WASHINGTON (AP) -
Its place assured alongside Medicare and
Medicaid, President Barack Obama's health care law is now in a sprint to
the finish line, with just 11 months to go before millions of uninsured
people can start signing up for coverage.
But there are hurdles in the way.
Republican governors who
derided "Obamacare" will now have to decide whether they somehow can
join the team. And the administration could stumble under the sheer
strain of carrying out the complex legislation, or get tripped up if
budget talks with Congress lead to scaling back the plan.
"The clarity brought about
by the election is critical," said Andrew Hyman of the nonpartisan
Robert Wood Johnson Foundation. "We are still going to be struggling
through the politics, and there are important policy hurdles and
logistical challenges. But we are on a very positive trajectory." Hyman
oversees efforts to help states carry out the law.
In the two years since
passage of the Affordable Care Act, the Obama administration has been
consumed with planning and playing political defense. Now it must
execute.
States must notify
Washington a week from Friday whether they will be setting up new health
insurance markets, called exchanges, in which millions of households
and small businesses will shop for private coverage. The Health and
Human Services Department will run the exchanges in states that aren't
ready or willing.
Open enrollment for exchange plans is scheduled to start Oct. 1, 2013, and coverage will be effective Jan. 1, 2014.
In all, more than 30
million uninsured people are expected to gain coverage under the law.
About half will get private insurance through the exchanges, with most
receiving government help to pay premiums.
The rest, mainly low-income
adults without children at home, will be covered through an expansion
of Medicaid. While the federal government will pay virtually all the
additional Medicaid costs, the Supreme Court gave states the leeway to
opt out of the expansion. That gives states more leverage but also adds
to the uncertainty over how the law will be carried out.
A steadying force within
the administration is likely to be HHS Secretary Kathleen Sebelius. The
former Kansas governor has said she wants to stay until the law is fully
enacted. "I can't imagine walking out the door in the middle of that,"
she told The Kansas City Star during the Democratic convention. Her
office declined to comment.
Republicans will be leading more than half the states, so governors are going to be her main counterparts.
Some, like Rick Perry of
Texas and Rick Scott of Florida, have drawn a line against helping carry
out Obama's law. In other states, voters have endorsed a hard stance.
Missouri voters passed a ballot measure Tuesday that would prohibit
establishment of a health insurance exchange unless the Legislature
approves. State-level challenges to the federal law will continue to be
filed in court.
But other GOP governors
have been on the fence, awaiting the outcome of the election. All eyes
will be on pragmatists like Chris Christie of New Jersey and Bob
McDonnell of Virginia, whose states have done considerable planning of
their own to set up exchanges.
"Republican governors are
at the center of the health care universe right now," said Michael
Ramlet, health policy director at the American Action Forum, a
center-right think tank. "They do not have a uniform position across the
board."
GOP governors are pressing
Sebelius on whether the administration will approve partial, less costly
Medicaid expansions. There has been no ruling yet.
On health insurance
exchanges, some governors whose states aren't likely to be completely
ready are considering the administration's offer of running the new
markets through a partnership.
"The real question for
Republican governors is, 'Are you going to let the feds come into your
state?'" Ramlet said. "The question for the Obama administration is
whether they are going to have more flexibility."
Major regulations due
shortly and covering issues including exchange operations, benefits and
protections for people with pre-existing health problems could signal
the administration's willingness to compromise.
A recent check by The
Associated Press found 17 states and the District of Columbia on track
to setting up their own exchanges, while nine have decided not to do so.
The federal government could end up running the new markets in half or
more of the states.
The states on track include
California, Colorado, Connecticut, Hawaii, Kentucky, Maryland,
Massachusetts, Minnesota, Mississippi, Nevada, New York, Oregon, Rhode
Island, Utah, Vermont, Washington, and West Virginia.
The nine definitely not
setting up exchanges are Alaska, Florida, Louisiana, Maine, New
Hampshire, South Carolina, South Dakota, Texas and Wisconsin. Missouri
and others are likely to join the list.
As far as Medicaid, 11
states and the District of Columbia have indicated they will expand
their programs, while six have said they will not. That leaves more than
30 states undecided.
The states definitely
expanding Medicaid include California, Connecticut, Delaware, Hawaii,
Illinois, Maryland, Massachusetts, Minnesota, New York, Vermont, and
Washington. Those declining include Florida, Georgia, Louisiana,
Mississippi, South Carolina, and Texas.
On Capitol Hill,
Republicans say if a budget deal is going to include tax increases, it
must also come with cuts to the health care law, or money-saving delays
in its implementation.
While major changes can't
be ruled out, they don't seem very likely to former Senate Majority
Leader Tom Daschle, D-S.D., who is close to the administration.
"I think Democrats are
increasingly emboldened about the health care act," Daschle said. "The
president won re-election partly by defending it. There is a new dynamic
around the health care effort."
Republican attempts to
amend the law will continue, he added, but outright repeal is no longer a
possibility. "Budgetary issues will continue to be a big question
mark," said Daschle.