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  • One step forward two steps back

    Whitney McFadden
    AMSA National Health Policy Coordinator

    Ran Tao
    AMSA Associate National Health Policy Coordinator

    The pace of progress is slow and incremental undermining of the ACA have begun. The Energy and Commerce Committee passed a piecemeal bill last week (H.R. 1206) to amend an important component of the ACA regulating insurance company profits. 

    The new bill adds another layer of complexity to the medical loss ratio (MLR), a measure created by the ACA to monitor the percentage of premiums spent on medical coverage vs. administrative overhead. Currently the ACA mandates insurance companies to have a MLR of 80%, that is 80 cents of every dollar must be spent on medical claims and improving quality of care. However, the infrastructure of insurance companies is a delicate balance, one that rests on making enough profit to pay administrators and insurance brokers alike.

    The original ACA policy proclaimed insurance broker and agent commission covered by the 20% allocated for administrative costs. It takes no expert to see that this shift in money balance will greatly restructure insurance company administration and force them to look critically at the business model. In the meantime, the house has decided to take on this burden and change the policies initially created to protect the patient. Insurance broker commission will no longer come from the 20% dedicated to administrative costs. This will shift the burden of cost to the other 80%, taking more money away from actual healthcare and putting it back in the pockets of the company itself.

    The question then becomes, how much value does the ACA place on protecting patient premiums for medical care? If the solvency of insurance companies depends on changing this 80/20 balance, then we must either re-evaluate our definition of MLR or the way we are providing health coverage.

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  • SCOTUS: Day 2

    Check out C-SPAN's coverage of the Supreme Court Hearings.

    http://www.c-span.org/flvPop.aspx?src=cspan1&msg=You+are+watching+the+C-SPAN+Networks&start=1.835&end=-1 

    Today, the Court will hear testimony regarding the individual mandate portion of the law, which requires virtually all Americans to obtain health insurance or pay a fine. The law goes into effect on January 1, 2014. The Court will consider whether the individual mandate is in fact constitutional.

    What do you think? Does Congress have the power to enact a law requiring everyone in the United States to buy health insurance?

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  • Supreme Court Hears ACA Arguments

    The Supreme Court is in the midst of hearing oral arguments to determine whether Congress can require Americans to purchase health insurance or pay a penalty. AMSA leaders went to the Supreme Court today to support comprehensive health care reform that works for patients and physicians: expanding coverage, lowering costs and upholding quality.

    Monday’s testimony focused on whether the court has jurisdiction in the case or if they must wait until the law is enacted in 2014. Tuesday's hearing will focus on the individual mandate, which requires that all Americans purchase health insurance, either through their employers or under individual plans, or pay a penalty. Wednesday’s hearing will focus on whether the law can stand if the individual mandate is eliminated. Wednesday will also include arguments over the expansion of Medicaid to subsidize an estimated 17 million more lower income Americans.

    Read more at MedPage Today: http://www.medpagetoday.com/Washington-Watch/Reform/31853

    Pictured below: AMSA President-Elect Elizabeth Wiley, Health Policy Chair Kristin Huntoon and Education and Advocacy Fellow Colin McCluney.

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  • Don't Let the Supercommittee Cut Residency Positions!

    As you have probably heard, the Congressional "Supercommittee," or the Joint Select Committee on Deficit Reduction, is scheduled to announce its recommendations to cut $1.5 trillion in federal spending over the next ten years on Wednesday, Nov. 23. The Supercommittee was created by the Budget Control Act of 2011 back in August to avert the debt ceiling crisis. Congress is scheduled to vote on these recommendations by Dec. 23. If Congress fails to adopt Supercommittee recommendations, there will be an automatic sequestration, or across-the-board cuts.

    The Supercommittee is rumored to be contemplating substantial (up to 60%) cuts to Medicare Graduate Medical Education (GME) funding which supports vast majority of residency programs in the U.S. As a result, it is critical that we, as physicians-in-training, make our voices heard on this issue. Please take a few seconds to email your members of Congress and urge them to protect Medicare GME:

    The American Medical Student Association strongly supports continued Medicare GME funding and condemns any effort to cut this funding. Massive cuts to Medicare GME will compromise patient access to care and, in some cases, may result in the closure of some residency programs. As the United States seeks to insure millions of previously uninsured Americans, it is critical that the federal government continue to invest in a robust health professional workforce to meet our nation's health care needs. Sustained GME funding is an essential element of this investment.  



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  • Down the Rabbit Hole: The Affordable Care Act Saga Continues in the Courts

    Elizabeth Wiley, JD, MPH

    Vice President for Internal Affairs

    Last Thursday, the Fourth Circuit (Maryland, Carolinas, Virginia, West Virginia) rejected two similar cases challenging the constitutionality of the Affordable Care Act. In Liberty University v. Geithner, the court held that the hypothetical penalties an individual might face under the individual mandate for failing to obtain health insurance constitute a tax. Under the Tax Anti-Injunction Act, such a tax can only be challenge by a taxpayer after paying the allegedly unconstitutional tax. Only then may an individual challenge the constitutionality of a tax and seek a refund. As a result, the constitutionality of the individual mandate may not decided until 2014 at the earliest. In Virginia v. Sebelius, the court similarly held that the state of Virginia did not have standing to challenge the constitutionality of the Affordable Care Act.

    While the Fourth Circuit decisions have been widely heralded as another victory for the administration, the procedural nature of the decisions renders them quite limited in scope. For those of you keeping the Circuit score - it looks like a 1-1-1 right now...

    4th Circuit: Dismissed (procedural).

    6th Circuit: Constitutional.

    11th Circuit: Unconstitutional.

    The American Medical Student Association joined amicus briefs filed by the Center for American Progress, the American Academy of Pediatrics, the National Physicians Alliance, Doctors for America, the National Hispanic Medical Association and the American Nurses Association in both of the Fourth Circuit Affordable Care Act cases.

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