Senate urged not to proceed with BCRA by civil and human rights groups

One hundred sixty six civil and human rights organizations including The Leadership Conference on Civil and Human Rights, the National Health Law Program, and the National Partnership for Women & Families are urging senators to oppose the motion to proceed on the Better Care Reconciliation Act (BCRA) (H. R. 1628). The organizations sent a letter to senators on July 24, 2017, expressing their concern that the BCRA will “eliminate affordable quality health care for millions of Americans.” Specifically, the organizations said that the BCRA would gut the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) and slash federal funding as well as transform Medicaid [funding] into a block grant or per capita cap; and eliminate Medicaid expansion (see ACA sec. 2001 and sec. 1201 of the Health Care Education and Reconciliation Act of 2010 (HCERA) (P.L. 111-152). In addition, the organizations pressed senators to support the Parliamentarian’s ruling excluding the defunding of Planned Parenthood from the bill.

The Senate’s lack of transparency

The organizations noted that they were “seriously concerned about the lack of transparency of the discussions’ that lead up to the introduction of the BCRA and “the rush to vote on the bill without adequate time for analysis, hearings, and a discussion of a CBO [Congressional Budget Office] score.” The organizations stressed that such discussions, would allow the public to better understand the proposed legislation and participate in a discussion of their access to health care.

The impact of the BCRA

The organizations identified the issues that arise from the BCRA provisions that the organizations believe would have a serious impact on the communities that they represent including low-income families and people of color. These issues include:

  • The 15 million people that would lose their Medicaid coverage by 2026 under the revised version of the BCRA, as estimated by the CBO.
  • The repeal of Medicaid expansion, which will disproportionately affect the communities including Latinos, African Americans, Native Americans, Asian Americans, Native Hawaiians, and Pacific Islanders who have seen the largest gains in coverage under the ACA, and women.
  • The proposed cuts that could vastly reduce access to needed health care, reduction in needed services, increased medical debt, and persistent racial disparities in mortality rates.
  • The possible reduction in home and community-based services, which are cost-effective and keep individuals out of nursing homes and institutions.
  • The imposition of a work requirement as a condition of eligibility, which fails to further purpose of providing health care and undermines the objective.
  • The defunding of Planned Parenthood that would prevent more than half of its patients from getting affordable preventive care, including birth control, testing and treatment for sexually transmitted diseases, breast and cervical cancer screenings, and well-women exams.

Vanita Gupta, president and chief operating officer of The Leadership Conference noted that the letter reflects the widespread concerns of people, especially people of color, women, and low-income families, who currently “receive life-saving coverage because of the Affordable Care Act and the expanded Medicaid coverage” but will lose their access to quality affordable health care and will have higher health care costs “if the Republicans succeed.”

Economic, job losses predicted with BCRA

The Better Care Reconciliation Act (BCRA), the Senate alternative to the American Health Care Act (AHCA), would lead to significantly larger job losses and reductions in states’ economies by 2026, if passed into law. Both bills seek to partially repeal and replace the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148). According to an issue brief by the Commonwealth Fund, both the draft BCRA and the AHCA, which passed the House earlier (see The AHCA strikes back, May 4, 2017), would have similar effects on the number of uninsured Americans. The Congressional Budget Office (CBO) estimated that this draft version of the BCRA would lead to 22 million fewer insured Americans by 2026, roughly the same as the 24 million uninsured estimated for the AHCA (see BCRA would curb Medicaid spending growth, increase uninsured numbers, Health Law Daily, June 30, 2017; Revised AHCA costlier with same number of uninsured, Health Law Daily, March 24, 2017).

The issue brief noted that, generally, federal health funds are used to purchase health care, with fiscal effects from these purchases spreading throughout the rest of the economy by creating jobs and other economic growth. Federal health funds pay hospitals, doctors’ offices, and other providers; these facilities use revenue to pay their employees and buy goods and services, such as rent or equipment. In turn, health care employees or other businesses (and eventually their workers) use their income to purchase consumer goods like housing, transportation, or food. An analogous effect is when federal taxes are reduced, the expectation is that consumers or businesses retain income and purchase goods and services, invest, or save.

Impact on jobs

The Commonwealth Fund noted that Medicaid expansion states would be hardest hit under the BCRA. In terms of job creation or losses, the proposed BCRA would add over 750,000 jobs in 2018, but employment would then deteriorate. It is projected that in 2026, under the BCRA, there would be 1.45 million fewer jobs with the health care sector bearing the brunt of the losses at over 900,000 fewer jobs. State coffers would be reduced by $162 billion.

BCRA would repeal a number of taxes along with a phase-in of coverage-related spending reductions, including Medicaid. The tax repeals would increase federal deficits by more than $50 billion in 2018 and 2019. However, as noted, the number of jobs outside of the health care sector in 2018 would rise. Health care sector jobs would fall immediately with the loss of 30,000 jobs.

By 2026, 1.45 million fewer people would have jobs. Additionally, gross state products would drop by $162 billion and business output would be $265 billion lower, while overall 919,000 jobs would be lost in health care. The issue brief estimated that more than 534,000 jobs in other sectors, including construction, real estate, finance, retail trade, and public employment, would be lost by 2026.

States that expanded Medicaid were estimated to have deeper and faster losses. Having earned more federal funds under the ACA, these states lose more when Medicaid matching rates are cut. In addition to cutting funds to states that expanded health insurance for low-income Medicaid populations, BCRA also increases funding to states that did not expand Medicaid. Nonetheless, the issue brief noted that states that did not expand Medicaid, like Florida and Maine, would also experience job and economic losses after a few years. For instance, Florida would have the sixth highest level of job loss in the nation by 2026.

Wolters Kluwer Announces White Paper Series on Healthcare Legislation

As federal lawmakers grapple with sweeping healthcare reform, Wolters Kluwer provides resources to help professionals stay ahead of reimbursement and compliance requirements

Wolters Kluwer Legal & Regulatory U.S. today announced the launch of an authoritative and timely white paper series to track updates and provide analysis on the American Health Care Act (AHCA) and Better Care Reconciliation Act (BCRA), the proposed replacements for the Affordable Care Act (ACA) under consideration in Congress.

The AHCA passed in the House of Representatives by a slim majority in May. A discussion draft of the BCRA was released in late June but the Senate has delayed any votes on the legislation until July. The first white paper in the series, entitled “How the AHCA Directly Impact Significant Parts of the ACA,” identifies and explains aspects of the ACA that are directly impacted by the AHCA. Wolters Kluwer’s white paper series will track the legislation as new versions of the bill become available.

“Considering the impending changes proposed by lawmakers, healthcare, legal and compliance professionals need to understand the evolving regulatory landscape,” said Paul Clark, Health Law Analyst for Wolters Kluwer’s Healthcare group. “Our series of white papers will help healthcare professionals to track changes in the legislation as they occur, measure the impacts, and manage compliance and reimbursement practices more efficiently.”

Download a free electronic copy of “How the AHCA Directly Impact Significant Parts of the ACA”

For those interested in daily, comprehensive coverage of the latest health law developments, Wolters Kluwer offers Health Law Daily providing in-depth analysis on new developments delivered directly to users’ device of choice every day. To learn more visit The Health Law Daily.

About Wolters Kluwer Legal & Regulatory U.S.

Wolters Kluwer Legal & Regulatory U.S. is part of Wolters Kluwer N.V. (AEX: WKL), a global leader in information services and solutions for professionals in the health, tax and accounting, risk and compliance, finance and legal sectors. We help our customers make critical decisions every day by providing expert solutions that combine deep domain knowledge with specialized technology and services.

Wolters Kluwer reported 2016 annual revenues of €4.3 billion. The company, headquartered in Alphen aan den Rijn, the Netherlands, serves customers in over 180 countries, maintains operations in over 40 countries and employs 19,000 people worldwide.

For more information about Wolters Kluwer Legal & Regulatory U.S., visit www.WoltersKluwerLR.com, follow us on FacebookTwitterand LinkedIn.

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Linda Gharib
Director, Communications
Wolters Kluwer Legal & Regulatory U.S.
Tel: +1 (646) 887-7962
Email: linda.gharib@wolterskluwer.com

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