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2017 BREAKFAST FORUM
Repeal,Replace,Reevaluate
How the changing healthcare policy
will affect your business
CONTACT
2925 Richmond Avenue, 14th Floor
Houston, Texas 77098
713.850.7766
Visit boyarmiller.com
TABLE OF CONTENTS
03	 :	 Healthcare At-a-Glance
04	 :	 Forum Overview
		 Meet the Panelists
06	 :	Q  A
How the changing healthcare policy
will affect your business
08	 :	Attorney Insights
Advice to the Business Community
Friends,
While we were hosting a Breakfast Forum on the complexities and challenges of the
Affordable Care Act – and as we were producing this eBook to share insights from our
expert panel – discussions and debates on the future of our nation’s healthcare policy
continued in Washington D.C.
Everyone agrees that change will be forthcoming. No one has a crystal ball that shows
the future elements of the new American Health Care Act of 2017. Yet the insights shared
by our panel of leaders in healthcare industry consulting helped a very attentive audi-
ence of entrepreneurs and owners of privately held businesses gain perspective on a
multitude of issues associated with healthcare policy.
We thank Don Gilbert, Jim Springfield and Dr. Kelly Larkin for mapping out the current
issues involved in the repeal and replacement of Obamacare, and for their predictions
on some of the changes that may occur.
This eBook provides highlights of the discussion. We hope you find it helpful as you navi-
gate the complex course of our transforming national healthcare policy. Please feel free
to share this information with others. Remember that we are here to help you achieve
your business goals.
Best,
CHRIS HANSLIK
Firm Chairman
LEARN MORE ABOUT THE FORUM
PAGE 03
The State of Healthcare
Today – At a Glance
70%20million
people
enrolled
in the
ACA
$
916 $
8.3$
650billion billionmillion
spent on
Medicare
annually
owed to
Blue Cross/
Blue Shield
of Texas
owed by federal
government
to insurance
companies
of enrollees
in the ACA
are in the
Medicaid
system
The challenges and complexities
involved in repealing and
replacing the Affordable Care
Act (ACA), and the impact on
the business community, were
discussed by three leaders in
healthcare industry consulting
at the BoyarMiller Breakfast Forum
on March 30. Here is a summary
of their individual perspectives
for a broad overview on a highly
complex issue.
PAGE 05
Meet the Panelists
DISCUSSION FOCUS:
The impact of Medicaid on ACA
Don is a healthcare consultant and lobbyist. He represents providers, insurers
and healthcare technology businesses. He currently is working with dozens
of health-related organizations in Texas. Don is the founder of the Advanced
Perspective Group, a consortium of senior healthcare policy experts.
Before starting his consulting firm in 2003, Don served for five years as
the Commissioner of Health and Human Services under Texas Governors
Perry and Bush.
DON GILBERT
Healthcare Consultant  Lobbyist
Don A. Gilbert Consulting
DISCUSSION FOCUS:
Commercial market and ACA connection between
government, providers and insurers
Jim is responsible for expanding and integrating Optum’s various healthcare
delivery businesses across the provider, consumer, service and international
segments of the organization. Previously, he served as president and CEO
of Valley Baptist Health System, the largest integrated health system in South
Texas. Additionally, Jim held several leadership positions with both Memorial
Hermann Health Care System and Hermann Children’s Hospital.
JIM SPRINGFIELD
Senior Vice President
Optum
DISCUSSION FOCUS:
Impact of healthcare policy on medical providers
Kelly is a pioneer in the field of freestanding emergency centers and has
extensive experience in the development and management of multiple
ambulatory health campuses. A group of healthcare companies, The
Larkin Group is focused on improving the quality, service and delivery
of episodic ambulatory care. Kelly received her M.D. from Albany Medical
Collage and completed an emergency medicine residency at the
University of Texas Health Science Center at Houston.
KELLY LARKIN, MD, FACAP
President  CEO
The Larkin Group
PAGE 06
QA
ANSWERS
DON: Some parts of the ACA are not sustainable and
must be fixed. If they do not get corrected, we will have
changing dynamics of the risk pool if healthier people
decide to opt out of paying for insurance coverage.
The ACA brought 20 million people into the program and
14.5 million came in through Medicaid. If the subsidies
that helped states cover that Medicaid cost go away,
states will have to spend more or may back out of Medicaid
altogether. So if nothing changes, we will see a deteriora-
tion of the private insurance market. We will have a chang-
ing risk pool and see more unhealthy people and higher
insurance costs.
JIM: 70 percent of people in the ACA came through
Medicaid and 30 percent through the exchanges.
Because each plan in the ACA is required to have the
same core level of benefits, it is too expensive for the
insurance companies. So the government established
the Risk Corridor Program to offset losses on the
exchanges. It’s not working. The federal government
owes medical insurers $8.3 billion and there are many
huge lawsuits against the government. The insurance
companies are losing money, and not getting federal
subsidies, so they are pulling out of the exchanges.
If nothing changes, there are not going to be enough
providers on the exchanges and that will decrease
competition. The program will not work efficiently.
KELLY: I agree with the overview from Don and Jim.
From a provider perspective, we will see sicker patients
and business owners will see their rates impacted by
steeper increases year-after-year. Over the last several
years, physicians are realizing that they have to work
harder, that is, see more patients who are sicker, to make
the same revenue because reimbursement levels have
decreased. They don’t think that makes sense.
What happens to the national
healthcare system if the ACA does
not change?
QA : PAGE 07
ANSWERS
DON: Reducing costs for the federal government is about
providing less funding to the states. The new American
Health Care Act proposes to save the feds $880 billion
over 10 years. So the first dynamic affects the states
and the reduction they will get in Medicaid. That is still
unclear. It slides to the end – the federal government
passes more costs to the states, and then the states have
to find some way to reduce the burden, so higher costs
are passed on the providers and consumers. They are
all connected.
JIM: Risk has to be identified and managed and not
shifted. The federal government is shifting liability to
the states. We need to move to the management of risk,
not the shifting of risk. We need to align systems by pro-
viding good care, great economic service, and avoiding
unnecessary actions. Understanding that and putting
systems in place to manage it is ultimately the answer.
DON: Also, when the federal government saves money
and pushes to states, it doesn’t stop there. Providers
determine how much they lose on indigent care as the
basis for pricing. Not-for-profits are also not-for-losses.
Business owners inherit the result of that slide. The
providers negotiate deals for those who can pay
to compensate for their loss. For example, in Texas,
Medicaid is reimbursed at 57 percent of cost – not
charges. You have to make up for that loss somewhere.
ANSWERS
KELLY: First, I am not discouraged right not because
the first attempt at change didn’t work. We know that
change takes time, especially with a new administration.
I do think the discussions will continue and potential
changes this year may be the reduction of some of the
regulations. Perhaps businesses with 50 employees will
not be required to offer insurance. Currently, providers
are burdened with lots of reporting on all types of metrics
and that takes a lot of time. We may see some of that
will go away because it really is not a good use of time
or money and there are no potential upsides. I expect
the regulations to be impacted as part of a bill this year,
not executive order.
DON: There is too much at stake here as far as stability
of the healthcare system and promises made. Congress
doesn’t have a choice; it must find something both the
House and the Senate can approve.
JIM: Healthcare is a very complicated system. It often
gets reduced to pithy statements by those who don’t
have the in-depth knowledge about its complexities.
It is about contracts with providers in markets, so selling
across state lines is not realistic. Taking away some of the
regulations, as Kelly said, will be important. I definitely
think we will get a bill passed this year.
What, if anything, do
you think can get done
this year?
What are the market
dynamics and the
breakdown created
by the issue?
PAGE 08
Attorney Insights
“One thing we can be
sure of is that changes
will impact the finances
of our clients...”
	 GARY MILLER
“The trickle effect will have
those costs passed down
the chain...”
	 CHRIS HANSLIK
“Our clients have to pay attention to what is going on with health-
care reform because likely outcomes will result in an increase in
their healthcare costs. With the federal government looking to
shift costs down to the states, the trickle effect will have those
costs passed down the chain and ultimately land at the business
owner’s feet – and by extension their employees.”
	CHRIS HANSLIK
Chairman
“While the future of the Affordable Care Act may be unknown,
the one thing we can be sure of is that changes will impact the
finances of our clients as well as their ability to attract and
retain quality employees in an increasingly competitive world.”
	GARY MILLER
Founding Shareholder, Business Group
ATTORNEY INSIGHTS : PAGE 09
“I recommend that clients consult regularly with their professionals –
lawyers, tax advisors and benefits providers – to understand how
healthcare requirements are changing, to know the financial risks/
rewards that these changes bring, and to maximize their ability to
provide the best coverage to their employees at the lowest price –
all while keeping reasonable plan options available.”
	GUS BOURGEOIS
Shareholder, Business Group
“Listen with
caution...”
	 MATT VEECH
“Listen with caution – this is a complex issue
driven by different interests and motives, and
much of what you hear or read from both
sides of the debate is not well informed.”
	MATT VEECH
Shareholder, Litigation Group
“Healthcare reform, and the potential issues that
come with it, should be at the forefront of every
business owners’ mind. Our clients must be aware
of their rights and obligations under the current
healthcare laws, and how those rights and obliga-
tions may change under any proposed legislation.”
	MOLLY HUST
Associate, Litigation Group
“Our clients must be aware that there will be changes in the way healthcare
is delivered to consumers. The increased regulation of what services will be
provided, to whom, and for what compensation is an entrenched inefficiency
that affects both employers and providers. Employers will have to consider
and decide between reduced benefits, higher contributions or higher costs.”
	LARRY WILSON
Shareholder, Business Group
“...reduced
benefits, higher
contributions
or higher costs.”
“It appears Congress would rather punt to the states than
make a decision. This will result in increased responsibilities
and increased pressures on state legislatures, but ultimately,
it may result in localized solutions rather than a one-size-
fits-all program. This opinion, along with $4, will buy a
Grande Blonde Roast at Starbucks.”
	BLAKE ROYAL
Shareholder, Business Group

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With so much anticipated change forthcoming in healthcare policy, this outlook can help inform your business priorities for the coming year.

  • 1. 2017 BREAKFAST FORUM Repeal,Replace,Reevaluate How the changing healthcare policy will affect your business
  • 2. CONTACT 2925 Richmond Avenue, 14th Floor Houston, Texas 77098 713.850.7766 Visit boyarmiller.com TABLE OF CONTENTS 03 : Healthcare At-a-Glance 04 : Forum Overview Meet the Panelists 06 : Q A How the changing healthcare policy will affect your business 08 : Attorney Insights Advice to the Business Community Friends, While we were hosting a Breakfast Forum on the complexities and challenges of the Affordable Care Act – and as we were producing this eBook to share insights from our expert panel – discussions and debates on the future of our nation’s healthcare policy continued in Washington D.C. Everyone agrees that change will be forthcoming. No one has a crystal ball that shows the future elements of the new American Health Care Act of 2017. Yet the insights shared by our panel of leaders in healthcare industry consulting helped a very attentive audi- ence of entrepreneurs and owners of privately held businesses gain perspective on a multitude of issues associated with healthcare policy. We thank Don Gilbert, Jim Springfield and Dr. Kelly Larkin for mapping out the current issues involved in the repeal and replacement of Obamacare, and for their predictions on some of the changes that may occur. This eBook provides highlights of the discussion. We hope you find it helpful as you navi- gate the complex course of our transforming national healthcare policy. Please feel free to share this information with others. Remember that we are here to help you achieve your business goals. Best, CHRIS HANSLIK Firm Chairman LEARN MORE ABOUT THE FORUM
  • 3. PAGE 03 The State of Healthcare Today – At a Glance 70%20million people enrolled in the ACA $ 916 $ 8.3$ 650billion billionmillion spent on Medicare annually owed to Blue Cross/ Blue Shield of Texas owed by federal government to insurance companies of enrollees in the ACA are in the Medicaid system
  • 4. The challenges and complexities involved in repealing and replacing the Affordable Care Act (ACA), and the impact on the business community, were discussed by three leaders in healthcare industry consulting at the BoyarMiller Breakfast Forum on March 30. Here is a summary of their individual perspectives for a broad overview on a highly complex issue.
  • 5. PAGE 05 Meet the Panelists DISCUSSION FOCUS: The impact of Medicaid on ACA Don is a healthcare consultant and lobbyist. He represents providers, insurers and healthcare technology businesses. He currently is working with dozens of health-related organizations in Texas. Don is the founder of the Advanced Perspective Group, a consortium of senior healthcare policy experts. Before starting his consulting firm in 2003, Don served for five years as the Commissioner of Health and Human Services under Texas Governors Perry and Bush. DON GILBERT Healthcare Consultant Lobbyist Don A. Gilbert Consulting DISCUSSION FOCUS: Commercial market and ACA connection between government, providers and insurers Jim is responsible for expanding and integrating Optum’s various healthcare delivery businesses across the provider, consumer, service and international segments of the organization. Previously, he served as president and CEO of Valley Baptist Health System, the largest integrated health system in South Texas. Additionally, Jim held several leadership positions with both Memorial Hermann Health Care System and Hermann Children’s Hospital. JIM SPRINGFIELD Senior Vice President Optum DISCUSSION FOCUS: Impact of healthcare policy on medical providers Kelly is a pioneer in the field of freestanding emergency centers and has extensive experience in the development and management of multiple ambulatory health campuses. A group of healthcare companies, The Larkin Group is focused on improving the quality, service and delivery of episodic ambulatory care. Kelly received her M.D. from Albany Medical Collage and completed an emergency medicine residency at the University of Texas Health Science Center at Houston. KELLY LARKIN, MD, FACAP President CEO The Larkin Group
  • 6. PAGE 06 QA ANSWERS DON: Some parts of the ACA are not sustainable and must be fixed. If they do not get corrected, we will have changing dynamics of the risk pool if healthier people decide to opt out of paying for insurance coverage. The ACA brought 20 million people into the program and 14.5 million came in through Medicaid. If the subsidies that helped states cover that Medicaid cost go away, states will have to spend more or may back out of Medicaid altogether. So if nothing changes, we will see a deteriora- tion of the private insurance market. We will have a chang- ing risk pool and see more unhealthy people and higher insurance costs. JIM: 70 percent of people in the ACA came through Medicaid and 30 percent through the exchanges. Because each plan in the ACA is required to have the same core level of benefits, it is too expensive for the insurance companies. So the government established the Risk Corridor Program to offset losses on the exchanges. It’s not working. The federal government owes medical insurers $8.3 billion and there are many huge lawsuits against the government. The insurance companies are losing money, and not getting federal subsidies, so they are pulling out of the exchanges. If nothing changes, there are not going to be enough providers on the exchanges and that will decrease competition. The program will not work efficiently. KELLY: I agree with the overview from Don and Jim. From a provider perspective, we will see sicker patients and business owners will see their rates impacted by steeper increases year-after-year. Over the last several years, physicians are realizing that they have to work harder, that is, see more patients who are sicker, to make the same revenue because reimbursement levels have decreased. They don’t think that makes sense. What happens to the national healthcare system if the ACA does not change?
  • 7. QA : PAGE 07 ANSWERS DON: Reducing costs for the federal government is about providing less funding to the states. The new American Health Care Act proposes to save the feds $880 billion over 10 years. So the first dynamic affects the states and the reduction they will get in Medicaid. That is still unclear. It slides to the end – the federal government passes more costs to the states, and then the states have to find some way to reduce the burden, so higher costs are passed on the providers and consumers. They are all connected. JIM: Risk has to be identified and managed and not shifted. The federal government is shifting liability to the states. We need to move to the management of risk, not the shifting of risk. We need to align systems by pro- viding good care, great economic service, and avoiding unnecessary actions. Understanding that and putting systems in place to manage it is ultimately the answer. DON: Also, when the federal government saves money and pushes to states, it doesn’t stop there. Providers determine how much they lose on indigent care as the basis for pricing. Not-for-profits are also not-for-losses. Business owners inherit the result of that slide. The providers negotiate deals for those who can pay to compensate for their loss. For example, in Texas, Medicaid is reimbursed at 57 percent of cost – not charges. You have to make up for that loss somewhere. ANSWERS KELLY: First, I am not discouraged right not because the first attempt at change didn’t work. We know that change takes time, especially with a new administration. I do think the discussions will continue and potential changes this year may be the reduction of some of the regulations. Perhaps businesses with 50 employees will not be required to offer insurance. Currently, providers are burdened with lots of reporting on all types of metrics and that takes a lot of time. We may see some of that will go away because it really is not a good use of time or money and there are no potential upsides. I expect the regulations to be impacted as part of a bill this year, not executive order. DON: There is too much at stake here as far as stability of the healthcare system and promises made. Congress doesn’t have a choice; it must find something both the House and the Senate can approve. JIM: Healthcare is a very complicated system. It often gets reduced to pithy statements by those who don’t have the in-depth knowledge about its complexities. It is about contracts with providers in markets, so selling across state lines is not realistic. Taking away some of the regulations, as Kelly said, will be important. I definitely think we will get a bill passed this year. What, if anything, do you think can get done this year? What are the market dynamics and the breakdown created by the issue?
  • 8. PAGE 08 Attorney Insights “One thing we can be sure of is that changes will impact the finances of our clients...” GARY MILLER “The trickle effect will have those costs passed down the chain...” CHRIS HANSLIK “Our clients have to pay attention to what is going on with health- care reform because likely outcomes will result in an increase in their healthcare costs. With the federal government looking to shift costs down to the states, the trickle effect will have those costs passed down the chain and ultimately land at the business owner’s feet – and by extension their employees.” CHRIS HANSLIK Chairman “While the future of the Affordable Care Act may be unknown, the one thing we can be sure of is that changes will impact the finances of our clients as well as their ability to attract and retain quality employees in an increasingly competitive world.” GARY MILLER Founding Shareholder, Business Group
  • 9. ATTORNEY INSIGHTS : PAGE 09 “I recommend that clients consult regularly with their professionals – lawyers, tax advisors and benefits providers – to understand how healthcare requirements are changing, to know the financial risks/ rewards that these changes bring, and to maximize their ability to provide the best coverage to their employees at the lowest price – all while keeping reasonable plan options available.” GUS BOURGEOIS Shareholder, Business Group “Listen with caution...” MATT VEECH “Listen with caution – this is a complex issue driven by different interests and motives, and much of what you hear or read from both sides of the debate is not well informed.” MATT VEECH Shareholder, Litigation Group “Healthcare reform, and the potential issues that come with it, should be at the forefront of every business owners’ mind. Our clients must be aware of their rights and obligations under the current healthcare laws, and how those rights and obliga- tions may change under any proposed legislation.” MOLLY HUST Associate, Litigation Group “Our clients must be aware that there will be changes in the way healthcare is delivered to consumers. The increased regulation of what services will be provided, to whom, and for what compensation is an entrenched inefficiency that affects both employers and providers. Employers will have to consider and decide between reduced benefits, higher contributions or higher costs.” LARRY WILSON Shareholder, Business Group “...reduced benefits, higher contributions or higher costs.” “It appears Congress would rather punt to the states than make a decision. This will result in increased responsibilities and increased pressures on state legislatures, but ultimately, it may result in localized solutions rather than a one-size- fits-all program. This opinion, along with $4, will buy a Grande Blonde Roast at Starbucks.” BLAKE ROYAL Shareholder, Business Group