What we're experiencing now in Washington, D.C., doesn't happen often. Seldom does the arrival of a new Congress and Administration raise the prospect of widespread, broad and rapid changes in public policy. As President Trump gets accustomed to his new digs at 1600 Pennsylvania Ave., and the Republican majority in Congress prepares its proposals, a real chance exists for significant change.
This kind of singular political alignment, where one party controls both the executive and legislative branches of government, occurs infrequently in modern times and is usually short-lived. Still, we are in for some significant changes. Let's look at a few that touch on insurance.
|Health care
One of Donald Trump's main campaign pledges was to "repeal and replace" the Affordable Care Act (ACA), known as Obamacare. Republicans in Congress are fully supportive of getting rid of the ACA. But since the election, there have been indications that doing so may not be something that can be done quickly.
In the week before the presidential inauguration, signs began to appear that changes in healthcare may be more complicated than some thought. Although the GOP in the House voted more than 40 times to repeal the ACA, their plan to replace it is still being developed. President Trump promised that repeal and replacement will happen either simultaneously or in quick succession. He also said he would try to keep Obamacare's provisions barring pre-existing condition exclusions and allowing adult children to stay on their parents' plans until the age of 26. Some Republicans are now advocating for having a replacement plan done before acting on repeal.
A new report by the non-partisan Congressional Budget Office (CBO) says that if Congress repeals major provisions of the Affordable Care Act (ACA) while leaving other parts intact, 18 million people could lose their health insurance within a year, 32 million people could lose coverage by 2026, and individual insurance premiums could double. All of this indicates that "repeal and replace" is a big job that will take time.
"You won't find a bigger supporter of a prompt and speedy reform of the ACA than the Insurance Commissioner of North Dakota," said North Dakota's Republican Insurance Commissioner Jon Godfread in a recent letter to congressional leaders. "The last thing America needs is another hastily-passed health care law without proper and prudent input from stakeholders across the country." Godfread urged lawmakers to "return the authority for health insurance back to where it belongs," the states.
No matter what shape healthcare reform ultimately takes, PIA will continue to support legislation to ensure that agent and broker commissions are excluded from the calculation of a medical loss ratio under the ACA, and that the "Cadillac Tax" (the 40 percent excise tax on "overly generous" employer-sponsored health plans set to take effect in 2020) be repealed.
|Small business and tax reform
This will be an easier lift for Congress. Lawmakers will continue to consider legislation to permanently stop implementation of the U.S. Department of Labor's overtime rule, which has been halted by a court injunction.
A host of policies and legislative proposals seen as positive for business can be expected from Congress and the Trump Administration. These will run the gamut from tax reductions to regulatory relief.
|Repeal of the Federal Insurance Office
As part of the effort to roll back regulations under the Dodd-Frank Wall Street Reform and Consumer Protection Act, in late November PIA was the first industry group to call for repeal of the Federal Insurance Office (FIO). Subsequently, the National Association of Insurance Commissioners came out in support of FIO repeal, and others are expected to follow suit shortly. PIA Vice President of Government Relations Jon Gentile spoke for FIO repeal during a meeting with the Trump Transition Team in early January.
The U.S. insurance industry is regulated effectively and efficiently by the states. An insurance office within the federal bureaucracy is unnecessary.
|Flood and Crop Insurance
Two issues important to insurance agents are coming up soon.
The National Flood Insurance Program (NFIP) expires Sept. 30, 2017, and needs to be reauthorized; the current Farm Bill, set to expire in 2018, must also be renewed.
Throughout 2016, PIA worked closely with Congress and other insurance stakeholder groups to lay the groundwork for legislative action on NFIP reauthorization. Priorities include:
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A long-term reauthorization of the program to ensure stability for consumers;
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Cultivation of growth in the private flood insurance market as a complement to the NFIP;
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Elimination of the non-compete clause in the Write-Your-Own (WYO) Arrangement, which would allow WYO companies to sell stand-alone private flood insurance outside of the NFIP;
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Gradual movement to risk-based rates to make the program more financially sound; and
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Continuation of grandfathering of rates so that properties can be transferred between owners without coverage disruption or surprise.
Since the current Farm Bill was enacted in March 2014, insurance agents have repeatedly turned back attempts by the Obama Administration to slash funding for the Federal Crop Insurance Program. With a new administration, there is optimism that support for the crop insurance program and the continuing role of the agent in delivering it will build in advance of the 2018 reauthorization of the Farm Bill.
Over the past several years, agents have achieved a series of legislative wins, including passage of the Policyholder Protection Act, the Protecting Affordable Coverage for Employees Act, the National Association of Registered Agents and Brokers, renewal of the Terrorism Risk Insurance Act, a delay until 2020 in the implementation of the ACA Cadillac Tax, and the reversal of a planned $3 billion cut to crop insurance.
With new political leadership in Washington, D.C., there is reason for great optimism.
Ted Besesparis is senior vice president of the National Association of Professional Insurance Agents, Alexandria, Va.
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