“Even though it's a small percentage of folks who may be disadvantaged, it means a lot to them and it's scary to them,” Obama said. “And I am sorry that they are finding themselves in this situation based on assurances they got from me.”
The president said ultimately people will be better off buying insurance through the exchanges, accessing tax credits and benefitting from choice and competition. “But obviously we didn't do a good enough job in terms of how we crafted the law, and that's something that I regret and that's something that we're going to do everything we can to get fixed,” he said.
He would not elaborate on the changes, saying only that the administration is considering a “range of options.” Those options are limited, according to Sarah Bassler Millar, a partner with Drinker, Biddle and Reath in Chicago. The administration could revise some of the rules that insurers say have caused them to cancel policies, but there are limits to the scope those changes can take and still be within the mandates of the statute, she said.
Moreover, “the insurers need to comply with state insurance laws, and the process for seeking approval of an insurer's products typically takes several months,” Bassler Millar said in an e-mail. “Those individuals whose policies have already been canceled may be out of luck.”
Meanwhile, members of Congress on both sides of the aisle have stepped up their calls to address the issue. “I think there is some anxiety among certain Democratic congressmen and senators that if this process doesn't get worked out soon, there will be a political price to pay,” said Joel Michaels, a partner with McDermott, Will and Emery in Washington.
Earlier this week, Sen. Mary Landrieu (D-La.) introduced a bill that allows individuals to keep their current health plan if they choose long as policyholders are current with their payments. The bill would also provide policyholders with information from their insurance companies about which parts of their policy do not meet minimum coverage standards made available in new plans.
Late next week, the House of Representatives is expected to vote on a bill from Energy and Commerce Committee Chairman Fred Upton (R-Mich.) that would allow health plans currently available on the individual market to continue next year. People in those plans would be able to re-enroll without facing a penalty under the healthcare law.
“What also complicates this whole picture is the ability to understand and uncover what the other options are,” Michaels said. “And that's where the clunky-ness of the website adds fuel to the issue. If they (consumers) had a clearer idea of what the other choices were—in terms of benefits and premium rates—they might be more willing to accept that transition.”
