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A Conversation with Bill Pierce:
Our National Health Care Debate, Why It’s Not Over




JANUARY, 2013
Bill Pierce
            Bill Pierce is a senior vice president at APCO Worldwide. He has
            over 20 years of experience in health care policy and media
            relations. He specializes in providing strategic media advice and
            counsel, tactical execution and representation to a wide range of
            clients facing challenging circumstances as well as great
            opportunity. He is also an Adjunct Professor at The Johns
            Hopkins University where he teaches classes in media relations
            and crisis communications.

            Mr. Pierce previously served as the deputy assistant secretary for
            public affairs at the Department of Health and Human Services;
            as the director of public affairs for the Blue Cross and Blue Shield
            Association, and; as press secretary for Congresswoman
            Olympia Snowe (R-ME) and Congressman Bill Thomas (R-CA).
            Before the Hill, he worked for advocacy and political
            organizations. He began his career as a research analyst for the
            National Republican Senatorial Committee.



2
Trends Have Emerged That Were Not
    Created By The ACA
    • Drive to find a new reimbursement system to
      replace fee-for-service;
    • Paying for quality;
    • Emphasis on team based care, such as ACOs,
      medical home and community health networks;
    • Increasing focus on wellness and quality of life;
       o Employers are clearly looking at programs to directly
         improve health of employees (Towers Watson 2010
         survey).
    • Continued increase on prevention efforts.

3
These Trends Were Captured By The ACA
    The ACA is designed to encourage these trends and propel
    them forward:
    • CMS Innovation Center which is testing ideas such as
       Bundled Payments, ACOs and Value-Based Purchasing;
    • But the private sector is also moving ahead particularly
       with ACO-like models of care;
    • Expansion of prevention benefits under the ACA;
    • Codifies existing law that allows employers/worksite
       wellness programs to differentiate premiums based on
       certain health status factors (BMI, tobacco cessation,
       cholesterol, blood pressure).


4
What Does The Election Mean To The ACA?
                       Outright repeal is not an option –
    • Though expect continued talk about it (Sen. Ted Cruz);
    • CLASS Act was repealed as part of the “fiscal cliff” (Part I) agreement,
      clearly individual provisions are negotiable.

               However, with entitlement reform on the table as part of
                     deficit reduction, change is still possible.
                     The major question then becomes:
    • Will the President take proactive action to improve the law? And if so,
      what?
    • And the big question: With health exchanges now the focus and the
      measure of success of the law, does he move to delay their
      implementation given the challenges to standing them up?
        o Action has now moved to states and continued clash with GOP (now
           shifted to Governors);
        o Utah decision was a clear indication that the Administration intends
           to work with states and wants states to run exchanges;
        o How will GOP respond?

5
ACA And Exchanges Are Not A Radical Idea:
    Part D and FEHBP are Federal Exchanges
    But They Are Different

                                     Conventional wisdom
ACA Challenges




                     Complex
                                         suggests that
                                      exchanges may be
                   New to States     delayed to avoid risk
                                       that they are not
                    Bigger than         ready or poorly
                 expected for Feds        functioning




6
What To Expect Beyond The Exchange
    Debate
    With the GOP still controlling the House, expect
    multiple investigations/oversight:

    • How was the money spent;
      o Expect focus on PR/media campaigns.
    • Overall cost of program;
    • Effectiveness of the various provisions;
    • Regulatory Review:
      • Why not issued on time?
      • What not issued?

7
Lawsuits Will Continue and Have
    Consequences
            Overall strategy is to pick away at the law

    Challenge Constitutionality of    Challenge legality of exchange
     the contraception mandate        subsidy for federal exchanges

                                      •   Conservatives believe because
    • Mixed results so far, several       the law does not explicitly spell
      injunctions have been granted       out that subsides can be offered
      while several have been             in federal exchanges as it does
      disallowed.                         for state exchanges, they have an
                                          opening to topple law;
                                      •   IRS has already issued subsidy
                                          rules;
                                      •   Oklahoma has sued, but very
                                          unclear who has standing (i.e.
                                          what is harm?).

8
So What Does This Mean for Workplace
    Wellness?
    • As long as the overall law remains intact, and the fact,
      the wellness provisions do not have a federal cost
      associated with them, no impact likely in the short term;
       o Especially since there is now unity among key
         stakeholders: HERO, ACOEM, ACS, ADA, AHA.
    • However, in the long term as health exchanges mature
      and become more robust expect more people and
      businesses to buy their health care there;
       o The question for the wellness industry is do they want a
         role in these exchanges, and?
       o What impact will it have on companies who have wellness
         programs?


9
In The End, The Election Did Not End The
 Health Care Debate


 “This is not the end. It is not even the
 beginning of the end. But it is perhaps, the
 end of the beginning.”
                            Sir Winston Churchill




10
Q&A

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Our National Health Care Debate, Why It’s Not Over

  • 1. A Conversation with Bill Pierce: Our National Health Care Debate, Why It’s Not Over JANUARY, 2013
  • 2. Bill Pierce Bill Pierce is a senior vice president at APCO Worldwide. He has over 20 years of experience in health care policy and media relations. He specializes in providing strategic media advice and counsel, tactical execution and representation to a wide range of clients facing challenging circumstances as well as great opportunity. He is also an Adjunct Professor at The Johns Hopkins University where he teaches classes in media relations and crisis communications. Mr. Pierce previously served as the deputy assistant secretary for public affairs at the Department of Health and Human Services; as the director of public affairs for the Blue Cross and Blue Shield Association, and; as press secretary for Congresswoman Olympia Snowe (R-ME) and Congressman Bill Thomas (R-CA). Before the Hill, he worked for advocacy and political organizations. He began his career as a research analyst for the National Republican Senatorial Committee. 2
  • 3. Trends Have Emerged That Were Not Created By The ACA • Drive to find a new reimbursement system to replace fee-for-service; • Paying for quality; • Emphasis on team based care, such as ACOs, medical home and community health networks; • Increasing focus on wellness and quality of life; o Employers are clearly looking at programs to directly improve health of employees (Towers Watson 2010 survey). • Continued increase on prevention efforts. 3
  • 4. These Trends Were Captured By The ACA The ACA is designed to encourage these trends and propel them forward: • CMS Innovation Center which is testing ideas such as Bundled Payments, ACOs and Value-Based Purchasing; • But the private sector is also moving ahead particularly with ACO-like models of care; • Expansion of prevention benefits under the ACA; • Codifies existing law that allows employers/worksite wellness programs to differentiate premiums based on certain health status factors (BMI, tobacco cessation, cholesterol, blood pressure). 4
  • 5. What Does The Election Mean To The ACA? Outright repeal is not an option – • Though expect continued talk about it (Sen. Ted Cruz); • CLASS Act was repealed as part of the “fiscal cliff” (Part I) agreement, clearly individual provisions are negotiable. However, with entitlement reform on the table as part of deficit reduction, change is still possible. The major question then becomes: • Will the President take proactive action to improve the law? And if so, what? • And the big question: With health exchanges now the focus and the measure of success of the law, does he move to delay their implementation given the challenges to standing them up? o Action has now moved to states and continued clash with GOP (now shifted to Governors); o Utah decision was a clear indication that the Administration intends to work with states and wants states to run exchanges; o How will GOP respond? 5
  • 6. ACA And Exchanges Are Not A Radical Idea: Part D and FEHBP are Federal Exchanges But They Are Different Conventional wisdom ACA Challenges Complex suggests that exchanges may be New to States delayed to avoid risk that they are not Bigger than ready or poorly expected for Feds functioning 6
  • 7. What To Expect Beyond The Exchange Debate With the GOP still controlling the House, expect multiple investigations/oversight: • How was the money spent; o Expect focus on PR/media campaigns. • Overall cost of program; • Effectiveness of the various provisions; • Regulatory Review: • Why not issued on time? • What not issued? 7
  • 8. Lawsuits Will Continue and Have Consequences Overall strategy is to pick away at the law Challenge Constitutionality of Challenge legality of exchange the contraception mandate subsidy for federal exchanges • Conservatives believe because • Mixed results so far, several the law does not explicitly spell injunctions have been granted out that subsides can be offered while several have been in federal exchanges as it does disallowed. for state exchanges, they have an opening to topple law; • IRS has already issued subsidy rules; • Oklahoma has sued, but very unclear who has standing (i.e. what is harm?). 8
  • 9. So What Does This Mean for Workplace Wellness? • As long as the overall law remains intact, and the fact, the wellness provisions do not have a federal cost associated with them, no impact likely in the short term; o Especially since there is now unity among key stakeholders: HERO, ACOEM, ACS, ADA, AHA. • However, in the long term as health exchanges mature and become more robust expect more people and businesses to buy their health care there; o The question for the wellness industry is do they want a role in these exchanges, and? o What impact will it have on companies who have wellness programs? 9
  • 10. In The End, The Election Did Not End The Health Care Debate “This is not the end. It is not even the beginning of the end. But it is perhaps, the end of the beginning.” Sir Winston Churchill 10
  • 11. Q&A