Monday, June 3, 2013

California Fudges The Math On Obamacare

Some supporters of Obamacare are willing to try every trick in the book to convince a skeptical public that the law may actually lower health insurance premiums.

Case in point: Covered California, the state-run health insurance exchange, yesterday heralded a conclusion that individual health insurance premiums in 2014 may be less than they are today. Covered California predicted that rates for individuals in 2014 will range from 2 percent above to 29 percent below average small employer premiums this year.

Does anything about that sound strange to you? It should. The only way Covered California's experts arrive at their conclusion is to compare apples to oranges -- that is, comparing next year’s individual premiums to this year’s small employer premiums.

They’re making this particular comparison, they explain, because they believe that the marketplace for individually purchased insurance will look like the marketplace for small employer-purchased insurance next year. For example, the state already requires insurers to issue policies to all comers in the small employer market. Premiums are therefore higher today for small employers than for individuals purchasing coverage on their own.

What this means, however, is that Covered California is creating for itself a very favorable and already higher baseline from which to compare next year’s individual health insurance premiums. That’s how they’re able to create the appearance that Obamacare’s reforms will lower individual premiums.

To put it simply: Covered California is trying to make consumers think they’re getting more for less when, in fact, they’re just getting the same while paying more.

Yet there are many plans on the individual market in California today that offer a structure and benefits that are almost identical to those that will be available on the state’s health insurance exchange next year. So, let’s make an actual apples-to-apples comparison for the hypothetical 25-year-old male living in San Francisco and making more than $46,000 a year. Today, he can buy a PPO plan from a major insurer with a $5,000 deductible, 30 percent coinsurance, a $10 co-pay for generic prescription drugs, and a $7,000 out-of-pocket maximum for $177 a month.

According to Covered California, a “Bronze” plan from the exchange with nearly the same benefits, including a slightly lower out-of-pocket maximum of $6,350, will cost him between $245 and $270 a month. That’s anywhere from 38 percent to 53 percent more than he’ll have to pay this year for comparable coverage! Sounds a lot different than the possible 29 percent “decrease” touted by Covered California in their faulty comparison.

While Covered California acknowledges that it’s tough to compare premiums pre- and post-Obamacare, at the very least, it could have made a legitimate comparison so consumers could fairly evaluate the impacts of Obamacare.

Unfortunately, what California authorities have done here is all too common in efforts to make Obamacare look like a good deal for American consumers. In recent weeks, Democrats have pointed to projections from some of the country’s most heavily regulated states, including Vermont and Maryland, to argue that premium increases next year won’t be as bad as people think. But many of these states -- including California -- already have in place some or all of the reforms that Obamacare mandates.

To see the true impact of the law, we’ll have to wait for less-heavily-regulated states to reveal what next year’s premiums will look like. Let’s hope they don’t resort to the same misleading tactics that California authorities did.

(Lanhee Chen is a Bloomberg View columnist and a research fellow at the Hoover Institution at Stanford University. He was the policy director of Mitt Romney’s 2012 presidential campaign.)

Lanhee Chen

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FDA Shuts Down Bakery That Put Sugar In Its ‘Sugar-Free’ Products

Sweet lovers, bakers, and assorted pastry-makers, take note: the Food and Drug Administration (FDA) doesn’t take kindly to companies falsifying nutritional information about their products.

In the latest chapter of the FDA’s ongoing saga with New Jersey-based Butterfly Bakery, a federal judge has “approved a consent decree of permanent injunction against” the company “for unlawfully distributing misbranded food products, such as muffins and snack cakes,” according to an FDA press release.

Butterfly Bakery has a history of openly flaunting FDA regulations with regards to their nutritional labeling, misrepresenting the sugar and fat content of their products to astonishing degrees — in fact, the FDA plainly warned the company and CEO Brenda Issac that it would face consequences if it didn’t cease its fraudulent practices. As per the FDA press release:

The consent decree restrains Butterfly Bakery and Brenda Isaac from processing and distributing food until the company complies with the Federal Food, Drug, and Cosmetic Act (the Act) and applicable regulations. Under the consent decree, FDA may assess damages against the company for any future violations of the law or the consent decree.

“This injunction demonstrates that the FDA will seek enforcement action against companies that mislead consumers on the products they purchase,” said Melinda K. Plaisier, the FDA’s acting associate commissioner for regulatory affairs. “Until Butterfly Bakery meets FDA regulations, it will no longer be able to process or distribute their products.”

Samples tested by both FDA and state officials over several years show that Butterfly Bakery’s product labeling was false and misleading. For example, laboratory analysis showed that foods labeled as “sugar free” contained sugar, and that certain products contained as much as three times the amount of labeled/declared sugar, two times the amount of labeled/declared fat, and two times the amount of labeled/declared saturated fat.

Faced with the reality of America’s obesity-related medical problems, public health advocates have been pushing for more robust FDA regulation of everything from high-sugar or high-sodium items to energy drinks. While the FDA hasn’t always lived up to these goals — for instance, the agency has stalled to finalize Obamacare’s calorie-reporting requirements for food chains largely because it’s worried about accommodating special interests — their victory against Butterfly Bakery shows that food makers still shouldn’t get carried away with their sugar highs.


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Don’t Be Fooled By California’s Premium Claims

As I wrote earlier, California is going to be a major test case for the implementation of President Obama’s health care law. Though major insurers have decided to opt out of the state’s subsidized insurance exchange, the authority tasked with managing the program is now touting number of choices it is bringing Californians at a competitive cost.

“The rates submitted to Covered California for the 2014 individual market ranged from two percent above to 29 percent below the 2013 average premium for small employer plans in California’s most populous regions,” Covered California, the entity running the exchange, announced in a press release. But the suggestion that, at worst, premiums will be rising 2 percent, and at best, falling 29 percent, is misleading.

Earlier in the press release, Covered California explains:

It is difficult to make a direct comparison of these rates to existing premiums in the commercial individual market because in 2014, there will be new standard benefit designs under the Affordable Care Act, and the actual change in an individual’s premium will depend on the person’s current insurance coverage.

What this means is that the federal government is now requiring all individuals to carry insurance policies that offer a slew of benefits dictated by the secretary of Health and Human Services, regardless of whether they would prefer to purchase policies with lower premiums and fewer benefits — or to go without insurance altogether. California, essentially, is saying that the exchanges will give participants more benefits for their money so the cost of the new offerings should be compared to more comprehensive plans. But what if individuals don’t want more coverage? For many young and healthy individuals, insurance on the exchanges will be a much more costly option than what they have now.

In 2012, the average individual insurance plan cost Californians $177 per month, according to online insurance marketplace ehealthinsurance.com. Yet the report put out by Covered California lists the average “silver” plan on the exchange as costing individuals $321 per month. That’s an 80 percent increase — or even more for those who still have the freedom to go without insurance and currently pay $0 in premiums. That freedom will disappear come January.

In 2014, the penalty for not purchasing an insurance policy that meets HHS standards is $95, or possibly a few hundred dollars, depending on taxable income. Either way, for individuals who do not qualify for generous subsidies, the mandate penalty will be a lot lower than the thousands of dollars it would cost to maintain HHS-acceptable insurance for the year. One of the key questions determining the fate of Obamacare will be whether young and healthy individuals decide to actually purchase insurance, which is necessary to offset the costs of forcing insurers to cover older and sicker individuals and those with pre-existing conditions. If there aren’t low-cost options available to entice the young and healthy crowd, Obamacare is going to run into a lot of problems.


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Statement by the President

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For Immediate Release March 14, 2013 Statement by the President

I thank the Senate for taking another step forward in our common effort to help reduce gun violence by advancing a bill that would reinstate and strengthen a ban on the sale of military-style assault weapons and set a 10-round limit for magazines.  These weapons of war, when combined with high-capacity magazines, have one purpose: to inflict maximum damage as quickly as possible.  They are designed for the battlefield, and they have no place on our streets, in our schools, or threatening our law enforcement officers. 
 
The Senate has now advanced legislation addressing three of the most important elements of my proposal to help reduce the epidemic of gun violence in this country.  Now the full Senate and the House need to vote on this bill, as well as the measures advanced in the past week that would impose serious penalties on anyone who buys a gun as part of a scheme to arm criminals, improve school safety, and help keep guns out of the hands of criminals, people with a severe mental illness, and others who shouldn’t have them.  Each of these proposals deserves a vote.

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‘Not One Dime’: Health Care Law Projected to Add $6.2 Trillion to U.S. Deficit

It turns out President Obama was right when he said his health care law wouldn't add one dime to the federal deficit.1 Figures from the Government Accountability Office suggest that the Patient Protection and Affordable Care Act will in fact add 62 trillion dimes over the next 75 years.2 (To give that $6.2 trillion some perspective, our national debt is currently $16.7 trillion.) Sometimes called the congressional watchdog, the GAO is the official auditor for the U.S. Congress. GAO is the agency that designated Medicare and Medicaid as high-risk programs because they are particularly vulnerable to fraud, waste, abuse, and improper payments. And it is likewise the agency that ultimately will be tasked with identifying all the bureaucratic snafus associated with Obamacare as it continues to roll out, affecting more and more Americans.

Federal Budget on an “Unsustainable” Path

In the meantime, GAO has issued a report that paints a bleak picture of Obamacare’s impact on our fiscal future. An important takeaway is shown in Figure 1.

No matter whether we use current law (labeled the “baseline extended” scenario) or current policy (labeled the “alternative” fiscal scenario), the January 2010 projections (calculated before Obamacare was written into law) show U.S. public debt3 is soon headed toward historically unprecedented4 and economically unsustainable levels.5 The baseline scenario essentially assumes we follow current law to the letter. Thus, for example, the baseline scenario for last fall assumed that Medicare would slash payment rates to physicians by 26.5 percent on January 1, 2013, since that was what the law at the time required. 

Figure 1

In contrast, the alternative fiscal scenario reflects the reality that actual policy sometimes deviates from the letter of the law: that is, ever since 2003, Congress has elected to postpone the required cuts in Medicare physician fees that are legally required by the Balanced Budget Act of 1997 (BBA), so the alternative fiscal scenario assumes this pattern would continue.  Likewise, for a whole host of reasons I describe later, it is unlikely that the draconian cuts in payments to physicians, hospitals, and other Medicare providers that are legally required under Obamacare will in fact be implemented. The alternative fiscal scenario assumes that just as it has managed to continuously postpone BBA-required cuts in physician fees, Congress will figure out a way to bypass the cuts required by Obamacare. The fall 2010 projections, which took into account the estimated budgetary impact of Obamacare — enacted the previous March — show that the law did not appreciably alter our fiscal fate.  As the GAO puts it: “Under either set of assumptions, these simulations show that the federal budget is on an unsustainable fiscal path driven on the spending side by rising health care costs and the aging of the population.” This assertion is as true after Obamacare as it was before. 

Unsustainable. Sound familiar? This is the very term a Treasury report used last December in its analysis of our nation’s long-term spending; it declared that “current policy is unsustainable.” The same term was used by the Peter G. Peterson Foundation (PGPF) in January to describe our current deficit path.6 Even the nonpartisan Congressional Budget Office (CBO) has used the term to describe current policies.7 Federal Reserve Chairman Ben Bernanke likewise used that word in congressional testimony to describe the debt trajectory projected by CBO.8 At the risk of belaboring the obvious, none of these are right-wing partisan hacks.

But wait! Aren’t all these assessments out of date? Didn’t the sequester put us on a substantially different fiscal path? Alas, no. The PGPF report shows that even if the budget sequester were fully implemented (which remains to be seen, as there is nothing to stop Congress from later choosing to restore all the sequester’s cuts), this would merely delay by one year the point at which federal debt will exceed 200 percent of GDP.

Sharp-eyed readers will see that, compared to what was expected before the passage of Obamacare, the GAO report shows that the new health law slightly improved the fiscal outlook using current law (baseline extended), but it made things slightly worse using current policy. Thus, whether things actually will get better or worse rests critically on which scenario will become reality.

Which Scenario Is More Believable?

But things go to hell in a handbasket under either the alternative or baseline extended scenario. It is merely when we arrive at the gates of hell that differs (by about 15 years). So which scenario is more plausible? Here are a few factoids to help you decide. Current law requires:

Medicare to slash physician fees by 25 percent next January (under the BBA).Additional (Obamacare-required) cuts to physician fees so severe that by 2030, Medicare will be paying doctors 60 percent less than private health insurance plans (and nearly one-third less than Medicaid pays!).Obamacare-mandated reductions in payments to hospitals so drastic that hospital prices for both Medicare and Medicaid will be around half those paid by private health insurers by the year 2040.Eventually, payment reductions to hospitals will mean they are paid 61 percent less by Medicare and Medicaid than by private health insurers; physicians eventually will be paid 74 percent less under Medicare than private insurance.

What will the consequences be? Well, the Medicare actuary projects 15 percent of Part A providers (e.g., hospitals and other institutional providers) will have negative margins by the year 2019 and 40 percent will be in the red by the year 2050. That is, they will be at risk of insolvency. Historically, doctor fees in Medicaid have been far below those of Medicare (28 percent below Medicare rates in 2008). Not surprisingly, nearly one-third (31 percent) of physicians refuse to accept any new Medicaid patients versus 17 percent for Medicare. So what do you think will happen to seniors’ access to care once Medicare starts paying physicians less than what Avik Roy has labeled “America’s worst health care program”?

Such cuts portend huge problems in access for Medicare and Medicaid patients, either because providers will refuse to treat them or because facilities will literally have been driven to bankruptcy. And how do you think members of Congress will respond when hordes of frustrated seniors swamp them with complaints about not being able to find a physician or hospital within easy reach? Those who know a little history don’t have to guess about this:

Recall that after angry seniors swarmed the car of House Ways and Means Chairman Dan Rostenkowski over the Medicare Catastrophic Coverage Act (at the time, the largest expansion of the program since the enactment of Medicare), it took a mere three months for Congress to repeal all major components of the law.Since 2003, Congress repeatedly has elected to circumvent legislatively mandated cuts in physician fees prescribed in the BBA.9 Steven Brill’s recent exposé revealed several instances in which Congress has bent to the pressure of medical lobbies to avert measures such as competitive bidding that promised to reduce Medicare spending by tens of billions of dollars.

Thus, unless Congress fundamentally changes its current practices or character, it will find a way to bypass the legislatively prescribed draconian cuts mandated by the Affordable Care Act, in which case the cost of the law will balloon by literally trillions of dollars.

An impressive list of government experts agree with this assessment. As the GAO report itself notes (p. 14), the Medicare Trustees, CBO, and Office of the Actuary in the Centers for Medicare and Medicaid Services (i.e., the Medicare actuary) all “have questioned whether the cost containment mechanisms enacted in PPACA can be sustained over the long term, due in part to the challenges in sustaining increases in health care productivity.”

Even if the budget sequester were fully implemented, this would merely delay by one year the point at which federal debt will exceed 200 percent of GDP.

Don’t trust government bureaucrats? Then try the independent, nonprofit, nonpartisan Committee for a Responsible Federal Budget: “It’s easy to say that the alternative fiscal scenario is probably a lot closer to where we are going, even if it has some flaws.” 

Did GAO Cook the Books?

Unfortunately, several myths about the GAO report are getting in the way of the public’s clear understanding of which scenario is the most plausible and what implications to draw from the GAO analysis. Media Matters was content to label Senator Sessions’s assertion that Obamacare would add $6.2 trillion to the deficit merely “misleading.” Others were substantially harsher:

The Rachel Maddow blog flatly declared “the Affordable Care Act is fully paid for” (i.e., won’t add one dime to the deficit), labeling claims to the contrary “one of the dumbest health care arguments to date.”Kevin Drum at Mother Jones sneered such claims were “fever swamp nonsense” and “obviously moronic.”At ThinkProgress we’re told that the assertion that Obamacare will add $6.2 trillion to the long-term deficit is “the most dishonest attack against Obamacare you’ve ever heard.”The Huffington Post’s Bonnie Kavoussi parrots the foregoing “dishonest” accusation.

But it got even worse when Joan McCarter at DailyKos falsely claimed that GAO had been asked by Republican Senator Jeff Sessions to “cook the books.” In actual fact (as even Maddow's blog and Kavoussi later conceded after both making the same flagrantly false accusation), GAO had been asked to do no such thing. Instead it used an alternative fiscal scenario whose assumptions were nearly a carbon copy of those used by the CBO, Medicare Trustees, Treasury Department, and Medicare actuary in their own, independently derived long-term budget projections. The alternative fiscal scenario is nothing new: CBO has produced such policy estimates since at least the George W. Bush administration. As Jonathan Chait acknowledges, GAO likewise has used the alternative fiscal scenario in past reports; thus, GAO was not instructed by Sessions to “cook the books” using whacky assumptions (as too many Obamacare defenders appear to believe).

What Does the Alternative Fiscal Scenario Really Assume?

But even though the book-cooking myth appears to have been put to rest, Obamacare defenders nevertheless have significantly muddied the waters by their mischaracterization of the assumptions embedded in the alternative fiscal scenario (AFS).              

Figure 2: Changes in Noninterest Spending, Revenue, and the Primary Deficit in the
Baseline Extended Simulation       

Paul Waldman at the American Prospect claims that the AFS assumes that “all the ways to pay for the bill [Affordable Care Act], from cost savings, from innovation, to reduced payments to providers, to tax increases, were taken out.” Wendell Potter at the Center for Public Integrity (!) likewise argues the AFS rests on the assumption that “future lawmakers repeal all of the cost-saving and revenue-generating provisions of the law.” These bloggers are apparently following the lead of Aaron Carroll, who blogs with other progressives at the Incidental Economist and characterizes the AFS as “a worst-case scenario. They looked at what would happen to the deficit if (1) we left in all the spending, (2) all of the cost-control measures utterly failed, and (3) we removed all of the revenue streams/taxes.” This would make for a terrific story except that it’s not true.

Figure 3: Changes in Noninterest Spending, Revenue, and the Primary Deficit in the
Alternative Simulation

As it relates to Medicare spending, GAO’s AFS is identical to that of the Medicare actuary, whose assumptions and reasoning are fully codified here. As anyone willing to examine that document can see, Figure 4 shows that the Medicare income rate is identical under the current law and current policy scenarios. Specifically, income from the Medicare payroll tax (which includes the 0.9 percent add-on for high-income taxpayers that was imposed under Obamacare) rises from its current level of just over 3 percent of taxable payroll to over 4 percent of taxable payroll by the end of the projection period. Moreover, every single dime in new Obamacare taxes is presumed to be collected between now and 2020 ($685 billion in new taxes, according to CBO). Does that sound like removing all revenue streams and taxes to you?

Now it’s true that the AFS assumes that after 2020, federal revenues eventually migrate back to their historical levels (i.e., 18.1 percent of GDP).10 In contrast, the current law projections assume that Uncle Sam will be able to collect unprecedented levels of federal taxes between 2020 and 2086, equivalent to 20.2 percent of GDP. But since 1946, federal revenues have exceeded this level exactly once (in 2000, when they were 20.6 percent of GDP). Moreover, the current law scenario assumed that all of the Bush tax cuts would expire as scheduled under current law, yet in actual fact, the fiscal cliff deal permanently extended these tax cuts to everyone below $400,000 in income. So which set of revenue projections do you find more plausible?

Even if we accept the progressive premise that Americans stand ready to hand over federal taxes amounting to 21.4 percent of GDP in perpetuity (which is what GAO’s 2012 baseline assumes), the GAO analysis fails to support its contention that Obamacare improves the deficit. Compare Figures 2 and 3 above.

They show that between January 2010 (i.e., before Obamacare) and fall 2010 (after Obamacare) the primary deficit — which is the difference between revenue and noninterest spending — shrank by 1.5 percent of GDP under the baseline scenario, but increased by 0.7 percent  of GDP under the AFS. That is, averaged over the entire 75-year projection period, the deficit is expected to shrink or grow by these amounts. Obviously, if we took interest payments into account, our fiscal picture would look far more bleak.

What accounts for that 2.2 percent of GDP swing in the size of the deficit? Well, under the baseline scenario, projected revenue rose by 0.7 percent of GDP after Obamacare, whereas under the alternative scenario, projected revenue rose by 0.1 percent of GDP (further amplifying the inaccuracy of claims that the AFS zeroes out all new Obamacare revenue). In short, even if we assume that progressives got every penny of revenue assumed under the baseline scenario, this would not be enough to wipe out the projected increase in the primary deficit (which would shrink from 0.7 percent to 0.1 percent of GDP) under the alternative, more realistic fiscal scenario. Put another way, massive spending cuts account for nearly three-quarters of that 2.2 percentage point swing in the deficit. Which is to say that we will get this modest improvement in the deficit — which, remember, by no means solves our fiscal problem, it merely postpones the day of reckoning — if and only if we’re willing to endure the draconian cuts whose adverse consequences the Medicare actuary has tried to warn us about for three years now. Is anybody listening?

What’s astonishing is that Obamacare’s fiercest defenders apparently believe that “advocates of Obamacare have generally been very cautious about their predictions, and opponents very bold.” Seriously? An impartial reader might well draw a very different conclusion in light of the foregoing facts on the matter.

Christopher J. Conover is a research scholar at Duke University’s Center for Health Policy and Inequalities Research and an adjunct scholar at the American Enterprise Institute.

Notes:

1. The president seems to really like the “one dime” meme. In his latest State of the Union address, he was unequivocal: "Nothing I'm proposing tonight should increase our deficit by a single dime." In his September 9, 2009 address to a joint session of Congress, he pledged, “I will not sign a plan that adds one dime to our deficits.” In his State of the Union address earlier that year, he had asserted that “If your family earns less than $250,000 a year, you will not see your taxes increased a single dime. I repeat: not one single dime.”

2. Lest I be accused of putting words into GAO’s mouth, the $6.2 trillion figure was calculated by the staff of the Senate Budget Committee, whose senior Republican member is Senator Jeff Sessions. There is nothing mysterious about this calculation. Based on what had been publicly reported about how this calculation was performed, I did a “back-of-the-envelope” version: the alternative fiscal scenario shows that the “primary deficit” increases by 0.7 percent of GDP over the 75-year projection period (i.e., when the post-Obamacare projection is compared to the pre-Obamacare projection). I could not locate a figure in the GAO report, but the Medicare Trustees projected in 2011 that the net present value of GDP from 2011 to 2085 is $883.8 trillion (see Table III.B10). Net present value simply means in today’s dollars, where future dollars have been discounted back to the present using the interest rate that the federal government pays on its debt. So, 0.7 percent x $883.8 trillion = $6.2 trillion. I then checked with Senate Budget Committee staff, who reported that they had arrived at their figure more precisely by obtaining from the Medicare actuary the exact GDP and discount rate assumptions for every individual year, doing the equivalent calculation on a per-year basis, and summing up the estimated results. The staff also indicated that when they earlier shared their methodology with GAO, they were told it was a “reasonable method.”

3. Public debt excludes debt held by public agencies, such as the amount Treasury owes to the Social Security and Medicare trust funds for money borrowed in past years.

4. Last year, estimated gross federal debt exceeded 100 percent of GDP for the first time in over six decades, but 29 percent of this consisted of debts owed to public agencies. The only times the federal public debt exceeded GDP were in 1945 and 1946 in the immediate aftermath of the largest war the United States ever fought.

5. As I explained earlier, CBO does not even bother to report projections when public debt exceeds 250 percent of GDP. The conventional wisdom — based on several studies — is that the rate of a country’s economic growth slows measurably once public debt exceeds 100 percent of GDP.

6. After reporting that public debt would reach 200 percent of GDP even after taking into account all the efforts to slow spending over the past two years — e.g., the enactment of the American Taxpayer Relief Act on January 2, 2013, the Budget Control Act (BCA) in 2011, and the sequester and other automatic spending reductions under the BCA — the PGPF report states that “This unsustainable debt trajectory would be damaging to economic growth long before then, forcing policymakers to act much sooner to prevent a serious fiscal crisis and preserve national prosperity [emphasis added].”

7. In its most recent “Long-Term Budget Outlook,” CBO declared, “To keep deficits and debt from climbing to unsustainable levels, as they will if the set of current policies is continued, policymakers will need to increase revenues substantially above historical levels as a percentage of GDP, decrease spending significantly from projected levels, or adopt some combination of those two [emphasis added]."

8. On February 9, 2011, Federal Reserve Chairman Ben Bernanke testified before Congress that "By definition, the unsustainable trajectories of deficits and debt that the CBO outlines cannot actually happen, because creditors would never be willing to lend to a government with debt, relative to national income, that is rising without limit."

9. As GAO notes, “Since 2003, Congress has taken a series of legislative actions to override scheduled reductions in physician payment rates that would otherwise occur under law. Physician fee updates set by Congress have averaged 0.9 percent per year over this period” (p. 8). The latest step in this charade came from the fiscal cliff bill, which included a provision to avert the 26.5 percent cut in physician fees that otherwise would have been required by the sustainable growth rate formula (SGR) created under BBA.

10. These assumptions are codified in Table 2 of the GAO report. They refer to the fall 2010 report put out by GAO. The GAO report also provided updated projections conducted in 2012, which use slightly different assumptions, codified in Table 4. But what readers should understand is that GAO’s analysis of the impact of Obamacare is based on comparing its fall 2010 projections to its January 2010 projections. That is the basis for the chart shown earlier and it is the basis for the calculation that Obamacare will add $6.2 trillion to the deficit compared to what would have happened otherwise. GAO’s explanation for why it relied on its 2010 projections rather than its 2012 projections is simple: “While we describe changes to federal health care spending when relevant to PPACA, we focus on the changes between our January 2010 and fall 2010 simulations, since this minimizes the effects of other legislative or technical changes unrelated to PPACA on our long-term simulations and can provide a general estimate of the act’s effects on the long-term fiscal outlook [emphasis added]” (p. 3). For readers who might be concerned that relying on “old” data might lead to erroneous conclusions, keep in mind that GAO found “The results of our more recent fall 2012 simulations for spending on Medicaid, CHIP, and exchange subsidies do not differ significantly from the results from the fall 2010 simulations that were run not long after the enactment of PPACA” (p. 50).

Image by Dianna Ingram / Bergman Group


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States, Employers Junking Obamacare 'Calculators'

Two online health calculators designed by federal officials to help states and employers comply with Obamacare mandates are riddled with so many flaws that users are abandoning them, The Washington Examiner has learned.

Users say the calculators - one used by state officials, the other by private employers - too often are confusing, produce contradictory results, do not reflect real world conditions, and use old data.

The problem is so acute that several states are weighing whether or not to create their own calculators. The Obamacare program is supposed to be fully implemented and functioning on Jan. 1, 2014.

The employer calculator particularly baffles those who offer health insurance plans and are struggling to comply with the law.

Under Obamacare, states sponsoring health insurance exchanges must use the federal calculator to evaluate their standardized plans for individuals and small groups. Each plan must offer services in 10 medical categories.

Federal health care officials can use the results produced by the calculators to force states to change premium prices and out-of-pocket expenses for consumers. The plans are supposed to go into effect October 1 in the phased implementation of Obamacare nationwide.

Employers use the second calculator to report line-by-line benefits and employee costs. A failing calculator number can force employers to pay stiff fines.

The Centers for Medicare and Medicaid Services in the U.S. Department of Health and Human Services designed both calculators. A CMS spokesman declined to comment for this story.

States and insurance companies are supposed to use an "Actuarial Value" calculator. The actuarial value measures benchmarks for the four state standardized plans.

An AV value of 60 means the state plan covers 60% of the costs and enrollees pay 40%. The four plans range from 60% to 90% coverage.

Employers are to use a "Minimum Value" calculator, which assesses whether an employee health plan meets minimal federal criteria.

CMS released "beta" versions of the calculators in November 2012 and a "final" calculator this February.

The most glaring problem, according to users, is that the calculators do not reflect real world conditions.

Paul Hencoski, a lead partner at KPMG, the audit and accounting firm, said the AV calculator does not always reflect the true value of a proposed policy. His firm represents 19 states trying to set up health care exchanges.

"There's been some question around the results they've been getting. And whether they represent the true actuarial value of what was being offered, Hencoski told The Washington Examiner.

Julie Peper, a senior consulting actuary at Wakely Associates in Denver, CO whose firm is advising Oregon, Vermont and Massachusetts agrees. "There are some things that are different in the AV calculator than what will be in practice," she said.

Mark Jamilkowski, director of KPMG's actuarial services practice told The Washington Examiner the situation is so acute "There are some states we know of that are interested in launching their own calculator." KPMG would not identify the states.

Insurance brokers who assist employers say the MV calculator contains flaws too. Susan Rider, an account executive with the Indianapolis brokerage firm of Gregory & Appel told The Washington Examiner, "they don't ask the right questions. There are a lot of things missing from it that I as a broker look for in a plan."

Rich Stover, a partner with New Jersey-based Bucks Consulting, an actuarial firm, says the MV calculator is so rigid it cannot accept special features in large employer plans.

"Unfortunately many large employer designs, there is some nuance or tweak in the design that won't fit the model. And that's a problem."

Jessica Waltman, a Senior Vice President for the National Association of Health Underwriters concurs. "Anything non-standard doesn't give me the option," she told The Washington Examiner.

CMS has permitted states and employers to opt out of the calculator, but then must hire expensive actuaries to certify the plans meet federal standards.

Opting out costs money. "That's frustrating for employers because it means you've got to incur additional costs and effort just to have the minimum value determined," says Stover.

There also is frustration the "beta" and "final" AV calculators deliver different results.

Peter Van Loon, the Connecticut Exchange's chief operating officer said three of its plans accepted by the November calculator were rejected in February.

"We put the plan that passed the muster in the November Actuarial Value calculator into the new one in February and lo and behold, we were out of compliance," he explained.

Another complaint is that CMS is using old data. Rider says, "They're using 2009 data." Waltman agrees. "One of the concerns we had was that the data is old."

CMS has acknowledges it received many complaints. "Many commenters noted a variety of potential technical issues in the proposed AV Calculator" it stated in the February 25, 2013 federal register.

Richard Pollock is a member of The Washington Examiner Watchdog investigative reporting team. He can be reached at rpollock@washingtonexaminer.com.


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Readout of the President’s Phone Call with Chinese President Xi Jinping

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For Immediate Release March 14, 2013 Readout of the President’s Phone Call with Chinese President Xi Jinping

The President called Chinese President Xi Jinping today to congratulate him on his new position and to discuss the future of the U.S.-China relationship. The President underscored his firm commitment to increasing practical cooperation to address Asia’s and the world’s most pressing economic and security challenges. Both leaders agreed on the value of regular high-level engagement to expand cooperation and coordination.  The President noted that Treasury Secretary Jacob Lew will visit China next week and that Secretary of State John Kerry will also visit Beijing in the coming weeks as part of his upcoming trip to Asia. The President highlighted the threat to the United States, its allies, and the region from North Korea’s nuclear and missile programs and stressed the need for close coordination with China to ensure North Korea meets its denuclearization commitments. President Obama welcomed China’s G-20 commitment to move towards a more flexible exchange rate, and he underscored the importance of working together to expand trade and investment opportunities and to address issues such as the protection of intellectual property rights. In this context, the President highlighted the importance of addressing cyber-security threats, which represent a shared challenge. The two leaders agreed to maintain frequent and direct communication.

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