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More Myths and Facts About Health Reform

Myths and misinformation continue to swirl around HR 3200, the chief health reform proposal now pending in the U.S. House of Representatives.

AARP has not endorsed this bill nor any other specific bill now pending in Congress. We do, however, support various elements of various proposals that we believe will advance our members' interest in quality, affordable health care options.

We also think it's important to separate myth from fact about some of those proposals, including these specific claims that have been made about HR 3200.

This is a somewhat long document, but we are confident it will bring important information to the forefront of our country's crucial national debate around health care reform.

  Claim: Pg 22 of the HC Bill MANDATES the Govt will audit books of ALL EMPLOYERS THAT SELF-INSURE!!
 
Response: FALSE.
 
The bill does not require the government to audit the books of all employers that self-insure. The bill simply requires that the government study the health care market for large employers. The purpose of the study is to learn more about:
 
  • How employers who self-insure and who buy insurance are alike and differ.
  • Whether self-insuring employers have sufficient funds to pay their health care obligations.
  • Whether rate regulations cause some employers to buy insurance and others to self-insure.
 
The results of the study are to be presented to Congress, along with any recommended changes, within 18 months of the bill passing, and then again 18 months after all the new regulations have taken effect. This will help Congress learn how the reforms are working and if they need to make any changes.
 
Claim: Pg 30 Sec 123 of HC bill - THERE WILL BE A GOVT COMMITTEE that decides what treatments/ benefits you get
 
Response: FALSE.
 
A government-appointed advisory committee will recommend what essential benefits health insurance should include for plans offered through the proposed health insurance exchange, and what cost sharing should include. This committee will not influence what benefits are offered by grandfathered insurance plans outside the exchange. The committee is not in charge of deciding what specific treatments are covered. 
 
The committee will be made up of representatives of the following groups: doctors and other health care providers, consumers, employers, labor groups, insurers, and experts on disability, children’s health, racial and other disparities, and health financing. Public input is required as the committee develops its recommendations.   And as medical care improves, the committee will be able to recommend benefit changes to keep up with developments.
 
Claim: Pg 354 Sec 1177 - Govt WILL RESTRICT ENROLLMENT of Special needs people
 
Response: FALSE.
 
Special Needs Plans (SNPs) are managed-care plans added to Medicare in 2003. Under current law, a SNP may restrict enrollment to specified groups of Medicare beneficiaries believed to benefit from specialty care tailored to their group characteristics. But Congress has had doubts about whether these plans were improving care for enrollees, so a law passed in 2008 would have ended the SNP program on December 31, 2009.
 
In fact, Section 1177 of the House bill would give SNPs more time to prove themselves by extending them from 2 to 5 more years, 2011 to 2014, depending on the type of plan. This provision in no way affects the ability of people with special needs to continue their traditional Medicare enrollment or enrollment in regular Medicare Advantage plans.
 
Claim: Pg 42 of HC Bill - The Health Choices Commissioner will choose your HC Benefits for you.
 
Response: FALSE. 
 
Just as state insurance departments today see that health plans satisfy state insurance laws, the federal Health Choices Commissioner would work with state insurance departments and other federal agencies to make sure that qualified health plans meet any new standards. The Commissioner will also be responsible for seeing that Health Insurance Exchanges are up and running to offer people without access to employer-provided coverage a choice of qualified health plans, and for getting people who qualify for help the credits available under the bill to make premiums and cost sharing more affordable.
 
Claim: PG 50 Section 152 in HC bill - HC WILL BE PROVIDED TO ALL NON-US CITIZENS, illegal or otherwise
 
Response: FALSE.
 
People in this country illegally would not be eligible for coverage and subsidies under the new health insurance program (see p.143).
 
This section says nothing about immigrants, legal or otherwise. Rather, it would ban discrimination in health plans and health care based on personal characteristics, such as gender, ethnicity, race, and disability. 
 
Claim: Pg 170 Lines 1-3 HC Bill- ALL NON-RESIDENT ALIENS will be exempt from individual taxes. (Resident Americans will pay)
 
Response: TRUE.
 
Indeed, non-resident aliens would not be required to pay the tax – but they would not be eligible to receive health care subsidies or join the exchange either.
 
Claim: Pg 58 HC Bill - Govt will have real-time access to individuals finances & a National ID Healthcard will be issued
 
Response: FALSE.
 
This section of the proposed legislation has nothing to do with individual personal finances or with a National Health Identification card. In fact, in a search of all 1,018 pages of the legislation, there is not one mention of any such card, nor are there any sections that would permit expanded government access to your personal financial records. (Keep in mind that the Internal Revenue Service already has access to taxpayer data.) This proposed section would set standards for electronic health records – and it sets privacy standards to protect personal information.
 
Claim: Pg 59 HC Bill lines 21-24 Govt will have direct access to your bank accounts for electronic funds transfer, no choice
 
Response:  FALSE. 
 
Again, this proposed section would set standards for electronic health records – and it sets privacy standards to protect personal information.
 
Claim: Pg 72 Lines 8-14 Govt is creating an HC EXCHANGE to bring private HC plans under Govt control.
 
Response: FALSE.
 
A Health Care Exchange is being proposed to make it easier for individuals and small businesses to have access to a number of qualified health insurance plans. The Exchange would contract with plans that meet benefit standards in the same way that the federal government’s Office of Personnel Management contracts with the health insurance providers offered to members of Congress and federal employees.  Similarly, the Exchanges will provide central place where people eligible for affordability credits can shop for coverage.  
 
Claim: PG 84 Sec 203 HC bill - Govt mandates ALL benefit pkgs for private HC plans in the Exchange
 
Response: TRUE.
 
The bill would set broad levels of benefit packages that private plans should offer in the Exchange. The broad categories of benefits specified in the law are like those for federal employees, and there are three different levels of generosity so that people can choose the plan that meets their needs. While the law sets certain aspects of the benefit packages, insurers are allowed to vary within the rules, much as they can under Medicare’s contracts with health plans for Medicare Advantage and for the Medicare prescription drug program. This has successfully spurred competition among providers that benefits consumers.
 
Claim: PG 85 Line 7 HC Bill - Specs. for of Benefit Levels for Plans
 
Response: TRUE – see response above.
 
This section defines three broad levels of generosity of benefit packages. As noted above, there is room within these broad levels for private plans to vary the packages.
 
Claim: Pg 95 HC Bill Lines 8-18 The Govt will use groups i.e., ACORN & Americorps to sign up individuals for Govt HC plan
 
Response: PARTLY TRUE.
 
This section of the proposed legislation talks in very broad terms about conducting outreach activities to inform people about the important health insurance benefits that they may be eligible for and help them to sign up. But the section does not identify any specific organizations.
 
Experience shows that, when any new program is launched, outreach is essential to let people know about it and manage the required paperwork. For example, when the Medicare prescription drug benefit began, the government worked with a wide range of community groups, religious institutions and other organizations to get the word out.
 
Claim: pg 124 lines 24-25 HC No company can sue Government on price fixing. No "judicial review" against Government Monopoly
 
Response: TRUE BUT…
 
Providers that choose to participate in the proposed Exchange would not be able to seek administrative or judicial review of the payment rates or methodologies established under the plan. This is consistent with long-standing practices in Medicare and in private insurance generally.   
 
Claim: pg 127 Lines 1-16 HC Bill -DOCTORS/ AMA - The Govt will tell you what your salary will be.
 
Response: FALSE.
 
The government would not employ physicians in the Exchange, so it would not set salaries. The Secretary of Health and Human Services would set the amount it will pay for different services that doctors who participate in the public plan provide. This is the same way the Medicare and private insurance plans now operate. 
 
Claim: Pg 145 Line 15-17 An Employers MUST auto enroll employees into public option plan. NO CHOICE
 
Response: FALSE.
 
In fact, this section does not even deal with a public option plan. This section seeks to encourage automatic enrollment of workers in employer-sponsored health insurance plans. But the provision makes it clear that the employer must provide the worker with a 30-day period to choose whether to enroll or not enroll. 
 
Claim: Pg 146 Lines 22-25 Employers MUST pay for HC for part time employees AND their families.
 
Response: PARTLY TRUE.
 
This section states that employers must make some minimum contribution towards premiums for employees who work less than full-time. This minimum contribution will be a share of the contribution the employer makes for full-time employees, based on the average number of hours worked weekly compared to full-time status.
 
Claim: Pg 150 Lines 16-24 ANY Employer with payroll 400k & above, who does not provide public option, pays 8% tax on all payroll
 
Response: PARTLY TRUE.
 
This proposed section does not refer to the public option plan. It states that employers with an annual payroll of $400,000 or more who choose not to offer any coverage to their employees will pay an 8% payroll tax. And amendments have been proposed to raise this threshold to $750,000.
 
Claim: pg 150 Lines 9-13 Businesses with payroll btw 251k & 400k who doesn't provide public option pays 2-6% tax on all payroll
 
Response: TRUE.
 
Employers with annual payrolls between $251,000 and $400,000 that don’t offer health coverage and don’t make a contribution to the premium of their employees will have to pay a payroll tax of 2 to 6%, to help the government pay for health coverage. The amount of the tax rises as the total payroll rises.
 
Claim: Pg 167 Lines 18-23 ANY individual who doesn't have acceptable HC according to the Govt will be taxed 2.5% of income
 
Response: PARTLY TRUE.
 
The goal of the bill is to encourage people to have health insurance coverage so they have the security of having affordable access to health care if they get injured or sick. To give people an incentive to get coverage, those without coverage will have to pay a tax equal to 2.5% of the amount that their income exceeds an income threshold.  The threshold is the amount of income at which a taxpayer is required to file a tax return. This income threshold varies by filing status and age, and is adjusted each year for inflation. So people whose incomes are below the filing threshold will not pay the tax, and the tax will not apply to certain individuals exempt because of religious beliefs, living abroad, or in the case of hardship (to be defined in regulation), 
 
To help make coverage more available and affordable than it is today, the bill would change rules so that private insurers can’t turn away applicants or make sick people pay much more. It also provides subsidies to make coverage more affordable to those with modest incomes. And, it expands eligibility for Medicaid to more people with low incomes. 
 
Claim: Pg 195 HC Bill -officers & employees of HC Admin (GOVT) will have access to ALL Americans finances/ personal records
 
Response: FALSE.
 
This section would not give the Health Choices Commissioner access to financial records of all Americans. This section would authorize the IRS, upon written request, to disclose to the Commissioner limited information necessary to determine if those applying for subsidies should qualify. It strictly limits the type of information that IRS would share and limits the ways the information can be used – and any unauthorized disclosure of the information would be a felony.
 
Claim: Pg 239 Line 14-24 HC Bill- Govt WILL REDUCE PHYSICIAN SERVICES for Medicaid Seniors, and low income people.
 
Response: FALSE.
 
This section of the bill would reform the system Medicare uses to set rates for service payments to physicians. This section has nothing at all to do with seniors on Medicaid or with other low-income people.
 
Claim: Pg 241 Line 6-8 HC Bill - Doctors, doesn't matter what specialty you have, you'll all be paid the same
 
Response: TRUE BUT…
 
This provision simply clarifies that all physicians who participate in the Medicare program will continue to be paid the same amount, regardless of their specialty, for providing a specific service. That’s the way Medicare now works, and it would stay the same. For example, if you get an EKG from your primary care doctor, she gets paid the same amount as a cardiologist would get for doing the same EKG. Similarly, if a general surgeon operates on your broken wrist, he receives the same payment from Medicare as an orthopedic surgeon would get for doing the same operation.
 
The next set of claims all concern end-of-life counseling:
 
PG 425 Lines 4-12 Govt mandates Advance Care Planning Consultations. (seniors)
 
Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, durable powers of atty. Mandatory!
 
Pg 425 Lines 22-25, 426 Lines 1-3 Govt provides approved list of end of life resources, guiding you in death
 
Pg 427 Lines 15-24 Govt mandates program for orders for end of life. The Govt has a say in how your life ends
 
Pg 429 Lines 1-9 An "adv. care planning consult" will be used frequently as patients health deteriorates
 
PG 429 Lines 10-12 "adv. care consultation" may include an ORDER FOR END OFLIFE plans. AN "ORDER" from GOV
 
Pg 429 Lines 13-25 - The govt will specify which Doctors can write an end of life order.
 
PG 430 Lines 11-15 The Govt will decide what level of treatment you will have at end of life.
 
Response: ALL FALSE.
 
The bill would not require people to make end of life decisions or take any specific action, and suggesting otherwise is a misleading and cruel scare tactic. In fact, this bill would provide a new optional benefit to help individuals talk with their doctors in advance about difficult choices every family faces when loved ones near the end of their lives. This bill helps prepare for their care needs before they are in a crisis and ensure that their wishes —whatever those are—are respected.
 
This measure would allow Medicare to pay doctors for taking the time to talk with individuals about difficult end-of-life care decisions. Such consultations are not currently covered by Medicare. It would help provide people with better information on the positives and negatives—both physical and financial—that different treatments can mean for them and their families. 
 
Facing a terminal disease or debilitating accident, some people will choose to take every possible life-saving measure in the hopes that treatment will allow them more time with their families. Others will decide that additional treatment would impose too great a burden—emotional, physical and otherwise—on themselves and their families, declining extraordinary measures and instead choosing care to manage their discomfort. Either way, it should be their choice.
 
This measure would not only help people make the best decisions for themselves, but also better ensure that their wishes are followed.
Lizzie6345 says:

there are too may ifs if the health care reform. I am happy with what I have heard, and I am finding that AARP supports most of it. If after researching this area more, and find that AARP is not supporting the seniors as I see fit, I will be canceling my membership in 2010.
Posted: September 19, 2009 11:02AM EDT
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