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FWA- Alabama pill mill doctor’s sister said she obeyed him due to Nigerian cultural norms; sentences upheld

[MM Curator Summary]: Apparently the patriarchy and toxic masculinity in Nigerian culture is not a sufficient defense against fraud charges in Alabama.

 
 

Judges on the U.S. Court of Appeals for the 11th Circuit upheld last week the 30-year sentence of an Alabama doctor who prescribed high numbers of opioids and fraudulently billed for allergy treatment.

A jury found Dr. Patrick Ifediba and his sister, Ngozi Justina Ozuligbo, guilty in 2019 on dozens of counts of health care fraud and controlled substances violations. U.S. District Court Judge David R. Proctor sentenced Ifediba to 30 years and Ozuligbo to three years in prison.

Ifediba challenged his conviction because the court barred evidence of his good care to other patients, failed to address wrongdoing by an alternate juror and incorrectly calculated the amount of unlawfully prescribed opioids, according to court documents.

Ifediba operated Care Complete Medical Clinic in Birmingham with his wife, Dr. Uchenna Ifediba. According to court documents, neither one specialized in pain care, but they prescribed high numbers of opioids such as oxycodone and fentanyl. About 85 percent of the patients at CCMC received opioid prescriptions, according to the U.S. Department of Justice.

“CCMC attracted patients who were willing to wait over three hours in a dirty, crowded waiting room to receive prescriptions for controlled substances,” appeals court judges wrote in the opinion. “The clinic stayed open until 10:00 PM to accommodate them.”

Authorities in the case estimated Ifediba unlawfully prescribed between 30,000 and 90,000 kilograms of drugs. The doctor said the true estimate should have been between 1,000 and 3,000 kilograms, which would have reduced his sentence. Judges on the appeals court upheld the long sentence and agreed with the way federal investigators calculated the volume of drugs.

In addition to the opioid prescriptions, investigators also found that Ifediba performed costly allergy tests on almost all patients with insurance. He also prescribed expensive immunotherapy treatments for many patients, including some who tested negative for allergies.

The allergy tests cost more than $500 per patient and shots cost $2,660, according to the court opinion. Staff at Blue Cross Blue Shield of Alabama initially flagged the high numbers of allergy treatments and notified federal authorities, according to court documents. When the insurer moved to audit the clinic, staff members changed documents and test results to support treatment.

During the trial, an alternate juror violated court instructions and did online research about the case and discussed it with coworkers, according to the opinion. The juror was dismissed, but Ifediba argued more should have been done to determine whether the alternate discussed findings with other jurors.

Ozuligbo also challenged her conviction, arguing that she should have been allowed to present evidence of Nigerian cultural norms that required her to obey her brother. She worked as a nurse with a company that administered allergy tests and treatment but remained on site at CCMC.

“There was more than sufficient evidence to demonstrate that CCMC defrauded insurers through an allergy fraud scheme,” judges wrote in the opinion. “The only question is whether Ozuligbo was a knowing and voluntary participant in the conspiracy.”

Although Ozuligbo said she was just an employee, medical records showed she had signed and recorded negative allergy tests and then administered treatments the patients didn’t need.

Ifediba was convicted on 14 counts of unlawful distribution of controlled substances, 10 counts of health care fraud and one count of conspiracy to commit money laundering, among other charges. Ozuligbo was convicted of nine counts of health care fraud and one count of conspiracy to commit money laundering, plus some additional charges.

U.S. Attorney for the Northern District of Alabama Prim F. Escalona made a statement in 2020 when Ifediba was sentenced.

“Physicians who choose to deal drugs while hiding behind their white coats are no different than drug dealers who hide in alleys,” Escalona said. “The greed of Dr. Ifediba contributed to the ongoing opioid crisis that is plaguing our communities.

 
 

Clipped from: https://www.msn.com/en-us/news/crime/alabama-pill-mill-doctor-e2-80-99s-sister-said-she-obeyed-him-due-to-nigerian-cultural-norms-sentences-upheld/ar-AA11eO80

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LA- Louisiana Medicaid implementing new payment model for hospitals

[MM Curator Summary]: The move seeks to prevent disruption if /when current hospital sugar money strategies change at the federal level.

Payments will be made based on Medicaid utilization

Louisiana Medicaid has received approval from the Centers for Medicare & Medicaid Services (CMS) to implement a new payment model for hospitals that is based on Medicaid utilization.

 
 

The new payment model increases hospital supplemental payments and prioritizes maintaining adequate funding for safety-net hospitals across Louisiana, without requiring additional state general funds. Additionally, the model creates more uniform guidelines and stability for hospital payments.

 
 

Developing a standardized funding formula for hospitals is one of the 17 initiatives included in our FY22 Business Plan

 
 

“We are excited to begin implementing this new payment model that is sustainable and equitable for hospital providers,” said LDH Undersecretary Ruth Johnson. “This new model, called a state directed payment model, changes the way we reimburse hospitals for care provided to Medicaid patients to align with guidance issued by CMS. The new model is a critical part of our Business Plan and was a top LDH priority during the Spring 2022 Regular Legislative Session.”

 
 

“This change demanded careful, attentive work and strong partnerships,” said Johnson. “We are thankful for the support of Gov. Edwards, the advocacy of the Louisiana Hospital Association (LHA), input from our legislative partners and the painstaking work of our LDH team members that made this new model possible.”

 
 

LDH through its Medicaid program has been working closely with CMS, hospital providers, the LHA,  legislators, and other stakeholders to design this new payment model. 

 
 

“This was important to legislators which is why we passed House Concurrent Resolution 8 of the 2022 Legislative Session,” said State Rep. Clay Schexnayder. “We are grateful for the thoughtful and transparent process LDH used in the development of this new hospital payment model, which focuses on effectively and appropriately funding our vital network of hospitals.”

 
 

“Hospitals are critical to our comprehensive medical care, to respond to health crises, and so much more,” said State Sen. Page Cortez. “This new payment model supports hospitals to ensure that they continue to be available in our communities for access by all of our state’s residents.”

 
 

“The LHA sincerely appreciates the hard work performed by LDH and Milliman throughout this process as well as their transparency and engagement with LHA and its member hospitals,” said LHA President and CEO Paul A. Salles. “We also want to thank the Louisiana Legislature for voting to implement this directed payment model when unanimously passing HCR 8 by House Speaker Clay Shexnayder (R-Gonzales). This new program requires no additional state general funds and places Louisiana in stronger compliance with federal guidelines, while making it easier for Louisiana hospitals to continue caring for their communities.”

 
 

The increased payments will be based upon Medicaid inpatient and outpatient hospital, long-term care, free-standing rehabilitation and free-standing psychiatric hospital services across the state. 

 
 

The new payment model became effective July 1, 2022.

 
 

Clipped from: https://ldh.la.gov/news/6732

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FWA- Montana Claimed Federal Medicaid Reimbursement for More Than $5 Million in Targeted Case Management Services That Did Not Comply With Federal and State Requirements

[MM Curator Summary]: The audit found that the correct procedures were in place to prevent the improper reimbursement; the state just didn’t follow its own procedures.

 
 

08-26-2022 | A-07-21-03246 | Complete Report | Report in Brief

Why OIG Did This Audit

Targeted Case Management (TCM) services assist specific State-designated Medicaid groups in gaining access to medical, social, educational, and other types of services. Previous Office of Inspector General (OIG) audits found that some States did not always claim Federal Medicaid reimbursement for TCM services in accordance with Federal and State requirements.

Our objective was to determine whether Montana claimed Federal Medicaid reimbursement for TCM services during Federal fiscal years (FYs) 2018 through 2020 in accordance with Federal and State requirements.

How OIG Did This Audit

Our audit covered $42.1 million ($27.5 million Federal share) in Medicaid payments for TCM services provided and paid for in Montana during FYs 2018 through 2020 (October 1, 2017, through September 30, 2020).

We reviewed documentation for a stratified random sample of 150 unique TCM grouped line items (sample items) from the 4 largest target groups in the State to determine whether the services provided were allowable, case managers providing services were qualified, and recipients receiving services were eligible. We reviewed payment rates to determine whether they matched the approved rates for the period. We compared TCM documentation provided by Montana to applicable Federal regulations and the State plan supplements governing Montana’s TCM program.

What OIG Found

Montana did not always claim Federal Medicaid reimbursement for TCM services during FYs 2018 through 2020 in accordance with Federal and State requirements. Of the 150 randomly sampled grouped line items, 43 sample items were at least partially unallowable because they had at least 1 error related to case managers lacking required experience or qualifications, unsupported services, unallowable services, or an ineligible recipient.

Montana had policies and procedures in place for the administration of TCM services that, if followed, would have ensured compliance with Federal and State requirements. Based on our sample results, we estimated that Montana claimed at least $7.7 million (more than $5 million Federal share) in unallowable Medicaid reimbursement for these services.

What OIG Recommends and Montana Comments

We recommend that Montana refund to the Federal Government the more than $5 million (Federal share) in overpayments. We also make procedural recommendations that Montana always follows its established policies and procedures regarding: (1) TCM providers’ case manager hiring practices, (2) verification that billed services were allowable and properly documented, and (3) verification that all individuals receiving services were eligible. Furthermore, we make procedural recommendations that Montana require TCM providers to comply with established policies and procedures.

Our draft report had identified 45 sample items with errors. Montana did not concur with 10 of the 45 sample items that we had identified as unallowable, said that these were allowable claims that were consistent with Federal and State law and policy, and gave us additional documentation. Montana neither agreed nor disagreed with our procedural recommendations but described corrective actions that it had taken or planned to take.

After reviewing Montana’s comments and the additional documentation provided, we revised, for this final report, the number of errors we identified from 45 to 43 sample items. Accordingly, we revised our statistical estimate and the dollar amount conveyed in our first recommendation. We maintain that our findings and recommendations, as revised, are valid.

Filed under: Centers for Medicare and Medicaid Services

 
 

Clipped from: https://oig.hhs.gov/oas/reports/region7/72103246.asp

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FWA- California suspends Medicaid payments to Borrego Health for 2nd time in 2 years

[MM Curator Summary]: If it walks like a duck..

 
 

For the second time in two years, California health officials are suspending all Medicaid payments to federally qualified health center Borrego Health for “continued and unresolved inappropriate billings,” the San Diego Union-Tribune reported Aug. 30.

The California Department of Health Care Services’ decision comes after state and federal authorities launched a criminal investigation into millions of dollars of alleged improper billings, excessive salaries and above-market rent payments at Borrego Spring-based Borrego Health, according to the report. It also comes after Borrego Community Healthcare Foundation sued several past board members, executives and contractors over allegations of racketeering, fraud, nepotism, excessive compensation and self-dealing.

Borrego Health’s Medicaid reimbursements were first suspended in December 2020 after state and federal agents raided Borrego Health locations, seizing computers, taking medical records and interviewing employees. 

Regulators agreed to reinstate Medicaid reimbursements for medical services in early 2021, but not for dental work, which remains the focus of the criminal investigation, according to the report. The reinstatement came after Borrego Health agreed to an independent monitor and other conditions. 

In an Aug. 19 letter obtained by the San Diego Union-Tribune, state health officials said they would withdraw all Medicaid reimbursements by Sept. 29 because of Borrego Health’s alleged failure to meet its settlement obligations.  

A Borrego Health spokesperson told the San Diego Union-Tribune the decision was unwarranted and unexpected and will “significantly and abruptly reduce access to care for thousands of at-risk Californians.”

 
 

 
 

Clipped from: https://www.beckershospitalreview.com/finance/california-suspends-medicaid-payments-to-borrego-health-for-2nd-time-in-2-years.html

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FWA- Southwest Idaho woman gets jail, fines for Medicaid fraud

[MM Curator Summary]: Pretty pedestrian bogus claims fraud here. Nothing to see except another half a million or so of the taxes taken out of your W-2 going up in smoke.

 
 

 
 

BOISE, Idaho

A southwestern Idaho woman who pleaded guilty to defrauding the Idaho Department of Health and Welfare’s Medicaid program by falsely claiming services to participants with developmental disabilities has been sentenced to 180 days in the Ada County Jail and must repay more than $146,000 in criminal restitution.

Attorney General Lawrence Wasden announced Monday that 58-year-old Janna Lyn Miller of Kuna received the sentence Thursday in 4th District Court.

District Court Judge Samuel Hoagland also ordered Miller to pay $83,000 in criminal restitution as well as $2,000 in court costs. Officials recovered $64,000 in fraudulent payments before sentencing.

Miller also received a five-year suspended sentence with five years of probation. She will have to spend a minimum one year in state prison if she violates her probation.

In addition to the criminal restitution, Miller owes the state more than $234,000 in additional overpayments and related penalties. All told, she is responsible for paying more than $375,000 related to her company’s actions.

The attorney general’s office said that Miller owned and operated Inclusion, Inc., a Meridian-based company that provided home health, supervised employment, mental health counseling and social support services to Idaho Medicaid participants with developmental disabilities.

Besides the main office in Meridian, the company also had offices in Sandpoint, Coeur d’Alene and Twin Falls.

The attorney general’s office said Miller wrongfully obtained Medicaid funds by making false representations or directing workers to make false representations regarding services provided.

Miller’s prosecution resulted from a coordinated effort by the U.S. Department of Health and Welfare’s Medicaid Program Integrity Unit, the Idaho Branch of the Office of the Inspector General of the U.S. Department of Health and Human Services, and the state attorney general’s Medicaid Fraud Control Unit.

This story was originally published August 30, 2022 5:12 AM.

Clipped from: https://www.newsobserver.com/news/article265057249.html

News


 

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MCO- UPMC Health Plan adds more than 11,000 Philadelphia-area Medicaid members

[MM Curator Summary]: The PA MCO continues to have success; this time in a new region (for Medicaid anyway- they already had a strong duals presence there).

 
 

Enlarge

A billboard used to promote UPMC Health Plan’s Medicaid managed care product, UPMC for You, in the Philadelphia region.

UPMC Health Plan

Medicaid managed care companies serving the five-county Philadelphia region have new competition from western Pennsylvania.

During this year’s open enrollment period, Pittsburgh-based UPMC Health Plan signed up 11,142 Medicaid recipients in Southeastern Pennsylvania for its UPMC for You plan, which will operate statewide as of Sept. 1.

John Lovelace, president of UPMC Health Plan, said that enrollment number will likely rise in the days ahead because the state will be randomly assigning — in an equitable manner — any Medicaid beneficiaries who did not enroll in a Physical HealthChoices program plan to a program participant.

“We’re starting off our big push forward with about 130,000 new people across Pennsylvania on Thursday, and maybe more,” Lovelace said.

 
 

Enlarge

UPMC Health Plan President John Lovelace

UPMC Health Plan

The Pennsylvania Department of Health, after a process delayed by litigation for several years, this year changed its lineup of health insurers participating in the state’s Physical HealthChoices program. The program requires recipients of Medicaid, which covers health care costs for low-income families and individuals, to enroll in a choice of managed care plans.

The state has separate Medicaid manage cared programs for mental health services, for children and for people dually eligible for Medicaid and Medicare — the federal and state program that covers health care costs of the elderly.

UPMC was selected as a Physical HealthChoices program participant in all five geographic zones in the state including Southeastern Pennsylvania, where it will compete with Independence Health Group’s Keystone First and Health Partners Plans, both of which are based in Philadelphia, along with United Healthcare and Geisinger Health Plans.

The biggest change locally is Aetna will no longer be part of the program.

The five-county region has 1 million people who qualify for the Physical HealthChoices program. The two Philadelphia-based companies lead the market, with Keystone having about 524,000 Medicaid members and Health Partners Plans having about 273,000.

New enrollment numbers for all the plans, following open enrollment, are not yet available.

UPMC Health Plan already has a presence in the Philadelphia region, Lovelace said, covering about 32,000 people who are either dually Medicare and Medicaid eligible or Medicare special needs patients.

Lovelace said the plan is in the process of expanded its Children’s Health Insurance Program (CHIP) coverage in the Philadelphia region.

Prior to expanding into Southeastern Pennsylvania as well as Northeastern Pennsylvania, where it has picked up about 20,715 Medicaid members, UPMC had about 560,000 Medicaid plan members throughout the rest of the state.

Clipped from: https://www.bizjournals.com/philadelphia/news/2022/08/30/upmc-health-plan-medicaid-philadelphia-pittsburgh.html

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OP ED Grab-Bag: Medicaid work requirements aren’t inherently a bad thing

[MM Curator Summary]: The author suggests that the success of welfare reform- which got single mothers into the workforce- should be considered before we burn the Republican witches at the stake.

 
 

“Work requirements” are back in the news, after a federal judge ruled in favor of Georgia’s Medicaid “waiver.” It’s worth exploring what this means — and what it doesn’t.

You may recall this discussion from years past. Rather than expanding Medicaid as envisioned by Obamacare, Gov. Brian Kemp sought and received federal permission for a more limited expansion, including a work requirement. But within days of Joe Biden entering the White House, the federal government signaled it would rescind that approval, which it did late last year.

First things first: “work requirements” is a misnomer. In fact, the Georgia Pathways program offers several ways to meet the 80-hours-per-month qualification. Those include a job, job training, community service and some types of education.

 
 

But to the extent “work requirements” are fulfilled by actual work, they’re a proven way to help Americans better themselves financially. We can see this from the successful welfare reforms of the 1990s.

A 2016 study of the effects of the reforms by the Manhattan Institute found child poverty, for example, fell from 29% in 1993 — exactly where it stood back in 1967 — to 18% in 2000 and 17% in 2009. Even after the Great Recession, it was significantly lower than pre-reform, at 19% in 2012.

What changed? Single mothers joined the workforce. Before, they faced a choice between working and receiving benefits — a choice that skewed toward welfare because of the relatively high wages one would have to earn to replace those benefits. With greater latitude to work, single mothers began working at much higher rates: a 15-percentage-point increase between 1996 and 1999, compared with a 10-point increase between 1980 and 1996. The share of single mothers on welfare fell from 50% in 1996 to 17% in 2008.

How does that apply to Medicaid? It largely hasn’t. Courts ruled that adding work requirements for existing recipients in Arkansas and Kentucky was unlawful because it would cost some people their coverage. Opponents of Georgia’s waiver pointed to those rulings as a reason Kemp was wasting his time.

But Kemp’s program, called Georgia Pathways, essentially reverse-engineered the Arkansas and Kentucky rulings. Rather than adding work requirements for current beneficiaries, Georgia uses “qualifying activities” to determine eligibility for the new program. People can’t lose coverage they never had.

 
 

Thus, Georgia Pathways can only increase coverage. That was central to the Aug. 19 decision by U.S. District Judge Lisa Godbey Wood, which set aside the Biden administration’s rescission of Georgia’s waiver.

Pending an appeal by CMS, we may finally get to see how work requirements fit with Medicaid. We can expect good things.

First and foremost, we can expect better health outcomes for recipients — even if federal judges have said health outcomes aren’t a priority for Medicaid waivers, because coverage is the program’s central objective. Why better outcomes? Research indicates employed people tend to remain healthier. Even if that isn’t a primary objective of Medicaid, it would be a worthy result.

Georgia Pathways also prioritizes private coverage for workers whose employers offer health insurance. That’s beneficial for them in two key ways. First, private insurance is much more widely accepted by providers than traditional Medicaid, so these workers are far more likely to gain access to care.

Then there’s continuity of coverage. The income limit for Georgia Pathways is 100% of the federal poverty line, or $13,590 for a single adult this year. A part-time worker earning $13.50 per hour would barely qualify. But if he got an hourly raise of even 10 cents, he might lose it.

With traditional Medicaid, that would mean losing his specific plan, with its specific network of doctors. But with Georgia Pathways, he would already be on his employer’s plan. Although he would have to pay more in premiums, he could stay on the same plan and keep the same doctors.

All of this is more complicated than our bumper-sticker politics prefers. But it’s clear that with this ruling, Georgians may finally get a plan that works.

 
 

Clipped from: https://thebrunswicknews.com/opinion/editorial_columns/medicaid-work-requirements-arent-inherently-a-bad-thing/article_809114f7-f637-51ec-96da-48b291302c98.html

 
 

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OP ED Grab-Bag: School is where health care happens for kids. Changes in Medicaid can help

[MM Curator Summary]: The author provides a decent primer on schools as a place of service, including challenges in getting states to take advantage of Medicaid funding for school-based care.

 
 

Schools are places where health care happens, an essential part of the nation’s public health infrastructure. During COVID-19, schools across the country responded to the call to action to vaccinate students and community members and to provide nutritious meals and mental health counseling services to kids — despite shuttered classrooms. Even before the pandemic, schools were providing care that supports classroom learning to the 14% of public school children who have special health care needs, including those with chronic physical, developmental, behavioral or emotional conditions.

A recent study in JAMA Pediatrics found that schools are “the de facto mental health system,” providing services to 57% of adolescents who needed care before the pandemic. In 2019, the Centers for Disease Control and Prevention found 37% of high school students reported persistent feelings of sadness or hopelessness; 19% having seriously considered suicide; and 9% having attempted suicide. And the need is even more profound now. From April to October 2021, the proportion of pediatric emergency room visits that were mental health-related increased nearly a third for ages 12 to 17 and 24% for children aged 5 to 11.

As is always the challenge in public education, the need far outweighs the resources available. But changes in federal Medicaid payment policy have paved the way for schools to access millions of dollars to fund school nursing, behavioral health and other services in schools.

For example, in 2014, the Centers for Medicare and Medicaid Services broadened a longstanding policy to allow schools to be reimbursed for providing covered services to any Medicaid-eligible child. But only 17 states have taken advantage of this funding stream by amending their Medicaid state plans (the document that defines the types of services and providers that are eligible for reimbursement) to reflect the new policy.

Michigan altered its state plan to include behavioral health analysts, school social workers and school psychologists as covered providers, while the state legislature approved $31 million to fund behavioral health providers in schools. Since this change, there has been about a 6% increase in the amount of Medicaid reimbursement being directed to schools. Louisiana amended its Medicaid state plan in 2015 and saw a 30% increase in its Medicaid revenue as the school nursing workforce grew 15%. Last year, Georgia changed its plan to allow Medicaid to pay for more school health services. Half of Georgia’s kids are covered by Medicaid or the state’s PeachCare system, so this shift is dramatic and creates an opportunity to bring hundreds of millions of dollars to Georgia’s school districts to support the most vulnerable students.

More states can position themselves to leverage Medicaid funding for schools by clarifying and expanding the scope of covered school health services and providers in their state Medicaid plans. But, some schools face additional barriers, such as complex billing processes. That issue is being addressed in the Bipartisan Safer Communities Act, which directs federal policymakers to issue guidance, launch a help center and release $50 million in planning grants in the next 12 months to assist state Medicaid agencies and local educational entities in overcoming these challenges. These supports are likely to include strategies and tools to reduce administrative burdens for billing, especially for rural schools, and best practices that schools and state Medicaid agencies can use to amend state plans so the services students need, and the providers who deliver them, become eligible for reimbursement by Medicaid.

The National Healthy Schools Collaborative’s Ten Year Roadmap for Healthy Schools prioritizes optimizing the ability of schools to bill Medicaid for school health services and, importantly, recognizes that when health and education officials fail to collaborate, it makes it very difficult to achieve this end. School nurses, district administrators and state education officials must get ready to collaborate with state Medicaid agencies to take advantage of supports the act will provide — preparing data on the health needs of their school communities, the types of services provided in schools (and that schools could start providing if reimbursed) and the types of licenses and credentials required for personnel delivering services in schools. State Medicaid officials can then make sure state plan amendments reflect the exact types of services students need and that schools are capable of delivering.

How else can school nurses, district administrators, and state education officials prepare?

  • Find out which states reimburse for Medicaid. Share information about the forthcoming supports for increasing access to Medicaid funds for school health services and providers.
  • Engage with school or district Student Health Advisory Committees to collect community input on the health services they want to access, understand school communities’ unmet health needs and increase awareness of the availability of Medicaid services in school.
  • Review the Community Health Needs Assessments from local hospitals to further understand the significant health needs of the community and the resources available to address those needs.
  • Make connections at the state’s Medicaid agency and advocate for reimbursing school providers for specific services (e.g., counseling, personal care, case management, immunizations) that are a priority for students.

 
 

Clipped from: https://www.laschoolreport.com/commentary-school-is-where-health-care-happens-for-kids-changes-in-medicaid-can-help/

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FGA Files Lawsuit Against the Centers for Medicare and Medicaid Services (CMS) for Stonewalling Requests Regarding Hospital Price Transparency

[MM Curator Summary]: Nearly 66% of hospitals are no complying with the CMS rule about making charge data public. This is a BFD, as our current President has been known to say.

 
 

 
 

Today, the Foundation for Government Accountability (FGA) filed a lawsuit against the Centers for Medicare and Medicaid Services (CMS)

NAPLES, Fla., Aug. 30, 2022 /PRNewswire-PRWeb/ — Today, the Foundation for Government Accountability (FGA) filed a lawsuit against the Centers for Medicare and Medicaid Services (CMS) after the agency, under the leadership of the Biden administration, failed to respond to FGA’s Freedom of Information Act (FOIA) request to obtain documents pertaining to a 2020 rule requiring hospitals to make standard charges public (84 FR 65524). Information FGA has uncovered to date reveals that CMS is failing to fully enforce the hospital price transparency rule. FGA chose to file suit after CMS repeatedly stonewalled their FOIA requests regarding the rule’s enforcement.

FGA released a report this morning revealing that nearly two-thirds of hospitals are not complying with the rule’s price transparency requirements, with several large hospitals and hospital systems being key violators of the rule.

“Though the Biden administration initially seemed to improve the hospital price transparency rule through increased penalties, its unwillingness to fully enforce the rule has rendered those improvements meaningless,” said Tarren Bragdon, FGA President and CEO. “With soaring inflation rates and hospitals raising prices, Americans shouldn’t have to worry or guess what a hospital visit will cost them. Patients deserve to know real prices up-front, and we intend to do everything in our power to ensure the Biden administration enforces this rule. No hospital, big or small, should get away with non-compliance and CMS has an obligation to hold these hospitals accountable.”

###
The Foundation for Government Accountability (FGA) is a non-profit, multi-state think tank that promotes public policy solutions to create opportunities for every American to experience the American Dream. To learn more, visit TheFGA.org

 
 

Clipped from: https://finance.yahoo.com/news/fga-files-lawsuit-against-centers-202500390.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAALMMY3tMR3RhrBoLTCC4IVoMnJqTkqJLK9JvU3K6_47OwWsDqX-MvLdIM-nGFWO39Gv-jR5JqFS5UF0j6GZh55r-5lDL3rrJUfch3b7NXpM7nSCrrZePaXTlrzUbV_EF3nWn5iftRoHCVIcvk4mdCEoLkf12knLVhqBSHzgeCuGg

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Federal Judge reinstates Georgia Medicaid work requirements

[MM Curator Summary]: Ruh-roh.

 
 

Photo: VisionsofAmerica/Joe Sohm/Getty Images

A federal judge has reinstated a Medicaid work requirement program in Georgia, saying that the Centers for Medicare and Medicaid Services, under the Biden administration, unfairly struck down the program that was first approved by the Trump administration.

CMS said last year it was revoking the work requirement, as well as a proposal to charge some Medicaid recipients monthly premiums. That prompted Georgia officials to sue, saying the agency lacked the authority to rescind the provision.

U.S. District Judge Lisa Godbey Wood issued the ruling on Friday, saying CMS’ decision was “arbitrary and capricious.” She said the agency measured pathways against a baseline of full Medicaid expansion rather than taking the demonstration on its own terms.

Wood also said CMS violated federal law by not engaging in reasoned decision-making, and failed to adequately explain why it changed course from the previous administration’s approval. She added that rescinding the approval may mean less Medicaid coverage in the state.

CMS does not comment on litigation as a matter of policy, but said last year that similar work requirements in other states had created confusion and hardship for Medicaid beneficiaries, with more than 18,000 losing coverage in Arkansas upon implementation of that state’s work program.

Georgia’s plan was to add an estimated 50,000 low-income and uninsured residents to the Medicaid rolls within two years, with the requirement that new Medicaid recipients would need a minimum number of qualifying hours through work, job training, education or volunteering.

Georgia Democrats have said full Medicaid expansion would cover hundreds of thousands of people at a much lower cost to the state, owing to expansion options under the Affordable Care Act, with the federal government picking up 90% of the cost of expanding the program to adults who make up to 138% of the federal poverty level.

In a recent Tweet, Georgia Governor Brian Kemp said the state’s plan “would better serve Georgians than a one-size-fits all Medicaid expansion.”

WHAT’S THE IMPACT

CMS began implementing work requirements for Medicaid coverage four years ago, a move opposed by those who said it would kick many receiving coverage off of Medicaid’s rolls.

In order to qualify for the program, individuals must comply with specific requirements, including participating in 80 hours of work monthly, or other qualifying activities. Most people with income between 50% and 100% of the FPL would be required to make initial and ongoing monthly premium payments.

Applicants and beneficiaries with disabilities who require reasonable accommodation will have options available to complete and report their qualifying activities and hours. The state is providing support to those not already working in order to encourage and enable those beneficiaries to obtain employment and take part in other education and job-supporting activities.

THE LARGER TREND

The Biden administration first began taking steps to roll back Medicaid work requirements in 2021, citing the economic and health impacts of the COVID-19 pandemic, which it said could make it more difficult for Medicaid recipients to fulfill the requirements.

“Uncertainty regarding the current crisis and the pandemic’s aftermath, and the potential impact on economic opportunities (including job skills training and other activities used to satisfy community engagement requirements, i.e., work and other similar activities), access to transportation and to affordable child care have greatly increased the risk that implementation of the community engagement requirement approved in this demonstration will result in unintended coverage loss,” CMS said in letters to states at the time.

Hospitals in states that implement Medicaid work requirements could see their Medicaid revenues decrease by as much as 21%, their uncompensated care costs increase as much as 133% and their operating margins fall by upward of 2%, according to estimates by The Commonwealth Fund.

Twitter: @JELagasse
Email the writer: je**********@********ia.com

 
 

Clipped from: https://www.healthcarefinancenews.com/news/federal-judge-reinstates-georgia-medicaid-work-requirements

In issuing the ruling, U.S. District Judge Lisa Godbey Wood said CMS’ decision was “arbitrary and capricious.”