August 6, 2010

Medicaid Cost Containment Task Force Begins Seeking New Ideas

A meeting of the Medicaid Cost Containment Task Force and Medicaid Oversight and Advisory Committee was held on Tuesday July 20 in Frankfort, KY.  This is a joint Senate-House task force charged with advising the legislative chambers and the administration on approaches to reduce the growth in Medicaid spending.

Elizabeth Johnson and Neville Wise, Commissioner and Deputy Commissioner of Kentucky Medicaid, made a lengthy presentation to Senate and House members of the Task Force and Committee.  The Task Force and Advisory Committee included a number of lawmakers including Senate President David Williams and House Speaker Greg Stumbo, both aspiring governors.

The presentation by Commissioner Johnson and Deputy Commissioner Wise covered:

  • An Overview of the Medicaid Program
  • Medicaid Cost Drivers
  • Medicaid Cost Containment Measures
  • Medicaid Pharmacy Benefit

Medicaid provides coverage to approximately 800,000 of Kentucky’s most vulnerable citizens, including 60,000 children.  Medicaid paid for 21,000 births in Kentucky in 2009, approximately 37% of all Kentucky births for that year. That’s a startling percentage given that Medicaid is intended to cover our poorest citizens.

Kentucky’s Medicaid program has seen unprecedented growth in the number of new enrollees over the past year due to a weakening economy.  During 2009, over 3,000 new recipients were added each month compared to 930 per month in 2008.  Most of the new recipients were children.

According to Commissioner Johnson, Medicaid is the primary payer of healthcare in Kentucky.  Medicaid has approximately 40,000 enrolled hospitals, physicians and other providers. 

Commissioner Johnson identified the following cost drivers during 2009:

  • Extraordinary Events
    • Hospital Inpatient Medicaid Settlements
    • American Recovery and Reinvestment Act Payment Acceleration (stimulus funds provided to shore up state shortfalls)
  • “Unprecedented” Eligibility Growth related to the poor economy
  • Cost and Utilization Growth
    • More physician offices converting to Primary Care Centers and Rural Health Clinics (with enhanced payment rates from Medicaid)
    • New services
    • Physician payment increase

The Medicaid cost containment measures taken, or to be taken by Medicaid include the following:

  • Post payment pharmacy audits
  • Prior authorization of certain drugs
  • Changing time when recipients can refill a prescription
  • Fill prescriptions from Medicaid Providers only
  • Modify coverage of OTC medications
  • Enhanced Lock-In Program
  • Quit paying for hospital acquired conditions and never events

Efficiencies achieved by Medicaid outlined by Commissioner Johnson are as follows:

  • Diabetic supplies to be purchased through pharmacy instead of DME
  • New Program Integrity Support Vendor
  • Implement recoupment from providers billing in excess of coverage limits
  • Revenue Intercepts
  • Health Insurance Premium Payments

The following is a list of Medicaid benefit expenditures for selected categories of service in 2009:

  • Inpatient and Outpatient Hospital      $1.05 billion
  • PCC and RHC                                                 $149 million
  • Community living waiver                        $241 million 
  • Physicians                                                       $339 million

Total expenditures for these selected programs in 2009 were $1.78 billion (total Medicaid spending, when including other services such as nursing home care were about $5.5 billion). Commissioner Johnson outlined a total savings of $65 million or 3.6% of the selected services (around 1% of total spending) from the above cost containment measures and efficiencies. Some of those measures have not been implemented as yet.

One interesting point made by Senate President Williams was that Kentucky has many people in low wage jobs that have employer sponsored insurance.  These people would most likely qualify for Medicaid.  In 2014, when coverage mandates begin with Health Care Reform, he speculated that some employers will drop their health insurance and pay the penalty tax.  If this happens, many of these people will likely become Medicaid recipients.

There was much discussion about the Lock-In program proposed by Medicaid.  This is a program where recipients, who have certain utilization characteristics (inarticulately referred to as “frequent flyers” in the industry), will be “locked-in” to a primary care provider, pharmacy, and hospital for non-emergent care.  Commissioner Johnson estimated the savings for Medicaid would be approximately $5 million.  If a recipient goes to the ER for non-life threatening services, the Hospital is to discharge the recipient to their primary care physician (PCP) and will be paid an assessment fee only.

President Williams discussed Medicaid’s “Wrap Around” program.  This is where a Medicaid recipient is covered by an employee sponsored health insurance plan.  Medicaid would pay the recipients premium and be a secondary payer.  The discussion centered on whether the Kentucky Medicaid program was actually saving money with such a program.  Commissioner Johnson wanted to determine if more recipients are eligible for this program.  Senate President Williams wanted the Commissioner to quantify the savings the “Wrap Around” program brought to Medicaid.

Finally, Speaker Stumbo wondered aloud if savings could be achieved by scaling back “optional” programs. For example, pharmacy, dental and home care services are provided at the option of the state. There was some discussion, led by Representative Jimmie Lee of Elizabethtown, around the “unintended consequence of eliminating one of the so-called optional services”. For example, eliminating pharmacy coverage might result in diabetics not getting needed medicines and ending up in the hospital, thereby increasing costs in excess of the savings from cutting the drug benefit.

 

Dean Dorton Ford’s Point of View

Kentucky’s administrative and legislative leaders face many tough decisions over the next several years.  With growing enrollment as a result of the weakened economy and a reduction in federal matching funds from stimulus-enhanced levels, clearly something must be done to bring the Medicaid program under control.

It’s not just a question of saving money. Many are questioning our funding priorities from a longer-term strategic perspective. The Kentucky Chamber of Commerce has pointed out that the increasing percentage of the state budget devoted to Medicaid is coming at the expense of funding for education. Independent of that report, The Kentucky Institute of Medicine has published data showing that poor health status is directly correlated with low education levels.

We are racing to the bottom in this endless pattern of poor education, rising poverty, poor health status and ultimately a workforce that is holding our Kentucky economy back from any real growth.

In our view, this pattern must be reversed.

We believe the citizens of the Commonwealth should commit firmly and finally that our long-term priority will be to provide an outstanding education to every Kentuckian, whether through public or private schools. Our benchmark comparison should be to student achievement in India and Asia, not Arkansas, Illinois or California. Our Medicaid program should be examined with that long-term strategy as a backdrop.

We also firmly believe that health care costs, within Medicaid and generally, are driven by personal choices, in many cases enabled by governmental policies, impacting health status. Some are obvious such as choosing to smoke or deciding not to exercise daily. Some are less so, such as the impact farm subsidy programs have on the production (and consumption) of grains. The various issues leading to the high costs of health care illuminate a complex and multidimensional problem that will respond to decisions made by individuals, policy makers and clinicians.

With that as a background, we suggest that the Task Force, and others studying Medicaid and the Health System in general, consider adopting the following principles:

  • Commit to a singular focus on greater educational achievement.
  • Provide a well thought-out, effective and flexible approach to improving health, wellness and prevention.  An example would be to monitoring a diabetic recipient’s compliance with routine health maintenance and perhaps provide assistance in scheduling meetings with dieticians.
  • Change the way providers are paid, rewarding better health status and reductions in the use of high cost services such as hospital emergency rooms rather than rewarding high utilization.
  • Utilize the Lock-In program for all Medicaid recipients, providing a mechanism for reducing emergency room usage. 
  • Kentucky’s Medicaid program is isolated from competition.  Kentucky should explore encouraging private plans and networks to compete for Medicaid recipients.  Private plans and networks will have to design plans that will attract recipients. 
  • Kentucky’s Medicaid program could offer choice to its recipients.  Kentucky could offer a variety of packages aimed at specific health care needs.  Recipients could then choose the plan which suites their individual needs.
  • One problem Kentucky Medicaid faces is lack of predictability in expenditures, paying for services after they are performed.  Consideration should be given to providing Medicaid recipients with a defined contribution plan or a fixed subsidy with which they could purchase care.

Kentucky Medicaid needs to experiment and be innovative to foster much needed change.  The status quo in Kentucky’s Medicaid program is no longer acceptable.  The current status of the Medicaid program is unsustainable and will only get worse if nothing is done.  Experimentation and innovation must begin now in order to address a crisis once Health Care Reform changes are initiated during 2014.

In summary, we believe the following should be considered in reforming Kentucky’s Medicaid plan:

  • There is a correlation to ones education and health and wellness
  • Case Management plays a very important role in wellness and prevention
  • Without competition, Medicaid costs will continue to climb
  • Payment reform should be geared toward patient outcomes rather than fee for service which increases utilization

 For more information please contact Jeff Presser at jpresser@ddfky.com or Mark Carter at mcarter@ddfky.com

January 6, 2010

Meaningful Use Defined

As promised, the Centers for Medicare & Medicaid Services (CMS) delivered their proposed rule defining meaningful use of certified electronic health record (EHR) technology.  As provisioned in the American Recovery and Reinvestment Act of 2009 (Recovery Act) incentive payments will be available to eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) who can demonstrate meaningful use of EHR technology.

 On December 30, 2009, CMS released their 556 page proposed rule on the requirements for the EHR incentive program (RIN 0938-AP78 and CMS-0033-P).  The major component of this rule is the definition of meaningful use.  CMS is proposing a multiple stage rollout for meaningful use.  Stage 1 is the focus of the current proposed rule.  Stage 1 criteria will be in effect for reporting year 2011.  CMS anticipates that Stage 2 will be implemented for reporting year 2013, and Stage 3 will be implemented for reporting year 2015.

 The proposed Stage 1 criteria for meaningful use focus on electronically capturing health information in a coded format, using that information to track key clinical conditions, communicating that information for care coordination purposes, and initiating the reporting of clinical quality measures and public health information.  The proposed criteria for meaningful use are based on a series of specific objectives, each of which is tied to a proposed measure that all EPs and hospitals must meet in order to demonstrate that they are meaningful users of certified EHR technology.

 For Stage 1, CMS proposes 25 objectives for EPs and 23 objectives for eligible hospitals that must be met to be deemed a meaningful EHR user.  For a detailed listing of the EPs and hospital criteria, please visit our website: www.ddfky.com/HITECH-Act.html.

 In a separate but related proposed rule, the Office of the National Coordinator for Healthcare Information Technology (ONC) released the proposed set of standards, implementation specifications, and certification criteria for EHRs.  Preliminary review of this proposed rule indicates that the standards are primarily based on existing standards and technology.  The intent is to make the goals more achievable in the desired timeframe.  Subsequent rules are expected to follow, with greater detail and steps toward better interoperability.

 Both of these proposed rules will have a 60-day comment period.  The respective agencies will review all comments and make final changes as quickly as possible.  I encourage all interested parties to review the rules and share your comments and concerns with the respective government agency.

 Jason D. Miller

Director of  Technology Consulting

jmiller@ddfky.com

Miller Jason

December 9, 2009

The “Meaningful Use Guarantee”

On February 17, 2009, President Obama signed The American Recovery and Reinvestment Act of 2009 (the Recovery Act).  A major component of the Recovery Act is its emphasis on improving health information technology (also known as HIT).

To accomplish the improvement in HIT, the Recovery Act includes payment incentives for qualifying professionals.  Physicians and hospitals that are considered early adaptors of electronic health records (EHR) can receive a significant amount of money from Medicare or Medicaid.  However, there are many stipulations and criteria for receiving these incentives.

Being eligible for the incentives is not going to be as easy as just installing an EHR product.  One of the major stipulations in the Recovery Act is the demonstration of “meaningful use” by the EHR product.  The problem facing providers is that “meaningful use” was not defined in the Recovery Act.  CMS does not expect to release the criteria for “meaningful use” until the end of 2009.  There is also expected to be a period of time for discussion and refinement.  I do not anticipate a final definition until sometime late in the first quarter of 2010.

So what is the issue?  Healthcare providers are reluctant to make any major decisions on EHR solutions until “meaningful use” is fully defined.  On the surface, that would seem like a logical process.  However, the incentives become available in 2011 and it is anticipated that you will need some amount of historical information (3 to 6 months at a minimum) in your EHR to be able to demonstrate “meaningful use.”  Again, so what is the issue?  An average EHR solution implementation, for a five physician practice will require a minimum of ninety to one hundred twenty days to be up and running.  That is only considering the EHR functions.  If the practice management (billing, scheduling, etc.) modules are also needed, that will likely double the time required.  Larger practices and hospitals are looking at much longer implementations to account for increased complexities and size.  Another item to consider is the probable increase in demand of EHR products which will only lengthen the implementation time lines.

To help alleviate the concerns of potential customers, the larger EHR solution providers have started offering a “Meaningful Use Guarantee.” The goal is provide potential customers with some comfort that they can go ahead and make decisions even though we do not know what the criteria will be.  The software companies know that we cannot all wait until the first or second quarter of 2010 to make the decision and expect to be ready in time for 2011.  

Providers should be cautious as to how the “Meaningful Use Guarantee” is worded.  I believe it will be very difficult for a software company to guarantee that a healthcare provider will receive the incentives.  There are too many factors within your organization that they cannot control, nor do you want them to.  The kind of guarantee that you should be looking for is one that states that the solution provider will guarantee that their software will be adapted to meet any certification criteria by a set time. I believe that any of the established and large EHR solution providers should be able to react quickly enough to any “meaningful use” criteria.  The ability to accomplish this will primarily be determined by their size and resources.

I believe that there are many safe bets out there that allow you to begin evaluating and working toward selecting an EHR vendor.  Just be sure they are established, motivated, and have the resources to react quickly enough. 

A final thought of caution.  These incentives are there and motivating healthcare professionals to engage in technology improvement.  I do believe this is ultimately a good direction for the profession.  However, please be cautious as you work through determining the right solution for your organization.  Technology itself is NOT the whole answer.  A software solution is only as good as the process and ability of those people using it.  Be sure you do not rush your EHR implementation for the sake of receiving the incentive.  A bad implementation could ultimately cost you and your organization more than these incentives provide.

If you would like assistance on your EHR project, please contact Dean Dorton Ford.  Our team of Technology, Healthcare Compliance, and Performance Improvement consultants are uniquely qualified to help your organization work through the evaluation and transition process. 

For more information, contact Jason Miller.

Jason D. Miller
Director, Technology Consulting
Dean Dorton Ford
(859) 425-7626
jmiller@ddftech.com

Miller Jason