During Healthcare Enrollment Period, King Seeking Improved Consumer Protections Surrounding 'Junk Plans'
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- Senator joins colleagues seeking action on links on the HealthCare.gov website that re-direct customers to third-party online brokers that sell junk plans on their websites.
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"We are extremely concerned that the increased availability of junk plans and lack of oversight by CMS will cause consumers who believe they are purchasing ACA-compliant health plans to inadvertently sign-up for junk plan coverage that is less comprehensive and could expose them to higher out-of-pocket costs," wrote the Senators. "Americans who purchase these junk plans risk being denied coverage for pre-existing conditions and left vulnerable to unexpected gaps in coverage and massive medical bills in the case of health care emergencies.
"Short-term, limited-duration insurance plans were never intended to be an alternative to comprehensive health coverage and pose dangerous risks for consumers. In 2018, the
The full letter the letter can read below or downloaded HERE: https://www.shaheen.senate.gov/imo/media/doc/2019-11-20-Letter%20to%20HHS%20OIG%20and%20CCIIO%20on%20Junk%20Plans%20and%20Brokers.pdf
The Honorable
The Honorable
Dear Director Pate and Acting Inspector
As the Open Enrollment period for health insurance coverage for 2020 continues, we write to express concern regarding the increased promotion of short-term, limited-duration insurance plans, also known as "junk plans," to consumers seeking coverage on the federal Health Insurance Marketplaces. We are concerned that the
We are extremely concerned that the increased availability of junk plans and lack of oversight by CMS will cause consumers who believe they are purchasing ACA-compliant health plans to inadvertently sign-up for junk plan coverage that is less comprehensive and could expose them to higher out-of-pocket costs. Americans who purchase these junk plans risk being denied coverage for pre-existing conditions and left vulnerable to unexpected gaps in coverage and massive medical bills in the case of health care emergencies.
Short-term, limited-duration insurance plans were never intended to be an alternative to comprehensive health coverage and pose dangerous risks for consumers. In 2018, the Trump Administration expanded the maximum coverage duration for junk plans from 90 days to 364 days, allowing for these plans to be easily confused with year-round comprehensive coverage that meets the ACA's standards.
Insurance brokers are now aggressively marketing junk plans to consumers--including consumers who come to the HealthCare.gov portal seeking comprehensive coverage and then click on links that re-direct them to web brokers and phone-based broker services.
Commissions that these brokers receive for enrolling a customer in a junk plan are often up to four times as high as the commissions that brokers would receive for enrolling the individual in an ACA-compliant plan. This creates inherent incentives for brokers to push customers to purchase a junk plan, even when tax credits may be available to help defray the cost of an
Consumers should be able to trust that when using a government-operated platform such as HealthCare.gov, they will not be subject to aggressive or misleading marketing techniques by third-parties that are incentivized to steer individuals to a substandard product. Not only has CMS failed to make consumers aware of the commission payment incentives that exist for brokers to enroll customers in junk plans, but it is also uncertain whether the agency has procedures in place to track what happens to customers who are re-directed to third-party broker sites.
It is also unclear what statutory authority CMS relies upon to authorize the re-direction of HealthCare.gov customers toward third-party broker entities that sell ACA-compliant coverage and junk plan coverage on the same platforms. Section 1311(d)(2)(B)(i) of the ACA prohibits an Exchange from taking action to "make available any health plan that is not a qualified health plan" and does not meet the ACA's coverage standards. By allowing HealthCare.gov customers to be re-directed to third-party brokers that can sell the customer a junk plan during the same interaction, the federal Exchange would appear to be "making available" health plans that are not qualified health plans under the ACA. By using either CMS program management funds or federal
Furthermore, on
We ask that you please provide us with a written response to the following questions by no later than
1. Please explain the statutory authority that CMS relies upon to direct HealthCare.gov customers to third-party insurance brokers who sell both ACA-compliant qualified health plans and junk plans on the same platform.
2. Please detail the resources that CMS has expended to direct HealthCare.gov customers to third-party insurance brokers who sell both ACA-compliant qualified health plans and junk plans on the same platform, and detail the authority that allows CMS to expend resources in that way.
3. Please provide an accounting of the
4. Please provide the total number of consumers who received the
5. Please detail the policies and procedures implemented by CMS to ensure that agents and brokers comply with the guidelines established in the CMS-approved vendor training that they are required to complete in order to sell insurance through HealthCare.gov. How does CMS ensure that agents or brokers using third-party sites such as HelpOnDemand.com remain in compliance with the HealthCare.gov vendor training?
6. Please describe what controls CMS has implemented to ensure that consumers who qualify for cost-sharing subsidies or are eligible for enrollment in Medicaid or Medicare are properly informed of their eligibility if they are directed away from HealthCare.gov and attempt to enroll in coverage through third-party sites such as HelpOnDemand.com.
We are calling on HHS and CMS to take action to limit the availability of junk plans and take steps to ensure that consumers using HealthCare.gov are being offered comprehensive health insurance, receiving premium tax credits, and being enrolled in Medicaid, if eligible. Furthermore, CMS should take action to hold insurance brokers accountable when they mislead HealthCare.gov customers and misrepresent junk plans as safe alternatives to ACA-complaint health insurance coverage. During this year's Open Enrollment period, it is essential that you act fast in order to protect consumers.
[1]
[2] See Affordable Care Act section 1311(b); See also Anti-Deficiency Act (Pub. L. 97-258) and OMB User Fee Circular (Circular No. A-25 Revised).
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