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Lawsuit challenging Medicaid abortion restrictions in Pennsylvania dismissed

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A judge ruled that Planned Parenthood does not have legal standing in a case that claims women have a right to have Medicaid pay for their 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.

 
 

 
 

A general view of the Pennsylvania Judicial Center, home to the Commonwealth Court, is seen Friday, Nov. 6, 2020, in Harrisburg, Pa.

Julio Cortez / AP Photo

(The Center Square) – A state judge dismissed a lawsuit on Friday that challenged the constitutionality of Pennsylvania’s restrictions on Medicaid coverage for abortions.

Commonwealth Court President Judge Mary Hannah Leavitt said the petitioners – including seven reproductive health care centers that provide 95% of abortions across the state – lack standing because she “can ascertain no reason, and none is alleged, why women enrolled in Medical Assistance cannot assert the constitutional claims raised in the petition for review on their own behalf.”

Attorneys for Allegheny Reproductive Health Center, Allentown Women’s Center, Delaware County Women’s Center, Philadelphia Women’s Center, Planned Parenthood Keystone, Planned Parenthood Southeastern Pennsylvania and Planned Parenthood of Western Pennsylvania filed the legal challenge against state officials at the Department of Human Services in January 2019 that claimed Medicaid’s restrictive policies for covering abortions violated their patients’ constitutional rights.

Pennsylvania’s Medicaid program only pays for an abortion if it is the result of rape or incest or if it endangers the mother’s life. The reproductive centers said this narrow view left many women to choose between the “essentials of life” or paying for abortion, with many “forced to carry pregnancies to term against their will.”

The centers also complained that the restrictive Medicaid parameters diverted time and resources away from its other programs to help women find ways to afford the procedure.

The state asked for a dismissal based on the centers’ lack of standing – a position with which Leavitt ultimately agreed.

“We conclude that Reproductive Health Centers do not have standing to vindicate the constitutional rights of all women on Medical Assistance, some of whom may not be their patients, and who may or may not agree with the claims asserted on their behalf in the petition for review,” Leavitt wrote. “The interests of Reproductive Health Centers are not inextricably bound up with the equal protection interests of all women enrolled in Medical Assistance.”

House Republican leaders released a joint statement Friday applauding the ruling as “consistent” with their position, as well as state and federal law, that conclude “public funds cannot fund abortions.”

“We applaud the Commonwealth Court for making the right decision and not taking an action to rewrite existing law,” the statement read. “This case was brought forward by Planned Parenthood and other abortion providers who want to make abortions more prevalent in our communities. This ruling in our favor is a victory for all pro-life Pennsylvanians.”

The Center Square reached out to Planned Parenthood Keystone but did not receive an immediate response. The reproductive centers could still choose to appeal the case to the state Supreme Court.

 
 

Clipped from: https://www.kpvi.com/news/national_news/lawsuit-challenging-medicaid-abortion-restrictions-in-pennsylvania-dismissed/article_bfe9b20c-06d2-59cf-b68d-4d2177b468f0.html

 
 

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House proposal would slice Medicaid reimbursements for nursing homes, hospitals

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Florida lawmakers have proposed a 2% cut to nursing home payments as part of efforts to control Medicaid costs.

 
 

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.

 
 

by: Christine Sexton

News Service of Florida

A top priority of Florida House Speaker Chris Sprowls to extend the length of time that women with newborns can receive Medicaid benefits might be coming at the expense of nursing homes and hospitals.

The House on March 25 rolled out a health care spending proposal that includes deep cuts, including slicing Medicaid reimbursements to nursing homes by 2%, or $80.4 million in state and federal funding.

The proposal, unveiled by House Health Care Appropriations Chairman Bryan Avila, R-Miami Springs, for the upcoming 2021-2022 fiscal year would spend less than what the Senate has proposed.

Florida Health Care Association President Emmett Reed said the proposed Medicaid cuts to nursing homes would translate to about a $125,000 reduction in payments per facility per year.

“With Florida’s growing older population, it’s critical that our nursing centers have the resources they need to recover from the pandemic, strengthen their workforce, upgrade their aging physical structures and continue implementing solutions to ensure seniors have access to high-quality long-term care,” Reed, whose association is the state’s largest nursing-home industry group, said in a statement.

Similar to the Senate proposal, which was released Wednesday, the House health-care plan recommended reducing Medicaid payments for inpatient and outpatient hospital care by $288 million.

Moreover, the House plan proposes eliminating $226 million from what the Safety Net Hospital Alliance of Florida calls the “critical care fund.” The fund is used to offer enhanced Medicaid payments to 28 hospitals that provide the largest amounts of charity care in the state, according to the industry group.

In all, the House proposed spending roughly $42.1 billion across the state’s six health care-related agencies. By contrast the Senate released a $42.3 billion proposal. The proposals are an early step that will ultimately be part of House and Senate leaders negotiating a final budget for the fiscal year that starts July 1.

Florida Hospital Association President and CEO Mary Mayhew, in a statement, called the House’s proposed reductions to hospitals “a gut punch to the doctors, nurses and health care heroes who risked their lives responding to this (COVID-19) crisis. It is simply beyond belief that during a public health emergency, some state lawmakers chose to balance the budget by cutting funding that serves the elderly, disabled and most vulnerable families in our state.”

Mayhew in her statement called on legislative leaders to “use a small portion” of $10 billion in federal COVID-19 relief money that is expected to soon flow to the state “to help Florida hospitals and the patients they serve.”

The proposed health-care budget released Wednesday by Senate Health and Human Services Appropriations Chairman Sen. Aaron Bean, R-Fernandina Beach, also calls for steep reductions to hospitals, though they would be less than what the House is seeking.

The Senate proposal would reduce hospital inpatient and outpatient Medicaid rates by $251.2 million. Also, the Senate would reduce the “critical care fund” by $77.3 million, compared to the House’s proposed $226 million reduction.

Unlike the House, the Senate proposal wouldn’t cut funding for nursing homes.

Among the similarities in the budgets, the House and Senate propose eliminating over-the-counter drug benefits for adults on Medicaid, which would lead to a $22.6 million reduction.

Both chambers also agree the state should increase Medicaid reimbursement rates for institutions that care for people with intellectual and developmental disabilities. But they don’t agree on the amount. The House has proposed increasing the rates by $12.1 million in overall funds, while the Senate has proposed a $36.6 million increase.

Jointly funded by the state and federal governments, Medicaid is a safety net program that provides health coverage to poor, elderly and disabled residents. Enrollment in Florida’s Medicaid program stands at more than 4.5 million people, an increase of more than 730,000 people in the past year since the COVID-19 pandemic hit the state.

While the House budget includes cuts for hospitals and nursing homes, it also includes funding for an initiative by Sprowls, R-Palm Harbor, to allow postpartum women to continue to receive Medicaid benefits for a full year following delivery of babies.

To fund the extension would cost nearly $240 million, the majority of which would come from federal Medicaid matching funds. But to pull down those federal Medicaid dollars, the House proposes investing nearly $93 million in state dollars. 

Reducing nursing home reimbursements by 2 percent “saves” about $31.1 million in state dollars, about one-third the amount the House needs to fund the extension for postpartum women.

In announcing his support for the extension, Sprowls said postpartum women and their babies are some of the most vulnerable people in the state.

“No matter where you go in this state, no matter what organization you are or what school or what community center, when you ask people who are our most vulnerable population, the common themes that everyone — without exception — will mention are new moms and their babies,” Sprowls said.

AARP Florida Associate State Director Zayne Smith had not analyzed both chambers’ budgets Thursday. But she told The News Service of Florida that nothing good comes from pitting one group against another.

“All groups (of Medicaid recipients) are vulnerable, quite honestly,” she said. “I don’t think you can pit one group against another. It’s a lose- lose scenario.”

 
 

Clipped from: https://www.palmcoastobserver.com/article/house-proposal-would-slice-medicaid-reimbursements-for-nursing-homes-hospitals

 
 

 
 

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AR- Medicaid bill moved to House; sponsors optimistic after committee vote backs measure

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Legislation to refashion Arkansas’s exchange-subsidy-based Medicaid expansion program is moving forward.

 
 

 
 

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 retooling of Arkansas’ private-option Medicaid expansion program was sent by a committee to the House floor Tuesday, setting the legislation up for a potential final vote as early as next week.

Senate Bill 410, dubbed the “Arkansas Health and Opportunity for Me Act,” proposes to scrap the work requirement established by Gov. Asa Hutchinson and lawmakers in 2017 and replace it with a new system that incentivizes work and education with access to government-subsidized private health plans.

The plan would require a new federal waiver from President Joe Biden’s administration in addition to approval from state lawmakers. Hutchinson expressed his support for SB410 at a rollout last month.

The sponsors of the legislation said Tuesday that the bill appeared to have a favorable path forward after clearing the House Public Health, Welfare and Labor Committee, where lawmakers favorable to other Medicaid models grilled the sponsors and Department of Human Services Secretary Cindy Gillespie.

“I think this was the biggest hurdle that we had,” said Rep. Michelle Gray, R-Melbourne, the House sponsor of SB410.

After several hours of debate that stretched into the evening, the committee voted 11-7 to send the bill to the House. Gray said a floor vote was expected Monday.

 
 

One of the opponents of the bill, Rep. Josh Miller, R-Heber Springs, argued that the proposed program would continue a practice of rewarding poor people who do not work with higher-quality private insurance plans, while medically frail Arkansans are kept on a traditional Medicaid fee-for-service model. Miller has proposed alternative legislation that would move all of the state’s Medicaid recipients to fee-for-service.

“We have a two-tiered system in our Medicaid program right now,” Miller said. “And it’s just going to get worse if we keep this private-option, private insurance model in place.”

Under SB410, low-income Arkansans who qualify for Medicaid expansion would be eligible for subsidized private health care plans if they meet criteria for work and education set by the Human Services Department, or by participating in certain programs tailored toward their health needs, such as prenatal checkups for pregnant women. Enrollees who fail to meet the requirements could be moved off the private plans to a fee-for-service model.

Eligibility for the Medicaid expansion program is set at 138% of the federal poverty level, which is $17,774 for a single adult or $36,570 for a family of four. More than 300,000 Arkansans are enrolled in the program, according to the Human Services Department.

Proponents of the fee-for-service model argue that it would cost the state less money to operate, saving about $180 million over five years, according to Human Services Department estimates.

Gillespie and the bill’s sponsors, however, said those same projections estimate that a fee-for-service model would also reduce federal spending on Arkansas’ Medicaid expansion program by $3 billion over five years, taking with it $310 million in state and local tax revenue, more than enough to offset savings.

The higher costs of the private health care plans also help prop up hospitals and medical providers in the state by reimbursing them at higher rates than traditional Medicaid.

“I can promise you, my hospital in Izard County — it’s on the brink of closing anyhow — will close” if the private-option is ended, Gray said.

Gillespie said that other proposed revisions to the program, such as requiring enrollees earning over the federal poverty level to participate in cost-sharing plans, are aimed at making people who benefit from the program more accountable for their health and economic well-being.

“The program’s been around now for seven years,” Gillespie said.

“It is very much a part of the health care infrastructure and the financial infrastructure of this state. … We’ve really been working on how do we take this and use this now to drive health improvement.”

SB410 did not draw opposition from any of the House Public Health committee’s Democrats on Tuesday. Democrats had traditionally supported the Medicaid expansion program, which was started under then-Gov. Mike Beebe, a Democrat, in 2013.

Under Hutchinson and the Republican-dominated legislature, Arkansas sought and received approval from then-President Donald Trump’s administration to add a work requirement to the Medicaid expansion program in 2017. That requirement was later struck down by the courts.

Biden’s administration, however, has signaled to the states that it will not permit traditional work requirements such as those sought by Arkansas.

 
 

Clipped from: https://www.nwaonline.com/news/2021/mar/24/medicaid-bill-moved-to-house/

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Missouri Medicaid in limbo as funding bill pulled

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Another state is concerned over funding abortion via its Medicaid program.

 
 

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.

By Rudi Keller Missouri Independent

March 25, 2021 05:00 AM

Missouri Senate leadership pulled a bill vital for funding the state’s Medicaid program from floor debate Tuesday after adopting an amendment barring the use of public money for common contraceptive treatments.

The amendment, sponsored by Republican Sen. Paul Wieland, could endanger the state’s entire Medicaid program by eliminating a health care service required by federal law, said Senate Minority Leader John Rizzo, D-Independence.

“I would say on its face that is why the bill got laid over immediately and the panic button was hit because it put us out of compliance in those regards,” Rizzo said.

Wieland said in an interview that he doesn’t intend to dismantle the Medicaid program. But he wants to extend a current ban on using public funds for abortions.

“My intent was not to deny Medicaid recipients birth control,” Wieland said. “My intent was to prevent the state of Missouri from paying for abortions.”

Missouri uses a tax on hospitals, nursing homes, pharmacies and other medical providers to support the medical program for lower-income residents. Called a reimbursement allowance, the taxes are the major reason the state paid only 18.2 percent of the program’s $10.8 billion cost from general revenue in fiscal 2020.

The bill before the Senate, sponsored by Senate Appropriations Committee Chairman Dan Hegeman, R-Cosby, would extend the expiration date of the taxes for one year. The bill is must-pass legislation for balancing the state budget.

Wieland’s amendment would bar the use of Medicaid funds for any FDA-approved medication or device that would cause “destruction of, or prevent the implantation of” a fertilized ovum. Those products include levonorgestrel, commonly called the “morning after” pill and some intrauterine devices, or IUDs, that contain copper.

When Wieland offered his amendment, Hegeman said he didn’t like it but wouldn’t fight it.

“I would like to keep this bill as clean as possible but I respect your passion for what you are interested in here,” Hegeman said during floor debate. “I would like for this not to be on the bill.”

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There was little other discussion and the amendment passed on a 21-12 vote, with Hegeman and Sen. Lincoln Hough, R-Springfield, joining all 10 Democrats in opposition. The bill was immediately set aside after the vote.

The impact of Wieland’s amendment was being studied Wednesday afternoon, Hegeman said. He added that he doesn’t know if keeping it in the bill would put the Medicaid program in danger.

“That’s what we are pondering,” he said. “We need to figure out the implications of the amendment and we have not completed that analysis.”

Wieland said he was surprised his amendment passed with no supporters of abortion rights challenging it.

“I think that people were caught off guard that it went on as easily as it did,” he said.

The Affordable Care Act, passed in 2010, made birth control an essential health benefit that all insurance plans must provide. Every state Medicaid program must provide the same set of health benefits and failure to do so puts the state out of compliance with federal law.

But federal law also bars the use of federal Medicaid funds to pay for abortions and Missouri law mirrors that limitation. Wieland said his amendment just emphasizes that the prohibition also covers any method that prevents implantation of a fertilized egg in the uterus, which he said is a human life deserving of protection.

“If a device that’s been approved by the FDA kills a human life, that is an abortion,” Wieland said. “I don’t know why the rest of the world doesn’t see it that way.”

A lobbyist who helped work on the language, Sam Lee of Campaign Life Missouri, said he doesn’t think the impact of the amendment on the state’s Medicaid program will be as dire as feared. If the amendment, or some version, is approved, it will likely end up in court, Lee said.

With strong anti-abortion sentiment dominating the legislature for decades, every significant step taken to limit access or funding has been challenged in court. In June, for example, the Missouri Supreme Court ruled that lawmakers could not bar Planned Parenthood from being a Medicaid provider just because some of its clinics offer abortions.

Arguing that Missouri would lose federal support for all Medicaid services because of a law banning the program from paying for a particular class of products is extreme, Lee said.

“I don’t see it as a choice of one or the other, either you have the program as it is or you don’t have it at all,” Lee said.

The reimbursement allowance bill is not the place to have the debate, Rizzo said.

“We need to stay tight to the boundaries to make sure we are not compromising that funding,” he said.

The fight over contraceptive care is not new for Wieland. In 2016, he won a lawsuit arguing that he did not have to accept or pay for contraceptive coverage in the state’s health insurance plan for employees.

“It is a false choice to me to say we are going to sacrifice unborn children to provide health care to other people,” Wieland said.

The budget must be passed by May 7.

This story was produced by the Missouri Independent, a nonpartisan, nonprofit news organization covering state government, politics and policy.

 
 

Clipped from: https://www.kansascity.com/news/politics-government/article250188705.html

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TX- Effort to extend Medicaid coverage for new mothers emerges in Texas Legislature

 
 

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Texas says yes to more federal funds to improve maternal health.

 
 

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.

New mothers in Texas are currently only eligible for Medicaid coverage for up to two months after child birth. According to Rep. Toni Rose, this isn’t nearly enough to protect Texas mothers from a wide array of post-pregnancy health issues. She is sponsoring HB 133 to extend this 60-day period to at at least 12 months.

 She spoke about her bill at Tuesday’s meeting of the House Human Services Committee:

“Access to medical counseling and resources would save lives if available to poor mothers whose safety net disappears 60 days after delivery, despite the fact that medical experts say new mothers are at risk of suffering psychological and medical setbacks for a year or more.”

Rose said 31% of pregnancy-related deaths occur 43 days to one year after childbirth. Mental disorders — including substance abuse disorders — is the leading underlying cause of death for mothers during this period. According to Rose, over 90% of these deaths were preventable.

The U.S. has the highest maternal mortality rate of any developed country.

“The majority of maternal deaths in 2013 were women who were previously enrolled in the Medicaid program, but could not receive the necessary postpartum services at the end of their 60-day extension.”

Mothers can suffer from post-partum depression, premature deaths and even suicide in the months after giving birth. Heart conditions, excessive bleeding, various infections and strokes can also occur following childbirth. As Rose points out, many of these complications can occur after Medicaid’s 2-month coverage period.

Source: Medical Journal of Obstetrics and Gynecology

Dr. Lisa Hollier, chief medical officer for Texas Children’s Health Plan and chair of the Texas Maternal Mortality and Morbidity Review Committee, testified in support of the bill on behalf of various supporting organizations including the Texas Medical Association:

“In our December 2020 report, the Texas Maternal Mortality and Morbidity Review Committee noted that 31% of reviewed pregnancy-related deaths in 2013 occurred after 43 days following the end of pregnancy. Deaths due to cardiovascular and coronary conditions, cardiomyopathy and mental disorders were more likely to occur between 43 days and 1 year.”

Adriana Kohler, policy director for Texans Care for Children, also testified in support, highlighting the severity of maternal morbidities:

“Maternal deaths are just the tip of the iceberg. Many more Texas moms face complications in the year after pregnancy, like cardiac arrest, infection, postpartum depression and extreme blood loss or hemorrhage. These issues can lead to scary and expensive hospital stays, extra procedures and long-term health issues for moms.”

 
 

Clipped from: https://stateofreform.com/featured/2021/03/effort-to-extend-medicaid-coverage-for-new-mothers-emerges-in-texas-legislature/

 
 

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13 indicted in alleged Medicaid fraud scheme

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The fraudsters submitted false claims for $5.4M in interpreter services in Minnesota.

 
 

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.

 
 

Thirteen mental health practitioners and interpreters were charged in an alleged multimillion-dollar Medicaid fraud scheme, the Department of Justice said March 18.

Two separate indictments accuse the 13 defendants of defrauding Medicaid by submitting false claims through their employers for services that were purportedly given to Medicaid patients. However, the mental health services and interpretation services were never given, the Justice Department alleges.

According to the indictments, some participants took part in the scheme for nearly three years. In total, the defendants, who were affiliated with Minnesota-based patient services company Live Better, defrauded Medicaid more than $5.4 million, according to the Justice Department.

 
 

Clipped from: https://www.beckershospitalreview.com/legal-regulatory-issues/13-indicted-in-alleged-medicaid-fraud-scheme.html

 
 

 
 

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Gov. Cox names Interim Medicaid Director

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Utah has a new interim Medicaid Director.

 
 

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.

 
 

Utah Department of Health | Mar 17, 2021

The Utah Department of Health (UDOH) today announced Gov. Spencer Cox has appointed Emma Chacon as the Interim State Medicaid Director.

Chacon will be replacing Nathan Checketts who has served as Medicaid director for the past five years. In addition to overseeing the Medicaid program, Checketts also served as the deputy director of the UDOH. Checketts will be joining the Utah Department of Human Services (DHS) as a deputy director.

Chacon brings years of public service experience, having served as Medicaid deputy director and operations director, as well as other positions within the agency since 2005. Prior to her service within Medicaid, Chacon was the director of the Office of Recovery Services for 12 years, in addition to nearly 25 years at DHS.

“As Medicaid director, Nate Checketts worked tirelessly to ensure Utah’s most vulnerable populations remained the focus of the Medicaid program, while still being a good steward of funds provided by the taxpayer,” said Rich Saunders, executive director of the UDOH. “We are fortunate to have Emma Chacon continue to lead such a complex program with her expertise and dedication. Medicaid will continue to be in good hands, especially under the current pandemic circumstances.”

Medicaid is one of the largest programs in state government and contributes significantly to the financing of Utah’s health care system. Medicaid has an operating budget of more than $4.5 billion, and through its many programs provides more than 410,000 Utahns access to health care every year.

This press release was provided by the Utah Department of Health.

 
 

Clipped from: https://stateofreform.com/featured/2021/03/gov-cox-names-interim-medicaid-director/

 
 

 
 

 

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Medicaid expansion amendment dies in Kansas Senate

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The fight over expansion in KS now is tied to potential tax-payer funding for abortion.

 
 

 
 

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.

 
 

 
 

 
 

 
 

(WIBW)

TOPEKA, Kan. (WIBW) – Kansas Senate Republicans and Democrats battled over a Medicaid expansion amendment on Wednesday evening.

The Kansas Senate Republicans say they preserved Medicaid for Kansans that need it by rejecting an amendment by Democrats to alter the program. They said in doing so, they also prevented taxpayer-funded abortions.

According to the Senate Republicans, Democrats brought an amendment to SB 238, which handles community behavioral health clinics, that would expand Medicaid to include able-bodied, working-age adults.

“It is critically important to preserve Medicaid for the vulnerable Kansans for whom it was intended such as the elderly, the disabled, and other vulnerable communities,” said Senate President Ty Masterson (R-16th District). “Expanding Medicaid to include able-bodied adults would force tens of thousands of Kansans off their insurance and further destroy the private market, which as already been damaged by ObamaCare. The best way to improve access to health care is to create more choices for Kansans by removing barriers to competition and removing the regulations that drive up the cost of health care.”

Masterson said the rejection of the amendment also ensured taxpayers do not have to fund abortions.

Due to the Hodes decision, taxpayer-funded abortion would assuredly be a devastating consequence of expanding Medicaid,” said Masterson. “Senate Republicans made it clear today that we side with Kansans who do not want their hard-earned money going to fund abortion.”

However, Senate Democrats said the move would have helped low-income working families during the COVID-19 pandemic. It said the move would have also expanded Medicaid for 165,000 Kansans.

“In the midst of the worst public health crisis in a century, Republicans in the Kansas Senate don’t think low-income working families and vulnerable Kansans who have lost their jobs due to the COVID-19 pandemic deserve healthcare,” said Vicki Hiatt, Chairwoman of the Kansas Democratic Party. “Hardworking Kansans have felt the repercussions of Republican inaction and obstructionism on healthcare for years and will continue to do so as Republican legislators voted down an amendment to SB 238 yesterday, which would have expanded Medicaid for 165,000 Kansans.”

Hiatt said Kansas needs Medicaid expansion to overcome the repercussions of the COVID-19 pandemic. She also said the expansion would have enhanced the viability of rural hospitals.

“In contrast, Democratic leaders in the Kansas Senate are championing our state’s need for Medicaid expansion to overcome the economic and public health consequences caused by the COVID-19 pandemic and improve the lives of hardworking Kansans across the Sunflower state,” said Hiatt. “Expanding Medicaid in Kansas would cover 165,000 additional hardworking Kansans, spur economic development and new jobs, provide financial stability to low-income families and enhance the viability of rural hospitals and other healthcare providers.”

For more information, click here.

 
 

Clipped from: https://www.wibw.com/2021/03/04/medicaid-expansion-amendment-dies-in-kansas-senate/

 
 

 
 

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Spending bill for Medicaid expansion raises questions about intent

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MO lawmakers are working to fund expansion costs separately from the normal Medicaid funding 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.

 
 

 
 

 
 

JEFFERSON CITY, Mo. — The $1.6 billion cost of expanding Medicaid to approximately 275,000 uninsured Missourians has been segregated from other spending in the upcoming budget year by moving it into a separate appropriation bill.

The move has Democrats wondering if House Republicans are looking for a way to avoid funding the new health care program and a leading Senate Republican suggesting it may be a path to renewing legal challenges to expansion.

Instead of adding expenses for the newly eligible to individual spending lines in appropriation bills for mental health, senior care, hospitalizations and other services, the bill filed by House Budget Committee Chairman Cody Smith, R-Carthage, would pay for all care needed by the expansion clients.

It appropriates $103.5 million in general revenue, $51.5 million in other state funds and $1.4 billion in federal matching funds to cover the cost.

Smith declined a request from the Independent for an interview and did not provide a promised statement about his bill by publication time.

The ranking Democrat on the budget committee, Rep. Peter Merideth of St. Louis, said he worries that Republicans intend to defeat the appropriation bill.

“I don’t have from the horse’s mouth the reason for it,” Merideth said, “but it does raise a lot of red flags.”

On the Senate side, which is awaiting House action on spending bills, Appropriations Committee Chairman Dan Hegeman, R-Cosby, said the bill could be part of a plan for court action to test the constitutionality of Medicaid expansion.

Hegeman noted that a court ruling on the ballot measure passed by voters in August as Amendment 2 stated that a challenge based on the need to spend money for the extra coverage wasn’t timely until voters had decided.

“That judicial decision allowed it to go on the ballot,” Hegeman noted. “But is there a mandate to fully fund it because of that previous decision? All of this convergence and conflict means there are lots of moving parts.”

August vote

Amendment 2, passed in August, added Missouri to the list of 36 states that have allowed individuals in households with income below 138% of the federal poverty guideline to receive care under the provisions of the Affordable Care Act. The program takes effect July 1, the first day of fiscal 2022.

Republicans in the Legislature have opposed expanding Medicaid since it was first proposed by Gov. Jay Nixon in 2013, arguing that it is too expensive and that the current program costs too much. Advocates have argued that it will add no net costs by combining savings in the current program with additional revenue from the extra medical spending.

Medicaid in Missouri cost $10.8 billion in fiscal 2020, which ended June 30, including $1.98 billion in general revenue.

Gov. Mike Parson’s proposed $34.1 billion budget for fiscal 2022 set the cost of Medicaid expansion at $1.9 billion, including $120 million in general revenue. That estimate included administrative costs.

Overall, the budget proposal calls for $14.1 billion for Medicaid, including $2.7 billion in general revenue, according to budget documents.

Missouri’s existing Medicaid program, called MO HealthNet, offers few services that are not required to participate in the program.

Adults with children and no other qualifying conditions such as a disability are covered only if their income is less than the family would receive in cash welfare benefits, $292 a month for a single-parent household with two children. No working-age adults without children are covered unless they qualify for another reason.

The cost of the existing program is shared with the federal government, and for the current year, Missouri’s stated share is about 35%.

Under the Affordable Care Act, every state pays 10% of the cost of the newly eligible and the federal share is 90%.

Ballot language

If lawmakers failed to pass Smith’s spending bill, it would not relieve the state of the obligation to provide services for the expansion clients, Merideth said.

“The department would have to go forward with expansion anyway,” he said. “It will just mean we will have a massive supplemental (spending bill) we will have to do later.”

The ballot language for Amendment 2 told voters that passage could cost as much as $200 million a year in state general revenue or result in savings from the existing program of up to $1 billion annually.

While the amendment mandated that the state offer the coverage, it did not mandate how much to spend or from which funds. and because of COVID-19, Missouri’s cost for the current Medicaid program will be substantially below 35% of the total for the foreseeable future.

The federal emergency declaration for the pandemic means the federal share of Medicaid increased by 7.62% for all states during 2020, and that is likely to continue until at least the end of this year.

In addition, states that expand Medicaid would get an additional 5% cut in their federal match rate for 24 months under the provisions of the $1.9 billion relief bill proposed by President Joe Biden and passed Friday in the U.S. House.

The two changes would reduce the state’s cost for the existing program by $2 billion or more over the next two years.

Opponents of expansion sued to keep it off the ballot. They argued that requiring the state to add people to Medicaid would mandate new appropriations from existing revenues, a violation of the Missouri Constitution.

The Western District Court of Appeals didn’t say the opponents were wrong. Instead, the court opinion found that whether it was true was yet to be seen. The job of the court before the election, Presiding Judge Mark Pfeiffer wrote, was to determine if it met the form required to be placed on the ballot.

The ballot language for Amendment 2 and the amendment itself did not direct the Legislature to appropriate any money, Pfeiffer wrote.

“The forecasts as to costs of the proposed measure go to what the proposed measure will or may do if approved by the voters and put into operation, not to whether the proposed measure is properly put before the voters,” he wrote.

Unnecessary bill?

Whether Smith’s bill is part of a plan to get Medicaid expansion back into court or just a way to highlight the spending, Merideth argues that it is unnecessary.

“It seems at the very least to be an effort to continue their message that Medicaid expansion is somehow bad for our state,” he said.

Lawmakers in 2019 appropriated more than $2.3 billion in general revenue for the Medicaid program in fiscal 2020, state budget office documents show. The actual cost was $344 million less than that amount, while the overall program cost, including federal share and other state funds, increased by $415 million.

Hegeman did not say whether he would put Medicaid expansion spending back into the bills where it has traditionally been appropriated or work from Smith’s bill. The Senate will receive the budget after work is completed in the Missouri House.

He heard about Smith’s bill on Feb. 25, he said, after it was filed.

“I will work with my House colleagues to do the best we can,” he said. “They told me. They didn’t ask me. But that is the purview of going first.”

The state constitution ranks the priority for eight types of spending. First is public debt, followed by education. Health and welfare programs are sixth, followed by “all other state purposes.” The General Assembly is eighth.

That raises the question of whether lawmakers can appropriate money for legislative operations if constitutionally mandated programs go unfunded, Merideth said.

“The constitution seems to say if we are going to cut expansion,” he said, “we need to cut our own budget.”

 
 

Clipped from: https://www.joplinglobe.com/news/spending-bill-for-medicaid-expansion-raises-questions-about-intent/article_ae84de72-7c49-11eb-9579-13591da07158.html#//

 
 

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Tennessee’s Medicaid Waiver For A Closed Drug Formulary Could Be A Trendsetter

MM Curator summary

 
 

The TN waiver is the first to allow states to exclude drugs from its formulary in order to get additional financial benefits from preferred manufacturers.

 
 

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.

 
 

Former U.S. Supreme Court Justice Louis Brandeis popularized the phrase “laboratories of democracy” to describe how a “state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Within the federalist framework, state and local governments have some degree of autonomy to act as social “laboratories,” where policies can be created and tested at the state or local level. These experiments in policymaking can be confined to one state or locale, or spread to others, depending on their popularity.

And so it goes with Medicaid. In January of this year, Tennessee became the first state in the nation to obtain permission from the Centers for Medicare and Medicaid Services (CMS) to adopt a closed formulary for outpatient prescription drugs.

A closed formulary offers Tennessee’s Medicaid agency more leverage to negotiate supplemental rebates directly with drug manufacturers. In the meantime, the state will continue to receive statutorily mandated Medicaid drug rebates. Other states will monitor what’s happening in Tennessee closely, and may follow suit.

The Medicaid program is run jointly by the federal and state governments, with each state administering its own Medicaid program, subject to federal oversight. The federal government also contributes more than 50% of the program’s costs.

Adopting a closed formulary enables Tennessee to exclude medications from coverage provided they include at least one drug per therapeutic class on the formulary. As a result, this does diminish patients’ access to the full panoply of prescription drugs, and could have a negative impact on health outcomes. There will be exceptions to the rule. Tennessee Medicaid must cover “all or substantially all” of the drugs required to be covered under the Medicare Part D protected classes policy. The six classes are antidepressants, anticonvulsants, antipsychotics, immunosuppressants, antineoplastics, and antiretroviral drugs. And, the state is obligated to institute an appeals and exceptions process, so that patients may apply for access to non-covered drugs.

For years, state Medicaid agencies and Medicaid managed care companies have wanted to be able to utilize the prescription drug management tools common in both the commercial sector and Medicare Part D. This includes closed formularies.

But, until now state Medicaid agencies have been thwarted in their attempts to establish closed formularies. In June 2019, for example, CMS rejected an application submitted by the Massachusetts state Medicaid agency to obtain a waiver to adopt a closed formulary. At the time, this would have been a first for Medicaid.

Besides closed formularies, other methods of cost containment have proven less difficult to pursue. This includes the use of bulk purchasing power. As soon as he assumed office in January 2019, California’s governor, Gavin Newsom, promised to execute a series of changes to the state’s healthcare system, including granting the Medi-Cal – California’s Medicaid agency – direct negotiating power with drug makers with respect to the prices of certain drugs prescribed to Medicaid beneficiaries. Enacted in January 2021, Newsom’s executive order directs Medi-Cal to establish bulk-purchasing arrangements for “high-priority drugs.” Simultaneously, the state will take control of the pharmacy benefit for all 13 million Medi-Cal beneficiaries — the vast majority of whom previously had their prescription drug benefit administered by Medicaid managed care plans and pharmacy benefit managers.

However, California’s capacity to drive down prescription drug prices will depend on the degree to which the Medicaid preferred list can be a de facto closed formulary. Without the ability to exclude drugs, California’s negotiating leverage is limited.

Other states have been active in creative ways to contain drug costs. For example, in July of 2019, Louisiana’s Medicaid state agency embraced a subscription model, colloquially called the “Netflix model,” for provision and purchase of hepatitis C treatments. In principle, this model implies that the state pays a subscription fee to procure a supply of hepatitis C medications. Here, the supply is however many pills are necessary to treat patients diagnosed with hepatitis C. Louisiana, however, adopted a modified version of the subscription model, in which the state pays a fixed price per treatment up to a certain maximum rather than a lump sum payment to the drug maker. After reaching that cap, Louisiana will receive additional treatments at no cost through the end of 2024.

Several states are pursuing prescription drug payment reform. In 2018, Oklahoma became the first state Medicaid program to implement a value-based pricing initiative, linking payments to a drug’s impact on health outcomes. Oklahoma signed value-based contracts for four drugs: Two long-acting atypical antipsychotics, aripiprazole lauroxil (Aristada) and paliperidone (Invega Trinza); an antibiotic for skin infections, oritavancin (Orbativ); and the epilepsy drug, perampanel (Fycompa). Other states, including Colorado, Massachusetts, and Michigan have laid the groundwork for similar outcomes-based pricing arrangements.

At the state level, novel payment models and methods for Medicaid prescription drug cost containment are gaining traction. In Tennessee’s Medicaid program, the closed formulary is becoming a reality. Other states may decide to follow Tennessee’s lead. Success of the initiative will be measured in terms of the state’s ability to keep a lid on costs, and by whether harm is done to patients by reducing the extent of their access to prescription drugs.

 
 

Clipped from: https://www.forbes.com/sites/joshuacohen/2021/03/03/tennessees-medicaid-waiver-for-a-closed-drug-formulary-could-be-a-trendsetter/?sh=1182b11d5f5b