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Repeal & Replace Watch

5 Things To Know About The Subsidies At The Heart Of A Capitol Hill Battle

If the Trump administration drops a court appeal, cost sharing payments would cease. However, Congress could also opt to approve funding the payments. (Bill Clark/CQ Roll Call/Getty)

Congress must pass a bill this week to keep most of the government running beyond Friday, when a government spending bill runs out. It won鈥檛 be easy.

The debate over a new focuses on an esoteric issue affecting the Affordable Care Act.

The question is whether Congress will pass 鈥 and President Donald Trump will sign 鈥 a bill that also funds subsidies for lower-income people who purchase health insurance under the law. These 鈥渃ost-sharing reductions鈥 (CSR) have become a major bargaining point in the negotiations between Republicans and Democrats, because the spending bill听 to pass.

Here are five things to know about these cost-sharing subsidies:

How are these subsidies different from the help people get to purchase insurance?

There are two types of financial aid for people who buy insurance from an ACA exchange. People with incomes up to four times the poverty line, or $81,680 for a family of three, are eligible for tax credits to help pay their premiums.

In addition to that help, people with incomes up to two-and-a-half times the poverty line, or $51,050 for a family of three, get additional subsidies to help pay their out-of-pocket costs, including deductibles and copayments for care, as long as they purchase a . Insurance companies are required in their contracts with the government to provide these cost-sharing reductions to eligible people, then get reimbursed by the government.

Why are cost-sharing reductions suddenly front and center?

The fight dates to 2014, when Republicans in the against the Obama administration, charging that Congress had not specifically appropriated money for the cost-sharing subsidies and therefore the administration was providing the funding illegally.

A year ago, a federal district court judge and ordered the payments stopped. However, she put that ruling on hold while the Obama administration appealed. That鈥檚 where things stood when Trump was inaugurated.

If the Trump administration drops the appeal, the funding would cease. However, Congress could also opt to approve funding the payments, which is what in the spending bill.

What would happen if these subsidies are stopped?

At the very least, ending the cost-sharing reductions in the middle of the year would cause a serious disruption in the insurance market. The payments are estimated at $7 billion this year, and $10 billion in 2018. They cover about 7 million people, about 58 percent of those purchasing coverage on the exchanges.

Many experts have predicted that if the subsidies end, some or all insurers might leave their markets entirely, leaving consumers with fewer, or possibly no, choices.

But even if they stay, the Kaiser Family Foundation that insurers would have to raise premiums on the marketplace silver plans by an average of 19 percent in order to offset that loss of government reimbursement. (Kaiser Health News is an editorially independent program of the foundation.)

Ironically, ending the subsidies would actually cost the federal government more money. Premium increases to make up for the lost payments would in turn trigger bigger tax credits for the broader population eligible for help paying their premiums. Those larger tax credits would an estimated $2.3 billion above what it would save on the cost reduction subsidies next year, KFF projected.

Who is pushing Congress to fund the subsidies?

In addition to Democrats in Congress who support the ACA, are urging lawmakers to fund the cost-sharing reductions.

The coalition, which includes America鈥檚 Health Insurance Plans, the American Medical Association, the American Hospital Association and the U.S. Chamber of Commerce, points out that the uncertainty surrounding the future of the promised payments could not only disrupt this year鈥檚 insurance market, but next year鈥檚 as well.

鈥淭he window is quickly closing to properly price individual insurance products for 2018,鈥 the groups wrote to Congress on April 12. Most insurers must decide whether they will participate in the health law鈥檚 market in 2018 by late June.

Most Americans don鈥檛 support cutting the subsidies as part of a GOP strategy to force Democrats in Congress to help pass a new health law. A reported 60 percent of those surveyed said the president 鈥渟hould not use negotiating tactics that could disrupt insurance markets and cause people to lose health coverage.鈥 On the other hand, two-thirds of Republicans surveyed said Trump 鈥渟hould use whatever negotiating tactics necessary to win support for a replacement plan.鈥

What does the Trump administration think about this?

Good question. Trump and senior health officials have offered conflicting positions.

On April 10, unnamed officials told the and other outlets that the administration 鈥渋s willing to continue paying subsidies鈥 while the lawsuit remains pending, just as the Obama administration did. The next day, however, a spokeswoman for the Department of Health and Human Services , saying that 鈥渢he administration is currently deciding its position on this matter.鈥

The day after that, Trump himself said in an interview with the that he was holding back a decision on the payments as leverage. 鈥淚 don鈥檛 want people to get hurt,鈥 he said. 鈥淲hat I think should happen 鈥斕齛nd will happen 鈥斕齣s the Democrats will start calling me and negotiating.鈥

By the following week, administration officials were dangling the funding for the cost-sharing reductions in the spending bill as a trade for Trump鈥檚 request for funding for a border wall. 鈥淲e don鈥檛 like those [subsidies] very much, but we have offered to open the discussions to give the Democrats something they want in order to get something we want,鈥 budget director Mick Mulvaney said on . 鈥淲e鈥檇 offer them $1 of CSR payments for $1 of wall payments.鈥

Democrats, however, are not buying what the administration is selling. 鈥淭he White House gambit to hold hostage health care for millions of Americans, in order to force American taxpayers to foot the bill for a wall that the president said would be paid for by Mexico is a complete non-starter,鈥 Senate听Minority Leader Chuck Schumer (D-N.Y.) said in a written statement.

Complicating matters further, it is far from clear that Republicans in Congress want to end the cost-sharing payments.

The subsidies are 鈥渁 commitment made by the government to the insurers and the people,鈥 House Energy and Commerce Committee Chairman Greg Walden (R-Ore.) said at a town hall meeting in his district, according to . 鈥淭hat needs to happen.鈥

Related Topics

Health Care Costs Insurance The Health Law