Millions of Americans are paying for state health
insurance mandates because they have group health plans through work.
Critics argue that state mandates increase health insurance premiums.
When employers must pay health insurance premiums that are inflated by
numerous state mandates, health plans become unaffordable. And when
businesses cannot shoulder the financial burden, more workers find
themselves joining the ranks of the uninsured.
People who buy health insurance on their own (through individual plans) are not affected by state mandates.
What's going on here? "For state legislators,
[mandates are] used as a special interest tool to reward lobbyists with
a specific mandate and let someone else pay for it," says J.P. Wieske,
director of state affairs for the Council for Affordable Health
Insurance (CAHI), an advocacy association of insurance carriers.
In 1965 there were only seven state-mandated
benefits in the entire United States. Today, there are nearly 2,133
varieties of health insurance mandates nationwide, according to the
National Association of Health Underwriters. The number of mandates and
increasing health care costs culminates into group health insurance
premium increases of 20 to 50 percent each year.
For example, the Massachusetts Division of Health
Care Finance and Policy reports that the state’s 26 mandated benefits
account for 12 cents for every health insurance premium dollar. The
cost to Massachusetts employers is $1.3 billion annually.
Massachusetts’s mandates include maternity, mental health treatment,
infertility, diabetes maintenance and alcoholism treatment.
A benefit that health insurers must offer but that employers don’t have to accept.
Linda Sherry, director for the nonprofit consumer
advocacy group Consumer Action in Washington, D.C., points out that
state mandates are not the only driver of rising health insurance costs.
"I think the fact that there are 45 million
uninsured persons who use public assistance and emergency rooms has
more to do with rising costs," says Sherry.
Are you already paying for . . .
alcoholism treatment coverage?
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Wieske points out that the most popular benefit
trend is autism coverage, which has attracted broad interest both from
the public and politicians. In addition to autism, he says there has
been a great deal of interest in enacting prosthetics coverage mandates.
Wieske points to in vitro fertilization as a problematic mandate.
"I personally have a problem with an in vitro
fertilization mandate," he says. "I’m convinced it’s a straight income
transfer from the poor to the rich. Poor families are struggling to
afford health insurance and are not interested in spending their
hard-earned dollar on in vitro fertilization. It’s clearly not
something that is treating a medical condition and it’s not threatening
to the individual’s health."
Wiekse says since having children is not "medically necessary," the benefit shouldn’t be required.
Although Sherry agrees that mandating coverage for
certain procedures (such as in vitro fertilization or prescription
drugs) drives up costs more than other types of mandated coverage, she
also believes that part of the problem is the unwillingness by health
care industries to accept smaller payments.
| The most common state mandates |
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Alcoholism/substance abuse treatment
Breast reconstruction
Diabetic supplies
Emergency services
Mammography
Maternity minimum stay
Mental health parity
Source: Council for Affordable Health Insurance
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"Why can consumers buy the same prescription drugs
in other countries for much less money? It is difficult not to conclude
that the industry is gouging American consumers on drugs and some
procedures," notes Sherry.
While evidence is mounting about the financial
burden of additional mandates, there are currently eight big mandate
trends, according to CAHI:
Autism treatment: This mandate includes the evaluation and treatment of autism. Eleven states already have this mandate.
HPV vaccine screening: HPV is the virus responsible for cervical
cancer and genital warts. Sixteen states mandate vaccine coverage.
Dependent-student mandate: This extends coverage from a parent’s
health insurance policy to children up to age 30. Also known as the
"slacker mandate," it has been enacted in 30 states.
Michelle’s law: This requires the continuation of health insurance
coverage for full-time students who are on a 12-month medical leave
from college. Normally, this would make them ineligible for
dependent-student status under a parent’s health insurance plan.
Domestic partners: This allows a domestic partner as an eligible dependent on a health insurance policy.
Legal
aliens: So far only Maine has extended eligibility for health insurance
coverage to include a person who isn’t a citizen but is residing
legally in the U.S.
Grandchildren: Maryland, Minnesota, New York and Texas have extended "dependent" eligibility to include a grandchild.
U.S. armed forces: If you served in the military and you live in
Illinois or Pennsylvania, you can receive medical care from the state
for a time that’s equal to the amount of time you spent in the military.
Mandate "lite" policies: There are currently 10 states that allow
individuals to purchase special group health policies with fewer state
mandates that are customized to their needs and financial means.
Which states pile on the mandates, and the related
costs? The top five mandate-heavy states are Rhode Island (70),
Minnesota (68), Maryland (66), Virginia (60) and Washington (57).
| Unusual mandates |
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Athletic trainer
Circumcision
Hair prosthesis
Midwife
Naturopath
Oriental medicine
Pastoral counseling
Port wine stain elimination (birthmark removal)
Residential crisis service
Source: Council for Affordable Health Insurance
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Wieske says that many mandates are things that
employers would likely include anyway when they purchase health plans
for their workers, but making them mandates raises the costs for
everyone — and then ultimately pushes people out of the market.
"The key is to balance those costs with a comprehensive plan that provides necessary treatments and services," suggests Wieske.
Sherry believes that the states should take a more conservative role in determining which mandates should be enacted.
"It is an acceptable role for states to attempt to
protect their citizens, and to help people who are locked out of
traditional coverage because of pre-existing conditions," says Sherry.
"Sometimes hard choices have to be made—not being able to get pregnant,
for instance, is not a life or death situation, so the fact that it is
an elective procedure to go for in vitro should be taken into account
when deciding what to mandate and what not to mandate."