There is nothing in the Bill that directly states that individuals in the high-risk pool will be eligible for the subsidy program as it is discussed for the Exchanges.
(c) Qualified High Risk Pool-
(1) IN GENERAL- Amounts made available under this section shall be used to establish a qualified high risk pool that meets the requirements of paragraph (2).
(2) REQUIREMENTS- A qualified high risk pool meets the requirements of this paragraph if such pool -
(A) provides to all eligible individuals health insurance coverage that does not impose any preexisting condition exclusion with respect to such coverage;
(B) provides health insurance coverage -
(i) in which the issuer’s share of the total allowed costs of benefits provided under such coverage is not less than 65 percent of such costs; and
(ii) that has an out of pocket limit not greater than the applicable amount described in section 223(c)(2) of the Internal Revenue Code of 1986 for the year involved, except that the Secretary may modify such limit if necessary to ensure the pool meets the actuarial value limit under clause (i);
(C) ensures that with respect to the premium rate charged for health insurance coverage offered to eligible individuals through the high risk pool, such rate shall -
(i) except as provided in clause (ii), vary only as provided for under section 2701 of the Public Health Service Act (as amended by this Act and notwithstanding the date on which such amendments take effect);
(ii) vary on the basis of age by a factor of not greater than 4 to 1; and
(iii) be established at a standard rate for a standard population; and
(D) meets any other requirements determined appropriate by the Secretary.
So - yes, a high-risk pool will go into effect. It will cover not less than 65% and charge 'cost-sharing' of $5000 or $10000 (that's the section 223 of the IRS code) . . .unless the Secretary decides that needs to change to meet the actuarial value limit of 65%, which could mean more out of pocket or less . . .
The premium will not be substantively higher in the pool then it would be for a person without a pre-existing condition (that's the bit covered under section 2701 of the Public Health Act) - however, it can vary as much as 4 to 1 based on age. That is potentially FOUR times as much for an older person than a younger person.
(d) Eligible Individual- An individual shall be deemed to be an eligible individual for purposes of this section if such individual -
(1) is a citizen or national of the United States or is lawfully present in the United States (as determined in accordance with section 1411);
(2) has not been covered under creditable coverage (as defined in section 2701(c)(1) of the Public Health Service Act as in effect on the date of enactment of this Act) during the 6-month period prior to the date on which such individual is applying for coverage through the high risk pool; and
(3) has a pre-existing condition, as determined in a manner consistent with guidance issued by the Secretary.
So - you would also have to meet a few requirements for this: be a citizen and lawfully present.
Have been uninsured for at least 6 months prior to applying for coverage. Too bad if you just lost coverage in the last 5 months, I guess.
Have a pre-existing condition that falls under the 'guidance' issued by the Secretary. That hasn't been released yet, but one assumes it will be fairly comprehensive.
Of course, it's not that simple.
(2) HIGH-RISK INDIVIDUAL; PAYMENT AMOUNTS- The Secretary shall include the following in the provisions under paragraph (1):
(A) DETERMINATION OF HIGH-RISK INDIVIDUALS- The method by which individuals will be identified as high risk individuals for purposes of the reinsurance program established under this section. Such method shall provide for identification of individuals as high-risk individuals on the basis of -
(i) a list of at least 50 but not more than 100 medical conditions that are identified as high-risk conditions and that may be based on the identification of diagnostic and procedure codes that are indicative of individuals with pre-existing, high-risk conditions;
(ii) any other comparable objective method of identification recommended by the American Academy of Actuaries.
(B) PAYMENT AMOUNT- The formula for determining the amount of payments that will be paid to health insurance issuers described in paragraph (1)(A) that insure high-risk individuals. Such formula shall provide for the equitable allocation of available funds through reconciliation and may be designed -
(i) to provide a schedule of payments that specifies the amount that will be paid for each of the conditions identified under subparagraph (A); or
(ii) to use any other comparable method for determining payment amounts that is recommended by the American Academy of Actuaries and that encourages the use of care coordination and care management programs for high risk conditions.
Ah - there's a bit more information about that 'guidance' - best hope that your pre-existing condition is on that list.
Those Actuaries will also help determine how much money the insurance companies will get from high-risk folks in exchange for the wondrous 65% coverage. Wow. That's nice of them, isn't it?
And, finally, that pesky funding issue . . .
(g) Funding; Termination of Authority -
(1) IN GENERAL- There is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $5,000,000,000 to pay claims against (and the administrative costs of) the high risk pool under this section that are in excess of the amount of premiums collected from eligible individuals enrolled in the high risk pool. Such funds shall be available without fiscal year limitation.
(2) INSUFFICIENT FUNDS- If the Secretary estimates for any fiscal year that the aggregate amounts available for the payment of the expenses of the high risk pool will be less than the actual amount of such expenses, the Secretary shall make such adjustments as are necessary to eliminate such deficit.
So - there will be monies available to help fund this pool - but there is nothing about subsidy to individuals, nor any elucidation as to how that money will be made available or to whom.