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6-14-12 Affordable Care Act Update

June 15, 2012

Communications Planning for Supreme Court Decision

 

The Supreme Court decision on the constitutionality of the Affordable Care Act (ACA) is expected by the end of this month. The decision could come out as soon as Monday, June 18, although June 25 appears to be a more likely date given the court's tradition of issuing controversial opinions at the end of its term. The court could decide to extend its term beyond the 25th and issue the decision sometime later, but the reality is no one can be sure when the court will act, or what it will say.

 

Whenever the decision is released, ACS CAN will immediately launch an extensive internal and external communications plan. ACS CAN will send an email to recipients of ACA Update as soon as possible after the decision is posted, which will likely be at 10:00 a.m. We will then analyze the decision, gauge the media reaction, determine appropriate messaging, and brief the Enterprise Leadership Team in as short a time as possible. Once we have determined our messaging, we will distribute a press release to national media and send materials to ACA Update recipients that include a template press release, template letters to the editor, an internal message wheel, an internal FAQ, and talking points. At that time we will also send a Media Alert to internal audiences. At 2:00 p.m., we will hold a conference call for ACA Update recipients to review what we know about the decision, discuss national and Division media outreach, and answer questions. (Note that we previously said the call would be at 4:00 p.m.) Additional communications will follow that day and likely the next day as well.

 

It is important to note that the court will be issuing opinions on four separate legal questions that consumed two days of oral argument. No one will be able to understand the full extent of the ruling in a few short hours. We and countless other organizations will be trying to discern the decision's meaning as quickly as possible so internal and external communications can begin. Our goal is to be fast, but not at the expense of accuracy. Because there are numerous possibilities for what the justices will decide and the ruling itself may not be clear cut, we won't be able to finalize our messaging and media materials until after the decision has been issued.  We know you will be eager to see it, and we will make sure you have the materials as soon as possible that day. In the meantime, staff should decline media requests seeking predictions on how the justices will rule.

 

Federal Update

 

National Prevention Council Action Plan

 

On Wednesday, the Department of Health and Human Services (HHS) announced the release of the National Prevention Council Action Plan, which aims to increase the number of Americans who are healthy at every stage of life. The plan was created by the National Prevention Council, an organization of 17 federal departments and agencies that was established under the ACA. The plan provides comprehensive strategies for Americans to tackle health issues including tobacco use, obesity, health disparities and chronic diseases such as cancer.

 

John Seffrin, PhD, chief executive officer of the American Cancer Society and ACS CAN, serves on the National Prevention Council's Advisory Group, which was established to provide policy and program recommendations on chronic disease prevention and management, integrative health care practices and health promotion.

 

State Update

 

On June 7, HHS Secretary Kathleen Sebelius announced a new round of funding to support state-based Consumer Assistance Programs (CAPs) that will help consumers who have questions or concerns about their health insurance. An HHS report also released that day shows that hundreds of thousands of consumers have been helped by state consumer assistance programs funded by the ACA.

 

CAP grantees, which can be state agencies or local non-profits contracted by a state, provide a wide variety of services for consumers. They can help consumers find health coverage, and file appeals against health plans. For individuals unsure about their rights, CAP can educate them on how they can take action. To provide better assistance with future requests, CAPs are required to track consumer complaints to help identify problems and develop solutions.

 

In October of 2010, CAP grants were awarded to 35 states, the District of Columbia, and four territories. The report released last week shows that from October 2010 to October 2011:                      

 

  • CAP grantees directly assisted more than 200,000 consumers and reached hundreds of thousands more through outreach and education efforts;
  • CAP grantees recovered more than $18 million in direct savings for consumers and millions of dollars more in unquantifiable savings from better coverage;
  • More than 75 percent of all cases closed by CAPs were resolved in the consumer's favor

 

The new funding ensures that CAP grantees, whether operating in state agencies or as local non-profits, can continue to strengthen and enhance ongoing efforts in states across the country and local communities to protect consumers.

 

Click here for more information on CAP Grants, including a map that shows what support is available in your state.

 

Insurance Reforms

 

Three of the nation's largest health insurance companies -- Aetna, Humana, and United Healthcare announced this week that regardless of how the Supreme Court rules on the ACA they will retain many of the law's most popular insurance reforms, such as the ban on retroactive policy cancellations, free prevention services, and coverage for young adults on their parents' plans until age 26.

 

Notably, none of the insurers mentioned whether they would retain the law's provision banning denials of coverage based on pre-existing conditions, which is already in effect for children. Critics of the insurance industry denounced the move as a public relations ploy that does not include several provisions of the law that expand access to care and stop insurers from discriminating against people with pre-existing conditions.

 

For further information, read the Kaiser Health News story and New York Times editorial.

New Poll: Older Americans Struggle to Access and Afford Quality Care

Uninsured people ages 55-64 reported difficulties accessing and affording health care in 2010, according to a new report from the Kaiser Family Foundation.  Four in ten of these "near-seniors" had unmet health care needs or had delayed treatment, while three in ten  reported difficulties paying their medical bills-a significantly greater proportion than seniors on Medicare and near-seniors with private insurance.  According to the full analysis, provisions of the ACA that create new options to for consumers to purchase health insurance, bar insurers from charging higher premiums to people with pre-existing conditions and limit premium adjustments based on age will benefit this age group.

 

As always, thank you for all you do every day to support laws and policies that help cancer patients and their families.

 

Chris Hansen | President

ACS Cancer Action Network | American Cancer Society Cancer Action Network, Inc.