Report to the Massachusetts Legislature: Activities and Accomplishments of the Massachusetts Marketplace Fiscal Year 2023 Massachusetts Health Connector 2024 Contents Tables and Figures............................................................................................................. 2 Preface................................................................................................................................ 3 Executive Summary ........................................................................................................... 4 1.0: Introduction ................................................................................................................ 5 2.0: Policy Updates ............................................................................................................ 5 3.0: Non-group Membership ............................................................................................. 8 4.0: Small-group Membership ........................................................................................ 15 5.0: Dental Membership ................................................................................................. 19 6.0: Administration and Operations ............................................................................... 21 7.0: Outreach, Assistance, and Education .................................................................... 23 8.0: Policy and Regulatory Responsibilities ................................................................... 26 9.0: Conclusion ................................................................................................................ 28 Appendix ........................................................................................................................... 30 1 Tables and Figures Table 1. Impact of IRA Extension of Enhanced APTCs ................................................................ 6 Figure 1. Massachusetts Non-Group Membership by Exchange Use, March 2023 ................. 9 Figure 2. Massachusetts Health Coverage by Insurance Type, 2022-2023 ........................... 10 Figure 3. Unsubsidized Non-Group Enrollment by Marketplace Use, 2016-2022.................. 11 Table 2. ConnectorCare Plan Types by Income ......................................................................... 12 Figure 4. ConnectorCare Enrollment by Plan Type, July 2023 (n=136,753)........................... 12 Figure 5. ConnectorCare Enrollment by Carrier, July 2023 (n=136,755) ............................... 12 Figure 6. Non-ConnectorCare Enrollment by Metallic Tier, July 2023 (n=87,453) ................. 13 Figure 7. Non-ConnectorCare Enrollment by Carrier, July 2023 (n=87,453) .......................... 13 Table 3. Health Connector Member Demographics: ConnectorCare vs. Non-ConnectorCare14 Figure 8. Health Connector Members by Race .......................................................................... 15 Figure 9. Health Connector Members by Ethnicity .................................................................... 15 Figure 10. Massachusetts Small-group Enrollment by Exchange Use, March 2023 .............. 16 Figure 11. HCB Small-group Enrollment by Choice Model, July 2023 (n=12,521)................. 16 Figure 12. HCB Small-group Enrollment by Metallic Tier, July 2023 (n=12,521) ................... 17 Figure 13. HCB Small-group Enrollment by Carrier, July 2023 (n=12,521) ........................... 17 Figure 14. Small-group Enrollment On- and Off-Exchange by Carrier, March 2023 ............... 18 Figure 15. ConnectWell Activities ............................................................................................... 19 Figure 16. Non-group Enrollment by Health and Dental Plan, July 2023 (n=256,031) ......... 20 Figure 17. Non-group Dental Enrollment by Benefit Tier, July 2023 (n=122,155)................. 20 Figure 18. HCB Small-group Dental Enrollment by Carrier, July 2023 (n=5,315) .................. 20 Figure 19. HCB Small-group Dental Enrollment by Benefit Tier, July 2023 (n=5,315) .......... 20 Table 4. FY23 Health Connector Programmatic Budget ........................................................... 21 Table 5. FY23 Appeal Requests .................................................................................................. 23 Figure 20. Uninsurance at the Time of Survey for Massachusetts, 2008-2021, CHIA 2021 MHIS ............................................................................................................................................. 25 Table 6. Penalty Schedule for Failure to Comply with the Individual Mandate, 2020-2022 . 28 2 Preface Massachusetts has an extensive history of health care reform efforts aimed at expanding health insurance coverage to its residents. The Massachusetts Health Connector is proud to be a key part of the public interest legacy created when the Commonwealth’s landmark health reform law, Chapter 58 of the Acts of 2006, was passed and included a state-based Marketplace: a place where individuals, families, and small businesses can find, compare, and enroll in affordable health insurance coverage. As a result of that legacy, Massachusetts has the highest rate of insurance in the country, with over 97 percent of residents insured. The work of the Health Connector and the sustained success of health reform in Massachusetts has benefited from the support and assistance of the Legislature and many state agencies. The Health Connector would like to thank the Office of the Governor, the General Court, the Executive Office of Health and Human Services, MassHealth, the Executive Office for Administration and Finance, the Division of Insurance, the Group Insurance Commission, the Department of Revenue, the Executive Office of Technology Services and Security, the Center for Health Information and Analysis, the Department of Public Health, the Division of Unemployment Assistance, the Massachusetts Board of Higher Education, the Health Policy Commission, the Office of the Attorney General, and the Massachusetts Office of Business Development. Collaboration across these entities enriches Massachusetts health reform, and the Health Connector appreciates these partnerships. The Health Connector is governed by a Board of Directors consisting of 11 members. The staff of the Health Connector wishes to extend its deepest gratitude to all past and current Directors for their commitment to health reform. Directors who served in Fiscal Year 2023 (FY23) included: ▪ Marylou Sudders replaced by Kathleen E. Walsh (January 2023), Chair of the Board, Secretary of the Executive Office of Health and Human Services; ▪ Michael Heffernan replaced by Matthew Gorzkowicz (January 2023), Secretary of the Executive Office for Administration and Finance; ▪ Gary Anderson, Commissioner of the Division of Insurance; ▪ Matthew Veno, Executive Director of the Group Insurance Commission; ▪ Michael Chernew, Ph.D., Leonard D. Schaeffer Professor of Health Care Policy at Harvard Medical School; ▪ Filaine Deronnette, Vice-President at Large of 1199 SEIU MA; ▪ Mark S. Gaunya replaced by Eric Gulko (December 2022), President of Innovo Benefits Group; ▪ Keisha O’Marde-Jack (Resigned May 2023), Chief Human Resources Officer at Upstream USA; ▪ Dimitry Petion, President and CEO of Mulberry Systems, Inc.; ▪ Nancy Turnbull, Senior Lecturer on Health Policy and Associate Dean at Harvard School of Public Health; and ▪ Rina Vertes, President of Marjos Business Consulting. 3 Executive Summary During Fiscal Year (FY) 2023, spanning from July 1, 2022, until June 30, 2023, lingering effects of the COVID-19 pandemic continued to impact the Health Connector’s work and associated policy responses. Throughout 2022 and 2023, economic changes and federal policies resulted in enrollment changes for the Health Connector. In response to the Medicaid continuous coverage requirement ending on March 31, 2023, the Health Connector’s top priority for FY23 was to design and implement strategies to ensure residents losing eligibility for Medicaid (MassHealth) were aware of changing eligibility requirements and able to maintain health insurance coverage and would have the support they needed to enroll in Health Connector or other sources of health coverage. In addition to the Health Connector’s outreach and programmatic planning, passage of the Inflation Reduction Act (IRA) in August 2022 extended enhanced Affordable Care Act (ACA) premium subsidies, providing crucial affordability support to individuals in purchasing Health Connector coverage through 2025. In May 2023, the Health Connector Board voted to amend Minimum Credible Coverage (MCC) regulations to specify that no-cost high-value preventive services must be included in coverage for residents to avoid paying a tax penalty under the state’s individual mandate. MCC amendments were proposed in response to Braidwood Management v. Becerra, a lawsuit that challenges ACA requirements covering preventive care services. While MCC does not apply to health plans directly, plans often choose to meet MCC standards so enrolled members are not faced with individual mandate tax penalties. Amending MCC regulations bolstered robust coverage of affordable and accessible preventive services to all adult Massachusetts residents. The Health Connector ended FY23 with 224,206 non-group medical plan enrollees and 12,521 small-group medical plan enrollees. Compared to the end of FY22, the Health Connector experienced a 1.6 percent decrease in non-group membership and a 10.4 percent increase in small group membership. The non-group membership decrease is largely attributable to the Medicaid continuous coverage requirement associated with the COVID-19 pandemic that temporarily suppressed typical enrollment dynamics for the Health Connector. The Health Connector’s continued position as a source of high-quality and affordable health coverage in the state, even as broader dynamics temporarily altered its enrollment, is a result of the strategic approaches it took in FY23: ▪ The Health Connector engaged in broad-based outreach to generate awareness of the end of the Medicaid continuous coverage requirement beginning on March 31, 2023, to assist residents experiencing changes in eligibility status. ▪ The Health Connector raised awareness of the availability of increased federal subsidies for health insurance purchased through ACA Marketplaces through 2025. ▪ The ConnectorCare program provided low-to-moderate income residents with affordable health coverage with low or no cost sharing and no deductibles. Premiums increase gradually with income, with plans as low as $0 a month for those with incomes up to 150 percent of the FPL and $137 a month for those at 300 percent of the FPL. (Of note, beginning in 2024, the ConnectorCare Pilot expansion raises income eligibility from 300 to 500 percent of the FPL, effective through 2025. The Health Connector will monitor pilot implementation and impacts through FY24 and include details in the FY24 Annual Report for the Legislature.) ▪ The Health Connector continued to address health inequities through its Seal of Approval (SOA) plan design and certification process by eliminating cost sharing for certain medications related to chronic illness disproportionately borne by communities of color for ConnectorCare members in 2023. 4 ▪ Health Connector for Business continued to offer Massachusetts businesses with up to 50 employees a way to provide flexible benefit options in health insurance plans as well as premium rebates for participating in a wellness program. The Health Connector uses multi-channel outreach strategies including paid media, event participation, and close relationships with brokers to promote Health Connector for Business to small businesses across the Commonwealth. Health Connector staff spent the latter portion of FY23 collaborating on a refined strategic plan for 2024-2028, to review existing approaches to supporting the diverse needs of state residents who depend on Marketplace coverage. The 2024-2028 strategic plan provides a clear and measurable pathway for future policy, programmatic, and operational improvements to deliver high value coverage across the Commonwealth. The Health Connector continues to strive to improve the applicant and member experience, respond to and resolve customer issues at the member and operational levels, and enhance approaches to equitable health insurance coverage. The Health Connector will continue to build on its 18-year legacy of providing residents of Massachusetts with access to high-quality health insurance, responding to consumer needs and an ever-evolving policy and market landscape. The Health Connector looks forward to working with stakeholders to help Massachusetts to continue to lead the nation in health reform and coverage expansion. 1.0: Introduction 1.1: History of the Health Connector In Massachusetts, Chapter 58 of the Acts of 2006, the state’s landmark health reform law, and the Health Connector were built on the understanding that access to affordable and comprehensive coverage is a fundamental need of all Commonwealth residents. Since its creation, the Health Connector has maintained an essential role in the Massachusetts merged non-group and small- group market, including through the state’s transition to the federal Patient Protection and Affordable Care Act (ACA), which became law in 2010 and was largely implemented between 2014 and 2015. Through that transition, Massachusetts continued its commitment to keeping insurance affordable for low-income individuals and created the ConnectorCare program to supplement federal subsidies. ConnectorCare provides additional support to members to reduce both premiums and out-of-pocket costs at the point of service, such as co-pays. Historically, the program has served Health Connector members with income under 300 percent of the Federal Poverty Level (FPL), which is around $40,770 a year for an individual, or $83,250 for a family for 2023 plans. ConnectorCare has been critical to preserving coverage gains made in Massachusetts prior to the ACA and driving competition that helps keep premiums stable and low-cost in the merged market. See Appendix A for a timeline of milestones in Massachusetts market reform. 2.0: Policy Updates 2.1 Extension of ARP’s Enhanced Subsidies through the IRA Enhanced federal premium subsidies continue to increase affordability of health coverage for individuals and families in Massachusetts in FY23. The American Rescue Plan Act (ARP) was signed into law in March 2021 and included enhanced and expanded premium subsidies available through 5 state-based Exchanges like the Health Connector. While ARP’s expansion of APTCs was originally set to expire at the end of 2022, the Inflation Reduction Act (IRA), signed into law by President Biden on August 16, 2022, included a three-year extension of the enhanced ACA premium tax credits through 2025. These federal premium subsidy enhancements represent the most significant federal expansion of coverage and affordability since the ACA was passed and have increased affordability for hundreds of thousands low- and moderate-income residents across the Commonwealth. Approximately two-thirds of Health Connector members had lower premiums on their bills in FY23 than they would have without these enhanced subsidies. High impact provisions of the ARP and IRA in effect for 2021 through 2025 include: 1. Expansion of APTC generosity: Through 2025, expanded federal Advance Premium Tax Credits (APTC) enhance generosity for households with incomes under 400 percent FPL (about $54,360 for an individual or $111,000 for a family of four in 2023) in a manner that more closely mirrors the level of support that Massachusetts has provided for over a decade through state subsidies. 2. Expansion of APTC eligibility: Through 2025, there is no income “cap” on receiving APTCs, making subsidies available to households with incomes above 400 percent FPL for the first time. This ensures that a family’s contribution towards a benchmark plan premium will not exceed 8.5 percent of their household income. Extension of these enhanced subsidies has made coverage more affordable for nearly 200,000 Massachusetts residents, particularly given heightened costs of household goods and services. This extension brought about $160M-$175M additional APTC support into the state for the purpose of premium affordability in 2023 alone. In FY23, Massachusetts residents saved hundreds of dollars per month on Health Connector plans. All subsidized Health Connector enrollees are receiving more tax credits because of ARP (Table 1). Table 1. Impact of Enhanced APTCs Premium Savings for Massachusetts Residents in 2023 Due to Enhanced Premium Tax Credits ConnectorCare Up to $29/month APTC eligible enrollees above 400 Average of $219/month percent FPL Source: Health Connector September 2022 Board Presentation. Federal Policy Updates. https://www.mahealthconnector.org/wp-content/uploads/board_meetings/2022/09-08-22/Policy-Updates-090822.pdf. 2.2 The End of the Federal Public Health Emergency (PHE) and Medicaid Protections The Families First Coronavirus Relief Act (FFCRA) directed Medicaid agencies to keep all enrollees covered for the duration of the federal COVID-19 Public Health Emergency (PHE) which began in January 2020. The population protected in the Commonwealth’s Medicaid program, MassHealth, included individuals who reported eligibility changes that would normally make them ineligible for MassHealth and instead qualify them for Health Connector coverage. The Consolidated Appropriations Act, passed in December 2022, delinked the Medicaid continuous enrollment provision from the end of the PHE. As a result, the continuous enrollment provision ended on March