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You are here: Home / Anderson On Health Insurance / Reconciliation and the ACA

Reconciliation and the ACA

by David Anderson|  July 28, 20227:53 am| 19 Comments

This post is in: Anderson On Health Insurance

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Last night, the Manchin approved reconciliation text was released.

It is mostly a tax and climate bill with a tiny bit of ACA. The following language is the entire ACA language in a 725 page bill:

SEC. 12001. IMPROVE AFFORDABILITY AND REDUCE PRE4 MIUM COSTS OF HEALTH INSURANCE FOR
CONSUMERS.

(a) IN GENERAL.—Clause (iii) of section
36B(b)(3)(A) of the Internal Revenue Code of 1986 is
amended—
(1) by striking ‘‘in 2021 or 2022’’ and inserting
‘‘after December 31, 2020, and before January 1,
2026’’, and
(2) by striking ‘‘2021 AND 2022’’ in the heading
and inserting ‘‘2021 THROUGH 2025’’.
(b) EXTENSION THROUGH 2025 OF RULE TO ALLOW
CREDIT TO TAXPAYERS WHOSE HOUSEHOLD INCOME
EXCEEDS 400 PERCENT OF THE POVERTY LINE
.—Section 36B(c)(1)(E) of the Internal Revenue Code of 1986
is amended—
(1) by striking ‘‘in 2021 or 2022’’ and inserting
‘‘after December 31, 2020, and before January 1,
2026’’, and
(2) by striking ‘‘2021 AND 2022’’ in the heading
and inserting ‘‘2021 THROUGH 2025’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2022.

So what do these 134 words do?

Section A — extends the temporary ARP subsidies for people earning between 100% Federal Poverty Level (FPL) to 400% until December 31, 2025.

Section B — extends subsidies for people earning over 400% FPL with no income cap

Section C — deconflicts this new law with previous law so everything is copacetic for timing purposes.

What does it not do?

It does nothing to provide Medicaid Expansion to the people who earn under 100% FPL who live in non-Expansion states.

Compared to current law this is a significant change in affordability but there is still work to be done.

There is significant language on Medicare Part D in Section 11201 that puts in an out of pocket limit for Medicare Part D that is initially $2,000 which then will be indexed to a growth rate.  Currently Medicare Part D has no top limit on what someone can be held liable for.  Given the proliferation of biologics and branded drugs that could routinely cost $100,000 or more for a year of treatment, some older adults currently have insurance that has them exposed to $5,000 — $10,000 — or even $20,000 in cost-sharing as well as premiums.  This is an unusual event but not a rare event.  This language changes that makes Medicare Part D true protection against catastrophic expenses.  I’ll defer to the pharmacy pricing experts to say more.

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Reader Interactions

19Comments

  1. 1.

    l3000

    July 28, 2022 at 8:25 am

    So people at 400% of poverty level get help continued, but the very poor in the Medicaid gap get left out as usual. Shocker. Glad for the families that needed relief, but not really a surprise that the very poor once again are left out.

  2. 2.

    Baud

    July 28, 2022 at 8:28 am

    @l3000:

    They are shafted by their GOP states.

  3. 3.

    Brit in Chicago

    July 28, 2022 at 8:29 am

    Thanks for the summary of a very important part of the bill!

    The change to Medicare Part D looks like a really big deal.

    “I’ll defer to the pharmacy pricing experts to say more.” I think you’re too modest. Do any commentators here know more?

  4. 4.

    gene108

    July 28, 2022 at 8:33 am

    Thanks for the succinct explanation

  5. 5.

    l3000

    July 28, 2022 at 8:38 am

    And by a decision to choose to extend subsidies for 100-400% but ignore the Medicaid gap. Some of us can’t afford to move to a blue state.

  6. 6.

    Baud

    July 28, 2022 at 8:41 am

    @l3000:

    I’m sorry you are badly affected by the Republican government of the state you live in.  But there’s a long history of portraying Democratic progress as failures because they didn’t go far enough that only serves to make things more difficult on everyone.

    Assuming this passes (a big if), I’m going to celebrate it and encourage voters to elect more Dems so we can continue to make things better for more people.

  7. 7.

    david anderson

    July 28, 2022 at 8:58 am

    @Brit in Chicago:

    As part of my knowledge building and training over the past eight years, there are limits to what I can know at a deep expert level.  I made the very intentional decision to be comparatively rationally ignorant on Rx policy so I can focus on other things.   My knowledge goal on Rx policy is to know enough to know who I need to read.  I’ll be reading what Drs. Stacie Dusetzina & Erin Trisch and Professor Rachel Sachs have to say on Part D.  I know the three of them have devoted just as much thought to pharmacy pricing as I have devoted to ACA premium game playing so I’m very happy to defer to them.

  8. 8.

    azlib

    July 28, 2022 at 9:03 am

    @Baud: Blame Manchin and perhaps Sinema for the limits and every Republican Senator. I am sure the issue came up in negotiations, but Manchin likely nixed it. Red States had ample opportunity to expand Medicaid, but decided not to for entirely political reasons. Also, John Roberts fingerprints are on this as well, since he decided Medicaid expansion was optional and not mandatory.

  9. 9.

    l3000

    July 28, 2022 at 9:12 am

  10. 10.

    WaterGirl

    July 28, 2022 at 9:31 am

    @l3000:  It’s awful to be caught in the gap, and I don’t think anyone here is trying to downplay how big a problem that is for the folks in the gap.  It sounds like you are, which sucks.

    Just trying to point out that politics is the part of the possible, and it’s kind of shocking that even this might be possible with Manchin.

    I am studiously trying to not get my hopes up because of, well, Manchin.

  11. 11.

    jonas

    July 28, 2022 at 9:51 am

    @azlib: ​
     

    Red States had ample opportunity to expand Medicaid, but decided not to for entirely political reasons

    Well, once you let a poor person see a doctor just one time…boom! They’re like back in there for every little disease or injury. Vicious cycle.

  12. 12.

    jonas

    July 28, 2022 at 9:58 am

    That Medicare Part D cap is a real game changer for millions of seniors. What a relief to know you won’t have to drain your entire retirement account to pay for some cutting-edge cancer treatment or something. The trick, as always, is seeing whether Democrats can claim credit for this. As I whined on the other thread, a few tweets from some progressive policy institute ain’t gonna cut it.

  13. 13.

    jonas

    July 28, 2022 at 10:02 am

    @Baud: ​
     

    They are shafted by their GOP states

    …knowing perfectly well that they won’t be punished for it at the polls, either.

  14. 14.

    PaulB

    July 28, 2022 at 10:11 am

    If that passes, it will save me about six thousand dollars next year. Keeping my fingers crossed.

  15. 15.

    Ohio Mom

    July 28, 2022 at 10:18 am

    Wow! Something I support that might actually help me. I’m referring to the cap on Medicare Part D — it will be a small help to Ohio Family.

    Mostly though I’m happy (or hoping to be happy, this isn’t a done deal yet) because every small bit of progress is a small bit of progress for everyone.

    For some reason I am reminded of our old next door neighbors, staunch Republicans, who had an adult son with Intellectual Disability (the condition formerly known as mental retardation). I often brooded on the fact that to tne extent that their son received the funding and other supports he needed, it reflected my voting record; to the extent that my son did not, it reflected their voting record (and their adult son’s voting record, he reliably comes back to this neighborhood on Election Day to pass out Republican literature).

  16. 16.

    David Anderson

    July 28, 2022 at 8:47 pm

    @Brit in Chicago: 2nd point — yes, there are plenty of people who are a whole lot smarter and/or more informed on certain things than me who read Balloon Juice.

  17. 17.

    Noname

    July 28, 2022 at 8:57 pm

    @David Anderson: David, I am currently on my state exchange, income is much lower than I predicted for this year.  Was told that I had to apply for Medicaid due to low income, but if I applied for Medicaid I would have to pay full price for insurance coverage while waiting for approval and if denied would have to wait until open enrollment to reapply.  This seems insane.  Do I have any other options?

  18. 18.

    Ohio Mom

    July 28, 2022 at 10:02 pm

    @Noname: Since David doesn’t seem to be checking in this thread, you might want to send him an email. There are instructions how to do that on the top of the page — to the right of the man holding the balloon, click on the horizontal parallel lines.

    He was VERY helpful to Ohio Family several years ago. Saved us a bunch of money when we were in a pinch.

  19. 19.

    Noname

    July 29, 2022 at 4:13 am

    @Ohio Mom: Thank you!

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