UPDATE 7/26/22: Apparently this case is scheduled to be heard by TX District Judge Reed O'Connor today.

UPDATE 9/07/22: Annnnd there it is, via SCOTUS, legal & political journalist Chris Geidner:

BREAKING: US District Judge Reed O’Connor in Texas rules that requiring employers to provide coverage for PrEP drugs (preventing the transmission of HIV) violates the religious rights of employers under federal law (RFRA).

...O’Connor also rules that the U.S. Preventive Services Task Force (PSFT) violates the Appointments Clause because he finds the members are officers of the United States not appointed properly.

...O’Connor rejects several other claims, as to Appointments Clause claims and as to the nondelegation doctrine.

Colorado

Moments ago via the Colorado Division of Insurance:

Reinsurance continues to save Coloradans money on health care, while the Colorado Option Plan is included for the first time.

DENVER - The Colorado Division of Insurance (DOI), part of the Department of Regulatory Agencies (DORA), has released preliminary information about the health insurance plans and premiums for 2023 -- for the individual market (meaning health insurance plans for people who don’t get their insurance from an employer) and the small group market (for small businesses with 2-100 employees).

The initial review by the DOI of the insurance companies’ filings for 2023, indicate that the overall average consumer impact on premiums in the individual market will be an 11.3% increase over 2022 premiums. These are the health insurance plans available to individuals on Connect for Health Colorado, the state’s health exchange made possible by the Affordable Care Act (ACA).

Tennessee

Tennessee has posted their preliminary 2023 individual & small group market health insurance rate filings. For the most part they're fairly straightforward: The individual market is looking at average rate increases of around 9%, assuming they're approved as is by state regulators, while the small group market averages around +2.9% overall.

A couple of noteworthy items, however:

Delaware

David Anderson, ten days ago:

Is anyone other than @Highmark ever going to offer ON-Exchange products in #Delaware?

And if not, will HIGHMARK ever price to maximize on-exchange affordability as a sole issuer?

— David Anderson (@bjdickmayhew) July 1, 2022

Today:

Company Legal Name: Aetna Health, Inc.
State: DE HIOS
Issuer ID: 67190
Market: Individual
Effective Date: 01/01/2023

The development of the rates reflects the impact of the market forces and rating requirements associated with the Patient Protection and Affordable Care Act (PPACA) and subsequent regulation. These rates are for plans issued in Delaware beginning January 1, 2023. The rates comply with all rating guidelines under federal and state regulations. The filing covers plans that will be offered on and off the public Marketplace in Delaware.

CMS Logo

Via the Centers for Medicare & Medicaid Services:

Today, the U.S. Department of Health and Human Services (HHS) announced new guidance and communication to ensure all patients — including pregnant women and others experiencing pregnancy loss — have access to the full rights and protections for emergency medical care afforded under the law. This announcement follows President Biden’s executive order on reproductive health issued Friday.

This was actually issued a few days ago but I'm running behind this week...

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Policy.  Nearly 50 years ago, Roe v. Wade, 410 U.S. 113 (1973), articulated the United States Constitution’s protection of women’s fundamental right to make reproductive healthcare decisions.  These deeply private decisions should not be subject to government interference.  Yet today, fundamental rights — to privacy, autonomy, freedom, and equality — have been denied to millions of women across the country.

Connecticut

Ouch. Via the Connecticut Insurance Dept:

The Connecticut Insurance Department has posted the initial proposed health insurance rate filings for the 2023 individual and small group markets. There are 13 filings made by 9 health insurers for plans that currently cover approximately 206,000 people.

Anthem, ConnectiCare Benefits Inc. (CBI) have filed rates for both individual and small group plans that will be marketed through Access Health CT, the state-sponsored health insurance exchange. ConnectiCare Insurance Company, Inc. has filed rates for the individual market on the exchange.

Harvard Pilgrim Health Care and HPHC have decided to leave the CT market and will no longer offer new business small group health plans. They will only renew existing plans through the end of their appropriate plan years.

The 2023 rate proposals for the individual and small group market are on average higher than last year:

As I noted a couple of weeks ago, Sword of Damocles dangling over the. head of extending the enhanced premium subsidies temporarily included as part of the American Rescue Plan has been circling the runway in an on-again, off-again pattern for the past month or two.

I know I mangled several metaphors there, but the bottom line is that it's starting to look like Senate Democrats may end up bringing it in for a landing after all. Yesterday, via Benjy Sarlin & Sahil Kapur of NBC News:

Manchin weighs options for extending ACA funding to avert premium hikes

Rate Changes

I'm about 1/3 (update: make that 2/3) of the way through my Annual Individual & Small Group Market Rate Filing project, having analyzed & crunched the numbers for 18 36 states + DC. This seems like a good time to step back and see where things stand.

So far, I've compiled the preliminary unsubsidized average premium rate filings for both the ACA-compliant individual and small group markes in Akransas, Colorado, Connecticut, Delaware, DC, Georgia, Hawaii, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Rhode Island, Tennessee, Vermont and Washington State. It's important to remember that these are preliminary filings only--many of the carriers will have their final 2023 rate changes reduced, although in most cases they tend to be approved as is, and in some cases they're even increased beyond what the carrier originally requested.

It's also important to note that these 18 states + DC only represent around 30% of the total U.S. population...aside from New York, the other big states (California, Florida, Texas, Pennsylvania, etc.) haven't posted their 2023 filings yet.

Georgia

Georgia's health department doesn't publish their annual rate filings publicly, but they don't hide them either; I was able to acquire pretty much everything via a simple FOIA request which was responded to within an hour of my asking.

There's one significant development apiece in Georgia's individual & small group markets:

INDIVIDUAL: A few years ago, Georgia's GOP Governor, Brian Kemp, put in a request to the Centers for Medicare & Medicaid Services (CMS) for what's known as a Section 1332 State Innovation Waiver. If approved, these waivers allow individual states to modify how the ACA operates in their state as long as they can prove that the changes would a) cover at least as many residents b) at least as comprehensively without c) increasing federal spending in the process.

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