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BayCare pays $20 million for improperly boosting Medicaid payments

[MM Curator Summary]: BayCare and several other Florida hospitals are paying up in a whistleblower suit that shows them gaming the Medicaid provider tax game.

 
 

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.

 
 

 
 

BayCare has agreed to pay a $20 million settlement to the federal government to resolve allegations that it violated federal law to boost its share of Medicaid funding.

The Tampa Bay hospital chain made donations to the Juvenile Welfare Board of Pinellas County from October 2013 to September 2015. That was funneled to the state Agency for Healthcare Administration for Florida’s Medicaid program, according to the U.S. Department of Justice. The bulk of those funds were then paid back to BayCare for treating patients covered by Medicaid.

Since the funds were classified as donations, the federal government was required to make matching payments — which also went to BayCare.

The company was thus able to recoup the bulk of its original donations and receive the matching federal funds, according to the settlement agreement. That violates federal law, which views requests for matches based on donations from medical providers as false claims.

The federal complaint does not say who arranged, directed or approved the scheme.

Medicaid covers medical costs for some low-income households and individuals with disabilities. It is jointly funded by the federal government and the states.

“When health care providers participate in fraud schemes to boost federal payments, they do so at the expense of federal health care programs,” said a statement from
Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of Inspector General. “Our office is committed to protecting the integrity of the Medicaid Program, and we will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud it and other government health care programs.”

Federal officials said the four BayCare hospitals involved are all in Pinellas County: St. Anthony’s Hospital in St. Petersburg, Mease Countryside Hospital in Safety Harbor, Mease Dunedin Hospital and Morton Plant Hospital in Clearwater.

Related: BayCare CEO to retire at the end of the year

BayCare, which is headquartered in Clearwater, runs 15 hospitals in the Tampa Bay region. In a statement to the Tampa Bay Times, the company described the settlement as a “disagreement with the government over a complex regulatory question.”

“BayCare has admitted no wrongdoing and expressly denies the allegations against it, but we have settled to avoid the delay, uncertainty, and expense of litigation. At all times, BayCare fully cooperated with the government with respect to this matter. BayCare remains committed to the highest integrity practices, and we look forward to continuing to serve all patients and our communities’ health needs.”

The Justice Department said it received information about the donations from a former hospital reimbursement manager in Florida who, under the terms of the whistleblower provisions of federal law, will receive $5 million from the settlement. The settlement agreement also requires BayCare to pay $25,000 to the whistleblower for expenses and legal costs.

“We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud it and other government health care programs,” said a statement from
U.S. Attorney Roger Handberg of the Middle District of Florida.

A complaint filed in federal court on behalf of the whistleblower states that other Pinellas hospitals and a clinic also used donations and reimbursements to boost their Medicaid payments over a 4-year period starting in 2012. The Juvenile Welfare Board agreed to accept the “impermissible” donations and, in return, was allowed to keep 10 percent of the funds.

Between 2011 and 2015, the scheme resulted in $52 million in additional Medicaid payments, the complaint states. The juvenile welfare board’s share of donations involving all the hospitals named in the complaint was $3.7 million over four years.

Juvenile Welfare Board spokesperson April Putzulu said the donations predate the tenure of CEO Beth Houghton, who was hired in 2019. Putzulu said the publicly-funded agency will not comment on litigation involving another entity.

The other local hospitals named in the whistleblower complaint are Johns Hopkins All Children’s Hospital and Bayfront Health St. Petersburg hospital.

Officials from Community Health Systems, a Fortune 500 company in Tennessee that owned Bayfront when the donations were made, did not respond to a call or emails seeking comment Thursday.

Bayfront Health St. Petersburg was purchased by Orlando Health in 2020. The company released this statement:

“Under Orlando Health’s leadership, Bayfront Health St. Petersburg adheres to strict internal compliance and ethics standards and oversight which would prevent this kind of unfortunate event.”

Johns Hopkins All Children’s Hospital in St. Petersburg. [ DIRK SHADD | Times ]

Officials from Johns Hopkins All Children’s Hospital said in a statement that the hospital is focused on providing the best possible care for children: “We are still in litigation related to this matter and limited in our ability to provide further statements.”

Also named in the whistleblower complaint is Community Health Centers of Pinellas, which operates at 13 clinics around the county and is now named Evara Health. A call requesting comment was not returned.

The status of the federal cases involving Bayfront Health St. Petersburg and Evara Health were not known.

Clipped from: https://www.tampabay.com/news/health/2022/04/07/baycare-pays-20-million-for-improperly-boosting-medicaid-payments/

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Bill could overturn Missouri Medicaid expansion

[MM Curator Summary]: Legislators are one step closer to allowing voters to vote on Medicaid expansion each 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.

 
 

A constitutional amendment asking Missourians to let lawmakers decide year-to-year whether the state will offer Medicaid to working-age adults moved closer to passage Wednesday.

By an 8-5 vote, the Senate Appropriations Committee sent the House-passed proposal to the full Senate for debate. Only Sen. Lincoln Hough, R-Springfield, voted with Democrats to oppose the measure, which is seen by critics as an effort to roll back voter-approved Medicaid expansion.

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If approved in the Senate, the measure would appear on the August or November election ballot.

Since Oct. 1, just more than 100,000 people have enrolled in the program that provides medical coverage for people with incomes less than 138 percent of the federal poverty limit. In the budget for the fiscal year that begins July 1, the cost of expansion is pegged at $2.5 billion.

The House-passed budget plan does not use any general revenue to pay the cost. Instead, it taps extra federal funds being sent to Missouri because it expanded eligibility to pay a part of the state’s 10 percent match.

The amendment debated Wednesday is intended to give future lawmakers options when the state hits tough economic times, committee Chairman Dan Hegeman, R-Cosby, said after the vote.

“I have always had the concern that at some point in time, in the future, we will be pitting other general revenue-source expenditures against the expanded Medicaid because there was no other funding mechanism included,” he said.

In August 2020, Missouri voters approved a constitutional amendment requiring the state to offer Medicaid coverage to 19- to 64-year-olds.

A single person is eligible with earnings up to $18,754 a year, or about 32 hours a week at the current minimum wage. For a household of three, the limit is $31,781 per year, or what a person working full time would earn at $15.29 per hour.

Prior to passage, only very low-income adults with children were eligible for coverage and no working-age adults without children could enroll.

Making the coverage optional for the state budget would break faith with the voters who passed the expansion program, said state Sen. Lauren Arthur, D-Kansas City.

“It seems pretty clear this is an attempt to undo what the voters did on Medicaid expansion,” she said. “It is disrespectful to the people who have spent hours on line trying to enroll.”

That view was echoed by Sen. Karla May, D-St. Louis, who said ending Medicaid expansion would hurt rural Missourians who have limited access to health care providers.

“We should not be in a hurry to deliver this piece of legislation to the floor whatsoever,” May said.

An attempt to block the expansion program last year by withholding funds was overturned in July by the Missouri Supreme Court. Opponents argued lawmakers had the option to refuse to pay for the expanded population’s care because of a constitutional provision that bars initiatives that appropriate funds.

The high court, however, ruled the amendment only set eligibility standards and did not directly appropriate money and therefore was constitutional.

Missouri is sitting on a record general revenue surplus that could reach $3 billion or more in the coming fiscal year. The state treasury is so flush with cash that the Missouri House is considering a bill to provide $1 billion in tax rebates.

The extra cost of expansion is expected to push the entire Medicaid budget to $16.6 billion in the coming year. The increasing cost is unsustainable, said Sen. Bill Eigel, R-Weldon Spring.

If the program is insolvent, it will hurt people more than denying coverage to the expansion group, he said.

The amendment, Eigel said, “asks for more clarification from the people of this state who were lied to by an out-of-state, special interest campaign.”

The Missouri Independent is a nonprofit, nonpartisan news organization covering state government and its impact on Missourians.

HJR 117: Medicaid eligibility, requirements

https://bit.ly/3uECUVj

Sponsor: Rep. Cody Smith

 
 

Clipped from: https://www.newstribune.com/news/2022/apr/14/bill-could-overturn-missouri-medicaid-expansion/

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US hospitals with the highest share of patients on Medicaid

[MM Curator Summary]: NYC has 8 of the top 10, despite not being ranked in any list of cities with highest poverty.

 
 

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.

 
 

Becker’s calculated which U.S. hospitals have the highest share of their patients covered under Medicaid.

Eight of the 10 highest-ranked hospitals are public facilities located in New York City.

The 2019 data released April 5 is from the coverage, cost and value team at the National Academy for State Health Policy in collaboration with Houston-based Rice University’s Baker Institute for Public Policy.

 
 

Hospitals with the highest percentage of Medicaid in their payer mix:

 
 

(1) Queens Hospital Center — 96 percent

Location: New York City

Beds: 200

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(2) Laguna Honda Hospital — 94 percent

Location: San Francisco

Beds: 6

System: San Francisco Health Network

Ownership type: public

 
 

(3) Lincoln Medical & Mental Health Center — 94 percent

Location: New York City

Beds: 287

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(4) Kings County Hospital Center — 89 percent

Location: New York City

Beds: 406

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(5) Woodhull Hospital Center — 86 percent

Location: New York City

Beds: 238

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(6) Metropolitan Hospital Center — 85 percent

Location: New York City

Beds: 196

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(7) North Central Bronx Hospital — 84 percent

Location: New York City

Beds: 130

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(8) Elmhurst Hospital Center — 83 percent

Location: New York City

Beds: 358

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(9) Bellevue Hospital Center — 82 percent

Location: New York City

Beds: 527

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(10) Pacifica Hospital of the Valley — 81 percent

Location: Los Angeles

Beds: 133

System: independent

Ownership type: for-profit

 
 

(11) Kensington Hospital — 81 percent

Location: Philadelphia

Beds: 31

System: independent

Ownership type: for-profit

 
 

(12) College Hospital Costa Mesa — 80 percent

Location: Costa Mesa, Calif.

Beds: 122

System: independent

Ownership type: for-profit

 
 

(13) Coney Island Hospital Center — 78 percent

Location: New York City

Beds: 292

System: New York City Health and Hospitals Corp.

Ownership type: public

 
 

(14) East Los Angeles Doctors Hospital — 78 percent

Location: Los Angeles

Beds: 102

System: Avanti Hospitals

Ownership type: for-profit

 
 

(15) Red Bud Regional Hospital — 77 percent

Location: Red Bud, Ill.

Beds: 25

System: independent

Ownership type: for-profit

 
 

Clipped from: https://www.beckershospitalreview.com/finance/us-hospitals-with-the-highest-share-of-patients-on-medicaid.html

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Louisiana Medicaid launches phone campaign to encourage members to update contact information

[MM Curator Summary]: LA joins the states launching member call campaigns in advance of the PHE end.

 
 

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.

 
 

Louisiana Medicaid has launched a phone campaign to encourage its members to update their contact information. Automated calls will go out to members between the hours of 3 p.m. and 8 p.m. Monday through Saturday. The calls will remind members to update their phone number, mailing address and email address.

“When the federal COVID-19 public health emergency ends, we will be reaching out to our members through the mail to complete renewals and to verify eligibility. We don’t know when the public health emergency will end so we are preparing now. It’s critical that we have accurate information to be sure that members receive important notices related to their healthcare coverage,” said Patrick Gillies, Medicaid Executive Director. “We are sharing this information as we begin the phone calls campaign because we want our members to know these calls are legitimate and not a scam. These are recorded messages only. There will not be a Medicaid representative on the phone and we will not be asking for any personal information. The calls will be spread out over the next four to eight weeks.”

If you receive a call, the caller ID will show Louisiana Department of Health.

Members can update their contact information anytime by visiting mymedicaid.la.gov or by emailing mymedicaid@la.gov.

It is very important for Medicaid beneficiaries to read and respond to all correspondence received from the Louisiana Department of Health during this critical time.

 
 

Clipped from: https://ldh.la.gov/news/6566

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State to invest over $130 million for Medicaid home and community based service providers who care for vulnerable New Mexicans

[MM Curator Summary]: NM will pay HCBS providers 15% more for staff retention, PPE, training and IT.

 
 

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.

 
 

SANTA FE – This week Medicaid home and community based service (HCBS) providers statewide will receive a 15% temporary reimbursement increase to help support the critical services they provide to vulnerable New Mexicans, including those who are aging, disabled, and with severe behavioral health needs, announced the New Mexico Human Services Department (HSD) today.

HSD, through Section 9817 of the American Rescue Plan Act (ARPA), is investing over $130 million in the first of three rounds of HCBS temporary economic recovery payments to providers that have supported our community throughout the Public Health Emergency (PHE).  The ARPA provides states the opportunity to obtain additional funding to enhance, expand, and strengthen HCBS in New Mexico communities. New Mexico is a leader in ensuring access to HCBS, and this investment will help serve the most vulnerable New Mexicans. The enhanced federal funding provides New Mexico with an historic opportunity to make both short and long-term investments in our programs that serve the most vulnerable New Mexicans. 

“The New Mexico Medical Assistance Division values the important work of home and community based services providers and understands how challenging it has been to continue to deliver care over the past two years. Our proposed spending plan will strengthen the caregiver workforce and facilitate greater access to HCBS,” said Nicole Comeaux, Medicaid Director for the New Mexico Human Services Department. “I really want to thank the Medicaid team for a herculean effort in making these increases a reality.” 

The reimbursement increase will be available for eligible services retroactively to May 1, 2021 through June 30, 2022. To offset increased costs related to the PHE, payments may be used for staff retention, personal protective equipment, hazard pay, training, infrastructure and/or technology improvements that will aid to enhance current HCBS service delivery. 

“This much needed influx of dollars will help our state’s provider network in many important ways,” said Jason Cornwell, New Mexico Department of Health Developmental Disabilities Supports Division Director. “From mitigating pandemic costs and inflation, to being able to better provide a living wage to the workforce dedicated to providing services for our state’s most vulnerable citizens and their families, this money will further expand access to the essential services many have waited years to receive.” 

For more information visit  https://www.hsd.state.nm.us/community-benefit-program/

We talk, interpret and smile in all languages.  We provide written information to our customers in both English and Spanish and interpretation services are available in 58 languages through our provider, CTS Language Link. For our hearing, and speech impaired customers, we utilize Relay New Mexico, a free 24-hour service that ensures equal communication access via the telephone to individuals who are deaf, hard of hearing, deaf-blind or speech disabled.

The Human Services Department provides services and benefits to 1,057,175 New Mexicans through several programs including: the Medicaid Program, Temporary Assistance for Needy Families (TANF) Program, Supplemental Nutrition Assistance Program (SNAP), Child Support Program, and several Behavioral Health Services.

###

 
 

Clipped from: https://www.hsd.state.nm.us/2022/03/31/state-to-invest-over-130-million-for-medicaid-home-and-community-based-service-providers-who-care-for-vulnerable-new-mexicans/

 
 

 
 

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Medicaid expansion had little effect on obstetric service closures, study finds

[MM Curator Summary]: Medicaid expansion does not help rural OB providers.

 
 

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.

 
 

Although Medicaid expansion decreased hospital closures, it has had little effect on obstetric service closures, an April Health Affairs study found.

The researchers used data from American Hospital Association surveys and information on obstetric service provision from CMS to track obstetric service closures from 2010 and 2017.

Rural obstetric units were less likely to close immediately after Medicaid expansion, but this effect tapered off within two years, according to the study.

The decrease in overall hospital closures was mostly found in hospitals that did not have obstetric units.

Obstetric services have decreased in the last decade because they are often unprofitable, according to the study. Medicaid expansion has been introduced as a possible solution because it diminishes uncompensated care and improves hospital finances.

“Policies aiming to address obstetric closure may need to tailor solutions to the challenges facing this particular service line — for example, low Medicaid reimbursement rates,” the study suggested.

Read more here.

 
 

Clipped from: https://www.beckershospitalreview.com/care-coordination/medicaid-expansion-had-little-effect-on-obstetric-service-closures-study-finds.html

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California Handed Its Medicaid Drug Program to One Company. Then Came a Corporate Takeover

[MM Curator Summary]: The timeline of the failed single pbm rollout in CA is chronicled.

 
 

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.

 
 

 
 

(LightRocket / Getty Images)

SACRAMENTO — Prescription drug costs for California’s massive Medicaid program were draining the state budget, so in 2019 Gov. Gavin Newsom asked the private sector for help. 

The new Medicaid drug program debuted this January, with a private company in charge. But it was woefully unprepared, and thousands of low-income Californians were left without critical medications for weeks, some waiting on hold for hours when they called to get help.

What happened in the two years between the contract award and the start of the program is a case study in what can go wrong when government outsources core functions to the private sector.

California awarded the Medi-Cal Rx program to a unit of Magellan Health, a company with expertise in pharmacy benefits and mental health. But Magellan was then gobbled up by industry giant Centene, worth roughly $50 billion, which was looking to expand its mental health portfolio. 

Centene was already a big player in state Medicaid drug programs — but one with a questionable record. The company was accused by six states of overbilling their Medicaid programs for prescription drugs and pharmacy services and settled to the tune of $264.4 million. Three other states made similar allegations and have settled with the company, but the amounts have not been disclosed. Centene, in resolving the civil actions, denied any wrongdoing.

KHN has learned California health officials also are investigating Centene.

Handing Over Control

In his 2019 inauguration speech, Newsom vowed to use California’s “market power and our moral power to demand fairer prices” from the “drug companies that gouge Californians with sky-high prices.”

Drug spending by the state for its Medicaid, prison, state hospital, and other programs had been climbing 20% a year since 2012, so the first-term Democrat issued an executive order requiring California to make its own generic drugs and forge partnerships with counties and other states to buy drugs in bulk. He also directed the state to buy prescription drugs for Californians enrolled in Medi-Cal, the state’s Medicaid program, which covers roughly 14 million people.

Newsom no longer wanted to allow the state’s two dozen Medi-Cal managed-care health plans to provide prescription drug coverage to their enrollees, arguing the state would get a better deal from drug companies by harnessing its purchasing power.

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That December, California awarded a competitive $302 million contract to Magellan Medicaid Administration, a subsidiary of Magellan Health, to make sure Medi-Cal enrollees get the medications that California would buy in bulk. Magellan provides pharmacy services to public health plans in 28 states and the District of Columbia.

Even though Magellan’s biggest money maker is mental health insurance, it met a key requirement of the state’s call for bids: It didn’t provide health insurance to any Medicaid enrollees in California.

Magellan was supposed to take over the drug program in April 2021. But on Jan. 4 of that year, Centene — which was seeking a greater role in the lucrative behavioral health market — announced plans to buy Magellan. 

St. Louis-based Centene, however, is one of the largest Medi-Cal insurers in the state, a factor that would have disqualified it from bidding for the original contract. Centene provides health coverage for about 1.7 million low-income Californians in 26 counties through its subsidiaries Health Net and California Health & Wellness. It earned 11% of its revenue from California businesses in 2019, according to its 2021 annual report to the U.S. Securities and Exchange Commission.

But the state bent over backward to make it work, delaying implementation of the program while Magellan set up firewalls, sectioned off its business operations from Centene, and paid for a third-party monitor.

State regulators reviewed the merger in a 30-minute public hearing in October 2021. They didn’t mention Centene’s legal settlements with other states.

The state Department of Managed Health Care approved the merger Dec. 30. Two days later, the state launched its new prescription drug program with Magellan at the controls.

Centene’s Legal Troubles

In the past 10 months, Centene has settled with nine states over accusations that it and its pharmacy business, Envolve, overbilled their Medicaid programs for prescription drugs and services: It settled with Arkansas, Illinois, Kansas, Mississippi, New Hampshire, and Ohio, according to news releases from attorneys general in those states. The three other states have not been identified by Centene or the states themselves.

The company has set aside $1.25 billion for those settlements and future lawsuits, according to its 2021 report to the SEC.

Centene, which has denied wrongdoing in public statements, did not respond to multiple requests by KHN for interviews, nor did it respond to emailed questions. Magellan also did not respond to interview requests.

From the start, other California health insurers opposed the state takeover of the Medi-Cal drug program, partly because it took away a line of business. They were even more furious when the state allowed one of their biggest competitors to seize the reins — especially given its legal entanglements.

The state Department of Health Care Services, which administers Medi-Cal, acknowledged to KHN in March that it’s investigating the company but declined to provide specifics. The state is investigating Centene’s role in providing pharmacy benefits before the state took the job from managed-care insurers.

“DHCS takes all allegations of fraud, waste, and abuse seriously and investigates allegations when warranted,” department spokesperson Anthony Cava said in a statement.

A Sale in the Offing?

When Medi-Cal Rx debuted Jan. 1, thousands of Californians couldn’t refill critical — sometimes lifesaving — medications for days or weeks. Doctors, pharmacists, and patients calling for help often languished on hold for as many as eight hours.

Magellan blamed the problems on staff shortages during the covid-19 omicron surge and missing patient data from insurance plans. State health officials went to great lengths to fix the problems and appeared before legislative committees to provide lawmakers with assurances that the contractor wouldn’t be paid in full.

But Medi-Cal patients still face uncertainty.

Not long after Magellan took over California’s Medi-Cal drug program, reports surfaced in Axios and other publications that Centene might sell Magellan’s pharmacy business.

Centene officials have not confirmed a sale. But it would align with the company’s recent moves to restructure its pharmacy operations in the face of state investigations — such as seeking an outside company to begin managing its drug spending.

“Once you tell a PBM they actually have to behave, that’s when there’s no more money in it. It’s time to go,” said Antonio Ciaccia, president of drug-pricing watchdog 3 Axis Advisors, referring to businesses known as pharmacy benefit managers.

Yet another ownership change in California’s drug program could bring more disruption to the state’s most vulnerable residents, some of whom are still having trouble getting their drugs and specialty medical supplies after Magellan’s rocky takeover.

“I don’t know what kind of instability that creates internally when there’s a change of this magnitude,” said Linnea Koopmans, CEO of Local Health Plans of California, which represents the state’s publicly run Medicaid insurers that compete against Centene. “It’s just an open question.”

Koopmans and other Centene critics acknowledge that California has long relied on private insurance plans to offer medical and prescription drug coverage to Medi-Cal enrollees and that the state shouldn’t be surprised by ownership changes that come with consolidation in the health care industry. For example, Centene has a history of taking over California contracts after an acquisition — it did so when it purchased Health Net in 2016.

But consumer advocates say the Centene fiasco makes it clear that the state must improve oversight of corporate mergers if it chooses to hand over responsibility for public programs.

“In an ideal world, this is all backroom machinations that people don’t notice — until they do, until there is a problem,” said Anthony Wright, executive director of Health Access California, a consumer advocacy group. “It just increases the need to make sure that that oversight is there, that accountability is there.”

 
 

Clipped from: https://californiahealthline.org/news/article/california-medicaid-centene-magellan-drug-program-overbilling-states/

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Alaska House votes to defund Medicaid abortion services despite court rulings requiring it

[MM Curator Summary]: Abortion opponents in AK may get a win.

 
 

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.

 
 

 
 

Rep. Sarah Vance, R-Homer, listens as Rep. Liz Snyder, D-Anchorage, speaks against a budget amendment on Wednesday, April 6, 2022 in the Alaska House of Representatives. The amendment attempts to de-fund state funding for abortion services, and Vance had just finished delivering a speech in favor of the amendment. (James Brooks / ADN)

JUNEAU — Defying court rulings, the Alaska House of Representatives voted 21-18 on Wednesday to cut Alaska’s Medicaid budget by $350,000 in an attempt to eliminate state funding for abortion services.

The vote is the latest in a yearslong series of attempts by Alaska legislators to cancel public funding for abortion services. Prior votes have had little effect. The state has shifted Medicaid funding from other sources and continued to provide abortions. In 2021, according to the latest available figures, Medicaid funded 537 of 1,226 abortions in Alaska.

Despite the limited effects of prior amendments, this year’s proposal could have significant effects if signed into law. Last year, as they considered a similar amendment, lawmakers were warned that the language of the restriction could endanger all state funding for Medicaid if it were challenged in court. They ultimately decided to use different wording proposed by the state Senate.

The Alaska Supreme Court has repeatedly ruled that the right to an abortion is protected by the state’s constitutional right to privacy, and the court ruled in 2001 that the state would violate the constitution’s equal protection clause and discriminate against poor women if it denied abortion services under Medicaid.

Speaking Wednesday, several legislators said they believe strongly enough on the topic to vote in favor of the budget amendment, even if it is unconstitutional.

“I don’t really care if we have to run it through the courts a hundred times,” said Rep. Kevin McCabe, R-Big Lake.

Rose O’Hara-Jolley, Alaska state director of Planned Parenthood Alliance Advocates, which advocates for abortion access, said the anti-abortion measure “is unethical, unconstitutional, and puts cruel and inequitable restrictions on abortion access for people with low incomes. The bottom line is that everyone — no matter how much money they make, how much wealth they have, or who provides their insurance — should be able to access the full range of reproductive health care, including abortion.”

 
 

The electronic voting board in the Alaska House of Representatives shows the votes for and against an amendment on Wednesday, April 6, 2022 attempting to de-fund state-paid abortion services. (James Brooks / ADN)

The amendment came from Rep. Christopher Kurka, R-Wasilla. It was supported by all 18 members of the House’s Republican minority as well as independent Republican Rep. Sara Rasmussen, R-Anchorage. Majority Reps. Kelly Merrick, R-Anchorage and Josiah Patkotak, I-Utqiagvik, provided the 20th and 21st votes.

Access to abortion — state-paid or not — is legally protected in Alaska by several rulings of the Alaska Constitution and would not be immediately affected if the U.S. Supreme Court overturns its landmark 1972 decision in Roe v. Wade.

A decision on that issue is expected this summer, and Rep. George Rauscher, R-Sutton said he expects Roe to be overturned one day.

“People are going to realize that when there’s a heartbeat, this child is a person,” he said.

Rep. Ron Gillham, R-Kenai, said he believes life begins at conception and cited the language of the state constitution in saying that legislators have an obligation to protect unborn residents.

Rep. Sarah Vance, R-Homer, argued in support of the amendment, saying she unexpectedly became pregnant at 23 and lived in denial until she heard her daughter’s heartbeat.

“This is more than just dollars or just court orders. This is the very lives of our future,” she said.

Rep. Sara Hannan, D-Juneau, opposed the amendment, calling abortion “fundamental health care for women,” and Rep. Liz Snyder, D-Anchorage, shared the story of her own difficult pregnancy. She said her doctor told her that without modern medical care, she might have died.

“Don’t put women in that position,” she said.

The House is expected to consider further budget amendments through the end of the week. If the abortion-funding amendment remains, it and the rest of the budget will advance to the Senate, which is at work on a competing proposal.

That proposal, now in the Senate Finance Committee, contains a $180,000 cut to Medicaid services and language saying the state should not pay for non-mandatory abortions.

If House and Senate approve different proposals, the differences will be ironed out by a conference committee intended to write a compromise.

 
 

Clipped from: https://www.adn.com/politics/alaska-legislature/2022/04/06/alaska-house-votes-to-defund-medicaid-abortion-services-despite-court-rulings-requiring-it/

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That’s privileged: Medicaid won’t say what it did to justify denying records

[MM Curator Summary]: Ohio Medicaid is still stonewalling basic information requests with mysterious claims of privileged information.

 
 

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 Ohio Department of Medicaid is denying public access to oversight reports submitted by its billion-dollar managed-care contractors. But it won’t describe the process it used in determining that information in the reports qualifies as trade secrets.

That information is privileged, said a spokeswoman for the department, which claims to value transparency.

Even though some other state departments of Medicaid publish them on their websites, the Ohio’s Department of Medicaid last month declined to provide the Capital Journal with copies of “medical-loss ratio” reports in response to an open records request.

Managed-care contractors are required by the federal government to produce such reports to keep tabs on how much taxpayer money the companies are spending on healthcare, and how much they’re pocketing in the form of profit and administrative expenses.

Even though the reports are meant to keep tabs on contractors — each of which gets more than $1 billion a year from the Medicaid department — it appears that the department let those companies decide to keep them secret.

“Please note that the managed care organizations have identified that the reports are proprietary information and trade secrets under ORC 1333.61,” the department’s legal staff wrote in response to the records request. “As such, we are denying your request.”

Kip Piper, a Washington, D.C.-based Medicaid expert, last month said he couldn’t see how the reports could contain trade secrets. The information required for them are aggregate numbers — not specific data regarding pricing, patient encounters and the sort of information that is commonly associated with proprietary information.

“Withholding these routine, mandatory Medicaid MCO MLR reports is mystifying,” Piper said in a tweet. “This is not trade secret or proprietary data. Odd, troubling, ill-advised decision, frankly.”

Ohio Medicaid said that the reports had not yet been standardized among the states and that Ohio likely releases more relevant information through other channels than states such as Arizona do in the medical-loss ratio reports they publish. But the available Ohio information doesn’t appear to be as granular as in this MLR report by an Arizona Medicaid managed-care plan.

In any case, the Ohio Medicaid department has been unwilling to say whether it allowed its contractors to simply decide that the oversight reports should be kept secret. It was asked several times whether it did anything more than ask the companies’ opinion when it decided not to provide copies of them. It wouldn’t answer directly.

Prodded further, it said answering that question would violate lawyer-client privilege — the right to keep communications between attorneys and their clients secret.

On March 28, Medicaid spokeswoman Lisa Lawless said such questioning “asks for information that consists of legal work by Medicaid’s attorneys. We’re unable to share with you work that is covered by attorney-client privilege.”

Jack Greiner, a Cincinnati-based First Amendment attorney, found the claim hard to credit.

“I don’t think it’s attorney-client privilege,” he said. “I could see an argument that it could be something called ‘work product’ — a privilege that covers what an attorney does for their client in terms of their client and the mental processes of the attorney — but I’m having a hard time seeing how it’s attorney-client privilege. They don’t represent the contractors, so I don’t know where they’re coming from. It doesn’t make any sense to me.”

Lawless was asked to whom the claimed privilege belonged. And if it belonged to the ODM, she was asked, why didn’t the department waive the privilege so that Ohioans could know whether it was allowing its contractors to decide whether oversight reports should be made public.

“Even if it were privileged, they could waive it,” Greiner said. “It doesn’t sound like they’re protecting highly sensitive details of anything.” 

Pressed further on the matter, Medicaid spokeswoman Lawless made it sound as if the privilege were inviolable.

“This is referring to the attorney-client privilege within the Ohio Department of Medicaid (ODM), between ODM attorneys and ODM staff,” she wrote in an email Tuesday. “The legal work by ODM’s attorneys related to the topics in your inquiries is privileged and we are unable to waive this privilege.”

In the aftermath of the Watergate scandal, the states and the federal government passed or beefed up open-records and meetings laws on the rationale that the public owns the government, so to the fullest extent practicable, the public should have access to its doings. And in the process of making government transparent, inefficiency and corruption are more likely to be spotted and rooted out, the thinking went.

Indeed, countless scandals have been uncovered using the laws.

Meanwhile, the Ohio Department of Medicaid has been embarrassed by a lack of transparency by its contractors. 

In 2018, it was under pressure from investigations by The Columbus Dispatch and then-Auditor Dave Yost. The agency commissioned an analysis that determined — unbeknownst to the department — that drug middlemen hired by the managed-care contractors in 2017 collected almost a quarter-billion dollars more for prescription drugs than they paid the pharmacies that dispensed them. That was at least three times the going rate, the Medicaid department’s own analysis said.

To bring transparency to that process, the department is shifting to an arrangement in which a single drug middleman will work directly with the Medicaid department so that it can see more clearly into the drug transactions. At the same time, however, the department is apparently allowing the companies that hired the middlemen to decide what information can be made public — and that information about that process is secret.

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Clipped from: https://ohiocapitaljournal.com/2022/04/07/thats-privileged-medicaid-wont-say-what-it-did-to-justify-denying-records/

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Tennessee Offers to Expand Dental Schools as Medicaid Coverage Stretches Need

[MM Curator Summary]: The state will add up to $169M to try and get more dentists to accept Medicaid payments.

 
 

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.

 
 

More than 600,000 additional Medicaid patients in Tennessee may soon be covered with comprehensive dental benefits under a proposal by Republican Gov. Bill Lee. But the state, one of the last to extend dental coverage to adults, is also trying to make sure those Medicaid enrollees can find dentists willing to treat them.

Along with $75 million to extend Medicaid dental benefits to adults, Tennessee is considering $94 million to help its two dental schools expand. About a third of the money would help pay off the student loans of graduates who agree to work in high-need areas, with the idea that they would treat more Medicaid patients.

“It’s sometimes a chicken-and-egg phenomenon,” said Dr. Lisa Piercey, who leads the Tennessee Department of Health. “If you bring a bunch of people into coverage but don’t have the providers to do it, then that’s a real problem.”

The lack of dentists in some areas has bedeviled a number of states expanding Medicaid coverage in recent years, including Missouri and Oklahoma. Complicating matters is the unwillingness of many dentists to accept Medicaid insurance rates, which vary by state but typically pay less than half of what commercial insurance pays. A 2019 analysis from the Milliman consulting firm found some states paying less than a third of commercial rates for dental work on Medicaid patients.

In Tennessee, fewer than a third of dentists are even enrolled to treat Medicaid patients. American Dental Association data finds at least a dozen states have similar participation levels.

And many dentists cluster within higher-payer communities, leaving gaps elsewhere. Virtually every state has a shortage of dentists in at least some areas, according to tracking by KFF. The ADA finds that the problem has worsened during the covid-19 pandemic, with an exodus of dentists and hygienists. But the greatest needs are basically everywhere but large metropolitan areas, with rural communities representing roughly 60% of the shortage areas.

“There are only a handful of counties in this state that actually have an adequate number of dentists,” Piercey said of Tennessee.

So is there an actual shortage of dentists or just a shortage of those willing to practice where needed and treat those most in need? It’s likely a combination.

In the 1980s, dental schools were shrinking for lack of qualified students applying. Some were scared off by the escalating tuition to earn a “doctor of dental surgery” degree. Practicing dentists also had concerns about an oversupply in their profession. But predictions at the time suggested that advances in dentistry and even birth control would reduce demand, the dean of Emory’s dental school told The New York Times in 1987. Emory’s school closed. So did Georgetown’s, once the nation’s largest private dental program.

Within a decade, enrollment nationwide had dropped by a third. The University of Tennessee went from graduating two classes of 80 a year to just one 80-person class. It’s now grown to more than 100. But roughly a quarter of the seats are reserved for residents of neighboring Arkansas, which doesn’t have its own dental school.

Many schools are adding seats, and the American Dental Education Association isn’t standing in the way.

“The question of the right number of dentists to serve any given population is complex, with varying considerations, but in general, we believe the potential for an overabundance is a long ways off,” American Dental Education Association CEO Dr. Karen West said in a written statement.

In recent years, UT and Tennessee’s other dental school, at Meharry Medical College in Nashville, have started to add a few slots. Nationally, enrollment has surpassed 1980 levels, with the number of graduates hitting roughly 6,500 a year, though the U.S. population has also grown since then.

“Now the pendulum has swung the other way,” said Dr. James Ragain, dean of the UT College of Dentistry in Memphis.

But to expand by more than a handful of spots, Ragain said, schools need cash to build out the physical space and purchase equipment, such as sophisticated mannequins used by first-year students.

“Dentistry is a hand-skills profession,” Ragain said, contrasting dental schools with medical schools, which start out with classwork and then lean heavily on hospitals as their training grounds. “We do the clinical training.”

Providing the hands-on training and employing full-time dentists as professors, who are demanding ever-higher salaries, are the main drivers of escalating tuition, Ragain said.

The four years of dental school usually cost more than the four years of medical school. And with an average school debt of $300,000, many dentists don’t want to practice in a small town with few patients covered by commercial insurance and many retirees on Medicare, which doesn’t pay for most dental work.

So dentists prefer to work in the suburbs, where more people have private insurance through employers.

“The first thing that comes to mind is that I have $400,000 of loans,” said Dr. Ratrice Jackson, who graduated in 2018 from Meharry, one of the few historically Black dental schools. She then completed an optional two-year residency in Florida to become a pediatric specialist and now works in a Dallas suburb. “I hate that it is that way.”

While the career can be lucrative, Jackson said, the loans scare off people who would make great dentists. “A lot of people don’t want to be $500,000 in debt,” she said, adding that her monthly student loan payment is $4,500.

The median annual salary for a dentist is roughly $160,000, though specialists and practice owners make considerably more.

The expansion of dental schools alone isn’t expected to solve the clustered shortages. So as part of Tennessee’s oral health push, the state is also proposing to pay off student loans for dentists who work in high-need areas for three years, similar to an existing state program for primary care physicians.

The ADA has been pushing Congress to provide help through several bills involving loan deferment and refinancing. And some states already have loan forgiveness programs.

Dentists helped craft the Tennessee plan and are generally supportive. But Dr. Jeannie Beauchamp, president of the American Academy of Pediatric Dentistry, said the low rates paid by Medicaid in Tennessee still must be addressed. A practice like hers in Clarksville, Tennessee, could not have more than 35% or 40% of its patients on Medicaid, she said, “because you’d go broke.”

Tennessee’s program, known as TennCare, has proposed increasing reimbursement for pediatric dental services by an average of 6.5% this year. But rates haven’t been set for the 600,000 adults who would be newly covered.

Leaders in a number of Republican-led states have been convinced in recent years that poor oral health is dragging down overall health and even holding back their state economies, aligning with Medicaid advocates who have been calling for benefit expansion for years. They, too, say payments need to increase so dentists will accept the coverage.

A report from the Tennessee Justice Center finds that just 53% of children in the state’s Medicaid program saw a dentist in 2019, despite having coverage.

“We have to figure out how we make Medicaid more attractive for more providers,” said Kinika Young, the nonprofit advocacy center’s senior director of health policy and equity. “There’s not enough to even see the children … so we need more providers to step up.”

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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By Blake Farmer, Nashville Public Radio
Kaiser Health News is a nonprofit news service covering health issues. It is an editorially independent program of the Kaiser Family Foundation, which is not affiliated with Kaiser Permanente.

 
 

Clipped from: https://www.physiciansweekly.com/tennessee-offers-to-expand-dental-schools-as-medicaid-coverage-stretches-need/