Source: Rep. Renee Ellmers Press Release, March 22
PRESS RELEASE
Rep. Ellmers and Chairman Graves Press Obama Administration On The Fairness Of ObamaCare Waivers
WASHINGTON, DC – Congresswoman Renee Ellmers (R-NC), Chair of the Small Business Subcommittee on Healthcare and Technology, today joined Small Business Committee Chairman Sam Graves (R-MO) in a letter to Health and Human Services Secretary Kathleen Sebelius requesting a detailed explanation about the fairness and criteria process for granting waivers to some of the provisions in the Patient Protection and Affordable Care Act. On the eve of the one-year anniversary of the law, Secretary Sebelius has handed out over 1,000 waivers from annual limit benefit requirements to select companies, unions and states.
“Today I join Chairman Graves in asking for a full explanation of the waiver process to ensure that individuals and small businesses are treated fairly.”
“As a nurse of twenty years, wife of a surgeon and owner of a wound clinic, I am not only aware of the problems that currently exist in the American health care system -- I have seen them up close -- as a caregiver, a patient and a small business owner in the health care industry,” said Chairwoman Ellmers. “Unlike the remedy we were promised, ObamaCare has done nothing to improve the quality of health care in our country, and has already done significant damage to the economy.”
“The Health and Human Services waiver system unfairly impacts small businesses. Larger employers with more resources are more likely to be aware of, and apply for, the waivers than smaller firms with fewer resources,” said Chairwoman Ellmers. “The system in place allows the Administration to engage in political favoritism and pick winners and losers. Some applicants may get waivers while others may not.”
The full letter follows:
March 22, 2011
The Honorable Kathleen Sebelius
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, DC 20201
Via Facsimile: 202. 690.7380
Re: Patient Protection and Affordable Care Act Annual Coverage Limit Waivers
Dear Secretary Sebelius:
The House Committee on Small Business is required by the Rules of the House to study and investigate the problems of all types of small businesses. This jurisdiction extends to matters concerning small businesses and health care.
As Chairman of the Committee and Chairwoman of its Healthcare and Technology Subcommittee, we are concerned that the Patient Protection and Affordable Care Act, Pub. L. 111-148 (PPACA), will have a deleterious impact on small businesses, particularly at a time when they are struggling to survive and create jobs to help our nation’s economy recover. For many entrepreneurs, the uncertainty of not knowing what the impact of the PPACA will be has frozen their plans to expand, invest and hire.
It has come to the Committee’s attention that the Department of Health and Human Services (HHS) has granted temporary waivers to over a thousand entities for limited benefit health insurance plans that do not meet the new “restricted annual limits” on essential health benefits set forth in the PPACA and its attendant regulations.
We understand that under HHS’ guidance, an entity must demonstrate that compliance with the PPACA’s new standards “would result in a significant decrease in access to benefits” or “would significantly increase premiums.” With the increased pressure on employers to offer insurance, and the continued sharp rate of premium increases, small businesses are under even greater financial and competitive constraints. We want to ensure that all entities, particularly small businesses, have been treated fairly and equitably in the waiver process.
Therefore, we ask that you provide the Committee with the following information:
1. The number of small businesses that have requested waivers,
2. The definition of “small business” used to evaluate the waivers;
3. The number of small businesses that have been granted waivers, the name of each entity, and the total number of individuals covered by such waivers;
4. The number of small businesses that have been denied waivers, the name of each entity, and the total number of individuals that would have been covered by such waivers;
5. The reasons for denial of the waivers;
6. The total number of entities that have applied for waivers, and the total number of individuals that would have been covered by such waivers;
7. The total number of waivers granted, and the total number of individuals covered by such waivers;
8. The percentage of small and large businesses that have been granted waivers compared to the percentage of total entities that have been granted waivers;
9. The number of individuals who have applied for waivers, if any;
10. The number of individuals who have been granted waivers, if any;
11. A detailed explanation of how the waiver process was developed;
12. References to the specific statutory or other legal authority that HHS acted upon to grant waivers; and
13. What outreach, if any, has been done to apprise small business owners of the opportunity to apply for waivers.
We request your response within two weeks of the date of this letter. Should you have questions or need additional information, please contact Jan Oliver, Deputy Chief Counsel with the House Committee on Small Business, at 202.225.5821.
Sincerely,
Sam Graves, Chairman
Chairwoman
House Committee on Small Business
Renee Ellmers, Chairwoman
Subcommittee on Healthcare and Technology
House Committee on Small Business | 