Issue #166

Key Updates:

The Medicaid and CHIP Payment and Access Commission (MACPAC) met on December 14-15 to discuss topics including: Medicaid sexual orientation and gender identity data collection, barriers to improving transparency of Medicaid financing, analysis of Medicaid DSH allotments to states, engaging beneficiaries through Medical Care Advisory Committees (MCACs) to inform Medicaid policymaking, data update on unwinding the continuous coverage provision, potential areas for comment on the CMS proposed rule on Medicare Advantage for 2025, highlights from MACStats 2023, Medicare-Medicaid plan (MMP) transition monitoring, and the future of integrated care for dually eligible beneficiaries (MACPAC, December 14-15).

HHS Secretary, Xavier Becerra, sent letters to the governors of nine states – Arkansas, Florida, Georgia, Idaho, Montana, New Hampshire, Ohio, South Dakota, and Texas – with the highest Medicaid disenrollment rates for children, urging them to adopt additional strategies to help prevent children and their families from losing needed coverage. These nine states are responsible for 60% of children’s coverage losses between March and September of this year (POLITICO Pro, December 18; HHS, December 18).

On December 15, CMS announced they will offer up to $17 million in funding over 10 years for up to 15 states to test Medicaid initiatives designed to address the maternal health crisis through the Transforming Maternal Health program.  The program is intended to provide a holistic approach to childbirth and postpartum care that addresses patients’ physical, mental, and social needs (Modern Healthcare, December 15; Inside Health Policy, December 15).

From December 13 to December 20, CMS approved 17 SPAs.

Federal Updates

Featured Content

December MACPAC Meeting

  • The Medicaid and CHIP Payment and Access Commission (MACPAC) met on December 14-15 to discuss topics including: Medicaid sexual orientation and gender identity data collection, barriers to improving transparency of Medicaid financing, analysis of Medicaid DSH allotments to states, engaging beneficiaries through Medical Care Advisory Committees (MCACs) to inform Medicaid policymaking, data update on unwinding the continuous coverage provision, potential areas for comment on the CMS proposed rule on Medicare Advantage for 2025, highlights from MACStats 2023, Medicare-Medicaid plan (MMP) transition monitoring, and the future of integrated care for dually eligible beneficiaries (MACPAC, December 14-15).
    • MACPAC is focused on assessing and addressing health disparities through the collection of data regarding primary language and limited English proficiency (LEP), sexual orientation and gender identity (SOGI), and disability. The Commission reviewed the purpose of SOGI data and the federal and state priorities for collecting this information, including an overview of the new guidance from CMS regarding SOGI data on Medicaid applications. The Commission also reviewed how this information is currently collected and data privacy considerations (MACPAC, December 14).
    • MACPAC reviewed themes from expert interviews about the challenges in improving the transparency of Medicaid financing. The presentation reviewed previous work on Medicaid financing. Barriers to transparency included unclear goals of additional transparency requirements; incomplete information about state-level methods and amounts; multiple approaches to collect provider-level financing amounts; and challenges to using these amounts to calculate net payments (MACPAC, December 14).
    • MACPAC presented that disproportionate share hospital (DSH) payments have no significant relationship with the measures of need that Congress tasked the Commission with considering. These include the changes in the number of uninsured individuals, amounts and sources of uncompensated care, and hospitals with high levels of uncompensated care that also provide access to essential community services. MACPAC estimates that FY 2024 DSH allotments will be reduced by 51%, or $8 billion, on January 20, 2024, due to the scheduled reductions outlined in the Further Continuing Appropriations and Other Extensions Act, 2024 (MACPAC, December 14).
    • The Commission continued its discussion on the role of MCACs in supporting state Medicaid agencies’ policymaking efforts and including beneficiaries’ voices in program structure. The MACPAC staff presented a draft chapter for the March 2024 report to Congress with three recommendations on how states can improve beneficiary experience and how the federal government can support these efforts. The first recommendation was to have CMS issue guidance related to concerns of beneficiary recruitment challenges, strategies to facilitate beneficiary engagement, and to clarify financial arrangements to best facilitate engagement with the MCAC. The second recommendation was that state Medicaid agencies should include provision in their bylaws that promote diverse beneficiary recruitment. The final recommendation was that state Medicaid agencies should develop and implement a plan to streamline the application process and reduce the requirements needed to apply. The Commission voted in favor of the recommendations (MACPAC, December 14).
    • This presentation provided an update of the unwinding of the continuous coverage process to the Commission. It included the most recent data available from CMS on renewal outcomes, changes in enrollment, and operational outcomes. As of August 2023, 50% of all redeterminations conducted have resulted in a renewal of coverage. 7.5 million have had their coverage terminated, 73% of which were terminated for procedural reasons. From March to July 2023 overall enrollment in Medicaid decreased, though 12 states experienced increases in enrollment. Regarding transitions of coverage from Medicaid to the Marketplace, state exchanges had higher percentages of people selecting a plan compared to the Federal exchange, 12% compared to 8%. For operations, call center volume increased in all but three states. And average wait time and call abandonment rates varied widely across states. Finally, there was an overall increase in Medicaid and CHIP applications submitted in July 2023, though 12 states experienced a decline in applications. 70% of MAGI applications were processed within seven days across 48 states that report this data (MACPAC, December 14).
    • The Commission discussed the CMS proposed rule that would make technical changes to Medicare Advantage and Medicare Part D for 2025. This includes dual eligible special needs plans (D-SNPs). The presentation summarized the proposed provisions that affect dual eligible beneficiaries and that overlap with the Commission’s current work. The Commission plans to discuss further and comment on the proposed rule (MACPAC, December 14).
    • MACPAC shared their annual highlights from the MACStats: Medicaid and CHIP Data Book, which complies the most current data on the programs into a single, end-of-year publication. The publication includes data and statistics on enrollment, spending, and key aspects of the programs, including federal match rates, access to care, and eligibility levels across the country (MACPAC, December 14).
    • MACPAC staff discussed the transition monitoring framework that was put in place after the May 2022 final rule that sunsets MMPs, encouraging all states with MMPs to transition beneficiaries to integrated D-SNPs. The final rule contained changes to increase D-SNP integration by including specific elements of MMPs. The transition monitoring framework includes stakeholder engagement, procurement activities, system changes, and enrollment processes. MACPAC staff reviewed the stakeholder engagement that has been completed through existing strategies such as advisory committees and the ombudsman program, and enhanced strategies including listening session, focus groups, and virtual outreach. The next step is procurement activities for most MMP states, but during this process, states are likely to stop stakeholder engagement processes (MACPAC, December 15).
    • MACPAC invited three panelists to participate in a discussion about the MMP transition, state considerations for those developing integrated D-SNPs, and the future of integrated care for dually eligible beneficiaries, offering MACPAC commissioners the opportunity to engage in a larger conversation. Panelists included: Tim Engelhardt, Director, Medicare-Medicaid Coordination Office, CMS; Michael Monson, CEO and President, Altarum; and Michelle Herman Soper, VP of Public Policy, Commonwealth Care Alliance (MACPAC, December 15).

CMS Announces Funding Opportunity for Maternal Health Initiatives

  • On December 15, CMS announced they will offer up to $17 million in funding over 10 years for up to 15 states to test Medicaid initiatives designed to address the maternal health crisis through the Transforming Maternal Health program. The program is intended to provide a holistic approach to childbirth and postpartum care that addresses patients’ physical, mental, and social needs. CMS hopes that the funding offered to states through the program will encourage them to improve care from the pre-natal  through the postpartum period by facilitating or improving access to midwives, doulas, and social workers and by licensing birthing centers, particularly in rural and low-income areas (Modern Healthcare, December 15; Inside Health Policy, December 15).

News

  • On December 14, the Healthcare Leadership Council (HLC) announced a plan of action to address and improve the sharing of healthcare data during public health emergencies. The HLC released a statement highlighting their plan to create a template to establish data use agreements between health entities that use a standardized group of data standards and elements of information to be used in emergencies. The updated actions will be able to be used in many types of emergencies, including disease outbreaks, cybersecurity breaches, and natural disasters (Inside Health Policy, December 14).

Federal Regulation

  • On December 15 the FDA announced that it is making class-wide changes to the required labeling for opioid drugs. The agency is also requesting that healthcare professionals be more selective when prescribing opioid analgesic products. The new labels must include language stating that the risk of opioid overdose increases with increased dosage; immediate-release (IR) opioids should not be used for prolonged periods of time unless pain is severe and other options are ineffective; many acute pain conditions require only a few days of medication; and that extended-release or long-acting (ER/LA) opioids should be reserved for “severe and persistent pain” that is not alleviated by other treatments. Other labeling requirements will include information about opioid-induced hyperalgesia (OIH) which can cause an increase in or sensitivity to pain. The labeling change is part of the FDA’s Overdose Prevention Framework and aims to eliminate unnecessary initial opioid prescriptions and inappropriate prolonged prescribing (Inside Health Policy, December 15).

Federal Studies and Reports

  • The CMS national health spending report for 2022 established that Medicaid spending overall increased by 9.6% to almost $806 billion that year, marking the third consecutive year of growth greater than 9%. Medicaid enrollment spiked throughout the three years of the pandemic, topping out at approximately 94.2 million in April 2023. According to a KFF analysis of state data, more than 12.5 million beneficiaries have been disenrolled from Medicaid since April. Overall, Medicaid was responsible for 18% of total healthcare expenditures in 2022 (Inside Health Policy, December 13).
State Updates

HHS Secretary Urges States to Maintain Children’s Medical Coverage

  • On December 18, HHS released new data on Medicaid and CHIP enrollment changes among children after eligibility renewals restarted earlier this year following the end of the PHE. There were three key highlights found according to the newest round of data:
    • States that have engaged more of the federal strategies provided by CMS and prioritized ex parte renewals to reduce bureaucratic paperwork for families have helped more eligible children renew Medicaid and CHIP coverage.
    • Children are falling through the cracks because of barriers to coverage, including failure by states to expand Medicaid. The 10 states that have not expanded Medicaid have disenrolled more children than the combined numbers from expansion states. In these non-expansion states, youth who turned 19 while the continuous enrollment condition was in place are at a higher risk of losing coverage and becoming uninsured. They account for, on average, 27.6% of disenrollments among children in non-expansion states since March 2023, compared to 12.1% of disenrollments in states that have expanded.
    • More than 88 million people, including 40 million children, were enrolled in Medicaid and CHIP as of September 2023. In February 2020, about 71 million people were enrolled in Medicaid and CHIP, including 35 million children.
    • HHS Secretary, Xavier Becerra, sent letters to the governors of nine states – Arkansas, Florida, Georgia, Idaho, Montana, New Hampshire, Ohio, South Dakota, and Texas – with the highest disenrollment rates for children, urging them to adopt additional strategies to help prevent children and their families from losing needed coverage. These nine states are responsible for 60% of children’s coverage losses occurring between March and September of this year.

In addition to the newly released HHS data slide deck, CMS released an Informational Bulletin (IB) that highlighted additional approaches states can use to keep eligible children enrolled at least through the end of 2024 (POLITICO Pro, December 18; HHS, December 18).


SPAs

  • Administrative SPAs
    • Kansas (KS-23-0025, effective January 1, 2024): Mandates certain Medicaid eligible beneficiaries receive services through managed care organizations.
    • Kansas (KS-23-0038, effective January 1, 2024): Amends the Medicaid waiver authority for the Working Healthy Alternative Benefit Plan (ABP) managed care program from a Section 1115 to Section 1915(b).
  • Payment SPAs
    • Arkansas (AR-23-0002, effective January 1, 2024): Updates Outpatient Behavioral Health and Individual Counseling rates.
    • California (CA-23-0007, effective January 1, 2023): Provides fee-for-service (FFS) inpatient hospital supplemental payments in addition to base rate payments and other supplemental payments, to California private hospitals.
    • California (CA-23-0008, effective January 1, 2023): Provides FFS outpatient hospital supplemental payments in addition to base rate payments and other supplemental payments, to California private hospitals for hospital outpatient services for the service period of January 1, 2023, to December 31, 2024..
    • Connecticut (CT-23-0020, effective September 1, 2023): Provides outpatient supplemental payments to non-governmental independent licensed short-term general hospitals that are financially distressed.
    • Connecticut (CT-23-0021, effective October 1, 2023): Increases rates under the Connecticut Home Care Program for Elders (CHCPE)
    • Florida (FL-23-0008, effective July 4, 2023): Updates Multi-Visceral Intestine Transplant reimbursement.
    • Kansas (KS-23-0039, effective January 1, 2024): Establishes payment methodologies for ABP benefits that are not provided through managed care.
    • Kansas (KS-23-0043, effective January 1, 2023): Provides for coverage and payment of bath and toilet aids under the durable medical equipment benefit.
    • Massachusetts (MA-23-0057, effective September 29, 2023): Updates the methods and standards used to determine the rates of payment for supplemental payments for non-public ambulance providers.
    • New York (NY-22-0019, effective January 1, 2022): Adjusts the payment rates for freestanding clinics and ambulatory surgical centers to meet state statutory minimum wage requirements.
    • Ohio (OH-23-0034, effective January 1, 2024): Updates the rates for Ambulatory Health Care Clinics (AHCCs) and Dialysis Center Services.
    • Puerto Rico (PR-23-0006, effective January 1, 2023): Revises reimbursement and coverage for prescribed drugs to meet the Covered Outpatient Drug final rule with comment period (CMS-2345-FC).
  • Services SPAs
    • Kansas (KS-23-0026, effective January 1, 2024): Adds the Supports and Training for Employing People Successfully (STEPS) program to the ABP.
    • Mississippi (MS-23-0015, effective April 1, 2023): Extends Medicaid coverage for 12 months postpartum period for individuals who were Medicaid eligible and enrolled during their pregnancies (including during a period of retroactive eligibility).
    • Oregon (OR-23-0034, effective October 1, 2023): Adds coverage of Certified Recovery Mentor (CRM) under the “Other Licensed Practitioner” services.

News

  • Kansas Governor, Laura Kelly, has introduced a bill designed to convince state lawmakers to back Medicaid expansion. Governor Kelly believes that the plan is “revenue neutral” and will expand coverage to 150,000 additional Kansans who currently make too much money to qualify for the program without costing the state more money. Governor Kelly’s plan would include work requirements and seeks to cut healthcare costs, create jobs, and grow the economy at no additional cost for taxpayers. With expansion, the federal government would cover 90% of the costs with the remaining 10% coming from the state budget and completely covered by drug rebates, a hospital fee, savings from higher reimbursement rates for existing Medicaid recipients, and additional federal funding (Health Payer Specialist, December 18).
  • Rhode Island is restarting its Medicaid managed care bidding process after scrapping its initial effort earlier this year in May. Blue Cross Blue Shield of Rhode Island and Tufts Health Plan, now rebranded as Point32Health following a merger with Harvard Pilgrim Health Care, had issues with the submission of their bids. Molina, United, Neighborhood Health Plan of Rhode Island, and Commonwealth Care Alliance submitted bids without issue. The new bids are due on February 23, 2024, and contracts will start on July 1, 2025. The new contracts will be for five years with the possibility of an annual extension for up to five years following the end date of the original contract. The current contract holders, Tufts, UnitedHealth, and Neighborhood Health have agreed to an extension of services until June 30, 2025 (Health Payer Specialist, December 18).
Private Sector Updates

News

  • After initially suspending the $2.5 billion deal in September of this year due to policyholder and regulatory concerns, Elevance and Blue Cross Blue Shield of Louisiana (BCBS) filed a new application to convert from a nonprofit to a for-profit company should Elevance be permitted to acquire BCBS. The updated application includes changes to the structure of the multi-billion-dollar foundation, the Accelerate Louisiana Initiative, which would receive more than 90% of the deal’s proceeds. Two-thirds of BCBS policyholders and the state insurance department must approve the deal. If approved, the insurers plan to close the deal during the first quarter of 2024 (Modern Healthcare, December 15).
Sellers Dorsey Updates
  • Recently, we sat down with several Sellers Dorsey team members and asked them what our five core values mean to them. Accountability, Well-Being, Openness, Respect, and Growth. Reflected across the Firm from coast to coast, our core values shape our people, guide us toward fulfilling our mission, and maximize our impact. Explore what our team has to say when you watch our Core Values video series by clicking the link here.

 


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