What we're experiencing now in Washington, D.C., doesn't happenoften. Seldom does the arrival of a new Congress and Administrationraise the prospect of widespread, broad and rapid changes in publicpolicy. As President Trump gets accustomed to his new digs at 1600Pennsylvania Ave., and the Republican majority in Congress preparesits proposals, a real chance exists for significantchange.

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This kind of singular political alignment, where one partycontrols both the executive and legislative branches of government,occurs infrequently in modern times and is usually short-lived.Still, we are in for some significant changes. Let's look at a fewthat touch on insurance.

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Health care

One of Donald Trump's main campaign pledges was to "repeal andreplace" the Affordable Care Act (ACA), known as Obamacare.Republicans in Congress are fully supportive of getting rid of theACA. But since the election, there have been indications that doingso may not be something that can be done quickly.

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In the week before the presidential inauguration, signs began toappear that changes in healthcare may be more complicated than somethought. Although the GOP in the House voted more than 40 times torepeal the ACA, their plan to replace it is still being developed.President Trump promised that repeal and replacement will happen eithersimultaneously or in quick succession. He also said he would try tokeep Obamacare's provisions barring pre-existing conditionexclusions and allowing adult children to stay on their parents'plans until the age of 26. Some Republicans are now advocating forhaving a replacement plan done before acting on repeal.

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A new report by the non-partisan Congressional Budget Office(CBO) says that if Congress repeals major provisions of theAffordable Care Act (ACA) while leaving other parts intact, 18million people could lose their health insurance within a year, 32million people could lose coverage by 2026, and individualinsurance premiums could double. All of this indicates that "repealand replace" is a big job that will take time.

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"You won't find a bigger supporter of a prompt and speedy reformof the ACA than the Insurance Commissioner of North Dakota," saidNorth Dakota's Republican Insurance Commissioner Jon Godfread in arecent letter to congressional leaders. "The last thing Americaneeds is another hastily-passed health care law without proper andprudent input from stakeholders across the country." Godfread urgedlawmakers to "return the authority for health insurance back towhere it belongs," the states.

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No matter what shape healthcare reform ultimately takes, PIAwill continue to support legislation to ensure that agent andbroker commissions are excluded from the calculation of a medicalloss ratio under the ACA, and that the "Cadillac Tax" (the 40percent excise tax on "overly generous" employer-sponsored healthplans set to take effect in 2020) be repealed.

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Small business and tax reform

This will be an easier lift for Congress. Lawmakers willcontinue to consider legislation to permanently stop implementationof the U.S. Department of Labor's overtime rule, which has beenhalted by a court injunction.

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A host of policies and legislative proposals seen as positivefor business can be expected from Congress and the TrumpAdministration. These will run the gamut from tax reductions toregulatory relief.

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Repeal of the Federal Insurance Office

As part of the effort to roll back regulations under theDodd-Frank Wall Street Reform and Consumer Protection Act, in lateNovember PIA was the first industry group to call for repeal of the Federal Insurance Office (FIO).Subsequently, the National Association of Insurance Commissionerscame out in support of FIO repeal, and others are expected tofollow suit shortly. PIA Vice President of Government Relations JonGentile spoke for FIO repeal during a meeting with the TrumpTransition Team in early January.

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The U.S. insurance industry is regulated effectively andefficiently by the states. An insurance office within the federalbureaucracy is unnecessary.

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Flood and Crop Insurance

Two issues important to insurance agents are coming up soon.

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The National Flood Insurance Program (NFIP) expires Sept. 30,2017, and needs to be reauthorized; the current Farm Bill, set toexpire in 2018, must also be renewed.

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Throughout 2016, PIA worked closely with Congress and otherinsurance stakeholder groups to lay the groundwork for legislativeaction on NFIP reauthorization. Priorities include:

  • A long-term reauthorization of the program to ensure stabilityfor consumers;

  • Cultivation of growth in the private flood insurance market as acomplement to the NFIP;

  • Elimination of the non-compete clause in the Write-Your-Own(WYO) Arrangement, which would allow WYO companies to sellstand-alone private flood insurance outside of the NFIP;

  • Gradual movement to risk-based rates to make the program morefinancially sound; and

  • Continuation of grandfathering of rates so that properties canbe transferred between owners without coverage disruption orsurprise.

Since the current Farm Bill was enacted in March 2014, insuranceagents have repeatedly turned back attempts by the ObamaAdministration to slash funding for the Federal Crop InsuranceProgram. With a new administration, there is optimism that supportfor the crop insurance program and the continuing role of the agentin delivering it will build in advance of the 2018 reauthorizationof the Farm Bill.

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Over the past several years, agents have achieved a series oflegislative wins, including passage of the Policyholder ProtectionAct, the Protecting Affordable Coverage for Employees Act, theNational Association of Registered Agents and Brokers, renewal of the Terrorism Risk Insurance Act, adelay until 2020 in the implementation of the ACA Cadillac Tax, andthe reversal of a planned $3 billion cut to crop insurance.

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With new political leadership in Washington, D.C., there isreason for great optimism.

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Ted Besesparis is senior vice president ofthe National Association ofProfessional Insurance Agents, Alexandria,Va.

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