Biz Groups Push For ACA Subsidies In New Virus Relief Bills

By Danielle Nichole Smith
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Law360 (April 28, 2020, 8:13 PM EDT) -- The U.S. Chamber of Commerce, American Hospital Association and others urged Congress on Tuesday to include measures protecting health care coverage, such as increased Affordable Care Act subsidies and offset COBRA payments, in its next batch of coronavirus legislation.

In a letter, the business organizations noted that the COVID-19 crisis has put an unprecedented burden on the nation's health care industry and stressed the economy, resulting in tens of millions of people becoming unemployed.

Since more than 180 million Americans get their health coverage from their employers, it is crucial for Congress to "take immediate action" to help both employers and workers by protecting access to "high quality, affordable health care coverage," which includes the "social safety net of unemployment insurance and Medicaid," the organizations said.

"Employers need more support — and workers need to be able to continue their stable, secure coverage," the organizations wrote to Congress. "As you consider the next round of legislation to overcome COVID-19, we urge you to prioritize maintaining private health benefits for individuals and families and to increase coverage options for those who are already uninsured."

The organizations asked Congress to give employers temporary subsidies so that they can avoid cutting their workers' benefits and to give people who have lost their jobs direct subsidies to offset the cost of Consolidated Omnibus Budget Reconciliation Act, or COBRA, coverage.

The letter also called for a special ACA enrollment period for those who lack insurance, and an increase in eligibility for ACA subsidies to provide financial assistance to more people. The organizations further suggested temporarily lowering the cost of premiums.

A temporary lifting of the restrictions on health savings accounts, which currently cannot be used to pay premiums, was also proposed in the letter.

The organizations argued that those measures would be more effective than the U.S. Department of Health and Human Services using part of the $100 billion that was added to the Public Health and Social Services Emergency Fund under the Coronavirus Aid, Relief, and Economic Security Act to cover the cost of uninsured people.

"This approach will quickly deplete the Emergency Fund and not provide the benefits of comprehensive coverage, which include protections against preexisting conditions and establishing a regular connection between patients and care providers," the organizations said.

The letter was addressed to House Speaker Nancy Pelosi, D-Calif., and House Minority Leader Kevin McCarthy, R-Calif., and Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y. More than 30 organizations signed the letter.

--Editing by Adam LoBelia.

For a reprint of this article, please contact reprints@law360.com.

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