Just a few decades ago, small businesses in California often banded together to buy health insurance on the premise that a bigger pool of enrollees would get them a better deal.
California鈥檚 dairy farmers did it; so did car dealers and accountants.
But after a string of these 鈥溾 went belly up, sometimes in the wake of fraud, state lawmakers passed sweeping changes in the 1990s that consigned them to near extinction.
Now, President Donald聽Trump a renaissance of these health plans and make it easier for them to operate across state lines 鈥 with less regulation. In a , Trump directed the Department of Labor to look into ways to 鈥渁llow more small businesses to avoid many of the [Affordable Care Act鈥檚] costly requirements.鈥
Because the plans would do business in more than one state, they could 鈥渇igure out a way to pull back some authority states have,鈥 said Kevin Lucia, senior research professor at Georgetown University鈥檚 Center on Health Insurance Reforms.
That does not sit well in California, where key state policymakers warn that weaker regulation of these plans could destabilize the small-employer and individual markets, which have gained important consumer protections under the ACA and state health laws 鈥 including minimum benefit levels.
鈥淧resident Trump is trying to loosen those rules, and return us to the bad old days鈥 that were disastrous for consumers, said California Insurance Commissioner Dave Jones. Tens of thousands of consumers were 鈥渓eft in the lurch鈥 without insurance when their associations folded, and millions of dollars in medical claims went unpaid, he said.
In the 1980s and 1990s, association plan failures hit a number of small businesses, affecting employees across industries. Thousands of farmworkers suffered when a plan created by collapsed. When Irvine-based went out of business, it reportedly left $10 million in medical claims unpaid.
In 1995, California banned a common form of health care associations known as multiple employer welfare arrangements, or MEWAs, in which small businesses jointly purchased health coverage in the same way Trump is now proposing. The plans that already existed at the time could remain in business as long as they met certain financial requirements.
That ban followed 鈥渄ecades of bad experience,鈥 said Jones.
But some business groups say that these plans offer companies flexibility in the face of state regulations that add cost and administrative burdens.
鈥淪mall-business owners are being pummeled,鈥 said Tom Scott, California director of the . The looser regulations could save businesses thousands of dollars a year, he said.
Still, California lawmakers said they will do everything they can to prevent these plans from bypassing state regulations.
State Sen. Ed Hernandez (D-West Covina), chairman of the Senate Health Committee, said he will consider legislation to ban the sale of policies that don鈥檛 meet minimum benefit requirements.
鈥淚鈥檓 committed to do everything I can to make sure we don鈥檛 go backward to having skinny plans in the state,鈥 he said. Consumers need to be guaranteed coverage with robust health benefits and a cap on out-of-pocket expenses, he added.
Policy experts say the impact of Trump鈥檚 plan will depend on the precise details, which are still being considered by the Department of Labor. But Trump has suggested he wants the association plans to be treated the same as large-employer insurance, which would free them from regulations that govern the benefits they offer.
Supporters of the idea argue that the greater flexibility on benefits, plus the bargaining clout that comes with size, would lower the cost of these plans, providing relief to small employers hit by rising health care costs and state taxes.
鈥淚t鈥檚 very, very easy and it鈥檚 very competitive,鈥 said Jack Stoughton, CEO of Los Angeles-based Stoughton Printing Co., which produces 12-inch record jackets for vinyl records by bands such as Led Zeppelin and Wilco.
His workers receive health benefits through one of the few remaining MEWAs in California.
The plan 鈥渟aves me money; it certainly saves me time,鈥 he said.
But Beth Capell, a longtime health care consumer lobbyist, said these cheaper plans compromise the quality of health coverage for small-business employees and individuals.
鈥淭here was a fairly concerted outcry鈥 to get rid of association health plans in the 1990s, and they should not be resurrected, Capell said. 鈥淭hey were a bad idea then; they are a bad idea now. It [feels] like d茅j脿 vu all over again.鈥
Deborah Kelch, director of the in Sacramento, said state officials banned new MEWAs in the 1990s because they feared the associations would siphon off healthy people, leaving many small businesses with sicker and costlier enrollees 鈥 and higher premiums. The legislative changes from the 1990s helped ensure that the remaining MEWAs stayed afloat, she said.
Today, only four MEWAs remain in California, covering about 150,000 employees and their dependents. The enrollees say the model works.
Stoughton鈥檚 employees have received health benefits through a MEWA since the mid-1990s.
His roughly 50 workers have a choice of three insurance carriers 鈥 Kaiser Permanente, Health Net and Blue Shield 鈥 and the association acts as an intermediary between the employees and the insurers. (Kaiser Health News is not affiliated with Kaiser Permanente.)
The Printing Industries Association Inc. of Southern California, a trade association for printers, administers the insurance for Stoughton鈥檚 business. That allows him to limit his human resources staff to half of a full-time employee, he said.
鈥淲e want to be able to concentrate on what we do. We don鈥檛 want to shop around鈥 for health insurance, he said.
The greatest number of association health plan members in California are in agriculture. Two farm trade groups, UnitedAg and Western Growers, offer farmers health care that they say caters to their unique workforce, which includes a large number of Spanish-speaking immigrants.
Kirti Mutatkar, CEO of UnitedAg, which covers 700 agricultural businesses and 43,000 members through its association, says her company doesn鈥檛 offer 鈥渃ookie-cutter鈥 health coverage.
UnitedAg offers free telemedicine and 10 free clinic visits in some of its plans, she said. It has bilingual customer support services and a network of doctors in Mexico. The members of the board include UnitedAg health plan enrollees, who have a say in what their health coverage looks like.
鈥淭his model works unbelievably well for us,鈥 said A.J. Cisney, general manager of Rancho Guadalupe, which grows fruit and broccoli on California鈥檚 Central Coast. 鈥淚f UnitedAg could take their brand of administering health care to other areas, I can鈥檛 see the downside.鈥
But that would be anathema to and , who worry about competing with more lightly regulated plans. They say the proliferation of such plans could undermine consumer protections and increase the that plagued many of the old association plans.
But Scott, of the National Federation of Independent Business, does not believe past is necessarily prologue.
鈥淭imes change, business models change,鈥 he said.
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