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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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OHIO- Senate Proposal To Change Medicaid Procurement Process Draws Criticism

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Ohio lawmakers are working to ensure local plans win government bids.

 
 

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 state has selected six managed care organizations to carry out Medicaid services, amounting to a $20 billion contract, but a provision in the Senate’s budget proposal would stop that procurement process and require the state to consider other measures.

The Senate plan would require the state to “significantly take into account” if the managed care organization applying for a contract is based in Ohio.

Other things to take into account, according to the bill language, is the number of jobs created or lost in this state by the award of the contracts; other economic impacts in this state resulting from the award of contracts; and whether the managed care organization has a proven track record of “providing quality services and customer satisfaction.”

Paramount Advantage, based in the Toledo area, was the only current provider not selected for a contract set to begin in 2022.

Critics of the procurement process say there was not enough transparency.

Loren Anthes, policy fellow with The Center for Community Solutions disagrees with that assessment.

“The idea that there’s a lack of transparency, after the dozens of hearings I’ve been to, the dozens of meetings I saw, the fact that the state has a website with all this material, is at least misleading, at most it’s manipulative,” Anthes says.

Anthes says the state used a thorough process to determine which companies provide the best coverage and the Senate’s amendment threatens to lower that bar.

 
 

Clipped from: https://www.statenews.org/post/senate-proposal-change-medicaid-procurement-process-draws-criticism

 
 

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OHIO- Gift cards offered as incentive for people on Medicaid to get COVID-19 vaccine

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MCOs now offer $50 gift cards to increase vax rates among Ohio Medicaid 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.

 
 

 
 

 
 

Some people visiting Butler County health clinics on Wednesday got a surprise: $50 gift cards for getting the COVID-19 vaccine.

“We’re willing to do whatever we can that’s legal and within reason to get people vaccinated so that this pandemic can be behind us,” said health commissioner Jenny Bailer of the Butler County General Health District.

The incentive is for patients on Medicaid, and it’s part of an effort to get more people vaccinated. According to Ohio’s five managed-care providers, people on Medicaid are vaccinated at lower rates than the rest of the population. Bailer said that this type of benefit isn’t easy to offer, so she was glad that the program was able to get off the ground.

“We’ve kicked around the incentive program in a lot of different ways,” Bailer said “There are a lot of barriers to implementing incentives, so we felt really happy that this one came through for us and we were able to do this with Medicaid.”

Another major motivation for getting the gift card reward to vaccine recipients was the slowdown in people showing up at vaccine clinics. Bailer said earlier this year Butler County was up to 33 different drive-through clinics; when they put out a call on Facebook, about 2,000 cars would show up. Things are much different now.

“Most of the people who really wanted to get vaccinated have gotten vaccinated,” Bailer said. “So now we’re reaching out to those who are a little bit harder to reach, maybe don’t have transportation, maybe they’re a little hesitant and they want to do a little education and think about it first.”

Emily King, a cashier at Dollar Tree, heard about the payout and was happy to have the convenience of a walk-in clinic Wednesday to get her first dose of the vaccine.

“I’ve been needing to get it for quite some time,” King said. “I thought, ‘Well, this is really close to where I live. I might as well get it done.'”

Fifteen-year-old Morgan Sloan was waiting to get the vaccine until she became eligible. She’s said she’s been living with extra caution and still masking and socially distancing herself from others.

“I kind of woke up and my mom said, ‘You’re getting your vaccine today,’ and I said, ‘OK, great, let’s go,'” she said. “I just feel safer being out in public, being around people.”

Kathy Eatmon of CareSource, one of Ohio’s managed care organizations, said in addition to the $50 gift card incentive, people are being assisted in registering for Ohio’s Vax-a-Million drawing. And for added motivation, the $50 gift card isn’t just for the first dose — it can be given for both doses of COVID-19 vaccine. Eatmon said she hopes that word of mouth will help drive more people to show up for the clinics.

“I always tell them to tell a friend,” she said. “If you know a friend who hasn’t received that vaccine, go ahead and tell them to come on out today.”

 
 

Clipped from: https://www.wcpo.com/news/coronavirus/covid-vaccine/gift-cards-offered-as-incentive-for-people-on-medicaid-to-get-covid-19-vaccine

 
 

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Fate of Medicaid privatized managed care uncertain after Oklahoma Supreme Court ruling

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The OK Supreme Court decision included a dissenting opinion that noted the legislature actually approved the move to managed care with the “guardrails” bill it passed when it thought it had to do managed care.

 
 

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 Oklahoma Supreme Court in a recent 6-3 decision invalidated the more than $2 billion in contracts the state’s Medicaid agency, the Oklahoma Health Care Authority, signed with companies.

John Clanton, Tulsa World file

OKLAHOMA CITY — The fate of privatized managed care for Medicaid patients in Oklahoma remains up in the air.

The Oklahoma Supreme Court in a recent 6-3 decision invalidated the more than $2 billion in contracts the state’s Medicaid agency, the Oklahoma Health Care Authority, signed with companies.

The state’s high court, among other things, ruled the agency did not have legislative approval or promulgate rules.

But of note is a dissenting opinion, by Justice James R. Winchester, that said the Legislature’s passage of Senate Bill 131 resolves the legal question because it authorized it.

Justices Dustin Rowe and John Kane IV joined the dissent, saying they would seek plaintiffs to show why the matter is not moot in light of Senate Bill 131 becoming law.

Senate Bill 131 became law without Gov. Kevin Stitt’s signature, who criticized it in his veto message.

“I appreciate the Legislature’s recognition that managed care is the best path forward for our state via the authority of the Oklahoma Health Care Authority retains,” Stitt said in allowing it to become law without his signature. “However, I have concerns that SB 131 will likely increase costs and limit our ability to improve health outcomes comparted to the original plan I proposed and this bill could also make it more difficult to detect waste, fraud and abuse in our Medicaid system.”

The measure put guardrails in place for managed care.

Sen. Greg McCortney, R-Ada, and Rep. Marcus McEntire, R-Duncan, were the authors of the measure. Both opposed the version of managed care put forward by Stitt.

“I believe what the governor will do is probably use Winchester’s dissenting opinion for a springboard for his next move,” McEntire said. “I think the Oklahoma Health Care Authority will most likely go back in and quickly promulgate emergency rules and try to rebid those requests for proposals.”

Winchester is married to Susan Winchester, a former Republican House member Stitt recently named as Secretary of Licensing and Regulation.

“The concern with that is the Oklahoma Health Care Authority still doesn’t have the legislative authority to do that,” McEntire said.

If McEntire is correct, he said the issue will likely wind up back in court. He said he wouldn’t be surprised to see the petitioners, several health care organizations that brought the suit, seeking an injunction to get it stopped.

The Oklahoma Health Care Authority referred questions about the matter to Stitt’s office, which shifted inquiries about it to the agency and a statement Stitt issued earlier.

“The Supreme Court’s ruling will unnecessarily delay Oklahoma’s efforts to improve health outcomes through managed care, which the Legislature confirmed is the right path forward for our state through Senate Bill 131,” Stitt said. “I will continue to work with the Oklahoma Health Care Authority to determine the next steps in the process.”

McCortney said the ball is in Stitt’s court, but his statement implies Senate Bill 131 gives him the authority to implement managed care, which is the furthest thing from what the Legislature intended.

Senate Appropriations Chairman Roger Thompson, R-Okemah, said getting managed care passed through the Legislature would be difficult.

McEntire said he was pleasantly surprised by the ruling.

“I believe this battle is far from over,” McEntire said.

Supporters of managed care believe it will create better health outcomes.

Critics say it will reduce rates for providers and create a shortage limiting access, especially in rural areas.

Plaintiffs in the suit were the Oklahoma State Medical Association; Oklahoma Dental Association; Oklahoma Osteopathic Association; Oklahoma Society of Anesthesiologists; and Oklahoma Chapter of the American Academy of Pediatrics.

Kevin Corbett, Oklahoma Health Care Authority CEO, and the agency were defendants.

 
 

Clipped from: https://www.kpvi.com/news/national_news/fate-of-medicaid-privatized-managed-care-uncertain-after-oklahoma-supreme-court-ruling/article_2ec7c4fb-dcc4-51c3-9bc1-35cbf20af7ec.html

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Vaya, Cardinal merge to take on Medicaid transformation

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The consolidation of North Carolina behavioral health providers continues in advance of the tailored plan launch next year.

 
 

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.

 
 

Two of North Carolina’s largest managed care organizations recently announced they will consolidate in preparation for the state’s transformation to Medicaid managed care. 

Vaya Health and Cardinal Innovations have already begun transition efforts, with Vaya assuming responsibility for coordinating services and supports for Cardinal Innovations members once consolidated. Together, the organizations will work toward a seamless transition focused on integrated, compassionate care for individuals with mental illness, substance use disorders and/or intellectual and developmental disabilities.

Vaya Health currently manages services for individuals in 22 counties in Western North Carolina. If approved by the N.C. Department of Health and Human Services and county representatives, the consolidation will expand Vaya’s operations to encompass benefits for the individuals and counties served by Cardinal Innovations. The proposed consolidation marks the fourth such endeavor for Vaya, having successfully led previous mergers with New River Behavioral Healthcare in 2007, Foothills Area MH/DD/SA Authority in 2008 and Western Highlands Network in 2013.

Vaya’s experience with transitioning members through consolidation efforts will be especially beneficial as the state’s public health care system is undergoing a significant shift. The first phase of N.C. Medicaid Transformation will launch on July 1, 2021, with five commercial health plans poised to manage integrated health benefits for the majority of Medicaid enrollees. 

 
 

As part of the second phase of transformation to BH and I/DD Tailored Plans, which are expected to launch in July 2022, Vaya and Cardinal Innovations have been preparing to evolve their operations to offer fully integrated care for people with a serious mental illness, a serious emotional disturbance, a severe substance use disorder, an intellectual/developmental disability or a traumatic brain injury.

According to a press release, the consolidation of the two organizations will enable a stronger health plan to serve individuals who receive care through North Carolina’s public health care system. It will also bring needed stability to members in counties served by Cardinal Innovations. 

“We believe that when we work together to meet the needs of our communities, we all benefit,” said Brian Ingraham, Vaya Health President & CEO. “Our number one priority throughout this transition will be to support members, providers and counties and avoid any disruption in care. We remain committed to offering a successful public service option as a Tailored Plan. It is a privilege to have the opportunity to strengthen the public model, support our county partners and serve even more North Carolinians on their journey toward health and wellness.”

“The passion and commitment of Vaya staff in serving our members and communities is beyond compare,” said Rick French, Vaya Health Board Chair. “The Board of Directors is pleased to expand that work to ensure Cardinal Innovations health plan members continue to receive quality services and supports.”

“We believe in our mission to improve the health and wellness of our members and their families,” said Trey Sutten, Cardinal Innovations CEO. “It has become increasingly clear that in order to deliver on that mission, we need to consolidate with a strong organization that has a history of meeting member and community needs and can stabilize the disruption caused by Medicaid Transformation and county realignments. I have known Brian and the Vaya team for years, and know that our members, providers and communities are in the best possible hands.”

Leadership for the two organizations will be working closely with DHHS as well as local and state government representatives to ensure a successful transition. The boards for each organization will establish a joint steering committee to guide the development of a transition plan that puts member, provider and county needs at the forefront of planning efforts. 

Vaya leadership will be visiting with each county to hear their concerns and learn about the unique needs of each community. Consolidation of the two entities under Vaya Health leadership is expected to be completed by June 30, 2022.

 
 

Clipped from: https://smokymountainnews.com/news/item/31531-vaya-cardinal-merge-to-take-on-medicaid-transformation

 
 

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CareSource adds cash to its vaccination incentives for Indiana Medicaid members

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MCOs are offering incentives for members to get their second dose.

 
 

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.

 
 

Dayton, Ohio-based health plan CareSource will pay Medicaid members in its Indiana market $20 to become fully vaccinated. 

The additional benefit is intended to curb the decline in Indiana’s vaccination rates, according to a June 1 news release shared with Becker’s.

“We’ve seen a slight decrease in the average number of second dose vaccinations administered in the state, per the Indiana State Department of Health, with Hoosiers neglecting to complete their vaccination schedule and receive the second dose,” said CareSource Indiana President Steve Smitherman in the statement.

Other vaccination benefits from the health plan include transportation to and from vaccination appointments, the news release said.

 
 

12:41 PM

Clipped from: https://www.beckershospitalreview.com/payer-issues/caresource-adds-cash-to-its-vaccination-incentives-for-indiana-medicaid-members.html

 
 

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Ohio Senate wants a redo of Medicaid managed care contracts

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Local, losing bidders (Paramount/Promedica) in the OH MCO awards have successfully enlisted legislators to undo the recent awards.

 
 

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.

 
 

 
 

After a more-than-two-year effort to overhaul Ohio‘s Medicaid managed care system, state senators are asking for what could amount to a redo of the whole thing.

The state in April had finally chosen six companies to handle the governmental health insurance for more than 3 million low-income or disabled residents. But it’s run into hiccups, with at least two of the companies who lost out on contracts filing complaints against the Ohio Department of Medicaid.

Those complaints have turned into legislative action.

Senate Republicans on Tuesday inserted language into the state budget bill requiring the state to complete a new procurement process with a few new rules. The move comes just months after those $20 billion awardees were determined, potentially the largest contract in state government history.

“A couple of the Ohio companies, who for many years have been providing this service, and of course their employees and everyone else are here in Ohio, those folks were concerned what the process was and how it went forward,” said Senate President Matt Huffman, R-Lima. 

Pete LuPiba, spokesperson for the Ohio Office of Budget and Management, defended the administration’s handling of procurement, saying it has had extensive public outreach and has been transparent.

“We will continue to work with the General Assembly on Medicaid as part of the budget process,” he said. “It would be unfortunate to lose the momentum that we have to transform Ohio’s Medicaid at this late stage in the process.”

Preference for Ohio-based companies

The budget language stipulates that contracts with Medicaid managed care organizations have to include those based in Ohio, and so do parent companies. 

The proposed requirement echoes a complaint filed by Paramount Advantage, owned by Toledo-based ProMedica, the only current Medicaid managed-care contractor that lost out on a contract. A question as to whether it played a role in requesting the legislation was ignored.

“Out-of-state, for-profit, multi-billion-dollar Fortune 500 companies appear to have been favored over mission-driven, not-for-profit managed care organizations headquartered in Ohio,” the company said in a statement to the USA TODAY Network Ohio Bureau. “We are encouraged that it appears our state lawmakers understand the importance of the issue and the need to protect Ohio jobs from being lost.”

ProMedica called the bidding process “systemically flawed and unfair” and said it was grateful that lawmakers were trying to ensure a fairer method.

The one other major Ohio company, Dayton-based CareSource, said through a spokesperson it did not request that preference language. CareSource was able to get a contract.  

If that component stays in the budget and becomes law, the consequences would be “disastrous,” said Loren Anthes, who chairs the Center for Community Solutions‘ Center for Medicaid Policy.     

For one, he isn’t a fan of requiring the procurement process be geared toward Ohio-based companies, as it flies in the face of using free-market, competitive principles to get the most efficient health care outcomes.  

“We… are creating a provision that would guarantee direct economic benefit to existing businesses with taxpayer money,” he said. “I’m not saying that if you’re domiciled in Ohio, that you are underperforming, but all I’m saying is that it means that you don’t have as much of an incentive to do better with my money.”

Furthermore, forcing a redo could put in jeopardy other parts of the budget that rely on the current procurement process, such as the entire Medicaid budget, as well as around $416 million in savings from current and previous procurements.   

“If you take a segment out, you pull a piece out of the wrong part of the Jenga stack, it all is going to come tumbling down,” said Anthes. 

Awardees might not be too happy as well to see the promised contracts yanked away, which could result in litigation.

Frustration with the DeWine administration

The motive behind putting this in the budget, however, seems to come more out of frustration with Gov. Mike DeWine’s administration. Lawmakers haven’t been able to get information on why certain parts of the bidding process played out the way it did, said Huffman.

For example, there was one Ohio company that received “0” points on their oral presentation during the bidding process.  

“They gave a presentation, but I’m not sure how you can receive zero. I suppose that happens somewhere,” he said. “Things like that are mystifying when you ask the question, ‘How did someone get a zero? How badly did they do to get a zero?’ And the answer is, ‘We can’t tell you anything, we’re in litigation.’ That’s concerning.”

That’s likely in reference to ongoing lawsuits the state has against at least three of the applicants for Medicaid contracts. The main one against health care company Centene was cited as a reason for putting its bid on hold.     

Huffman said he agreed with arguments that companies shouldn’t get the contracts simply because they’re from Ohio.

“But certainly there should be special preference, as we do in many other situations,” he said. “These are Ohio jobs.”

Nothing is final until after the Ohio House and Senate work out their differences in the budget bill. For now, the Senate is plunging forward on this issue.

“We have to do something. We can’t simply accept that we’re not going to get any information,” said Huffman. “Until this is resolved… until this information is forthcoming… this is what we’re going to do.”

Titus Wu is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

 
 

Clipped from: https://www.dispatch.com/story/news/healthcare/2021/06/03/ohio-senate-wants-redo-who-gets-states-medicaid-money-mike-dewine-budget-paramount-advantage-lawsuit/7504416002/

 
 

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Gov. Stitt’s plan to privatize Medicaid lacks required legislative authorization, Oklahoma Supreme Court says

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A court ruling means the state will now expand Medicaid but under a fee for service model, making this the first example of this combination.

 
 

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.

 
 

OKLAHOMA CITY (KFOR) – The Oklahoma Supreme Court delivered a blow to Gov. Kevin Stitt’s plan to privatize the state’s Medicaid program, ruling in favor of medical associations that challenged the constitutionality of his plan.

Governor Stitt and Oklahoma Health Care Authority announce managed care organizations to assist with Oklahoma Medicaid, despite pushback from lawmakers

The Oklahoma State Medical Association, Oklahoma Dental Association, the Oklahoma Osteopathic Association, the Oklahoma Society of Anesthesiologists, Inc., and Oklahoma Chapter of American Academy of Pediatrics, Inc., challenged the Oklahoma Health Care Authority (OHCA) and the State of Oklahoma’s effort to outsource management of the state’s Medicaid program to for-profit companies, awarding those companies $2.2 billion in contracts.

The Supreme Court ruled in a 6-3 decision that the State and OHCA went beyond their authority by implementing an entirely new capitated managed care program, SoonerSelect, following the passage of State Question 802.

Oklahoma State Medical Association to seek motion for injunction against Gov. Stitt’s Medicaid managed care plan

“In effect, the OHCA moved ahead without the required legislative authorization,” the Supreme Court’s conclusion states.

 
 

Oklahoma Supreme Court

The website OKPolicy.org describes SQ 802 as “an initiative petition that gave Oklahoma voters the chance to expand Medicaid to cover low-income adults in Oklahoma beginning no later than July 1, 2021.” SQ 802 was passed on June 30, 2020.

Oklahoma’s top physician & health groups file motion for injunction against Gov. Stitt’s Medicaid managed care plan

The court determined that SQ 802 does not allow the governor and the OHCA to outsource Oklahoma’s Medicaid program to private insurance companies.

The Supreme Court’s full conclusion is as follows:

“The provisions of SQ 802 in no way authorize this course of action. The OHCA, through an RFP [Request for Proposal] process and competitive bidding, awarded contracts to MCOs [Managed Care Organizations] without legislative authorization or required rules in place. In effect, the OHCA moved ahead without the required legislative authorization. This Court assumes original jurisdiction and grants declaratory relief to the Petitioners. We find the actions of the OHCA are invalid under Oklahoma law. Having determined the Respondents did not have legislative authority to implement the SoonerSelect program, there is no need to issue a writ of Mandamus for OHCA to promulgate any rules. A writ of prohibition is also not appropriate in this matter. In addition, having determined declaratory judgement in favor of the Petitioners, we need not address whether the provisions proposed in the RFPs and model contracts are unconstitutional in and of themselves.”

OKLAHOMA SUPREME COURT

Gov. Stitt criticizes House Public Health Committee’s challenge to his Medicaid privatization effort

 
 

Gov. Kevin Stitt

Stitt announced SoonerSelect, his plan to revamp the state’s Medicaid program, on Jan. 29.

Selected Managed Care Organizations include Blue Cross Blue Shield of Oklahoma, Oklahoma Complete Health, Humana Health Horizons and UnitedHealthcare – each established in the state and serving Oklahomans. Stitt’s office estimates 1,500 new jobs will be created.

Stitt said the new program will improve health care outcomes for Oklahomans.

Oklahoma governor battles with members of own party over Medicaid privatization plan

Physicians across the state and several lawmakers, both Democratic and Republican, opposed privatizing Medicaid, wanting to keep the Medicaid expansion brought on by SQ 802 in the hands of the state.

“The Supreme Court today agreed that the Managed Care contracts were awarded without legislative input and contrary to the plan approved by the voters through State Question 802,” said Lynn Means, executive director, Oklahoma Dental Association. “Medicaid expansion will provide coverage for more than 200,000 of Oklahoma’s most vulnerable citizens. The managed care plan would’ve jeopardized health care for all Oklahomans by driving out providers of general health care, as well as dentists and specialists across the state. This lawsuit was one part of a physician-led effort to ward off privatization to insurance companies and keep Oklahomans in charge of health care in Oklahoma.”

Oklahoma lawmakers seek to put ‘guardrails’ on privatized Medicaid expansion

Stitt was on the cusp of succeeding in privatizing Medicaid, as legislators who opposed the privatization effort instead began focusing last month on putting guardrails on privatization to prevent problems experienced by 42 other states that enacted some form of managed care.

Sen. Greg McCortney, R-Ada, spoke with KFOR on May 19 about rewriting Senate Bill 131 to insert guardrails that would ensure Managed Care Organizations keep up their end of the deal.

Supreme Court Managed Care Decision by KFOR on Scribd

Gov. Stitt released the following statement:

“The Supreme Court’s ruling will unnecessarily delay Oklahoma’s efforts to improve health outcomes through managed care, which the Legislature confirmed is the right path forward for our state through Senate Bill 131. I will continue to work with the Oklahoma Health Care Authority to determine the next steps in the process.”

The Oklahoma Health Care Authority released the following statement:

“Improving health outcomes in Oklahoma will continue to be a top priority for the Oklahoma Health Care Authority. While we are disappointed in the Supreme Court ruling, we respect their decision and continue to focus on providing quality care to the more than one million Oklahomans we serve through SoonerCare. We are excited to welcome our newest population of Oklahomans now eligible for benefits through Medicaid expansion. This will allow us to serve an estimated 200,000 more people who deserve health care benefits.”

 
 

Clipped from: https://kfor.com/news/oklahoma-legislature/gov-stitts-plan-to-privatize-medicaid-lacks-required-legislative-authorization-oklahoma-supreme-court-says/

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Oklahoma Senate want framework for Stitt’s Medicaid managed care

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OK lawmakers have moved forward with efforts to make to violations of MCO contracts a violation of state law.

 
 

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 Oklahoma Senate on Wednesday overwhelmingly approved a bill to add legislative oversight and legal guardrails to Gov. Kevin Stitt’s plan to outsource care for most Medicaid recipients.  

The passage of an updated version of Senate Bill 131 gives opponents of third-party managed care a victory, but perhaps not the victory they wanted.

The latest version of the bill did not include House-approved language that sought to undo Stitt’s plan entirely by requiring the Oklahoma Health Care Authority to better manage Medicaid care in-house, as opposed to relying on four health insurance giants. 

Senate Pro Tem Greg Treat, R-Oklahoma City, called the latest version of SB 131, crafted by Sen. Greg McCortney, R-Ada, a good compromise that left people on both sides of the managed care debate dissatisfied. 

Treat, who voted in favor of SB 131, characterized the decision as a choice between letting the governor’s plan for privatized managed care move forward as is or putting into law some checks on the program, including the possibility for legislative involvement at a later point. 

House version would have created ‘massive bureaucracy,’ senate leader says

The version passed by the House that would have required the Health Care Authority to do in-house managed care, at a cost of $263 million annually, was a nonstarter, he said. 

“When Senate Bill 131 came across the rotunda, it was going to eviscerate the current model that the governor and the Health Care Authority put into place and create a massive bureaucracy at the Health Care Authority,” Treat said.

The most recent version of SB 131 puts into state law much of what the four health insurance companies agreed to through contracts with the Health Care Authority, which oversees the state’s Medicaid program.

The bill would also require the agency to seek legislative approval before expanding the contracts to include more Medicaid recipients. Initially, care for the aged, blind and disabled Medicaid population will remain with the Health Care Authority due to the high costs of care for that group of Medicaid recipients.

A framework is better than nothing, said Rep. Marcus McEntire, who sought to derail the governor’s Medicaid plan, dubbed SoonerSelect. 

Now under SB 131, if a managed care company breaks its contractual obligation to the state, the company will be breaking state law as well, said McEntire, R-Duncan. 

“It’s very disappointing, but it is what it is,” he said. “Sometimes, the chess board is set up before you even get to play.

“We worked too hard this year not to at least get some type of regulatory framework around (third-party managed care).” 

Some opposition from supporters of governor’s plan

Senate Majority Floor Kim David, R-Porter, opposed SB 131. A longtime supporter of privatized managed care, David stood beside the governor as he announced his SoonerSelect plan earlier this year. 

On the Senate floor Wednesday, David argued private companies can provide better care management than the government. 

Calling McCortney’s version of SB 131 “the best of the worst” managed care proposals she’d seen, David insinuated opponents of privatized Medicaid were more concerned about making sure health care providers get paid than improving care for patients. 

“I’ve always believed it’s our job to protect the people that we serve, not protect the people who are paid to put the programs out there on the government dollar,” she said. 

McCortney said he’s optimistic some Medicaid recipients, namely pregnant mothers and children, will see better care coordination and improved health outcomes under privatized managed care. 

But SB 131 allows the legislature to keep a close watch on the program and expand SoonerSelect if outcomes improve or slow down changes if Medicaid deteriorates, he said. 

“Managed care is not this horrible, evil, awful, thing, but it is this really big thing that, in many instances, has been done poorly,” McCortney said. 

With a veto-proof margin, the Senate passed SB 131 on a vote of 39-8. The bill now returns to the House.

Clipped from: https://www.oklahoman.com/story/news/2021/05/20/oklahoma-senate-want-framework-stitts-medicaid-managed-care/5162921001/

Stitt’s office did not respond to a request for comment on the bill. 

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Illinois Medicaid companies made record-breaking profits during pandemic, investigation finds

MM Curator summary

 
 

Early numbers are out for how much MCOs might have to pay back in the IL market due to pandemic-related underutilization.

 
 

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.

 
 

An analysis of quarterly and year-end financial statements of five Illinois Medicaid companies by the Better Government Association revealed an unprecedented increase in profits from April through December of 2020.

Meridian Health Plan of Illinois, IlliniCare Health Plan and Molina Healthcare of Illinois experienced a $282 million increase in profits from the same nine-month period in 2019. 

Blue Cross and Blue Shield of Illinois and Aetna Better Health of Illinois reported large profits on a national scale, though exact numbers from the state level have yet to be determined, according to the Better Government Association’s May 24 report

While the number of Illinois Medicaid members increased due to job loss during the pandemic, most members deferred elective treatment, a scenario that occurred across the country and resulted in larger profits for payers.

A spokesperson for the Illinois Department of Healthcare and Family Services told the Better Government Association earlier this month that “initial incomplete figures indicate HFS would recoup over $120 million” from the insurance firms for the 2020 calendar year. 

“We will recoup more from the health plans than we otherwise would,” she said.

 
 

Clipped from: https://www.beckershospitalreview.com/payer-issues/illinois-medicaid-companies-made-record-breaking-profits-during-pandemic-investigation-finds.html