NAHDO along with the APCD Council has been following the Gobeille v. Liberty Mutual Case closely. As many of you know, NAHDO was a lead petitioner, joined by the Council and CIVHC, and others in an Amicus brief to the Supreme Court in support of the Vermont Green Mountain Care Board. The Supreme Court of the United States (SCOTUS) decision in favor of Liberty Mutual was a disappointment - SCOTUS decided that Liberty Mutual, as a self-insured employer, can choose not to submit their health claims data to Vermont's all-payer claims database. The decision governs only claims data maintained by self-insured employer health plans governed by ERISA. However, the APCD Council remains committed to assisting states in their efforts to improve the health of their populations through improved transparency and informed decision making as well as to support state health reform activities.
The APCD Council is carefully reviewing the SCOTUS opinions to better understand the implications and opportunities for states. APCD data have been vital to many state efforts to support health care and payment reform efforts. Even if self-insured data is partially reported, statewide APCDs provide information on covered populations not available elsewhere and will remain a key tool for state efforts in these areas. We remain committed to assisting states in continuing their good work, and exploring solutions to ensure that states have the necessary data to continue their health improvement efforts. The value of APCDs is recognized by stakeholders across the country, and we are confident states will be able to continue to support local, data-driven decision making to improve the health of their populations.
The APCD Council is seeking state input about the decision. Please send any comments or questions for the APCD Council to info@apcdcouncil.org.