[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] LEGISLATIVE PROPOSALS TO IMPROVE HEALTH CARE COVERAGE AND PROVIDE LOWER COSTS FOR FAMILIES ======================================================================= HEARING before the COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN WASHINGTON, DC, MARCH 1, 2017 __________ Serial No. 115-8 __________ Printed for the use of the Committee on Education and the Workforce [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: www.gpo.gov/fdsys/browse/ committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov _________ U.S. GOVERNMENT PUBLISHING OFFICE 24-359 PDF WASHINGTON : 2017 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800 Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001 COMMITTEE ON EDUCATION AND THE WORKFORCE VIRGINIA FOXX, North Carolina, Chairwoman Joe Wilson, South Carolina Robert C. ``Bobby'' Scott, Duncan Hunter, California Virginia David P. Roe, Tennessee Ranking Member Glenn ``GT'' Thompson, Pennsylvania Susan A. Davis, California Tim Walberg, Michigan Raul M. Grijalva, Arizona Brett Guthrie, Kentucky Joe Courtney, Connecticut Todd Rokita, Indiana Marcia L. Fudge, Ohio Lou Barletta, Pennsylvania Jared Polis, Colorado Luke Messer, Indiana Gregorio Kilili Camacho Sablan, Bradley Byrne, Alabama Northern Mariana Islands David Brat, Virginia Frederica S. Wilson, Florida Glenn Grothman, Wisconsin Suzanne Bonamici, Oregon Steve Russell, Oklahoma Mark Takano, California Elise Stefanik, New York Alma S. Adams, North Carolina Rick W. Allen, Georgia Mark DeSaulnier, California Jason Lewis, Minnesota Donald Norcross, New Jersey Francis Rooney, Florida Lisa Blunt Rochester, Delaware Paul Mitchell, Michigan Raja Krishnamoorthi, Illinois Tom Garrett, Jr., Virginia Carol Shea-Porter, New Hampshire Lloyd K. Smucker, Pennsylvania Adriano Espaillat, New York A. Drew Ferguson, IV, Georgia Brandon Renz, Staff Director Denise Forte, Minority Staff Director ------ C O N T E N T S ---------- Page Hearing held on March 1, 2017.................................... 1 Statement of Members: Foxx, Hon. Virginia, Chairwoman, Committee on Education and the Workforce.............................................. 1 Prepared statement of.................................... 3 Scott, Hon. Robert C. ``Bobby'', Ranking Member, Committee on Education and the Workforce................................ 5 Prepared statement of.................................... 8 Statement of Witnesses: Klausner, Ms. Allison, Principal and Government Relations Leader, Knowledge Resource Center, Conduent Human Resources Services................................................... 10 Prepared statement of.................................... 13 Mitts, Ms. Lydia, Associate Director of Affordability Initiatives, Families USA.................................. 31 Prepared statement of.................................... 33 Ritchie, Mr. Jay, Executive Vice President, Tokio Marine HHC. 38 Prepared statement of.................................... 40 Hurst, Mr. Jon B., President, Retailers Association of Massachusetts.............................................. 45 Prepared statement of.................................... 47 Additional Submissions: Blunt Rochester, Hon. Lisa, a Representative in Congress from the State of Delaware: Letter dated February 22, 2017, from the State of Delaware Office of the Governor........................ 84 Letter dated February 28, 2017, from National Association of Insurance Commissioners (NAIC) and The Center for Insurance Policy and Research.......................... 91 Courtney, Hon. Joe, a Representative in Congress from the State of Connecticut: Business Insider: AP Fact Check: Obamacare is not in a `death spiral'......................................... 59 Chairwoman Foxx: Letter dated February 17, 2017, from Gronewoller, Mr. Davis E., President and CEO, GC Partners, Inc.......... 117 Letter dated February 13, 2017, from Monson, Ms. Catherine, Chief Executive Officer, FASTSIGNS.......... 118 Letter dated February 16, 2017, from Toy, Mr. Jon, Owner, FASTSIGN of York....................................... 119 Letter dated February 16, 2017, from the International Franchise Association (IFA)............................ 120 Letter dated February 16, 2017, from the National Association of Wholesaler-Distributors (NAW)........... 121 Letter dated February 16, 2017, from the National Restaurant Association................................. 122 Letter dated February 16, 2017, from the National Retail Federation (NRF)....................................... 123 Letter dated February 28, 2017, from the Heating, Air- conditioning and Refrigeration Distributors International (HARDI).................................. 124 Letter dated February 28, 2017, from the National Restaurant Association................................. 125 Letter dated March 1, 2017, from the Healthcare Leadership Council..................................... 126 Letter dated March 1, 2017, from the National Association of Chemical Distributors (NACD)........................ 128 Letter dated March 2, 2017, from National Federation of Independent Business (NFIB)............................ 129 NFIB: Small Business Health Reform Principles............ 131 Slide: Fast Facts: Obamacare Reality..................... 4 Johnson, Hon. Sam, a Representative in Congress from the State of Texas: Letter dated March 15, 2017.............................. 133 Polis, Hon. Jared, a Representative in Congress from the State of Colorado: Letter dated March 1, 2017, from the UMWA Health and Retirement Funds....................................... 72 Walberg, Hon. Tim, a Representative in Congress from the State of Michigan: Letter dated February 28, 2017, from the Coalition in Support of H.R. 1101................................... 65 LEGISLATIVE PROPOSALS TO IMPROVE HEALTH CARE COVERAGE AND PROVIDE LOWER COSTS FOR FAMILIES ---------- Wednesday, March 1, 2017 House of Representatives Committee on Education and the Workforce, Washington, D.C. ---------- The Committee met, pursuant to call, at 10:07 a.m., in Room 2175, Rayburn House Office Building, Hon. Virginia Foxx [chairwoman of the Committee] presiding. Present: Representatives Foxx, Wilson of South Carolina, Roe, Thompson, Walberg, Guthrie, Barletta, Messer, Byrne, Brat, Grothman, Stefanik, Allen, Lewis, Rooney, Mitchell, Smucker, Scott, Davis, Courtney, Fudge, Polis, Bonamici, Adams, DeSaulnier, Norcross, Blunt Rochester, Krishnamoorthi, Shea- Porter, and Espaillat. Staff Present: Bethany Aronhalt, Press Secretary; Andrew Banducci, Workforce Policy Counsel; Courtney Butcher, Director of Member Services and Coalitions; Ed Gilroy, Director of Workforce Policy; Jessica Goodman, Legislative Assistant; Callie Harman, Legislative Assistant; Nancy Locke, Chief Clerk; John Martin, Professional Staff Member; Dominique McKay, Deputy Press Secretary; James Mullen, Director of Information Technology; Michelle Neblett, Professional Staff Member; Krisann Pearce, General Counsel; Whitney Riggs, Professional Staff Member; Molly McLaughlin Salmi, Deputy Director of Workforce Policy; Alissa Strawcutter, Deputy Clerk; Tylease Alli, Minority Clerk/Intern and Fellow Coordinator; Austin Barbera, Minority Press Assistant; Michael DeMale, Minority Labor Detailee; Denise Forte, Minority Staff Director; Nicole Fries, Minority Labor Policy Associate; Christine Godinez, Minority Staff Assistant; Carolyn Hughes, Minority Senior Labor Policy Advisor; Udochi Onwubiko, Minority Labor Policy Counsel; Kiara Pesante, Minority Communications Director; Veronique Pluviose, Minority Civil Rights Counsel; and Elizabeth Watson, Minority Director of Labor Policy. Chairwoman Foxx. The Committee on Education and the Workforce will come to order. Good morning. I apologize that we are a little bit late this morning. I like to honor people's time, and I am always mortified when we run a little late, but thank you for your patience. We have a very distinguished panel of witnesses for today's hearing. Thank you for taking the time to be with us and sharing your personal expertise on a very important issue affecting the lives of millions of Americans across the country. ``It's in a death spiral.'' That is how Aetna's chief executive, Mark Bertolini, recently described the Democrats' failed healthcare law. Citing higher premiums and insufficient enrollment among young, healthy individuals, Mr. Bertolini predicted that more insurers will quit ObamaCare next year. When they do, as they have done year after year, families will find it even harder to access the doctors they want and the affordable coverage they need. A death spiral. That is the honest assessment of someone who has looked closely at the facts and who cannot ignore reality. Of course, there are those who are still living in an alternate reality, and they are trying desperately to protect a law that is wreaking havoc on families and small businesses across the country. Powerful special interest groups are peddling scare tactics and doing all they can to defend the status quo. One prominent organization in particular is promoting a manual that includes tips on how to disrupt town halls. The manual recommends to ``grab seats at the front half of the room, but do not all sit together'' in order to ``reinforce the impression of broad consensus.'' It even asks the activists to boo Republican members of Congress. All these desperate tactics are aimed at protecting a failed law that has resulted in nearly 5 million Americans losing the health care they like and were promised they could keep. A failed law that has left millions of Americans with access to just one insurance provider. A failed law that has caused countless families to lose access to the doctors they trusted. A failed law that has forced healthcare costs to skyrocket and destroyed hundreds of thousands of small business jobs. Ultimately, they are fighting to maintain government control, government control over the kind of health insurance you can buy. Government control over the kind of health insurance employers can and cannot offer workers. Government control over the doctors you can see and the doctors you cannot see, and government control over certain healthcare benefits that many individuals may not need. Yet, despite the costs and pain inflicted on so many Americans by ObamaCare, the answer for some is still more government control. We believe there is a better way, and that is what the legislative proposals we will discuss today are all about. We believe patients, not Washington bureaucrats, should be in charge of their healthcare decisions. We believe employers should have more choices, not fewer, to provide their workers with access to affordable coverage. We believe small businesses should be empowered to negotiate for the best coverage at the best possible price for their employees. I expect the sponsors and our witnesses will discuss in greater detail the specifics of each legislative proposal, but all three are designed to promote more choices, more flexibility, greater access, and lower costs. That is exactly what the American people want and need. We are at a crossroads right now when it comes to our Nation's health care. When people, through no fault of their own, are experiencing pain and havoc created by the ObamaCare death spiral, the only responsible thing to do is provide relief. We simply cannot continue down the unsustainable path we are on and sit back and watch as this fundamentally flawed law collapses under its own weight. We must change course. That is why House Republicans are on a rescue mission not only to save families struggling under ObamaCare, but also to deliver the meaningful healthcare reforms the American people have demanded for years. Today, we are taking an important step in this process by examining a number of commonsense solutions that will help more Americans access high-quality, affordable health care. I want to thank my colleagues, HELP Subcommittee Chairman Tim Walberg and Representative Phil Roe, as well as a former member of this committee, Representative Sam Johnson, for their leadership on several of the reforms we will discuss today. We have a lot of ground to cover. So, I now yield to Ranking Member Scott for his opening remarks. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [The statement of Chairwomen Foxx follows:] Prepared Statement of Hon. Virginia Foxx, Chairwoman, Committee on Education and the Workforce ``It's in a death spiral.'' That's how Aetna's chief executive Mark Bertolini recently described the Democrats' failed health care law. Citing higher premiums and insufficient enrollment among young, healthy individuals, Mr. Bertolini predicted that more insurers will quit Obamacare next year. When they do--as they've done year after year-- families will find it even harder to access the doctors they want and the affordable coverage they need. A death spiral. That's the honest assessment of someone who has looked closely at the facts and who can't ignore reality. Of course, there are those who are still living in an alternate reality, and they are trying desperately to protect a law that is wreaking havoc on families and small businesses across the country. Powerful special interest groups are peddling scare tactics and doing all they can to defend the status quo. One prominent organization in particular is promoting a manual that includes tips on how to disrupt town halls. The manual recommends to ``grab seats at the front half of the room, but do not all sit together'' in order to ``reinforce the impression of broad consensus.'' It even asks activists to boo Republican members of Congress. All of these desperate tactics are aimed at protecting a failed law that has resulted in nearly 5 million Americans losing the health care they liked and were promised they could keep. A failed law that has left millions of Americans with access to just one insurance provider. A failed law that has caused countless families to lose access to the doctors they trusted. A failed law that has forced health care costs to skyrocket and destroyed hundreds of thousands of small business jobs. Ultimately, they are fighting to maintain government control; government control over the kind of health insurance you can buy; government control over the kind of health insurance employers can and cannot offer workers; government control over the doctors you can see and the doctors you can't see; and government control over certain health care benefits that many individuals may not need. Yet, despite the costs and pain inflicted on so many Americans by Obamacare, the answer for some is still more government control. We believe there is a better way, and that is what the legislative proposals we will discuss today are all about. We believe patients--not Washington bureaucrats--should be in charge of their health care decisions. We believe employers should have more choices--not fewer--to provide their workers with access to affordable coverage. We believe small businesses should be empowered to negotiate for the best coverage at the best possible price for their employees. I expect the sponsors and our witnesses will discuss in greater detail the specifics of each legislative proposal, but all three are designed to promote more choices, more flexibility, greater access, and lower costs. That's exactly what the American people need. We are at a crossroads right now when it comes to our nation's health care. When people--through no fault of their own--are experiencing pain and havoc created by the Obamacare death spiral, the only responsible thing to do is provide relief. We simply cannot continue down the unsustainable path we are on and sit back and watch as this fundamentally flawed law collapses under its own weight. We must change course. That's why House Republicans are on a rescue mission not only to save families struggling under Obamacare, but also to deliver the meaningful health care reforms the American people have demanded for years. Today, we are taking an important step in this process by examining a number of commonsense solutions that will help more Americans access high quality, affordable health care. I want to thank my colleagues--HELP Subcommittee Chairman Tim Walberg and Representative Phil Roe--as well as a former member of this committee, Representative Sam Johnson--for their leadership on several of the reforms we will discuss today. ______ Mr. Scott. Thank you, Madam Chair, and I would like to welcome our witnesses and thank them for their testimony. In this hearing, we will discuss three legislative proposals that will weaken insurance protections for consumers and shift costs on to workers. The title, ``Legislative Proposals to Improve Health Care Coverage and Provide Lower Costs for Families,'' insinuates the goal of these proposals is to reduce costs for families. In fact, these bills will lower costs for only a lucky few while others will pay more. Let us be clear. This hearing is a distraction from the larger debate about the future of America's health care. Across the country millions of people are lining up in town halls and expressing their deep concern over the Republicans' reckless attempts to repeal the Affordable Care Act. I think it is important to remind people what the situation was before the Affordable Care Act passed. Costs were going through the roof. Those with preexisting conditions could not get insurance or, if they did, it was unaffordable. Women were paying more than men, and every year, millions of people were losing their insurance. Since the passage of the Affordable Care Act, the costs have continued to go up, but at the lowest rate in about 50 years. Those with preexisting conditions can get insurance at the standard rate. Women are not paying more than men. Instead of millions of people losing their insurance every year, 20 million more people have insurance. The full name of the Affordable Care Act is ``Patient Protection and Affordable Care Act.'' There are patient protections, like insurance companies cannot cut you off after they have paid a certain amount over your lifetime. We are closing the doughnut hole. Those young people up to 26 can stay on their parents' policies; prevention and cancer screening; annual checkups; no co-pays and deductibles. We have heard a lot of complaints about the so-called ``failed law,'' but one thing that is conspicuously absent is any proposal that will make things any better. The Republican draft proposal leaked just last week shows the concerns about whether or not there is a replacement plan are well founded. To whatever extent the plan has any direction in replacement efforts, it is in the wrong direction. It is not clear whether or not the leaked draft is the proposal that the majority intends to move forward, but Republicans have yet to communicate any concrete timetable for action and, in fact, have already missed their own legislative deadline directed by the recent budget. Their plans were supposed to have been available over a month ago. For seven years, we have heard calls for repeal, but no concrete proposal to replace. We have heard a lot of complaints about the Affordable Care Act, but no concrete proposal or idea to make things better. If this leaked draft is any indication of priorities, one thing is clear, and that is the proposals will push more costs on to working families, seniors, and average Americans, and, at the same time, we are considering tax breaks for corporations and the wealthy. There is one proposal to dismantle Medicaid. Most of the funding under Medicaid goes to the elderly and those with disabilities, the rest to low-income families. Another idea includes taxing workers' health insurance policies, which has the effect of funding tax breaks for corporations and the wealthy. That is right. One proposal to tax workers' health care while, at the same time, we are considering tax breaks for those making more than $200,000 a year. One of the proposals we will be discussing today expands Association Health Plans, a recycled idea from about 20 years ago that has been widely discredited as possibly doing nothing for most Americans. While a few might pay less, a lot will pay more. In 2000, the Congressional Budget Office found the proposal would have little effect on increasing health coverage. Researchers, including the American Academy of Actuaries, have expressed concern that Association Health Plans lead to market segmentation, where a few healthy people may be better off as long as they stay healthy, while older and less healthy workers will be left out in the cold. In a press release back in 2003, the academy categorized the legislation as flawed because it was neither actuarially sound nor did it protect consumers. These flaws are still present in the idea today. For example, a small business owner who is older and perhaps has struggled with mental or physical illness in the past with a so-called ``preexisting condition,'' may not be an attractive partner for the association, so they will not get in. Proposals like this allow for cherry-picking to serve only the healthy at lower cost and accessible only to those that need it while everybody else will pay more. The problem is simple arithmetic. Under the Affordable Care Act, essentially everybody pays the average. If you have a scheme where some people can pay less, then other people necessarily will have to pay more. That is just simple arithmetic. The second proposal insulates stop-loss insurance from certain Federal oversight. It is unclear how this does anything to help workers get quality health insurance. It might help the employers mitigate risk with their questionable implications for both employers and workers, particularly when smaller businesses decide to self-insure. If anything, the committee should look into making sure businesses and workers are being protected in the variety of new health insurance arrangements that have arisen over the past few decades. The third proposal allows workplace wellness programs to circumvent protections under the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act. Because wellness programs can carry large financial penalties, this legislation makes it easier for workplace wellness programs to penalize people who do not want to divulge information that may be medically sensitive or genetic information, and, therefore, if they do not give it up, they may be penalized, and that would undermine key workplace civil rights. This is just another policy that will harm sicker and older people, including those who have disabilities that may not be readily noticeable, and they may not want to divulge. A range of consumer and disability groups, including AARP, have been vocal supporters of ensuring that important civil rights protections remain in place in workplace wellness programs. Wellness programs if done correctly have the potential to benefit both workers and employers. There is no compelling reason to subvert civil rights laws and protections to administer them. So we will hear about some of these ideas that we know do not work, will not do anything to protect millions of Americans who now benefit from the ACA. As we discuss these legislative proposals, let us not lose sight of the larger debate that continues to play out in town halls and the need for constituents who are so vocal in expressing their fears. We hope we can refocus our efforts on the financial security of American families by making sure we improve health care instead of revisiting policies that do little more than shift costs on to the American worker and families, and make sure that before we repeal anything, that a replacement is ready to go. And if you can come up with a replacement that is better than the Affordable Care Act, I commit today to support it. I do not think such a plan exists because if it did exist, we would have seen it by now. In any case, Madam Chair, I thank you for having the hearing, and look forward to the testimony of the witnesses. [The statement of Mr. Scott follows:] Prepared Statement of Hon. Robert C. ``Bobby'' Scott, Ranking Member, Committee on Education and the Workforce I would like to welcome our witnesses and thank them for their testimony. This hearing will discuss three legislative proposals that will weaken insurance protections for consumers and shift costs onto workers. While the title insinuates that the goal of these proposals is to reduce costs for families, in truth, these bills will lower costs for only a lucky few, at the expense of others. But let's be clear. This hearing is a distraction from a larger debate about the future of America's health care. All across the country, millions of people are lining up in town halls and expressing their deep concern over Republicans' reckless attempts to repeal the Affordable Care Act. A Republican draft health care proposal leaked just last week shows these concerns are well founded. Insofar as the Republicans have any direction on their replacement efforts, it is the wrong direction. Now, it is not clear whether or not this leaked draft is the proposal the Majority intends to move forward. Republicans have yet to communicate any concrete timetables for action and have missed their own legislative deadlines by more than a month. But, for seven years we have heard calls for repeal. We've heard a lot of complaints about the Affordable Care Act, but every proposal or idea we have heard from the Majority fails to make things better. But, if this leaked draft is any indication of their priorities, one thing is becoming increasingly clear. The Majority's vision for health care in America is to push more costs onto working families, seniors, and average Americans, while giving bigger breaks to corporations and the wealthy. This means dismantling Medicaid, which primarily provides funding for the elderly and those with disabilities. And their ideas include taxing workers' health insurance to foot the bill for big tax breaks for the wealthy. That's right - the leaked proposal includes a provision allowing workers' health insurance to be taxed so that a current tax on high-income earners, those making over $200,000, can be repealed. The Majority believes that affordable, quality health care is a privilege reserved for the young, healthy, and wealthy - not a right for all Americans. The three legislative proposals being discussed today reflect this belief. One of these proposals expands association health plans, a recycled idea from nearly 20 years ago that has been widely discredited as doing nothing but accelerating a race to bottom for health coverage at the expense of both workers and employers. In 2000, the Congressional Budget Office found that the proposal would have little effect on increasing health coverage. Researchers, including the American Academy of Actuaries, have expressed concern that association health plans lead to market segmentation, where a few healthy people may be better off - so long as they stay healthy - while older and less healthy workers and employers are left out in the cold. In a press release back in 2003, the Academy characterized the legislation as ``flawed'' because it is neither actuarially sound nor does it protect consumers. These flaws are still present in the idea today. For example, a small business owner who is older or who perhaps has struggled with a mental or physical illness in the past will not be a very attractive partner for an association. Proposals like these that allow for cherry picking only serve to make health coverage less affordable and accessible for those who need it the most. The second proposal insulates stop-loss insurance from certain federal oversight. It is unclear to me how this does anything to help workers get quality health insurance. While stop-loss can help self- insured employers mitigate risk, there are questionable implications for both employers and workers, particularly when smaller businesses decide to self-insure. If anything, perhaps the Committee can look into making sure businesses and workers are being protected in the variety of new health insurance arrangements that have arisen over the past few decades. The third proposal allows workplace wellness programs to circumvent the protections in the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act. Because wellness programs can carry large financial penalties, this legislation makes it easier for workplace wellness programs to penalize people who are not comfortable divulging sensitive medical or genetic information, undermining key workplace civil rights. This is yet another policy that will harm sicker and older people, including those who have disabilities that may not be readily noticeable. A range of consumer and disability groups, including AARP, have been vocal supporters of ensuring that important civil rights protections remain in place in workplace wellness. While wellness programs - if done correctly - have the potential to benefit both workers and employers, there is no compelling reason to subvert civil rights laws and protections to administer them. So today we will hear about some ideas that frankly just won't work or won't do anything to protect the millions of Americans who now benefit from the ACA. As we discuss these legislative proposals, let's not lose sight of the larger debate that we will continue to play out in town halls and the needs of our constituents who are so vocally expressing their fears. I hope that we can refocus our efforts on the financial security of American families by working to improve health care, instead of revisiting policies that do little more than shift costs onto American working families. Thank you. ______ Chairwoman Foxx. Thank you very much, Mr. Scott. Pursuant to Committee Rule 7(c), all members will be permitted to submit written statements to be included in the permanent hearing record. And without objection, the hearing record will remain open for 14 days to allow such statements and other extraneous material referenced during the hearing to be submitted for the official hearing record. We now turn to introductions of our distinguished witnesses. Ms. Allison Klausner is a principal at Conduent Human Resources Service, and serves as the government relations leader for the Knowledge Resource Center, where she focuses on human resources and employee benefits. She will testify on behalf of the American Benefits Council. Ms. Lydia Mitts is associate director of Affordability Initiatives at Families USA, specializing in health system improvement issues. Mr. Jay Ritchie is executive vice president of Tokio Marine HHC, and has 20 years of experience in insurance underwriting and management. He will testify on behalf of the Self-Insurance Institute of America. Mr. Jon Hurst is the president of Retailers Association of Massachusetts. He will testify on behalf of the National Retail Federation. I now ask our witnesses to raise your right hand. [Witnesses sworn.] Chairwoman Foxx. Let the record reflect the witnesses answered in the affirmative. Before I recognize each of you to provide your testimony, let me briefly explain our lighting system. We allow five minutes for each witness to provide testimony. When you begin, the light in front of you will turn green. With one minute left, the light will turn yellow. At the five-minute mark, the light will turn red, and you should wrap up your testimony. Members will each have five minutes to ask questions. I now will recognize Ms. Allison Klausner for five minutes. TESTIMONY OF ALLISON KLAUSNER, PRINCIPAL AND GOVERNMENT RELATIONS LEADER, KNOWLEDGE RESOURCE CENTER, CONDUENT HUMAN RESOURCES SERVICES, TESTIFYING ON BEHALF OF THE AMERICAN BENEFITS COUNCIL Ms. Klausner. Hello. My name is Allison Klausner, and I am a principal and government relations leader of the Knowledge Resource Center at Conduent Human Resources Service. It is my honor to testify today on behalf of the American Benefits Council, of which Conduent is a member, and I am the chair of the Policy Board of Directors. Collectively, the council's members either sponsor directly or provide services to health and retirement plans that cover more than 100 million Americans. Many of the council's members are at the forefront of the workplace wellness revolution, developing programs to help employees and their families enjoy healthier and more productive lives. Employer-sponsored benefit plans are designed with the express purpose of giving each employee the opportunity to achieve personal health and financial well-being. This well- being serves as the foundation for employees to receive optimal performance and productivity, and, in turn, drives successful organizations. For these reasons, in recent years, employers of all sizes have increasingly been designing and implementing wellness programs. This has helped to make wellness an area of tremendous promise for the future of health care and employer- sponsored benefits. Despite the growing popularity of employer-sponsored plans, I believe the future of these valuable programs are at risk due to the inconsistent regulatory framework that applies to them. My testimony today will address this problem, and will provide recommendations for creating a consistent regulatory framework. In my role at Conduent, I have significant exposure to innovative wellness programs that employers are developing. I also have great insight into the chilling effects that recent regulations issued by the EEOC and the lack of consistent Federal policy have on employer sponsorship of these programs. In 2010, Congress effectively codified as part of the Affordable Care Act the longstanding wellness program regulatory framework under HIPAA. Despite this explicit congressional support of the HIPAA wellness program rules, employers are nevertheless subject to inconsistent Federal regs when it comes to wellness program design and operation. The inconsistency is most recently the result of the regulations relating to wellness finalized by the EEOC. These recently finalized rules under Title II of GINA and the Americans With Disabilities Act are not consistent with the well-established employee protective wellness program regulatory framework under HIPAA. As a result, many wellness programs already subject to HIPAA may now also be subject to incongruent and competing regulations under GINA and the ADA. In addition, many wellness programs that are not subject to HIPAA, which are highly beneficial, such as diabetes management programs, may now be subject to these EEOC requirements. These requirements are so burdensome that employees may lose access to them if employers conclude they are no longer able to offer them. The development and implementation of these programs requires a substantial investment of financial, intellectual, and human capital on the part of employers. Unfortunately, the need to comply with the inconsistent regulatory framework under HIPAA, GINA, and the ADA has caused many employers to take a step back or to pause in their implementation of innovative wellness programs. This, in turn, will weaken the positive steps and impact that wellness programs can have on employees, employers, and long-term health costs. I believe the committee can take steps to develop a consistent regulatory policy for wellness programs. In this regard, I do appreciate the prior work of this committee in introducing H.R. 1189, the Preserving Employee Wellness Programs Act. This act clarifies that wellness programs that do comply with HIPAA and the Affordable Care Act would not violate the ADA or GINA merely by offering an award, an important move towards consistent Federal policy. Since the introduction of the act, the EEOC issued its wellness regulations under the ADA and GINA. We encourage the committee to reintroduce the act with certain modifications to address the inconsistencies introduced by the EEOC rules. First, we suggest modifying the act to provide that wellness programs that are subject to and comply with the HIPAA wellness rules are deemed to comply with the ADA and GINA if they offer awards that comply with the limits imposed on health contingent programs under HIPAA. Second, we recommend modifying the act to provide that wellness programs that are not subject to HIPAA wellness regs are deemed to comply with the ADA and GINA if they offer awards that comply with the limits imposed on health contingent programs under HIPAA. Third, we believe the act should state that wellness programs that provide for more favorable treatment of individuals with adverse health factors, such as diabetes management programs, are deemed to comply with the ADA and GINA. Fourth, we suggest modifying the act to provide that the collection by a wellness program of information about the manifested disease or disorder of a family member should not be considered an unlawful acquisition of genetic information with respect to another family member, and should not violate GINA. This would enable employers to provide spouses and children with the same important wellness programs they offer employees. I want to thank you for your interest in employer-sponsored wellness programs. I appreciate the opportunity to testify, and the council and I look forward to working with you to enact commonsense reforms and restore certainty to employers who are focusing on improving the health of their workforces by creating a consistent Federal policy for employer-sponsored wellness programs. [The statement of Ms. Klausner follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Thank you very much. The staff gave me phonetically how to pronounce your name, and I read it wrong. Ms. Klausner, thank you. I apologize. Ms. Mitts, I recognize you for five minutes. TESTIMONY OF LYDIA MITTS, ASSOCIATE DIRECTOR OF AFFORDABILITY INITIATIVES, FAMILIES USA Ms. Mitts. Good morning, Chairwoman Foxx, Ranking Member Scott, and distinguished members of the committee. Thank you for the opportunity to testify today. I am Lydia Mitts, associate director of affordability initiatives at Families USA, a nonprofit, nonpartisan consumer advocacy organization that has worked since 1982 to promote high-quality, affordable health care for all in this country. The three bills before you today would make various changes to employer-based coverage that would promote the scaling back of plan benefits and shift a greater share of cost to workers, particularly older and sicker workers. I would like to specifically address two of the bills before you today, starting with the Preserving Employee Wellness Programs Act. We believe that preserving and strengthening access to care should be a pillar of workplace wellness efforts. We have long had concerns with wellness program incentives that vary workers' healthcare premiums or other healthcare costs based on their completing health screenings or meeting certain health goals. Such programs can simply be a backdoor way to medically underwrite. In addition, national research from RAND has found that simply offering a comprehensive wellness program that includes extensive lifestyle management and disease management services is almost equally as effective as incentives at generating high participation. Premium surcharges tied to completing invasive health screenings also undercut key protections of the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act that protect the privacy of workers' sensitive medical and genetic information. Our concerns with these collection practices are elevated given research showing that over half of workplace wellness programs provide limited services or focus only on providing health screenings. These raise significant concerns that many programs are focused on collecting sensitive information, not making investments in services to help workers address health problems. The Preserving Employee Wellness Programs Act would open the door for employers to charge workers and their families even higher healthcare costs if they refuse to complete invasive health screenings. Under current regulations, employers can already charge premium surcharges as high as 30 percent of the premium for employee only coverage, which is around $2,000 on average. This bill drastically increases maximum surcharges to 30 percent of the cost of family coverage, which translates to close to $5,500 on average. This change will just make coverage less affordable for many families, and further undercut important worker protections against discrimination. The bottom line is that efforts to support employee health need to focus on providing evidence-based services, not shifting healthcare costs to workers. The second bill I would like to speak to is the Small Business Health Fairness Act. This bill would exempt Association Health Plans from adhering to critical State and Federal requirements for small group coverage. These requirements have benefited small employers and their workers alike. They include protections that prevent plans from charging small employers exorbitantly higher premiums because their employees have poorer health, are older, or are disproportionately women. They also include requirements that plans cover comprehensive benefits that meet the needs of a diverse workforce. By allowing Association Health Plans to ignore these key protections, this bill would increase premiums and threaten stable access to comprehensive coverage for many small employers and their workers. Employers with a young workforce that is in pristine health may be able to get lower premiums. However, the rest of small businesses would see coverage become less affordable, although they sought it through an association or the existing small group market. On top of this, employees that move to association plans would be at risk of facing skimpier coverage that doesn't cover the care they need. This bill would just move us backward to a two-tier system that makes it harder to purchase comprehensive, affordable coverage for all but a minority of small businesses. In closing, I want to note the real threat that other proposals to repeal the Affordable Care Act also pose to the health coverage of workers and their families. While not before the committee today, these proposals would have grave impacts on access to affordable coverage for working people in this country. As we discuss solutions to improve affordability of coverage and care for businesses and their workers, we need to focus on solutions that do not simply shift healthcare costs to working families or undermine their access to coverage that fully meets their needs. I hope this testimony has provided you with a valuable overview to help inform your deliberations on the legislation before this committee. Again, thank you for the opportunity to testify before you today. [The statement of Ms. Mitts follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Thank you, Ms. Mitts. Mr. Ritchie, you are recognized for five minutes. TESTIMONY OF JAY RITCHIE, EXECUTIVE VICE PRESIDENT, TOKIO MARINE HHC, TESTIFYING ON BEHALF OF THE SELF-INSURANCE INSTITUTE OF AMERICA Mr. Ritchie. Thank you. Chairwoman Foxx, Ranking Member Scott, and distinguished members of the committee, my name is Jay Ritchie and I'm an executive vice president with Tokio Marine HHC Stop-Loss Group. Tokio Marine HHC Stop-Loss Group provides coverage for over 3,000 self-insurance employers and Taft-Hartley plans. We are one of the largest providers of medical stop-loss in the U.S., covering 3.4 million employees and their dependents. Today, I'm testifying on behalf of the Self-Insurance Institute of America, a national nonprofit trade association representing the business interests of companies involved in the self-insurance marketplace, of which I am the current chairman. SIIA and its members strongly support the Self-Insurance Protection Act, and we thank Dr. Roe for his sponsorship of the legislation, as well as the support of many of you on this committee. Self-insurance offers employers across the country a platform to effectively and efficiently manage their healthcare expenditures. The self-insurance market is focused on creating cost-effective and beneficial outcomes for employee populations. Self-insurance is not limited to just private sector employers. Local cities, counties, and school districts make up 9 percent of my own block of business. Another 5 percent is made up by Taft-Hartley plans. I will also balance my remarks today by saying that self- insurance is not the right option for everyone. Self-insurance does carry additional responsibilities for the plan sponsor, but I feel strongly that every employer should have the right to examine their options on how to best finance their employee health benefit costs. We have submitted to this committee a more detailed written testimony, so I will not re-read it in its entirety in respect to our allotted time. I would like to highlight some of the important reasons why the Self-Insurance Protection Act is so important to encourage competition and maintain current market forces. The largest differentiator between health insurance and self-insurance is ownership, who controls the plan. Self-funded employers made the choice to take ownership of their plan in a fiduciary capacity. While this gives the plan control of the benefit design and claim data, it also makes the employer financially responsible for all administrative expenses and healthcare claims of the enrolled members. This financial responsibility can be assumed by the largest employers or Taft-Hartley plans. However, for those who want to have the benefits of self- insurance but need to manage the fiscal risk of large catastrophic claims, they purchase an insurance product called ``medical stop-loss insurance.'' Medical stop-loss insurance, also known as simply ``stop- loss,'' is not health insurance. Stop-loss does not insure employees, nor do we reimburse medical providers for care. Rather, we reimburse a self-funded entity for healthcare payments incurred by the plan to the extent they exceed a certain predetermined threshold or deductible, similar to a liability product. To further tell the differences between stop-loss and health insurance, I would offer you the fact that of the 3,000 stop-loss policies my company sells, our average deductible is $140,000. Smaller policyholders will buy a deductible lower than the average while larger plans will buy much higher, but the reality is that stop-loss does not cover the same risks as health insurance, and that is by design. Stop-loss is what makes self-insurance work for employers that are not large enough to self-fund the largest claims. Without medical stop-loss insurance, these plans cannot afford to be self-funded as a single catastrophic claim could create financial hardship for the plan, so they purchase stop-loss coverage to transfer the risk of large dollar claims. We're advocating for the passage of the Self-Insurance Protection Act to preclude regulatory action that would limit access to stop-loss coverage. If regulators are permitted to redefine stop-loss coverage as health insurance, the availability and access to stop-loss will be significantly reduced. It would mean that stop-loss is only available for health insurers when they control the plan. This would eliminate the most valuable aspects of self-insurance and restrict plans to a limited amount of health insurers. This would also lead to self-insurance only being available for the largest corporations, and we would see its benefits and advantages eliminated for small- and medium-sized organizations that need it the most. Stop-loss insurance, while clearly not health insurance, is still an insurance product, meaning states still regulate how insurance operates. Certain states have taken action to restrict availability of stop-loss based on a specific deductible for certain group sizes. While we acknowledge the responsibility of a state to regulate change for insurance products under their jurisdiction, a Federal regulation that would alter the definition of ``stop-loss coverage'' into a product it is clearly not intended to be is very concerning. To prevent this, the Self-Insurance Protection Act simply seeks to amend the definition of ``health insurance coverage'' under the Public Health Services Act and parallel sections of ERISA and the Tax Code to clarify that stop-loss insurance is not health insurance. This legislation does not amend the ACA. In conclusion, self-insured employers, benefit brokers, consultants, and third party administrators, who are all members of SIIA, strongly support the passage of the Self- Insurance Protection Act, to promote and protect the ability of organizations to self-insure with access to stop-loss insurance based on their specific needs. Self-insurance provides affordable health coverage to businesses of all sizes, helping many employers access coverage they may not otherwise have. While self-insurance is not the only solution to accessible and affordable employer health care, it is an essential part of the solution and should remain available. Thank you for the opportunity, and I look forward to speaking with the committee. [The statement of Mr. Ritchie follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Thank you, Mr. Ritchie. Mr. Hurst, you are recognized for five minutes. TESTIMONY OF JON B. HURST, PRESIDENT, RETAILERS ASSOCIATION OF MASSACHUSETTS, TESTIFYING ON BEHALF OF THE NATIONAL RETAIL FEDERATION Mr. Hurst. Thank you, Chairwoman Foxx, Ranking Member Scott, and honorable members of the committee. My name is Jon Hurst. I'm president of Retailers Association of Massachusetts. We're a state trade association of 4,000 mom-and-pop businesses across the Commonwealth. You will find organizations like ours in every state capital across the country. We are all members of the National Retail Federation. We collectively represent what is the most competitive industry on the face of the planet, the retail sector. It is most competitive because our industry empowers consumers. When you think about the consumer, the consumer has all the power to make the decisions of what they buy, where they buy it, for how much, and when they buy it. If we could only translate some of that same power into the healthcare industry, and that is what we're trying to get done with some of this legislation and some of these reforms for small businesses. I'll take you back 11 years ago in Massachusetts. Our legislature and former governor, Mitt Romney, passed what was called ``Chapter 58,'' better known as ``RomneyCare.'' RomneyCare had a lot of important objectives and a lot of important wins, one of which was greatly lowering the level of uninsured. We went down below 3 percent. The other objective was to make sure that we didn't hurt employment of large employers that were at the table and effectively involved in the lobbying of that legislation. What was overlooked though, Madam Chairwoman, were the small businesses. The small businesses were not at the table, and those developing that legislation thought that really all small businesses needed was an exchange, a marketplace to go to and buy health insurance. If you fast forward for a few years, we kept on measuring what was happening with the health insurance rates for our 4,000 members. Each and every year between 2006 right on up through now, our average increases for these small businesses have been 12 percent. We always benchmark ourselves against a self-insurance group, which is the state, our Group Insurance Commission, which is a self-insured group of state employees. Our small members, which is a cross section of society, have been annually seeing increases three times the rate of the self- insured group of the state. We find it very hard to believe that employees of Main Street businesses were three times less healthy than employees of State government. So, it didn't take very long for us to decide we needed to do something different. We went back to the legislature in 2010 and got passed unanimously an update of the old Association Health Plan law, which had been repealed in Massachusetts about 15 years earlier. We called it ``The Small Business Cooperative Law.'' It allowed for small businesses to band together with their trade associations, their chambers of commerce, and see real savings and real tools that large competition, the competition across the street, and from big business and from big government have every day, from savings on wellness programs, to savings on using transparency on costs and quality, to make sure that your employees are well educated about the right place, the right service, with the right provider for whatever form of health care they need. We acted as their H.R. departments. Between our association, 100 local chambers of commerce across the Commonwealth, this passed unanimously. The legislation was signed into law by former Governor Deval Patrick. It was extremely supported, and even to this day, we have more small businesses and their employees buying through these cooperatives and buying through our State exchange, our connector. We don't cost the taxpayer one dime. You know, it's time that we look at ways to level the playing field for small businesses and their employees. They compete, Madam Chairwoman, every day with large businesses, not only for customers, but also for employees. Whether we have a law or not that says you must buy health insurance, or if the employees of the small businesses themselves feel like they need to have health insurance for themselves and their families, it is incumbent upon us and government to make sure that we do not throw up roadblocks and cause discrimination based upon where you work. If employees of large employers have the ability to self- insure and to group buy and get discounts on wellness and transparency uses, so should the small businesses. They should not be held back. They should not see increases that are far higher than their competition across the street. That is incumbent upon government. It's incumbent upon our markets to make sure that we have equality in the marketplace. We look forward, Madam Chairwoman and members of the committee, of working with you on this very important legislation, H.R. 1101, because we think this is an important step to reforming our healthcare policies across the country for our small businesses and their employees. Thank you very much. [The statement of Mr. Hurst follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Thank you very much, Mr. Hurst, and all of our witnesses for your excellent testimony today. I now will recognize members for five minutes of questioning and answers. Mr. Wilson, you are recognized for five minutes. Mr. Wilson of South Carolina. Thank you, Madam Chair, and thank you, Madam Chair, for your leadership in providing such extraordinary witnesses today. We appreciate very much your input. Ms. Klausner, I am grateful that the South Carolina Hospital Association under the leadership of President Allan Stalvey has been leading the efforts to establish wellness programs in businesses, hospitals, and government offices. To date, their Working Well Program has established wellness programs in 110 multisector worksites. Under the hospital association's leadership, wellness programs have increased in our State. What are some of the benefits that employers achieve because of wellness programs, and what are some of the results that employees have seen? Ms. Klausner. Thank you very much for your question. Wellness programs have been enormously successful, and for different employers and different employee populations, they see different successes, but all success, nevertheless. Some see benefits directly for employees in terms of reducing their healthcare costs. They learn about it through their health risk assessments or their biometrics screenings, or other opportunities, what may be their weaknesses that they can address with their own physicians, with their own health care. Ultimately, they have an opportunity to reduce those costs. They also see as absenteeism goes down, individuals that are at work are more productive, and, as a result, the employees see a greater value in terms of their contribution to the employers. We also see that morale increases as everybody becomes healthier. So, ultimately, we see across the board many things. Healthier individuals create a more productive work environment and a reduction of healthcare costs. Mr. Wilson of South Carolina. I appreciate your pointing out wellness screening preventive care, how helpful that is. Mr. Ritchie, Hubner Manufacturing of Mount Pleasant, South Carolina, supplies products for buses, trains, and the air transportation industry. They discovered they were going to have a spike in healthcare insurance premiums. To help control the insurance costs, the company began making a change towards a healthier working environment. I am grateful for the leadership of Hubner Manufacturing's chief executive officer, Ron Paquette. He has made a real difference. As Congress looks at various ways to control affordability in health care, wellness programs and initiatives should be part of the discussion. What are some of the roadblocks that employers face when implementing their first wellness programs? Can Congress assist employers in working past these roadblocks? Mr. Ritchie. I would say for wellness programs, one thing that is important, and I would stress this is where the self- insurance aspect comes from, one thing we always talk about on self-insurance is that the employer controls the claim data. In other words, they get the claim data and they can react to that data. So, if you see something, you know, an example of we know we have a higher incidence of pre-diabetic care, we can create a wellness program custom made just for that employer, that helps people with pre-diabetic care or helps them in controlling their diet, or other types of programs that can incentivize people to take a little bit better care of themselves, or to early identify an issue, to react to it. This is something you won't see in a normal health insurance market. Why? Because the health insurance market isn't going to be customized to the employer. When the employer is self-funding, they become their own self-funded plan, they become a 100 percent nonprofit plan, because, again, the employer is not taking a profit off the employee benefits. They have an incentive to create healthy employees and productive employees. That's why we see the benefit of self- insurance and the ability to access wellness benefits as critical to that component. Mr. Wilson of South Carolina. Thank you very much. Mr. Hurst, you provided a unique perspective with the different healthcare mandates that have been suggested, imposed, or mandated in Massachusetts. Can you provide insight into the impact ObamaCare has had on small businesses that face the increasing cost, and what would the Small Business Health Fairness Act do to improve the situation? Mr. Hurst. Thank you, Mr. Wilson. I believe that this legislation is critical because you have to look at what's happening in the marketplace. In Massachusetts, 60 percent of the commercial marketplace is already self-insured, and growing. What happens when you go self-insured, you have opportunities, particularly if you're a small business buying in a merger, small group marketplace, you have the ability, for instance, to certainly do the wellness programs and to educate your employees on the proper location for various services, but you also have to deal with what you're talking about, the mandates. You have the opportunity of avoiding State mandates. I can give Massachusetts as an example. Since RomneyCare passed 11 years ago, we passed 19 State mandates, nearly two per year, through our legislature. You know, it's no secret that the healthcare industry is very, very powerful. You know, to pass more mandates, what it does, it puts more money in their pocket, it raises their utilization. If you're a retailer it's called ``raising traffic,'' right; for healthcare providers it's raising utilization. It also affords them the ability to raise their prices. You know, if there's no choices, if there is not the ability for consumers to say no, the provider, whether it be a Big Pharma company or a hospital, are going to raise their prices. Under ERISA, these big self-insurance companies can, in fact, avoid the State mandates. In Massachusetts, we survey every year, at least 12 on any given year are not covered by over 90 percent of the ERISA-exempt self-insureds, and that is government discrimination, okay. So, if you're a large company and you're self-insured, you're avoiding State mandates. If you're a small business, there's another reason why your premiums are much higher. Mr. Wilson of South Carolina. Thank you. Thank you for your insight. Chairwoman Foxx. Thank you, Mr. Hurst. Thank you, Mr. Wilson. Mr. Courtney, you are recognized for five minutes. Mr. Courtney. Thank you, Madam Chairwoman, and to the witnesses for being here today. Again, I would just like to sort of follow up on a couple of the opening comments that the Chairwoman quoted, actually someone from Connecticut, Mark Bertolini from Aetna, regarding the question of death spiral. He raises a very significant issue right now in terms of the stability of the exchanges, but I think if you read a little bit deeper into his comments, the question of stability is really about the future of subsidies for next year in terms of whether or not carriers are going to have any confidence that people have benefited from enrolling in the individual market and the small market. And I can tell you some stories about some small businesses that have actually done quite well with the exchanges and the tax credit, which your remarks did not mention, Mr. Hurst, through the ACA. Again, Mr. Bertolini went on to say, you know, there is a solution here, which is basically to set up a reinsurance mechanism, kind of like a stop-loss, for high-cost claims that again flow through these markets. Again, we did have reinsurance in the first three years of the ACA. That expired. You know, a clear fix to try to stabilize those markets is to extend that reinsurance mechanism that was in the law originally. Again, reinsurance is a tried and true mechanism in Federal programs, whether it is flood insurance, terrorism insurance, nuclear power plant insurance, and it actually was in the Republican prescription drug plan, the part D program, which has a reinsurance mechanism that has actually kept premiums in the Medicare part D program quite stable. Kudos to the Republican leadership who incorporated that into the prescription drug plan that was enacted back around 2002 or 2003. So, again, there are solutions here to deal with some of the instability that exists in the market, but, frankly, that is not what we are hearing from the Republican majority. It is too bad. Again, I think there are a lot of people who are serious, people who actually do know the complexity of the health insurance market, that could address these problems. Even with that, in Connecticut, we just closed the books on an enrollment period for 2017. We again had a very strong enrollment. The average age of new enrollees in the Connecticut individual market exchange actually went down last year from 39 to 35. I want to repeat that. The average age went down from 39 to 35. That is not an indicator of a death spiral. I mean, again, we had younger, healthier lives enrolling in the exchange, even with the spike in premiums, because, again, the subsidies shielded 75 percent of the people who were enrolling in that marketplace. To the extent, again, looking forward, there is uncertainty regarding the future of the subsidies, that is what is making insurers skittish about actually participating in the 2018 enrollment period. Madam Chairwoman, I actually have an AP story which quotes the American Academy of Actuaries about whether or not, in fact, we are seeing a death spiral in terms of the enrollment. Again, this is not a partisan organization. If they debate something, it is usually about numbers. That is what actuaries do. We have a lot of them who live in Connecticut. Again, I ask that the ``AP Fact Check, ObamaCare is not in a Death Spiral'' be entered into the record. Chairwoman Foxx. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Courtney. So, again, real quick, Ms. Mitts, in terms of the Association Health Plan that is before us right now, again, as a former small employer, you know, I understand the fact that because of the smallness of the groups, you know, it is harder to spread risk, but I guess the real question is what we are really looking at is relaxing some of the patient protections that were built into the ACA that this legislation seeks to do, for example, lifetime limits. Maybe just sort of talk about that in terms of what we are sacrificing with that kind of legislation. Ms. Mitts. So, if we moved backwards to a situation where small group coverage wasn't protected under rating requirements that they now are, so now all small groups need to be community rated, and it's been a huge benefit for many small employers who have workforces that did have healthcare needs, who prior to the Affordable Care Act had trouble getting competitive rates in the marketplace because they could be charged higher premiums, we would move back to a situation where we have some small employers who are able to get competitive rates through an Association Health Plan, who have risk segmentation, so the people who really can't benefit from an Association Health Plan because they're not offered competitive rates because they do have workers who have healthcare needs. That's not a viable option for them, and now we've left this small group market with a less robust risk pool, and premiums will go up for everyone. So, there definitely is an impact on premiums. Beyond that, workers could lose coverage of really important benefits, including maternity coverage. Previously, it was less likely for Association Health Plans to sometimes cover autism benefits that are a lifeline for many working families. So, there is a lot on the line if we move backwards to a deregulated market for some small businesses. Mr. Courtney. Thank you. Chairwoman Foxx. Thank you. Mr. Walberg, you are recognized for five minutes. Mr. Walberg. Thank you, Madam Chairwoman. Thank you to the panel for being here. Representative Sam Johnson and I recently introduced H.R. 1101, as you know, the Small Business Health Fairness Act. It was introduced to allow small businesses the option to pool together to offer health benefits. I want to make it very clear, the option. Hearing some of the dire suggestions is just concerning. We can make up all of the opportunities that would go in the wrong direction, in fact, and forget about the fact that did happen with the Affordable Care Act. Neither is it affordable anymore. The outcome, you may have a piece of paper, but you do not have coverage. You do not have options. We have heard many stories of how small businesses find it difficult to find affordable coverage. According to a 2015 study by the National Federation of Independent Businesses, the cost of health insurance is the principal reason that small businesses do not offer coverage. Of the 60 percent of small employers that do not offer coverage, 52 percent cited cost as the reason. Small businesses continue to drop coverage. According to the Employee Benefits Research Institute, since 2008, approximately 36 percent of small businesses with fewer than 10 employees have stopped offering coverage. So, I would like to submit for the record a letter coming from over 35 business associations, small business associations, that stand in favor of the opportunity that is afforded by H.R. 1101. I would like to submit that for the record. Chairwoman Foxx. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Walberg. Thank you. Mr. Hurst, you testified that ObamaCare relegated small businesses and their employees to a second-class consumer status versus their larger self-insured competitors. You also stated that ObamaCare prohibits you from taking full advantage of steps your State took to offer small businesses more options for coverage. Based on your experience, let me ask, how will the Small Business Health Fairness Act help small businesses like those that belong to the Retailers Association of Massachusetts? Mr. Hurst. Thank you, Congressman. What ObamaCare, what the ACA did, it preempted a whole lot of innovation in States, one of which was a very socialized effort in the small group market as far as rating factors. Rating factors are what State regulators use to set premiums for small businesses. The more rating factors you have, the fairer the rates that you have for the small businesses. What the ACA did, it rolled back rating factors to only four. In Massachusetts, we used to have 11. You know, what you want to try to do is to have fair rates, to make sure people are not unfairly cross-subsidizing others. If this legislation passes, I believe you're going to see a lot of associations, a lot of the chambers of commerce, looking at an option, whether it be they self-insure or fully insure, to get out there and be proactive in lowering costs for their employees. Not only for them, but also we have a big growing pot of health care, and there's an issue of how we divide that up. Right now, it's not being divided up fairly. It's being divided up unfairly. We need to stop the growth, but we also need to divide it more fairly, and this will help do that, but it also will engage those business associations, the professional societies, and chambers of commerce to better educate their employees and members about the importance of wellness programs, the importance of going to the community hospital instead of the big teaching hospital where the costs are three times higher. We need more education of our consumers out there and our associations are the right vehicle to do that. Mr. Walberg. Thank you. Mr. Ritchie, can you explain the benefits of a self-funded Association Health Plan for an employer offering benefits to employees under this bill? Mr. Ritchie. Yes. One thing I'd like to talk about, we just had the analysis of these are small employers and they're trying to compete. Well, when you talk about putting them in an Association Health Plan, you're pulling them out. They're not small employers anymore from a risk basis. They have bound together in a bona fide association, so it's not been a newly created association, it's a bona fide association, and now they're able to purchase coverage as a larger employer. One thing we talked about was Mr. Bertolini and his comments about whether the individual market is in a death spiral or not. What we know as a fact is the employer market is not in a death spiral. It's a very healthy market. It's a very competitive market, and it's mainly what is controlling costs in the USA right now. Sixty-one percent of all employees who get coverage through their employer get it under a self-funded plan. That's a material thing. That shows you that self-insurance is working. It is not broken. So, when we talk about an association, we're allowing small employers in another format, if they can't do it on their own and standalone basis, to come forward and say, yes, I want to be part of a larger group. I want to look at maybe having a health insurance product, maybe I want to be self-funded. I want to have the choices, but I want to be together with a bona fide association to provide coverage for my members or my employees. Mr. Walberg. Thank you. I yield back. Chairwoman Foxx. Thank you very much. Ms. Fudge, you are recognized for five minutes. Ms. Fudge. Thank you very much, Madam Chair, and thank you all for being here today. You know, it is interesting to me that any time the majority does not like something, they just deal with it ad nauseam, over and over and over again. We have voted more than 60 times to repeal the Affordable Care Act, and they did not even pretend to have a replacement. Just repeal it. What would make you think they have a replacement now? This is nothing more than just stalling until they can come up with a plan. They have no clue what to do to replace it. As a matter of fact, the President said it is just complicated. It is complicated. I know it is hard. Sixty-five times with no replacement plan. You know, I listened to the Chairwoman talking about people coming to town halls. I had a town hall on Saturday, because I know that when I was elected, I was elected to represent every single person in the district I represented, even those who disagree with me. That is my job. So, I listened to what the people said. There was not one who believed that we should repeal the Affordable Care Act. Can we make it better? Absolutely. They want it fixed. They do not want it destroyed. What we want to do here is to destroy it because we have no earthly idea how to fix it. I wonder how many hearings we are going to have on this. They did not like NLRB. We had 26 hearings. I wonder how many we will have on this before they come up with a plan. Ms. Mitts, even though we have not talked about this today, they have this great idea that health savings plans are the answer to all of our problems. Could you please talk a bit about how someone maybe with cancer or someone who has some long-term illness would go into absolute bankruptcy with a health savings plan? Ms. Mitts. Thank you for your question. Health savings accounts do not work for the vast majority of working people in this country, middle-income families who are living paycheck to paycheck. Basically, it asks people to pay full freight for their health care, they're tied to plans with high deductibles. Data has shown and research has shown that most families do not have that type of money in liquid assets, in any financial assets, to pay $2,000, $3,000 in medical bills. So, health savings accounts are not the solution for working families. They just cannot afford to put that money aside in an account where literally they cannot use it for anything other than health care. They have an emergency fund for health care, for their house, for their children, so it's really not a solution, and it's a cost shift to families, and would leave them exposed to bankruptcy and medical debt. Ms. Fudge. Even though some people think we live in an alternative universe, I do not deal in alternative facts. It is a fact that 20 million more people have health care because of the Affordable Care Act. It is a fact that people are no longer going into bankruptcy because they are sick. It is a fact that young people can stay on their parents' insurance until they are 26. It is a fact that right now, a person who is sick can get help and not have to worry about paying their bills. So, let us just deal with some facts. What happens if we restrict or reduce the amount of Medicaid expansion in our States? What happens to these people who now have insurance, who after we change whatever it is they are going to change, because I still do not know what that is, what happens if we roll back Medicaid expansion? Ms. Mitts. Medicaid expansion has expanded coverage to millions of working people in this country. The majority of people who have benefited from Medicaid expansion are working adults. They would be left without any affordable coverage option and likely go uninsured. We've seen people's access to preventive care and primary care improve thanks to the Medicaid expansion, and that's benefited enrollees of the expansion, as well as their workers, who now have a healthier workforce coming into work every single day. Rolling back the Medicaid expansion would have dire consequences for States who have seen an economic boost from the Federal funds coming in. It's created jobs and lifted up their economies. So, the cuts have dire consequences for the low-income people who have relied on Medicaid for affordable coverage as well as their States. Ms. Fudge. Thank you for just the facts, just the facts. Thank you. I yield back. Chairwoman Foxx. Thank you, Ms. Fudge. Mr. Barletta, you are recognized for five minutes. Mr. Barletta. Thank you. Mr. Hurst, thank you for being here today. As you well know, many individuals do not have the luxury of employer-sponsored health coverage on the sole basis that they are, in fact, their own boss. I have heard from many of my constituents who are faced with this problem, especially farmers. Luckily, they were afforded the opportunity to receive coverage through the Pennsylvania Farm Bureau. At one point in time, the Pennsylvania Farm Bureau provided coverage to almost half of the farmers that belong to the organization through an Association Health Plan. This arrangement worked very well for the Farm Bureau's hardworking members. When they had a question concerning their coverage, they were able to simply call the Pennsylvania Farm Bureau, a welcomed alternative to calling a 1-800 number that likely would have immediately put them on hold. However, perhaps the best part of this arrangement was the cost for both the Farm Bureau and its membership. Since the rates were set by experience, the prices were affordable. The farmers in my district will tell you they do not go to the doctor for every cut or every scrape they may have, and this characteristic resulted in relatively low coverage costs. Of course, when they needed care, it was available to them, and the Farm Bureau prides itself on the benefits they were able to administer. However, all of this changed thanks to ObamaCare. Under ObamaCare, arrangements like the one used by the Pennsylvania Farm Bureau were no longer viable. Costs for these farmers went up because the rates were no longer based on the Farm Bureau's coverage pool alone, but rather on a larger community rating based on individuals outside of the organization. This is because the Pennsylvania Farm Bureau could no longer offer their Association Health Plans to their members. In short, President Obama's failed healthcare law decreased flexibility for groups like the Pennsylvania Farm Bureau and, in turn, hardworking farmers and their families. I am a strong believer and supporter of Association Health Plans and the idea that small businesses should be able to pull together to offer their employees affordable health coverage. I agree with you that we must give organizations and small businesses this option. However, I think that we must continue to explore innovative options that lower the cost of health care even further. Based on your experience in Massachusetts, what type of benefits and cost savings do you think groups like the Pennsylvania Farm Bureau and their members would experience if they were allowed to pool with groups across State lines to deliver health coverage? Mr. Hurst. Thank you, Congressman. I will say farm bureaus across the country had very viable programs, including in Massachusetts, and serving a very important part of the economy. What we've done is we've essentially asked them to unfairly cross-subsidize others, where we don't do the same thing for big business or big government who are ERISA-exempt. So, that's unfair. It's discriminatory under the law and under the marketplace. What the Pennsylvania Farm Bureau and other small business associations can do is they can get proactive with their employees, their families, and make sure they understand the importance of wellness, for instance. If you get well and prevent certain accidents and certain diseases, you know, you're going to avoid claims. If you avoid claims, your premiums should come down. There's a reason why large employers self-insure, right? There's a reason why they do wellness programs, because if people get healthier, your premiums are going to drop. It's the same thing if you educate your employee base that you need to go to XYZ provider rather than ABC who is a higher cost and no better in the area of quality. We need more education of the small business employees as well about the right setting for the right care, and that's what these plans can do. Mr. Barletta. Thank you. Thank you, Madam Chair. Chairwoman Foxx. Thank you very much. Mr. Polis, you are next for five minutes. Mr. Polis. Thank you, Madam Chair. Today, 20,000 coal miners received notice that their retiree healthcare benefits will be cut off for 60 days when the Continuing Resolution expires. They received the notice because last December Congress passed a four month patch for coal workers' healthcare benefits instead of the permanent fix that many of us in a bipartisan way proposed to cover miners' health care. A copy of that 60-day notice is on the easel in front of us. I would like to ask unanimous consent to enter this notice to miners into the record. Chairwoman Foxx. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Polis. I am entering this nice small one into the record, Madam Chair. Chairwoman Foxx. I was going to allude to that. I figured you would do that. Mr. Polis. I recognize that the record is better reflected for paper-sized pieces. I joined on a bipartisan basis with Representative David McKinley and Representative Frederica Wilson in cosponsoring the Miners Protection Act, H.R. 179. It would transfer balances from the Abandoned Mines Land Fund to a healthcare plan to cover coal miners whose employers filed for bankruptcy in the last several years. Frankly, if we fail to act on the Miners Protection Act by the end of April, miners who are not Medicare eligible, which is the vast majority, have been advised that they have the option of securing health insurance on the Affordable Care Exchange, but, as we know, the President and House leadership have vowed to repeal the Affordable Care Exchange, leaving the miners with no recourse. Miners have held up their end of the bargain, giving up higher pay for retiree health care down the road, and I would hope that we could find bipartisan support to honor that agreement and ensure that these coal miners do not lose retiree healthcare benefits that they earned. Moving on to the hearing before us, I want to thank the Chairwoman for yielding. We find ourselves again considering proposals that threaten to weaken the healthcare system that has insured over 20 million more Americans over the last 6 years. In my own State of Colorado alone, the number of people without insurance dropped in half, to 6.7 percent. For Colorado children, the uninsured rate is even lower, 2.5 percent. Well of course, the Affordable Care Act can be improved. Many of the proposals that I worry might come before us would weaken rather than strengthen health care in our country. There is a lot of progress, and I hope that my colleagues on both sides of the aisle agree we need to keep--I hope we can keep the fact insurers can have some lifetime coverage, and it is a good way of preventing medical bankruptcies and devastating families. I do not think we should charge women more just because of their gender. I do not think we should deny child coverage due to illness contracted at infancy. It is also important to keep mental health parity. That is an essential health benefit which has proven to lower costs in the long run. We need to move forward from that baseline rather than return to a time when basic healthcare services were not guaranteed. Frankly, my constituents are deeply worried about what the absence of a plan means for them. I have heard from people who use mental health services as well as mental health professionals. I have heard from LGBT advocates. I have heard from parents of children with terminal illnesses. I have heard from self-employed entrepreneurs with preexisting conditions. I have heard from young adults. Each story is unique, but the common thread is that without the ACA, they worry a lot about where we are going to be. Rolling back protections and coverage implemented in the ACA threatens the health and welfare of hundreds of thousands of Coloradoans and their families, millions of people across the country. Ms. Mitts, my home State of Colorado was one of the 31 States that expanded Medicaid as part of the Affordable Care Act. That law allowed about 350,000 Coloradoans to receive health care. If Congress were to eliminate the Medicaid expansion, our State is at risk of losing close to $2 billion in Federal Medicaid dollars that are absolutely essential to care for low- income residents in my State, and I do not know what the plan would be without that. I spoke to a community health center in a mountain community that stressed the importance of the program, and do not know how they can reach their patient population without it. Ms. Mitts, what do you foresee is the damage that weakening Medicaid would do to health insurance coverage for American families, and can you address proposals to block grant the program or institute per capita caps? Ms. Mitts. Thank you for your question. Repealing the Medicaid expansion, which basically was a lifeline for millions of lower income people who up until that point did not have any access to affordable coverage, would basically scale back immense progress and leave those people uninsured. In terms of proposals to block grant or per capita cap the Medicaid program, that translates to immense cuts to the program. They will leave states making hard decisions about rolling back the number of people enrolled in the program, cutting benefits, cutting provider rates. The bottom line is that in all of those scenarios, enrollees lose out, and their access to care is harmed. Mr. Polis. Thank you, Madam Chair. I yield back. Chairwoman Foxx. Thank you. Mr. Byrne, you are recognized for five minutes. Mr. Byrne. Thank you, Madam Chairman. Ms. Klausner, I really appreciate your testimony, but I have to admit, I am having a little deja vu listening to you. Back in the 1990s, I was a labor employment attorney representing small- and medium-sized businesses when Congress passed the Americans With Disabilities Act, a bipartisan bill. Everybody in America wants to see disabled people be successful in the workplace. Except when the law was passed, no one thought how that law was going to work with State and Workers' Comp laws, because some people become disabled because of a workplace injury. A few years later, Congress passed the Family Medical Leave Act, and no one thought how the Family Medical Leave Act would work with the Americans With Disabilities Act, would work with State and Workers' Comp laws. So instead of accomplishing our objective, we simply made things a lot more complicated and difficult for the goal that everybody wanted to get to, to actually be achieved. Now, here we are in the 2010s, and everyone wants wellness programs, except we get these regulations in 2013 that take us in one direction from the Secretary of Labor, HHS, Treasury, and in 2015, we get a conflicting regulation from the EEOC under ADA and GINA. I think you have alluded to that in your testimony. So, the goal we are trying to get to, which is to get wellness programs out in the workplace that are good for our American citizens and our workers, is impeded by the fact that we now have two competing regulations. So, I am sorry, I am having deja vu all over again, to quote Yogi Berra. Maybe we have the best of intentions, but by having these conflicts, we are making it more difficult to achieve the goal we are trying to achieve. We have a proposed law in front of us, the Preserving Employee Wellness Program Act. Tell me how in your judgment that would improve things. Tell me how that would improve things so we get to that goal. Ms. Klausner. Thank you for your question, Mr. Byrne. You're absolutely right, that the layering of the different laws and regulations has caused complexity and conflict, and ultimately a chilling effect on employers who are trying very hard to successfully design and implement wellness programs for their employees, as well as their families. What employers are finding is that the Affordable Care Act, which codified the HIPAA rules, allowed employers to have a great amount of flexibility while providing tremendous protection to the consumer, the employee, and his or her family. For example, it allowed the 30 percent rule to be one where the premiums or the incentives or the surcharges were done with respect to not only the self-only employee coverage, if that was the tier they were in, but also relative to family coverage. It also allowed there to be an increase for tobacco- related cessation programs, an additional 20 percent to bump up to 50 percent. When the Affordable Care Act rules were there, it was very exciting. However, when the Americans With Disabilities rules came in recently, it did not align with those ACA rules, those HIPAA rules. Suddenly, employers were stuck with a position of saying, well, how do I access/leverage that terrific 20 percent bump to encourage my employees and perhaps their families to stop smoking or to otherwise use tobacco products, which ultimately lead to claims? We're not suggesting that every tobacco user can stop, but to the extent that we can design programs that maximum the opportunities for people to take the initiative, take behavioral changes, to lower the risk that comes from tobacco use, we can no longer do that up to the 50 percent limit because of the Americans With Disabilities Act. GINA is another example. Employers would like to be able to have wellness programs in their workplace that are not only for employees and not only for their spouses, but also for their adult dependent children. The Affordable Care Act has been a very strong reason why employers now allow the children of their employees to stay on their plans up to age 26. Perhaps some employer plans had that before the Affordable Care Act, but not necessarily that many. The adult children who are up to age 26 may have valuable opportunities to learn from wellness programs. They may have an opportunity to understand their own biometrics, their own health risks, that they can then go to their doctors under their own plans and learn how to make choices to lower their own health risks that are preventable. However-- Mr. Byrne. My time is up, if you could make it real quick. Ms. Klausner. Absolutely. GINA does not really allow the wellness programs to be for dependent children, whereas they can be under the Affordable Care Act rules and the HIPAA rules. So, if we were to have complexity simplified, if we could make the rules better aligned, employers will have better opportunities to customize and create flexible programs so their employees and their families can have their most optimal performance, both in terms of their health and at the workplace. Mr. Byrne. Thank you for your testimony. Thank you, Madam Chairman. Chairwoman Foxx. You are quite welcome. Ms. Bonamici, you are recognized for five minutes. Ms. Bonamici. Thank you, Madam Chairwoman, and thank you to our witnesses for testifying today. I appreciate the objectives that are named in the title of this hearing, ``Improve healthcare coverage and provide lower costs for families.'' That sounds like the Affordable Care Act to me, and certainly the more than 2,600 people who showed up at a health care town hall meeting I had with our Senators recently share that sentiment. We have talked a lot about small businesses here today. Mike Roach is the owner of Paloma Clothing in Portland, Oregon. He said, ``I greatly benefited from the ACA during the years it has been in place, and I wish more of us had spoken up loudly so that the public, Congress, and the President had a better understanding of that.'' He said the ACA helped to slow the rising of insurance premiums for his small group of covered employees. In my home State of Oregon, nearly one in five individuals had no health insurance coverage before the ACA. I used to, years ago, do financial counseling at Legal Aid, and many of the people who came in thinking that they really needed to file bankruptcy were there because they had medical bills. They either had no insurance or inadequate insurance. Today, more than 95 percent of Oregonians are covered, including about 56,000 children, and low-income working adults in my district who benefit from the expansion of Medicaid. Ms. Mitts, Oregon has done a lot of innovative work to provide coordinated care while reducing costs. This is true not just in urban and suburban areas, but in rural areas as well. Our coordinated care organizations are doing amazing work with coordinating health care, mental health care, vision care, dental care, working with early childhood, and really seeing great results. So, I know you in response to Mr. Polis talked about the proposals such as block grants or per capita allotment and how that might affect those efforts. I wonder if you could talk a little bit about, geographically, how would this affect rural areas in terms of if there were block granting or per capita, how would it affect the rural communities where there are jobs there and increased access because of the Affordable Care Act? Ms. Mitts. Thank you for your question. In the world of per capita caps, there would likely be huge enrollment cuts or benefit cuts that would have a detrimental impact on rural communities' access. Rural communities have benefited immensely from the expansion of the Medicaid program, and you would see fewer people enrolled. You could see them losing benefits. You could see them having a harder time finding a provider because they have provider rates that they have to cut. The real challenge of it is that it really leaves states holding the bag, like Oregon, who want to do innovative things and who have had the resources to do those innovative things and make immense progress in improving care coordination and quality of life for people. They won't have the resources to pursue those types of innovative strategies to connect medical care to community-based services any more. Ms. Bonamici. Thank you. I know my constituents are extremely concerned about it. And Ms. Mitts, the ACA included, as we know, unprecedented new consumer protections for patients, such as eliminating annual and lifetime limits, preventing insurers from dropping people when they get sick, and charging women higher premiums. What will happen to these protections in Association Health Plans? Ms. Mitts. Under the bill put forth to you today, those Association Health Plans would no longer have to comply with so many of those rating protections that have been a huge benefit to many small businesses that before the Affordable Care Act actually had a really hard time finding affordable coverage for their employees because they employed employees who actually had healthcare needs, who were maybe older, and the market didn't work for them before. So, we would move back to a situation where we would have a segmented market, and people who are healthy and in pristine health could move into an Association Health Plan. I think the thing that is important to keep in mind is that doesn't mean that an Association Health Plan would always be there and work for that small employer. If their workforce got older, claims went up, they might find that an Association Health Plan charges them more, and it's not a viable option for them anymore. Ms. Bonamici. I know there have been some solvency concerns about some of the Association Health Plans. Can you address that? Ms. Mitts. Historically, there have been concerns about Association Health Plans not having adequate solvency funds. They have leaner, less rigid requirements than typical health insurance coverage. Partially, State oversight was added to that to help address some of these problems, the bigger problems for when they were just under ERISA. When a plan goes insolvent, an Association Health Plan goes insolvent, their employers and their workers are still left with all of those unpaid medical claims, and are on the hook for them. If the plans are not under State jurisdiction, they won't be able to benefit from State guaranty funds that help pay those claims, so they'll be left on the hook for them. Ms. Bonamici. Thank you. I see my time has expired. I yield back. Thank you, Madam Chair. Chairwoman Foxx. Thank you very much, Ms. Bonamici. Mr. Allen, you are recognized for five minutes. Mr. Allen. Thank you, Chairwoman. Thank you for being with us today. I think these hearings are good. I keep waiting for the magic formula that is going to fix this problem. We know health care is basically a disaster for most Americans. I get story after story of people who actually are not getting preventive health care, Ms. Klausner, because their deductibles are too high, so they cannot get medical attention. Now, the costs are going to go up because the next thing that is going to happen is they are going to be forced to have critical care. I agree with you that we spend about 25 percent, at least from what I researched, of every dollar on preventive care versus about 75 percent of every dollar on critical care. If we could just get that evened up, we would save huge sums of money. Now, I am going to ask this question on behalf of my wife. She is big in nutrition, and I have to confess, she stays on me all the time about some things I eat. I am also on the Committee of Agriculture. We have had hearings on nutrition. I just did some research, and I saw that the cost curve on nutrition and number of participants and the cost curve on Medicaid and the number of participants is on the same upward trend. In your studies, have you looked at the nutrition side and any types of savings we could generate, particularly in dealing with the rising healthcare costs? Ms. Klausner. Thank you very much for your question. I am glad to see that families are together involved in trying to create wellness among each member of the family. In terms of your absolute specific question, I would like to go back and look at our study and see whether or not we did, in fact, specifically look at the value of nutrition. What I can say is that the wellness programs are ones that really are sought to help individuals identify for themselves where they have issues that ultimately they can work on, as I said before, with their doctors individually, but the aggregate information gets collected in a way that can then help employers to make changes, not only with their employer- sponsored plans, but also with the whole culture of the workplace. So, if I were to look at your issue, not specifically yours, but the issue you raised in terms of nutrition, through health risk assessments we have learned that individuals might not actually know what food is causing their high blood pressure or what foods could lower their cholesterol, or how those different issues work together, or if they do have an illness, they have irritable bowel syndrome or Crohn's, how they can deal with it. Ultimately, that information will help them personally with their doctors to getting preventive care and maintenance care or to deal with the actual illness, but it also allows the employer at the aggregate level to recognize that perhaps they would change something in their workplace. Their cafeteria might have more fresh food. Their cafeteria might end up being set down the hall so it takes more steps to walk there. It all works together. So what I think is very important is that employers are looking to create an environment by utilizing these workplace wellness programs to improve the health of the employee and their family, as well as to create a productive workforce. Mr. Allen. Nutrition is a part of that program? Ms. Klausner. Absolutely, nutrition is a part of it. Mr. Allen. Mr. Ritchie, on self-insured programs, obviously the business community--I am involved in small business-- obviously, we are going to self-insurance because we are trying to stabilize costs, the cost increase. I believe you said that program is working fairly well, but if we could basically release it and make it more available, it might be an answer to the rising cost of health insurance. Mr. Ritchie. I would say self-insurance is not going to answer the rising cost of health insurance. You still have the underlying medical costs which were increasing at a phenomenal rate that the market is really struggling to keep up with. What self-insurance does is it doesn't allow them to double down. If you're a health insurer, you're going to take the increasing cost of medical insurance and, due to our new medical loss ratio law, get a profit percentage on the rising increase of that cost. So, you take it into a self-insured model and you're not paying the health insurer's profits on top of your rising costs. That's the value of self-insurance. You're taking it and you're controlling your own destination, and keeping it at a true cost basis. Mr. Allen. I yield back. Chairwoman Foxx. Thank you very much. Ms. Blunt Rochester, you are recognized for five minutes. Ms. Blunt Rochester. Thank you, Madam Chair and Ranking Member Scott. I would also like to thank the panel. First, I would like to ask unanimous consent to enter into the committee record a letter from Governor John Carney to Senator Ron Wyden dated February 22, 2017, to discuss the potential impact of the proposed Medicaid changes in the Affordable Care Act for my State of Delaware, as well as a letter from the National Association of Insurance Commissioners. Chairwoman Foxx. Without objection. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Blunt Rochester I would like to use my time to highlight a few concerns that I have about the House proposals to repeal the Affordable Care Act. First, I want to highlight for my colleagues two startling numbers. One is the fact that repealing the Medicaid expansion part of the ACA would eliminate 60,000 adult Delawareans from our health care rolls, and open us up to a $170 million hole in my State's budget. For some, that might not seem big, but Delaware is very small, so it could have a catastrophic impact. So, my first question is for Ms. Mitts. I really wanted to talk about the impact of Medicaid and whether or not a block grant versus a per capita cap is a viable option or a good solution, but you have already talked a lot about that. So one of the questions I did not hear answered was the fact that I think a lot of people have an impression of folks on Medicaid as single adults and families, but, Ms. Mitts, can you discuss the importance of Medicaid funding for long-term care for seniors and individuals with disabilities? Ms. Mitts. Thank you for your question. So, Medicaid has long been a lifeline for individuals who are elderly, who are dual eligible, who get Medicaid benefits, are low income, and Medicaid helps them afford the care they need. They also provide critical long-term supports and services, nursing home care for many older adults. Under a block grant or per capita cap situation, we're talking about in most proposals we have seen a 30 percent cut in the Medicaid budget. That's going to hit those highest cost patients in the Medicaid program. If a state is going to have to make cuts to their Medicaid program, they're going to have to make cuts there and really roll back coverage and care for some of the most vulnerable. Blunt Rochester Thank you. My second question is actually for Ms. Klausner. You mentioned that consistent policy is key for businesses. Can you tell us how you and other members are reacting to the inconsistent policy proposals, messages, timelines? There are just so many different competing things out there. I am just curious if you could talk about --and it is coming from the administration, it is coming from Republicans in the House and in the Senate, and also from governors. Can you talk a little bit about the impact of all this inconsistency? Ms. Klausner. Thank you for your question. Specifically, with regard to wellness programs, we are getting a lot of inconsistent information coming out of the different regulations. The impact of it is truly a chilling effect on employers being able to maximize reducing costs for employees and their families. We have employees that desperately need the information, and employers that need the information, so they can create things like disease management programs, ones where the health risk assessment identifies for an individual that they have either diabetes or are pre-diabetic, some who may not have already known it through either a glucose test or a biometric screening. Ultimately, we are able to then design plans on behalf of the employers so they could perhaps waive a co-pay for someone who has been identified as diabetic for maybe getting an eye exam or to get their insulin products. However, it is unclear as to whether or not these management programs that are there to benefit employees who are either at risk for health conditions or, in fact, have adverse health conditions--we are challenged to create those programs because there is uncertainty or lack of clarity as to where they stand under the Americans With Disabilities Act as opposed to under the Affordable Care Act. We would look to have more streamlined rules so we could maximize opportunities. Blunt Rochester Thank you. I do not have a lot of time left, and I would have loved to ask everybody this question because one of my big concerns is the fact that because of this inconsistency of messaging, even the markets, whether it is insurers, others, are really skittish, as we have said. So, I yield back the balance of my time. Thank you. Chairwoman Foxx. Thank you. Ms. Blunt Rochester, you can submit questions to the witnesses and then ask for them to be answered. Thank you. Mr. Rooney, you are recognized for five minutes. Mr. Rooney. Thank you, Chairman Foxx, Ranking Member Scott, and thank you to the panel. It has been very informative to me. I would like to ask Mr. Ritchie right quick, as an employer like you, I think we would agree--I agree with your comments about how successful self-insurance plans have been. We know very well self-insurance aligns human motivation with their money, something which some people do not seem to understand, and stop-loss is critical to allowing smaller companies to offer them. Would you just reiterate, just give us a little bit of your opinion about whether self-insurance might present an equally attractive option for public sector and multiemployer plans? I apologize if you already did this while I was out. Mr. Ritchie. Well, I would say, this is something I alluded to at the beginning of our testimony, for cities, local governments, and school districts, they represent 10 percent of my purchasers of stop-loss insurance. Taft-Hartley multiemployer plans represent 5 percent of it. So, they are a material utilizer of self-insurance and, therefore, stop-loss insurance when it makes sense for them. So, we've seen it as a huge opportunity and savings for those multiemployer plans. One thing we talked about earlier was the miners' associations, and if there is a fund established for them. What I think is critical and what self-insurance does is it would say that all those funds go to pay benefits, and it allows it to do that, where it is not going into the health insurance mechanism where there is a profit percentage on it. That's one thing that I think has been a little bit missed in this hearing so far. When we're talking about the Self- Insurance Protection Act, we are not talking about amending the Affordable Care Act. We are also just talking about protecting options for employers so they can finance the risk in an appropriate manner. That's all we are simply putting forth with this bill. Mr. Rooney. I would think with those low percentage market shares, there would be a lot of room to go up if the local government architecture supported it. Mr. Ritchie. I actually think the local districts are very much consumers. School districts are huge consumers of it. California School Districts have a large self-insurance program that they run through a broker in California. They have been utilizers of it. School districts usually tend to be around that 1,000 to 3,000 life market. That is in the absolute sweet spot for self-insurance with stop-loss coverage. I think that market is robust, it's vibrant, and as I alluded to also earlier, the employer market is not the market that's broke. It's working. Employers have an incentive to take care of their employees. Small employers are competing with large employers. Large employers are also competing with small employers to attract and retain talent. They want to offer a benefit that makes sense. If you're going to finance it, and you're going to ask me as an employer, I'm going to offer to pay for your coverage, I should have the right to know where the claims are going, to know what's happening with the spend, and then to customize my program to maximize that spend for the benefit of my employees. Mr. Rooney. Thank you very much. I have a little bit of time left. This is probably totally off message, but I am not a professional at this. This GINA law just takes the cake. I have to ask Ms. Klausner just a little bit about this GINA law. Just when you think you have seen it all with this Federal Government, you read about this thing. I kind of feel like it's turning the back on allowing someone to know medical history and turning the back on the science of gene knowledge. It is kind of like when the medieval people would sail out to Gibraltar, the Pillars of Hercules, and turn around because they were scared the Earth was flat. So, I would like to get your thoughts one more time about how we can make sure this law, which is concerning to me that it is on the books, can be stopped from preventing rewards and normal human incentives to make a wellness plan go well. Ms. Klausner. Thank you again for your questions. GINA is about genetic information, and genetic information is clearly something that is being utilized to improve the health of individuals. The science is developing. As the science develops, we want to make sure individuals have an opportunity to really understand it and use it for their own benefit. What we are finding is that the inconsistencies in these rules are putting a real pause on the ability to design these programs. So, just by way of example, if we want to design a program that complies with the ACA rules, that allows there to be an incentive for a spouse to ultimately understand his or her own genetic makeup, that incentive is counted under one set of calculations under HIPAA, a different set of calculations or not counted perhaps at all under the Americans With Disabilities Act, and counted again differently under GINA in terms of the 30 percent rule, the 50 percent rule, et cetera. So, we would like to see it to be streamlined so that we don't have to not do things that would acquire genetic information. When I say ``acquire,'' they acquire on behalf of themselves and utilize at the risk of then saying, well, we wouldn't do another program, perhaps tobacco cessation or disease management program. Mr. Rooney. Thank you very much. Thank you, Ms. Foxx. Chairwoman Foxx. Thank you, Mr. Rooney. Ms. Davis, you are recognized for five minutes. Mrs. Davis. Thank you. Thank you, Madam Chair, and thank you all for being with us today. I wanted to just go back to where we had been in terms of the discussions about flexibility and choice, because I think that is something we all feel is important, and yet we also know how that is developed has something to do with cost, and whether or not small businesses feel they can save money or any businesses, really, or any State for that matter. We want to be sure that if you lower the cost, you do not lower the quality of the care that is given. So, could you share with me, do you support legislation that allows insurers to roll back consumer protections and benefits from the ACA? Are you in favor of legislation that would do that? To roll back that legislation? A simple yes or no is fine. Ms. Klausner. I think the answer to the question is that all of us in America would like to make sure that there are appropriate consumer protections in place. Ms. Mitts. Our answer is simply no, we don't want to see the consumer protections that are in place right now rolled back in the health insurance industry. Mr. Ritchie. I think what we're talking about with the self-insurance is simply keeping choices alive, keeping choices to finance that risk however you wish to do it. You're correct, how you build this will be very critical. One thing that has happened with the Affordable Care Act is we haven't seen costs controlled. You've seen expenses. Just like you talked about, just because you pay $100 for a doctor visit and someone pays $200 for a doctor visit, it doesn't mean there's a difference in the quality of that doctor visit. We should incentivize and give employers the ability to say I want to build an incentive around getting the right providers with the right quality of choice. Mr. Hurst. Congresswoman, I believe what we're talking about, what I'm talking about, is empowering consumers to make some of these decisions on their own and, frankly, allowing insurers to make some of these decisions and work on behalf of the consumer rather than working on behalf of the provider. If we dictate too much, ``we'' being government, dictate exactly what those plans have to look like, we're empowering the provider. We're not empowering the consumer. So, if we can let consumers decide really what type of plan they want, what they need, and what they can afford, that is better for everybody. Mrs. Davis. Thank you. That sort of goes to one of the issues that has certainly been before a lot of us, and just talking about the protections in terms of what is available to people. Do you support maintaining direct access to OB/GYN care, and continuing the ban on gender rating? Would you support maintaining direct access to OB/GYN? Ms. Klausner. I am here today testifying on behalf of the American Benefits Council and all its members. I have not surveyed them for the answer to that question, but I would imagine most would support that kind of access. Mrs. Davis. And the ban on gender rating? Ms. Klausner. It is not something that I've had a conversation with our members on. Ms. Mitts. Yes, we strongly support maintaining those protections. They've been essential for making sure that coverage is affordable for women and they actually can access the care they need. Mr. Ritchie. I'd like to go directly to the gender rating question. One thing I want to point out is under the Health Insurance Affordability Act, employers are not allowed to differentiate between a male employee or a female employee, or on age. A 21-year-old male pays the same thing as a 59-year-old female under the employer plan. They have to be treated the exact same. So, we've been under this rule for years. What you guys do in the individual market is what you guys choose to do, but the employer market has been doing it, and we have been doing it well. Mrs. Davis. It sounds like the employer market is basically alive and well, with some modifications. Mr. Hurst? Mr. Hurst. Congresswoman, you know what, I think reasonable people can sit down and talk about what coverages we need to maintain and what ones we need to give to the consumer, but some of them go overboard, particularly some of the State mandates. In Massachusetts, we have a requirement for in vitro fertilization. I'm a 57-year-old male and my wife is the same age. Frankly, we don't need that coverage. We don't want that coverage. Many people in Massachusetts can't afford that coverage, yet we have to provide it because we're fully insured, yet if we were self-insured, we wouldn't have to cover it. And, frankly, most self-insureds do not, in fact, cover that mandate. Mrs. Davis. Mr. Hurst, just in terms of maternity coverage and access to women's preventative services, is that something that should be part of all plans? Mr. Hurst. I believe so, yes. Mrs. Davis. Anybody disagree with that, maternity coverage? Mr. Ritchie. I won't disagree with maternity coverage, but I will disagree with the fact that plans don't cover in vitro and don't cover those additional services. They absolutely do. It's the employer's choice if they want to cover it or not, and they'll do it over the population and the cost will be spread over the population. Yes, I have quite a few plans-- Mrs. Davis. I am going to run out of time. I am sorry, sir. Preventative health services, is that something that should be part of the plans, generally? Does anybody disagree with preventative health services? Ms. Mitts. I'll speak to it. Thank you for the question. I mean, preventive services with no cost-sharing has expanded access to timely care for millions of people and help them do early identification, so we strongly support it being maintained. Chairwoman Foxx. The gentlewoman's time has expired. Mrs. Davis. Thank you. Chairwoman Foxx. Ms. Stefanik, you are recognized for five minutes. Ms. Stefanik. Thank you, Madam Chair. When I travel across my district speaking with families and businesses, one of the most frequent concerns I hear about are related to their struggles with health care. The Affordable Care Act has not been affordable. Premiums for families have skyrocketed and continue to climb. Average ACA premiums in New York alone rose by 16 percent last year, and deductibles have risen for many to a point where it does not even feel like they have insurance. These concerns mirror my own personal experience with the ACA. Coming from a small business family, I watched in 2013 as our employer insurance plan was canceled due to this law. This was in spite of the often-repeated falsehood that if you like your plan, you can keep it. What we got was a higher cost plan with lesser coverage. ObamaCare is not working, and we must find a way for better options, more affordable options for health care. It would be irresponsible if lawmakers did nothing, while taxes and onerous mandates crush small businesses and families across this country and across my district. Businesses such as Old Forge Hardware, which has been in existence since 1900 in the Adirondacks, will now be forced to stop offering their employees health coverage due to rate increases. As the owner of Old Forge Hardware stated herself, ``If you want to see small towns in the Adirondacks disappear, then keep raising health insurance rates. There will be no small businesses left.'' This is not the future I want to see in my district. This company employs 15 people year-round, and they treat their employees like family. Having to stop offering health insurance is a painful decision that is made out of necessity and not out of choices. Fortunately, I am excited about solutions that we proposed to these problems. One of those is H.R. 1101, the Small Business Health Fairness Act, which would allow small businesses, like Old Forge Hardware, to join together through Association Health Plans. My question is for Mr. Hurst. In your experience and in your opinion, can you discuss how Association Health Plans protect access to care for those employees who may suffer from rare or expensive diseases or medical conditions? Mr. Hurst. Absolutely, Congresswoman. In Massachusetts, I should recognize that we are a fully insured Association Health Plan. We are not self-insured. What this legislation could do is give us more flexibility to be self-insured. We follow all the State mandates. We do not discriminate amongst our members. What we look to do is to make sure the margins are not taken off the backs of our small businesses. We look at following the law. We do follow the law. We do not discriminate against our members that are really just for equality and nondiscrimination under the law. Look, as long as the essential benefits package is there, no one is going to be ignoring the law, no one is going to be walking away from important mandates that everybody should and can have. Ms. Stefanik. My second question is also for you, Mr. Hurst. In your testimony, you state that small businesses should have the same marketplace rights to obtain comparable coverage at comparable rates as those that work for big businesses and the government. I think all here today would agree with that statement, and some would also argue that all businesses, both large and small, should face the same consumer protection requirements. How would self-funded Association Health Plans be any different than their large business competitors in terms of consumer protection? Mr. Hurst. Absolutely the same. You know, 60 percent of the marketplace in Massachusetts is self-funded and growing. You know, to a large extent, the train is already leaving the station on this. Smaller and smaller businesses are self- funding on their own, or they're doing it through third parties. They are even looking at other options, such as professional employment organizations. Not all these options are the great option for these small businesses. It works for some, not for others. This legislation is overdue by years. We need this because this is how small businesses and their employees want to buy health insurance, and it is how they can collectively make decisions and better their own employment base. Ms. Stefanik. Thank you. My time is about to expire. I yield back. Chairwoman Foxx. Thank you very much. Ms. Adams, you are recognized for five minutes. Ms. Adams. Thank you, Madam Chair, and Ranking Member Scott, thank all of you for your testimony today. The Association of University Centers on Disabilities, the National Disabilities Rights Network, and the National Association of Councils on Developmental Disabilities all advocate for and provide hundreds of thousands of clinical services and home and community-based supports to people with disabilities and their families. These organizations are concerned with the Preserving Employee Wellness Program Act as it would bypass certain protections within the ADA, which could result in workplace discrimination based on health status. The legislation would allow employers to penalize workers for not providing medical and genetic information, which could also leave them vulnerable to discrimination. So, without oversight by EEOC, it sets a dangerous precedent, that health plans can be exempted from civil rights status. Ms. Mitts, are you concerned about how this legislation could impact people with disabilities? Ms. Mitts. Thank you for your question. Yes. I think one of our primary concerns is that wellness program incentives are being potentially used in ways to shift costs to workers with disabilities who have higher needs, increasing their premiums, increasing their deductibles. I think something that's been lost in this discussion so far is that right now employers can design consumer-friendly wellness programs that offer services, offer disease management programs, even offer health screenings to their employees, without putting their premiums and their access to coverage on the line. They do not need to use these types of discriminatory incentives that are problematic and undercut the ADA. In fact, what research shows is that programs that offer disease management, lifestyle management services, and health screening services that are really comprehensive, they get a high participation rate without any incentives at all. The research actually done by RAND questioned whether employer enthusiasm for incentives was warranted or whether building just a robust program that actually offered services to their employees was the better route. Ms. Adams. Yes, ma'am. Thank you. The Republicans' leaked legislative draft includes placing those with health issues into high-risk pools. So, can you explain what this will do to individuals' insurance premiums, and how it is different from our current structure in ACA? Ms. Mitts. Well, high-risk pools are an old idea, and they did not work for States before the Affordable Care Act. They covered a fraction of the people with preexisting conditions who are covered now under the ACA. There's about 52 million people in our country who without the ACA could be denied coverage because they have a preexisting condition. Prior to the ACA, high-risk pools covered less than 500,000 people in total. On top of that, they had premiums 1.5 to 2 times the rate of healthy people. The premiums were unaffordable for many people, and oftentimes this coverage had waiting periods. They had to wait before their coverage kicked in. There were lifetime caps, so if someone was really sick, they literally could be left with no coverage after they hit that lifetime cap, and sometimes the high-risk pool would literally exclude coverage for certain preexisting conditions for a certain number of months, leaving coverage useless at that point. It was also expensive for States to operate. At the end of the day, it just is no replacement for the lifetime guarantee that people have right now, that they are guaranteed affordable coverage regardless of their preexisting condition. Ms. Adams. Thank you. Finally, I want to hit on the overall impact that the Republicans' plan will have on patients versus what is offered in ACA. Of course, in my district my constituents are asking that we preserve and strengthen the ACA. You spoke about this as well. Can you just give a brief overview of what this Republican plan would mean for patients and workers, particularly with regard to cost? Ms. Mitts. You know, we have looked at a number of replacement plans and proposals, and really they would increase costs for millions of Americans. Many people would just simply go uninsured because coverage would be unaffordable. It would scale back incredibly important financial assistance for private coverage for lower- and middle-income people, and it would often leave people in bare bone coverage with even higher deductibles, leaving them unable to afford care. Ms. Adams. Thank you very much. I am out of time. Madam Chair, thank you. I yield back. Chairwoman Foxx. Thank you very much, Ms. Adams. Mr. Guthrie, you are recognized for five minutes. Mr. Guthrie. Thank you very much. This hearing is not on Medicaid, but I want to take a few seconds because we talked about Medicaid earlier. Medicaid expansion, if you let it go as it is, it doubles over the next 10 years. It is just unsustainable. So, just to say we cannot do anything to Medicaid is just not addressing reality, unless you are here to offer or somebody is here to offer a broad-based taxing everybody in massive numbers to meet the growing costs. I do not think anybody is offering that. I guess they are just not wanting to address it. Per capita caps. Every U.S. Senator that is in the Senate today, Patty Murray, a lot of them, Dick Durbin, who were in the U.S. Senate in the Clinton years, signed a letter to President Clinton to say they supported a per capita cap. It is not a radical issue. It could be bipartisan if people chose to work together. Governors want flexibility. We had a previous governor of Kentucky last night talk about how great the expansion was, 100 percent Federal money. Our current governor is trying to come up with $100- to $200 million to make it work now. So, it is not just easy to deal with, and it is something we have to deal with and move forward. I want to get to the bills before us today. Mr. Ritchie, how big or small is the self-funded health benefit market and how many employers are enrolled in plans that are self-insured and how many of those plans also carry stop-loss coverage? Mr. Ritchie. If you look at the self-funded market in terms of stop-loss coverage, we estimate that market to be somewhere between $12- to $14 billion. We consider ourselves one of the largest providers, and we are roughly at $1 billion, so it is about a 7 percent market share, which shows that it's a pretty competitive market. There is no one dominant carrier in the market, and there is no one person that holds all the market share. When we look at the total population that is self-funded, I would refer back to the Kaiser Family Foundation study. They do an annual study every year. It's a fantastic study. What it says is that 61 percent of all people who get their coverage through their employer get it through a self-funded plan. We could further break that down and say if those employers are over 200 lives, that number jumps to 82 percent. If it is below 200 lives, that number drops to about 13 percent. So, obviously in the smallest markets, self-insurance is not that great of an option, not as popular as it is in the large employer market, but in the large employer market, it is very popular, self-insurance. Mr. Guthrie. Stop-loss? Mr. Ritchie. Yes, it's stop-loss. Let's go to who buys stop-loss. That is generally going to be an employer somewhere between the 50 to about 5,000 life range. I don't have the stats for you on how many employers are in that number. I personally insure 3,000 of them. What we see is once you get about 5,000 lives, claims become pretty predictable and, therefore, there is no reason to even purchase stop-loss insurance anymore. You don't need that risk transfer mechanism. Who does need that risk transfer mechanism are those as you get smaller, so the smaller an employer gets, the more risk transfer they need to support their self-funded plan. Now, that deductible is going to range over size and what kind of risk they have. I will sell a spec down to $20,000, but my average spec is $140,000. We generally try to price the coverage to where we only have somewhere between one to three claims in a year. So, what we're trying to do with the Self-Insurance Protection Act, obviously, health insurance pays every claim. You're using it to finance your medical costs. With stop-loss coverage, it's obviously not health insurance coverage, because if I'm only expecting even over 1,000 lives, I have three claims a year that hit me, that's obviously not health insurance. Mr. Guthrie. Is self-insurance coverage skimpier, skimpier than fully insured coverage? Mr. Ritchie. Only if you believe the largest employers in America are not offering competitive benefits. It is not skimpier. It is still subject to all the employer requirements of the Affordable Care Act. It doesn't get you out of those benefits or out of those responsibilities. It simply is a financing mechanism. Mr. Guthrie. In my last minute, I want to go to Mr. Hurst. Mr. Hurst, critics of Association Health Plans often say that the creation of national Association Health Plans result in cherry-picking. They mean the insurance market will segregate into two groups: one that is younger and healthier, and one that is older and sicker. Based on your experience in Massachusetts with your own versions of AHPs, under state law, do you believe this will be the result, and how does the Small Business Fairness Act react to this? Mr. Hurst. Well, number one, Congressman, it's illegal under our law. It would be illegal under this bill. Number two, associations, chambers of commerce, professional societies, they aren't in the business of discriminating against their members. Their members run the association. They join for the benefits. Number three and most importantly, these employees of small businesses, they are a slice of society. They're no more sick, no more healthy, no more older or younger than the rest of society out there. They're a cross section of society, yet they are being charged too much for the health insurance because they're discriminated against. Mr. Guthrie. Thank you. Perfect timing. I yield back my zero time. Chairwoman Foxx. Very good, Mr. Guthrie. Mr. Espaillat, you are recognized for five minutes. Mr. Espaillat. Thank you, Madam Chair, Ranking Member Scott. Just for the record, Madam Chair, I would like to state that if the Affordable Care Act is repealed, a hole of $3 billion will be in New York State's budget, 2.7 million New Yorkers will lose their coverage, including 218,000 New Yorkers in New York County, Manhattan, and 300,000 New Yorkers in Bronx County, where my district is. Within the 15th Congressional District, a total of 120,000 people would lose some level of Medicaid or Medicaid coverage, and 34,000 people will lose their basic healthcare plan. It will impact dramatically hospitals like New York-Presbyterian Hospital, Mount Sinai Hospital, Harlem Hospital, North General, and Montefiore in the Bronx. My question is for Mr. Hurst. I think you can agree that there are strong consumer protections under the Affordable Care Act, like no annual or lifetime caps on health care, and guaranteed access to those with preexisting conditions, that have benefited millions. You mentioned this proposal gives small businesses flexibility, but it seems like this flexibility could avoid conforming to strong consumer protections. It is not clear which ACA consumer protections the majority seeks to repeal. Coupled with this proposal, is this not inviting a race to the bottom for quality of coverage? Mr. Hurst. Thank you, Congressman. I don't believe so at all. Look, small businesses reflect society. Small businesses compete every day for employees. You're talking about the coverage for themselves and their families. They want good coverage. They want affordable coverage. You know, I'm one that believes that personal responsibility is important, and I'm not particularly opposed to a mandate requiring people to buy health insurance, but the question is what is in that insurance? Can we empower the consumer to make some of the decisions on their own or is government-- Mr. Espaillat. Your plan promotes a somewhat reduction in coverage, does it not? You mentioned there are certain benefits, certain parts of the plan that are not really necessary. Does not your proposal promote a reduction in the level of coverage? Mr. Hurst. Congressman, the only thing that would potentially be reduced, and it would be up to the collaboration of small businesses, is whether or not you follow a lot of these State mandates. I mentioned earlier Massachusetts has passed an incredible whopping 19 state mandates over the last 10 years, since RomneyCare was passed. That's two per year. These are lobbied by big health care providers, people that are looking for higher utilization, and, most importantly, to raise their prices. What we need to look at is empowering the consumer, not the provider. Mr. Espaillat. You mentioned a particular service that as a 57-year-old, you and your wife were not interested in. Are there other healthcare services/benefits that you can see prudent to be reduced or eliminated? Mr. Hurst. Well, you know, the State of Maine has what they call ``mandates to offer.'' What they do is almost like your auto insurance and your homeowner insurance, there are certain mandates that they leave it up to the consumer to decide, yes, this is a coverage that I want, my family wants, at a certain price, and here are others I don't want. You're empowering the consumer instead of government telling them or the insurer telling them-- Mr. Espaillat. Is that not the essence of health care, that although I am not a diabetic, maybe there is no diabetes history in my family, I could very well at some point in my life become a diabetic. If I do not have that coverage in my health insurance, is that not the problem if I run into a catastrophic disease that will take up a lot of money and just wipe me out, take my home, my car, my savings? Is that not really the problem, that we have to be prepared for those types of illnesses? Mr. Hurst. Well, I think with the essential benefit package under the ACA, everyone will continue to follow that, however this turns out. What we are primarily talking about are a lot of other State-mandated benefits that are designed to benefit the provider and, frankly, cause unfair cost subsidies from one consumer's pocket to somebody else's, and that's not particularly fair. There comes a level you have to ask yourself, is this really insurance or is this almost a tax, a borderline tax, when you're asking people to buy insurance that they don't want, they will never use, and they can't afford. Mr. Espaillat. Thank you, Madam Chair. I think I have run out of time. Chairwoman Foxx. Thank you very much. Dr. Roe, you are recognized for five minutes. Mr. Roe. Thank you, Madam Chairman, I appreciate that. First of all, I want to get to a bill I had last year, the Self-Insurance Protection Act. Basically what it said was the Federal regulators cannot redefine ``stop-loss insurance'' as traditional health insurance, preserving the option for self- funding. The reason I am familiar with it, before I came here, I was a city commissioner and mayor of my local community, Johnson City, Tennessee. We had about 2,000 employees in our self- insurance plan. It worked wonderful. We designed wellness programs to help lower costs, and we did that. We kept the premiums flat. We put in various things to help control our costs. It is a great way to do it. Mr. Hurst, I could not agree more with you. If you allowed an Association Health Plan and a self-insurance program, where you could combine these even across State lines, I think you could really lower costs. People are very innovative when they are spending their own money. You are correct, Mr. Ritchie, you do take out that chunk that the insurance company keeps as profit, and you manage that and keep it in your benefit package, or you can provide it as salaries. Let me just say quickly that the Affordable Care Act said it wanted to lower costs and increase access. Who could disagree with that? What happened is exactly what happened in our State of Tennessee 20 years ago when we expanded Medicaid called ``TennCare.'' What happened was I could have done two-thirds to three- fourths of what the Affordable Care Act did in two paragraphs. One, allow 26-year-olds to stay on their parents' plan; and, two, expand Medicaid, which is a plan that not a lot of providers, especially providers where I practiced medicine--we cannot get somebody to see somebody for the reimbursement they get. We added 10 or 11 million people. What has happened on the ACA side in my state is there was a 62 percent increase in premiums this year. In a third of the counties in my district, there are no providers. Knoxville, which is the third largest city in my state, has no provider on the ACA Exchange. Let me just point out a couple of things. When government dictates, as Mr. Hurst said, what you buy, what happens? The State of Oregon, which was mentioned a moment ago, their exchange went belly up and they spent tens of millions of dollars that could have gone to health care. Right here in the District of Columbia where we are, $134 million in grants to sign up 10,630 people, it cost $12,600 per person to sign somebody up for insurance. How ridiculous is that? In Hawaii, it gets even better. Their exchange went belly up and it cost $25,000. They got $205 million in grants that I could have used to take care of pregnant women, provide women's health care, to sign up 8,100 people. That is how this was when the government got involved. Let me just go over this very quickly, Madam Chairman. This is not what is in the Republican plan. I want to make this very clear. The insurance regulations and mandates, coverage for preexisting conditions, under reconciliation that we passed in 2015, stays. They are guaranteed issue, no preexisting condition exclusions; no health status underwriting, in other words, charging sick people more; allowing kids to stay on until age 26; ban on lifetime or annual limits; preventive care coverage; and gender rating. That all stays. Closing the Medicare doughnut hole, that stays under reconciliation. Unfortunately, the IPAB also stays. That should go. I would encourage my colleagues on the other side of the aisle to help us get rid of that. It is not a matter, as Mr. Guthrie was saying, of us not doing something. We have to do something to repair this. It cannot continue the way it is. You have small business people where I have seen their premiums triple, individuals in small business, in the last 2 years. Certainly, if you are getting a subsidy in my state, which 200,000 people do, 160,000 people in my state of Tennessee decided to pay the tax, the penalty, or fee, or whatever Judge Roberts wanted to call it, because they could not afford the coverage. In the hospital where I practiced, 60 to 70 percent of the uncollectible debt in that hospital were people with insurance, and to keep quotes affordable, they raise the out-of-pockets and co-pays so high that folks where I live in rural Appalachia cannot pay it. It is not fair to them. We have to change it. Mr. Ritchie, I want your comment on my bill before I run out of time. Mr. Ritchie. First of all, I want to personally thank you for supporting this bill for as long as you have. Your experience with Johnson City is the experience that we see from most of our policyholders. Once somebody is under a plan, they don't want to go back to health insurance. They don't want to relinquish control. They don't want to pay more just so they have the right to offset some of the risk transfer. They can do that through other mechanisms, i.e., a company like mine, purchasing stop- loss coverage. From the Self-Insurance Institute of America, we proudly support the Self-Insurance Protection Act. We think it's vital. We think it's critical to maintaining choice and options for employers on how they finance their risk. Mr. Roe. Madam Chairman, just indulge me for 10 seconds. We bought when I was on the commission five policies at quarter of a million. We could fund that. That is what people used that for, and I think more companies are going to go to that. I think it is a wonderful model. Two-thirds almost of all people get their self-insurance now. Thanks for indulging me. I yield back. Chairwoman Foxx. Mr. Scott, you are recognized for five minutes. Mr. Scott. Thank you, Madam Chair. Mr. Ritchie, you mentioned that some doctors charge $100, some $200 for essentially the same quality service. Is there any reason the self-insured cannot restrict the doctor panel just like insurance companies have preferred providers? Mr. Ritchie. Actually, no, the self-insurance plan can't restrict that. Mr. Scott. It cannot? Mr. Ritchie. It cannot, because how do you know what the doctor is going to cost before you go? In the environment we work in, you don't know what the cost is until you go have the service, get it repriced through the network, then you get to find out what your cost is. If you ask for what the cash price is, you're going to get one number. If you ask for what your insurance price is, you're going to get a different number. The ability to restrict it, the data's not there to do that. Mr. Scott. Is there any reason that you could not limit the doctor access, like an insurance company has a preferred provider network? Mr. Ritchie. An employer could design a program that was in-network only, no out-of-network benefits, but there's not an employer out there who's offering that today because it simply is not effective to retain employees. If you're an employee, you're going to go that's not good coverage and I'll go down the street and work somewhere else. Mr. Scott. Mr. Hurst, on the maternity care, I was a little confused as to whether you supported maternity care being an essential benefit covered at the standard rate for everybody. Mr. Hurst. Personally, I believe there are certain things that should be in everybody's health insurance policy, preventative care, hospitalization, maternity care for women, young women particularly. Absolutely. Mr. Scott. Everybody pays the standard rate, including women at the same rate, and they get maternity care, men would be paying the same rate whether they need that service or not? The alternative is if it is an optional care, then essentially the only people who would buy it are those who need it, and you are essentially paying it out of your pocket. Mr. Hurst. I believe that reasonable people can sit down and decide what is it that your average family is going to need over a period of time. There are certain coverages, yes, all of us want, at a certain stage in our life, all of us need. To make them pay and buy services that they'll never use and don't want and can't afford, that's what I'm talking about. That's where we need to empower the consumer to make the decision, not government and not the provider. Mr. Scott. You would count maternity care as an essential benefit that everybody ought to have to pay for, whether they intend to use it or not? Mr. Hurst. I believe that should be part of a package. Mr. Scott. Now, it is easy to see how Association Health Plans would be beneficial for those that can get into an association plan. Is it possible to underwrite and carve out a healthier group than average? Mr. Hurst. Number one, it would be illegal, and, number two-- Mr. Scott. If you had a group of, say, gym trainers, you know they are all healthy, and that is your group, is that illegal? Mr. Hurst. I'm sorry, Congressman. What group again? Mr. Scott. Gym trainers. Mr. Hurst. Well, you know, I think if there is an association out there representing them and they want to get together, you know, I've seen gym trainers that are 60 years old and I've seen them that are 20 years old. Mr. Scott. The reason Association Health Plans always work is if you have a group, whatever the group is, if they do not cost less than average, if the bids come in above the average cost, the association will not form, because nobody wants to join the group where the costs are going to be above average. They can go in the normal route and get insurance. They will always work because you pull out a group of healthy people, which necessarily means that everybody else has to pay more because the insurance pool just got a little more expensive. Is that not right? Mr. Hurst. Well, I think you're assuming that small businesses actually have higher based on age or health status, which they do not. My members, my 4,000 members, they look just like employees of big government and big businesses, yet they are discriminated against under the law. Mr. Scott. What happens when somebody gets sick and it goes above average? Are all the association members required to renew at an above average price when they can get insurance cheaper in the marketplace? Mr. Hurst. You know, in our association plan, we have rules that you cannot leave and then come back. If you leave, you cannot come back for three years. There are certain rules that you have to establish to make sure that this plan is going to be sustainable. Mr. Scott. But if it gets above average and everybody bails, what happens? Mr. Hurst. Well, I don't know that's going to happen in very many instances because what we're talking about here is taking the margins out. We're talking about groups of small businesses and their employees that, frankly, are unfairly cross-subsidizing other people, that they have become the margins from the insurers and on behalf of the providers unfairly so. Mr. Scott. Madam Chair, that is exactly the point, they cross-subsidize everybody. You have a group out that is cheaper to insure than everybody else by whatever mechanism you have formed the group, and it is cheaper, until they get sick, then everybody bails and they got back into the normal plan. So, it will always work for those that can get into that group, but if you cannot get into the group, everybody else will pay exactly more. It is a zero-sum game. Chairwoman Foxx. Yes, Mr. Hurst? Mr. Hurst. I guess my only response to that is why then do we allow Big Government to do this, and allow Big Business to do this, because they could do the very same thing. We're just discriminating against Main Street businesses. Chairwoman Foxx. Thank you, Mr. Hurst. Mr. Grothman, you are recognized for five minutes. Mr. Grothman. Thank you. Mr. Ritchie, but maybe Ms. Klausner wants to weigh in as well, at what point do you think it is appropriate for a business to self-insure? How many employees? Mr. Ritchie. We generally like to see them around 50 employees, but that doesn't mean it doesn't work to go even lower than that. Mr. Grothman. You said 50? Mr. Ritchie. Fifty employee lives. That's obviously with dependents and it's going to be a larger group. That's what we generally like to see, but that doesn't mean there's not a unique group that could be lower than that. I would say, you know, a 50-life law firm is very different than a 50-life retail operation in terms of the amount of cash, how they understand risk, and how they process that. So, it does vary over time, but that's what we're talking about, giving them the option to do it. There's also large employers who don't self-fund, so they have chosen they don't want to manage the plan. They want to hand it off to a health insurer and just be done with it. That's fine. It's a matter of choice. It's not a matter of what's right for everybody. It's a matter of what's right for this one individual situation. Mr. Grothman. Ms. Klausner, do you agree with that 50 number? Ms. Klausner. I don't have a number that I have in my mind. What I know is that employers of all sizes will evaluate whether or not self-insurance or fully insured is appropriate. The numbers are looked at with the totality of their compensation, their awards, how they want to allocate their resources, and allocate the dollars. Whether or not they can connect them back to wellness programs, some employers find that wellness programs are better aligned if ultimately they are in a self-insurance environment. Others can find services and products where the fully insured environment connects them to wellness programs, again, primarily designed to lower the costs. Mr. Grothman. Just a comment on Congressman Scott's gym instructor thing. It just seems to me subjectively that when I see people walking around with a cast or whatever, a lot of times they hurt themselves in the gym. I am not sure that necessarily means you are spending less. The next question I have, it kind of surprises me in the market that more providers or kinds of groups of providers do not get together and offer their own insurance. If you give them a capitated rate, the incentive they have to do less rather than right now on a fee-for-service thing do more, would cause health insurance costs to drop precipitously. Why does this not happen more? I guess I will start with Ms. Klausner. Do you see what I am saying? I cannot think of what we have here--well, you are from New Jersey. I am sure in New Jersey, there are, just like in Wisconsin, groups of hospitals and clinics, and right now, the financial incentive is always more tests, sometimes even surgery. But if you said I have a life here, you know, I am going to go to whatever, Liberty Health Care, whatever, why does that type of arrangement not spring up more? Ms. Klausner. I'm not confident I can answer the exact question as to why that arrangement doesn't spring up. I think what employers are trying to do right now, working with their service providers, is specifically to find ways so that employees make those right choices, so there are other avenues of innovation. Mr. Grothman. You see what I am saying? Why cannot you as a business go--maybe there are legal restrictions. I do not know why you cannot go to say Liberty Health, and I do not know if there is such a thing called Liberty Health, and your hospitals and your clinics, and say here, I have 60 lives in my store, I realize they are going to have some separate coverage, people on vacation or something, but I have 60 lives in my company, how much will it cost for you to take those 60 lives, and then you take the risk. Why does that not spring up more? It seems to me if that sprung up, you would have massive savings. Ms. Klausner. I'm sure there are a host of reasons as to why it hasn't sprung up. However, I think what we can do, on behalf of the American Benefits Council, is to-- Mr. Grothman. Does anybody have any comments on this? Is there any doubt that one of the reasons healthcare costs are spiraling is right now the medical community had financial incentives to do more, right? More surgeries, more tests. You would have to be blind not to see it. If you went to a medical provider and said I will give you $8,000 or $10,000 per life, incentives would go the other way. Why does this not happen? Mr. Ritchie. Actually, I would say in the employer market what we are seeing today, and it's one of the new innovations that happens through self-insurance, is we are seeing employers--let's say I'm a South Georgia employer. I have one hospital system and all my employees are within a 20-mile radius of that hospital system. Well, they're not going to the hospital system and saying you provide all my services. They are direct contracting with them and saying instead of me going through a PPO network or through a health insurer, all my people are here, you're going to provide 80 percent of the care that we're going to get, I'm just going to get a contract directly with you. It's happening. It's going on today. But now, like I said, it's only 80 percent. There are services that won't be services. If you've got a specialty transplant network, South Georgia may not have the facilities to offer the transplant. You may have to go to a Mayo Clinic, you may have to go somewhere else for that service. Mr. Grothman. One more question. Chairwoman Foxx. Your time has expired, Mr. Grothman. Thank you. Mr. Smucker? Mr. Smucker. Thank you, Madam Chair. Talking about self- insurance, I would just like to follow up on some of the questions. I was a small business owner. We employed about 150. We had fully funded. Then we had self-insured with the stop gap. Our experience with self-insured was that over time, obviously, you can have bad years where it would cost more than a fully funded, but over time, we saw dramatically decreased costs while we thought it was providing even better care for the employees because of the attention everyone in our group paid to not only receiving quality care, but also to controlling those costs. My question is--one other point before I get to the question. I have had a lot of discussions with businesses in regards to the impact of the ACA, in regards to the impact of increased health insurance costs. One of the things I have noted is that businesses over the past few years who were self- insured did not see some of the dramatic increases. Again, as I said earlier, it may vary year to year. I guess my question is do we have any data to that point? In general, overall, do we see cost savings just by the fact that businesses are self-insured? If we do, I think it is because we are doing the wellness programs, we are doing the education with employees, everyone is working to reduce costs. What data is out there in that regard? Mr. Ritchie? Mr. Ritchie. There is no mass aggregator of data between health insurance and self-funded and cost analysis. We are truly--I would argue that the self-funded employer is experiencing the same cost increases, but they are financing it. Your analysis was that over time it was cheaper, and I agree with that, because over a three- to five-year period, we see that self-insurance is generally cheaper than health insurance. Now, on a year-to-year basis, that may be very different because the health insurance is prospectively priced where the self-insurance is actually priced. Whatever you actually spend that year is your cost, where for health insurance, they're predicting that. They're doing the underwriting. They're doing the actuarial services to project your ultimate costs. If they go above, that will be profit to the health insurer. If the price is below actual cost, that will be a loss to the health insurer. That's the risk transfer mechanism. To your question, there is no grand aggregator, but costs are going up for all employers. The self-funded employer over time does manage the costs. They're more proactive. They are more engaged. A lot of employers will actually tell their employees we are a self-funded plan, just so you know what that means. I do think people understand medical costs and try to save medical costs when they can. Mr. Smucker. That is what we saw. The other arrangement we were part of at some point was we banded together with other businesses in sort of what was called a ``rent-a-captive program.'' These were like businesses that felt they had similar risks, and they worked together to control those risks. We also included in that program Workers' Comp insurance and, in some cases, other insurance products, like general liability and so on. Is that still being done today? Did ACA change any of that, and can you just talk a little bit about that? Mr. Ritchie. The ACA did not impact any of that. What you're talking about is the utilization of a group captive for the Workers' Comp and CGL product lines, and then of another segregated portion of that captive to cover the benefits. I don't want to give the illusion that health benefits and comp benefits were intermingled somehow, but what you did is you had a facility that segmented them in proportionate captive cells for each product line, and then you shared that risk among the other employers. Mr. Smucker. Today, can businesses still band together in that way without an association, for instance? Mr. Ritchie. Yes. Mr. Smucker. How is that different than what we are talking about with associations? Mr. Ritchie. The association--one thing that has not been mentioned on the Association Health Plan is there are rules within that law that says it must be a bona fide association, so I can't go create an association tomorrow and say I'm going to be the guys wearing a blue tie today association, and have everybody come into that. It has to be an association that already existed for the benefit of the members. You can't just create an association that everybody comes into. You have to have a legitimate, bona fide association that already exists, and then provide health care through that. Does that clarify your question? Mr. Smucker. Yes. I am out of time, but I would like to maybe discuss with you later a little more about the captive program. Mr. Ritchie. Yes, sir. Mr. Smucker. Thank you. Chairwoman Foxx. Thank you, Mr. Smucker. As we pointed out earlier, any member can submit a question to the witnesses and get, I believe, a timely response. Thank you very much. Now, it is my turn. I do not think there is any question that ObamaCare has been an unmitigated disaster. We were promised repeatedly that if you like your plan, you can keep it. That simply was not the case for at least 4.7 million Americans who were kicked off their health care plans under ObamaCare. We were promised that if you liked your doctor, you can keep your doctor, but that also has not been kept. Meanwhile, small businesses have found it harder to provide their employees affordable coverage while facing mandates, reams of regulations, and insurance coverage premiums that just kept increasing year after year. I want to thank our witnesses for their great comments today and providing so much information. Mr. Hurst, would you agree that ObamaCare has been harmful for small businesses and their employees, and how has it made it harder for your small business association to offer more affordable coverage through your cooperative? And what can Congress do as we move forward with step-by-step regulations or laws, policy solutions, to lower costs and empower small businesses to offer affordable healthcare benefits? Mr. Hurst. Thank you, Madam Chairwoman. Yes, to answer your question, it has been very damaging and it has been damaging, again, because we don't have a level playing field. We have discrimination, depending upon where you work. One of the biggest problems that came in the ACA was the preemption of state innovation and state rating factors. Again, we had 11 rating factors in Massachusetts, one of which was this cooperative adjustment factor, which was the basis of our savings for our members. Another was a size rating factor. Ironically, in Massachusetts these are things we learned the hard way under RomneyCare. We had a size rating factor because we felt like government, good healthcare policy, should incent small businesses to grow jobs, not to shed jobs. It's a fact that an employer with five employees versus one with 50 actuarially and administratively, it cost less per life to employ them. This is one of the reasons why more people are going self- insured, because we're discriminating against employers of 50 and under or 100 and under and making it harder for them to compete with the people just above that regulatory scheme. We are, unfortunately, forcing them and them alone to unfairly cross-subsidize individuals, and that's where the rubber hits the road. We need to reform those rating factors. We need to have Association Health Plan legislation. We may want to revisit essential benefits and lower them a bit. I would also argue that the 30-hour definition of ``full- time'' was also wrong, and under RomneyCare we had a 35-hour requirement, and that didn't cause any real disruption. Most employers consider 35 hours full-time. Virtually none consider 30 hours full-time. That's not even four days full-time. That created disincentives both on the employer side and also the employee side to keep hours below a certain level, and that's wrong. It really hurt employer coverage for small businesses. Chairwoman Foxx. Thank you very much. Ms. Klausner, you have given great comments about wellness plans, and I appreciate that. I think your comments particularly about the conflicting rules and regulations have been very valuable. Can you describe how the EEOC rules have had a chilling effect on employers setting up these programs? Ms. Klausner. Absolutely. Thank you, Madam Chairwoman. It has absolutely had a chilling effect because employers are stuck evaluating too many things in order to ultimately design their programs and ultimately determining where the costs are. For example, the first thing they need to determine is whether or not if they want to give a $100 incentive, for example, whether it's in cash, connected with a group health plan, how it complies or doesn't comply under each of the three rules, does it go into the 30 percent bucket or not. If instead that $100 is provided as seed money to a health savings account, it may have a different set of rules. If it's for a spouse giving a health risk assessment that includes a genetic information question, it has another set of rules. So, ultimately it has created a serious chilling effect. And what this is converted to is then when they do, in fact, roll out these programs, which, of course, they are doing, they're trying to maximize them, they end up creating confusion even for employees. There are many notices, different authorizations, different descriptions, and ultimately, the employer wants to provide these programs not only in a simplified way for themselves, they also want to do it in a simplified way for employees to benefit under them. And as a result of the complexity, they take a step back and they start shedding or shelving certain ideas because it's too complicated to either roll out or administer or explain to the employees. Chairwoman Foxx. Thank you very much. Mr. Lewis, you are recognized for five minutes. Mr. Lewis. Thank you, Madam Chair, and thank you to all the witnesses. Mr. Ritchie, I have sort of a general question here, and I just want to get it for my own benefit, I guess. How has the ACA affected the self-insurers, the ERISA folks, with regard to mandates? Before the ACA, States had different mandates. Minnesota, the state where I am from, led the Nation a couple of years in the number of state mandates, which I happen to think drives up insurance costs. To some degree, but not completely, as I understand it, the Affordable Care Act did for some self-insurers what those states were doing to other plans before it. Is that accurate or am I misreading something? Mr. Ritchie. Well, with the passage of the Affordable Care Act, when the employer responsibilities or shared responsibilities section came out, yes, that did have an impact on self-funded employers. Now, one thing I would state is remember, those self-funded employers before, they weren't subject to the state requirements because of ERISA. Mr. Lewis. Right. Mr. Ritchie. Today, they could design their plan design and have a uniform plan design across state lines, so a company like Coca-Cola, who has employees in every state in the Union, could have the same benefit plan for everybody. Mr. Lewis. And out from under some of the more costly state mandates. That is ostensibly why some folks did it, correct? Mr. Ritchie. They could be out of those or they could offer them if they choose. Many times we see the self-insured employer offer above what it is. Again, it's part of customizing it towards your plan. What do you want to pay for, what do you want to incentivize, and how do you want to create productivity and wellness within your own organization? It truly is the self-funded, not-for-profit health care plan for that single employer. Yes, with the Affordable Care Act, we did see the employer responsibility sections impacting employers by them having to offer the benefits and asking them to comply with those on a uniform basis across the country. Mr. Lewis. Central wellness benefits and certain things like that, did it raise premiums in your opinion? Mr. Ritchie. The biggest increase to us was the unlimited nature of the coverage now. So I'm not saying that is right or wrong. I'm just saying from a risk and actuarial perspective, I did have a limit at one time, now I have no limit. Therefore, costs go up. We did see the frequency of $1 million claims almost double in 2014, the first year of truly unlimited health care. Good or ill, right or wrong, I'm making a comment on risk perspective. Mr. Lewis. Good or ill, that is a mandated benefit. It is what it is. Ms. Klausner, we are talking a lot about pooling risk, and the idea of small businesses pooling for a larger network, I think, is pretty sound economics and a good idea. One of the other aspects of the insurance markets is not only to pool risk, but to price risk. Have we seen limitations on that, in the name of fairness or whatever you want to say, that you have these bands where pricing has to be tight even in some group markets, would it be beneficial to let prices float more freely? Ms. Klausner. I'm not sure that I'm able to answer that question for you today, but would be happy to get back to you. Mr. Lewis. Yes, would you, please? I would be interested. Anybody else have a comment on that? Not everybody at once. Okay. Thank you very much, Madam Chair. I yield back my time. Chairwoman Foxx. Thank you very much. Mr. Scott, I recognize you for closing comments. Mr. Scott. Thank you, Madam Chair. Madam Chair, the Affordable Care Act has been described as a disaster, but I think we need to recognize that a lot of problems were occurring in health care before the Affordable Care Act. Certainly if they are going to have complaints, there ought to be a plan to do better, and it is hard to hold a constructive debate over an invisible plan, so we are waiting for the alternative. I just want to make a point. On the Self-Insurance Institute of America website there is a provision that says an employer is free to contract with the providers or provider network best suited to meet the healthcare needs of its employees. That is on the website. We have heard a lot about the Association Health Plans. It is easy to see how they work. You get a group together, however it is formed. If you figure out that the healthcare costs of the group are lower than average, you can insure that group at a lower than average cost, which works well while everybody in the association stays healthy. As soon as a bunch of people get sick and the costs go above average and everybody bails, they can join the regular insurance pool. While they enjoy lower costs, everybody else in the pool they left will be paying higher prices. The wellness plans, we know they can reduce long-term health costs and they ought to be encouraged, but you ought to be able to run one without requiring people to disclose sensitive healthcare information that they do not want to disclose. We have to figure out how that can take place without people having to disclose information that they believe is sensitive. Stop-loss does economic security for the employer. It is unclear what it does for the employee, getting coverage they could not ordinarily get. Madam Chair, again, if we are going to have a debate on health care, it would be helpful if the Republicans would conform with the directions of the reconciliation instructions and come up with a plan that we can actually debate. With that, Madam Chair, thank you for the hearing, and I yield back. Chairwoman Foxx. Thank you, Mr. Scott. Well, today, we are not talking about repealing and replacing ObamaCare. We are talking about issues outside that. Our colleagues have spent a lot of time talking about a speculative bill, and I am conscious of that. We had other issues here to talk about, talking about what would happen with Medicaid really was a waste of time, in my opinion, because that is not what we are talking about here today. We are talking about three proposals that would not come under repeal and replace of ObamaCare, and I am very grateful, again, to our witnesses for having done that. Everything the Republicans predicted about ObamaCare has come true because we were actually reading a bill that was written in the back rooms of the people in charge of the Democrat Party at the time, no Republicans voted for it. We predicted from an actual bill exactly what would happen, and it has happened. Every dire prediction has come true, unfortunately. I do not know anybody that does not want every American to have affordable health care. We all want that. We all do. I think as I have sat here and listened to this debate today and listened to my colleagues on both sides of the aisle, it really comes down to a matter of freedom and coercion. What the ObamaCare bill did was coerce people into buying insurance they did not need. People who did not need fertility insurance, people who do not need maternity insurance, they do not need that, but they are forced to buy that coverage in order to have--I forget exactly what the President calls it, ``wealth distribution,'' I think. That is not the way we operate in this country. Somebody else brought up the issue of car insurance. Many of us when we buy new cars buy collision or comprehensive insurance because we have a fairly expensive car and we want something more than liability insurance. We buy liability and then we buy others. As the car gets older and we have maybe a $1,000 deductible on our comprehensive, we say, wow, maybe it is not worth paying that insurance anymore because my car is not worth a whole lot, and we decide to change that. Many of us as we get older might want to change our health insurance policies. Under the coerciveness of the Federal Government, we are not allowed to do that with health care. That is wrong in the United States of America. We are based on freedom. Ms. Mitts, you mentioned how horrible it would be if people had HSAs and low-income working families might have to pay up to $3,000, which they would not have under an HSA on their deductible. Well, guess what? The Silver Plan in ObamaCare, the deductible is $3,572 for individuals; for families, it is $7,474. So, would people be worse off under HSAs? Perhaps not. Again, it is speculation. All speculation about what would happen if we had changes in Medicaid, all speculation about what a bill might look like. I so appreciate Mr. Hurst, Mr. Ritchie, Ms. Klausner talking about how employers care about their employees. To hear our colleagues speak, you would think that we have Simon Legree running every company in this country. Now, most of you people are too young to know who Simon Legree is, so I will let you look it up. We do not. My husband and I were small business owners. We cared about our employees. Every small business, even large businesses, I believe care about their employees. Mr. Ritchie pointed out over and over again the labor market is extremely competitive these days. It is in the best interest of every employer to do everything he or she can to keep those employees, the good employees that they have, and give them every benefit they can possibly afford. I want to thank you all very much for presenting that, and pointing out that is the case in the country. I want to thank you all. I do want to thank our colleagues for being here today and answering questions, and illuminating, I think, these issues a great deal. With that being said, the hearing is adjourned. [Additional submissions by Chairwoman Foxx follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional submissions by Mr. Johnson follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Whereupon, at 12:51 p.m., the Committee was adjourned.]