theArena INDUSTRY NEWS MARKET NEWS REGULATORY NEWS Patience, but Potential, believing a top-of-the-ticket loss by the Like the presidential race, the in Cuba Market AFFORDABLE CARE ACT > SCOTT SINDER GOP to be inevitable either way, feel impact of a Republican victory on it’s more important to retain the soul the future of Obamacare is more While progress may be slow, there is of the party, even if it means Trump than a little unsettled. Trump movement in normalizing and developing U.S.- The Fix and his acolytes run a third-party has decreed the law a failure and Cuba relations, and companies with future business interest in the country would do Whoever our next president is, campaign. Some pollsters are starting promised to repeal it, but he’s well to engage now and be part of developing the ACA will be up for reform. to project a Trump ticket would cost offered no hint of what would strategic relationships in Havana. The Council What do we want? Here’s my Republicans the Senate and jeopardize replace it, other than the assurance the House majority. If those projections that it will be “great.” itself has joined Engage Cuba, a nonprofit wish list. dedicated to ending the travel and trade become more widespread, I think the Other Republican victors likely embargo on Cuba and facilitating relationships movement to oust Trump will begin to would pick up the House’s “repeal- between U.S. businesses and Cuba. We are at an interesting moment in echo more loudly. and-replace” mantra (I have lost P-C specialists take note: hurricanes, the presidential campaign cycle. On the What gets my blood churning about count of the number of votes for storm surge and earthquakes are particular Democratic side, Hillary Clinton has all this? Conjecture about what the repeal that have passed in the vulnerabilities on the island, and the government emerged as the presumptive nominee. different outcomes would mean for the House), but repeal and replace with typically “takes responsibility” for catastrophe In some respects, the Democrat’s future of Obamacare, of course. what? In fact, the first question, property losses. But a ride around the country makes it clear the state has limits on its financial campaign has been more competitive If Clinton is our next president, she if we ever get that far, might be: ability to rebuild after a significant event. than anticipated because Sen. Bernie is highly likely to continue to support Repeal what? There are two insurance companies Sanders has captured the imaginations the broad contours of the law and If you think of the private market currently operating in Cuba, both part of college students and resurgent to rebuff any efforts by a Republican components of the law in the most of state-owned Caudal Group. Empresa liberals across the country. Congress to make wholesale changes. basic terms, you could say they de Seguros Nacionales (ESEN) primarily The Republican race, of course, is She has, though, expressed disdain primarily encompass the following: insures agricultural business, though it also one for the ages. The Donald Trump for the Cadillac tax (inspired at least X Market reforms (like writes auto, liability and travel. Seguros phenomenon is the lead story almost in part by union abhorrence of that the guaranteed issue Internacionales de Cuba (EsiCuba) is a every night, and the party faithful have provision, which has not moved requirements that were commercial insurer for domestic companies never seemed so adrift. Card-carrying President Obama). She may also be wildly popular and based as well as foreign-owned businesses on the Republicans are beginning to divide open to raising the full-time employee on Republican ideas island, such as hotels. The Insurance Information Institute has into two camps—those who believe definition from 30 to 40 hours per week first proposed in written a white paper titled “Reopening for the party must line up behind Trump (another union-championed change), the 1990s) Business: What Renewed Ties Between the and those who prefer an establishment and she likely would support proposals XIndividual and U.S. and Cuba Mean for Property/Casualty candidate. Those in the latter camp, to simplify health plan reporting. business > > Insurers.” Download a copy at www.iii.org. REGULATORY NEWS TICKER participants in Prescription Drug Monitoring whistleblower retaliation goes to Gov. from claims databases insurers are required to executive director of Workers Compensation Program to use the program each time Pete Ricketts for signature. Guarantees report into. www.nh.gov/insurance Board. She was serving in acting capacity and Schedule II or III narcotics are prescribed. Sets confidentiality of complainant even if succeeds Mark Wade who joined Argo Group practitioner guidelines for prescribing opioids. allegations become public record. >> NEW MEXICO State Supreme Court rules as chief claims officer for U.S. operations.>> Requires add-on training for medical licensing New law authorizes direct primary care private prison operator may be held liable for Removes ban on professional mixed martial and law enforcement relating to treatment agreements allowing patients to pay medical rapes of inmates by guards. Warden can also arts competitions but raises insurance and prevention of substance abuse. >> State practitioners without going through insurance. be held liable for damages.www.osi.state.nm.us requirements for fighter injuries to $1 million Supreme Judicial Court rules workers comp www.doi.ne.gov/ for life-threatening brain injuries and requires insurer not allowed to place lien on money NEW YORK Names Celeste Koeleveld $50,000 for estate of fatally injured athlete. awarded in lawsuits against third parties to NEW HAMPSHIRE Insurance Department general counsel of Department of Financial State will also begin overseeing amateur claimants for pain and suffering, because website now offers comparison pricing on Services. She moves from role as executive bouts and is authorized to study funding those harms are not covered by workers dental care, prescription drugs and 31 new assistant corporation counsel at New York options for long-term care of fighters who compensation. www.mass.gov medical procedures. Also has a new guide on City Law Department. Also spent 20 years at develop degenerative brain conditions. >> obtaining and managing health insurance. U.S. Attorney’s Office for Southern District Citizen Preparedness Corps, created in 2014 NEBRASKA Bill protecting nurses from Draws information on prices and procedures of New York. >> Appoints Mary Beth Woods after Superstorm Sandy, breaks 100,000 26 LEADER’S EDGE MAY 2016 Send company news to [email protected]. theArena INDUSTRY NEWS MARKET NEWS REGULATORY NEWS Obamacare. Revisiting the pre-tax HHS to establish a national benchmark AFFORDABLE CARE ACT treatment of employee-paid premiums, plan that would have been the base for example, and/or thinking about offering in the individual and small- > > coverage mandates (and the associated allowing subsidized individual plans group markets. The plan was to include penalties and reporting requirements) to be sold via private exchanges could coverage for each essential health benefit X Subsidies reshape the debate. category included in the statute. The “Today’s decision is a X Public exchanges (and the associated As an industry, we need to come to law dictates that any state imposing individual and small-group market terms with what we would like to see mandates beyond the benchmark plan significant blow to reforms like community rating) happen and, conversely, what would be requirements would be responsible X The Cadillac tax unacceptable. Here’s my wish list: for paying the subsidy associated with federal attempts X Wellness. The impact of a X Repeal the Cadillac tax. the premium for those mandates. We to regulate large The dilemma for Republican victory X Reform the non-discrimination expected to get a very economical and the repeal-and-replace on the future of requirement to clarify that it basic national benchmark plan and there nonbank financial supporters is that the is satisfied as long as all full- would be widespread mandate reform. companies.” market reforms (most Obamacare is time employees are eligible to HHS punted and issued rules—that notably guaranteed issue), more than a little participate in all plan offerings I believe are wholly at odds with the —Dave Postal, Washington Analysis LLC, on D.C. Federal District Court’s ruling that the Financial the mandates and the unsettled. on terms at least as favorable statutory requirement—allowing each Stability Oversight Council erred in designating subsidies are inextricably as those offered to higher-paid state to determine its own benchmark MetLife as a systemically important financial linked. Carriers, for example, believe they personnel. plan and decreeing that any mandate institution must have mandates if there are going X Eliminate the medical loss ratio required by a state prior to 2011 could be to be guaranteed issue requirements. If rules, which appear to create perverse maintained without subjecting the state you eliminate the employer mandate, management incentives. to any subsidy obligations. Opportunity the subsidies become even more cost X Simplify the employer reporting lost. At least to date. prohibitive. And without the subsidies, procedures. A new administration—Clinton, “The whole world the individual mandate may be X Implement a standard national Trump or a Republican to be named unaffordable for many Americans. benchmark plan, as the law already later—will have the opportunity to pick was somewhat Any path forward for a purports to require. up the cudgel here. Our mission is to Republican administration I have written about the standard make sure our wishes become theirs. surprised.” —AIG CEO Peter Hancock, on CNBC, discussing easily could involve attempts national benchmark plan repeatedly, Sinder, The Council’s chief legal officer, to broaden the reform but it should be a significant benefit Judge Rosemary Collyer’s rejection of SIFI status is a partner at Steptoe & Johnson.