Vermont’s two largest health insurance providers are seeking to block a report and testimony from the state’s chief health care advocate at upcoming hearings on rate hikes.
Blue Cross and Blue Shield of Vermont and MVP Health Care filed motions with the Green Mountain Care Board this week requesting an order barring Mike Fisher, the state’s chief health care advocate, from testifying.
Fisher’s primary responsibility is to represent the public interest in rate hearings for hospitals and insurers before the Green Mountain Care Board, the state’s health care regulatory body. The Office of the Healthcare Advocate is a law project run under Vermont Legal Aid, which seeks to aid Vermonters with insurance coverage issues. The office has a statuatory responsibility to represent the public on health care matters.
The two insurers are asking regulators to approve rate increases for next year. Blue Cross is asking for an average 5.3 percent hike for plans offered to individuals, families for similar plans.
The proposed changes are the result of increased hospital usage and drug costs. Insurers are also taking into account an anticipated loss of customers due to the elimination of the federal individual mandate. Beginning in January, the federal government will no longer penalize Americans who are uninsured.
Sara Teachout, a spokesperson for Blue Cross and Blue Shield of Vermont, said the nonprofit insurer, which has a near monopoly on the market in Vermont, opposes testimony from Fisher on technical grounds.
In an interview, Teachout denied that Blue Cross was blocking Fisher in the hearings. “Obviously the health care advocate’s office plays an important role in the rate hearing, and we’re not trying to exclude Mike Fisher or the health care advocate’s office,” Teachout said.
MVP Health Care is also requesting that Fisher be denied the opportunity to testify on technical grounds.
In a filing with the board, MVP said Fisher’s “expert report should be stricken in its entirety,” and his testimony should also be “barred,” officials wrote, “since it is no more than an opinion.”
Multiple calls seeking comment from Susan Gretkowski, the insurer’s senior government affairs strategist, were not returned on Friday.
Fisher declined to comment.
Rep. Bill Lippert, D-Hinesburg and chair of the House Health Care Committee, said the motions came as a surprise. His committee has prioritized inclusion of the office of the health care advocate in matters before the care board.
“Generally, the House Health Care Committee looks to the office of the health care advocate for testimony on a regular basis, because the legislature has created them and funded them to represent Vermont consumers,” Lippert said.
Lippert said he considers Fisher to be a strong public expert, particularly on issues of affordability.
“I’m not sure who else Green Mountain Care Board would turn to as an expert, particularly on affordability in the state of Vermont, I think that’s one of [the office’s] roles, and I think they should be a part of it,” he said.
Rep. Anne Donahue, R-Northfield and committee vice-chair, said the decision “incredibly startling.”
“I’m kind of stunned that they would take such an anti-public input position,” she said.
Donahue said Fisher serves a large number of clients and should be considered an expert.
“To attempt to deny the status of an expert witness to the person who is appointed by the state and by the legislature, to be the person who represents the interests of healthcare consumers, I think is a poor judgement call and a poor decision for insurers to take,” Donahue said.
The Green Mountain Care Board has scheduled three hearings on the rate increases.
Blue Cross and Blue Shield’s hearing is on Monday at 9 a.m. in Room 11 of the Vermont Statehouse. MVP Health Care’s hearing is on Tuesday at the same time and same place.
The board has also scheduled a two-hour public comment session on Tuesday in the Memorial Room at Montpelier City Hall, beginning at 4:30 p.m.
Executive Director Susan Barrett said the care board won’t comment on current motions under consideration.
A similar issue arose last year when Blue Cross and Blue Shield tried to strike public comments on wage growth made in an argument by the Office of the Health Care Advocate. That attempt was denied by the care board.
Sen. Chris Pearson, P/D-Chittenden, was involved in efforts in the House to bring the Office of the Health Care Advocate into the rate hike review process.
Pearson said he and other legislators felt the need for a “full throated voice” standing up for the public, similar to the Public Utility Commission.
“To me it’s unfathomable that the insurers have the audacity to make this motion,” Pearson said.
He called the advocate the “line of defense” in trying to keep prices under control for Vermonters, and said he trusts the board understands the vital role of the position as a strong voice in the process.
“I don’t think this is a controversial idea, unless you’re an insurance company,” Pearson said.
