Miami Medicare Fraud Bust Easily Tops July 2010 Net

[This article posted on February 17, 2011. It is posted within the following categories: CMS, Healthcare Policy & The Media, via Michael Douglas, MD, MBA.]

Who knew Miami was the Medicare fraud capital of the country? An enormous net of Medicare malfeasance was cast, involving over 100 nurses, physicians, and executives colluding to nab over a quarter of a billion dollars from the feds — topping a July ’10 bust in that and other regions.

Special Agent in Charge John Gillies said Medicare should conduct comprehensive criminal background checks on providers, stop the practice of paying claims within 14 days, suspend payments for questionable charges, and change the system of using Social Security numbers for beneficiaries to prevent identity theft.

No truer (or more obvious) words will be spoken about this problem. You can also add to that: reining in the extremely dynamic nature of CMS oversight of criteria for payment, establishing strict criteria for contractors which are involved in payment processes and audit recoveries, and shoring up reporting processes to include specific state agencies (IG offices, for example) in order to streamline signal from noise. Of course, naked publicity of the nature surrounding this story always helps.

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HHS Makes Effort to Increase PCIP Rolls

[This article posted on February 14, 2011. It is posted within the following categories: CMS, Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

By the close of 2010, the Obama administration had hoped that roughly 375000 healthcare consumers would take advantage of the national high-risk insurance pool, known as the government’s Pre-existing  Condition Insurance Plan, but enrollment is falling far short of projections. The coverage is meant as a bridge to 2014, when it will be mandated — effectively outlawing discrimination based upon that coverage. HHS is at loss to explain, but the agency is launching a website today to inform. This is a somewhat interesting development because, previously, the administration really never promoted the program. The sudden desire of HHS to do so says more about reaction to GOP efforts at their plans for reform, as opposed to the administration’s initial push for universal coverage under reform.

Essentially, the fed program is an alternative to an expansion of high-risk pools with higher deductibles and premiums which the GOP is proposing to fund over the next 10 years. At this point, the goal of both sources of high-risk pooling appears to be the same. Even with the increased awareness of the federal PCIP program, it’s a little difficult to envision a sharp increase in potential enrollees, as the CBO estimates that the program will have a hard time cracking the 1M enrollee threshold by 2014. | LINK

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States Look for Ways to Combat Imminent Medicaid Costs at Dawn of Reform

[This article posted on February 10, 2011. It is posted within the following categories: CMS, Healthcare Policy & The Media, Knowledge & Medicine, Pharma & Devices, Politics & The Law, via Michael Douglas, MD, MBA.]

Some states are using the issue as a campaign 2012 boilerplate. Others are using it to highlight agenda-driven pleas to bring down the cost of taxpayer-funded healthcare delivery. Still, many governors cannot deny that the expansion of Medicaid dollars to states as part of the reform law. Here in Minnesota, the new Democrat (the first Dem governor in 20 years) chief executive Mark Dayton, wasted no time in signing the executive order to expand funds to cover nearly 100,000 Minnesotans and create or save another 20,000 jobs in the process. Unsurprisingly, the move was met with predictable criticism from his GOP detractors (a continued drain on federal matching funds) but unwavering support from safety nets (participating hospitals breathing a sigh of relief in avoiding charity care).

Minnesota begins its coverage rolls on March 1. Other states hoping to turn short term budgetary disadvantages to affordable care delivery in the long term are understandably nervous about how to proceed. President Obama appears to be offering a helping hand — in the form of informational dispatches from the HHS secretary to answer that fundamental question: how to effect savings without cutting into beneficiary eligibility. States like the woefully underwater California are getting crash courses in prescription medication costs, dual eligibility changes under reform, optional benefit delivery systems, and a host of other issues which may provide clues on where states can cut.

Medicaid financing, already labyrinthine in complexity — is about to become more so. And it’s not even 2014. | LINK to text of relief letter sent by HHS Sec’y Kathleen Sebelius

Sebelius Announces Additional Grant Funding for Exchanges under Reform

[This article posted on January 22, 2011. It is posted within the following categories: Corporate, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

States are now able to ask for even more in grants to help fund insurance exchanges that are a critical provision to the reform law. HHS Secretary Sebelius related in a recent conference call that the funds are of no specific amount and that most states have already received at least $1M in planning grants each.

The exchanges are to be functional by the 2014 cycle in reform. They are designed, as directed by the ACA, to allow families, individuals, and small businesses for instance, to negotiate an insurance marketplace for the most affordable coverage possible via lowered premium costs. The move to increase grant funding for this purpose comes right on the heels of GOP House repeal of the law.

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During Recent Mass. Visit, Sebelius’s Words Get Sharp Rebukes

[This article posted on January 10, 2011. It is posted within the following categories: Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Due to the recent attempt on the life of a sitting congresswoman, all legislative activities this week will be suspended. This includes the possible vote on the repeal of the ACA led by the House GOP majority — an action that is widely seen to fail in the Senate. HHS Secretary Sebelius, perhaps in a moment of Freudian musing, acknowledged this somewhat in a visit to Massachusetts, irking Tea Party and GOP hardliners by saying

The vote in the House, I think people understand, is sort of symbolic so there isn’t a (protest) march being planned. That’s sort of a waste of time and energy.

Them’s fightin’ words. It didn’t take representatives of those factions long to respond.

The secretary and her boss are trying to act as if November 2010 never happened,” said Jameson Cunningham, spokesman for the Tea Party Patriots. “The election last November was nothing if it wasn’t a referendum on Obamacare.

While Sebelius’s words are essentially correct — House action would somehow have to sail through the Senate and bypass the long arm of President Obama’s veto pen — they are just the latest kindling in the effort by the reform law’s opponents to keep this issue on boilerplate status. The administration remains confident, however, that even the most contentious provisions of the law (i.e., the individual mandate) will successfully fend off constitutional challenges. | LINK

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California Once Again under HHS Scrutiny for Excessive Insurance Premium Increases

[This article posted on January 8, 2011. It is posted within the following categories: Diversions, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

California’s fiscal woes continue to mount; from significant budgetary shortfalls on the government’s end, to the anger felt by consumers on the cost of living as it relates to the affordability of healthcare. The state’s troubles with the federal government, private insurers, providers, and patients as healthcare consumers alike are well documented and have led to promises of cost-saving reforms in care delivery.

But, wait. Apparently, one insurer continues to test the regulatory reach of California’s insurance commission. BC/BS plans to hike premiums by another third over two recent hikes. This could lead to a total hike in premiums of approximately 60 percent by the middle of the year for some healthcare consumers. Unfortunately, the insurance commissioner does not have the legal authority to block excessive premium increases under CA law.

Blue Shield of California has shocked its policyholders with a proposal to raise premiums by as much as 59 percent, effective March 1. The San Francisco-based company says the higher rates are needed to cover fast-rising costs. It’s the second time in less than a year that a California health insurer has asked for a whopping increase. Last year, Anthem Blue Cross drew sharp criticism from the Obama administration after requesting a 39 percent rate hike. Anthem Blue Cross ultimately settled for a 20-percent hike.

Blue Shield has released a statement that the rate hikes are unrelated to the Affordable Care Act and notes that the rate hikes in California are due to increased medical costs. | LINK

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HHS Desires Insurer Rate Review

[This article posted on December 23, 2010. It is posted within the following categories: CMS, Corporate, Politics & The Law, via Michael Douglas, MD, MBA.]

HHS is issuing guidelines on the process of reviewing rate increases of insurers. The federal government is requiring any insurer seeking a premium rate increase of at least 10 percent to file justification for the increase with state commissions and the feds, as well.

The federal government does not have the power to reject the proposed increase outright, however. The goal here seems to be transparency, as HHS will post such information on its website for public consumption. The regulation, part of reform, will undergo a public review for six months prior to implementation. | LINK

UPDATE: Some private insurers are upset that certain vendors — ones that also function as major industry lobbying arms — are unfairly “protected” under these new Obama reform law initiatives, as some supplemental coverage plans under Medicare (Medigap plans) will escape scrutiny at the expense of private plans in the healthcare marketplace which may augment rates commensurate with market forces. | LINK

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Top Obama Officials Lead Discussion on Combating Medicare Fraud

[This article posted on December 16, 2010. It is posted within the following categories: CMS, Healthcare Policy & The Media, via Michael Douglas, MD, MBA.]

Key players in the current administration’s push for elimination of fraud and abuse in healthcare delivery are meeting today in Mass. during what is billed as a day-long “summit” on the issue. Perhaps the two biggest Obama surrogates in attendance are Atty. Gen. Eric Holder and HHS Sec’y. Kathleen Sebelius.

Engineered as part of an overall plan to eliminate Medicare fraud, the meeting is one of many regional conferences set up nationwide to address the ongoing problem. Panels including law enforcement , consumer experts, health care providers and federal, state and local government agencies will take part. | LINK

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Reform Law Seen As Positively Enhancing Insurers’ Coverage of Healthcare Consumers

[This article posted on November 22, 2010. It is posted within the following categories: Corporate, Knowledge & Medicine, Politics & The Law, via Michael Douglas, MD, MBA.]

On Monday the Obama administration finally released the rules governing the spending of Big Insurance. The details of the fate of the medical loss ratio — the percentage of Insurance’s revenue which is dedicated to administrative costs versus the amount paid out in coverage — constitute that rare reform provision giving cautious optimism to patients, their advocates, and insurance companies alike.

Healthcare consumers benefit from the increased coverage payouts,[1] as do those who seek this type of advocacy under reform. And Insurance — through some fancy footwork on their part[2] — are able to achieve MLR cut-offs more easily, affecting profit margins less.

State insurance commissioners are also on board, as the new rules will enhance insurers’ transparency in this space — making it easier for regulation in a volatile short term while the latter begin to apply these new processes. | HHS fact sheet LINK

  1. Insurers are required to report spending data; if MLR cut-offs are not achieved, rebates must be paid out to policyhoilders. []
  2. The Department of Health and Human Services adopted a provision which allows insurers to exclude from their administrative costs the amounts they pay in certain health insurance-related state and federal taxes. []
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SCOTUS Won’t Hear Challenge to Reform Law

[This article posted on November 9, 2010. It is posted within the following categories: Politics & The Law, via Michael Douglas, MD, MBA.]

Unsurprising, but still worth noting.

The U.S. Supreme Court on Monday rejected a long-shot request for a review of the Obama administration’s health-care overhaul before the matter has been fully litigated.

The appeal the Supreme Court rejected Monday was unusual because the plaintiffs wanted the justices to hear their case even though a lower U.S. appeals court hasn’t yet ruled on the matter.

The high court almost never hears cases before they have been fully litigated in the lower courts, and it hadn’t asked the Obama administration to file legal papers responding to the appeal.

No appeals court has ruled, although federal judges have had varying rulings in different regions of the country on the case, Baldwin v. Sebelius.

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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. []

HHS: States to Compete for Early Insurance Exchange Models

[This article posted on October 30, 2010. It is posted within the following categories: CMS, Politics & The Law, Science & Research, via Michael Douglas, MD, MBA.]

This is a surprise. Well, at least I wasn’t expecting this aspect of reform to initiate so quickly: five states will be awarded grants to fund tech infrastructure for the purpose of creating early insurance exchanges.  HHS, of course, is responsible for the project’s implementation. The hope is that a template will be created for the overall adoption of the exchanges by mid-decade, as the result of reform.

President Obama’s push for IT integration into all aspects of reform is at play here, as interested states competing for the lucrative grants will have to design seamless modes of technology foundations for the exchanges. The amount that the states will receive is yet to be determined, with the announcement of finalists and grant recipients by February ’11.

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GAO: HHS Did Not Violate Fed Law with Advertising Campaign

[This article posted on October 20, 2010. It is posted within the following categories: CMS, Healthcare Policy & The Media, Politics & The Law, via Michael Douglas, MD, MBA.]

Call Kathleen Sebelius & company anything but guilty of misappropriating federal funds here. The GAO has ruled that the recent promotional ad campaign, which used very elderly actor Andy Griffith in its spots, did not inappropriately use government funds by overstating reform’s Medicare benefits. The standards of publicity and propaganda were not breached as part of the campaign, according to the non-partisan body. HHS had paid over $3M to fund the advertising — characterized, in part, by spots in which Griffith called Medicare improvements under reform “music to my ears”.

GAO also examined three television ads featuring Griffith. It found that they did not constitute “covert communications,” “self-aggrandizement” or “purely partisan activities,” which are prohibited.

The GAO ruling appears to be a setback to the House Committee on Oversight and Government Reform, as its government-wide jurisdiction and expanded legislative authority make it one of the most influential and powerful committees in the House. The setback could be temporary, however, pending the results of the expected shift in the balance of power in the November elections and its impact on the evolution of the reform law over the first half of the ’10s.

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