Gary
Claxton, Cynthia Cox Follow @cynthiaccox on Twitter,
Anthony
Damico, Larry Levitt Follow @larry_levitt on Twitter,
and Karen Pollitz Published: Oct 04, 2019
The impending decision by
the Fifth Circuit Court of Appeals in the Texas v. Azar case
raises the prospect that insurers will once again be able to return to using
people’s health status in determining their eligibility and premiums for health
insurance, at least for coverage obtained from the non-group, or individual
insurance, market. In the case, the plaintiff states’ Attorneys General
and the Trump Administration are arguing that the Affordable Care Act is
unconstitutionally structured and should be invalidated in its entirety.
This would include overturning provisions that guarantee that people with
pre-existing health conditions cannot be denied coverage or charged higher
premiums due to their health status.
Given the significant
barriers to coverage that may reemerge if these provisions in the ACA were to
be invalidated, we are updating our prior work looking at the share of nonelderly
adults with health conditions that would likely to have caused them to be denied coverage if they applied for non-group
health insurance prior to the effective date of the ACA. And because the
financial consequences of these changes would potentially affect the whole family,
we extend our analysis to estimate the percent of nonelderly families with at
least one adult who has one or more declinable conditions.
Consistent with our
previous analysis, we estimate that 27% of nonelderly adults have a declinable
health condition, which is about 53.8 million people in 2018. We further
estimate that 45% of nonelderly families have at least one nonelderly adult
member with a declinable health condition. Finally, we update our
state-based estimates of the prevalence of declinable pre-existing conditions
with the most current data available, showing that the share of non-elderly
adults with pre-existing conditions ranges from 22% in Colorado to 37% in West
Virginia.
People with pre-existing
health conditions were often denied coverage or charged higher premiums for
individual market coverage before the ACA took effect in 2014. While most
of people with pre-existing health conditions are covered currently by
employer-based coverage or public programs, such as Medicaid, the non-group
market is where they may need to look for coverage in times of transition, for
example, if they lose a job, change jobs, start a business, divorce, age-off of
a parent’s policy, retire before age 65, leave employment due to serious
illness, get a job and lose Medicaid, or otherwise lose their eligibility for
work-based or public coverage. While we cannot predict how the court would
fashion relief if these ACA provisions were overturned, access to individual
market insurance for people with pre-existing conditions could be seriously
reduced.
Use of
Health Status in Underwriting and Rating Before the ACA
|
Table 1: Examples of Declinable
Conditions In the Medically Underwritten Individual Market, Before the
Affordable Care Act
|
|
|
Condition
|
|
|
AIDS/HIV
|
Lupus
|
|
Alcohol abuse/ Drug
abuse with recent treatment
|
Mental disorders
(severe, e.g. bipolar, eating disorder)
|
|
Alzheimer’s/dementia
|
Multiple sclerosis
|
|
Arthritis
(rheumatoid), fibromyalgia, other inflammatory joint disease
|
Muscular dystrophy
|
|
Cancer within some
period of time (e.g. 10 years, often other than basal skin cancer)
|
Obesity, severe
|
|
Cerebral palsy
|
Organ transplant
|
|
Congestive heart
failure
|
Paraplegia
|
|
Coronary
artery/heart disease, bypass surgery
|
Paralysis
|
|
Crohn’s disease/
ulcerative colitis
|
Parkinson’s disease
|
|
Chronic obstructive
pulmonary disease (COPD)/emphysema
|
Pending surgery or
hospitalization
|
|
Diabetes mellitus
|
Pneumocystic
pneumonia
|
|
Epilepsy
|
Pregnancy or
expectant parent
|
|
Hemophilia
|
Sleep apnea
|
|
Hepatitis (Hep C)
|
Stroke
|
|
Kidney disease,
renal failure
|
Gender Dysphoria
|
|
SOURCE:
Kaiser Family Foundation review of field underwriting guidelines from Aetna
(GA, PA, and TX), Anthem BCBS (IN, KY, and OH), Assurant, CIGNA, Coventry,
Dean Health, Golden Rule, Health Care Services Corporation (BCBS in IL, TX)
HealthNet, Humana, United HealthCare, Wisconsin Physician Service.
Conditions in this table appeared on declinable conditions list in half or
more of guides reviewed.
NOTE: Many additional,
less-common disorders also appearing on most of the declinable conditions
lists were omitted from this table.
|
|
Estimates of the Share of
Adults with Pre-Existing Conditions
We used data from the
National Health Interview Survey (NHIS) to estimate that 27% of nonelderly
adults had a declinable health condition in 2018, the same percentage that we
found in our earlier analysis for 2015. The NHIS has a number of questions about
whether the respondent has ever been diagnosed with a number of the health
conditions that would have been declinable in the pre-ACA non-group market.
While we cannot duplicate the underwriting processes carried out by insurers,
we feel that our approach is reasonable and may be conservative because the
NHIS does not contain information about all of the conditions (e.g.,
AIDS/HIV) used by insurers and does not provide information on prescriptions
that insurers also used to decline applicants for coverage.
Although each family
member would have been separately underwritten in the pre-ACA non-group market,
the economic consequences of having a member of the family denied coverage or
surcharged due to their health would likely be felt by all members of the family.
To look at the number of people that might be affected, we extended our
previous methods and estimate that, in 2018, 45% of non-elderly families
included a non-elderly adult with a declinable condition. Individuals living in
households without a relative are considered to be a family of one person for
this analysis.
A larger share of
non-elderly adult women (30%) than men (24%) have declinable pre-existing
conditions in 2018, unchanged from 2015. We estimate that 23.7 million
men have a pre-existing condition that would have left them uninsurable in the
individual market pre-ACA, compared to 30.1 million women. Pregnancy explains
part (about 2 million women) but not all of this difference.
The prevalence of
declinable conditions also increases with age among non-elderly adults: ranging
from 18% of those in the 18-34 age group to 44% for those in the 55-64 age
group.
|
Table 2 Share of Non-Elderly People
with Declinable Condition
|
|
|
Age Group
|
Share with Declinable
Condition
|
|
18-34
|
18%
|
|
35-44
|
24%
|
|
45-54
|
29%
|
|
55-64
|
44%
|
The rates of declinable
pre-existing conditions continue to vary from state to state. On the low end,
in Colorado, at least 22% of non-elderly adults have conditions that would
likely be declinable if they were to seek coverage in the individual market
under pre-ACA underwriting practices. Rates are higher in other states –
particularly in the South – such as Arkansas (34%), Kentucky (34%), Mississippi
(34%), and West Virginia (37%), where at least a third of the non-elderly population
would have declinable conditions.
|
Table 3: Estimated Number and Percent
of Non-Elderly People with Declinable Pre-Existing Conditions Under Pre-ACA
Practices, 2018
|
||
|
State
|
Percent of
Non-Elderly Population
|
Number of
Non-Elderly Adults
|
|
Alabama
|
33%
|
957,000
|
|
Alaska
|
26%
|
119,000
|
|
Arizona
|
28%
|
1,145,000
|
|
Arkansas
|
34%
|
597,000
|
|
California
|
25%
|
6,093,000
|
|
Colorado
|
22%
|
789,000
|
|
Connecticut
|
24%
|
529,000
|
|
Delaware
|
28%
|
160,000
|
|
District of
Columbia
|
23%
|
113,000
|
|
Florida
|
28%
|
3,526,000
|
|
Georgia
|
28%
|
1,805,000
|
|
Hawaii
|
25%
|
212,000
|
|
Idaho
|
26%
|
259,000
|
|
Illinois
|
26%
|
2,045,000
|
|
Indiana
|
30%
|
1,210,000
|
|
Iowa
|
25%
|
466,000
|
|
Kansas
|
27%
|
465,000
|
|
Kentucky
|
34%
|
890,000
|
|
Louisiana
|
33%
|
932,000
|
|
Maine
|
28%
|
225,000
|
|
Maryland
|
27%
|
1,019,000
|
|
Massachusetts
|
23%
|
975,000
|
|
Michigan
|
29%
|
1,753,000
|
|
Minnesota
|
23%
|
790,000
|
|
Mississippi
|
34%
|
593,000
|
|
Missouri
|
30%
|
1,079,000
|
|
Montana
|
24%
|
152,000
|
|
Nebraska
|
26%
|
295,000
|
|
Nevada
|
26%
|
487,000
|
|
New Hampshire
|
28%
|
233,000
|
|
New Jersey
|
25%
|
1,359,000
|
|
New Mexico
|
28%
|
337,000
|
|
New York
|
26%
|
3,200,000
|
|
North Carolina
|
28%
|
1,762,000
|
|
North Dakota
|
25%
|
113,000
|
|
Ohio
|
29%
|
1,983,000
|
|
Oklahoma
|
31%
|
718,000
|
|
Oregon
|
28%
|
701,000
|
|
Pennsylvania
|
27%
|
2,105,000
|
|
Rhode Island
|
27%
|
175,000
|
|
South Carolina
|
30%
|
914,000
|
|
South Dakota
|
24%
|
123,000
|
|
Tennessee
|
32%
|
1,302,000
|
|
Texas
|
28%
|
4,794,000
|
|
Utah
|
24%
|
438,000
|
|
Vermont
|
24%
|
92,000
|
|
Virginia
|
26%
|
1,349,000
|
|
Washington
|
25%
|
1,154,000
|
|
West Virginia
|
37%
|
382,000
|
|
Wisconsin
|
25%
|
883,000
|
|
Wyoming
|
25%
|
86,000
|
|
US
|
27%
|
53,884,000
|
|
SOURCE: Kaiser Family Foundation analysis of
data from National Health Interview Survey and the Behavioral Risk Factor
Surveillance System.
NOTE: Five states (MA, ME, NJ, NY, VT) had broadly applicable guaranteed access to insurance before the ACA. What protections might exist in these or other states under a repeal and replace scenario is unclear. |
||
Discussion
Since the effective date
of the ACA market changes in January of 2014, people with pre-existing health
conditions have not had to worry about their health conditions affecting their
access to health insurance or increasing the premiums that they pay. The legislation
assures people access to individual market coverage with comprehensive benefits
through a variety of changes in their work and life circumstances. This
could change quite quickly if the ACA market protections for people with
pre-existing conditions were invalidated. While many adults with
pre-existing conditions have Medicaid or employer coverage that would still
provide protection, over a quarter of nonelderly adults have a health condition
that would jeopardize their access to non-group coverage without the ACA market
protections, potentially affecting almost one-half of non-elderly families in
the country. For these families, an invalidated ACA could fundamentally
affect future access to health care.
Methods
To calculate nationwide
prevalence rates of declinable health conditions, we reviewed the survey
responses of nonelderly adults for all question items shown in Methods Table 1
using the CDC’s 2018 National Health Interview Survey (NHIS).
Approximately 27% of 18-64 year olds, or 54 million nonelderly adults, reported
having at least one of these declinable conditions in response to the 2018
survey. The CDC’s National Center for Health Statistics (NCHS) relies on
the medical condition modules of the annual NHIS for many of its core publications
on the topic; therefore, we consider this survey to be the most accurate means
to estimate both the nationwide rate and weighted population.
Since the NHIS does not
include state identifiers nor sufficient sample size for most state-based
estimates, we constructed a regression model for the CDC’s 2018 Behavioral Risk
Factor Surveillance System (BRFSS) to estimate the prevalence of any of the
declinable conditions shown in Methods Table 1 at the state level. This
model relied on three highly significant predictors: (a) respondent age; (b)
self-reported fair or poor health status; (c) self-report of any of the
overlapping variables shown in the left-hand column of Methods Table 1.
Across the two data sets, the prevalence rate calculated using the analogous
questions (i.e. the left-hand column of Methods Table 1) lined up closely, with
21% of 18-64 year old survey respondents reporting at least one of those
declinable conditions in the 2018 NHIS and 23% of 18-64 year olds in the 2018
BRFSS. Applying this prediction model directly to the 2018 BRFSS
microdata yielded a nationwide prevalence of any declinable condition of 29%, a
near match to the NHIS nationwide estimate of 27%.
In order to align BRFSS
to NHIS overall statistics, we then applied a Generalized Regression Estimator
(GREG) to scale down the BRFSS microdata’s prevalence rate and population
estimate to the equivalent estimates from NHIS, 27% and 54 million. Since
the regression described in the previous paragraph already predicted the prevalence
rate of declinable conditions in BRFSS by using survey variables shared across
the two datasets, this secondary calibration solely served to produce a more
conservative estimate of declinable conditions by calibrating BRFSS estimates
to the NHIS. After applying this calibration, we calculated
state-specific prevalence rates and population estimates off of this
post-stratified BRFSS sample.
|
Methods Table 1: Declinable Medical
Conditions Available in Survey Microdata
|
|
|
Declinable Condition Questions Available in both
the 2018 National Health Interview Survey and also the 2018 Behavioral Risk
Factor Surveillance System
|
Declinable Condition Questions Available in only
the 2018 National Health Interview Survey
|
|
Ever had CHD
|
Melanoma Skin
Cancer
|
|
Ever had Angina
|
Any Other Heart
Condition
|
|
Ever had Heart
Attack
|
Stomach Duodenal or
Peptic Ulcer
|
|
Ever had Stroke
|
Difficulty Due to
Mental Retardation
|
|
Ever had COPD
|
Difficulty Due to
Cerebral Palsy
|
|
Ever had Emphysema
|
Difficulty Due to
Senility
|
|
Chronic Bronchitis
in past 12 months
|
Difficulty Due to
Depression
|
|
Ever had Non-Skin
Cancer
|
Difficulty Due to
Endocrine Problem
|
|
Ever had Diabetes
|
Difficulty Due to
Blood Forming Organ Problem
|
|
Weak or Failing
Kidneys
|
Difficulty Due to
Drug / Alcohol / Substance Abuse
|
|
BMI > 40
|
Difficulty Due to
Schizophrenia, ADD, or Bipolar Disorder
|
|
Pregnant
|
|
To calculate nationwide
prevalence rates of declinable health conditions at the family-level, we
imputed person-level presence of any condition onto the NHIS person file using
the main 2018 NHIS sample adult estimate. This model relied on three
highly significant predictors: (a) respondent age; (b) self-reported fair or
poor health status; (c) self-report of any health-related activity limitation,
disability, hospitalization, or high rate of physician visits. Since all
individuals responding to the NHIS sample adult questionnaire also respond to
the NHIS person component of the survey, these factors produced a reasonably
predictive estimate, matching 27% of non-elderly adults with pre-existing
conditions for all individuals participating in the survey. Unlike the
NHIS sample adult file, the NHIS person file allows for analyses of family-wide
characteristics. This prediction yielded 53% of non-elderly adults having
a declinable condition themselves or co-habiting with a non-elderly adult
family member with a declinable condition; using the NHIS family weights, this
results in 45% of non-elderly families (families having at least one
non-elderly adult family member) having one or more adults with a declinable
condition. In total, approximately 54 million non-elderly adults may have
a pre-existing condition and almost as many non-elderly adults without
pre-existing conditions live with a family member that does.
The programming code,
written using the statistical computing package R v.3.6.1, is available upon
request for people interested in replicating this approach for their own
analysis.
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