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Ethan Rome

Ethan Rome

Posted: August 12, 2010 02:36 PM

The HMO and insurance industries have spent a breathtaking $768,864,642 since 2007 on federal lobbying to influence public policy and elected officials, according to data collected by the Center for Responsive Politics and reviewed by Health Care for America Now. In 2010 they have not let up, despite passage of the new health reform law. They're now trying to undermine the law with intense pressure on state officials to water down the federal provisions and interfere with their implementation.

As we all know, the insurance industry mounted a massive campaign to defeat health care reform and maintain their stranglehold on our health care. But after they lost, they turned their attention to undermining the new law so they can continue their obscene profiteering, their unconscionable denials of care and their shameless practice of giving CEOs jaw-dropping pay packages.

The top five companies reported a record $12.2 billion in net earnings last year. That's huge. And the top executives at 10 for-profit companies have pocketed nearly $1 billion in compensation in the last 10 years. That's staggeringly huge. As a group they received a 167 percent pay raise in 2009 while average American workers saw wages grow about 2 percent. That's offensively indefensible.

Led by the Washington-based trade group America's Health Insurance Plans, the $892 billion-a-year health insurance industry laundered $20 million through the U.S. Chamber of Commerce this year to blanket the airwaves with anti-reform TV ads. The Chamber has since announced a $75 million campaign against pro-reform members of Congress running for re-election in November. Insurance companies also are considering spending another $20 million to create their own front group to attack reform supporters and elect pro-industry lawmakers.

The insurance companies are now coordinating a lobbying assault on regulators. Activists are fighting back and we can all help.

This weekend, more than 1,000 insurance lobbyists and executives are expected to converge in Seattle to pressure the National Association of Insurance Commissioners (NAIC) to undercut important new rules intended to control costs and make health insurance more affordable for families and businesses. The new health reform law includes a provision (medical-loss ratio) that requires insurance companies to spend on patient care at least 80 percent of health plan premiums collected from individuals and small employers and 85 percent of premiums paid by large employers. The insurance companies are trying to protect their profits and divert premium dollars away from patient care by having non-medical costs, such as lobbying, profits, executive pay and administration, defined as "medical" under this new regulation.

The insurance lobbyists will be met by scores of activists, because the stakes in this fight are high. Simply put, the battle over the medical-loss ratio is the new health care reform fight, and if the health insurance companies win, we lose. If they win, they'll be able to deny people needed care and call the administrative costs of that denial "medical care" under the new law.

In a powerful letter to the NAIC president in July, Senator Jay Rockefeller of West Virginia, chairman of the Senate Commerce Committee, urged the insurance commissioners not to succumb to the pressure applied by the industry.

"It is clear that health insurance companies are sparing no expense to weaken this new law and the protection it promises to America's consumers," Rockefeller said. "Health insurance companies and their allies have been furiously lobbying the NAIC to write the medical-loss ratio definitions in a way that will allow them to continue doing business as they did before the passage of health reform. The resources health insurance companies are throwing into their effort to weaken the medical-loss ratio appear almost limitless."

Unlike federal lobbying disclosure rules, health insurance companies aren't required to reveal what they are spending to influence state insurance commissioners, but the numbers are high. In New York alone, the health insurance industry has spent $10,602,387 on lobbying since 2007, according to an HCAN review of data maintained by the New York State Commission on Public Integrity. No figures are readily available on how much money health insurers spend on lobbying in 49 other state capitals.

This gap in reporting is troubling because this lobbying assault on the NAIC is new. This category of state officials--insurance commissioners--has never been subjected to a nationally coordinated pressure campaign to use their state authority to block implementation of consumer protections enacted by Congress. The NAIC is due to make its recommendations soon--perhaps even this weekend--to the U.S. Health and Human Services Department.

That's why these massive lobbying expenditures must be disclosed. The public has a right to know how much the insurance companies are spending to protect their excessive profits and outrageous CEO pay by changing the intent of the medical-loss ratio established by Congress.

The health insurance industry wants to expand the definition of allowable medical expenses to include costs that are not directly related to the delivery of care and have not historically been classified as medical. Instead of reducing costs and improving the efficiency of their operations, they simply want to change how certain expenses are classified so they don't really have to alter business practices. Already, WellPoint, the nation's largest private health insurance company by enrollment and operator of Blue Cross plans in 14 states, has reclassified $500 million in administrative costs as medical expenses. The amount of money riding on the outcome of this battle is huge. If the new law had been on the books in 2009, the six largest for-profit health insurance companies would have been required to refund $1.9 billion for that year alone.

The medical-loss ratio standards in the Affordable Care Act are critical to curbing the worst of the health insurance industry's consumer abuses, controlling rising premium costs, increasing the value of premiums paid by private and public customers, and reining in the profiteering of health insurance companies. If the lobbyists are thwarted and rules governing medical-loss ratios, rate review and other consumer protections are implemented as intended, the health reform law will hold accountable an industry that abuses millions of customers when they need health benefits the most.

We can all join the fight to hold the insurance industry accountable by demanding that they disclose how much they spend to lobby the NAIC and other state officials. Their unbridled efforts to protect the status quo must be stopped.

Cross posted at the NOW!Blog

 

Follow Ethan Rome on Twitter: www.twitter.com/@HCAN

The HMO and insurance industries have spent a breathtaking $768,864,642 since 2007 on federal lobbying to influence public policy and elected officials, according to data collected by the Center for R...
The HMO and insurance industries have spent a breathtaking $768,864,642 since 2007 on federal lobbying to influence public policy and elected officials, according to data collected by the Center for R...
 
 
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12:00 PM on 08/13/2010
"As we all know, the insurance industry mounted a massive campaign to defeat health care reform and maintain their stranglehold on our health care. But after they lost, they turned their attention to undermining the new law so they can continue their obscene profiteering, their unconscionable denials of care and their shameless practice of giving CEOs jaw-dropping pay packages."

Er, way to rewrite history. I guess you're ignoring the $150 million that PhRMA spent campaigning in FAVOR of the reform as a result of a backroom deal with Rahm et al.

"As we all know," the "reform" bill was a "massive victory against the evil health insurers." It's just so darn confusing why it didn't seem to actually make things better!

Fun with revisionist history R US!
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HUFFPOST SUPER USER
blueken
Finger Picking blues man
11:24 AM on 08/13/2010
Health care should be a right. Illness should not be a opportunity for profit. The private sector has failed us, and the rest of the modern world is shakeing their heads and wondering why we thrash around like this. It comes down to a choice, either we give everyone the health care they need, and we all chip in for the expense, or we let people die in our streets because they can't afford to pay. Which country do you want to live in?
10:59 AM on 08/13/2010
MLR was always easy to game. It was never an effective option in controlling health care costs and it was disingenuous of Democrats to suggest that.

The only way to reign in insurers is competition. The public option, or at least allowing states to set up their own public option, is where the fight should take place. MLRs are the wrong place to focus efforts. It's a waste of time and money. Fight where you can make a difference.
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ProudLiberalDan
Standing up an fighting conservatives since 1987
08:54 PM on 08/12/2010
The only way to tame the insurance corporations is to pass a public option open to all.

Please ask your Senators, Representatives, and congressional candidates to support Rep. Alan Grayson's "Medicare You Can Buy Into" Act.
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HUFFPOST SUPER USER
politicky
just follow the $$$
08:36 PM on 08/12/2010
"The HMO and insurance industries have spent a breathtaking $768,864,642 since 2007 on federal lobbying to influence public policy"

My head is spinning.
05:23 PM on 08/12/2010
Mr Rome needs to do a little more homework -- most nonprofit health plans already hit the 80-85% mark on medical loss ratio, so don't hold your breath for those rebates next year, folks.

It would be helpful if he'd differentiate between the five big for-profits, which cover a minority of the market, and nonprofits which are nearly two-thirds of the market. And, according to Slate, much as the CEO compensation looks like, it would pay for about two days' of care in the USA.
http://www.slate.com/id/2190273/

Then what, HCAN? Why don't you focus on the real problem, the ginormous amount of money we are shoveling to doctors, hospitals, pharma, device makers ($10,000 pace maker anyone?) etc etc. How you gonna take the profit outa that? (oh wait, I think I know this one....)

And by the way, how much did HCAN, SEIU and other unions spend lobbying on reform? Where's the transparency? This kind of cherry-picking costs you credibility with thinking people.
05:59 PM on 08/12/2010
The dirty secret in the Health Care industry has always been docs and hospitals that funel paitents to big dollar teaching centers when they could usually do the same procedure at regional hospitals. They like the attention paid to the "evil" insurance carriers most of whom are not for profit hmos who bargin with the hospitals and doctors groups for discounted fees for their members. In Boston alone this was proven by the MGH and Partners docs and everyone in medical treatment knows it. Its easier to write the paper when you haven't done your homework...you can make up your own group of bad guys and s;ant your work to prove your own point!
07:06 PM on 08/12/2010
Speaking of homework, not-for-profit hmos? I'm shopping for health insurance and the only options available in this area are the big for-profit monster companies, and none of them get good reviews.
jhNY
Mercy.
04:07 PM on 08/12/2010
Why not, as long as we're demanding stuff, demand that the insurance business' exemption from anti-trust law be rescinded?

As things stand now, I can't be sure that even their reports on profit are accurate, though what they report is huge.