SNAPSS Position on Upcoming Bills to Change Louisiana Medicaid and MLTSS

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Summary of Position on Medicaid-Related Bills 2016

Copays and Premiums for Medicaid Recipients – Opposed

Brand Name/Generic Drugs and Discontinuation of  OTC Medications — Opposed

Dedication of Copays/Premiums to NOW Fund – Opposed

Fees for Non-Emergent Care in ER Settings – Supported with Conditions

MLTSS for OCDD populations – Opposed at this time

Increased Premium on FOA Medicaid from $50 to $65 –Opposed

The following are the positions of Special Needs & Parent Support Services of LA, LLC to various bills in the Louisiana Legislature in 2016.  All positions are mine, Karen Scallan,  as owner of SNAPSS of LA, LLC.

Copays and Premiums for Medicaid Recipients – Opposed

Copays on medications, doctor visits and premiums in Medicaid might sound good on the surface but research has repeatedly proven they will cost more, not save money as people begin to ration critical and chronic care needs.  The National Health Law Program or NHELP’s paper on Medicaid Premiums and Cost Sharing, March 2014,  indicated cost sharing and premiums was heavily studied and the consistent and ever-expanding literature … repeatedly demonstrates that premiums and cost sharing pose barriers to care for low-income and vulnerable populations….” 

Since Medicaid recipients are mostly children, the poor, elderly, sick people and people with disabilities, that is who will be affected by these fees.  When individuals who are poor, sick, elderly and disabled have to pay $4-$8 per medication, a copay to the doctor and $50 a month premium, they are going to have to decide what they can do without…food or medication, heat in the winter or doctor visits.  They will ration critical care and that will push people to more expensive care when symptoms and conditions reach unbearable levels– strokes without blood pressure medications, heart attacks without blood thinners, greater numbers of seizures and brain damage without seizure meds and all will end up in the ER, intensive care, and other hospital settings in our state—care venues which cost the most and account for the largest portion of that 1/3 of our budget we’re complaining about.

NHELP’s paper cites a Canadian study that found that a recipient’s reduced use of essential drugs by 14% correlated to an 88% increase in hospitalizations and death and a 78% increase in emergency room visits.  Conversely, studies also show a reduction in cost sharing is linked to increase adherence and improved health outcomes. Increased health outcomes translate to lower costs.  Healthier people cost less.  And, NHelp cites studies focusing on nominal copays for Medicaid recipients in the range of $2 or $3 for individuals with schizophrenia that showed the individuals discontinued their medications at a significantly high rate when charged the copay.  Individuals on antipsychotics reduced their use by 12% and those on antidepressants by 20%.  In a Mississippi study, patients with schizophrenia were 5% less adherent to medications and 20% more likely to have a 90+ day gap without medications.  Now how would that affect our mental health care system?  Law enforcement? Are we really ready for that?

Individuals in group homes and institutional care are also at a huge disadvantage.  They already pay almost all of their income for their care except for a meager allowance.  Who will pay the copay for these individuals?  Who will pay their premium?  There’s nothing left.  House Health and Welfare Committee members heard testimony on March 22nd about how Home and Community Based (HCBS) providers are on the verge of collapse now with the roughly 22% cut they’ve taken since 2008.

Medicaid recipients are in the emergency room more often, and their care generally costs more, because they are more likely to be chronically ill and need emergency and high cost care.  And, as we begin to add administrative costs to collect these fees as more people ration critical care and move into emergency rooms, intensive care and other hospital settings we will see this sink our state even more in the hole.  This will cost more, not save money.

http://www.healthlaw.org/publications/browse-all-publications/Medicaid-Premiums-Cost-Sharing#.VwQUO6QrLcs

Brand Name v. Generic Drugs and Discontinuation of OTC Medications – Opposed

Moving all name brand drugs to non-preferred status would be detrimental to many individuals with special health care needs.  In very specific circumstances for individuals with complex medical needs, generic drugs simply do not work the same.  Individuals, particularly children with seizure disorders know this difficulty all too well.  A considered approach to any preferred drug list must be taken to protect medical necessity for our most vulnerable individuals.

Additionally, over the counter medications are costly for families of children with disabilities, the poor and elderly.  One bottle of Miralax for children is over $20.  Without providing for payment for this under Medicaid, children with special health care needs will not receive the care they need if the family cannot afford another $20 per month.

Dedication of Copays/Premiums to NOW Fund- Opposed

HB 173 includes a provision to dedicate the copays and premiums to the New Opportunities Waiver Fund. This provision proposes to pay for one of the needed developmental disability waivers on the backs of the poorest, sickest and most disabled individuals in our state while we protect corporate welfare.  Yes, Medicaid is expensive and yes we need a funding stream for the developmental disabilities waivers in Louisiana, but this is not the answer!

Fees for Non-Emergent Care in ER Settings – Supported with Conditions

Non-emergency care in emergency room settings continues to be a problem for the state by unnecessarily increasing the high cost of care to Medicaid recipients. But, if Medicaid recipients are to be charged a fee for non-emergency care administered in the ER, great care must be taken to protect individuals with significant and complex medical conditions or disabilities whose conditions are not readily evident to their caregivers due to such things as inability to communicate symptoms for example.  For individuals with developmental disabilities, a significant and dangerous medical condition may manifest itself in acting out behaviors and little else due to lack of communication.  Others with significant developmental and physical delays may simply “look bad” to the care giver and given their fragile state might need to be seen in an emergency room.  If it turns out ultimately that there was no emergency, these individuals must be exempt and protected from being charged for emergency room use.

MLTSS for OCDD populations – Opposed at this time

MLTSS for OCDD populations (individuals with intellectual and developmental disabilities or I/DD) MUST NOT be implemented at this time.  Not one component of an MLTSS program for individuals with I/DD is ready for implementation at this time, not DHH, OCDD, The Advisory Committee, the providers or the Managed Care Organizations (MCOs).  Additionally, the deadline which HB 790 imposes on implementation of MLTSS would mean that virtually none of the protections agreed upon by the state and the Advisory Committee would be implemented because there simply is not enough time.  And, finally, MLTSS as proposed in HB 790 and 309 are proposed for implementation as a cost saving measure.  There is absolutely zero actuarially sound data anywhere in the US that indicates that managed care for individuals with I/DD will save money.  That was never the purpose in DHH proposing it in the first place.  In fact such a program for OCDD recipients will cost more in the first year and be cost neutral thereafter.

Increased Premium on FOA Medicaid from $50 to $65 –Opposed

A $15 increase in the premium for Family Opportunity Act Medicaid families will most definitely not solve the budget crisis but will add yet another burden to families who already cannot afford their child’s care.  Families of children with disabilities pay significantly more just to care for their child on a daily basis as compared to a “typical” family.  Burdening them with a higher premium on top of the private insurance premium many have and the other costs they face is tantamount to punishing them for their child’s disability, especially since it will do nothing to alleviate our budget crisis.

Louisiana MLTSS Update 12-17-2013

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UPDATE ON LOUISIANA’S MANAGED CARE AND LONG-TERM SUPPORTS

AND SERVICES INITIATIVE IN LOUISIANA

December 17, 2013

 This update summarizes what occurred at the Medicaid Managed Care and Long-Term Supports and Services (MLTSS) Advisory Group meeting held on December 12, 2013. This document was prepared by Karen Scallan, member of the MLTSS Advisory Group representing parents of children and youth with developmental disabilities and complex needs.  Questions regarding this information should be directed to Kcscallan@gmail.com.

HOW TO COMMENT ON MLTSS IN LOUISIANA

YOUR VOICE IS IMPORTANT. THESE CHANGES WILL CHANGE HOW YOU OR YOUR LOVED ONE RECEIVES WAIVER SERVICES.  See the note at the end of this update regarding future meetings and public forums.  In the meantime, learn more and send your comments by visiting the following links:

Find out More, Visit:  http://new.dhh.louisiana.gov/index.cfm/page/1684/n/379

Send Comments to:  dhh.louisiana.gov/index.cfm/page 1684/n/379.

OPTIONAL OPT IN FOR WAIVER RECIPIENTS TO BAYOU HEALTH

After the MLTSS Advisory Group meeting, a smaller group discussed allowing individuals receiving waiver services to OPT IN to the Bayou Health program.  There are areas of our state where access to care is limited because physicians won’t take Medicaid Fee-For-Service agreements, but who are participating in the Bayou Health plans.  An OPTIONAL OPT IN for these individuals to choose Bayou Health is a good thing for choice.  This is significantly different than the full scale mandatory Bayou Health participation that was attempted previously.  The caveat is though that anyone opting in for Bayou Health now will have to change plans as we move to MLTSS and health care is included in that.  In addition to this OPT IN, they can OPT OUT if it does not work for them as long as they’re still in Bayou Health.

Comments included that families and individuals need to have education on the MLTSS change and they may or may not be mandatorily moved into MLTSS, depending what is decided and the RFP outcomes.  The group felt that choice was always important for individuals and were generally happy with the state’s proposal on this.

MEETING SET UP

The meeting was not as well attended as the first one.  Opening remarks and a presentation summary of the current LTSS services under the Office of Aging and Adult Services (OAAS) and the Office for Citizens with Developmental Disabilities (OCDD) was provided.

After the summaries, the Advisory Group broke into 4 subgroups to address questions in their respective concept paper and to answer questions proposed in the Request for Proposal concept paper. These concept papers can be found by visiting  http://new.dhh.louisiana.gov/index.cfm/page/1684/n/379 .  The four work groups were:

  1. Stakeholder Engagement and Communications
  2. Consumer Protections
  3. Measuring Quality
  4. Accountability

After the subgroups met to discuss and answer the proposed questions, they returned to the larger group to present to the whole body and audience.  This format will continue with upcoming meetings. I attended the Consumer Protections workgroup.

The following is a summary of what each workgroup presented to the whole body and what we discussed in the Consumer Protections group.  I will be preparing in the next week a commentary on the questions presented and additional suggestions which will go to DHH.  I will publish that when it is complete.

ACCOUNTABILITY SUB GROUP

Questions for the Accountability Group included:  What measures did they think were most critical to include in a contract for MLTSS and for DHH accountability?  Were there any less critical measures?  Why?  And any other recommendations for inclusion on accountability in the contract?

The group responded that

●There should be clear performance indicators and reporting data set.

●MCO should be held accountable for outcomes

●When outcomes trend in the wrong direction, or the MCO doesn’t meet their goals or not enough progress is made, this should trigger and audit or accountability review and recommendations for changes made.

●Specific trigger points should be delineated in the contract

●Financial penalties should be included

Examples were given that some states only pay billing to the MCO at 95% during the fiscal year and preserve 5% to be paid at the end of the year only if outcomes are met

●Accountability should have teeth

●Requirements for credentialing services should not be dumbed down

●MCO must be forced to invest in non-billable quality monitoring, in other words, hire separate staff for internal monitoring who are not also responsible for billable services

●There were no “less-critical” decisions to consider

●There should be a requirement for electronically verifiable services.

MEASURING QUALITY SUB GROUP

Questions for the Quality Measures Group included:  Do they recommend the continuation of quality measures currently used?  Should the state set a pre-Managed care measures baseline or should the MCO set it in the first year?  What should the initial priorities for improvement be?  What are the most critical domains to measure in assessing MLTSS outcomes?

The group responded that

●There are no nationally recognized MLTSS core measures

●We want to compare apples-to-apples

●Quality of Life should be considered

●We want to be able to make cross-state comparisons

●Specific tools that are used for other purposes could be used such as the Personal Experience Survey created by Centers for Medicaid and Medicare Services (CMS).

●An independent survey should be conducted by the state

●Current measures should be continued and built upon

●Consideration for other nationally-recognized measures are out there

●Consideration should be given for what MCO’s are currently using

●The state should consider pioneering state-specific measures

●They are unsure on what to measure since we don’t know what specifics we want to see in the end.

●We should be measuring what we hope to achieve and consider measurement on impact on access to care; providers; care coordination; re-hospitalization; over utilizations; level of care that is appropriate and impact on health of LTSS services.

 STAKEHOLDER ENGAGEMENT/COMMUNICATION SUB GROUP

Questions for the Stakeholder Engagement/Communication Group included:  What should the structure of the public forums be? What existing events are there they could attend? What existing communication methods could be used? What additional stakeholder engagement should be done?   What considerations should be given to communication with families of and individuals in institutional care? In Home and Community Based Services (HCBS)? and waiting for services? What should be in a successful plan?  What groups should be part of the communication/engagement plan?  What other important considerations should be made?

The group responded that

●Businesses should be engaged in the process

●Focus groups should be held for message content

●Administrative simplicity should be included

●There should be online access

●All providers should be in all MCOs and plans to begin with

●Communication to families/individuals through meetings, provider conferences, existing networks, newsletters, FAQ sheets, speaker bureau, public service announcements, government access channels on cable and faith based groups.

CONSUMER PROTECTIONS SUB GROUP

Questions for the Consumer Protections Group included:  What considerations should be made in implementing the CMS mandated consumer protections?  What CMS voluntary options for consumer protections should be included? Should there be an Ombudsman Program? If so, what should it look like?  Design? What characteristics should an Ombudsman Program have and what would be the ideal outcomes for success?  What factors should warrant someone being allowed to change plans outside the enrollment period?

The group responded to each of the CMS Mandatory and Voluntary Protections Separately:

Mandatory Requirements

            ●CIVIL RIGHTS           

●MCO must demonstrate knowledge of civil rights issues, laws and regulations;

●MCO must provide ongoing training on same

●MCO must demonstrate how they will ensure accessibility of services

●MCO must contract for translation services in a wide variety of languages

●MCO must demonstrate an understanding of the additional rights and protections for traditionally underserved populations including individuals who are homeless, living in rural communities, receiving mental health services and substance abuse services.

            ●ENROLLMENT SUPPORT

●MCO must provide language support as described above

●Materials must be no higher than 6th grade educational level

●Significant information should be provided, NOT JUST MARKETING BROCHURES

●Individuals should be able to transfer plans for cause where cause is open as long as the person can truly show good and sufficient reason for transfer.

●Ombudsman should be included in the process as conflict-free support

            ●APPEALS/DUE PROCESS RIGHTS

●Sufficient PRIOR notice regarding events/actions requiring a respond

●Services should remain in place during appeals

●Letter of acknowledgement of requests and timeline for responses

●Clean and easy process for appeals/due process with timelines delineated

            ●CRITICAL INCIDENT MANAGEMENT

●THIS WAS NOT DISCUSSED DUE TO TIME CONSTRAINTS

            ●CONFLICT FREE EDUCATION

●Ombudsman Program should be involved

●Consumers should be able to acknowledge an authorized representative

(could be family or staff)

●Non-computer based options for education

Voluntary Requirements

        ●CONTINUITY OF CARE (MANDATORY ENROLLMENT V. VOLUNTARY

●THIS WAS NOT DISCUSSED DUE TO TIME CONSTRAINTS

         ●COMPLAINTS AND GRIEVANCES

            ●Ombudsman Program should be involved in this

●Clear and standardized complaint form

●Include possible member-advocates or liaisons in the MCO to help with complaints, BUT NOT AS A SUBSTITUTE FOR INDEPENDENT OMBUDSMAN PROCESS

●MCO should be required to report both formal and informal complaints

           ●INDIVIDUAL CHOICE

●Self-Directed care coordination option*

●No more than 4-5 plans with five considered a lot

●There should be an option for individuals to assume risk for living in what may be considered an unsafe condition so that they can stay in their own home.  Ex. The elderly individual who chooses to live at home with less safety than have to move to a strange nursing facility environment.  This would include a written acknowledgement to the state/MCO removing them from liability.

           ●CONTINGENCY PLANS

●THIS WAS NOT DISCUSSED DUE TO TIME CONSTRAINTS

           ●OMBUDSMAN

●Ombudsman Program should definitely be included

●The program should be separate and independent

●It should be a significant contract

●The contract should include requirements for regular visits

●Ombudsman would be the only logical conflict free individuals to assist with changing plans.

SUB GROUP RESPONSES TO QUESTIONS POSED IN THE REQUEST FOR PROPOSALS CONCEPT PAPER

Questions regarding the Request for Proposals Included:  Should the state issue 1 RFP for both populations (individuals who are elderly and those who have developmental disabilities)?  What factors should be considered in how many MCO contracts should be awarded?  What should the implementation set up be?  Phased in or 100% all at once?  Should one population be phase in before another?  How can they achieve administrative simplicity?

The subgroups responded as follows:

ACCOUNTABILITY SUB GROUP

            ●Two separate RFPs for each population because a single RFP might eliminate an exceptional MCO for one population due to lack of experience in the other population.

            ●Economy of scale was secondary to specialization of service

            ●Maximum of 2-3 plans statewide

            ●A geographic phase in should be used but the process should go slower than Bayou Health’s geographic phase in.

            ●For simplicity:  Use standardized billings, forms, processes, standards, clearly defined critical incident and mandatory reporting within a defined time frame.

MEASURING QUALITY SUB GROUP

            ●This was the only group to respond that one procurement should be provided

            ●This group felt that economy of scale was important for an MCO to be able to provide a healthy array of providers

            ●They believe a larger MCO can better serve both populations

STAKEHOLDER ENGAGEMENT/COMMUNICATION SUB GROUP

            ●Two separate RFPs for each population

CONSUMER PROTECTIONS SUB GROUP

            ●Two separate RFPs for each population

            ●No more than 4-5 plans with 5 really being almost too much.

            ●Factors that should be considered in the decision are:

            ●There are people with developmental disabilities receiving personal care services through Office of Aging and Adult services who would be moved with that group into that RFP process who might need services offered in the procurement for developmental disability services (ex. Employment)

            All procurements should provide equal services

            ●There is a lack of experience in MLTSS services to individuals with developmental disabilities by most MLTSS MCO companies

            ●Medicaid/Medicare dually-eligible individuals have to be considered

NEXT MEETINGS AND OPPORTUNITIES TO GIVE COMMENT

Next meeting

The next meeting is Thursday, January 9, 2014, 10:00 am.  For the next meeting, there will be four work groups: (1) Enrollment, (2) Benefit Design, (3) Care Coordination, and (4) Populations.

Public Forums

Public forums will being in January. These will include regional stakeholder meetings arranged by the Department of Health and Hospitals (DHH), webinars, and additional events where Long Term Supports and Services transformation can be discussed.  DHH is seeking information on other events where they can present.

Subsequent Meeting Dates

February 6, 2014  (Work groups will be:  Focus on Rebalancing; Coordination with Medicare;  Providers  Choosing our Partners; Implementation)

Next meeting is June 2014 (NO MEETINGS DURING LEGISLATIVE SESSION)

RFP Release anticipated in Summer 2014

For questions regarding this update contact:

Karen Scallan

kcscallan@gmail.com