Legislative Update
With the House still in recess and the Senate back in session,
Washington is gearing up for the beginning of a long legislative
push up to the July 4th recess. Among the items on the agenda – the
FY08 budget resolution, the FY08 appropriations bills, Senate
consideration of stem cell research and Medicare prescription drug
price negotiations, and SCHIP reauthorization.
ACAP’s top legislative priority, extending the Medicaid drug rebate
to Medicaid health plans, is ready to go “prime time” as the
legislative language is being finalized and vetted among ACAP
members and ACAP staff have been meeting with Hill staff to
reintroduce the bill in the Senate and seek a lead sponsor in the
House of Representatives. Now that the legislative language has
been changed to address concerns from last year (i.e., protecting
health plans’ pharmaceutical utilization management mechanisms,
preserving the prohibition against double dipping in the 340b
discount drug pricing program, and allowing positive formularies),
ACAP is going to talk with Senator Bingaman, last year’s Senate
sponsor, and have targeted several Representatives as potential
sponsors in the House. ACAP plans should be prepared to activate
themselves within the next few weeks to get cosponsors for this
legislation – particularly ACAP plans from states that are
contemplating carving RX out of the plans' payments to get access to
the drug rebate. Check your email over the next few weeks for an
Action Alert about getting cosponsors for the drug rebate bill.
ACAP is also turning its sights on ensuring that safety net health
plans (SNHPs) are a part of Congressional efforts to improve
America’s health information technology infrastructure. Chris
Koppen, ACAP’s Washington Representative, continues to meet with
Committee staff to ensure that SNHPs are part of the reintroduced
Health IT legislation this year. However, in a recent discussion
with Committee staff, Chris became concerned that SNHPs could again
be left behind (more due to the larger scope of issues than a lack
of support for their inclusion) when the bill is reintroduced this
year. Therefore, ACAP has activated its members in HELP Committee
member states to contact their Senators and ask them to communicate
with Chairman Kennedy to include safety net health plans in his
Health IT legislation. ACAP will continue to monitor progress on
this issue, but asks all health plans to ensure that their Senators
and Representatives are familiar with your plans and the good work
you do – this will help to ensure that they are ready to take up our
causes when the time comes!
In addition to the drug rebate and Health IT, ACAP is also working
to convince the Chairman of the Senate Health Education Labor and
Pensions Committee, Senator Ted Kennedy, that he should include
safety net health plans in legislation he is working on to address
racial and ethnic health disparities. Last years legislation gave
“health plans” an opportunity to participate in some of the research
and grant opportunities under the bill, but did not provide special
consideration for safety net health plans. To address this, ACAP
has been working with Senator Kennedy’s staff to include the
definition of safety net health plans in the bill and to provide
priority funding for SNHPs along with other safety net providers
like public hospitals and community health centers. In addition to
the efforts of ACAP’s Washington Representative, ACAP also enlisted
the help of ACAP-member Network Health’s Chief Medical Officer Dr.
Pano Yeracaris to participate in a conference call with Senator
Kennedy’s staff to explain Network Health’s efforts to address
health disparities among its members. In addition, Dr. Yeracaris
explained the unique role that a health plan can have in addressing
health disparities from a more global perspective, rather than
simply an individual provider perspective. Kennedy’s staff is
vetting the revised version of the bill with other Senate staff and
says that they will be introducing the legislation “soon.” Any
health plans that have been working to address health disparities
among their membership should begin preparing to communicate with
their Senators about your efforts – laying the groundwork for future
work on this issue.
The Senate Finance Committee held a hearing on Wednesday to examine
payments to health plans under the Medicare Advantage program.
Witnesses included representatives from MedPAC, the Congressional
Budget Office, Independence Blue Cross/Blue Shield, and the Center
for Studying Health System Change. In particular, the committee
members were rejecting wholesale cuts in payments to health plans
but expressed concerns that the higher payments to health plans over
traditional Medicare payments were not being accompanied by any way
of measuring whether any additional value is being provided for
those higher payments. Members were concerned that cuts in payments
would reduce access to MA plans in many parts of the country,
particularly rural areas and urban areas with relatively low health
care costs. In addition, the sole plan representative on the panel
argued that the care coordination given by HMOs and PPOs are not
available in either the traditional Medicare program or the MA
Private Fee for Service Program. The witnesses also doubted that
care coordination could be replicated in the traditional Medicare
program through the expansion of electronic health records or the
creation of a FFS care coordination benefit. This hearing likely
predates an effort to cut payments to health plans through the
Congressional budget process.
Dingell Introduces Bill
to Require Dental Coverage in SCHIP, Raise Dental Payments
John Dingell (D-MI) introduced a bill (HR 1781) to help improve the
delivery of dental services to low-income children enrolled in
Medicaid and SCHIP, CQ HealthBeat reports. As reported in the news,
the legislation would require dental coverage under SCHIP, expand
dental coverage to additional children, provide access to qualified
dentists, and improve efforts to track dental health among children.
The bill would also authorize $50 million in fiscal year 2008 and
each subsequent year for grants to states to improve the delivery of
dental services in Medicaid and SCHIP, authorize $40 million
annually from FY 2008 through FY 2012 for grants to help underserved
areas recruit and retain dental providers, require HHS to develop a
dental health program to increase awareness and prevention, and
allow states to use SCHIP to supplement dental coverage for children
with private health insurance.
The bill language currently does not appear to allow Medicaid MCOs
or safety net health plans to participate in grant programs, but
ACAP staff is prepared to lobby for inclusion. A companion bill was
introduced in the Senate by Senator Bingaman (D-NM).
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.
Senate War Supplement
Bill Halts CMS GME Rule
A
provision in the Senate version of the war supplement bill would bar
CMS from promulgating regulations to prevent federal Medicaid funds
from being used for indirect medical education (IME) or graduate
medical education (GME). The President’s 2008 Budget included a
proposal to discontinue IME and GME payments by administrative rule,
without the benefit of Congressional action. If signed by the
President, this provision will prevent CMS from halting GME funding.
Some states make GME payments directly to providers, while others do
not, thereby including the GME payment in MCO capitation rates.
CBPP Includes ACAP’s
Drug Rebate in List of Legislative “Savers” to Fund SCHIP
The Center on Budget and Policy Priorities (CBPP) last month
published a report and accompanying fact sheet highlighting numerous
proposals that would produce spending offsets that, together or
individually, would be sufficient to pay for SCHIP for the next five
years. The 110th Congress has instituted Pay-As-You-Go (or PAYGO)
rules, requiring that all legislative spending proposals be
accompanied by offsetting proposals that produce at least as much in
savings. As reported in a previous ACAP newsletter, the Senate
agreed that $50 billion would be reserved for SCHIP reauthorization
at the end of March; the following week the House of Representatives
also included $50 billion for SCHIP in its budget. Funding in this
amount would allow for continued coverage of all currently-enrolled
individuals in the program, as well as expansions to all eligible
children who are not currently covered.
CBPP included in its list of possible revenue sources the ACAP
Proposal to extend the federal drug rebate to Medicaid Managed Care
plans. CBPP wrote that Medicaid MCOs are exempted from
manufacturers’ rebates on drugs because “when the rebate law was
enacted in 1990, it was assumed that managed care plans could
negotiate discounted drug prices as favorable as those available
under the rebate system.” Now, however, it has been demonstrated
that MCOs do not receive discounts equal to those provided under the
fee-for-service rebate system. Expanding the drug rebate program to
Medicaid managed care plans would ensure that Medicaid actually gets
the lowest drug prices available and would lower state managed care
reimbursement rates. CBPP included that the CBO score estimates
savings at approximately $1.8 billion over five years.
Other offsetting proposals included in the paper are:
- reducing “overpayments” to Medicare Advantage plans;
- allowing the Food and Drug Administration to approve generic
versions of biological drugs;
- canceling the parts of two tax cuts enacted in 2001 that
exclusively benefit high-income Americans and have not yet taken
effect;
- closing a modest part of the capital gains “tax gap”, as
proposed by the Administration and some members of Congress, by
requiring financial institutions to report the price for which
assets are purchased, so that capital gains taxes can be
computed more accurately; and
- raising federal tobacco and/or alcohol taxes.
The full report is available on CBPP’s website at
http://www.cbpp.org/3-8-07health.htm. The fact sheet can be
accessed at
http://www.cbpp.org/3-14-07health-fact.pdf.
Health Affairs
Article by Fairbrother Illuminates Churning Problem
A
new article in Health Affairs by Gerry Fairbrother of the
Cincinnati Children's Hospital Medical Center and coauthors
appearing in the March/April Health Affairs illustrates that
a “sizable” number of children – between 43 percent (in Oregon) and
66 percent (in Pennsylvania) – received continuous coverage for at
least two years from Medicaid. However, the report also explains
that between 16 percent (in Pennsylvania) and 41 percent (in Oregon)
of children had at least one gap in coverage during the three year
period preceding the survey. Gaps tended to be short-term and are
likely to have resulted from paperwork delays.
Longer term coverage of children supports strategies such as disease
management for chronic conditions and increased immunization that
can improve health outcomes.
The paper is based on a survey of children covered by Medicaid as of
December 2003 in California, Michigan, Ohio, Oregon, and
Pennsylvania. The article is available online at
www.healthaffairs.org/1330_issue.php.

|
New York Legislature
Freezes Medicaid MCO Premiums, Approves SCHIP Expansion to 400
Percent of FPL
Earlier this month the New York Legislature approved Gov. Eliot
Spitzer's 2008 state budget proposal to raise the eligibility level
for New York’s SCHIP program – called Child Health Plus – to 400
percent of the federal poverty level (FPL). In addition, the budget
includes several spending cuts, such as freezes in premiums paid to
Medicaid health plans.
Child Health Plus currently covers children to 250 percent of the
FPL. If the eligibility expansion is implemented, New York will have
the highest eligibility level in the nation, allowing children in a
family of four with an income of $82,000 to enroll, for example.
Kaiser reports that the income eligibility increase would make most
of New York's 400,000 uninsured children eligible for the program.
The New Jersey SCHIP program currently covers children to 350
percent of the FPL.
In addition to the SCHIP eligibility increase, the Legislature’s
budget also proposes to simplify the Medicaid enrollment process,
and proposes more than $900 million of the $1.3 billion in health
care spending cuts requested by Spitzer, including the MCO premium
freeze and cuts to nursing homes and hospitals.
This story is available at
http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=44029.
Medicaid Developments
in Virginia
“Virginia is considering lowering payments to Medicaid HMOs,”
Patrick Finnerty, director of the state Department of Medical
Assistance Services recently conveyed to the Richmond Times.
“HMOs' profits from Medicaid have been increasing, and payments
should reflect HMOs' success at cutting costs. Payments might be
reduced or modestly increased this year, compared with the 4% to 7%
annual increases in the past,” Finnerty stated. The Richmond Times
further reported that “an independent consultant is calculating
payment rates that will take effect in July. In 2006, the department
decided to cap HMO earnings on Medicaid business at 8% -- any
earnings above that rate must be returned to the state. The move was
intended to ensure that HMOs do not overcharge for their services.
HMOs made a combined profit of more than $98 million in 2006, or
about 8% of revenue. Two HMOs, Amerigroup and CareNet, last year
reported earnings of 16.9% and 12.2%, respectively.
Patricia Tanquary Named
New Chief of Contra Costa Health Plan
Patricia Tanquary, a veteran health plan administrator, has been
named the new Executive Director of the Contra Costa Health Plan (CCHP).
Ms. Tanquary has been Deputy Executive Director of CCHP the past two
years. Prior to being recruited to Contra Costa, she spent 18 years
with Kaiser Permanente in a variety of capacities. She replaces Rich
Harrison, who retired this month.
"We are happy to have such an experienced and well-qualified person
on staff to succeed Rich Harrison," said Dr. William Walker,
Director of Contra Costa Health Services. "The 65,000 people served
by the Health Plan will continue to receive excellent service under
Patricia’s leadership."
Ms. Tanquary has a Masters in Social Work from San Diego State
University and both a Masters in Public Health Administration and a
Doctorate in Social Welfare from U.C. Berkeley. She spent four years
teaching social work and health courses and managed the
undergraduate social work internship program at San Diego State.
She was Associate Administrator for French Hospital and Health Plan
in San Francisco for five years, assisting them in implementing one
of the four first Medicare Risk Demonstration Projects by Centers
for Medicare and Medicaid Services (CMS).
With Kaiser, she served as Director of Member Services for Northern
California and then as Hospital and Health Plan Administrator for
Kaiser Hospital at San Rafael. She then became the Continuing Care
Leader for Kaiser at three Kaiser hospitals: Redwood City, Santa
Clara and San Jose. There, she initiated a case management program
for high-risk populations.
She was subsequently promoted to Director of National Provider
Contracting for all Kaiser Regions. Her team provided and managed
national contracts that accounted for regional size and model
variations throughout Kaiser. "I feel like my entire career has been
preparing me for this challenge," Ms. Tanquary said of her new
position. "I am lucky to have worked with such talented staff the
past two years and will do my best to equal their great work."
Hudson Health Plan CEO
Georganne Chapin Writes Perspective Article for Journal News: Health
Care, Not 'Insurance,' for Everybody
The text of Ms. Chapin's Article appears below.
The way to fix our health-care system is to stop trying to make
insurance the solution, and focus instead on getting people the
health care they need.
The number of people in the United States who have no way to pay for
health care continues to grow, even as costs continue to rise.
Absent a national approach, states have begun experimenting with
initiatives that encourage more employer coverage, require
individuals to purchase private policies, and expand public
programs. These initiatives cannot succeed because they are based on
a failed model: the same insurance system that got us into trouble
in the first place.
What's wrong with insurance? Let me answer that.
First, insurance is temporary. Whether for a home, a car, fine art,
or "health," insurance contracts are written for a brief, defined
period - a year or less. If you have a private policy, and you cost
your company too much or otherwise look undesirable at the end of
that period, you'll either pay a lot more or you'll lose coverage
altogether. Government insurance for the poor is also temporary. If
at the end of your approved period your income has risen only a few
dollars, or if you moved and didn't receive your renewal papers,
you'll find yourself with no coverage. Finally, if you're one of the
shrinking number of Americans lucky enough to be offered insurance
through work (and you can afford to pay the co-premiums), you know
that your benefits and even the doctors you can use might change
from every year. Oh, and don't quit your job, or move out of state,
because then you may never get coverage.
Second, insurance is based on minimizing risk and maximizing profit
- concepts incompatible with protecting the health of individuals
and the public at large. The insurance business depends on building
reserves, limiting services, minimizing pay-outs, and refusing to
cover people or situations that threaten to cost too much. This
model doesn't work for live human beings, who need preventive care,
who have babies, who change jobs and move from place to place, who
get sick, who age.
This is why the plans under way in Massachusetts, California, and
(it appears) soon New York, will not work: they propose to include
ever more people in a system that provides temporary coverage, is
bureaucratically unwieldy, and does nothing to control costs. Each
member of a family could end up with a separate policy - with its
own distinct benefits and expiration date. Doctors and hospitals
will be even more confused than they are today, trying to figure out
how and whom to bill, which services are covered and - worst of all
- whether the patient's policy will be in effect long enough to
complete her chemotherapy for cancer.
I
recently met a Canadian fellow in his forties who told me about his
work, caring for an older man disabled from a neurological disease.
"Dave" said that he was employed by the government - that the job
didn't pay much but he enjoyed the work, and it gave him time to
read, do other volunteer work, and tend a garden. I chimed in, "Yes,
and you don't have to worry about your insurance." Dave gave me a
bewildered look. "Medical insurance," I clarified. He still looked
confused. "Your health insurance," I said. "Because Canada has
universal coverage." "Oh!" he exclaimed, finally understanding my
point. "Yes, we all get health care."
Health care, not "insurance." Health care, not "coverage."
We have a model for this in the United States, and though it might
be imperfect, it's a great start. It's called Medicare. Medicare is
permanent (once you qualify, you can't lose it). It's universal
(everybody over 65 can get it). And it's portable, uniform and
consistent (you can move anywhere in the country, doctors and
hospitals know what it covers, and they know how and whom to bill).
Using Medicare as a model, we can put everybody into one big pool.
We can use insurance companies for their networks, their
claims-payment systems, and (in some cases) their expertise in
disease management. We can cut out the profiteering on people's
bodies and lives. And we can start talking about which health-care
services are basic and necessary for all people, and set about
making sure that everybody can get them.
Texas Settlement May
Increase Medicaid Reimbursements for Physicians and Dentists Who
Treat Children, May Require Corrective Action from Managed Care
Organizations
Kaiser Daily Reports on April 11 cited an Austin American-Statesman
article reporting that under a lawsuit settlement presented to U.S.
District Court Judge William Wayne Justice the preceding Monday,
Texas would be required to increase Medicaid reimbursements by 25
percent for physicians and 50 percent for dentists who treat
children. In addition, the settlement, if approved, would require
Texas to investigate whether children are receiving incomplete
checkups and, if not, to determine whether corrective action should
be taken when MCOs do not provide complete checkups.
According to Kaiser, the settlement is in relation to a class-action
lawsuit filed in 1993 on behalf of Texas families who alleged that
the State had violated Medicaid rules. The lawsuit is intended to
encourage more providers to accept new Medicaid beneficiaries by
providing higher payments, and is an effort to ensure children are
receiving regular medical and dental checkups. If approved, the
settlement will affect 1.8 million children covered by Texas
Medicaid and may cost the State $700 million over two years.
The settlement would also require the State to hire more providers
in underserved areas and improve a toll-free hot line that answers
parents' questions about obtaining coverage for their children, and
make the State hire new case workers to help parents navigate the
State health care system.
CMS Initiates DOQ-IT
University to Help Providers Access HIT
Last week CMS introduced the new Doctor’s Office Quality Information
Technology University, or DOQ-IT U, developed to support the use of
health information technology (HIT) in doctors’ offices. According
to CMS’ press release, “DOQ-IT U is an interactive, Web-based tool
designed to provide solo and small-to-medium sized physician
practices with the education for successful HIT adoption, including
lessons on culture change, vendor selection and operational
redesign, along with clinical processes.” This service is available
at no charge.
The website will provide learning modules in various areas,
including assessment, planning and implementation methodologies that
are disease and population specific, incorporation of clinical
decision support, and evidence-based medicine guidelines. Surveys,
utilization tracking, and Continuing Medical Education/Continuing
Education Unit (CME/CEU) offering/issuing capabilities will also
eventually be included.
Several lessons are available now and focus on physician office
workflow redesign, culture change, and communication necessary for
successful EHR adoption, implementation of care management, and the
incorporation of a strong patient self-management component to
clinical care. Disease-specific modules, starting with diabetes,
will include a patient self-management component.
DOQ-IT U is being developed and managed by the Quality Improvement
Organization (QIO) program, under contract to CMS. A QIO is present
in each U.S. state, territory, and the District of Columbia. More
information is available on CMS’ DOQ-IT U website at
http://elearning.qualitynet.org.

|