kreidler- Guaranteed Benefit Plan Senator Keiser- Washington Health Partnership Citizens Workgroup on Health Care Reform Administrative Simplification 2

Federal Legislation 3

Senator Wyden The Healthy Americans Act Introduced 2007 Establishes an individual coverage mandate Eliminates employer sponsored insurance Transfers healthcare premiums into employees wages Creates the employer shared responsibility payments (tax) Provides for an individual healthcare standard deduction Individuals purchase insurance plans through state purchasing organizations, Health Help Agencies 4

Mental Health Parity In conference Extends parity in coverage of mental health benefits to be equal in cost and scope to medical and surgical benefits HR 1424 Requires carriers to cover all mental illness and substance abuse disorders listed in DSM IV manual Allows states to establish separate rights and remedies for future litigation concerning insurance compliance with provisions Mandates out of network coverage of mental health services if out of network coverage is provided for medical/surgical benefits Requires carriers to disclose criteria used for medical necessity determinations Places restrictions on physician-owned specialty hospitals: bans Medicare and Medicaid payments to hospitals with 40% or more physician ownership S 558 Allows group plan to define scope of mental health benefits and disorders covered Maintains current law protections under ERISA No requirement that group plans or carriers provide out of network coverage 5

Medicare, Medicaid, and SCHIP Extension Act of 2007 Enacted, Signed Dec 29, 2007 Provides a 0.5 percent Medicare payment increase for physicians through June 30, 2008 Extends physician quality reporting system and provides for 1.5 percent increase in allowed charges if data is reported on specific quality measures Extends funding for SCHIP through March 31, 2009 Requires group health plans to report to Department of Health and Human Services information to identify individuals for whom Medicare is the secondary payer Extends transitional medical assistance eligibility for Medicaid beneficiaries through June 30, 2008 6

Washington Legislation 7

Health Insurance Partnership (HIP) Passed, Governor expected to sign Enacted in 2007 and revised in 2008 Focus is on small employers who do not offer coverage to their employees due to cost Governed by seven member HIP Board Special provisions that apply to HIP and not small group market Sell same products currently offered in small group market State subsidies for low income employees to share cost Individual choice of plans Coverage for HIP participants effective March 1, 2009 Studies to expand HIP for individual and small group markets and eventually high risk pool, Basic Health Plan, PEBB, and public school employees 8

Health Insurance Partnership Carrier A Carrier B Carrier C Plan 1 Plan 2 Plan 3 & Plan 4 y i d State of Washington b s S u Plan 1 Health Insurance Partnership Plan 2 Plan 3 Section 125 Plan Plan 4 Board 7 people Eligible Small Employer E1 E2 E3 E4 E5 150% FPL 325% FPL 175% FPL 200% FPL 300% FPL 9

Commissioner Kreidler Guaranteed Benefit Plan Introduced 2008 State-run insurance plan Automatic enrollment for all state residents Provides coverage for catastrophic benefits after 10,000 of allowed charges and key preventive care One community-rated pool No pre-existing condition limits or exclusions State board sets rates and contracts with carriers Shared payroll assessments 3-5% payroll tax on employers according to size 1% tax on employees based on Medicare wages 10

Senator Keiser- Washington Health Partnership Introduced 2008 State run health care program within the Health Care Authority Modeled on proposal in Wisconsin (not enacted) Establishes a uniform benefits package based on state employees plan Carriers contract with state to provide benefits Lowest bid available to all state residents at no charge Must demonstrate 88% of revenue goes to providers or investments that improve quality or lower cost Estimated assessments 2-4% employee assessment on Social Security wages 9-10% self- employed assessment on Social Security wages 9-12% employer assessment on aggregate Social Security wages 11

Citizens Workgroup on Health Care Reform Legislative study to examine state health care reform proposals to improve access to quality, affordable health care Reduced mandate plan to address specific groups with low rates of coverage (young adults and small businesses)- Rep. Hinkle Massachusetts health care reform Comprehensive standardized benefit plan based on Wisconsin proposal- Senator Keiser Single payer proposal Validation of actuarial analysis of Commissioner Kreidler s catastrophic benefit plan Report due Dec 15, 2008 Establish nine member group appointed by Governor after Jan 30, 2009 Conduct a bipartisan and public process via town hall meetings Review Blue Ribbon Commission recommendations Final report due Nov 1, 2009 Passed, Governor expected to sign 12

Administrative Simplification Study requested by 2007 Blue Ribbon Commission and conducted by Office of Insurance Commissioner Called for greater standardization and state participation in Washington Healthcare Forum Model is Utah Health Information Network Premera and Washington Healthcare Forum testified in a Joint Legislative Committee hearing on administrative cost reductions, Lean efficiency improvements, and provider collaboration Insurance Commissioner is convening a workgroup to develop strategies to streamline administrative requirements Report due Dec 1, 2008 identifying five highest priority goals to achieve efficiencies and an implementation plan 13

Question and Answer 14