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Supreme Court Refuses Medicaid Case, But Alito Makes Statement

[MM Curator Summary]: SCOTUS has noticed that the actuarial profession is allowed to set key definitions in CFR- which may need to be done by the government and not a private organization.

 
 

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.

 
 

 
 

Associate Justice Samuel Alito

Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch appeared displeased in an official statement Monday that legal “complications” deprived them of an opportunity to rule on a problematic and costly Medicaid rule.

The Supreme Court of the United States denied certiorari Monday in Texas v. Commissioner of Internal Revenue, thus leaving in place a federal rule that some say violates constitutional rules against delegating legislative authority to non-government entities.

The 2010 Affordable Care Act imposed a tax on all health insurance providers, including the health maintenance organizations (HMOs) used by states to run their Medicaid programs.  The amount of the tax due from each provider was assessed each year based on that provider’s individual market share. State governments, in turn, would then reimburse the HMOs for any taxes paid.

Problematically, however, federal law requires that individual states fund their Medicaid programs “on an actuarially sound basis” without Congress’ having ever specified what “actuarially sound” means. The Department of Health and Human Services (HHS) defined “actuarially sound” to mean comporting with standards set by the American Academy of Actuaries (AAA). The issue with such a standard, however, is that AAA is a private entity.

Texas and four other states brought a federal lawsuit against HHS to recoup the funds it paid to HMOs for tax reimbursements. The crux of Texas’ lawsuit was that HHS illegally delegated its authority to a private organization, resulting in a private actuarial group improperly holding power over individual states. Theoretically, the AAA could deprive a state of the ability to participate in Medicaid if it refused to certify that state’s payment structure as not “actuarially sound.”

The underlying tax at issue — known as Health Insurance Provider Fee (HIPF) — was repealed in 2020. The HHS rule that allows the AAA rule to apply to state Medicaid payments, however, is still in effect.

The private non-delegation doctrine is a principle of constitutional and administrative law that prohibits legislative bodies from delegating their powers to private entities. The principle stems from general separation of powers tenets, just as the general non-delegation doctrine prohibit Congress from delegating legislative authority to other branches of government.

The US. District Court sided with the state plaintiffs, holding that that HHS had violated the private non-delegation doctrine. A panel of the U.S. Court of Appeals for the Fifth Circuit, however, reversed in 2020, and denied a rehearing en banc. Texas and the others, therefore, petitioned SCOTUS for certiorari.

In a four-page statement on the Court’s denial of certiorari, Alito (joined by Thomas and Gorsuch) called the dispute presented “an important separation-of-powers question.” Alito explained that the prohibition against delegating regulatory authority to private entities exists “to ensure the Government remains accountable to the public.” Allowing a private entity to set the standards for Medicaid participation “was no inconsequential matter,” according to Alito. Rather, he said, “It has cost the States hundreds of millions of dollars.”

Still, the Court will not consider the case in its current posture — a decision Alito was clear to lay at the feet of the federal government itself. As the Biden administration argued, Congress has already repealed the tax involved in the case, so no future injury will result from its arguably improper standards. Further, the government contends that the six-year statute of limitations has run on the HHS rule (which was adopted in 2o02). Those procedural “complications” raised by the government convinced Justices Alito, Thomas and Gorsuch to “reluctantly concur in the denial of certiorari.”

The conservative trio ended their brief statement with something of a warning shot, though: “However, if the determinations of the Actuarial Standards Board have any future effect, review should be granted in an appropriate case.”

[image via Erin Schaff-Pool/Getty Images]

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Clipped from: https://lawandcrime.com/supreme-court/scotus-refuses-to-hear-medicaid-challenge-but-justices-alito-thomas-and-gorsuch-had-some-thoughts-about-hhs-use-of-private-entities-to-make-rules/

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CA- Org Streamlines Billing, Authorizations in Public Payer Coverage

[MM Curator Summary]: A CA MCO is investing in its tech stack to improve services to members.

 
 

The article below has been highlighted and summarized by our research team. It is provided here for member convenience as part of our Curator service.

 
 

CalOptima sought to make claims processing and prior authorizations more efficient for members with public payer coverage by revamping its technologies.

 
 

Source: Getty Images

 
 

By Kelsey Waddill

March 30, 2022 – CalOptima—a county-organized health system that offers care through public payer coverage, including Medicaid, Medicare Advantage, and Medicare-Medicaid plans—is launching a five-year strategy to streamline claims reimbursements and authorization processes.

“As the single largest health plan in Orange County, CalOptima provides care for one in four residents. We take that enormous responsibility seriously, and our members are counting on us to help them access the right care at the right time,” said Michael Hunn, chief executive officer of CalOptima.

“Automated technology will allow members to receive same-day authorizations, helping them access needed treatments and specialist care on a timely basis.”

CalOptima will dedicate $100 million to the new strategy, which will go toward acquiring new technologies and establishing a health information exchange. The organization will take a cloud-first approach, which CalOptima assured would be HIPAA compliant and armed against cyberattacks. 

According to CalOptima, this move will make the organization the first in California to adopt real-time claims processing technology for the state’s federal Medicaid program.

“The changes articulated in the new vision will help reduce delays and barriers to care for our members, as well as attract more providers to work with CalOptima,” said Supervisor Andrew Do, chair of the CalOptima Board of Directors. “Understanding the life changes in our members will also allow CalOptima to help our members address insecurities in their daily needs that may impact their physical and mental health.”

The organization has modified its mission and vision statements to encompass these goals. The mission statement revolves around upholding human dignity, and the vision statement stretches into 2027.

“By 2027, remove barriers to health care access for our members, implement same day treatment authorizations and real-time claims payments for our providers, and annually assess members’ social determinants of health,” the new five-year vision explains. 

In addition to the $100 million investment, CalOptima will also dedicate $8 million to a program that will launch through the Orange County Interagency Council on Homeless Health Care (OCICHHC). 

OCICHHC brings together CalOptima and other healthcare stakeholders to address homelessness in Orange County, a region that experienced one of its highest death rates in the homeless community in 2021.

In response, OCICHHC launched a street medicine program. The program sends healthcare professionals and social workers in mobile teams out into the streets of Orange County to meet homeless individuals and connect them with necessary treatments. These efforts directly target the high mortality rate in Orange County’s unhoused community.

“The health care crisis among our homeless population has been a significant challenge,” said Supervisor Doug Chaffee, chairman of the Orange County Board of Supervisors and CalOptima board member. 

“However, we are moving in a proactive direction by forming the Street Medicine team, which will assist our Medi-Cal members who are experiencing homelessness. A vast majority of our homeless Medi-Cal members lack access to medical care, and this team will help address the need by eliminating barriers and linking them to much needed medical care and social services. My hope is that this initiative will help reduce the number of mortalities among the homeless population.”

Other board members applauded the investments in technology, citing the impact these advancements and the street medicine program could have on Orange County community health. They also noted the influence that the street medicine program could have by reducing barriers to access to care.

While CalOptima has tackled healthcare for the homeless through Medicaid coverage, other payer industry leaders have supported using Medicare Advantage special needs plans to provide access to care for the homeless population.

Other payers leverage community data to guide their philanthropic investments for the unhoused community.

Clipped from: https://healthpayerintelligence.com/news/org-streamlines-billing-authorizations-in-public-payer-coverage
 

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OR- Oregon to pay $22.5M to settle Medicaid contractor dispute

[MM Curator Summary]: The state will give $22M to a plan it helped to put out of business; the remaining 4 employees will donate the money to a local Medical school.

 
 

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 long, acrimonious legal battle between state Medicaid contractor FamilyCare Inc. and the Oregon Health Authority has ended with the state agreeing to pay $22.5 million to the company.

FamilyCare has agreed to donate that money to a medical school in Lebanon, Oregon. The Oregonian/OregonLive reported. It was a Pyrrhic victory for FamilyCare’s founder and CEO Jeff Heatherington. The company has shrunk from 370 employees to four.

“Nothing will change the fact that we had the company going and we had 370 of the finest people I have ever worked with,” Heatherington said.

In 1989, the state created the Oregon Health Plan, an ambitious attempt to reform the healthcare system. The effort called for coordinated care organizations to be formed to administer the Medicaid system at a local level.

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FamilyCare was one of two such organizations in the metro area.

The company clashed with the health authority repeatedly over rates, saying the state allowed the other metro-area CCO to charge more than FamilyCare.

The state claimed Health Share deserved to be paid more because its customers tended to be poorer and sicker. FamilyCare sued in 2017.

The Oregon Health Authority admitted no wrongdoing in the settlement.

Oregon Health Authority Director Patrick Allen said, “I am glad we could resolve these proceedings with an agreement that invests in the future of Oregon’s healthcare workforce and strengthens our healthcare system.”

Clipped from: https://www.modernhealthcare.com/medicaid/oregon-pay-225m-settle-medicaid-contractor-dispute

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Compassionate Homecare to Pay $6.53M to Resolve Allegations; OIG Releases Medicaid Fraud Report

[MM Curator Summary]: Compassionate Homecare execs stole $6.5M from MA Medicaid with an un-authorized services scam.

 
 

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.

 
 

Compassionate Homecare Inc., has agreed to pay $6.53 million to MassHealth in order to resolve allegations of unauthorized billing for services.

The settlement irons out a 2018 lawsuit filed by the Attorney General’s office against Compassionate. The state’s lawsuit alleges that the company stole millions of dollars from MassHealth.

Aside from the $6.53 million settlement, $375,000 will be earmarked for payment of unpaid wages for former Compassionate employees.

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“This settlement is a victory for MassHealth and for workers who deserve to be paid back for missed wages,” Maura Healey, the attorney general of Massachusetts, said in a press release. “We will continue to protect the integrity of our MassHealth program and ensure compliance with our wage and hour laws.”

Compassionate owner, Francis Kimaru, pleaded guilty to separate criminal charges brought in by the Attorney General’s Medicaid Fraud Division in September 2019. Kimaru confessed to over-billing and falsely billing for services that were not authorized by a physician, or provided to patients.

The company also filed for bankruptcy in May 2020.

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OIG releases Medicaid fraud report

In addition to Massachusetts’ fraud news, the U.S. Department of Health and Human Services Office of Inspector General (OIG) recently released its latest Medicaid fraud report.

The report examines data from 2021 annual statistical reports that 53 Medicaid Fraud Control Units (MFCU) submitted to the OIG.

Overall, fraud convictions were about 70% of all 2021 convictions.

OIG saw an increase in total convictions resulting from MFCU cases, which went from 1,017 in 2020 to 1,105 in 2021. MFCU cases checked in at 780 convictions for fraud and 325 convictions for patient abuse or neglect.

Personal care workers and agencies had the highest number of fraud convictions each year from 2017 through 2021 compared to other types of providers.

In fact, there were 329 fraud convictions involving personal care workers and agencies, or 42% of the total 780 fraud convictions in 2021.

Personal care workers, or other home care aides, also made up a significant amount of the convictions for patient abuse or neglect. Specifically, workers in this sector accounted for 69, or 21%, of the total 325 convictions for patient abuse or neglect.

In total, MFCU criminal recoveries increased from $173 million in 2020 to $857 million in 2021. OIG credits cases prosecuted by MFCUs in Virginia and Texas for the increase in criminal recovery amounts.

In 2021, the OIG saw the total number of civil settlements and judgments decrease from 786 in 2020 to 716, though the pandemic may have resulted in skewed numbers.

 
 

Clipped from: https://homehealthcarenews.com/2022/03/compassionate-homecare-to-pay-6-53m-to-resolve-allegations-oig-releases-medicaid-fraud-report/

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Medicaid fraud bill introduced

[MM Curator Summary]: A proposed federal law would expand efforts to ensure Medicaid benefits do not go to those eligible for them.

 
 

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.

 
 

WASHINGTON Sen. John Kennedy (R-La.)  joined Sen. Jim Inhofe (R-Okla.) in introducing the Protecting Medicaid Beneficiaries Act to expand existing safeguards for Medicaid.

 “The Protecting Medicaid Beneficiaries Act would safeguard tax dollars by helping ensure Medicaid assistance goes to those who actually need it, and I’m proud to partner with Sen. Inhofe to protect Medicaid recipients,” said Kennedy.

 “If you look at the numbers, it is clear that fraud is rampant within Medicaid, and billions of dollars are wasted every year as a result. Those who truly need Medicaid, should be able to get Medicaid, and our taxpayer dollars should be preserved to that end. For that to happen, we must ensure that individuals trying to game the system are discovered in the first place. That’s why I am glad to introduce the Protecting Medicaid Beneficiaries Act—a bill that will go a long way in ensuring those who need Medicaid, get Medicaid by rooting out misuse of taxpayer dollars within the system and promoting fiscal integrity,” said Inhofe.

 The Protecting Medicaid Beneficiaries Act would expand the Asset Verification Services (AVS) program, which helps ensure that Medicaid beneficiaries are legally eligible to receive benefits, to all Medicaid applicants.  According to certain estimates as of 2012, waste and fraud accounted for the loss of 10 percent of Medicaid and Medicare spending.  As of 2018, the Louisiana Department of Health had sent Medicaid payments to many individuals who were ineligible for them, including people making more than $100,000 annually.

 
 

Clipped from: https://www.thewestsidejournal.com/news/medicaid-fraud-bill-introduced/article_5d1bfae8-b041-11ec-9da5-bf925fb09636.html

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SC Dept. of Health and Human Services extends Medicaid coverage for new, expecting mothers

[MM Curator Summary]: SC joins the states that have taken ARPA funds to address maternal mortality in Medicaid.

 
 

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 new extension extends coverage from 60 days to 12 months postpartum for new and expecting mothers and includes full benefits for women who qualify for Medicaid because they are pregnant.(Live 5/File)

COLUMBIA, S.C. (WCSC) – The South Carolina Department of Health and Human Services on Tuesday announced extended Medicaid coverage for new and expecting mothers.

The new extension extends coverage from 60 days to 12 months postpartum for new and expecting mothers and includes full benefits for women who qualify for Medicaid because they are pregnant.

The South Carolina Maternal Morbidity and Mortality Review Committee says 80% of pregnancy-related deaths occur between birth and one-year postpartum. They say 14% of those deaths happen after six weeks postpartum.

“Establishing continuous health care coverage during a new mother’s first year postpartum is critical to supporting strong family foundations,” SCDHHS Director Robby Kerr said. “In South Carolina, 14% of pregnancy-related deaths occur between six weeks and one-year postpartum. This policy change will enable necessary health monitoring and care coordination as providers factor in the extension to their care plans. As the health care coverage payor for 60% of the births in South Carolina, SCDHHS is well-positioned to use this targeted investment in the traditional Medicaid population to help improve the state’s maternal mortality rate and support the healthiest possible start to life for South Carolina’s youngest citizens.”

The agency says it has pushed for expanding coverage of the benefits since 2019 through its Healthy Connections Community Engagement Initiative.

 
 

Clipped from: https://www.live5news.com/2022/03/29/sc-dept-health-human-services-extends-medicaid-coverage-new-expecting-mothers/

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KS- Kelly administration counters AG’s opinion on extending $4 billion Medicaid contracts

[MM Curator Summary]: The current Governor wants to get the deal done; the legislature wants to punt it for the next guy (or gal).

 
 

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.

 
 

Governor, Schmidt clash on legislative push for 1-year, no-bid extension

 
 

Democratic Gov. Laura Kelly and Republican Attorney General Derek Schmidt, likely opponents in the November election for governor, disagree on whether the Legislature can force extension of the state’s $4 billion Medicaid contract for one year. (Tim Carpenter/Kansas Reflector)

TOPEKA — The administration of Gov. Laura Kelly sent a letter to leaders of the Kansas Legislature urging removal of a budget provision mandating a one-year extension of the $4 billion Medicaid contracts because the move raised constitutional questions and conflicted with decisions of the Kansas Supreme Court and past opinions of the state attorney general’s office.

Will Lawrence, chief of staff to the governor, forwarded Monday a letter to more than a dozen legislators and Attorney General Derek Schmidt pointing to legal risks of a moratorium on rebidding the contract for services to approximately 500,000 Kansans enrolled in Medicaid. GOP legislators sought delay of work updating the KanCare contract until after the November election in which voters will decide whether to re-elect or replace the Democratic governor. Schmidt is campaigning for the GOP nomination for governor.

Legislation introduced in the House to freeze the contract with three managed-care companies until the end of 2024 generated no public support, but passed a GOP-led committee. Instead of campaigning for that bill, Republican lawmakers simply dropped a provision into a budget bill requiring the delay.

The Kansas Department of Health and Environment would be required to request permission from federal regulators at the Centers for Medicare and Medicaid Services for a delay in renewing the contracts. In addition, KDHE would negotiate to lengthen contracts with KanCare’s managed-care companies — Sunflower State Health Plan, United Healthcare and Aetna Better Health of Kansas.

Four House Democrats uncertain if it was legal to circumvent scheduled expiration of the state’s Medicaid contract asked Schmidt for a legal opinion on Feb. 15. On Friday, Schmidt responded by declaring the Legislature possessed authority to prevent the Kelly administration from proceeding with work on revising and rebidding the Medicaid contract.

Schmidt said there wasn’t a constitutional or statutory requirement that state contracts go through a competitive bidding process. He said the Legislature, as the appropriating authority for the state, had “constitutional power to determine how state funds are allocated and spent.”

“The Legislature may lawfully alter the procurement process for a state agency through new legislation,” the attorney general said. “This includes modifying, delaying or eliminating the competitive bid process and directing the (state agency) secretary in its management of the KanCare system.”

 
 

On the other hand

Lawrence’s letter said Schmidt’s “cavalier-at-best” response omitted previous attorney general opinions and a decision of the Kansas Supreme Court indicating intrusion by the Legislature into the executive branch’s contracting responsibilities violated the Kansas Constitution. The state’s highest court said nearly half a century ago the issue boiled down to separation of powers, he said.

“For the intrusion by one branch into the duties of another to be unconstitutional, the intrusion must be significant,” Lawrence said. “Here, the intrusion of the Legislature into the administration, as opposed to just the funding of the state’s Medicaid program, is a significant intrusion.”

The bill and budget proviso regarding the Medicaid contract envision the full Legislature or the Legislative Coordinating Council, which includes House and Senate members of both political parties, would assume responsibility for reviewing all major adjustments of KanCare until Jan. 1, 2025. The Kelly administration or a successor governor would be stripped of that power.

Lawrence said an attorney general opinion in 2006 indicated what the Legislature contemplated and Schmidt endorsed was unconstitutional. The issue raised in the past centered on an office lease entered into by a state agency. An attorney general opinion said the Legislature could block funding for a lease. However, the opinion said the Legislature couldn’t prospectively mandate an executive branch agency secure approval of a legislative committee before entering a contract for office space.

Lawrence said the House bill and the companion budget provision regarding Medicaid would “go well beyond legislative oversight of already approved contracts to an attempt to expand its role to one of shared administration.”

Lawrence took issue with Schmidt’s placement in a footnote of his opinion the potential of the U.S. Department of Health and Human Services withholding federal funding from Kansas if the state extended the contracts without permission of Medicaid regulators.

“There is very little rationale as to why a bill which had no proponents and a multitude of opponents has advanced this far,” Lawrence said. “We have moved from a discussion of bad policy to one of severe legal consequences.”

He said the budget proviso regarding the Medicaid contracts should be deleted from the state appropriations bill and House Bill 2463 accomplishing the same objective ought to be abandoned.

 
 

KDHE secretary’s thoughts

Janet Stanek, secretary of the state Department of Health and Environment, amplified on Lawrence’s letter by wading into complexities of the Legislature unilaterally altering the state’s procurement process by extending terms of the competitively bid Medicaid contract.

She said in a lengthy letter to the attorney general that allowing direct involvement of legislators in administration of KanCare by reviewing “substantive” or “material” changes would impair KDHE’s duty to function as the state Medicaid agency.

Stanek said the mandate “dangerously” relied on the assumption contract extensions with the three for-profit KanCare companies could be negotiated and that the federal CMS would agree to the change.

Here is what the federal government says about usurping KDHE authority of KanCare: “If other state or local agencies or offices perform services for the Medicaid agency, they must not have the authority to change or disapprove any administrative decision of that agency, or otherwise substitute their judgment for that of the Medicaid agency with respect to the applications of policies, rules and regulations issued by the Medicaid agency.” 

 
 

Clipped from: https://kansasreflector.com/2022/03/29/kelly-administration-counters-ags-opinion-on-extending-4-billion-medicaid-contracts/

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Low COVID-19 vaccination rates among Medicaid beneficiaries cause for concern: senators

 
 

[MM Curator Summary]: Senators think low Medicaid vax rates can be addressed with better data.

 
 

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.

 
 

 
 

(Credit: Morsa Images / Getty Images)

Concern over lagging vaccination rates among Medicaid beneficiaries has prompted two Democratic leaders to request a study from the Government Accountability Office on potential barriers to vaccination.

Sens. Bob Casey (D-PA), chairman of the Senate Special Committee on Aging, and Ron Wyden (D-Oregon), chairman of the Senate Committee on Finance, asked for the study Friday in a letter to the GAO. They raised concerns that data barriers could impede efforts to increase COVID-19 vaccination rates and address persistent health inequities in older adults, communities of color and low-income individuals.

The legislators cited an analysis from the Center on Budget and Policy Priorities that an estimated 5 million frontline workers are enrolled in Medicaid, making it a “crucial source of coverage for individuals who have risked exposure to COVID-19 in order to maintain our nation’s economy, including the healthcare system and other critical services.”

Nationally, there is a 15% to 20% difference in COVID-19 vaccination rates between Medicaid beneficiaries and people enrolled in other forms of health coverage, according to Duke University researchers.

In a letter to the GAO, the legislators also cited various reports from Kaiser Health News and RollCall identifying administrative and technologic barriers that block or limit access to data that would help Medicaid programs identify unvaccinated beneficiaries. Vaccine hesitancy and economic barriers — including lack of access to transportation, children care and sick leave — also lead to variations in vaccination rates, they said.

In California, for example, 49% of Medicaid enrollees aged 12 or more years were at least partially vaccinated, compared with 74% of Californians overall, according to those reports. Florida and Louisiana showed a 33 percentage point difference in vaccination rates between Medicaid enrollees and the general population, whereas Idaho reported a 40 percentage point difference, Virginia a 34 percentage point difference and West Virginia a 28 percentage point difference. 

“A lack of good data hurts our ability to get shots in arms, which can prolong the pandemic and put high-risk groups in even greater danger,” Casey and Wyden wrote. “Addressing the disparity in vaccination status for Medicaid enrolled and ensuring greater data sharing among different programs is, therefore, vital for protecting essential workers and for addressing health equity concerns related to the pandemic.”

Specifically, the senators asked the GAO to address factors contributing to lower Medicaid vaccination rates, determine how states used data to improve vaccination rates and address vaccination disparities, provide examples of state Medicaid programs that have no or limited access to vaccination data from their state immunization registries, call out differences in COVID-19 vaccination data across states, and identify federal support to improve vaccination outreach, uptake and data monitoring among Medicaid enrollees.

 
 

Clipped from: https://www.mcknightsseniorliving.com/home/news/low-covid-19-vaccination-rates-among-medicaid-beneficiaries-cause-for-concern-senators/

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Ohio Medicaid claims it’s more transparent than other states

[MM Curator Summary]: OH Medicaid is refusing to publish normal reports on MCO MLR rates.

 
 

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.

 
 

Won’t disclose federal information meant as ‘guardrails’ to protect Medicaid

 
 

Dozens of disabled people staged a protest against proposed cuts to Medical, Medicare and Medicaid programs. File photo by Justin Sullivan/Getty Images.

After refusing to disclose federal watchdog reports, the Ohio Department of Medicaid last week claimed that the relevant information it “makes available to the public appears to include at least as much, if not more information.”

It pointed to some of that information Monday, but it’s hard to evaluate whether it meets or exceeds that released in other states’ reports. And the department again declined to give specific examples of the kinds of information in the reports that are trade secrets.

The actions raise questions about the department’s openness and its efforts to police its contractors.

At issue are reports that the department’s billion-dollar contractors are required to file. Known as “medical-loss ratio” reports, they’re meant to ensure that managed-care contractors aren’t excessively profiting off of taxpayer dollars meant to provide health care to the poor and disabled.

The Ohio Medicaid department, which frequently brags about its claimed transparency, was asked in a December open-records request for copies of the federally required reports. Three months later, the department responded by saying it wouldn’t release the reports because the contractors they’re meant to keep tabs on said they contain trade secrets.

The Medicaid Department — a $35 billion a year agency — did release report summaries for 2019, more than two years ago. 

They showed in percentage terms what each of the agency’s five managed-care contractors spent on health care and how much they kept in the form of profit and administrative costs. But the summaries didn’t show the underlying data.

The refusal to release those data raised eyebrows among some who follow the arcane, massive-spending world of Medicaid.

“Withholding these routine, mandatory Medicaid (managed-care organization medical-loss ratio) reports is mystifying,” tweeted Kip Piper, a former director of the Wisconsin Medicaid department and former senior advisor to the administrator of the Centers for Medicare and Medicaid Services, the federal agency in charge of the programs. “This is not trade secret or proprietary data. Odd, troubling, ill-advised decision, frankly.”

More thoughtful reporting, thanks. Withholding these routine, mandatory Medicaid MCO MLR reports is mystifying. This is not trade secret or proprietary data. Odd, troubling, ill-advised decision, frankly.

— Kip Piper (@KipPiper) March 18, 2022

In an interview last week, Piper explained that in turning over the management of care to private companies, governments want them to find efficiencies without being too prescriptive. The MLR reports are meant to act as guardrails to ensure that the vast bulk of the money is being used to pay for health care, he said.

“The importance of the medical-loss ratio is it’s a backstop for the (managed-care) plans,” Piper said. “You don’t want to micromanage how you get from A to B, you want to sit down and agree on what B is.”

Also raising questions about Ohio Medicaid’s claim that the medical-loss ratio — or MLR — reports amount to trade secrets is the fact that some other states post the reports on their websites.

Medicaid spokeswoman Lisa Lawless was asked last week why her department considered the reports to contain trade secrets while states such as Arizona do not.

“Ohio makes detailed MLR information available and the data we publish likely exceeds the information made available by most other states,” she said in an email Friday. “MLRs are calculated in different ways from state to state and relative to the federal (Centers for Medicare and Medicaid Services) submission. As one example, expenditures related to quality improvement activities are a common difference, variably defined from state to state and sometimes included, sometimes not.”

Lawless didn’t explain, however, how such differences in reporting related to trade secrets or the public’s right to know how its billions are being spent. 

Nor has she named any of the kinds of data in the Ohio MLR reports that would amount to trade secrets — information that would give competitors of a managed-care organization an unfair advantage if they knew it. Piper, the Medicaid expert, said the kinds of data the federal government requires for the reports are aggregate and thus unlikely to be specific enough to be considered proprietary.

Lawless added that even though her department won’t turn over its MLR reports, it’s making more information public than some that do.

“Based on a preliminary review of the Arizona reports, the MLR information that ODM makes available to the public appears to include at least as much, if not more information,” she said.

Pressed on the matter, she pointed to Medicaid managed-care “dashboards.” One is the financial dashboard for calendar year 2020. It shows medical, administrative and other expenses for each of the state’s five managed-care plans. But the information doesn’t appear to be as granular as in this MLR report of an Arizona Medicaid managed-care plan.

There are reasons to believe that the federal agency in charge of Medicaid intends for the MLR reports to be public. The Medicaid and CHIP Payment and Access Commission, a non-partisan congressional agency, addressed the issue in a January issue brief. It said that the reports are “intended to allow comparisons of plan performance among the major health care programs and across states.” 

Further supporting the idea that MLR reports are intended for public consumption, the congressional brief adds, “… due to delays in developing standardized reporting templates, 2022 will be the first year that states are required to submit these reports to CMS and publish them.” 

Both statements imply that the federal government intends the reports to be shared with the public, and Lawless said her department is preparing to submit this year’s MLR reports using the new, standard federal template.

Clipped from: https://ohiocapitaljournal.com/2022/03/30/ohio-medicaid-claims-its-more-transparent-than-other-states/

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Florida Medicaid hits Sunshine Health with $9M sanction for not paying providers’ claims

[MM Curator Summary]: The state gave Centene 21 days to pay $9M in fines related to unpaid claims to providers and has stopped auto-assignment until issues are addressed.

 
 

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.

 
 

 
 

Florida’s largest Medicaid managed care vendor, which came under scrutiny for failing to pay claims for sick children over several months, is being fined a record $9 million by the Agency for Health Care Administration (AHCA).

State regulators also are placing sanctions on Sunshine State Health Plan and requiring the managed care plan to take a series of “corrective” actions before members can be auto-assigned to the plan.

The temporary enrollment ban impacts the Medicaid managed medical assistance and Medicaid managed long term care plans.

“The Agency for Health Care Administration takes our obligations seriously to ensure high quality health care is delivered to all enrollees in the Florida Medicaid program,” states the letter levying the sanctions. That letter was sent by Brian Meyer, assistant deputy secretary for Medicaid, to Sunshine President and CEO Nathan Landsbaum late last week.

The letter to Sunshine stated there were more than 121,000 claims from health care providers in which payments were either delayed or not made at all. The claims were identified either through complaints from providers or by the health plan itself.

 
 

Immediate attempts to get comment from Sunshine Health Plan about whether they would appeal were unsuccessful.

Sunshine officials have previously stated that the errors were a result of a software issue following the company’s merger last year with WellCare, the state’s second largest Medicaid managed care plan.

Previous news accounts
detailed how, for months, Sunshine had failed to pay providers for some of the state’s severely sick children that receive coverage as part of Medicaid’s children’s medical services portion. At least one provider shut down.

A review of the data shows that 48,694 long-term care claims were denied for allegedly having wrong diagnosis codes. That’s 40% of the 121,227 unpaid claims. That six-figure total, revealed by AHCA, is higher than Sunshine had previously acknowledged.

AHCA levied a fine of $75 for each claim and is asking the company to explain in detail how it has fixed the claims payment process and whether claims have been reprocessed and paid. State officials also want Sunshine to show it can process claims promptly while moving forward and to hold weekly phone calls between AHCA and company officials to update the agency.

 
 

The state is giving Sunshine 30 days to pay the fine of $9,092,025. Sunshine has 21 days to contest the fines and sanctions.

Though Sunshine representatives have said the held-up payments have been processed, some organizations told Fresh Take Florida that payment issues continue to pop up. Brendan Ramirez, CEO of Pan American Behavioral Health Services LLC in Orlando, said it took months to negotiate with Sunshine to receive payments his organization was entitled to.

With that payment came a nondisclosure agreement that would have barred Ramirez from speaking publicly.

“They said, ‘Before we wire money into your account, we want you to sign this document,'” Ramirez said, according to Fresh Take Florida.

“I called them back and I said, ‘I’m not signing this. I’m not comfortable with signing this. It’s almost like a document from litigation, and we’re not in litigation. I’m just trying to get money that you guys owe me.'”

He eventually got the more than $230,000 owed to him without signing the nondisclosure agreement.

AHCA does not routinely issue “sanctions” against Medicaid managed care plans, nor are corrective action plans often required.

It is not clear how long the corrective action plan will be in effect, but it won’t be lifted for at least one month. AHCA has put five requirements on the managed care company in the corrective action plan, including a mandate that “at a minimum” the plan shows its processing systems are able to pay claims. Sunshine must also show that the claims processing systems work for at least a 30-day period.

The corrective action plan also requires the health plan to provide a detailed summary showing that all the claims had been reprocessed and paid. Sunshine must provide a detailed description of the steps taken to resolve all identified system issues. Finally, the state is requiring the health plan to offer training to providers on proper claims submission processes.

There are more than 5 million people enrolled in Florida’s Medicaid program today. Most of them are required to enroll in a Medicaid managed care plan. Sunshine Health Plan is the largest Medicaid managed care plan in the state.

Clipped from: https://floridapolitics.com/archives/510955-florida-medicaid-hits-sunshine-health-with-9m-sanction-for-not-paying-providers-claims/