During Open Enrollment, Time to Reflect on Reform’s Medicare Advantage Provision

[This article posted on November 29, 2010. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

A major provision in the healthcare reform law, the restrictions of formerly unregulated payments to private carriers in Medicare Advantage programs, seems to be taking hold without a hitch. Although somewhat early in the game — the new rules of MA reimbursements, ushered in during the first GWB administration in 2003 as part of the Medicare Modernization Act — have not brought fears of decreased access to market-based care, as Republicans had long argued. Instead, the opposite has happened.

Beginning in 2012, Medicare will begin lowering payment to Medicare Advantage providers to even the playing field between original Medicare and Advantage plans. But plans generally aren’t leaving because of healthcare reform, experts say. The Centers for Medicare & Medicaid Services is offering bonuses to plans that perform well, which should soften the cuts and keep good providers in the marketplace.

Beneficiaries still have ample choice of programs in many communities and are enrolling steadily.  Still, the jury is out on this reform work-in-progress. Leading insurance lobbies still predict an overall decline in MA plan participation by the mid ’10s, and the drop-dead date for much of reforms unfettered provisions (2014) will bring the first substantial signs of just how far the federal government’s reach in private penetration of FFS Medicare will affect premium levels (and, by extention, access to care) for millions of Boomers crossing that magic threshold for the first time. | LINK

Insurance Spent Big in ’09 to Fight Public Option Provision

[This article posted on November 17, 2010. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

The lobby AHIP spent close to $90M in an effort to rally Insurance and the GOP to fight the public option provision in President Obama’s battle for health reform. The funds were paid to the U.S. Chamber of Commerce and easily exceeded its entire budget for the previous year. According to the COC spokesman, the funds were meant to “advance a market- based health-care system and advocate for fundamental reform that would improve access to quality care while lowering costs”. Of course, this information is made public by law. Minnesota-based UnitedHealth is just one of the major players involved in the effort to dethrone the public option as a provision in the final passed legislation. | LINK

For Obama, Defense of Reform Law in Next Congress Is an Uphill Battle

[This article posted on November 5, 2010. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Knowledge & Medicine, Politics & The Law, via Michael Douglas, MD, MBA.]

Yesterday the president announced invitations to the House speaker and other GOP leaders-elect to try to get a jump start on all things compromise. Obama appears to have his job cut out for him, as even Senate (still under Democratic control) cooperation looks to be an arduous undertaking. The economy is the main focus of attack for the Republicans, but healthcare — specifically the new reform law — might as well be the issue equivalent in scope and importance in every way.

While Obama wants to pre-empt any further anti-reform musings from the GOP as quickly as possible, the latter party has advantages in the next Congress. The use of subpoena of administration officials[1] to testify is a way to halt any gains slated next year under the law. Also, pressure from the GOP could force the current administration to make changes involving tax law[2] under reform beneficial to Republicans. This could have the effect of benefiting insurers more than they have been already under the law.

The bright spot? The majority of seats in the Senate are Democratic, essentially negating calls for complete repeal at the hands of the GOP as overtly political. Issues that may require vote and ultimate change are the costs of implementing certain aspects of the bill. We all know that Obama is highly supportive of the reform law and stands by it, but his defense of all the law’s provisions, as is, will be a hard one to muster against Republican modification at less onerous (less expensive) aspects of the law. Perhaps physicians are most interested in one provision of reform in the very short term — Medicare reimbursements. This administration needs to act quickly if scheduled Medicare fees are to drop by almost a quarter as of 12/1.

  1. HHS Sec’y, CMS chair, etc. []
  2. Other changes could include eliminating new taxes on high-cost health insurance plans. []

GOP’s “Pledge to America” Looks to Score Points on Anti-Reform

[This article posted on November 3, 2010. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Knowledge & Medicine, Politics & The Law, via Michael Douglas, MD, MBA.]

With the GOP takeover of the House complete, as expected, one of the main talking points to emerge as a possible new reality for Obama and the White House is the following catch phrase — repeal of the healthcare reform law. The ACA is a certain target for the new Congress come January; the question is — to what degree of undo does the GOP want out of the newly enacted reform law?

Well, for one thing, accountability. Although Insurance has essentially made it through the bill’s passage into law unscathed, Republican lawmakers will certainly use their new bedfellows to get at what the party feels are points that were suppressed at the hands of the Obama administration in guaranteeing reform — for starters: actual cost data for small businesses to provide coverage for employees, problematic stats upon which the feds based cancellation of many Medicare Advantage programs, and greater understanding behind Obama’s recess appointment to CMS chiefdom, Donald Berwick.

Of course, the degree to which repeal is realized in the next Congress depends on Obama’s enhanced veto power. | LINK to full PDF | UPDATE: Likely House Speaker’s response to reform law’s current state. LINK

States Provide Input into Spending by Big Insurance

[This article posted on October 22, 2010. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Efforts to inspire fiscal reform as part of the overall healthcare reform initiative includes tightening up the medical loss ratio Insurance uses to shore up its revenues. The issue has been a major point of contention between the Obama administration and the insurance marketplace, with the former claiming healthcare cost savings and the latter fearing a decrease in funds available to maintain operations and viability in a highly competitive sector of the economy.

State insurance commissions have forwarded specs on what exactly will be considered appropriate uses for the MLR with respect to patient coverage toward HHS Sec’y Sebelius; it appears that the feds want these diverted profits to be earmarked for healthcare delivery with the least amount of administrative influence as possible. With respect to those uses of MLR earmarked funds,

…among those that would not: nurse hotlines that do not deal directly with patient care, efforts to reduce fraud, and insurance brokers’ commissions.

And a provision by the feds that

would have enabled [insurers] to lump together spending on their plans across states for the purposes of meeting the medical loss ratio, rather than being required to calculate it on a state-by-state basis.

Insurance lobbyists do not appear to be supporting these MLR diversion strategies initially — citing disruptions in patient care and the federalization of spending on insurers that cut individual states from the role of the middleman in determining administrative markups for insurers. | LINK

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Leading Insurance Lobby Aggressively Prepares for Next Congress and Its Repsonse to Reform

[This article posted on October 21, 2010. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Could Insurance know something that voters really don’t at this stage just prior to the midterms? The pre-eminent corporate lobby AHIP is in the process of laying off roughly 10 percent of its personnel in favor of what it terms a “post-reform business model”. If the House is expected to go the way of the GOP, as many analysts see, the tea leaves by which AHIP is reading the future in-and-outs of the healthcare marketplace could portend a major paradigm shift in legislative response to the newly enacted reform law.

A spokesman for AHIP says the organization is simply preparing to meet the challenges of the post-reform environment. “We are restructuring to meet the new advocacy and policy challenges facing our growing membership,” Robert Zirkelbach said. He added that membership is growing and revenues are at an all-time high.

It’s no secret that top Republicans in key ranking positions in the House are anxious to take the reins with major legislative initiatives concerning healthcare reform in this country, and they are actively compaigning on that premise. What’ll be interesting is the trajectory reform will take in a more corporate-friendly environment (stepwise adjustments versus all out repeal), something many now-disillusioned Obama supporters say had its origins as part of behind-the-scenes dealmaking in the White House on the eve of the bill’s passage over six months ago.

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Federal Government Issues Waivers to Combat Increasing Resistance to Reform

[This article posted on October 7, 2010. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Whether a by-product of GOP angst against the reform law in general or simply a reaction to Insurance’s increasing resistance to spending what they consider too much for care delivery, the Obama administration has confirmed that it is granting waivers to some employers (including McDonalds Corp.) that allow exemptions under the PPACA that requires insurers to spend at least 80% to 85% on patient treatments, as opposed to administrative costs.

This move could be a slippery slope with respect the way the law is interpreted by payers and employers at a time when the nascent reform law is just beginning crucial implementation. The result could be a major diffusion of the law’s original intent — to increase access to healthcare by guarantee. Also affected would be individual states, whose insurance commissions could pressure the federal government to redefine medical spending altogether, in spite of reform. | LINK

With Reform Law in Place, Insurance Industry Looks to Policy Shifts in 2011

[This article posted on October 5, 2010. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Insurers may have developed “relationships” within the current administration to achieve the most favorable outcome possible as a result of the reform act. But loyalties appear to be transcending parties in hopes of limiting the effect of reform in its early stages immediately after the midterms. Republican operatives have long known that getting its base energized about the possibility of the law’s repeal is only the beginning; it’s all about shaping policies in the aftermath of the November elections that has the major insurers pouring money into GOP coffers.

The insurance industry, attracted by the prospect of millions of new customers as a result of the coverage mandate, initially backed President Obama’s campaign to overhaul the healthcare system. And insurers scored a key victory when Democrats abandoned plans to create a government insurance plan, or “public option”.

Former Cigna exec Wendell Potter, who became a central figure and erstwhile presence of Big Insurance’s ethics in the wake of that company’s 2007 PR crisis involving a dying patient in need of coverage, sums up the intention of insurers this election cycle.

The industry would love to have a Republican Congress…They were very, very successful during the years of Republican domination in Washington.

The GOP sees domination, at least in the House, after November. With the possibility of restructuring coverage schemes and the potential for profits as a result of GOP legislative control, Insurance seeks to hit the ground running if that happens in 2011. | LINK

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Obama’s Pick to Head CMS Goes Back to Senate

[This article posted on September 13, 2010. It is posted within the following categories: CMS, Corporate, Politics & The Law, via Michael Douglas, MD, MBA.]

President Obama’s recess appointment for CMS chief, Donald Berwick, made his pitch to AHIP to lower the waste associated with Medicare and Medicaid in this new age of reform. He’ll have to do much more to convince the GOP that he means it; the party feels more than slighted at Obama’s appointment they see as someone who wants to completely redesign healthcare delivery in this country to mirror healthcare delivery in the U.K. — a plan they see as socialist and a harbinger for rationing.

His talk is largely seen as conciliatory in nature compared to recent comments by HHS Secretary Kathleen Sebelius admonishing the nation’s largest insurers to cease drastic increases in health plan premium rates.

Berwick outlined a role insurers can play redesigning the nation’s health care system, by focusing more on primary care and collaborating with doctors and hospitals. He called on insurers to help change the way care is paid for and measured for quality.

Overall, Berwick’s tone is light on specifics; essentially, Obama’s pick is heading back to the Senate as key Finance Republicans want more fiscal and logistical details on his proposed role in shaping the largest payer of healthcare services in the country. | LINK

Obama Slightly Shifts Tone on Reform Costs; Sebelius Continues PR Assault on Insurance

[This article posted on September 11, 2010. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

As the midterm election season plows on in full force, the Obama administration soldiers on in its quest to trumpet reform’s merits while half-acknowledging that savings generated from reform-minded delivery is quite a ways off. First up, HHS Secretary Kathleen Sebelius continues her dispatch to insurance companies on heeding the administration’s calls for keeping premium rates at sustainable (for consumers) levels.

Already, my Department has provided 46 states with resources to strengthen the review and transparency of proposed premiums.  Later this fall, we will issue a regulation that will require state or federal review of all potentially unreasonable rate increases filed by health insurers, with the justification for increases posted publicly for consumers and employers.  We will also keep track of insurers with a record of unjustified rate increases: those plans may be excluded from health insurance Exchanges in 2014.  Simply stated, we will not stand idly by as insurers blame their premium hikes and increased profits on the requirement that they provide consumers with basic protections.

Some are alleging that Obama’s recent acknowledgement of the difficulty in realizing true healthcare cost savings anytime prior to the latter part of the 2010s is part of this PR push by Sebelius. Blaming the inevitability of the increase in healthcare spending early-reform on expanded healthcare coverage he has always sought as a by-product of his reform law, Obama has stepped up his defense of reform ahead of the midterms.

As a consequence of us getting 30 million additional people healthcare, at the margins that’s going to increase our costs — we knew that. We didn’t think that we were going to cover 30 million people for free.

Predictably, the GOP accuses Obama of damage control, but it does not seem clear that anything has to be spun here. After all, Obama has always said, during the run-up to the reform law’s passage, long term gains were going to be at the expense of short term costs. The only thing that has really changed in Obama’s PR push at this stage is that he is a little more forthcoming in his explanations of the structure of reform — especially by mid-’10s. This, among many other issues, is presented as part of a fact check done on Obama’s latest reform musings, courtesy the AP. While it is a little premature to say that reform has already accrued a net loss and added to the budget deficit, economic theory tells us that the bending of the cost curve toward unsustainable levels as a result of reform is anything but at this stage.

Insurers Balk at Childrens Coverage under Reform; HHS Clarifies Administration Policies

[This article posted on July 29, 2010. It is posted within the following categories: Corporate, via Michael Douglas, MD, MBA.]

The theory of the moral hazard hypothesis goes something like this: moral hazard occurs when a party isolated (set-off) from risk may react differently than it would if it were fully exposed to the risk. In the case of risk aversion, insurers are stepping up concerns that families will seek coverage under new reform laws only after their children fall ill. They contend that the ability to keep this from happening will contain costs and premium increases.

The White House seemed to be waiting for the line to be drawn in the sand before responding to this potential reform-killing measure — that is, until Insurance essentially threatened ending children-only plans under reform altogether in some states.

Some state insurance commissioners expressed concern that, without an open enrollment period that was widely communicated, people might wait until their children got sick to enroll them in coverage, causing plans’ costs to increase. And we were concerned when last week, some indicated that insurance companies would choose to stop offering policies for children rather than cover kids with pre-existing conditions.

HHS has since clarified the administration’s position on this matter issuing an advisory stating the formation of open enrollment periods, outside of which coverage will not be provided. Now, the distinction between children with congenital and pre-existing conditions and those with acquired, high-cost diagnoses is more clearly defined — for the purposes of the insurance companies, that is. | LINK

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New Rules under Reform Promise Smoother Appeals Process for Claim Denials

[This article posted on July 26, 2010. It is posted within the following categories: Corporate, Politics & The Law, via Michael Douglas, MD, MBA.]

Got a gripe with your health insurer? You may be in luck. Under the new reform law, President Obama is making it easier to file appeals and have them evaluated because of a rejected claim. Prior to reform, the appeals process differed among insurers, adding to the bureaucratic “justification” for the rather phlegmatic approach to such issues in the past.

Now, consumers will appeal directly to the insurer. If they’re denied a second time, they can go to an independent reviewer whose decision is binding. Health plans must pay the cost of outside appeals, and if they’re overruled, they must cover the disputed claim in full. Consumers can also use the appeals process if their coverage gets canceled. The program will benefit almost 90M policyholders by the law’s totality in 2014. | LINK

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Tuesday Newswire: MN Nurses Overwhelmingly Approve Move to Strike & More

[This article posted on June 22, 2010. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Knowledge & Medicine, Pharma & Devices, Politics & The Law, Science & Research, via Michael Douglas, MD, MBA.]
  • It’s on. The mega union only needed 66%. They got over 80% ‘yea’. [LINK]
  • At ninety days into the new reform law, Obama makes public safeguards inherent within. [LINK]
  • FDA approves new diagnostic test that more rapidly detects antibodies and antigens. Excellent. [LINK]
  • More controversy than there needs to be? The president’s pick to be new CMS chief engenders strong feelings on both sides [LINK]
  • Hospital executives who have worked with Dr. Berwick describe him as a visionary, inspiring leader. [..] Republicans are using the nomination to revive their arguments against the new health care law, which they see as a potent issue in this fall’s elections, and Dr. Berwick has given them plenty of ammunition. In two decades as a professor of health policy and as a prolific writer, he has spoken of the need to ration health care and cap spending and has confessed to a love affair with the British health care system.