Charles Gaba's blog

Washington HealthPlan Finder

This just in from the Washington Health Benefit Exchange...

Today, Pam MacEwan, CEO of the Washington Health Benefit Exchange, issued the following statement regarding the Supreme Court (SCOTUS) upholding the Affordable Care Act (ACA): 

“The Exchange is relieved to see the Supreme Court upheld the Affordable Care Act. Over 860,000 Washingtonians receive health care coverage through the ACA. The ACA is here to stay.

“Today Washington residents continue to benefit from the consumer protections that have been incorporated into both federal and state law which includes protections from annual and lifetime caps, excessive waiting periods, pre-existing condition exclusions, and discrimination based on gender, race, national origin or disability.

“The American Rescue Plan Act expanded the ACA allowing Washingtonians to save on the cost of their individual health insurance. The new act now makes it easier to get covered and stay covered, with the opportunity to take advantage of savings by signing up or switching plans by August 15, 2021.

New Jersey

TRENTON – New Jersey Department of Banking and Insurance Commissioner Marlene Caride issued the following statement on the U.S. Supreme Court decision today upholding the Affordable Care Act by a 7-2 vote: 

“Today’s Supreme Court decision is a victory for millions of Americans and New Jerseyans who have access to quality, affordable health insurance as a result of the Affordable Care Act.

“Under Governor Murphy’s leadership, New Jersey has led the way in increasing access to health insurance based on the guiding principle that health care is a fundamental right. New Jersey launched its own state-based health insurance exchange, Get Covered New Jersey, and provided state-level subsidies to increase access and affordability of health coverage and care for our residents, and enrollment increased by nearly 10 percent during our first Open Enrollment Period. Nearly 40,000 residents have signed up for health insurance during the Special Enrollment Period opened by the state on February 1 in response to COVID-19. 

UnPresidented Podcast

Shortly after this morning's Supreme Court ruling upholding the ACA and dismissing the infamous Texas Fold'em lawsuit over a lack of standing by the plaintiffs, I joined John Aravosis and Cliff Schecter on the UnPresidented Podcast to discuss the case, the ruling and what it may mean going forward:

Ep 393: The Supreme Court saves the Affordable Care Act... for now. An interview with ACA expert Charles Gaba.

In late-breaking news, the Supreme Court this morning threw out a challenge to the Affordable Care Act (ACA, aka Obamacare) that many observers thought would lead to the the entire law being struck down as unconstitutional, costing 31 million Americans, myself included, their health insurance. Instead, the court threw out the lawsuit! We invited back ACA expert Charles Gaba to walk us through what happened, and what it means for the ACA going forward. The second half of the show we get into the other issues of the day.

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.

Covered California Logo

via Covered California...

  • The American Rescue Plan provides new and expanded financial help that dramatically lowers health insurance premiums for people who purchase health insurance through Covered California.
  • More than 52,000 people in the Santa Barbara, Santa Maria and San Luis Obispo regions — including the uninsured and people currently enrolled directly through a health insurance carrier — stand to benefit from the new financial help that is now available.
  • In order to maximize their savings, consumers need to enroll by June 30 so they can begin saving and benefiting from the new law on July 1.
  • Many people will be able to get a high-quality plan for as little as $1 per month, and currently insured consumers could save hundreds of dollars per month on their coverage if they switch to Covered California.
ACA Signups Logo

Yesterday's big story on the ACA front was that the HHS Dept. confirmed more than 1.24 million additional Qualified Health Plan (QHP) selections via the federal exchange (HealthCare.Gov) so far during the ongoing Special Enrollment Period (which runs through 8/15).

In addition to that, however, I've also been tracking the (admittedly scattershot) SEP enrollments across the other 15 states (including DC) which operate their own ACA exchanges. So far only 10 of the State-Based Marketplaces (SBMs) have released any SEP enrollment data, and even then it's been very incomplete. Washington State only released data for the first 9 days of the SEP, for instance...while Pennie (Pennsylvania) just released data all the way through yesterday.

Pennie Logo

On top of yesterday's confirmation by the Centers for Medicare & Medicaid that over 1.24 million Americans have enrolled in ACA coverage via HealthCare.Gov so far during the ongoing Special Enrollment Period, I've also just been informed that Pennsylvania (one of the 15 states operating their own ACA exchange) has enrolled nearly 39,000 people during their SEP since 2/15 as well:

West Virginia

I've once again relaunched my project from last fall to track Medicaid enrollment (both standard and expansion alike) on a monthly basis for every state dating back to the ACA being signed into law.

For the various enrollment data, I'm using data from Medicaid.gov's Medicaid Enrollment Data Collected Through MBES reports. Unfortunately, they've only published enrollment data through December 2020. In most states I've been able to get more recent enrollment data from state websites and other sources.

For January 2021 and beyond, I'm using adjusted estimates based on raw data from the West Virginia Bureau for Medical Services.

HealthCare.Gov Logo

This just in from CMS...

2021 Marketplace Special Enrollment Period Report: February 15 – May 31, 2021

The Centers for Medicare & Medicaid Services (CMS) reports that over 1.2 million Americans have signed up for health insurance through HealthCare.gov since February 15, the start of the 2021 Marketplace Special Enrollment Period (SEP) opportunity, through May 31, with 376,000 consumers signing up for health insurance in the month of May.[1]

I projected at least 1.2 million SEP enrollees via HC.gov a week or so ago. On the other hand, I also noted that President Biden appeared to have let this number slip a week earlier anyway, so it wasn't that impressive of a projection:

Washington State

I've once again relaunched my project from last fall to track Medicaid enrollment (both standard and expansion alike) on a monthly basis for every state dating back to the ACA being signed into law.

For the various enrollment data, I'm using data from Medicaid.gov's Medicaid Enrollment Data Collected Through MBES reports. Unfortunately, they've only published enrollment data through December 2020. In most states I've been able to get more recent enrollment data from state websites and other sources.

For Washington State, I'm using adjusted estimates based on raw data from the Washington State Health Care Authority.

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