Dear NAHDO members and community:
 
As most of you are aware, the Supreme Court decision on the Gobeille v. Liberty Mutual Insurance Company has created a series of discussions across states and the industry.  NAHDO wants its membership to know that as Co-leader of the APCD Council, I am actively engaged with these discussions and we are working with our data community to identify options for moving forward.  Please see the notice that went out to the APCD Learning Network today, posted below.  I invite all NAHDO members to become engaged with these discussions.  If you have comments or want to become engaged, please email me at dlove@nahdo.org.  If you have not read the SCOTUS Amicus Briefs or the decision, these can be found at: http://www.scotusblog.com/case-files/cases/gobeille-v-liberty-mutual-insurance-company/
 
I assure you that we will be hearing more about this case and this issue in the upcoming months.
 
Denise Love
 

APCD Council Statement on Key Activities Related to SCOTUS Gobeille v. Liberty Mutual Insurance Company Decision

Since March 1, the APCD Council has been talking to many members of the APCD stakeholder community to better understand the implications of the SCOTUS Gobeille v. Liberty Mutual Insurance Company decision. The decision has caused widespread concern throughout the health research and policy communities, underscoring the importance of the role of APCDs in improving the health and health care of individuals, and validating longstanding efforts by states to establish these important databases.

The APCD Council is disappointed that the decision went against the Green Mountain Care Board in Vermont, but the significant attention to the issues since the ruling highlights the pressing need for APCDs in the current landscape and broad support for exploring options going forward. State entities remain committed to supporting data-driven decision making, and to collecting data through the APCD to support transparency and transformation in health care.

While the Gobeille decision raises difficult questions, states across the country are working closely with the carriers, employers, and policy makers to identify the best ways to support the ongoing needs of the data submitters and state entities. To date, key activities resulting from the decision include:

1. Reviewing the data submission requirements in states, and how they are affected by the ruling. While there are many plans covered by ERISA (and, therefore, this ruling), data from many plans are not impacted by this ruling.
2. Developing tools to communicate directly with employers to ensure that employer stakeholders understand the value of APCDs for improving the health of a state. Employers have an important role ensuring that an APCD can be used to drive changes in the local health care environment that support the health of their employees. In instances that an employer would like to opt out of submitting data to an APCD, states are identifying the mechanisms for employers to communicate interest in opting out of the data submissions to the states.
3. Analyzing the options for alternatives to data collection authority offered in the Supreme Court's opinions and what pathways may exist to leverage those alternatives. The Supreme Court specifically noted the Department of Labor as having a potential role in data acquisition efforts, and that is currently being explored.

The SCOTUS decision has created new barriers to transparency and health reform efforts, but has also highlighted the value of state APCDs, and states are actively addressing the issues resulting from the decision. The APCD Council is actively working to coordinate state efforts around these issues. If states are interested in participating in these conversations, please reach out with input to info@apcdcouncil.org.

We encourage those interested in staying involved in the conversation to contact us at the APCD Council, info@apcdcouncil.org. 
 
We will be following the activities related to the SCOTUS decision closely, and providing updates and resources as they become available.
 
Thanks,
The APCD Council Leadership Team