Healthcare Reform Opponents Pin Hopes On Florida Hearing.

The Los Angeles Times (9/13, Savage) reports, "The conservative counterattack on President Obama's overhaul of health insurance will take center stage in the courts this week when Republican state attorneys general and a leading small-business group urge a federal judge in Florida to strike down the law before it can take effect. They contend Congress does not have the power under the Constitution to require all Americans to have health insurance." Initially, the lawsuit appeared "to be a long shot," and "legal experts on the left and right said that, since the late 1930s, the Supreme Court has said Congress has broad power to regulate all aspects of the economy." Yet, "on the eve of the court hearing in Florida, some defenders of the law acknowledge that they are less confident that a judge will toss out the lawsuit entirely."

        The Wall Street Journal (9/13, Jones, subscription required) reports that the Florida suit against the healthcare law was filed by two Washington, DC attorneys, David Rivkin and Lee Casey, and although it is only one of several such lawsuits, the case has garnered much attention because it was filed on behalf of 20 state AGs and other groups. These attorneys argue that the law is unconstitutional, and that the government has overstepped its authority in attempting to compel individuals to purchase health insurance. Some legal experts, however, contend that the states lack standing, and that the suit will be thrown out.

Brokers May Minimize Stress, Help Consumers Find Best Health Insurance Options.

The New York Times (9/11, Parker-Pope) "Well" blog, noting that "consumers who are shopping for their own health insurance have the option of hiring a broker," referred readers to the Patient Money column to "learn more."

        The New York Times (9/11, B5, Alderman), Patient Money column recommends that self-employed individuals looking for a broker should tap "friends and family." Moreover, the National Association of Health Underwriters "has a good" online tool to help consumers find agents by geographical area. To "find out if any complaints have been filed" against a broker, "contact your state's insurance department." The most common complaints are about "someone who isn't really a broker but claims to be one. 'If you see a sign on a telephone pole about insurance and call the number, the odds are that the person calling you back isn't a real broker. ... And the coverage may not be real insurance,'" said NAHU CEO Janet Trautwein. The phone numbers "for all 50" state insurance commissioners "are available at the National Association of Insurance Commissioners' website."

        Expert Says Insurance Brokers, Agents May Do Well Under Health Reform. The Hill (9/11, Pecquet) reported in its Healthwatch blog, "Healthcare economist Uwe Reinhardt writes in a new column that health insurance agents and brokers might thrive under health reform despite much hand wringing within the industry." Notably, the "column comes in response to recent arguments that the new law's health exchanges will simplify the purchase of insurance to such a degree that brokers will become irrelevant, much like online flight ticketing bankrupted travel agents. Brokers say their predicament is worsened by the law's medical-loss ratio requirements that will encourage health plans to stop paying broker commissions and instead spend more on care."

Senate Democrats Back Repeal Of Health Law Tax Provision.

The New York Times (9/12, A25, Pear) reported, "Many Democrats have joined Republicans in pushing for the repeal of a tax provision in the new healthcare law that imposes a huge information-reporting burden on small businesses. To improve compliance, the law requires businesses to file a 1099 tax form identifying anyone to whom they pay $600 or more for goods or merchandise in a year." According to the Times, the White House "is nervous about a repeal, fearing that it could set a precedent for rolling back other unpopular features of the law." The Times noted that in July, "239 House Democrats voted for repeal." The Times identified Sens. Bill Nelson, Blanche Lincoln, Evan Bayh, Mark Begich, Ben Nelson, and Jeanne Shaheen as being among those Democrats critical of the bill.

WSJournal: Administration Trying To Intimidate Insurers On Health Reform.

The Wall Street Journal (9/13, A20, subscription required) says in an editorial that on Friday, President Obama said that healthcare costs were going to increase because 30 million more people will be insured under the overhaul. But, this was not what the Democrats told Americans before the law was enacted, and just last week, HHS Secretary Kathleen Sebelius warned insurers to stop claiming that they were increasing premiums because of health reform. Indeed, Sebelius wrote that "there will be zero tolerance for this type of misinformation and unjustified rate increases." The Journal says that the Administration is attempting to bully insurers, particularly in light of Sebelius' threat that those insurers who persist in making such claims will be barred from selling policies through the exchanges which will take effect in 2014.

        ChiTribune: Administration Attempting To Silence Truth Voiced By Insurers. The Chicago Tribune (9/13) editorializes, "President Obama's health care reform plan...is not terribly popular with the American people." While the "administration can't tell the public to stop grousing," it can attempt "to silence health insurers who have the nerve to say out loud what basic economic theory indicates." This is precisely what HHS Secretary Kathleen Sebelius "did the other day in a letter to the head of America's Health Insurance Plans, a trade group. She complained that some insurance companies are saying that they have had to raise premiums because of the new law." Sebelius wrote that "we will not stand idly by as insurers blame their premium hikes and increased profits on the requirement that they provide consumers with basic protections," yet, the Tribune says that "there is every reason to think this alleged libel is true."

USA Today: More Americans Covered For About The Same Cost Under Health Reform.

USA Today (9/13) editorializes, "For anyone concerned about rising health costs and their effect on the economy, consider this grim new projection: By 2019, the nation's health care bill will have surged to $4.6 trillion, or nearly 20 cents of every dollar spent in America. That comes to $13,652 per person, up from $8,389 last year." While this may cause some to question the impact of the new healthcare law, the paper says that "the controversial reform measure has enough cost controls to deliver protections to more Americans for roughly the same money as would have been spent otherwise. What it doesn't have is enough controls to prevent health care from growing at unsustainable rates much higher than inflation," but "that's not a reason to repeal health reform...it is reason to revisit it."

        Pataki: Health Reform Responsible For Premium Increases. Former New York governor and chairman of Revere America George Pataki writes in a USA Today (9/13) dissenting view, "This month, with support for ObamaCare continuing to erode, a Democrat-led group is ramping up a multimillion-dollar national ad campaign to rescue the new law. At the same time, Health and Human Services Secretary Kathleen Sebelius wrote the health insurers' national association demanding they stop using 'misinformation and scare tactics' to blame 2011 premium increases on ObamaCare." But the reality is that Americans were "terribly misled about" the healthcare law. Pataki adds, "We were told that ObamaCare would drive down the costs of health care. Yet just this week health insurers asked for premium increases of up to 9% solely because of ObamaCare."

Schwarzenegger Signs Controversial MediCal Hospital Bill.

The Sacramento Business Journal (9/13, Robertson) reports that last week, hospitals in California "took a giant step closer to receiving $2.6 billion" in additional MediCal funding. Gov. Arnold Schwarzenegger signed AB 1653, which allows hospitals to "tax themselves to increase federal funding for healthcare services to the poor." According to California Hospital Association spokesperson Jan Emerson, the hospital-fee program "still needs final approval by CMS." After the agency approves it, "hospitals will pay the fee"; and funding "should begin...about two weeks later." The program, however, "is controversial" because under CMS requirements, "those that do a lot of MediCal business stand to get a lot of money, while hospitals that care for few poor patients will pay the fee and get little back." According to Emerson, 19 hospitals and "two health systems" -- Kaiser Permanente John Muir -- will not benefit.

Legislation To Prevent Medicare Physician Reimbursement Cut Anticipated.

CQ Weekly (9/13, subscription required) reports, "Action is likely in both chambers after the midterm elections on legislation to prevent a cut in the Medicare pay rate to doctors." While "no legislation to extend the fix currently exists in either chamber...lawmakers will almost certainly take a shot at preventing the cuts, as they already have three times this year. That attempt will probably come during a lame-duck session in November as the deadline forces lawmakers to address the issue." The American Medical Association "and other groups are holding out for a permanent solution, while others such as AARP -- the advocacy group for people age 50 and older -- have thrown their support behind the longest extension possible in the current legislative environment."

Wisconsin State Laws Make Changing Public Workers' Generous Health Benefits Difficult.

The Milwaukee Journal Sentinel (9/13, Boulton, Stein), noting that that there is a significant health benefits gap "between public and private sectors," reports that Milwaukee County Executive Scott Walker, a "Republican gubernatorial candidate," and Milwaukee Mayor Tom Barrett, the "Democratic candidate, each have proposals to lower health benefit costs." Walker wants to "make it easier for school districts and local governments to buy insurance through a state-run health benefits program." Barrett would require "local governments to insure their workers through a similar program." But both proposals "require legislation"; and current state law "makes it difficult if not impossible to make any changes in health benefits without the approval of the unions." Moreover, state law says public workers' health benefits "are subject to collective bargaining"; and arbitration cases are "determined largely by what similar municipalities" pay their workers.

California Medical Association Sues Blue Shield Of California Over Physician Rating Program.

The Sacramento Business Journal (9/10, Robertson) said the "California Medical Association filed a class action Friday that alleges Blue Shield of California has launched an inaccurate physician rating program that potentially harms doctors and their patients by spreading misinformation and failing to accurately assess patient care." The lawsuit "alleges Blue Shield went public with the program in June even though the company was aware it was flawed." The complaint "seeks a court order to halt the program" and "inform the public of its deficiencies." In addition, it wants "monetary relief and damages." Blue Shield countered in a written statement: "Blue Shield proactively notified physicians of our plans and strongly encouraged them to avail themselves of this process."

Officials Launch Campaign To Enroll More Children In Ohio Medicaid.

The Cincinnati Enquirer (9/10) said "state and federal health officials have launched a marketing campaign to enroll as many as 77,000 Ohio children in Medicaid who are currently eligible but don't have insurance." Leaders of the Ohio Children's Health Insurance Program, "called Healthy Start, say there are about 19,000 children in Greater Cincinnati who meet federal standards for the program but are not enrolled." Nationally, "there are 5 million children who are eligible but not enrolled," the paper said.

More Low-Income Florida Families Enrolling Children In KidCare.

The St. Petersburg Times (9/13, Martin) reports, "Fifteen months after Gov. Charlie Crist signed a law making it easier for low-income families to get health insurance for their children, more people are doing just that." Data show that "enrollment in the state's KidCare program has increased more than 15 percent since then," and the "increase is coming in all parts of KidCare; children's Medicaid, for the poorest families, now has more than 1.5 million enrollees. More than 255,000 are enrolled in the three levels of SCHIP (State Children's Health Insurance Program), geared for families with more income." The poor economy and other factors have played a role in this increase, as has HHS Services Secretary Kathleen Sebelius' "nationwide challenge to enroll 5 million more children into SCHIP and Medicaid programs."."

Medicare Project Expands Home Visits.

The Los Angeles Times (9/13, Andrews) reports, "For frail, elderly people with multiple health problems, bringing the medical establishment to the patient makes sense." The healthcare overhaul "creates a three-year Medicare demonstration project to test the home visit concept on 10,000 Medicare enrollees who were the sickest and most expensive to treat." Participating healthcare organizations "won't receive any money up front. If they succeed in cutting treatment costs by 5%, improving health outcomes and getting positive patient reviews, the groups share in any further savings. The program is slated to begin by January 2012, but some are pushing for a faster start." Proponents "say the project is a recognition of the increasing importance placed on growing old at home rather than in institutions."

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