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Yesterday, House Republicans failed to find enough votes to pass their Affordable Care Act replacement. It was a very good day for the millions of Americans projected to lose their coverage under the GOP plan. But let’s be clear: Obamacare is not safe.
In a last-ditch effort to round up more votes, House Speaker Paul Ryan, R-Wis., proposed an amendment that would have, beginning in 2018, allowed states to determine the kinds of essential health benefits required in insurance plans purchased with tax credits. Under Obama’s health care law, insurance plans sold via the federal health care marketplace had to cover 10 essential health benefits, as did coverage via the Medicaid expansion. Those 10 benefits are: outpatient care; emergency room care; in-hospital care; pregnancy, maternity and newborn care; mental health and substance abuse; prescription drugs; rehabilitative and habilitative services; lab tests; preventive services; and pediatric services. This is basic health care coverage that provides actual value for your dollars. Fortunately, for those of us who’d prefer real value in their insurance plans and who realize there’s no such thing as a functional a la carte health insurance market, the Republican plan failed.
However, it’s not only Congress that can impact the essential health benefits. In fact, federal officials can do all kinds of things through the regulatory system to impact the ACA, including doing nothing at all. The ACA isn’t perfect — few pieces of legislation are — and without federal support to enforce its provisions, address problems and make adjustments as indicators evolve, things could begin to fray. And public support is vital to the ACA’s survival.
One core component of the ACA that’s vulnerable is the essential health benefits — a provision that set a basic bar to ensure that if you’re mandated to buy something, it should provide you with something of value. Health and Human Services Secretary Tom Price has the power to impact the essential benefits through the regulatory process. And because he tried just that as a member of the House — his ACA replacement, the “Empowering Patients First Act,” eliminated essential benefit requirements — there’s reason to believe he’d be open to attempting the same thing as HHS secretary.
In addition, Trump signed an executive order in January directing federal agencies to ease the fiscal burden that the ACA might have on people and states (that’s code for pulling back enforcement). As a result, the IRS announced that it would continue processing tax returns that don’t disclose health insurance status, which could present an easy way for people to skirt the ACA’s individual mandate. If you think of the ACA as a bicycle, the individual mandate is the hub. Let it quietly crumble and the spokes go too.
That’s all to say that the ACA isn’t out of the woods just yet. So, let’s briefly look at just some of the consequences of dropping or weakening the ACA’s essential health benefits and easing coverage mandates.
This is what Trump told ABC News in January: “Just so you understand people talk about Obamacare. And I told the Republicans this, the best thing we could do is nothing for two years, let it explode. And then we’ll go in and we’ll do a new plan and — and the Democrats will vote for it. Believe me.”
Let’s take him seriously.
Kim Krisberg is a freelance public health writer living in Austin, Texas, and has been writing about public health for 15 years. My family and I depend on the ACA for access to quality health care.