By Harris Meyer - Modern Healthcare
(Updated on Oct. 18)
In hopeful news for health plans, two key senators announced 
the outline of a bipartisan agreement Tuesday to stabilize the individual 
insurance market by extending cost-sharing subsidy payments to insurers for two 
years. 
Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.), the 
leaders of the Senate Health, Education, Labor and Pensions Committee, paired 
that Democratic demand with a Republican-sough plan allowing states to ease 
Affordable Care Act rules for the individual insurance market.
Healthcare 
industry groups generally welcomed the agreement, which could avert an 
unraveling of the individual market, much higher premiums and the exit of many 
insurers from the ACA exchanges.
But President Donald Trump has given 
mixed signals about his stance on the proposal, calling it a "short-term 
solution" in the Rose Garden, and the long-term answer would be giving states 
block grants to finance healthcare access, along the lines of the Graham-Cassidy 
Senate bill to repeal and replace the ACA that 
failed last month. 
He pulled back that support hours later during a 
Tuesday evening speech at the Heritage Foundation. While Trump praised 
Alexander's and Murray's work, he said, "I continue to believe Congress must 
find a solution to the Obamacare mess instead of providing bailouts to insurance 
companies."
A White House official said the statement meant to convey his 
opposition to the agreement.
Last week, Trump increased pressure on 
Congress to negotiate a deal by cutting off the cost-sharing reduction payments, calling 
them illegal payments because the money had not been appropriated by 
Congress.
Alexander said he hopes to release the market-stabilization 
bill later this week, in collaboration with Murray.
But it was unclear 
how open other congressional Republicans will be to any deal that they believe 
props up the Affordable Care Act.
"The GOP should focus on repealing and 
replacing Obamacare, not trying to save it," Rep. Mark Walker (R-N.C.), chairman 
of the ultraconservative Republican Study Committee, tweeted Tuesday. "This 
bailout is unacceptable."
According to Alexander and Murray, the painstakingly negotiated compromise bill would fund 
cost-sharing reduction payments to insurers for two years — including payments 
for the last three months of 2017 — and give states more leeway on insurance 
rules. 
It would speed the approval of ACA Section 1332 waivers allowing 
states to redesign their coverage systems, and relax the ACA's affordability 
rules for qualifying plans. Any alternative model to the ACA coverage system 
would have to "comparable affordability" for consumers.
The proposal also 
would make high-deductible, "copper" plans available to people of all ages 
rather than just to people up to age 30, as the ACA permits.
But, in a 
relief to provider and patient advocacy groups, the agreement would not change 
the ACA's requirement that all individual market and small-group plans cover 10 
categories of minimum essential benefits. Nor would it allow insurers to base 
premiums on customer's health status.
Without the cost-sharing reduction 
payments, projected to total $7 billion this year and $10 billion next year, 
insurers will face big financial losses for the last three months of 2017 and 
will have to raise premiums sharply in 2018. 
Insurers want the 
cost-sharing reduction payments restored, though they are concerned about 
provisions to let states relax ACA insurance market rules.
They and other 
healthcare industry groups were encouraged by the bipartisan initiative and hope 
Congress will move quickly to enact the package, though it may come too late to 
moderate 2018 premium hikes. In most states, those rates already 
have been set assuming the CSR payments would not be made.
"The most 
important thing is to have the CSRs funded," said Ken Janda, CEO of Community 
Health Choice, a safety-net plan in Houston, whose plan will lose at least $7 
million this month in federal CSR payments. 
Janda added that the bill 
would need some floor requirements for state flexibility on ACA requirements. "I wouldn't leave it 
wide open to the states," he said.
The Alexander-Murray agreement would 
restore $106 million in funding for enrollment outreach, which the Trump 
administration previously had slashed. ACA supporters have warned that 
enrollment of younger, healthier people will drop, driving up premiums, unless 
strong enrollment efforts are made during the upcoming open enrollment, which 
starts Nov. 1.
It also would ease the way for states to obtain federal 
funding for reinsurance programs that would reduce premiums, which insurers 
strongly support and which Alaska and Minnesota already have done. Janda said 
that's one of the most important actions states could take to lower 
rates.
Alexander and Murray said they have the "basic outlines" of an 
agreement but have differences to bridge, particularly over giving states 
"meaningful" flexibility on coverage rules. Asked what the stumbling blocks to 
the deal are, Alexander replied: "The definition of meaningful."
The 
agreement is not expected to stop Republicans from continuing to press for 
repeal and replacement of the Affordable Care Act.
The agreement "takes 
care of the next two years," Alexander said. "After that, we can have a 
full-fledged debate on where we go long-term on healthcare."
Senate 
Minority Leader Chuck Schumer and other Democrats expressed support for the 
Alexander-Murray agreement, though Democrats have concerns about whether 
Republicans may try to add provisions to further relax the ACA's consumer 
protections.
There are widespread concerns that Senate Majority Leader 
Mitch McConnell and other congressional GOP leaders are in no hurry to find a 
legislative vehicle for passing the market stabilization agreement because they 
are unenthusiastic about it. In addition, many Republicans want to focus on 
passing tax cuts and fear getting bogged down in another healthcare 
debate.
"It's never been clear that Alexander has anyone's consent to 
speak for the entire Republican world in this idea of a cutting a deal," said 
Rodney Whitlock, a Republican healthcare lobbyist and former Senate 
staffer.
"This is not a priority for McConnell," said Tom Daschle, the 
former Democratic Senate Majority Leader, who was generally pleased with the 
bipartisan deal but worried about its prospects for passage.
The problem, 
he said, is finding a legislative vehicle for the market stabilization package, 
and there are no easy or obvious candidates that have political momentum. "The 
best Alexander can hope for is that he can fold it into the omnibus (spending) 
bill at the end of the year. Right now, that is 50-50 at best."