Summary of Vermont Legislation Establishing the Task Force on Affordable, Accessible Health Care
In its 2021 legislative session, Republican Governor Phil Scott, a Republican signed H.439, an appropriations bill which includes funds for the creation of a task force to examine ways to make health care more affordable for Vermont residents and employers.[1] While the legislation does not explicitly require exploration of a state public option program, the ensuing study will likely provide an opportunity for policymakers and stakeholders to publicly debate, and potentially advance through future legislation, a public option.
Task Force on Affordable, Accessible Health Care (Task Force)
The Task Force will be a bipartisan group consisting of six members, including: three current members of the House (not all from the same party, appointed by the Speaker of the House); and three current members of the Senate (not all from the same party, appointed by the Committee on Committees). Members of the Task Force will be entitled to per diem compensation and reimbursement of expenses up to a maximum of five meetings.
Study Parameters
The Task Force will explore opportunities to make health care, including prescription drugs, more affordable, such as through federal flexibilities and financing to expand existing public health care programs. Their work will culminate in a report of findings and recommendations for the General Assembly to consider in the 2022 legislative session. The bill explicitly requires the Task Force to consider the following:
Principles for health care reform in Vermont codified at 18 V.S.A. § 9371 (e.g., universal access to quality, medically necessary care; cost-containment; transparency);
Primary drivers of health insurance premium increases in Vermont;
Findings and recommendations from previous studies and analyses regarding the affordability of health coverage in Vermont;
Actions the State can take without federal assistance to address the unmet health care needs of Vermont residents and employers (i.e., without federal pass-through funding received via section 1332 waivers and other federal waivers);
Long-term trends of out-of-pocket costs for individual, small, and large group health insurance plans in Vermont; and
Opportunities to decrease health care disparities, particularly those highlighted by the COVID-19 pandemic and those attributable to a lack of access to affordable health care services.
Notably, under the introduced version of the bill, the Task Force would have been required to engage the public to gain a better understanding of the impact of health care affordability issues in Vermont, including by soliciting stakeholder input from: the uninsured; the underinsured; health care providers; health care administrators; employers; labor unions; members of the New American and Black, Indigenous, and People of Color communities; low-income residents; and older residents. Input would have been gathered through public hearings around the State, each in a different county. Even without the statutory mandate for public engagement, the Task Force will likely provide opportunities for the public to submit input.
Consultant Support to Identify Federal Waiver Opportunities with the Biden Administration
The appropriations bill provides $125,000 to contract with a consultant focused on “monitoring and reviewing opportunities made available by the Biden Administration to expand access to affordable health care through existing public health care programs or through emerging opportunities to address the unmet health care needs of Vermont residents and employers.” These opportunities include pursuing section 1332 waivers and other federal waivers to obtain federal pass-through funding to finance state health care reforms.
The consultant will also provide technical and research assistance and will be retained throughout the 2022 legislative session. Additionally, the Task Force will also receive administrative, technical, and legal assistance from the Office of Legislative Operations, the Office of Legislative Counsel, and the Joint Fiscal Office.
Timeline
By August 15, 2021 – The Task Force will begin to hold meetings and House and Senate co-chairs will be selected among the members at the first meeting.
By December 1, 2021 – The Task Force and consultant will brief the leadership of the House Committee on Health Care and of the Senate Committee on Health and Welfare on their preliminary findings.
By January 15, 2022 – The Task Force and consultant will present their findings and recommendations to the identified House and Senate Committees. The authority of the Task Force will also expire on this day.
[1] H.439 incorporates S.120, the original bill authorizing the creation of the “Joint Legislative Health Care Affordability Study Committee”, with revisions to the name of the exploratory group, its duties, and due dates.