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Oregon Man Sues State As It Tries To Collect Medicaid From His Settlement

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Oregon Medicaid is trying to take back money from a settlement that included finding the state of Oregon at fault in the accident.

 
 

 
 

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.

 
 

 
 

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An Oregon man who won a $750,000 settlement is now battling an effort by the state to recoup nearly two thirds of that cash to pay for past benefits provided under the Medicaid-funded Oregon Health Plan.

Bryndon Ulmer sued Oregon and a state-hired tree removal contractor after a large pine tree rolled down a steep embankment into his oncoming vehicle along State Route SR42 South in Coos County. 

The 2017 accident put Ulmer in a wheelchair for the rest of his life, court records show. He’s now a partial paraplegic and his medical expenses for the rest of his life due to his condition are expected to exceed $14 million. 

The Oregon Department of Transportation, Coos County and the tree removal contractor settled the lawsuit with Ulmer for a combined total of $750,000, court records show. The state had hired the tree removal company, Jensen’s Tree Service, to clear the road and right-of-way of dangerous trees. 

But now, Oregon wants nearly two-thirds of the settlement — $471,257.47 — to put towards Ulmer’s Medicaid costs, according to a new lawsuit Ulmer filed that seeks to block a state lien on the settlement payment.  The lawsuit was filed in July in U.S. District Court in Eugene. Ulmer is suing the Oregon Department of Human Services, DHS Director Fariborz Pakseresht, Oregon Health Authority and Theresa Arendell, personal injury liens coordinator at DHS. 

Spokespeople for DHS and the health authority declined to comment. Ulmer’s attorney, William D. Brandt, didn’t respond to requests for comment. 

The lawsuit sheds light on a little-known corner of Oregon’s Medicaid system. By law, the DHS Personal Injury Lien Unit files liens on settlements or court judgements that Medicaid recipients receive that are intended to compensate them for medical expenses. 

For example, someone on Medicaid who is injured in an auto accident would report the injury and vehicle insurance claim information to the state, even though their vehicle insurance company is covering the costs. That way, the state can be reimbursed from the vehicle insurance company and Oregon will still pay Medicaid claims not covered if the vehicle insurance coverage ends.

Ulmer’s case is different, the lawsuit alleges. 

That’s because the settlements reached — including the one with the state of Oregon — specifically state they are not intended to go toward medical costs, the lawsuit said. 

“The settlement monies were specifically designated to improve plaintiff’s future quality of life by providing, after costs, fees and expenses, sufficient money to allow him to have a residence and automobile specifically equipped for his needs,” the lawsuit said. 

The settlement breakdown is $50,000 from the state, $50,000 from Coos County and $650,000 from the tree service company.

The settlement agreements specifically provide that none of the monies being paid were paid for past medical expenses, wage loss or other out-of-pocket expenses,” the lawsuit said. Even so, DHS imposed the $471,257.47 lien, and the Oregon Department of Justice is now holding onto the settlement funding until the case is resolved. 

State Wouldn’t Waive Lien

The lawsuit argues the state’s action violates the due process clauses of the U.S. Constitution that prohibit the government from taking private property without compensation. 

Before the lawsuit was filed, the plaintiff asked state officials to reconsider their approach. 

DHS offered to settle the lien for $353,630.60, which the lawsuit says is contrary to prior case law. 

“The amount of the settlement that was obtained in this case was a mere fraction of the actual damages suffered by plaintiff,” the lawsuit said.

‘Fundamentally Unjust’

The lawsuit said Oregon cannot take a position contrary to what the state has already taken in the settlement agreement which “specifically provided that no part of the settlement funds were intended to pay for past or future medical expenses.”

“Defendants’ position would give them an unjustified windfall at plaintiff’s expense,” the lawsuit said. “Defendants’ position would create a fundamentally unjust result.”

The lawsuit said the state has failed to take into consideration state law that says DHS can release any portion of a lien based on anticipated medical expenses after the date of the settlement of judgement. 

“Since plaintiff’s future care plan far exceeds $14 million, there is no doubt that plaintiff will incur additional medical, surgical and hospital expenses and that additional assistance will have to be given to plaintiff after the date of the settlement,” the lawsuit said. 

The lawsuit seeks a determination that Oregon’s current legal framework for Medicaid liens is not authorized under the federal Medicaid law’s anti-lien provision and invalid. The lawsuit also seeks a determination that the state’s statutory scheme to collect that lien is unconstitutional and a determination that Oregon has no enforceable lien right against Ulmer.

After winning court approval to delay the due date for its response, the state has until Nov. 22 to confirm or deny Ulmer’s description of the case.

You can reach Ben Botkin at ben@thelundreport.org or via Twitter @BenBotkin1.

 
 

Clipped from: https://www.thelundreport.org/content/oregon-man-sues-state-it-tries-collect-medicaid-his-settlement

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Florida prepares for Medicaid disenrollment as end of PHE remains unclear

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Florida is in the planning phases of dealing with the more than 1M members who joined its rolls as part of the pandemic.

 
 

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.

 
 

 
 

Nicole Pasia | Nov 2, 2021 | Florida

Over one million Floridians have enrolled in Medicaid over the course of the pandemic. However, this large influx of beneficiaries may shift as the federal public health emergency (PHE) declaration — and the accompanying Medicaid disenrollment freeze — could end as early as mid to late January 2022.

 
 

The latest enrollment numbers from the Agency for Health Care Administration (AHCA) show an overall increase of 32.3% across the state since March 20, 2020. The only program with a significant drop in enrollment is the Florida Healthy Kids program. Audrey Brown, president and CEO of the Florida Association of Health Plans (FAHP), said that the drop reflected a transfer of those beneficiaries to Medicaid.

 
 


Image: Agency for Health Care Administration

 
 

Floridians under Medicaid are currently protected from being disenrolled due to the Families First Coronavirus Response Act. However, once the PHE ends, the Department of Children and Families (DCF) will need to redetermine each member’s eligibility. Conditions that lead to ineligibility for Medicaid include turning 65 and needing to transfer to Medicare, pregnant people reaching the end of the postpartum coverage period, and changes in circumstances, such as increased income.

The Centers for Medicare and Medicaid Services (CMS) have released guidance for states as they begin the redetermination process, but have not announced exactly when the PHE will end. The most recent PHE renewal will expire on Jan. 16, 2022.

Brown said that state Medicaid agencies will receive a 60-day notice prior to the end of the PHE declaration. Until then, the best they can do is coordinate with other state agencies to prepare for the redetermination process.

“I think the agency, with our health plans as partners, have been as transparent as they can possibly be. But obviously, the unknown is when that state of emergency at the federal level will be ending. And so for all of our purposes, we just continue the dialogue. We talk regularly with AHCA and the DCF to find out from them if they’ve heard anything new, and I know that the agencies are prepared to reach [the determinations] as quickly as possible.” 

Once the agencies inform the health plans of a member’s change in eligibility, the plans (FAHP has 18 member health plans across the state) will notify them in advance of the end of their services, as well as other options for health coverage. Florida is one of 14 states that has not yet expanded Medicaid since it became available in 2014. Because of this, people may go on the state exchange to look for coverage from private plans. 

Brown says that the exchange is still an affordable option for Floridians.

We have a very competitive, large group of health plans that participate on the exchange, [which is] heavily federally-subsidized. Even though people may not be qualified for Medicaid because of their financial eligibility, there are a lot of people that will pick an exchange policy and will even be up to 100% federally subsidized.”

Florida led the nation with the highest number of newly enrolled members in the state marketplace during the summer Special Enrollment Period (SEP). A CMS report stated over 487,000 Floridians participated in the SEP.

The 2022 open enrollment for the federal health insurance marketplace kicked off Nov. 1, and will continue until Jan. 15, 2022, the day before the PHE declaration expires. Participants who sign up by Dec. 15, 2021 will have coverage take effect on Jan. 1, 2022. 

 
 

Clipped from: https://stateofreform.com/news/florida/2021/11/florida-prepares-for-medicaid-disenrollment-as-end-of-phe-remains-unclear/

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Arkansas- Governor expects federal waiver approval for continuation of Medicaid expansion program

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The revised AR expansion waiver has back-pedaled its original design to include no requirements related to work, but still has different benefits for members who do not engage in their own health.

 
 

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

 
 

 
 

HUTCHINSON (file photo) Asa Hutchinson

Governor Hutchinson said Tuesday at his press conference that he anticipates that the federal government will approve the state’s request to renew its Medicaid expansion program, with some revisions, prior to the end of the year, when the state’s current Medicaid expansion agreement expires.

The Medicaid expansion, authorized by the federal Affordable Care Act, covers adults who make less than 138 percent of the federal poverty level (an annual income of $17,774 for an individual or $36,570 for a family of four). The program in Arkansas, first enacted in 2014, uniquely uses Medicaid funds to pay for private health insurance to cover most beneficiaries. Once nicknamed the “private option” and now known as “Arkansas Works,” it was implemented under a series of agreements with the federal government, known as waivers because the feds waive certain Medicaid rules. The latest request, submitted this summer, renames the program ARHOME.

“We’ve been assured that they would act on that in sufficient time so the waiver doesn’t expire — which is the end of the year,” Hutchinson said. “So our [Department of Human Services] is working diligently with them on that. I don’t anticipate any issue in getting the new waiver granted. But that specific timeframe is undetermined.”

The new waiver request maintains the use of private health insurance to cover beneficiaries, but would route people who are “inactive” to the regular Medicaid program rather than the private plan. Under the state’s waiver request, it doesn’t take much to stay “active” — if beneficiaries simply choose their own plan as opposed to being auto-assigned, or if they go to the doctor for a checkup, they are considered active, even if they don’t participate in other incentive programs the state is planning (participating in one of those programs, which includes incentives to encourage employment, would also count). So long as they interact with the plan in some way — completing a health assessment, say, or any use of a medical service, etc. — they can stay in the private plan. In very early talks with lawmakers, the idea was floated of making incentives around work or education/training part of the requirement to keep a private plan. But the final framework only designates someone as inactive if they don’t do anything at all related to their health care plan. 

The ARHOME waiver also proposes an increase in premiums charged to most beneficiaries who make more than the poverty level. Beneficiaries would not lose coverage for failure to pay, but would incur a debt to the insurance companies (currently, those who fail to pay premiums incur a debt to the state, which can be withheld from tax refunds). Currently, most beneficiaries who make more than the poverty line are charged a flat $13 per month. The ARHOME waiver proposes bumping that up, depending on income:


Co-payments would also be higher, and would be applied to more beneficiaries. Currently, co-payments are only charged to beneficiaries who make more than the poverty line, and are capped at $60 per quarter. Under ARHOME, they would be charged at most income levels and the caps would be bumped up (see chart below). Failure to pay would incur a debt to the provider. No one would lose coverage for failure to pay. According to the waiver request, “A provider cannot refuse to provide service for non-payment at the first occurrence but can refuse to provide a future service due to non-payment.” Here are the proposed maximum annual allowable amounts on the co-pays by income:


 
 

Here are the co-pays that will be in place in 2022, according to the waiver proposal:


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The total of both co-pays and premiums will be capped at 5 percent of household income per quarter.

Those deemed medically frail — and those routed in a new program for people with serious mental illness or substance use disorder — will not be charged premiums or co-pays.

The ARHOME program also includes new initiatives for rural health, maternal and infant health, behavioral health and certain at-risk populations. State officials focused on these initiatives when they unveiled the waiver request last summer.

ARHOME also includes wellness incentives programs, along with the work and education incentives programs, as well as mechanisms to contain cost growth and to establish quality performance targets for the private plans.

If the feds approve the ARHOME waiver, it could still come with minor variations to the framework not described in the request: Certain terms and conditions may apply that will provide more details about just how that framework will function in practice.

 
 

Clipped from: https://arktimes.com/arkansas-blog/2021/11/02/governor-expects-federal-waiver-approval-for-continuation-of-medicaid-expansion-program

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Missouri: Close to 13,000 people have been enrolled in expanded Medicaid

 
 

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The uptake on MO expansion continues to be very low.

 
 

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.

 
 

Close to 13,000 people have been enrolled in expanded Medicaid in Missouri, according to the Department of Social Services.

 
 

Audio Player

 
 

In 2020, a majority of Missouri voters passed a ballot measure to expand the government-funded health insurance to about 275-thousand low-income adult residents. The benefits include primary and preventive care, emergency services, prescription drugs, and substance use disorder treatment. Through the American Rescue Plan, Missouri will be eligible to receive an estimated 968-million-dollars in additional federal funding for its Medicaid program over the next two years.

 
 

October 23, 2020

In “State News”Clipped from: https://www.kttn.com/1audio-close-to-13000-people-have-been-enrolled-in-expanded-medicaid/

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Maryland Department of Health announces new Medicaid rate increases

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MD will spend the ARPA money it got for HCBS on rate increases for 3 provider types.

 
 

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.

 
 

 
 

Baltimore, MD – Today, the Maryland Department of Health (MDH) announced Medicaid rate increases for home and community-based services (HCBS) providers. Increased Medicaid rates will enable HCBS providers to strengthen service delivery.

“These rate increases will prove instrumental in further serving our Medicaid recipient population,” said MDH Secretary Dennis R. Schrader. “The new rates are the result of working closely with Medicaid providers and stakeholders, and they will help Marylanders who need assistance the most.”

The American Rescue Plan Act (ARPA), which became law on March 11, supports Medicaid HCBS providers during the COVID-19 pandemic by providing a 10 percent enhanced federal medical assistance percentage (eFMAP). The law requires states to use these funds to enhance, expand or strengthen HCBS.

During the most recent legislative session, the Maryland General Assembly passed HB 588, the state’s FY2022 budget bill, which directs Medicaid to spend at least 75 percent of federal ARPA reinvestment dollars for a one-time-only provider rate increase. As such, Maryland is implementing the following rate increases:

  • A 5.5 percent rate increase for most HCBS developmental disability providers
  • A 5.4 percent rate increase for most HCBS behavioral health and Applied Behavior Analysis (ABA) providers
  • A 5.2 percent rate increase for community-based long-term services and support providers

The provider rate increases target providers and services that are eligible for the enhanced federal match. Additionally, the provider increases vary slightly based on the amount of reinvestment monies generated within the long-term care, behavioral health, and developmental-disabilities programs. 

For more detailed information, including the methodology used to determine the estimated fiscal impact and rate increases, please see MDH’s initial HCBS Spending Plan, submitted to The Centers for Medicare and Medicaid Services.

Impacted Medicaid providers have received alerts and public notices detailing the services to which rate increases apply, the services that are excluded, and other related information. Providers may submit questions via the form at https://health.maryland.gov/pages/contactus.aspx.

 
 

 
 

 
 

Clipped from: https://southernmarylandchronicle.com/2021/11/02/maryland-department-of-health-announces-new-medicaid-rate-increases/

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LETTER: Proposed Medicaid assessment changes would jeopardize care

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AAAs are unhappy the state is handing over their scope to Maximus.

 
 

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.

 
 

We, as former Area Agency on Aging (AAA) administrators in the Southwestern Pennsylvania region, are writing to express our deep concern over a change being executed by the Pennsylvania Department of Human Services (DHS) that will eliminate the local Area Agencies on Aging from the Medicaid assessment/eligibility process for older adults and people with disabilities.

For over 30 years, the 52 Area Agencies on Aging, serving all 67 counties in Pennsylvania, have been performing the assessment/clinical eligibility determination for seniors and persons with disabilities who are seeking to access Medicaid-funded services and supports.

Local Area Agencies on Aging have been trusted community resources that have assisted individuals and their families/caregivers with navigating through a complex, multi-faceted and often confusing Medicaid enrollment process. Nothing can replace the highly specialized and personalized assistance provided by the trained and experienced Area Agencies on Aging staff who excel at understanding the unique needs of vulnerable populations. These Area Agencies on Aging have consistently achieved an impressive 99.75% on-time completion rate for assessments.

So, what is the issue?

The Pennsylvania Department of Human Services is currently preparing for negotiations with Maximus US Services Inc. (Maximus) to expand its scope of work for the DHS as the Independent Enrollment Broker to include the assessment responsibility.

Maximus has a history of poor performance as an enrollment broker in Pennsylvania and in other states. According to the Office of Long-Term Living (June 8, 2021), the Long-Term Services and Supports Subcommittee reports that Maximus failed to meet its contractual performance obligation for timely completion of enrollments within the 90-day timeframe for 17 consecutive quarters!

So why give Maximus the additional assessment responsibility when the quality of enrollment work is so poor?

Why would the Commonwealth of Pennsylvania/Department of Human Services consider awarding an even larger contract to a private company that has repeatedly failed to meet critical performance standards? Why would the state strip away from the local Area Agencies on Aging the assessment responsibility when they have a proven record of performance and reliability?

Seniors and people with disabilities are waiting for an answer.

We strongly urge the Commonwealth of Pennsylvania/Department of Human Services to withdraw the Request for Application and to continue to allow our Pennsylvania residents access to the local community-based Area Agencies on Aging. The Area Agencies on Aging have proven their ability to provide consistent and reliable assessment service.

Katherine Johnson

Former administrator, Westmoreland County Area Agency on Aging

Mildred Morrison

Former administrator, Allegheny County Department of Human Services, Area Agency on Aging

Robert Willison

Former Executive Director, Southwestern Pennsylvania Area Agency on Aging Inc., serving Fayette, Greene and Washington counties

 
 

Clipped from: https://observer-reporter.com/opinion/letters/letter-proposed-medicaid-assessment-changes-would-jeopardize-care/article_9b9dc18c-372b-11ec-a787-cfb4329e279e.html

 
 

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Auditor: Iowa’s privatized Medicaid illegally denies care

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A recent state audit claims that MCOs deny services at a much higher rate than FFS.

 
 

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.

 
 

DES MOINES, Iowa — Iowa’s privatized Medicaid system has illegally denied services or care to program recipients, and both private insurance companies managing the system have violated terms of their contracts with the state, according to a state audit released Wednesday.

Auditor Rob Sand released a report from his investigation that examined a six-year period from 2013 through 2019. He said his investigators found a massive increase in illegal denials of care by managed care organizations, or MCOs, under privatized Medicaid.

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“What this means is that privatized Medicaid is less likely to treat Iowans in accordance with the law. It means that the Medicaid MCO’s that we have contracted with are not upholding their end of the bargain,” Sand said.

The head of Iowa’s Medicaid program responded within minutes of the audit’s release, rejecting its conclusions and arguing Sand was making an “apples to oranges comparison” that mischaracterized the current program.

Former Republican Gov. Terry Branstad in 2016 abruptly shifted Iowa’s Medicaid program from management by the Iowa Department of Human Services to private insurers. His successor, current GOP Gov. Kim Reynolds, has continued to support privatization amid complaints that service has suffered, payments to service providers have been delayed at times and promised savings never materialized.

Such privatization became a popular idea among GOP politicians, who argued private companies would more efficiently manage Medicaid than a state government agency. Currently, the private Medicaid managers provide health care for more than 781,000 poor and disabled Iowans.

Sand said after privatization, there was an 891% increase in the number of cases in which a judge restored services to a Medicaid participant, concluding services were unlawfully denied by the private insurers managing the program.

He promised after being elected in 2018 that he would do a compliance report on Medicaid after service providers and recipients complained about the new system failing to provide comparable care and payment.

“This has been a long-time coming. It has taken a lot of work. We’ve reviewed tens of thousands of documents and at the end of the day what this is, is a statement of facts,” Sand said. “It’s telling Iowans what’s going on in the state. We’re doing our job. It’s about the people.”

Sand also reported that the two companies managing the Medicaid program, Amerigroup and Centene Corp., operating as Iowa Total Care, violated provisions of the contract established with the DHS.

He said Amerigroup failed to comply with one provision of the contract, and Iowa Total Care failed to comply with numerous provisions of the contract. For example, in multiple documented instances, both companies failed to comply with the contract clause requiring Home and Community Based Services providers to continue providing services to a member switching from one provider to another.

“This has resulted in members going without services, such as bathing and wound care, thus violating the contract and state and federal law, while the company still receives payment for their care,” Sand said in the report.

In her statement responding to the report, Medicaid Director Elizabeth Matney called the audit “an incorrect and flawed report.”

Matney said the report inaccurately compares the previous “fee-for-service” system with a managed care approach in which appeals can be resolved without going before an administrative law judge. Such judges then can focus on more complex cases.

“We worked with the Auditor of State’s team to explain why this was an apples to oranges comparison,” Matney said. “The process is not the same, so making a comparison without factoring in the improvements we built into the MCO appeals process prior to ever seeing an administrative law judge is just wrong.”

She said much more information would be needed to substantiate the claims in the auditor report.

She said the department is reviewing the allegations of contract violations and offered to meet with Sand to discuss in further detail agreeing that “contract compliance is something that requires diligent oversight.”

 
 

Clipped from: https://www.nwaonline.com/news/2021/oct/25/auditor-iowas-privatized-medicaid-illegally/

 
 

 
 

 
 

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State: Technical ‘reporting errors’ caused data gap on kids’ Medicaid referrals

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A recent report showing GA failing to deliver EPSDT services at an alarming rate was based on bad 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.

 
 

State officials say “reporting errors” from the government led to recent data indicating that Georgia had a stunningly low rate of referring poor kids under Medicaid to specialty medical services.

 
 

“We’re certainly not below every single state” when it comes to referrals, Ryan Loke, deputy commissioner of the Department of Community Health, told the agency’s board earlier this month.

The agency investigated data under the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program after Georgia Health News, citing a national analysis, reported that children covered by Medicaid weren’t getting their required “corrective treatments” at a rate comparable to those of other states.

The goal of EPSDT is to provide early detection and treatment of health conditions so that children and adolescents covered by Medicaid can get appropriate preventive, dental, mental health, developmental or other specialty services.

A report from the National Health Law Program compared states on their numbers of health screenings and referrals to specialized care. Georgia in 2019 had 1.4 million children eligible for EPSDT. The report’s figures showed the state was doing health screenings at recommended levels.

But just 30,000 Georgia kids that same year were referred to corrective treatment for a health condition, the report said.  That compared with Illinois, also with 1.4 million eligible kids, which referred more than 500,000 for services in 2019.

Community Health said in an email to GHN that the information technology system run by the state for Medicaid recorded tens of thousands fewer referrals than actually occurred.

Dan Young of the National Health Law Program (NHeLP), a nonprofit organization that generated the report, said the state’s explanation of the referral gap appears to make sense.

“I don’t know why the Georgia [Medicaid] information system isn’t capturing the correct data,” Young said.

He said the NHeLP report served to generate important questions about Georgia medical referrals, and he added that “hopefully it will encourage [state officials] to take notice of how they report data.”

The figures in the NHeLP report came from the federal Centers for Medicare and Medicaid Services, which gets its referral data directly as reported by state Medicaid programs.

A large majority of children in Georgia Medicaid are covered by managed care companies, known as care management organizations.

This story available through a news partnership with Georgia Health News.

 
 

Clipped from: https://thecurrentga.org/2021/10/27/state-technical-reporting-errors-caused-data-gap-on-kids-medicaid-referrals/

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Aetna, an Ohio Medicaid contractor, accused of denying kids care in Pennsylvania

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More details released from the PA court case against Aetna suggest an extensive issue of assigning kids to PCPs known to not be in network.

 
 

 
 

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 following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.

COLUMBUS, Ohio—In a case that could have implications for Ohio, a Pennsylvania whistleblower is accusing Aetna of making it impossible for the parents of some kids on Medicaid to find doctors. The insurer then pocketed money from the state for services not rendered, the suit alleges.

Aetna denies the charges.

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The case is relevant here because the Ohio Department of Medicaid in April awarded a $1 billion contract to Aetna to implement OhioRISE, an ambitious new program meant to coordinate care for 60,000 children with complex behavioral needs.

The Pennsylvania allegations, which were unsealed last month in federal court in Pittsburgh, might cast doubt on whether the company will live up to its promises in the OhioRISE program.

The allegations also add to questions of conflict and bias concerning Ohio’s procurement this year of the OhioRISE contract and six others for $22 billion worth of Medicaid managed care. Together, the contracts are meant to reshape the way the Ohio Medicaid department delivers care to 3 million people.

The Ohio Department of Medicaid was asked to comment on the Pennsylvania suit a week ago. As of Tuesday, it hadn’t responded other than to acknowledge that it had been asked for comment.

For its part, Aetna parent company CVS Health denies the accusations.

“Aetna places the highest priority on the health and wellbeing of its members, and we provide access to quality care through a comprehensive provider network, including in Pennsylvania,” spokesman Bob Joyce said in an email. “Plaintiff’s allegation that Aetna has network adequacy deficiencies across the country is irresponsible and unrelated to the (U.S. Justice Department’s) investigation.

“Aetna denies the allegations in the complaint, and intends to vigorously defend itself should (the whistleblower) choose to move forward with her non-intervened complaint. Aetna is pleased that after reviewing all of the evidence, the government chose not to participate in the lawsuit.”

The case was filed under the False Claims Act, which encourages people with knowledge of government rip-offs to blow the whistle by giving them a portion of the money recovered.

While it’s accurate that the federal government declined to intervene in the suit, the federal government is said to intervene — or take over — in only about 20% of such cases.

And in an Aug. 25 filing, the Justice Department notified the court that the federal government would continue to be listed as a plaintiff and pointed out that the case can only be dismissed if Attorney General Merrick Garland consents to it. The filing also asked U.S. Magistrate Judge Cynthia Reed Eddy to unseal the complaint, which she did the following month.

Serious claims

The Pennsylvania whistleblower, Carol Wessner, accused Aetna Better Health of Pennsylvania of shrinking its network of doctors for kids on Medicaid and then lying to the Pennsylvania Department of Health about it.

Aetna hired Wessner as a “quality management nurse consultant” in 2013. Her primary task was to investigate why such a high percentage of Aetna’s child patients were missing their Early and Periodic Screening, Diagnostic and Treatment appointments. The doctor visits, required by Medicaid since 1967, are intended to catch developmental and other health issues as early as possible.

Wessner claims that she discerned a pattern. Aetna officials contended that kids were missing appointments because providers were discriminating against them, but she found that time and again, those providers weren’t in Aetna’s network.

Wessner “never encountered an (Aetna pediatric doctor) who discriminated against children on (Aetna) Medicaid,” the suit says. “Rather, many of the (doctors) to whom children were assigned (i) were not contracted with (Aetna); (ii) were dead; (iii) were out of state; or (iv) did not see children at all.”

Many of the physicians to whom Aetna claimed to assign children wouldn’t be likely to pass even superficial scrutiny, Wessner said.

“… children, including two-year-old boys, were assigned to gynecologists, hospitalists and vascular surgeons,” the lawsuit says, referring to a provider group that Aetna listed as in its pediatric network. Aetna “also had wrong addresses, phone numbers and affiliations for the (primary care providers) at this site.”

Wessner also provided possible evidence that Aetna was deliberately shrinking its network while telling a different story to Pennsylvania Medicaid officials.

She said that on May 7, 2014, she was in a meeting with a Philadelphia public health official when the official was handed a note from Aetna. The company was notifying the city’s department of health that it was terminating its contracts with all eight of the agency’s City Health Centers, the suit says.

Yet by “February 2015 — almost a year later — (Aetna) still had 491 children enrolled with the department,” the lawsuit says. “Some were enrolled as recently as Feb. 1, 2015.”

Wessner claims that Philadelphia was far from the only agency in which Aetna terminated contracts with providers while continuing to tell state Medicaid officials that its child clients were enrolled with the agencies’ doctors. Her lawsuit says Aetna took similar actions with at least six other health systems, in some cases assigning children to doctors within the systems even after terminating their contracts.

In the case of the Reading Health Physicians Network, the lawsuit claims that in September 2016 — almost two years after Aetna had terminated its contract — the company still assigned 1,127 of its child clients to doctors there. Seven hundred thirty six of them hadn’t had their federally required diagnostic exams in at least a year, it said.

The lawsuit says money was the motive for all this.

Aetna “misrepresented its network adequacy by including providers (Aetna) knew were inaccessible in order to gain new Medicaid enrollees that would increase (Aetna’s) per-member/per-month payment from Medicaid.”

Payback?

Wessner claims she was retaliated against for repeatedly flagging problems to her superiors, including Aetna Better Health of Pennsylvania CEO Jason Rottman.

She said her supervisor, Alice Jefferson, in 2015 told her to stop sending written reports and make them verbally instead. In 2016, Wessner was removed from her job investigating kids’ missed checkups. Then in 2018, she was terminated.

Regardless of the outcome of the case, it adds to questions about the companies hired as part of Ohio’s Medicaid reforms this year.

Aetna’s parent company, CVS, has long been accused of gouging Ohio Medicaid for prescription drugs — a charge the corporation denies. UnitedHealth has faced similar accusations and is being sued over fraud claims by Attorney General Dave Yost. Yet it was one of six giant corporations to be awarded huge managed-care contracts in this year’s procurement.

Yost in March sued another of those corporations, Centene, and it paid out $88 million in June to settle them.

When the Ohio Medicaid department undertook its procurement process, it set it up in a way that didn’t allow evaluators to consider previous bad acts by the companies applying. Now Mercer, the consultant that facilitated the process, won’t say whether any of the successful bidders are also its clients.
 

 
 

Clipped from: https://www.news5cleveland.com/news/state/aetna-an-ohio-medicaid-contractor-accused-of-denying-kids-care-in-pennsylvania

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Wyoming Senate squash look at Medicaid expansion during special session

MM Curator summary

 
 

Lawmakers voted 21 to 8 to not introduce an expansion bill in the Senate.

 
 

 
 

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 Healthy Wyoming rally for Medicaid expansion at the Nicolaysen Art Museum in September. (Gregory Hirst)

CASPER, Wyo. — The Wyoming Senate voted against introducing a bill to expand Medicaid in Wyoming during the legislature’s special session on Monday, October 27.

Sen. Cale Case (Fremont County), asked that the Senate approve Senate File 1011, which is known as the Medical Treatment Opportunity Act.

Case said that expanding Medicaid could benefit 25,000 people in Wyoming. He said the would be “mostly females that are working in this state.”

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“They are people that serve you breakfast, clean your hotel rooms. They have children and this would be a great thing for them,” Case said.

He added that the bill was sponsored by the Joint Revenue Interim Committee, noting that this made it different from most of the legislation proposed for consideration during the special session.

The Senate defeated the bill on a vote of 8-21 during its floor session on Monday afternoon. That vote was as follows:

  • Ayes: BALDWIN, CASE, FURPHY, GIERAU, KOST, ROTHFUSS, SCHULER, WASSERBURGER
  • Nays: ANDERSON, BITEMAN, BONER, BOUCHARD, COOPER, DOCKSTADER, DRISKILL, ELLIS, FRENCH, HICKS, HUTCHINGS, JAMES, KINSKEY, KOLB, LANDEN, MCKEOWN, NETHERCOTT, PERKINS, SALAZAR, SCOTT, STEINMETZ
  • Excused: PAPPAS

A recent poll conducted by New Bridge Strategy found that 66% of Wyoming registered voters support expanding Medicaid. That includes 98% of Democrats in the state, 64% of Independents and 58% of Republicans.

The Medical Treatment Opportunity Act would direct the Wyoming Department of Health, the state’s insurance commissioner and the governor to negotiated with the Centers for Medicare and Medicaid Services (CMS) to amend the state’s Medicaid plan and expand eligibility.

Under the 2010 Affordable Care Act, 90% of the cost of expansion would be paid by the federal government and Wyoming would pay 10%. The Wyoming Department of Health estimates expanding coverage would cover an estimated 24,000 (between 13,000 and 38,000) residents, and net the state $34 million in General Fund savings over the next biennium. The WDH estimates that 60% who would benefit from expansion are currently employed.

Proponents of Medicaid expansion have been working to push the legislature to again consider expanding Medicaid after a similar effort failed during the 2021 General Session. During that session, the House of Representatives passed a measure to expand Medicaid on a vote of 32-28 but the bill stalled out on a 2-3 vote in the Senate Labor, Health and Social Services Committee.

The group Healthy Wyoming held vigils across the state in September to raise awareness about projected savings for the state under expansion and to share stories of people who have suffered and died without health care.

The Casper contingent met at the Nicolaysen Art Museum on September 17 to hear from health care providers, legislators, and people directly affected by the issue. 

“This issue is a matter of life or death,” said Healthy Wyoming advocate Andrew Schneider in his remarks. He said people who can’t afford to go to the doctor allow chronic conditions, including mental illness, to “linger and worsen.” They also skip cancer screenings and other preventative measures and can’t budget for both prescriptions and food.

Linda Jones spoke about her friend and neighbor Earl, who died three years ago. She said Earl worked a steady job at Walmart until he slipped on the ice and injured his knee, and lost his job while recovering.

Without insurance, he was unable to achieve a full recovery, became afflicted with gout, and sold a cherished Camero to pay bills. His health declined rapidly and he was eventually found dead in his home.

“It was a difficult thing to watch another person be in so much pain and not know how to help,” Jones said. “At the time, we didn’t think there was anything that could be done about Earl not being able to see a doctor. … Now I know if that if our state had expanded Medicaid, Earl could have gotten the health care he needed.”

“He wanted to get better; he wanted to work to provide for himself.”

Critics have cited concerns that expansion has led to significant cost overruns and decreased profit margins for hospitals in other states. They also worry that the federal government could change its match rates, leaving Wyoming “on the hook” for a greater percentage of costs.

 
 

Clipped from: https://oilcity.news/wyoming/legislature/2021/10/27/wyoming-senate-squash-look-at-medicaid-expansion-during-special-session/