Legislative Chair Report for 2014-2015

Posted by Admin on 08/12/2016 12:00 am  

Following our February NAHU Capitol Conference in Washington DC, I reported to you that the "the ACA is here to stay regardless of the Supreme Court decision, ACA is dramatically changing our industry, we need to influence its implementation to the extent we can, and meanwhile we must adapt our businesses to survive".

The June 25, 2015 Supreme Court decision in King vs. Burwell upheld a key component of the ACA, thereby preserving the Health Insurance Exchanges and nationwide tax subsidies for many participants. There are other challenges to ACA working through the court systems, but none appear likely to radically change the law. As I have said throughout the year, "ACA is here to stay".

One of my primary goals as your Legislative Chair for New Mexico has been to educate our public officials including legislators at the State and Federal levels on how to implement the law in a way which will preserve a viable health insurance system in which our members continue to play key roles for the consumers. I have done that by meeting repeatedly with our Congressional Representatives, Senators, and Governor, State legislators including the Speaker of the NM House, NM Insurance Superintendent, NM Health Insurance Exchange leadership, and key staff members of all these government players. Congresswoman Michelle Lujan Grisham invited me to serve on her Health Care Advisory Committee which I have been doing. She like our other legislators is listening to us and receptive to changes which serve the public's interest.

The "Devil is in the details" of the ACA. Implementation still is being worked out, and we as NAHU members still have the opportunity to influence the "how" of the details. An example of one such success is the appointment of Eva Jean Fomalont, one of NAHU's own key leaders, to serve on the NMHIX Board.

Challenges ahead at the State level include:

  • preserving self-insured plans,

  • assuring a role for brokers & agents in NMHIX,

  • Inclusion of a broker portal for individual marketplace when we have our own individual exchange.

  • creation of dedicated service hotline for certified agents and brokers.

At the national level,we are seeking changes in the law and its implementing regulations to include:

  • elimination of the planned expansion of the small employer marketplace to 1-100 employees in 2016,

  • elimination or significant modification to the "Cadillac tax",

  • restoring the traditional definition of "full time" employment back to 40 hours per week from the ACA standard of 30 hours,

  • changing how group policies are structured and priced,including limits on composite pricing for all employees of small businesses,

  • simplifying employer reporting requirements to allow reporting to be done on a prospective basis,

  • ensuring that consumers have the ability to elect the assistance of health insurance professionals at any time in the coverage process with that decision recorded,

  • Enhancing technologies which will allow agents, brokers and individual consumers better access to the federal marketplace via continued improvements to "healthcare .gov".

This is a challenge bigger than any one person. each of us as NAHU members needs to do our part to get these changes made to preserve a viable health care system in our Nation and our State, one in which we continue to play an essential role. That has been the challenge for the past year and will be for at least the next two years and more.

As Legislative Chairperson for NMAHU, I urge you to make your voice heard at every level of government. This is your future. 


Sherrie Williams

NMAHU Legislative Chair