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Pre-existing conditions complicate health care law replacement

 
Published Feb. 26, 2017

CHICAGO — As Republicans try to unite around a replacement for the Affordable Care Act, one of the most popular parts of the law will be among the most difficult to replace: the guarantee of health coverage for people with pre-existing conditions.

The challenge of providing insurance for Americans who have no other alternative has some congressional Republicans considering whether to ask the states to reboot high-risk pools, an option with a rocky history. In the past, the pools served as insurers of last resort for people in poor health who could not get an individual policy from a commercial insurer.

"It's definitely a hand-off to the states," said economist Douglas Holtz-Eakin, who has reviewed the GOP plans and a recent briefing document for members of Congress. "It's a commitment for money. It doesn't say how much."

The health care law requires insurance companies to cover people with serious medical problems at the same premium prices as everyone else. President Donald Trump has said he wants to "keep pre-existing conditions," but he has not said how.

As they returned home during the recent congressional recess, some lawmakers received an earful from people concerned about possible GOP health care changes.

"I'm really angry about it," said Vicki Tosher, a 64-year-old breast cancer patient in Englewood, Colo., who likes the subsidized health plan she buys through the Affordable Care Act for $345 a month.

Whatever happens, the effects could be broadly felt. The nonpartisan Kaiser Family Foundation estimates that 27 percent of adults under age 65 have health conditions that would likely leave them uninsurable under practices that existed before the health care overhaul.

Some Republicans say they will preserve protection for pre-existing conditions, but with a catch. People would have to maintain continuous coverage before earning the protection — for 18 months in the plan offered by former Rep. Tom Price, Trump's health secretary. Those who go without coverage or who never had insurance could buy a policy through a state-run high-risk pool.

High-risk pools have been tried before. It worked like this: Sick people with problems ranging from arthritis to congestive heart failure were placed in a separate insurance pool, with government and insurance companies helping to cover costs. They were also charged higher rates, up to double the amount paid by consumers with no serious ailments.

Some states offered income-based assistance. Most did not.

Before the health law, Tosher was insured in a high-risk pool and paid twice as much for coverage.

"It's unfair. It's kind of like living in a ghetto," she said. Returning to a system in which insurers could charge any amount to people with pre-existing conditions "is a major concern for me."