Daily Industry Report - January 9

Your summary of the Voluntary and Healthcare Industry’s most relevant and breaking news; brought to you by the Health & Voluntary Benefits Association®

Jake Velie, CPT
Vice Chairman & President
Health & Voluntary Benefits Association® (HVBA)
Editor-In-Chief
Daily Industry Report (DIR)

Robert S. Shestack, CCSS, CVBS, CFF
Chairman & CEO
Health & Voluntary Benefits Association® (HVBA)
Publisher
Daily Industry Report (DIR)

HHS proposes new cybersecurity requirements as first major HIPAA update in 10 years

By Emma Beavins - The Department of Health and Human Services (HHS) proposed a rule days before the new year began that would hold healthcare organizations to a higher standard for protecting sensitive healthcare information from security threats like cyberattacks. Read Full Article…

HVBA Article Summary

  1. Enhanced Security Standards and Modernization: The proposed rule requires HIPAA-covered entities to implement modern technical standards, such as encryption and multifactor authentication, and raises security expectations for business associates. It emphasizes the need to safeguard electronic health information (ePHI) against emerging cybersecurity threats and clarifies that all ePHI is subject to the rule.

  2. Focus on Cybersecurity Resilience and Risk Assessments: The updates highlight the importance of cybersecurity measures that enhance recovery from breaches, including annual reviews of practices and assessments of new technologies like AI and quantum computing. Healthcare organizations must evaluate the cybersecurity risks of these tools, considering data access, disclosure, and output.

  3. Guidance and Flexibility for Compliance: While the rule outlines specific best practices and draws from established frameworks, it allows healthcare entities flexibility in determining appropriate measures for their unique contexts. The OCR seeks to balance enforcement with practical implementation timelines, acknowledging the challenges faced by smaller organizations lagging in cybersecurity.

HVBA Poll Question - Please share your insights

Do your employer groups offer a program to their employees providing them a way to access the legal, financial, and medical resources needed to provide care and respond effectively to unexpected emergencies for themselves and their loved ones?

Login or Subscribe to participate in polls.

Our last poll results are in!

35.06%

of Daily Industry Report readers who participated in our last polling question when asked what their opinion of the FDA’s recent decision to reinstate Lilly’s Tirzepatide on the drug shortlist was, agree with the FDA’s decision and believe “Patients need access to this medication and there still isn’t enough supply.”

29.87% somewhat agree. But [are] skeptical of compounding. 25.98% remained “neutral,” while 9.09% disagreed with the decision.

Have a poll question you’d like to suggest? Let us know!

Healthcare Stocks Are Down and Out. Opportunities Abound.

By David Wainer - Donald Trump’s election win prompted even more bullishness in a stock market that was already up significantly for the year. For healthcare investors, though, it represented yet another reason to dump some stock. Read Full Article… (Subscription required)

HVBA Article Summary

  1. Political Uncertainty and Market Impact: The appointment of industry skeptics like Robert F. Kennedy Jr. and expectations of Republican-driven reforms to Medicaid and Obamacare have led to significant selloffs in healthcare stocks, including hospitals, pharmaceuticals, health insurers, and biotech. This market reaction reflects fears of regulatory crackdowns and reduced profitability in the sector.

  2. Financial Underperformance and Earnings Pressure: Healthcare stocks have significantly underperformed the S&P 500, with a 20-percentage-point gap in 2023, driven by higher post-pandemic costs for insurers and acquisition-related charges in pharma. The sector faces a negative earnings-revision cycle, exacerbating investor pessimism despite a broader market boom, especially in tech.

  3. Potential for Recovery and Investment Opportunities: While the political overhang persists, historical trends suggest healthcare stocks often rebound as policy fears subside. Investors can find value in companies with strong growth products like Intuitive Surgical and Eli Lilly or in undervalued, dividend-paying stocks such as CVS Health and Pfizer, despite ongoing volatility.

More states crank up oversight of health insurers

By Tina Reed - Mounting public anger over health insurance is leading more state legislatures to eye tighter oversight of the industry, starting with its use of AI to screen claims and issue denials. Read Full Article… (Subscription required)

HVBA Article Summary

  1. State-Level Regulation and Legislative Momentum: State governments remain the primary regulators of health insurance, positioning them as key actors in addressing care access and adequacy. The killing of UnitedHealthcare CEO Brian Thompson has intensified scrutiny on insurers, leading to a surge in state-level legislative activity targeting prior authorization and coverage denial practices.

  2. Recent Legislative Actions and Reforms: Several states have already implemented or proposed reforms aimed at curbing restrictive insurance practices. California recently banned the use of AI in coverage denials, while states like New Jersey and Illinois have enacted laws mandating quicker coverage decisions and prohibiting "step therapy" requirements, respectively.

  3. Tradeoffs and Industry Pushback: While the growing state efforts could improve patient access and care quality, they may also lead to higher insurance premiums if insurers face limitations on cost-cutting measures. The insurance industry defends the use of AI for improving customer experiences and fraud detection, emphasizing their role in managing rising healthcare costs.

Aetna sues major drugmakers over alleged price-fixing conspiracy

By Alan Goforth - Aetna in late December sued 20 major pharmaceutical companies, accusing them of engaging in a conspiracy to fix prices for more than 100 generic medications. Read Full Article… (Subscription required)

HVBA Article Summary

  1. Allegations of Price Fixing and Market Manipulation: Aetna accuses Novartis, Pfizer, Teva Pharmaceuticals USA, and other companies of participating in a conspiracy to inflate the prices of 111 generic drugs, including essential medications like Gabapentin and amoxicillin. The complaint details practices such as market allocation, coordinated price hikes, and evidence destruction, allegedly resulting in significant overcharges for Aetna and its beneficiaries.

  2. Impact on Competition and Consumers: The lawsuit claims that the defendants' actions restricted market competition by preventing generic drug prices from decreasing as expected when generics enter the market. Aetna alleges that this manipulation led to excessive profits for the companies involved, harming consumers, the government, and private health benefit providers through artificially high drug costs.

  3. Legal Remedies and Trial Timeline: Aetna is seeking treble damages, injunctive relief, and declaratory relief as part of its lawsuit, aiming to recover losses from the overcharges. The trial, scheduled for 2026, will address the claims of price-fixing and market manipulation involving the pharmaceutical companies named in the suit.

The major factors that go into the decision to cover GLP-1s

By Harrison Newman - Glucagon-like peptide-1 (GLP-1) medications are doing more than transforming waistlines and blood sugar levels — they're redefining corporate culture. Read Full Article… (Subscription required)

HVBA Article Summary

  1. Financial Implications and Cost Management: Employers face rising health plan costs, with GLP-1 medications significantly contributing to an expected 8% increase in 2025. The inconsistent long-term use of these medications and potential weight regain after discontinuation raise concerns about return on investment (ROI). To manage financial impact, companies are adopting strategies such as limiting coverage to specific health conditions and exploring more affordable alternatives like compounded medications.

  2. Cultural Impact and Employee Wellness: Covering GLP-1 medications is becoming a reflection of company values, emphasizing a commitment to employee health and wellness. Providing access to these medications can position a company as progressive and health-conscious, improving employee morale and attracting talent. However, this decision extends beyond offering a trendy benefit, as it aligns with broader goals of supporting long-term employee well-being.

  3. Evolving Market and Future Accessibility: The GLP-1 market is rapidly expanding, with over 16 new weight loss medications expected by 2029, including more convenient oral formulations. Price reductions are anticipated due to market competition, drug price negotiations, and the emergence of generic alternatives. These trends suggest a more financially viable future for GLP-1 coverage, making it an increasingly important consideration for modern employee benefits packages.

Biden administration achieves fourth record-breaking ACA enrollment ahead of exit

By Joseph Choi - The Biden administration has achieved a fourth consecutive record year in HealthCare.gov Marketplace enrollment, one week before the final sign-up deadline and its imminent exit from office. Read Full Article…

HVBA Article Summary

  1. Record Enrollment and Enhanced Subsidies: Nearly 24 million people have signed up for Affordable Care Act (ACA) Marketplace plans for 2025, surpassing last year's 21.3 million enrollees. This growth has been largely attributed to enhanced subsidies introduced under the American Rescue Plan Act (2021) and extended through 2025 by the Inflation Reduction Act.

  2. Political and Financial Challenges: While the subsidies have significantly expanded coverage, they pose financial challenges, with the Congressional Budget Office (CBO) estimating a $335 billion cost over 10 years if made permanent. If the subsidies expire in 2025, an average of 3.8 million people could lose coverage between 2026 and 2034.

  3. Political Landscape and Future Uncertainty: President Biden has urged Congress to extend the ACA premium tax credits, emphasizing his administration's success in expanding affordable healthcare access. However, with Republicans poised to control the federal government when the subsidies expire, the continuation of these benefits remains uncertain despite the ACA's growing entrenchment alongside federal entitlement programs like Medicare and Medicaid.

Drugs and dollars: Medication pricing in the US

By Julia M. Johnson - With all the news coverage of high-dollar prescription drugs these days, it’s not hard to imagine many patients feeling pangs of concern as they approach the pharmacy counter: Will the medications I need be available? Will they be covered by insurance? If not, will they be affordable? Read Full Article…

HVBA Article Summary

  1. Rising Prescription Drug Costs: Prescription drug costs are increasing as a share of overall insurance premiums, currently accounting for 24%, up from 22% two years ago, highlighting the financial strain on the healthcare system.

  2. Innovation Driven by Smaller Firms: Smaller, emerging pharmaceutical firms are leading drug innovation, accounting for 54% of new drug development in 2022, while larger firms focus more on revenue generation rather than groundbreaking research.

  3. Cost Management Strategies: Strategies to control prescription costs include value-based contracting, pharmacy benefit management, and clinical management tools, ensuring patients receive necessary care while minimizing waste and promoting adherence to prescribed medications.