The Main Street Alliance and Small Business Majority filed a "friend of the court" brief to the United States Supreme Court presenting a small business case for upholding the Patient Protection and Affordable Care Act.
November 10: Small Business Owners Demand Banks, Health Insurers, Oil Companies Come Clean on Dark Money
Small Business Owners to Banks, Insurers, Energy Companies: “How Are You Spending Our Money?”
Washington, DC—Small business owners in the Main Street Alliance network launched the “Business Against Dark Money” campaign today, calling on banks, health insurers, and oil companies to fully disclose their “dark money” spending – dues and contributions to trade associations and other third parties that can then be used for political purposes, often to advance big business interests at the expense of small businesses, without disclosure of the original source.
Click below for letters sent to national banks, health insurers, energy companies, and their trade groups (state level letters are available upon request; email firstname.lastname@example.org).
OIL AND GAS COMPANIES:
On October 20, an all-star team of small business leaders from across the Main Street Alliance network made the trek to Washington, DC to represent the voice of Main Street small businesses in the nation’s capital.
Business owners came from Montana, New Jersey, New York, Oregon, and Washington to participate in meetings on Capitol Hill. In a day and a half, the team conducted close to 20 meetings with Senate and House offices, including three face to face meetings with U.S. Senators.
The group held wide-ranging conversations with congressional offices, covering topics including job creation and regulations, revenues and investment, health care, immigration reform, and fixing the housing market.
Some Hill staffers acknowledged that it was helpful – and refreshing – to hear from real small business owners back in their home states and districts, and to hear business owners with a different perspective on topics like taxes and regulations than you hear from the inside-the-beltway business lobbies. Mission accomplished!
Here’s a quick taste of some of the issues the group discussed in meetings on Capitol Hill:
Job Creation & Anti-Regulatory Attacks
Despite all the rhetoric in DC about “regulations,” what small businesses need is customers – demand – not deregulation. The focus on rolling back regulations is counterproductive in two ways. First, it distracts from the real issue, which is rebuilding the small business customer base. Second, the rules and standards that are under threat of being rolled back (financial reform, clean air, health insurance market reforms) are ones that protect small businesses and the communities they rely on from mistreatment by big corporate interests. Rolling back these standards and rules would only shift more risk and more costs onto the shoulders of small businesses.
See MSA’s 10 “dos and don’ts” for job creation
Revenues and Taxes
On revenues and taxes, Main Street Alliance small business owners stand squarely in support of efforts to raise revenues by closing corporate tax loopholes, ending the abuse of off-shore tax havens, and generally ensuring that large corporations and the wealthy are paying their dues. As MSA Executive Committee member Kelly Conklin puts it, “If you want to fly the American flag outside your corporate headquarters, you should be paying your way.” Raising revenues in these ways would generate resources for important investments in infrastructure and job creation, and it would level the playing field for small businesses (who don’t have access to things like off-shore tax havens) at the same time.
At the same time, MSA small business owners are strongly opposed to the push for a repatriation “tax holiday” for large multinational companies, or to giving big corporations a permanent tax holiday – and permanent incentive to off-shore jobs and profits – through what’s called a “territorial” tax system.
See the recent coalition letter MSA signed onto about tax reform
On health care, the MSA delegation discussed important advances in health care reform, and highlighted opportunities to continue building on health reform to maximize the benefits for small businesses.
The MSA delegation in DC also discussed the importance of a comprehensive approach to immigration reform for businesses, workers, and the economy. Enforcement-only policies like the mandatory E-Verify proposal currently in the House of Representatives would be bad for small businesses, bad for the workforce, and bad for the country’s bottom line.
See MSA’s fact sheet about the dangers of mandatory E-Verify
Fixing the Housing Market
On the importance of dealing with the mortgage crisis to create the space for consumer demand to bounce back and help drive the economic recovery, MSA’s small business owners believe more needs to be done. A newly announced program that may allow 1 to 2 million homeowners to refinance is a positive step, but with an estimated 11 million homeowners underwater in their homes, Congress and the Administration should advance proposals for mortgage modification and refinancing on a much larger scale to truly get at the problem of stifled consumer demand.
Changes are finally coming to states’ health insurance marketplaces. For small businesses, these changes can’t come soon enough. New rules prohibiting discrimination and strengthening oversight of rate increases will protect small businesses from rate shocks. A guaranteed essential benefits package will provide assurance of a minimum level of coverage. And new state insurance exchanges will enhance choice and competition.
But there’s one segment of many states’ insurance markets that is looking to dodge these new rules: association health plans (AHPs). AHPs are coordinated by membership associations – for example, state and regional chambers of commerce. Indeed, some state chambers are among the groups pushing to shield AHPs from having to play by the same rules as other health plans as the Affordable Care Act’s market reforms phase in.
But who really wins if association health plans are allowed to skirt market reforms and thumb their noses at the new rules?
Unregulated AHPs threaten the success of the new state insurance exchanges: by cherry-picking out the youngest and healthiest enrollees, they could stick an exchange with an older and more illness-prone population. That’s clearly not good for any small business participating in the exchange.
On the flip side, businesses getting their health coverage through AHPs won’t have the benefit of the ACA’s new protections – they’ll still be subject to rate discrimination, unreviewed rate hikes, and “thinsurance” (policies with such skimpy coverage they’re barely worth the paper they’re written on). It’s hard to describe that as “winning,” either.
The real winners from allowing AHPs to continue unregulated? The insurance companies (who get to keep doing business as usual, as if health care reform never happened) and the associations that make a regular income from marketing AHPs to their members.
The solution? That’s easy enough: make AHPs play by the same rules as any other health plan in the small group or individual market. Some groups that sell association plans to their members will undoubtedly lobby tooth and nail against this idea, but if they do they’re putting their own bottom line ahead of the best interests of the broader community – not to mention their own members.
Brianne Harrington, owner of The Painted Pot in Helena and a leader with the Montana Small Business Alliance, had an op-ed printed in the Helena Independent-Record making the case for implementing the new value for premiums (medical loss ratio) requirement.
We won’t fix our broken health care system if we allow insurers to cook the books and go on doing business as usual. We need our health insurance companies to approach the premium value requirement as an opportunity to find ways to increase value and cost savings for their members, instead of trying to circumvent it.
Small business owners focus our best energies on providing good value to our customers every day. We deserve and expect nothing less from our health insurance companies.
If upheld by full NAIC, recommendation would gut MLR requirement, hand almost $1 billion in small business and individual rebates back to insurers
Washington, DC – Today, a work group of the National Association of Insurance Commissioners (NAIC) voted to recommend NAIC endorsement of a legislative proposal that would undermine the Affordable Care Act’s minimum medical loss ratio (MLR) requirement by removing agent and broker commissions and fees from the calculation of administrative costs. The Main Street Alliance released the following statement in response:
Kelly Conklin, owner of Foley-Waite Associates, Inc and a member of the Main Street Alliance Steering Committee:
"Today’s task force vote was a very good vote for big insurance and a very bad vote for small businesses. The task force voted to take almost $1 billion in annual rebates to small businesses and individuals and just hand that money right back to the health insurance companies, no questions asked. That’s a real poke in the eye to Main Street.
"The value for premiums requirement is one of the key benefits of the new health law for small businesses. It should be implemented as written, not undermined to bail out the health insurance companies from having to fix their broken business model. If the full NAIC takes into account what small businesses need, they’ll vote to overturn this misguided recommendation and support the value for premiums requirement as written."
The Main Street Alliance submitted a letter on June 28 to the task force outlining the importance of the MLR requirement for small businesses and urging the task force to recommend no change to the requirement. Download a copy of the letter here.
One of the key provisions of the Affordable Care Act passed in 2010 was something called a minimum Medical Loss Ratio (MLR) requirement. This requirement establishes a basic level of value for premiums. Insurers either meet that standard or, if they fail to, owe rebates to their customers.
If this requirement had been in effect in 2010, health insurance customers would have received rebates of almost $2 billion from insurers who failed to meet the value for premiums standard. That’s some serious money back in the pockets of small business owners who've paid too much for health care – and a serious incentive for insurers to hold premiums down and increase value in the future.
Predictably, these new requirements have come under attack by industry groups that want to roll them back and allow insurers to continue doing "business as usual." The latest attack is an attempt to remove agent and broker commissions and fees from the value for premiums calculation.
What would that mean for small businesses? This change would wipe out $1.2 billion – more than half – of the potential rebates in the 2010 estimates. And, it would undermine the incentive for insurers to hold premiums down going forward.
The Main Street Alliance submitted a letter to a task force of the National Association of Insurance Commissioners (NAIC) on June 28 outlining the small business case for protecting the value for premiums requirement and implementing the new minimum medical loss ratio standards without changes.
New research released today re-confirms two key points that small business owners who've been fighting for health care reform knew all along:
- First, that employer health coverage has been on the decline for the last decade, and small businesses have been feeling the squeeze more than anyone.
- And second, that provisions of the Affordable Care Act are going to bring health coverage within reach for a lot of small business owners who want to offer coverage but haven't been able to.
This second point is real good news for small businesses, and it comes in an Urban Institute report released today by the non-partisan Robert Wood Johnson Foundation (it's refreshing to see some real research after the circus show over the controversial McKinsey & Co. "study" that has been thoroughly debunked over the past week).
The Urban Institute study forecasts that insurance offer rates for firms with 100 or fewer employees will increase by nearly 10 percent thanks to the Affordable Care Act's health insurance exchanges and other insurance market reforms. Firms with fewer than 10 employees are expected to see the biggest jump - an increase of more than 14 percent. Talk about delivering big for small businesses!
Of course, many important decisions remain to be made about how states will set up their new insurance marketplaces, or exchanges. Main Street Alliance leaders are actively engaged in states from Maine to Oregon to promote exchanges that maximize on the opportunity to make quality, affordable health coverage available to all small businesses.
Small business owners demand to know if insurers are bankrolling new campaign to undermine health law
WASHINGTON, DC – Today, the U.S. Chamber of Commerce and allies announced their latest campaign to undermine the nation’s new health law by attacking one of the law's funding sources: a fee on health insurance companies. The Main Street Alliance released the following statement from David Borris, owner of Hel's Kitchen Catering in Northbrook, IL and a member of the Main Street Alliance executive committee, in response:
Health insurance companies are reporting the biggest profits in their industry's history, beating analysts' expectations by an average of 30 percent in the first quarter of 2011.(1) So let me get this straight: the U.S. Chamber and its allies are arguing to let insurance companies off the hook from paying their fair share to bring the small business benefits of the health law – things like rate review and a value for premiums requirement – to market? And they’re making that argument in our name, in the name of America's small businesses?
This looks like another case of small business identity theft – hiding behind small business arguments to defend big insurance profits, just like when health insurers secretly funneled $86 million to the U.S. Chamber in 2009 to fund attacks on health reform in the name of the business community. We'd like to know, are the insurance companies bankrolling this latest campaign, too?
(1) Reed Abelson, "Health Insurers Making Record Profits as Many Postpone Care," The New York Times, May 13, 2011, http://www.nytimes.com/2011/05/14/business/14health.html?emc=tnt&tntemail0=y
The country observed National Small Business Week in May (see the Presidential Proclamation). The Main Street Alliance marked the occasion by releasing its “State of the Small Business Nation – 2011.” This white paper includes a “Small Business Top Ten List” of concrete policy opportunities to level the playing field for small businesses and help them create jobs.
While pundits and politicians like to label policies “pro-business” or “anti-business,” as if there were one unified business interest, the reality is that policies that make winners out of some businesses make losers out of others. As Bruce Josten, the chief lobbyist of the U.S. Chamber of Commerce, put it, “You’re never going to have one hundred percent unanimity. Never. There is inherent tension… I laugh every day when someone calls and asks what does the business community think.” (1)
While Mr. Josten pointed to tensions between oil and gas companies, wholesalers and retailers, investment banks and retail banks – all big corporate players – his point applies even more so to the dynamics between big business and small business. While pundits and politicians like to lump all business interests together, the truth is that policies that benefit large corporate players very often tilt the playing field against small businesses.
In a cover letter to President Obama, senior administration officials, and congressional leaders on May 18, Main Street Alliance business leaders wrote:
Our members come from states across the country and a wide range of sectors, but we are united by a common set of values – small business values. We believe in what we do, we stand by our products and services, and we want people in government and corporate leadership who do the same. We stand for fair play and a level playing field. We stand for having each other’s backs. We believe America’s future prosperity depends on everyone contributing their fair share.
These small business values are what guide our business decisions and our commitment to advancing policies that fulfill the promise of an economy that works for all of us – small businesses, our employees, and the communities that sustain us.
(1) James Verini, “Show Him the Money,” Washington Monthly, July/August 2010, http://www.washingtonmonthly.com/features/2010/1007.verini.html