Charles Gaba's blog

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Way back in October 2013, when the first ACA Open Enrollment Period (OEP) launched, there were infamously massive technical problems with the federal exchange (HealthCare.Gov) as well as some of the state-based exchanges (such as those in Massachusetts, Maryland, Oregon, Nevada and Hawaii).

Over the next few years, some of those exchange websites were replaced with brand-new ones (MA & MD). Some of the states scrapped theirs altogether and moved onto the mothership at HC.gov (OR, HI & NV, although Nevada has since split back off onto their own exchange again, and seems to have gotten it right this time).

Last Friday, Access Health CT, Connecticut's state-based ACA exchange, posted their first 2021 Open Enrollment Period data numbers, and the first QHP enrollment number looks pretty eye-popping at first glance: 99,406 Nutmeggers enrolled in the first 6 days! Wow! Only around 108,000 enrolled throughout the entire 2020 OEP, so that's pretty impressive...

...except that I'm pretty sure that  99% of this figure consists of automatic renewals of their existing exchange enrollees. The next number down, 1,279, is their "2021 OE Acquisition Summary" number. In other words, it looks like Access Health CT has 98,127 people currently enrolled in exchange plans who have been auto-renewed for 2021, plus another 1,279 new enrollees who actually signed up in the first six days.

The timing of this press release is a little odd; it came out on November 9th, even though the 2021 ACA Open Enrollment Period actually launched on November 1st. In fact, in California specifically, they've been allowing existing enrollees to actively renew/re-enroll for 2021 since October 1st!

Given the insanity of this year's Presidential election on November 3rd, along with the ongoing COVID19 pandemic, I can hardly blame CoveredCA for the delay, however; after all, this is the first Open Enrollment update I've posted since it kicked off on Nov. 1st as well...

Anyway, via the Covered California newsroom:

Covered California Officially Launches Open Enrollment with Millions of Masks to Encourage Californians to “Get Covered/Stay Covered” and a New Ad Campaign

So, the idiotic, asinine and otherwise absurd GOP-brought, Trump-supported lawsuit to strike down the Patient Protection & Affordable Care Act finally had its (presumably final) day in court today...the United States Supreme Court, that is.

Here's my live-tweeting of the proceedings. I missed the first ten minutes of it and didn't tweet out everything, but this captures most of the Q&A.

Defending the ACA were California Solicitor General Michael Mongan and Donald Verrilli, who is the former U.S. Solicitor General, and who was working on behalf of the House Democrats, I believe. For the plaintiffs, you had the Texas Solicitor General, Kyle Hawkins and Acting U.S. Solicitor General Jeffrey Wall (note the "acting" descriptor...Trump has tons of unconfirmed appointees...)

Remember, there are three main questions for the SCOTUS to consider about the lawsuit:

Last night I threw together my very first online ACA seminar for about 40 people (plus an unknown number of Facebook Live viewers, assuming I set that up correctly). It runs about two hours; the first half was pretty much an updated version of my normal "3-Legged Stool" explainer.

For the second half, however, I was joined by University of Michigan law professor & ACA expert Nicholas Bagley who helped explain the intricacies of the absurd CA v. TX lawsuit to strike down the entire Patient Protection & Affordable Care Act (aka "TX v. Azar", "Tx. v. U.S." or, as I prefer to call it, "Texas Fold'em".

If you have two hours to kill, you can watch the whole thing here! If you want to skip past the ACA 101 stuff and go straight to Bagley & I discussing the lawsuit ahead of this morning's Supreme Court oral arguments, that starts at around the 70 minute mark.

The data below comes from the GitHub data repositories of Johns Hopkins University, except for Utah, which come from the GitHub data of the New York Times due to JHU not breaking the state out by county but by "region" for some reason.

Note that a few weeks ago I finally went through and separated out swing districts. I'm defining these as any county which where the difference between Donald Trump and Hillary Clinton was less than 6 percentage points either way in 2016. There's a total of 198 Swing Counties using this criteria (out of over 3,200 total), containing around 38.5 million Americans out of over 330 million nationally, or roughly 11.6% of the U.S. population.

With these updates in mind, here's the top 100 counties ranked by per capita COVID-19 cases as of Saturday, November 7th (click image for high-res version). Blue = Hillary Clinton won by more than 6 points; Orange = Donald Trump won by more than 6 points; Yellow = Swing District

Last summer, as part of my ambitious Medical Loss Ratio project, I not only broke out the exact dollar amounts and number of enrollees receiving rebates for every insurance carrier in every state in the country before the data was made publicly available, but I even took a crack at projecting just how much I expected individual market MLR rebates to be for every state in 2020 as well.

Historically, the ACA's MLR provision paid out between $100 - $400 million per year from 2012 - 2018 in rebates to individual market enrollees, averaging around $186 million per year...until last year. Here's what I originally projected 2019 payments (paid out in 2020) would likely look like last August:

If you use Anderson's 7% and assume the final, national weighted average for 2020 comes in at around 0.5%, that means roughly 6.5% of that $93.2 billion could end up having to be rebated to enrollees....or potentially 1/3 of up to $6 billion.

(updated w/latest election results)

In January 2021, the U.S. Senate will have at least 48 Democrats (including 2 Senators who caucus with the Dems) and at least 50 Republicans.

The last two seats are both in Georgia. Elected GOP Senator David Perdue was up for re-election against Democrat Jon Ossoff and a Libertarian candidate, while appointed GOP Senator Kelly Loeffler was running for the first time in a "jungle primary" against another Republican and several Democrats in a special election.

Under Georgia state law, if no candidate receives at least 50% of the vote (plus 1) in the November election, the top two finishers go on to a runoff election on January 5th.

Since no candidates in the special election came close to 50%, it will go to a runoff between Loeffler and top Democratic finisher Rev. Raphael Warnock...and the regular Senate race will also going to go to a runoff between Perdue and Ossoff, as Perdue has fallen below the 50% threshold.

9:22am Nov. 6th: See updates at end

Welp.

There's still millions of ballots left to count, and no doubt some legal battles gearing up, but as of 11:00am on November 4th, the most likely scenario going into 2021 will be:

  • Joe Biden will be sworn in as the 46th President of the United States.
  • Democrats will continue to control the U.S. House of Representatives, albeit with a smaller margin than they have today.
  • Republicans will continue to control the U.S. Senate, albeit with a smaller margin than today (either 52-48 or possilbly 51-49 depending on an upcoming runoff election in Georgia).

The Texas Fold'em lawsuit (official name: CA v. TX, formerly TX v. Azar) is scheduled to be heard by the U.S. Supreme Court (6-3 conservative) just 6 days from today, on November 10th.

Keep in mind, however, that while the hearing will happen next week, their actual decision isn't expected to be announced until next spring...most likely between April and June.

I'm about to leave to start my shift as a poll worker in this, the most important U.S. election of our lives. I've been told I might be working until as late as midnight or even later, and will likely be sequestered all day, so I won't be able to update this site or social media.

Anyway, if you haven't voted yet, VOTE TODAY.

Use this link to find out where to vote, where to drop off an absentee ballot, make sure you're registered (or register if same-day registration is allowed) and so on: iwillvote.com.

Call 1-866-OUR-VOTE or use this link to report any problems with voting, intimidation, suppression etc: 866ourvote.org.

 

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