Affordable Care Act Saved Medicare Recipients Billions on Prescription Drugs in 2011

The Obama administration reported that in 2011, the first full year of the new healthcare reform law, 3.6 million people in the Medicare program saved $2.1 billion on prescription drugs. According to Kathleen Sebelius, the Secretary of Health and Human Services, eventually healthcare reform will close the Medicare donut hole completely.

The "donut hole" is the informal name for the Medicare Part D coverage gap. When a Medicare beneficiary has a Part D prescription plan, the beneficiary is responsible for paying an initial deductible. Then, the beneficiary enters the initial coverage phase, where the beneficiary is responsible for paying a co-payment on all prescriptions while their insurance pays the remaining balance. After a Medicare beneficiary surpasses the prescription drug coverage limit for the year, however, the Medicare beneficiary is financially responsible for the entire cost of prescription drugs until the expense reaches the catastrophic coverage threshold. Then, insurance will again cover the primary cost of the prescriptions until the end of the year. This "gap" when the beneficiary must cover the entire cost of prescriptions is known as the "donut hole". These costs can be extremely burdensome on Medicare beneficiaries, which is why the Affordable Care Act's ("ACA") provisions that lower such costs are so appealing to beneficiaries.

According to the Detroit News, the savings on prescription drugs created by healthcare reform had a substantial impact on Michigan Medicare beneficiaries in 2011. More than 84,000 Michigan residents receiving Medicare benefits saved nearly $49 million on prescriptions in 2011. This amounted to an average savings of $582 on prescriptions for each Michigan Medicare beneficiary who hit the donut hole.

This savings is due to certain provisions in the ACA. Beginning in 2011, the ACA provided Medicare recipients a 50% discount on brand-name prescriptions. By 2020, these changes will effectively close the coverage gap and rather than paying 100% of the costs, beneficiaries' responsibility will be 25% of the costs.

Michigan Denied Health Law Waiver by Federal Regulators

In August, we reported that Michigan had submitted an application to the Department of Health and Human Services (HHS) requesting a waiver of the Affordable Care Act's (ACA) medical loss ratio requirements for its individual health insurance, claiming that without a phase-in to the medical loss ratio requirements, many insurers would stop offering insurance in Michigan. Under the ACA, health insurers must spend 80% (individual and small group revenue) to 85% (large group revenue) of premiums on direct care for patients and efforts to improve care quality. This percentage is called the medical loss ratio (MLR). Starting in 2012, insurers who come short of the MLR must provide a rebate to their customers under the ACA.

Michigan's waiver application requested a phase-in of the MLR requirements between now and January 1, 2014.

HHS denied Michigan's request in full, finding that research in Michigan showed that most of its insurers were either profitable or adjusting business models to meet the 80% standard. This, according to HHS, showed no intent by the insurers to stop offering insurance in Michigan, and consequently that no waiver was justified.

Of the 17 states that have asked for adjustments to the MLR requirements, six have been turned down, five received partial exemptions, and only Maine had its full request approved. The rest of the applications remain outstanding.

Smith Haughey Rice & Roegge will continue to monitor this decision and its impact on Michigan.