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News
5-5-11 Affordable Care Act Update
May 9, 2011
Legislative Update
Legislation Defunding State Exchange Grants Passes the House of Representatives
The House of Representatives and the Senate returned to Washington this week after a two week spring recess. On Tuesday, the House voted on H.R. 1213, which would defund state exchange grants included in the Affordable Care Act (ACA). The grant dollars are awarded to states to assist in their preparation for establishing and maintaining the health exchanges the law requires to be up and running in every state by 2014. The legislation passed the House 238-183. Five Democratic amendments were offered to the bill, one of where would have required the Department of Health and Human Services (HHS) to provide a report to Congress on the impact of the rescission of funds, and another one would have required the Government Accountability Office to provide Congress with a report on the benefits of appropriating federal dollars to states to establish state run exchanges, as opposed to state exchanges run by the federal government. Three of the five amendments offered were voted on, and all failed.
The legislation has been sent to the Senate, and Majority Leader Reid has said he does not intend on bringing it to the Senate floor for a vote. President Obama has also said that he would veto the bill if it was sent to his desk for signature. Read ACS CAN’s media statement.
Bill Would Repeal Maintenance of Effort Provisions
On Tuesday, members of the House and Senate introduced the “State Flexibility Act,” which would repeal Medicaid maintenance-of-effort (MOE) provisions in the ACA. If passed, states would be allowed to cut Medicaid spending or reduce enrollment without losing matching funds from the federal government.
The MOE — first included in the stimulus bill of 2009 and later expanded by the Affordable Care Act —helps to ensure that states don't tighten eligibility requirements for their Medicaid programs. Under the health reform law, states aren’t supposed to make eligibility more restrictive before the exchanges are in place in 2014.
The MOE repeal attempt is expected to be one of the next and most significant health fights. The legislation has the support of many Republican governors and could get support from some Democratic governors. ACS CAN opposes the measure since it would eliminate life-saving benefits for cancer patients and their families.
State Update
Colorado and Hawaii joined Washington State on the list of states whose legislatures have passed bills establishing a health exchange under the ACA. They now await their governors’ signature, while the governor of New Mexico vetoed the bill passed in that state. Only three states -- California, Maryland and West Virginia –- have enacted exchange legislation that comports with the ACA. Meanwhile, the governors of Georgia, Indiana and Missouri chose to bypass the legislative process, and are initiating state exchanges via executive order.
Litigation Update
Challengers and defenders of the law have all filed their arguments with the various Circuit Courts of Appeal that will be hearing the cases. To date, three federal judges have upheld the law, one in Florida has struck down the entire law, and one in Virginia has struck down the individual mandate. The judges who struck down ACA provisions have suspended their rulings during the appeals process. Oral arguments begin on May 10 in the Fourth Circuit Court of Appeals, which includes Virginia and is the first appeals court to consider the ACA. Other circuits will hear arguments in June, with the U.S. Supreme Court expected to hear the case next fall. The Society and ACS CAN filed amicus briefs jointly with the American Diabetes Association and American Heart Association in support of the law in all of the Circuits in which appeals are scheduled to be heard.
2011 ACS CAN State Lead Ambassador Meeting
The fifth annual State Lead Ambassador Summit was held April 29 - May 1 in New Orleans. The Summit brought together the lead advocacy volunteers from all 50 states and their staff partners. Participants heard from ACS CAN President Chris Hansen about the ACA and also received training on various topics, including what has transpired over since the law’s enactment last year.
Affordable Care Act Guide Now Available in Spanish
The Affordable Care Act: How It Helps People With Cancer and Their Families, the Society’s consumer-friendly guide produced with ACS CAN that explains how provisions of the ACA help people with cancer and their families, is now available in Spanish. The guide, Ley de Atención Médica Accesible: Cómo Ayuda a las personas que sufren de cancer y a sus familias, is part of the Society and ACS CAN’s ongoing efforts to educate the public about provisions of the law that affect cancer patients and their loved ones. The Spanish version is currently available through Ariba at item number 5600.10. The English version item number is 5600.00. The Spanish and English versions are also available on fightcancer.org.
Public Support for Repeal of ACA Reaches New Low
For the first time since the law was passed in March 2010, support for repeal of the ACA is below 50 percent. According to a new Rasmussen Reports survey, 47 percent of likely U.S. voters at least somewhat approve of attempts to repeal the law, while 42 percent oppose its repeal. Earlier polls have shown support for repeal ranging from 50 percent to 63 percent. Additionally, the number of voters who believe the law will be bad for the country is at a new low of 45 percent.
New Study Shows U.S. Spends More on Health Care than Other Countries; Spending Continues to Grow
The United States spends more per capita on health care and has one of the highest spending growth rates of any industrialized nation, according to a recent Kaiser Family Foundation study. The percentage of gross domestic product (GDP) dedicated to health care spending in America grew from 9 percent in 1980 to 16 percent in 2008. The United States spends 51 percent more on health care per capita than Norway, the next largest per capita spender.
As always, thank you for all you do every day to support laws and policies that help cancer patients and their families.
Christopher W. Hansen
President
American Cancer Society Cancer Action Network (ACS CAN)