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Florida asks for more time on potential Medicaid boost

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Florida is interested in the extra HCBS money, but needs more time to consider the implications.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

TALLAHASSEE, Fla. – Gov. Ron DeSantis’ administration is asking the federal government for additional time “to consider the potential impacts” of drawing down hundreds of millions of dollars in additional federal Medicaid money for home- and community-based services.

In an email to the federal Centers for Medicare & Medicaid Services, Karen Williams of the state Medicaid office said Florida wants a 30-day extension, which would give the state until July 12 to submit a plan to the federal government.

“Please consider this email as the state of Florida’s formal request for the 30-day extension. This additional time will allow the state of Florida to continue coordinating with all impacted stakeholders to consider the potential impacts of this increase,” Williams wrote in the email late Friday afternoon.

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The American Rescue Plan Act, a stimulus package signed in March by President Joe Biden, included provisions that allow states to tap into additional federal Medicaid funding for a number of different groups and services, some of which Florida has taken advantage of, and others not.

For instance, the federal law provided incentives for 12 states, including Florida, to expand Medicaid to low-income childless adults. The law, at least in part, offers states a 5 percentage- point increase in their regular federal Medicaid matching rates for two years after expansion would take effect. But as they have done for years, Florida Republican leaders shunned the idea of expanding Medicaid during this spring’s legislative session.

The American Rescue Plan Act also allows states to tap into additional funds to extend by 10 months the length of time that postpartum women can qualify for Medicaid. Florida is taking advantage of that provision, with House Speaker Rep. Chris Sprowls, R-Palm Harbor, leading the charge.

The federal law also provided states with an opportunity to draw down a 10 percentage-point increase in federal Medicaid funds for home- and community-based services, such as services provided in Florida’s “iBudget” program for people with developmental and intellectual disabilities.

Tom Rice, a program manager with the state Agency for Persons with Disabilities, told members of the Florida Developmental Disabilities Council last month that the state was putting together plans to access the enhanced Medicaid funding. But advocates for people with disabilities grew worried that the state wouldn’t submit a plan to the federal government — or request an extension — by a Sunday deadline.

With the request for an extension filed Friday, Jim DeBeaugrine, a lobbyist and former director of the Agency for Persons with Disabilities, said he remains hopeful that Florida can tap into the additional federal money.

DeBeaugrine, also a former staff member of the House Appropriations Committee, estimated that Florida could tap into an additional $450 million in Medicaid funds for services provided through the iBudget program.

“I am cautiously optimistic that we can work with AHCA (the state Agency for Health Care Administration) and APD and hopefully come up with a good plan to use the dollars, at least associated with our population,” DeBeaugrine said.

While the 10 percentage-point increase has been a focus of providers that care for people with developmental and intellectual disabilities, the increased funding would be available for all home- and community-based services.

According to guidance issued by the Centers for Medicare & Medicaid Services, states could use the increased funds for a number of other services such as medical or remedial services recommended by physicians, including mental health and substance-use disorder services; private duty nursing services; and programs for all-inclusive care for the elderly, what is known as PACE.

“This is potentially a lot bigger than the population I am concerned with,” said DeBeaugrine, referring to people with disabilities.

Clipped from: https://www.clickorlando.com/news/2021/06/15/florida-asks-for-more-time-on-potential-medicaid-boost/

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VA- McAuliffe emphasizes health care with pitch for Medicaid buy-in plan

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A candidate for Governor in VA is using a Medicaid Public Option as part of his election campaign.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

RICHMOND — Former Gov. Terry McAuliffe wants to offer another health insurance option to Virginians who earn too much to qualify for Medicaid but can’t afford the out-of-pocket costs of coverage they can buy now in the marketplace.

McAuliffe pitched his Medicaid “buy-in” plan at appearances in Charlottesville and Harrisonburg on Tuesday as part of an opening policy salvo in his race for another term as Virginia governor against Republican nominee Glenn Youngkin, who has criticized the state’s decision to expand Medicaid under the Affordable Care Act.

McAuliffe proposes to offer a Medicaid insurance option for people to buy on the new state marketplace if they earn more than $17,775 a year individually or $30,305 for a family of three so they wouldn’t be eligible for Medicaid. He did not specify how much they could earn and still qualify to purchase the optional plan.

The former governor was unable to overcome Republican opposition to Medicaid expansion during his term, but the General Assembly took the step the year after he left office under a bipartisan deal that took effect Jan. 1, 2019, and now provides health insurance coverage for more than 555,000 Virginians.

“Terry was a brick wall against extreme Republican attacks on health care during his administration, and he will be ready on day one to fight for affordable health care as Virginia’s next governor,” his campaign stated in a news release that played off a vow by former House Speaker Bill Howell to wield his Republican majority in the House as “a firewall” against Medicaid expansion.

 
 

Clipped from: https://dailyprogress.com/news/state-and-regional/govt-and-politics/mcauliffe-emphasizes-health-care-with-pitch-for-medicaid-buy-in-plan/article_58754d62-1ad5-58bb-940c-a215569c9d14.html

 
 

 
 

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Missouri lawmakers expect special session next week to renew important Medicaid tax

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Republicans are fighting to prevent Medicaid paying for abortion drugs via withholding support for continuing a financing scheme that sends more money to large hospitals.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

JEFFERSON CITY, Mo. – Missouri lawmakers could be headed back to the capital city as soon as Monday to renew an important tax that funds the state’s Medicaid program after members could not reach a compromise before they adjourned from the legislature’s regular session.

Governor Mike Parson said he’s still planning to make budget cuts if there’s not a solution by July 1 to pass a new Federal Reimbursement Allowance (FRA) program.

“We’re going to have to move forward because I can’t delay it any longer,” Parson told reporters Tuesday. “July 1 there will be withholds, there is no other option for us.”

The FRA is a tax collected from medical providers like hospitals to support Medicaid. House Budget Committee Chairman Rep. Cody Smith (R-Carthage) said the tax brings in $1.6 billion a year.

“For about every FRA dollar we get, we get about two federal dollars for that and then we take all that money and we put it towards our Medicaid program,” Smith said.

The holdup for the General Assembly is if abortion providers and affiliates and certain contraceptives like Plan B should be covered for women who are already on Medicaid. What’s on the line is billions of dollars for the state’s program.

“The Republican party in the state of Missouri has shown no abandonment for women’s reproductive rights,” Senate Minority Floor Leader John Rizzo (D-Independence) said. “They’re trying to conflate abortion and birth control and the two things are not the same.”

Since lawmakers didn’t get it done before they adjourned, they have to come back for a special session since the FRA expires Sept. 30.

“I’m optimistic that we will be able to come to some compromise on a plan that enables us to go in legislate this fairly quickly and get it to the governor’s desk by the end of the month,” Smith said.

Lawmakers said the problem in finding a compromise is whether or not to allow Medicaid to cover contraceptives. During the last week of session, Sen. Paul Wieland (R-Imperial) attached an amendment to Senate Bill 1 that bans the use of FRA funds for contraceptives and abortions.

“You are literally putting $4 billion dollars in flux that is used to provide healthcare for Missourians over contraception, over birth control,” Rizzo said.

Republican Senators met with Parson Tuesday afternoon to try and find a compromise to renew the FRA. Part of the new language in the drafted legislation says:

Family planning as defined by federal rules and regulations; provided that such family planning services shall not include abortions or any abortifacient drug or device unless such abortions are certified in writing by a physician to the MO HealthNet agency that, in the physician’s professional judgment, the life of the mother would be endangered if the fetus were carried to term.

It goes on to say that an “abortifacient drug or device” include Plan B and intrauterine devices (IUD).

“We have a pro-life super majority on the Republican side and many of our members care about those issues,” Smith said.

Missouri has used the FRA for more than 20 years to fund the state’s Medicaid program. Parson said if it’s not renewed, it will more than a billion-dollar hole in the budget.

“If we can stay in the guidelines, if we can have language in there that doesn’t jeopardize the FRA and doesn’t jeopardize our CMS [Centers for Medicare and Medicaid Services], then we would be willing to take a look at something like that,” Parson said.

Rizzo said he hopes the governor “narrows” the call for the special session so lawmakers can pass a “clean FRA.”

“I think that there is still a lot of fence mending that needs to happen that hasn’t happened yet, I also think that we are adults, and we understand that this is something that could be catastrophe to the state of Missouri if we don’t get it done,” Rizzo said.

He believes lawmakers will be back at the Capitol starting Monday to start working on a plan to renew the FRA. Rizzo said the legislation will start in the Senate and then move over to the House.

Parson’s office has not confirmed when legislators will be back in Jefferson City.

Clipped from: https://fox2now.com/news/missouri/missouri-lawmakers-expect-special-session-next-week-to-renew-important-medicaid-tax/

 
 

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Medicaid Spending on Hemophilia Therapies in US Tripled in 2005-19

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Medicaid Spending on hemophilia drugs is now at $1.7B per year, driven by the use of extended half-life therapies started in 2015.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

 
 

Spending on treatments for hemophilia by Medicaid, a U.S. government health insurance program for select groups, more than tripled from 2005 to 2019, an analysis reported.

Its researchers expect this finding will help state agencies with decisions regarding treatment coverage based on their Medicaid budget, given that the program “provides insurance coverage for approximately half of all US patients with hemophilia,” they wrote.

Results from this analysis were described in the research letter “Trends in the Use of Conventional and New Pharmaceuticals for Hemophilia Treatments Among Medicaid Enrollees, 2005-2020,” published in the journal JAMA Network Open.

Hemophilia is caused by mutations that lead to the lack of functional blood clotting proteins — factor VIII (FVIII) in type A, and factor IX (FIX) in type B. One of its standard treatments is replacement therapy, which involves administering a version of the missing clotting protein to patients. Bypassing agents, which can circumvent the need for clotting factor treatment, are another common therapy.

In recent decades, there have been substantial advances in how hemophilia is treated. Starting in 2014, extended half-life products, which are replacement therapies modified to last longer and so require less frequent dosing, became available. Hemlibra (emicizumab), an antibody-based treatment for hemophilia A, was also approved in 2018.

While these therapies have improved hemophilia care, they come at a high cost. According to the U.S.-based research team that authored this study, hemophilia is now “one of the most expensive medical conditions to manage.”

These researchers performed an analysis of Medicaid spending on hemophilia products in the U.S. from 2005 to 2020. Medicaid provides free or low-cost health coverage to qualifying low-income individuals, families and children, pregnant women, the elderly, and people with certain disabilities.

Findings showed a steady increase in the use of standard half-life replacement therapies prior to 2015. Then, after extended half-life products became available, the use of these standard therapies dropped substantially — by 66% for FVIII and by 57% for FIX. The use of bypassing agents also decreased by 69% from 2017 to 2019.

In 2005, Medicaid spending on hemophilia treatments totaled $521 million. By 2019, spending had more than tripled, to $1.57 billion.

Between these years, spending on FVIII products more than doubled (from $330 million in 2005 to $779 million in 2019), and spending on FIX products more than quadrupled (from $52 million in 2005 to $238 million in 2019).

“The transition of factors VIII and IX from plasma-derived to recombinant pharmaceuticals, the transition from [standard to extended half-life] pharmaceuticals, and the use of bypassing agents and emicizumab have contributed to the transformation of hemophilia from a disease of significant morbidity to a condition that allows affected individuals to lead active lives,” the researchers wrote. “However, these advances have increased costs substantially.”

As of 2019, FVIII products accounted for 50% of all Medicaid spending on hemophilia treatments. FIX products accounted for 15%, bypassing agents for 17%, and Hemlibra for 19% of total spending.

Researchers noted these findings may be useful for states determining their Medicaid budgets. According to the investigators, these findings are particularly relevant since gene therapies for hemophilia are expected to become available in the near future, and state agencies will have to make coverage decisions.

Gene therapies work to deliver a non-mutated version of the defective gene to patients’ cells, thereby restoring the production of the functional clotting factor they are missing.

“These gene therapies, which will cost between $2 to $3 million per patient, have the potential to decrease requirements for factor replacement dramatically,” the researchers wrote.

Clipped from: https://hemophilianewstoday.com/2021/06/16/medicaid-spending-us-hemophilia-treatments-tripled-2005-2019-analysis/

 
 

 
 

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Gov. Abbott Signs Bill Extending Medicaid Coverage For New Texas Mothers

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TX added 6 months of post-birth care for mothers.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

The Texas Legislature passed a bill this session that increases coverage for new mothers on Medicaid from 60 days to six months.

Gov. Greg Abbott signed a bill this week that expands health care for new moms on Medicaid.

Women who’ve just given birth in Texas currently can receive health care services through Medicaid only for up to 60 days after they have the baby. Starting Sept. 1, new mothers will get a full six months of coverage before being removed from the program.

The Maternal Mortality and Morbidity Task Force and Department of State Health Services have been combing through maternal death data for years to come up with solutions on how to reduce deaths in Texas. Several years ago, they recommended Medicaid coverage be extended up to a year after a woman gives birth.

According to their report from July 2016, extending coverage for up to a year would “improve continuity of care, promote safe birth spacing, and reduce maternal morbidity,” which includes near-death experiences or serious health complications that arise during a pregnancy.

Members of the state health agency and task force also told lawmakers it could save the state money.

“Increasing access to care throughout the first postpartum year would improve interconception health while also reducing cost in the Medicaid program by decreasing the rate of unintended pregnancy,” the task force wrote, “and by preventing, detecting and managing chronic conditions and other risk factors, such as obesity, hypertension, smoking, and mental and behavioral health issues, that increase risk for maternal morbidity and mortality and lead to costly adverse pregnancy and birth outcomes including severe maternal morbidity, preterm birth, and low birth weight.”

After years of failed efforts to extend coverage, lawmakers did manage to pass a version of the task force’s recommendation this year. But House Bill 133 falls short of what was advised; instead of one year of postpartum coverage, lawmakers agreed to extend the coverage to only up to six months.

Adriana Kohler, a policy director at Texans Care for Children, said in a statement that HB 133 is a critical bill.

“Six months of health coverage after childbirth is an important step forward to support moms during this critical time for their health and their baby’s development, so we urge state and federal leaders to work together to quickly implement the legislation,” she said after Abbott signed it into law. “We also encourage state leaders to build on this effort and develop a plan to ensure that moms have health coverage before their pregnancy [and] after the six months of postpartum coverage expires.”
 

 
 

Clipped from: https://www.kut.org/health/2021-06-16/gov-abbott-signs-bill-extending-medicaid-coverage-for-new-texas-mothers

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Former Iowa Department of Human Services Director Jerry Foxhoven files wrongful termination lawsuit

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New details in lawsuit reveal that the former Director was trying to blow the whistle on mis-use of federal funds to pay salary for a Governor’s aide.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

He seeks damages for 2019 DHS firing

 
 

 
 

Former DHS director Jerry Foxhoven holds a news conference with Attorney Thomas Duff at Duff Law Firm in West Des Moines on Aug. 1, 2019. (KC McGinnis/Freelance)

DES MOINES — A former state agency director is seeking his day in court, alleging he was wrongly terminated by Gov. Kim Reynolds and her staff in June 2019 for questioning the legality of using federal Medicaid funds in a salary dispute he sought to disclose to the Attorney General’s Office.

Jerry Foxhoven, who served as Reynolds’ director of the Iowa Department of Human Services for two years, has filed a lawsuit in Polk County District Court seeking financial damages for his wrongful discharge in violation of public policy that he claims occurred “because he refused to engage in illegal activity” that amounted to “committing Medicaid fraud and misuse of federal monies.”

The lawsuit filed against Reynolds, her chief of staff Sara Craig Gongol and former legal counsel Sam Langholz contends a dispute arose over the continued DHS funding of a staff position within the governor’s office that Foxhoven felt no longer fit the purpose under which the arrangement was originally made.

Foxhoven said he questioned the legality of the ongoing agreement, and stated he wanted an opinion from the Iowa Attorney General’s Office. Reynolds’ staff requested his resignation before he could ask for that legal advice.

The wrongful termination lawsuit alleges that Reynolds, Gongol and Langholz “terminated Foxhoven in order to prevent him from disclosing information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority.”

According to the suit, Foxhoven was given no reason for his “sudden and immediate termination” other than being told by the administration that “we’re going in a different direction.”

During a news conference days after Foxhoven’s departure, Reynolds told reporters that many factors went into her decision and that she planned to take the department “in a new direction.”

In his legal petition, Foxhoven contends the wrongful termination – which was “willful and wanton” and done in “reckless disregard of his rights” — caused him to suffer and continue suffering substantial loss of earnings and benefits, as well as emotional distress and damage to his reputation. He did not request a specific financial amount but is seeking “exemplary and punitive damages” and other compensation.

In August 2019, Foxhoven filed a complaint against the state with the State Appeal Board seeking $2 million for wrongful dismissal. According to the board, the claim was withdrawn after the six-month tort requirement so no action was taken by the state panel.

 
 

Clipped from: https://www.thegazette.com/state-government/former-iowa-department-of-human-services-director-jerry-foxhoven-files-wrongful-termination-lawsuit/

 
 

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Oregon Health Authority, Medicaid Insurers Haggle Over Vaccination Incentive Money

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Oregon is moving a significant amount of its MCO P4P payments into vaccination measures.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

The Oregon Health Authority is paring down its COVID-19 vaccination proposal that would give the state’s Medicaid insurers incentive money for 2021 based on boosting the vaccination rates of their members.

The reworked proposal, not yet approved, is less ambitious than two earlier drafts by the state, but officials hope it is the final one. Medicaid insurers — known as coordinated care organizations — would have an easier time hitting the goals. However, the reward money at stake in the vaccination incentive would be much less: under $25 million, compared to the nearly $100 million the state initially wanted to offer as vaccination-rate improvement rewards.

The money would go toward the work of vaccinating Oregon’s Medicaid members — 1.3 million people, or about one-quarter of the state’s population. It’s a segment of the population with some of the lowest vaccination rates in the state, and the health authority is prodding insurers, health care providers and others to focus on increasing the rates.

The haggling over the incentive payments reflects the sentiment among many CCOs that getting Medicaid members vaccinated is extremely hard.

For various reasons, from vaccine hesitancy to lack of transportation and lack of computer access to schedule appointments, Medicaid members around the state have been much slower than the population at large to get vaccinated. While the state is closing in on a 70% vaccination rate for adult Oregonians, the vaccination rates for Medicaid members 16 and older in many rural parts of the state languishes at 25% to 30%.

The state’s new proposal would designate slightly less than one-eighth of the annual incentive funding for CCOs for the COVID-19 vaccination metric. To qualify, CCOs would have to achieve either a 70% vaccination rate for their members or hit a CCO-specific target that would be based on progress from the baseline vaccination rate of its members.

The state is watering down the vaccination-driven incentive cash after CCOs complained the state’s initial plan was unrealistic. The state initially proposed that Medicaid insurers must vaccinate at least 80% of their population age 16 and older by Dec. 31 in order to qualify for all the incentive funding. Also, the state initially suggested that nearly $100 million — or nearly half of the annual incentive funding that coordinated care organizations would be slated to receive for 2021 — go for the COVID-19 vaccination metric.

Coordinated care organizations responded that the 80% vaccination rate was unrealistic, especially in rural areas with high vaccine hesitancy. Health care executives also opposed putting such a large share of the incentive funding toward the vaccine metric.

The state awards incentive funding to CCOs each year based on how they perform in designated targets, from diabetes monitoring to behavioral health screenings. In October, CCOs received about $160 million in incentive money for their work to hit targets in 2019.

Sixteen CCOs serve different regions of Oregon. Medicaid insurers pushed for a vaccination metric that would take into account each CCO’s challenges, including its starting point in the push to vaccinate more people.

Preliminary estimates put the total incentive money for 2021 at $200 million. The state’s initial proposal would have put nearly $100 million on the line for the vaccine metric. 

The estimated $200 million incentive money anticipated for 2021 is just a small portion of the roughly $5 billion the insurers will receive for the year. But the incentive money is valued highly by the insurers because it is extra cash that they can scramble for, on top of the standard per-member monthly payment they receive from the state. The insurers typically share the incentive money with health care providers that work to meet the incentives.

Oregon Health Authority officials are close to the finish line with the proposal.

“We do not anticipate seeking further feedback on the measure,” OHA spokesman Jonathan Modie said Monday in an email. “We expect to have the measure finalized at the end of this week after walking through changes with CCOs.”

Third Proposal May Be Final One

The latest proposal is the third draft that the Oregon Health Authority sent to CCOs for input. The authority sent it to CCOs on Friday and officials are “hoping this is the final version,” Modie, the spokesman, said.

Here’s how it would work: 

Due to the urgency of the vaccination work, the COVID-19 vaccination metric is bypassing the authority’s usual process that creates new metrics in the incentive program, which can take a couple of years going through committees. Instead, the authority is setting up the metric administratively and calling it “emergency outcome tracking for CCO panel vaccination” instead of an official CCO metric. 

The money will come from the existing pool of incentive dollars. So, any dollar put toward the vaccine metric is a dollar taken away from the pool that rewards CCOs when they hit other health incentive targets. 

CCOs can qualify for the funding — or a portion of the funding — in several ways. They qualify for 90% of their portion of the vaccine metric dollars if they achieve a 70% vaccination rate of members age 16 and older. 

Alternatively, an insurer can qualify for 90% of their vaccine metric dollars if they make progress in their vaccination rate using a formula set by the state that takes the CCOs April 1 vaccination baseline. To qualify for the 90% funding level, a CCO also would need to reach that vaccination rate among each race and ethnicity group. A race or ethnicity needs to have at least 50 members in order to be a separate group within the metric. 

CCOs can get partial funding if they achieve the overall vaccination goal and have a lesser rate among each race and ethnic group.

To qualify for the remaining 10% of the vaccine metric funding, CCOs will need a vaccination rate of at least 42% among 12-15-year-old children. The vaccine became eligible for this group on May 13. Due to the small number of members in that group, the state does not break out race and ethnicity separately, the proposal says.

Health authority records show the latest proposal dropped the vaccination rate bar even lower than the agency’s second draft of the proposal, which went to CCOs for feedback in late May and early June. 

Specifically, the third proposal made it easier for each CCO to meet targets based on their improvements from the April 1 baseline.

Records show that CCOs pushed back against the tougher standards set out in the second proposal, and asked to qualify for funding for smaller, incremental improvements in vaccination rates.

The vaccination improvement formula set out in the second proposal  “negatively impacts the CCOs that operate in counties that have struggled with vaccination rates thus far,” wrote Sean Jessup, president of Eastern Oregon CCO, in a June 3 email to Oregon Medicaid Director Lori Coyner. “Unfortunately, we do not believe we will be able to even come close to meeting the targets in the revised proposal.”

As an alternative, Jessup suggested that the health authority reward CCOs when they make small, incremental improvements in vaccination rates. 

“These improvements would be a significant success and something we believe may be achievable,” Jessup emailed.

EOCCO has nearly 61,000 members in a vast swath of 12 counties in rural Oregon — the most geographic territory of all the CCOs.

Jessup also candidly assessed Umatilla County’s prospects of boosting its vaccination rate, based on conversations with local health departments. The county has one of the lowest general-population and Medicaid vaccination rates in Oregon. 

“The lowest performing counties, including Umatilla County, believe achieving a 45% vaccination rate for the entire eligible county population 16+ would be an unbelievable achievement,” Jessup wrote. The current vaccination rate for that population in Umatilla is 39%.

Jessup’s suggestion of rewarding small, incremental increases didn’t make it into the state’s third draft proposal. 

Other CCO feedback did, though. 

For example, AllCare Health CCO chief compliance officer Cynthia Ackerman wrote the health authority that its suggested 50% vaccination rate for children 12-15 is “unattainable in our region,” given historically low vaccination rates. The health authority dropped that to 42%. 

AllCare Health CCO has about 54,000 members in Curry, Douglas, Jacson and Josephine counties.

Ackerman also raised concerns about the proposal setting individual targets for race and ethnicity groups with only 30 members or more in a CCO. With that low a figure, the focus would shift to specific individuals, Ackerman wrote, “which could be viewed negatively” in those communities.

The health authority bumped that up to 50 people instead.

However, the second proposal mirrors the final one in significant ways, such as setting a 70% vaccination rate as the overall goal, and putting less money towards the metric. CCO officials unanimously praised the change to put less money towards the vaccination metric.

You can reach Ben Botkin at ben@thelundreport.org or via Twitter @BenBotkin1.

Clipped from: https://www.thelundreport.org/content/oregon-health-authority-medicaid-insurers-haggle-over-vaccination-incentive-money 

 
 

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Congress Weighs a “Fallback” for Medicaid Coverage Gap

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Senators are planning a new way for federal healthcare coverage outside of Medicaid.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

[author: Tyrus Jackson]

One of President Biden’s major health care goals is to close the “Medicaid coverage gap” – which refers to those states that have not expanded Medicaid eligibility under the Affordable Care Act (ACA). Until now, the principle strategy to accomplish this goal was to offer the 12 states that have failed to expand Medicaid a “carrot” to incentivize adoption. For example, the American Rescue Plan offered these states a sweetheart of a deal, offering a five percentage point increase in their regular federal matching rate for two years after expansion, in addition to the 90 percent federal match already authorized by the ACA. This means that if these 12 states expand Medicaid they would have an increase in the share of cost paid for by the federal government, which could lead them to focus their state budgets on other needs. Though this offer is still on the table, there is growing concern that these states will not budge, mostly due to political considerations. For example, Republican-led legislatures in both Texas and Wyoming voted against expansion and Georgia’s governor, Brian Kemp, has offered a limited plan that includes work or activity requirements just to qualify.

To combat this inertia, there are now talks of a federal fallback option. Senators Warnock and Ossoff from Georgia sent a letter to the Senate Majority and Minority Leaders proposing a federal Medicaid look-alike program that would be run through CMS. This proposal would allow the federal government to provide coverage to those in the coverage gap financed through cost savings that would be achieved by letting Medicare negotiate drug prices. Another proposal on the table is to allow people to get fully subsidized coverage through the ACA’s marketplaces. Whichever proposal stands faces an uphill battle, though, as there are a few issues that may arise.

One principal concern is those states that have already expanded Medicaid and are responsible for a percentage of the costs for these newly eligible beneficiaries (currently 10%). Any legislative option that offered full Federal financing for the expansion population could possibly lure more conservative states that have already expanded Medicaid, but are somewhat reluctant adopters. Therefore, the plan has to provide something to discourage states from undoing their Medicaid expansion.

The second battle is a legislative one. With a slim margin in the Senate, one Democratic dissent or a threat of a filibuster could kill all chances of a federal fix to address the coverage gap. Of course there is always a chance that it could be attached to the infrastructure plan or be pushed through budget reconciliation, but we will have to wait and see. We will update you on the blog as a Federal fallback option is further considered by Congress.

Clipped from: https://www.jdsupra.com/legalnews/congress-weighs-a-fallback-for-medicaid-4863319/

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Centene agrees to settle Medicaid claims with Ohio, Mississippi for $143 million

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Centene creates stability for shareholders by rolling out a settlement plan and related damages budget.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

 
 

A pharmacy manager retrieves a medication. (Photo by Joe Raedle/Getty Images)

In what could be a harbinger of more settlements, Medicaid managed-care contractor Centene on Monday settled potential fraud claims by Ohio and Mississippi for $88.3 million and $55 million, respectively.

Ohio is the only state to file suit so far alleging improper double billing through Centene’s pharmacy middlemen. But Mississippi, Kansas, Arkansas, Georgia, Oklahoma and New Mexico are also reported to be considering such litigation. Centene operates in Iowa under the name Iowa Total Care as one of the managed care organizations under the state’s Medicaid program.

In a filing Monday with the U.S. Securities and Exchange Commission, St. Louis-based Centene announced the settlements with Mississippi and Ohio. And it said it had money set aside to settle with other states.

“Additionally, the company announced it is in discussions with a plaintiff’s group led by the law firms of Liston & Deas and Cohen & Milstein in an effort to bring final resolution to these concerns in other affected states,” the filing said. “Consistent with those discussions, Centene has recorded a reserve estimate of $1.1 billion related to this issue, exclusive of the above settlements.”

In announcing the Ohio settlement, Attorney General Dave Yost said that Centene, the largest Medicaid managed-care contractor in the United States, didn’t admit wrongdoing. But he said the amount of the settlement speaks for itself.

“I will accept an apology note that has this many zeros behind it,” he said.

Ohio has been a leader in trying to police middlemen known as pharmacy benefit managers. And Yost said one of the terms of the settlement is that if any other state gets more than $88 million, Ohio will as well.

In a press release, Centene said “the practices described in the settlement focus on the structure and processes of Envolve (a subsidiary), primarily during 2017 and 2018.”

As a managed-care provider, Centene uses state Medicaid money to sign up clients and to manage and pay networks of providers such as doctors to care for them.

To handle the complexity and volume of drug transactions, manage-care providers hire pharmacy benefit managers. They negotiate discounts from manufacturers, create lists of preferred drugs and determine reimbursements to pharmacies.

The PBM industry is highly concentrated and critics say the biggest players use a lack of transparency to gouge payers. Prompted by an investigation by The Columbus Dispatch, the Ohio Department of Medicaid in 2018 analyzed all reimbursement data from the prior year. It found that in 2017 alone, CVS Caremark and OptumRx billed the state almost a quarter billion dollars more for generic drugs than it reimbursed the pharmacies that had bought and dispensed them.

Reporting by The Dispatch also showed that a Centene-owned PBM was paid $20 million that year for work that its subcontractor, CVS Caremark, said it did. Both companies later denied that it was a case of double-dipping.

The lawsuit Yost filed against Centene in March accused the company of several kinds of double billing.

It said Centene hired its own PBM, Envolve, which hired another Centene-owned PBM, Health Net Pharmacy Solutions, which hired CVS Caremark, the biggest PBM in the country. Working through that chain of middlemen, the lawsuit said, Centene pocketed $6.7 million a year that was intended to cover pharmacists’ dispensing costs.

The suit also accused Centene’s PBMs of wildly marking up drug prices. During a single week in 2018, that amounted to $400,000, the suit said.

Centene said that starting in 2019, it introduced new rules. 

Going forward, Envolve will operate as an administrative service provider, not a PBM, on behalf of Centene’s local health plans to further simplify our pharmacy operations,” the statement it released on Monday said.

The company also seemed anxious to reassure states it depends on for billions of dollars worth of business every year.

“We respect the deep and critically important relationships we have with our state partners,” Brent Layton, the company’s president of health plans, markets and products, said in a statement. “These agreements reflect the significance we place on addressing their concerns and our ongoing commitment to making the delivery of healthcare local, simple and transparent. Importantly, putting these issues behind us allows us to continue our relentless focus on delivering high-quality outcomes to our members.”

Because of the suit, Centene’s managed care organization, Buckeye Health Plan, was suspended from its business with the Ohio Medicaid department, which has an annual budget of $29 billion. Yost said it’s up to the Medicaid department to decide whether Centene will be reinstated.

Pharmacists across the country have for years complained of predatory reimbursement practices by huge pharmacy middlemen. They greeted the news of Monday’s settlement.

“This is just the latest evidence that PBMs have been using their self-infused complexity in prescription-drug pricing to fleece providers and payers for billions,” Scott Knoer, executive vice president and CEO of the American Pharmacists Association, said in a text message. Ohio “Gov. Mike DeWine and Attorney General Dave Yost have been national leaders in bringing needed accountability to the shady PBM industry. I’m glad the taxpayers in my home state are finally getting some of their money back.”

Since Medicaid is funded both by state and federal governments the settlement money will be split among those entities, Yost said. Similar arrangements are likely to be made in other states Centene settles with. 

It typically does business as a Medicaid managed-care provider with a local-sounding name. In addition to Ohio’s Buckeye Health Plan, in Mississippi it owns Magnolia Health Plan, in Georgia it has Peach State Health Plan, in Kansas it’s Sunflower Health Plan, in Arkansas, Arkansas Total Care, while in Oklahoma the company owns Oklahoma Complete Health, and in New Mexico it owns Western Sky Community Care.

Yost said hoped that Monday’s settlement catches the attention of all big Medicaid contractors.

“I hope that the message is going out to the entire industry across the country that the days of operating behind the curtain as the great Oz are over and that you’re working for the people of these states that hire you to bring value and quality and to do it with integrity.” he said.

Ohio Capital Journal is part of States Newsroom, a network of news outlets supported by grants and a coalition of donors as a 501c(3) public charity. Ohio Capital Journal maintains editorial independence. Contact Editor David DeWitt for questions: info@ohiocapitaljournal.com. Follow Ohio Capital Journal on Facebook and Twitter.

Clipped from: https://iowacapitaldispatch.com/2021/06/14/centene-agrees-to-settle-medicaid-claims-with-ohio-mississippi-for-143-million/

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Supreme Court (SCOTUS) Upholds ACA (Obamacare) in 7-2 Decision – Bloomberg

MM Curator summary

 
 

SCOTUS ignores opposition to the severability argument, and dismisses case with a “no standing” ruling.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

The U.S. Supreme Court rejected the latest Republican attack on the Affordable Care Act, preserving a landmark law that provides health insurance to 20 million people.

The 7-2 ruling marks the third time the Supreme Court, despite its increasingly conservative makeup, has backed central parts of Obamacare, as the law is also known. The GOP has been trying to wipe out the measure since it was enacted in 2010 under Democratic President Barack Obama.

With health care accounting for a sixth of the U.S. economy, the stakes were massive. Advocates for patients, doctors, hospitals and insurance companies urged the court to uphold the law, warning of chaos should the measure be invalidated.

The ruling is “a big win for the American people,” President Joe Biden tweeted. “With millions of people relying on the Affordable Care Act for coverage, it remains, as ever, a BFD. And it’s here to stay.”

Opponents were trying to use a Republican-backed 2017 tax change to invalidate the law. The change eliminated the penalty for noncompliance with the so-called individual mandate to acquire insurance. That provision had been central in 2012 when the Supreme Court upheld the law as a legitimate use of Congress’ constitutional taxing power.

Writing for the court, Justice Stephen Breyer said the states and people who filed the latest suit — later backed by former President Donald Trump’s administration — lacked legal standing to go to court. Breyer said the people couldn’t show they were injured by the now-toothless mandate, as required under the Constitution.

“To find standing here to attack an unenforceable statutory provision would allow a federal court to issue what would amount to in advisory opinion without the possibility of any judicial relief,” Breyer wrote.

Breyer also rejected contentions by Texas and other suing states that they had standing. The states said the individual mandate is costing them money by causing more people to enroll in the Medicaid insurance program for the poor.

“A penalty might have led some inertia-bound individuals to enroll,” Breyer wrote. “But without a penalty, what incentive could the provision provide?”

Dissenting Conservatives

Justices Samuel Alito and Neil Gorsuch dissented, saying they would have let the suit go forward and dismantled much of the law.

“No one can fail to be impressed by the lengths to which this court has been willing to go to defend the ACA against all threats,” wrote Alito, who was in dissent in both previous Obamacare cases.

In a concurring opinion, Justice Clarence Thomas said he agreed with Alito’s analysis of the previous cases, but agreed with the majority that the latest challengers lacked the right to sue. “Although this court has erred twice before in cases involving the Affordable Care Act, it does not err today,” Thomas wrote.

QuickTake: How Obamacare Survived Trump and What Biden Is Doing

Three other members of the court’s conservative wing — Chief Justice John Roberts and Trump-appointed Justices Brett Kavanaugh and Amy Coney Barrett — joined Breyer in the majority.

The ruling is “historic,” said House Speaker Nancy Pelosi, a Democrat from California. “We thank the court in its wisdom.”

The top three House Republicans, including Leader Kevin McCarthy of California, said in a joint statement that “the ruling does not change the fact that Obamacare failed to meet its promises and is hurting hard-working American families.”

The ACA expanded the Medicaid program for the poor, provided consumers with subsidies, created marketplaces to shop for insurance policies, required insurers to cover people with pre-existing conditions, and let children stay on their parents’ policies until age 26.

A federal appeals court had declared the individual mandate unconstitutional without the tax penalty and left doubt about the rest of the law. A group of Democratic-run states led by California and the U.S. House of Representatives defended the law.

Future Litigation

Josh Blackman, a law professor at the South Texas College of Law Houston, said the court left the door open for another constitutional challenge in the future. If the federal government tries to enforce another provision of Obamacare against someone, that person could try to argue Obamacare’s individual mandate is unconstitutional and the entire law must fall, he said.

“This doesn’t resolve the validity of the ACA,” Blackman said. “It just sort of kicks it down the road.”

But Jonathan Adler, a law professor at Case Western Reserve University School of Law, said the only way the same argument could be raised is if the federal government tries to enforce the individual mandate.

“The government will not do that,” he said. “I don’t think that’s a risk.”

Texas could try to come back and shows reams of evidence of how many people are going to enroll in its plans because of this mandate, but it’s unlikely, said Katie Keith, a health law professor at Georgetown University.

“I don’t think they can do that and I think the court here would even be skeptical about that,” she said. “I think it’s a very low risk that that happens but you never say never.”

While there may not be another broad constitutional challenge ahead, litigation over Obamacare will continue.

“There will not be a big omnibus challenge to the entire statute, but there will continue to be ongoing litigation about the administration and enforcement of the law, and that will go on for some time,” Adler said.

The case is California v. Texas, 19-840.

— With assistance by Billy House, and Lydia Wheeler

(Updates with additional Breyer comment in ninth paragraph, reaction at end of story.)

 
 

 
 

 
 

Clipped from: https://www.bloomberg.com/news/articles/2021-06-17/u-s-supreme-court-upholds-affordable-care-act