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I’m paying for what?!
Mandated health insurance benefits

By Michelle Matlock, Insure.com
Last updated July 6, 2009

With all the talk about health care reform, it’s no wonder the subject of state health insurance mandates continues to be at the center of debate.

Mandated health insurance benefits must be included in group health plans (excluding group plans from "self-insured" employers).

Are you already
paying for . . .
in vitro fertilization coverage?

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.

Are you already
paying for . . .
maternity coverage?

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.

Mandates come in two forms:

  • A benefit that must be included in all plans, or
  • 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.

    Mandates gaining steam

    Are you already
    paying for . . .
    alcoholism treatment coverage?

    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

    Alcoholism/substance abuse treatment

    Breast reconstruction

    Diabetic supplies

    Emergency services

    Mammography

    Maternity minimum stay

    Mental health parity

    Source: Council for Affordable Health Insurance

    "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.

    What's mandated where you live? See CAHI's Health Insurance Mandates in the states 2009

    Mandate-heavy states

    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

    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

    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."


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