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Health Reform Bracketology2010 Congressional Election Madness
Standings as of October 4, 2010
OverviewAs the 2010 election approaches, Leavitt Partners has engaged a collection of our policy experts and senior advisors to identify provisions within the recently passed health reform legislation that are subject to potential disruption. Health reform continues to be an important topic with voters, and our firm believes that certain scenarios regarding the future congressional makeup could have a material impact on the timing and nature of the implementation of PPACA and related health care reform efforts.
HOUSE SENATE
Democrat
Republican
Democrat
Republican
Democrat
Republican
Democrat
Republican
Democrat
Republican
Democrat
Republican
Democrat
Republican
Democrat
Republican
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Current Public Polls Suggest*
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
Methodology and FocusOur analysis utilizes polling data from RealClearPolitics.com to project the likelihood of various election outcome scenarios in the House of Representatives and the Senate. Based upon these scenarios, publicly reported information, and other proprietary sources, Leavitt Partners has identified several PPACA provisions that could be targets for disruption. We have queried several health care experts for their opinion on a) the likelihood of disruption of these targets given certain election outcome scenarios, b) potential congressional tools/channels to facilitate the disruption, and c) potential outcomes. The data is aggregated and presented below.
Health Reform Bracketology2010 Congressional Election Madness
51%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Modify 53%
Stall 33%
Repeal 13%
80%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: Leavitt Partners believes that both Democrats and Republicans are unhappy with the Individual Mandate as currently constituted, making it a likely target. Although unpopular, the need to address adverse selection in insurance pools is acknowledged. If repealed, one discussed substitute is an auto-enrollment process with an opt-out provision. Likely modifications include raising the income threshold of those exempt from the requirement, or denying funding to the IRS to hire new staff to enforce the provision. Like some other controversial provisions of PPACA, the individual mandate does not take effect until 2014, allowing reasonable time for disruption.
Republicans
Modify 67%
Stall 33%
Repeal 0%
17%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
40%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Modify 47%
Stall 37%
Repeal 17%
80%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: With the campaign season in full sway, look for Republican candidates to speak out against penalties and fines levied against employers not offering sufficient insurance, citing the detrimental impact on employment. Possible modification scenarios could include exempting more businesses through hardship waivers, defunding enforcement capabilities, or lowering the penalties.
Republicans
Modify 63%
Stall 37%
Repeal 0%
23%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
37%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Modify 73%
Stall 20%
Repeal 7%
63%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: Lower health insurance premiums are especially appealing to both parties in the current economic and political environment. However, premium subsidies to large numbers of Americans remains a highly contentious issue. Potential compromises could involve lowering the amount of subsidy to the target population (below 400% of the Federal Poverty Level), or changing the eligibility criteria to reduce the number of eligible individuals who qualify based upon household income. With subsidies not scheduled to begin until 2014, plenty of time remains to modify this provision.
Republicans
Modify 73%
Stall 23%
Repeal 3%
23%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
27%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Modify 58%
Stall 39%
Repeal 3%
50%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: Leavitt Partners believes that the Medicaid expansion will be a difficult provision to disrupt. This expansion was really the plan “B” for the so called “public option” that Democrats originally championed, and is politically challenging to roll back. Consequently, none of our experts believe that the provision will be repealed. However, possible modifications could include offering Medicaid eligible populations the option of receiving a voucher for use in purchasing insurance through state exchanges.
Republicans
Modify 85%
Stall 15
Repeal 0%
7%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
60%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Disruption Type
Modify 63%
Stall 27%
Repeal 10%
80%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: The new Medical Loss Ratio requirements could have a negative impact on the attractiveness of the Individual Insurance market to traditional insurance providers. Several states, including Maine, Iowa and possibly Florida have asked HHS for leniency in allowing a “phase-in” of this provision. Also, 30 state-insurance commissioners recently met with the White House and “urged the Obama administration to consider phasing in the 80% requirement over several years to avoid disruption of insurance markets.” www.nytimes.com/2010/09/23/business/23states.html, September 22, 2010
Republicans
Modify 77%
Stall 23%
Repeal 0%
30%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010
Medicare Funding CutsStandings as of October 4, 2010
Current Public Polls Suggest*
LP Coach’s Poll Prediction
Democrats
Republicans
Republicans
Democrats
Republicans Democrats
HOUSE SENATE
70%Chance of Disruption if Republicans take the House and
Democrats retain the Senate. See below for type of disruption.
Modify 70%
Stall 17%
Repeal 13%
87%Chance of Disruption
RepublicansHouse Senate
Alternative Scenario
Commentary: Medicare funding , including the IPAB (Independent Payment Advisory Board), Medicare Advantage program, and market basket updates, represent an extremely large portion of funding and contentious area of debate. Early legislative action in the 112th congress could result in an executive branch invitation to a ‘Budget Summit’, a forum for negotiating a budget that both Congress and the President can tolerate. Such a summit would be high stakes political theater that could create “winners” or “losers” out of the new congress.
Republicans
Modify 70%
Stall 27%
Repeal 3%
63%Chance of Disruption
DemocratsHouse Senate
Alternative Scenario
Democrats
*Prediction based on analysis using data from www.RealClearPolitics.com, October 4 2010