ACA

A few weeks ago I raised an alarm about the federal budget introduced by former Trump Administration OMB Director Russell Vought's think tank, which is being embraced by many House Republicans as their blueprint for a formal budget proposal.

As I noted at the time, Vought's proposed budget would include, among many other horrific things, completely eliminating funding for the ACA's Medicaid expansion program as well as complete elimination of all Advance Premium Tax Credit (APTC) funding for ACA exchange-based individual market enrollees.

I went on to note that if this proposal were to somehow pass the Senate and be signed into law by President Biden (neither of which is likely to happen, to put it mildly), nearly 40 million Americans would lose healthcare coverage as a result nationally.

Below, I've broken that number out by state to give better context about just how draconian such an eventuality would be.

As I noted a few weeks back, the Patient Protection & Affordable Care Act now directly provides healthcare coverage for a stunning 40 million Americans:

...it's very likely that another 50,000 - 100,000 people will be added to the final QHP tally when the dust settles tomorrow (Tuesday, January 31st) evening. Even assuming the same 94% effectuation rate, that will still bring the effectuated QHP total to roughly 15.4 million.

Add to this the 1,217,517 confirmed Basic Health Plan (BHP) enrollees in New York and Minnesota and the subtotal comes to around 16.62 million QHPs + BHPs combined.

Next, we need to add Medicaid Expansion enrollees.

...the MBES reports only run through March 2022, at which point the national ACA expansion total stood at 22,275,433.

We're up to 38.9 million Americans with ACA coverage already, and we're still missing a lot of Medicaid expansion enrollees.

Over at Inside Health Policy, Amy Lotven has put together a fantastic roundup of all the stuff going on (or coming up) this year for ACA exchanges and enrollees. I've summarized the key points here, but read the full piece over there if you can (paywalled):

The Medicaid unwinding

The end of the maintenance of effort requirement will be the most significant event for exchange stakeholders in 2023, according to various sources who work closely with health insurance exchanges across the country.

...Estimates of how many people could lose Medicaid benefits and have access to other coverage range from about 15 million to 18 million, and of those about 2.5 million could be eligible for exchange coverage according to recent analyses by HHS and the Urban Institute.

Last spring, I noted that total enrollment in healthcare policies either specifically created by or expanded to more people by the Affordable Care Act had broken 36 million Americans:

The press release talks about "more than 35 million" being enrolled, but when you look at the actual data, it's almost certainly over 36 million as of today. Here's how they break it out:

  • Effectuated ACA exchange enrollment as of March 2022: 13,640,412
  • Medicaid Expansion (newly eligible) as of October 2021: 16,781,800
  • Medicaid Expansion (previously eligible) as of October 2021: 4,261,277
  • Basic Health Plan enrollment as of March 2022: 1,135,190
  • TOTAL: 35,818,679

Notice that even without delving further, the total is already over 35.8 million.

However, there's two important dates to look at here: First, the Medicaid Expansion totals are only up to date as of last October, a good 6 months ago.

Speaker of the House Nancy Pelosi w/Roses

Speaker of the House Nancy Pelosi, the first woman to hold the most powerful position in Congress, who has been the leader of House Democrats for 20 years, announced earlier today that she's stepping down from her leadership position as soon as the 118th Congress takes office on January 3rd, 2023.

Pelosi is a legend in the U.S. Congress, and no accomplishment more perfectly illustrates her skill than the passage of the Patient Protection & Affordable Care Act in 2009 - 2010.

As U.S. Senator Chris Murphy of Connecticut put it in a Twitter thread a few minutes ago:

There's one night I will remember most when thinking about Nancy Pelosi - the night I watched her single handedly save health care for 20 million Americans. It was at the first Democratic caucus meeting after Scott Brown won the special Senate election in Massachusetts.

Many rank-and-file Democrats were in a panic, and they lined up at the microphone to tell Pelosi that it was time for us to give up on the Affordable Care Act. Or chop it up into little pieces - as some in the White House were suggesting.

Via email (no direct link to PR yet):

FOR IMMEDIATE RELEASE
Tuesday, August 2, 2022

New HHS Report Shows National Uninsured Rate Reached All-Time Low in 2022

Secretary Becerra Says Biden-Harris Administration Efforts to Expand Coverage, Lower Costs through American Rescue Plan and Other Actions Are Working

ACA Signups Logo

Last week the Centers for Medicare & Medicaid posted a new press release about a new report from the HHS's Assistant Secretary for Planning & Evaluation (ASPE) which has updated ACA-specific enrollment data current as of October 2021 - March 2022:

New Reports Show Record 35 Million People Enrolled in Coverage Related to the Affordable Care Act, with Historic 21 Million People Enrolled in Medicaid Expansion Coverage

ACA Signups Logo

Last June, the U.S. Health & Human Services Dept. confirmed my estimate that total enrollment in healthcare policies either specifically created by (or expanded to more people by) the Affordable Care Act had broken 31 million Americans:

Today, the U.S. Department of Health and Human Services (HHS) released a new report that shows 31 million Americans have health coverage through the Affordable Care Act – a record. The report also shows that there have been reductions in uninsurance rates in every state in the country since the law’s coverage expansions took effect. People served by the health Marketplaces and Medicaid expansion have reached record highs.

HHS's breakout was fairly close to mine, though they had enrollment a bit higher in some categories and a bit lower in others:

And there it is:

ASPE Logo

In the midst of all the data & stats from this morning's CMS report touting the most successful ACA Open Enrollment Period ever, I almost forgot another important related report which the Biden Administration is promoting as well:

This week, HHS’s office of the Assistant Secretary for Planning and Evaluation (ASPE) is also releasing a report analyzing new survey data that showed the uninsured rate fell in 2021 after the American Rescue Plan and outreach efforts took effect. According to the report, the uninsured rate for U.S. population was 8.9% for the third quarter of 2021 (July – September 2021), down from 10.3% for the last quarter of 2020 – corresponding to roughly 4.6 million more people with coverage over that time period. Coverage gains occurred among both children and working age adults, with the largest coverage gains for those with incomes under 200% of the poverty level (roughly $27,000 for a single adult or $56,000 for a family of four).

The 12 Year War

Annnnnnd there it is: Moments ago, the U.S. Supreme Court finally issued their decision in the long-awaited "CA vs. TX" lawsuit...previously known as "Texas vs. Azar," "Texas vs. U.S." or, as I always preferred to call it, "Texas Fold'em," a term first invoked by University of Michigan law professor Nicholas Bagley just over three years ago.

Bottom Line: The case was basically thrown out for lack of standing, in a 7-2 decision, with Justice Breyer delivering the opinion of the court, joined by Justices Sotomayor and Kagan (of course), but also Justices Roberts, Kavanaugh, Barrett and Thomas!

Justice Alito and Gorsuch dissented.

From the opinion itself:

Held: Plaintiffs do not have standing to challenge §5000A(a)’s minimum essential coverage provision because they have not shown a past or future injury fairly traceable to defendants’ conduct enforcing the specific statutory provision they attack as unconstitutional. Pp. 4–16.

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