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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position within the governor’s office that Foxhoven felt no longer fit the purpose under which the arrangement was originally made.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

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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

 
 

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Comprehensive Home and Community-Based Services Waiver Amendment Approved By Centers for Medicare and Medicaid Services (CMS).

 
 

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An update to the NY IDD / HCBS waiver will allow for more services to be delivered via telehealth even after the pandemic.

 
 

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 Office for People With Developmental Disabilities (OPWDD) is pleased to announce that the 1915(c) Comprehensive Home and Community-Based Services (HCBS) Waiver Amendment, Amendment 06 has been approved by the federal Centers for Medicare and Medicaid Services (CMS).  This Waiver Amendment will be effective July 1, 2021 and will fund services for approximately 90,000 New Yorkers with intellectual and developmental disabilities.

The HCBS Waiver is the Medicaid program that provides opportunities for adults and children with intellectual and developmental disabilities to receive services in their own home or community.

The July 1, 2021 Amendment includes changes to permanently adopt telehealth and in-residence service delivery models that were temporarily adopted to address the COVID-19 public health emergency. These changes  include a revision to the service description for Community Habilitation to allow the delivery of Community Habilitation services within certified residences. In addition, the Amendment allows Day Habilitation, Prevocational Services, Respite, Pathway to Employment, Support Brokerage, Community Habilitation, and Supported Employment services to be delivered via telehealth modalities in accordance with State and Federal guidance. These service models will take effect following the end date of OPWDD’s Appendix K temporary authority, which was approved on an emergency basis by CMS in response to the COVID-19 public health emergency. The Appendix K authority will end six months following the end of the Public Health Emergency.

The amendment also includes a revision to the Intensive Respite service definition to allow individuals who live in certified settings to access Intensive Respite from a Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) Resource Center.

Clipped from: https://news.hamlethub.com/brewster/politics/14964-comprehensive-home-and-community-based-services-waiver-amendment-approved-by-centers-for-medicare-and-medicaid-services-cms

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DHS: 2,868 people in Medicaid programs might have had information exposed

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A data breach in Wisconsin exposed personal health information for members.

 
 

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.

 
 

 
 

MADISON, Wis. (WBAY) – Wisconsin’s health department is notifying almost 3,000 people in Medicaid programs that their personal information might have been exposed, including names, birth dates, Social Security numbers, member ID numbers, and health information.

The Department of Health Services says it discovered a person who didn’t have authorization accessed an email account on February 19. Their access was disabled the same day.

The DHS isn’t aware of information being exposed, but an investigation determined there was that potential risk for people in Medicaid long-term care programs in Wisconsin, including Family Care, IRIS and Children’s Long-Term Support programs.

The state is sending notices to 2,868 people Friday to alert them to this possibility. The DHS says they’ll be offered free credit monitoring for one year and a dedicated call center to answer any questions.

 
 

Clipped from: https://www.weau.com/2021/06/04/dhs-2868-people-medicaid-programs-might-have-had-information-exposed/

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Biden’s Budget Gives States Another Big Reason Not To Expand Medicaid

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Biden’s proposed repeal the Hyde Amendment would force states to pay for abortions.

 
 

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.

 
 

 
 

 
 

If Congress enacts them into law, the legislative concepts outlined in President Biden’s first budget will have far-reaching effects on American debt, deficits, and taxation. One specific policy may have an effect even as a proposal. By suggesting a repeal of the Hyde Amendment, the president gave conservative states another reason not to expand Medicaid.

While coverage of the Biden budget has focused on its support of taxpayer funding for abortion, fewer articles have analyzed where that funding would occur. In practice, eliminating the Hyde Amendment would mean states that have embraced Medicaid expansion would find themselves on the vanguard of a major expansion of abortion coverage. The states that have yet to expand Medicaid—all of which have pro-life tendencies—should take note.

Additional Cash in COVID Spending Spree

Biden has offered new incentives for the 12 states who have yet to embrace Obamacare’s expansion of Medicaid to the able-bodied. Under the aegis of “COVID relief,” Section 9814 of Democrats’ economic legislation offers states that had not expanded as of its March date of enactment a two-year, 5 percent increase in the federal match for their existing Medicaid populations.

Democrats hope that the combination of a temporary increased federal match for current beneficiaries, coupled with a 90 percent enhanced federal match for the new populations covered by Obamacare, would entice the remaining states to take up expansion.

Cutting Hyde Means Forcing States to Cover Abortion

But the administration’s proposal to repeal the Hyde Amendment would have the opposite effect. First enacted in 1976 and named for the late pro-life Rep. Henry Hyde, R-Illinois, the amendment prohibits all federal funds, including Medicaid matching dollars, from being used for abortions, except in the cases of rape, incest, or to save the life of the mother.

Because the Hyde Amendment occurs as a rider to Congress’ annual appropriations bills, lawmakers must re-enact the measure every year. Biden’s budget proposed eliminating the rider for next year’s appropriations measure, in which case the pro-life protections would lapse.

If Congress follows the president’s lead and does not renew the Hyde Amendment, court precedents may require state Medicaid programs to cover abortions in most if not all cases. A 1994 district court ruling in Michigan, and earlier rulings from several federal courts of appeals, suggest that congressional authorization of comprehensive health benefits like those in Medicaid means such programs must cover all medically necessary treatments—including abortion—unless Congress explicitly states otherwise.

Some may argue that, even if the Hyde Amendment represents the only barrier from Medicaid programs being forced to fund abortions, concerns from pro-life Democrats and the Senate’s super-majority requirement for most legislation make it unlikely Congress would let the Hyde language lapse. Those individuals should remember that Biden supported the Hyde Amendment for decades—until quickly reversing himself soon after he announced his presidential campaign.

Another Good Reason to Pass Up Medicaid Expansion

The 12 states that have not adopted Medicaid expansion all have pro-life tendencies. While 16 state Medicaid programs cover abortion despite the Hyde prohibition on the use of federal funding by using state-only dollars, none of the states that have declined the Obamacare expansion do so.

States have many good reasons to eschew Medicaid expansion: The uncertainty of enhanced matching funds from Washington given more than $28 trillion in federal debt, and the need to preserve programs like Medicaid for the most vulnerable patients rather than expanding to able-bodied adults. But for pro-life lawmakers in conservative states, the president’s budget provides another tangible reason to avoid Medicaid expansion, as Biden wants to dragoon states that acquiesce into a massive expansion of abortion coverage.

Clipped from: https://thefederalist.com/2021/06/08/bidens-budget-gives-states-another-big-reason-not-to-expand-medicaid/

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MONTANA- Medicaid expansion enrollment hits record number in April

MM Curator summary

 
 

MT Medicaid is at its highest ever peak due to not removing ineligible members from the rolls during the pandemic.

 
 

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.

 
 

 
 

MISSOULA, Mont. (AP) — A record number of Montanans are enrolled in the state’s Medicaid expansion program, which provides health insurance for low-income adults, according to the state health department.

Nearly 99,000 people were being served by the program in April, which is 18,300 more than the nearly 80,500 enrolled a year earlier, according to state data.

The state stopped disenrolling people from Medicaid programs during the COVID-19 pandemic, leading to the higher enrollment numbers, Chuck Council, a spokesperson for the Department of Public health and Human Services, told Montana Public Radio.

The department will resume taking people off the programs if they’re no longer eligible once Montana’s public health emergency ends, Council said.

Republican Rep. Ed Buttrey of Great Falls, who co-sponsored the Medicaid expansion legislation, said the program is working like it should.

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“When we get into hard times, people get into hard times, this is a safety net measure to make sure that folks are not neglecting their health care and that providers are getting paid for the services they provide,” Buttrey said.

The previous enrollment high was 96,656 people in August 2018.

Medicaid expansion in Montana is funded with 89% federal money and 11% state money. Montana’s Medicaid expansion program requires participants to pay premiums.

 
 

Clipped from: https://www.westport-news.com/news/article/Medicaid-expansion-enrollment-hits-record-number-16223162.php