Legislative Update
Although scandals involving Walter Reed Medical Center and fired
U.S. prosecutors are dominating Washington headlines, behind the
headlines Congress is busily moving forward on significant policy,
particularly within the context for the FY2008 budget process.
Although positions on all issues seems to be hardening along party
lines, it remains to be seen whether Democrats will be able to
secure the wholesale support of their caucus on critical votes in
the face of the certain unanimity in the Republican conference.
Among the first budget confrontations to emerge was the debate over
the War Supplemental and Emergency Spending appropriations. Moving
outside the regular appropriations order because of its designation
as emergency spending, this legislation would continue to fund the
ongoing war effort in Iraq and Afghanistan and other “emergencies.”
However, in an effort to secure enough support for their proposal to
withdraw troops from Iraq, the Democratic leadership had added
billions of dollars of additional spending to entice support for the
bill. One of these sweeteners is additional funding to fill a
shortfall in funding for the SCHIP program. As passed by the House
Appropriations Committee, the proposal adds $750 million for SCHIP
to ensure continued healthcare coverage for children in 14 states
that face a budget shortfall in the program. As of submission of
this report, it is unclear whether Democrats will have sufficient
votes for this effort – in fact, the latest reports indicate that
they do not. The House of Representatives passed this legislation
last week by a vote of 218 to 212. The Senate has yet to take up
this legislation. Regardless, President Bush has indicated that he
would veto the legislation if it comes to his desk.
Although the supplemental appropriation has been a focus of many,
the big budget enchilada (in a public policy sense of the term) has
been the Congressional Budget Resolution. The Budget Resolution
provides a blueprint for spending on Federal programs and does not
require the approval of the President. Both Congressional Budget
committees have passed the legislation, and the Senate approved its
version on Friday by a vote of 52-47. The $2.93 trillion budget is
the first time in 12 years that Congressional Democrats have had an
opportunity to put their imprint on the Federal budget with their
priorities. Of interest to safety net health plans (SNHPs), the
Senate’s FY08 budget would provide up to $50B over 5 years to expand
coverage of the estimated six million children eligible but not
enrolled in either SCHIP or Medicaid, and maintain coverage for all
currently-enrolled children. The Senate budget also assumes savings
from price negotiation for the Medicare drug benefit and establishes
a $5 billion reserve fund to make improvements to the Medicare Part
D benefit, such as changing asset requirements for the low-income
subsidy, improving outreach efforts for the low-income subsidy, or
providing coverage for certain mental health medicines currently
excluded under the Medicare Modernization Act. In addition, the
budget would provide a $536 million increase in the community health
center program.
During the Senate floor debate, ACAP was monitoring several key
amendments of policy interest to SNHPs, including:
- The Smith Amendment provided that any revenues
generated from an increase in Federal cigarette taxes should be
used to fund the SCHIP program (passed 58-40);
- The Cornyn Amendment would have limited eligibility
for SCHIP to children below 200 percent of poverty (failed
38-59);
- The Chambliss Amendment created a reserve fund for
SCHIP reauthorization that would limit state flexibility to
cover parents and childless adults and create an option to cover
mental and dental health for children (failed 44-55);
- The Hatch Amendment would protect Medicare Advantage
by prohibiting the Finance Committee from changing Medicare in a
manner that would lead to fewer coverage choices for Medicare
beneficiaries, especially for those beneficiaries in rural areas
or result in reduced benefits or increased cost-sharing for
Medicare beneficiaries who choose a Medicare Advantage plan
under part C of such title XVIII, especially for low-income
beneficiaries who depend on their Medicare Advantage plan for
protection from high out-of-pocket cost-sharing (failed 49-50).
The House of Representatives is scheduled to take up their version
of the FY08 Budget Resolution this week.
ACAP continues to work to position its top legislative priority,
equalizing the treatment of the Medicaid drug rebate for managed
care enrollees, as a reasonable offset to pay for the cost of
reauthorizing the SCHIP program. ACAP is awaiting a redraft of the
legislative language from outside counsel and hopes to be able to
clear the revised language with ACAP member plans no later than the
end of March. Finance Committee staff have indicated that they will
need our legislative language in April to consider it for inclusion
in the SCHIP reauthorization bill.
Medicare Advantage also has taken on greater visibility in Congress
as the House and Senate look for ways to offset different Democratic
spending priorities. A big chunk of the offset would come from
reductions in payments to health care providers – the biggest chunk
likely to come from Medicare managed care plans. Although Democrats
continue to say that they are not defunding the MA program, they
have always been suspicious of Medicare Advantage as an effort by
Republicans to shift Medicare into private sector plans, thereby
eliminating the Federal health care bureaucracy, the Centers for
Medicare and Medicaid Services. Now that Democrats are in control,
they will be much harder on the program. In fact, the House Ways and
Means Health Subcommittee held an oversight hearing on Wednesday
that focused on the Medicare Advantage program. Subcommittee
Chairman Pete Stark took to task claims by AHIP, BlueCross/BlueShield
claims that the MA program disproportionately served the poor,
showing that the proportions of poor and minority patients in MA
plans reflects the proportion in the regular Medicare program.
ACAP also continues to promote the interest of SNHPs on a number of
other fronts, including health information technology and health
disparities legislation. ACAP’s lobbyist has been working to educate
key Congressional committees about the unique role of SNHPs in the
health care system. Most recently ACAP has met with the HELP
Committee staff to improve the health disparities legislation
introduced last year that provided funding opportunities for health
plans, but provided no special consideration or recognition for
SNHPs among other safety net providers. ACAP hopes to continue
making inroads in these issues and calls upon all ACAP members to be
in a continuous process of educating their elected officials about
SNHPs and the unique role they play.
CMS Reverses Newborn
Deemed Eligibility Rule
CMS has reversed the policy it instituted last summer prohibiting
states to deem Medicaid eligibility for infants born to unqualified
immigrant mothers (either undocumented or legal in the U.S. for
fewer than five years) whose births are paid by emergency Medicaid.
Since 1984, federal Medicaid policy has required states to provide
one year of automatic Medicaid eligibility to babies when the births
were covered by Medicaid. Without modification to the law, CMS
directed states not to provide automatic coverage to babies whose
mothers do not meet the citizenship documentation requirements,
despite the fact that the babies were born in the United States and
Medicaid covered the cost of their birth.
CMS distributed a press release late in the day on March 20 stating
that it will publish a new interim rule in the near future reversing
the policy instituted in 2006, and allow newborn babies whose
mothers were on emergency Medicaid at the time of birth to again
receive a full year of Medicaid eligibility.
Washington State’s Governor Gregoire (D) filed a lawsuit against the
Federal government in early March regarding the prohibition on
deemed eligibility. In addition, Senator Charles Grassley (R –
Iowa), the ranking Republican on the Senate Finance Committee,
introduced legislation called “The Guaranteed Access to Medicaid for
Newborns Act” to clarify that a child whose birth is paid for by
Medicaid is deemed eligible for Medicaid for a year, regardless of
the mother’s citizenship status.
ACAP Sharing Services
In the
members only section of our website, there are several areas
that we want to remind you to look at periodically, including a
large section of shared documents, which includes disaster
recovery plans, compliance documents, job descriptions. We also
have several surveys we have done of our plans.
ACAP and Medicaid
Health Plans of America Release New Lewin Rate-Setting Case Study
“Collaboration in Medicaid Managed Care Rate Setting,” a new case
study produced by The Lewin Group and jointly funded by ACAP and
Medicaid Health Plans of America, provides a close look at
collaboration between states and Medicaid health plans during the
rate-setting process. This report represents phase two of a two-part
project, and follows an initial report on rate-setting and actuarial
soundness made public in 2006. For phase one, Lewin conducted a
survey of states and plans to assess their processes and level of
collaboration, and found that in some states health plans have some
input into the rate-setting process, but that in many states
budgetary factors influence the final rates, and plan input does not
always have a material impact on the plans’ cost of providing
benefits.
“Collaboration in Medicaid Managed Care Rate Setting” is a case
study of three states and is derived from interviews with
representatives from three Medicaid managed care plans. It finds
that 1) the level of collaboration depends on the people involved at
the state level, 2) in some states, the health plans are very
involved in the process but their input may or may not lead to any
changes in the rates, and 3) in other states, the Medicaid managed
care rate-setting process has become more collaborative in recent
years.
The report also highlights a best practice – open and regular
communication with the states during the rate-setting process – and
several challenges for Medicaid plans, including tight timeframes
and the need for legislative approval, use of budget considerations
in the rate-setting process, and lack of responsiveness to plans’
market considerations.
The report concludes that a collaborative process between states and
plans is critical, adequate timeframes are needed, the effect of
state budget considerations on Medicaid rates is of great concern to
plans, and CMS, states and plans together need a shared
understanding of how plan and program characteristics should be
reflected in the administrative cost component of the capitation
rates.
ACAP distributed this paper to the Board at the March Arizona Board
meeting
Click Here to view the Lewin Paper.
ACAP Signs Policy
Letters to CMS to Stop Medicaid Cuts, Provide Health Care to Legal
Immigrants
On March 19, ACAP signed on to a Families USA comment letter to CMS
about proposed cuts to Medicaid payments to public and safety net
providers. The cuts, described in CMS’s interim final rule entitled
“Cost Limit for Providers Operated by Units of Government and
Provisions to Ensure the Integrity of Federal-State Financial
Partnership,” were published January 18, 2007, and are likely have a
severe negative impact on public providers, partners in many cases
to ACAP members. In addition, the cuts will also drain funding from
the Medicaid program in general.
The letter states that “Ultimately, individuals with health care
needs will pay the price. Cutting public provider reimbursement and
squeezing state budgets will lead to substantial reductions or
outright elimination of critical services for Medicaid beneficiaries
and the uninsured.”
The Families USA letter was also signed by numerous provider groups,
and serves as a formal comment to CMS. At its discretion, CMS may
use the comments it receives to alter the final version of the rule.
Earlier in the month, ACAP also signed a letter circulated by the
National Immigrant Law Center (NILC) requesting that the Immigrant
Children’s Health Improvement Act (ICHIA), be included in any SCHIP
bill considered by Congress. ICHIA would restore Medicaid and SCHIP
benefits to lawfully present immigrant children and pregnant women,
reversing the “five year bar” instituted by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).
The text of the letter references research demonstrating that
immigrant children are less likely to obtain medical care than
native-born children, and that failing to provide basic preventive
care for immigrant children jeopardizes their health and creates a
need for more expensive subsequent care.
The text of the letter can be found on the following website:
http://www.democracyinaction.org/dia/organizationsORG/NILC/signUp.jsp?key=2115.
The NILC states that in the past ICHIA has been supported by the
National Governors Association and the National Conference of State
Legislators.
New York Times
Article Describes Impact of Citizenship Documentation Requirements
On March 12, a New York Times article written by Robert Pear
stated that the citizenship documentation requirement implemented
July 1, 2006 and designed to keep illegal immigrants off Medicaid
has instead prevented eligibility for thousands of United States
citizens.
The article demonstrates that seven states, including Florida, Iowa,
Kansas, Louisiana, New Mexico, Ohio and Virginia, have been able to
attribute unprecedented declines in enrollment to the rule, which
requires applicants claiming to be U.S. citizens to show birth
certificates and other documents proving their citizenship. Many
applicants have difficulty locating the appropriate documentation,
which delays or prevents their enrollment in Medicaid. Applicants
must submit original documents or copies certified by the issuing
agency.
In Virginia, home to ACAP member Virginia Premier, the article
reports that because health insurance for children has been
prioritized over the past several years by State officials, the
State has witnessed an increase in Medicaid-enrolled children during
this time. However, since implementation of the new rule, the number
of children on Medicaid in Virginia has declined by 13,300.
NACHC Asks for Support
for Community Health Center Funding
The National Association for Community Health Centers (NACHC) has
asked its members and friends to urge elected officials from all
states to sign on to two Congressional letters, one circulating in
the House of Representatives, written by Frank Pallone (D – New
Jersey) and Nathan Deal (R – Georgia), and one in the Senate,
sponsored by Debbie Stabenow (D – Michigan) and Kit Bond (R –
Missouri). The letters, available at
http://www.nachc.com/advocacy/letter08.asp, represent the first
step in the "ACCESS Across America" growth plan to reach 30 million
community health center patients by 2015, and ask for support for a
$200 million funding increase for Health Centers in both Houses of
Congress.
A
list of members of Congress and Senators that have already signed
the letters can also be seen at the website printed above. The
deadline for signatures in the House will be March 30 and in the
Senate April 15.

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