Thursday, October 8, 2009

Weekly Health Care Reform Update at the Federal and State Level


Week of  October 5, 2009

The Senate Finance Committee essentially wrapped up its work on a health care reform bill last week, though additional changes are still possible as the bill is put to a vote of the full Committee later this week. A number of changes made to the bill at the 11th hour last week already are generating concerns about the direction of the legislation.

For example, one amendment approved by the Committee would result in a significant weakening of the individual coverage requirement (see below). This requirement is the cornerstone on which a host of insurance market reforms are supported.

The bill also would levy significant new fees and taxes on different sectors of the health care system, such as health insurance, without adequately tackling the true drivers of health care costs.




As health care reform moves toward floor debate in the House and Senate, the industry will monitor events closely and weigh in on issues of substance. While this summer's town hall meetings were an important part of the process, there will be no more important time for all Americans to stay informed and be involved than in the weeks ahead. 

Federal 


The Senate Finance Committee last week finished moving through dozens of amendments, paving the way for a vote on the finished bill sometime this week after the Congressional Budget Office provides a cost estimate. While many amendments were rejected, the panel did approve at the last minute some significant changes to the bill introduced by Chairman Max Baucus (D-MT) in mid-September. 



One amendment adopted would weaken the individual coverage requirement by delaying and reducing penalties attached to the requirement. The maximum penalty for a family of four would start at $200 in 2014 and rise to $750 in 2017.
Significantly, an estimated 2 million people who would face financial difficulties would be exempt from buying even the cheapest insurance available -- those who would have to pay more than 8 percent (a change from 10 percent) of their adjusted gross income for the cheapest plan would be exempt.

The Committee rejected amendments for a public plan option, but it did include a mini-public plan option for those under 200 percent of the federal poverty level. To help pay for the legislation, new fees and taxes would be levied on insurance companies, drug makers, medical device manufacturers, and some families. Senate leaders already have begun looking at ways to blend together the Senate Finance Committee bill and a competing Senate HELP Committee bill so that floor debate can begin later in October. 


States 

INDIANA:  Hearings resumed last week on the Health Provider Patient Limit Study supported by the Indiana Medical Association. The Health Finance Commission is required to study:


1.    health plan provider contract provisions that would require a contracted provider to mandatorily accept more than a certain number of patients (open access clause); and
2.    whether an insurer should be required to directly reimburse an out-of- network health care provider (assignment of benefits). 

Arguments were presented on both sides of these issues.  In addition, HEA 1300 requires the Indiana Department of Insurance (DOI) to collect information regarding the costs of initiation and operation for recognizing assignment of benefits and report to the Health Finance Commission on its actuarial findings. 

The data has been collected by DOI, which will present its final findings on assignment at the October 19 Health Finance Commission meeting.  A final report from the Health Finance Commission is due to the Legislative Council by November 1. 

TEXAS: The Department of Insurance has prepared a working draft of rules concerning physician ranking requirements and notice requirements that would limit health plans' ability to publish physician rankings. These draft rules would implement the provisions of legislation recently passed establishing standards for the use of physician ranking systems by health plans. The legislation outlines a process to be used by the TDI in determining nationally accepted standards for provider rankings.

The standards used must be disclosed to each affected provider, as well as the details of a process that may be used to dispute the rankings. The measure also prohibits physicians from taking action that would prevent a patient from participating in an evaluation of the physician’s performance. Insurers / payors worked throughout the session with the bill’s authors to ensure that the final version tracked the patient charter and national best practices. Insurers / payors will continue to work with TDI in the crafting of its final rules.

WASHINGTON: Insurers / payors are working with the state and other industry stakeholders to determine the feasibility of maintaining the state's Universal Vaccine Program for children. Due to budget cuts, the state is scaling back the vaccine program next spring to cover only low-income children.  



Currently, the program is available for all vaccinations for any child residing in the state, even those with private insurance. Due to the state's purchasing power and its ability to distribute vaccine effectively, there are multiple benefits to the state continuing the program.

No World Borders provides services to health care payors / insurers and providers as well as in other industries.


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Weekly Health Care Reform Update at the Federal and State Level

Week of September 28, 2009

The Senate Finance Committee wasted no time last week in wading through a seemingly endless number of amendments to its proposed health care reform legislation (see below). The committee turned aside a number of amendments, including attempts to avert cuts to the Medicare Advantage program to help pay for expanded coverage for the uninsured. But the sparring that occurred over the issue is a good indication that emotions are running high, and the dispute is bound to reappear when the bill makes it to the Senate floor. Democrats and the Obama administration last week sought to reassure seniors that health care reform would not cost them their current levels of Medicare benefits, but the head of the Congressional Budget Office, Douglas Elmendorf, recently told Senators that seniors in Medicare Advantage could very well see reduced benefits. The bill's momentum continues, but some Democrats are now struggling to figure out how to vigorously support health care reform without alienating many elderly voters.

Federal

The Senate Finance Committee began its long-awaited mark-up of a health care reform bill and by the end of last week had slogged its way through about two dozen amendments, both in open session and as part of after-hours talks dealing with Medicare, taxes, insurance and delivery items.

1. Of note are the proposed increase in the insurer tax and the defeat of several Republican amendments to soften the burden on seniors in Medicare Advantage. The individual coverage requirement is still intact, but the dollar penalty for noncompliance has been lowered. And the age rating limit of 5:1 has been reduced to 4:1, which would increase the eventual rate shock for younger insureds.

2. Additionally, the Committee approved an amendment to dramatically increase transparency by forcing PBMs, (aka Pharmacy Benefit Managers - The PBM market is dominated by 3 large players – Medco, Caremark, and Express Scripts) to disclose certain pricing information to government and plan sponsors. It seems likely that some member will offer an amendment to add an employer mandate to the bill as well as an amendment to replace the current co-op provision with a full-fledged government plan. This mark-up process is expected to continue through this week. It is likely that the Committee will finish by the end of the week but probably not in time to meld its product with the HELP Committee bill before the Columbus Day break.
The House Energy & Commerce Committee held a mark-up last week to take up a handful of amendments left over from its mark-up of reform legislation in July.

Two major items include:

  1. Passage of a provision to provide grants to large employers (not covered in the original bill) for establishing wellness programs; and
  2. The defeat of a provision that would have prohibited Insurers / payors from recovering insurance payments through subrogation.
Insurers / payors and employers worked together to help defeat this latter item. On a related House matter, it is becoming increasingly clear that the compromise between the House leadership and the Blue Dogs seems to be more tenuous than ever, which may well give the Speaker the political "room" to beef up the existing public plan provision in the House bill by adding back the government rate-setting provision she favors.
States

CALIFORNIA: Governor Arnold Schwarzenegger signed legislation that subjects Medicaid (Medi-Cal) managed care plans to a tax to fund Medi-Cal and the state's Children's Health Insurance Program (Healthy Families). The tax, which is assessed on the plan's total operating revenue, is effective for Medi-Cal managed care plans through January 1, 2011.

Approval of the measure will prevent more than 600,000 children from losing access to Healthy Families coverage. In addition, this bill has allowed the state to reopen Healthy Families enrollment and begin processing the more than 80,000 applications that were placed on a wait list.

In other news, the California Privacy and Security Advisory Board (CalPSAB) approved a "hybrid approach" to patient consent guidelines for participation in a health insurance exchange. The approach, outlined by CalPSAB, appears to be inconsistent with federal privacy and security standards. CalPSAB is developing new privacy and security standards to enable the adoption and application of health information exchange in California.

CONNECTICUT: Gov. M. Jodi Rell is threatening to veto a bill being debated during a special legislative budget session because it represents a back-door maneuver around her veto of a controversial health care pooling bill. In a detailed letter to top legislators, Rell said flatly that she would veto the bill because it did not meet certain requirements.
One of the troubling provisions, Rell said, is that Section 15 of the general government bill would allow the state comptroller, Democrat Nancy Wyman, to merge various insurance plans into the state's self-insured plan. Rell stated that this effectively would allow the comptroller to implement the pooling concept that she previously vetoed, which would likely result in a significant cost increase to the state at a time when the state is making cuts to virtually every program.

IOWA: The Iowa Health Care Coverage Commission has begun meeting to develop a plan to ensure that all Iowans have access to health care coverage that meets minimum standards of quality and affordability. The Commission, which has representation from a wide spectrum of stakeholders including the health insurance industry, has broken into three work groups addressing (1) coverage of uninsured and underinsured adults; (2) the use and creation of a group insurance plan to provide coverage to non-state public employees, employees of not-for-profit groups, and small employers; and (3) administration of health care reform. The Commission is required to issue its first quarterly progress report to the Iowa Legislative Council by January 1, 2010.

NEW YORK: The State Insurance Department (DOI) is conducting public hearings in Rochester, Newburgh and New York City to gather information about limited benefits health insurance plans. The goal is to ascertain how these policies are marketed by Insurers / payors and producers, assess what disclosures are made regarding the services they cover, evaluate what advantages these policies provide, and determine whether additional oversight and regulation are needed. The DOI investigations have revealed that some policies are sold through telemarketing firms using unlicensed agents, which runs afoul of the New York Insurance Law and that some Insurers / payors issue limited benefits health plan policies as group coverage through invalid associations. Consumers must join the association for an additional fee in order to be eligible to purchase the coverage. The NYS Health Plan Association will be submitting written testimony on behalf of its members who offer limited benefits plans, to distinguish these legitimate products from the fraudulent types of associations being investigated by the DOI.

OKLAHOMA: Senate President Pro Tem Republican Glenn Coffee recently announced the approval of 34 interim studies and the committees that will conduct them. With nearly one-third of the studies having implications for health insurance, the list yields insights into a number of issues, especially autism, that could be the subjects of key legislation in 2010. The following studies are the most relevant to the health insurance industry, and Insurers / payors will be watching them closely: Review of health insurance mandates; health insurance policy rescissions; high-risk pool coverage of autism spectrum disorder diagnosis and treatment; autism insurance mandates and the state’s economy; issues relating to interstate purchasing of health insurance policies; and possible funding for PPO coverage of persons in rural Oklahoma.

TENNESSEE: Preliminary meetings are being scheduled to discuss Silent PPO legislation related to workers' compensation, which was defeated earlier this year. This is expected to be a significant issue for the 2010 legislative session. In addition, Insurers / payors are is participating in a workgroup at the Tennessee Department of Commerce and Insurance regarding implementation of claims data legislation passed earlier this year.

WISCONSIN: The Office of the Commissioner of Insurance (OCI) intends to publish emergency rules to comply with the federal American Recovery and Reinvestment Act (ARRA) and provisions related to continuation of employer-discounted group coverage. The draft rules contain a new COBRA eligibility category for group coverage discontinuation retroactive to May 2009. In addition, the Autism Workgroup, created under the auspices of the OCI, has developed an administrative rule to implement recently enacted legislation requiring health insurance coverage for autism spectrum disorders. The rule will be promulgated on an emergency basis and takes effect for insurance products that are issued or renewed on or after November 1, 2009.

No World Borders provides services to health care payors / insurers and providers as well as in other industries.

Click Here to Schedule a Discussion with One of Our Industry Experts
Click Here to view our cross-industry skills in process improvement
Click here to view our capabilities in HIPAA x12 5010 and ICD-10