Issue #137

Key Updates:

House Republicans and the White House reached a compromise on a debt ceiling package that does not include Medicaid work requirements, but would recover $28 billion in unallocated COVID-19 funding and make agencies offset the cost of discretionary rules that cost more than $1 billion over ten years (Inside Health Policy, May 29).

After almost two years of emergency use, Pfizer’s COVID-19 treatment, Paxlovid, has been given full approval by the Food and Drug Administration  (AP News, May 25).

A new report published by Definitive Healthcare found  health care utilization at retail clinics has increased by 200% in the past five years, higher than urgent care centers, primary care practices, and hospital emergency rooms (Fierce Healthcare, May 26).

From May 24 through May 31, CMS approved three Appendix K waivers and ten SPAs, five of which are COVID-19 disaster relief SPAs.

Federal Updates

Featured Content

Debt Ceiling Deal

  • House Republicans and the White House reached a compromise on the debt ceiling package where the Biden administration was successful in keeping out Medicaid work requirements from the deal. However, the deal would recover $28 billion in unallocated COVID-19 funding and make agencies offset the cost of discretionary rules that cost more than $1 billion over ten years. The deal would also provide an additional $604 million in funding for HHS’s Health Care Fraud and Abuse Control (Inside Health Policy, May 29).

FDA Approves Paxlovid

  • After almost two years of emergency use, Pfizer’s COVID-19 treatment, Paxlovid, has been given full approval by the Food and Drug Administration (FDA). Approximately 11 million prescriptions for Paxlovid have been dispensed since late 2021, and the FDA’s decision now allows the drug to remain available permanently. Full FDA approval was only given for adults with COVID-19 who are older or are at high risks of severe disease, like diabetes, asthma, and obesity that may lead to hospitalization or death. For children ages 12-17, Paxlovid remains available under a separate emergency authorization. Paxlovid is the fourth COVID-19 drug that received approval, and the first that is in pill form (AP News, May 25).

News

  • The Substance Abuse and Mental Health Services Administration (SAMHSA) has identified crisis hotlines, mobile crisis units, and crisis stabilization services as the three core crisis services that should be available to those in need of behavioral health support. However, a recent analysis conducted by the Kaiser Family Foundation (KFF) with survey data from 44 states and DC, found that 33 states do not cover all three core crisis services in their Medicaid programs. KFF found that 41 states (including DC) cover at least one core crisis service; 12 states (including DC) cover all three core crisis services; 18 states cover two; and, 11 states cover one. With 33 states covering it, mobile crisis units is the most commonly covered service (MedCity News, May 26).

Federal Studies and Reports

  • According to a new KFF survey published May 24, approximately 65% of surveyed individuals were not aware that states could start removing individuals from their Medicaid rolls this year. KFF surveyed more than 3,600 insured adults in February and March 2023, including more than 1,200 adults with Medicaid coverage. Additional highlights of the survey include the following:
    • About 50% of adults currently enrolled in Medicaid have never participated in a renewal process.
    • One-third of Medicaid enrollees had not provided contact information to the state Medicaid agency in the past year, meaning they might be procedurally disenrolled because of the state’s inability to reach them.
    • Should their Medicaid coverage be terminated, 27% of Medicaid enrollees said they would not know where to look to obtain other health insurance coverage, 15% said they would go without insurance coverage, and only 33% said they would look for coverage on the Affordable Care Act marketplaces (MSN, May 25).
  • On May 24, the Congressional Budget Office (CBO) published an estimate of the insurance rates for most adults in the country. According to their estimate, the country’s uninsurance rate is expected to hit a record low of 8.3% but is expected to climb to 10.1% by 2033. Additionally, CBO projects 6.2 million people will become uninsured due to the restart of Medicaid redeterminations along with 1.6 million people expected to enroll in individual coverage and the rest expected to have employer sponsored benefits. The agency is predicting that 61.1 million people will remain covered by Medicaid at the completion of the Medicaid redetermination process. The CBO also expects enrollment in the ACA marketplace to increase through 2025 and then drop in 2026 after the Inflation Reduction Act’s increased tax credits expire. (Inside Health Policy, May 24).
State Updates

Waivers

  • 1915(c) Appendix K
    • California
      • Uses funds from section 9817 of the American Rescue Plan (ARP) Act for one-time payments to help alleviate financial strain and hardships suffered by California’s HCBS direct care workforce during the COVID-19 PHE and expands access to providers and incentivize retention of current California’s existing HCBS direct care workforce. These one-time payments will be given to providers delivering services under the Home and Community-Based Alternatives (HCBA), Assisted Living, Medi-Cal Waiver Program (MCWP), and the Multipurpose Senior Services Program (MSSP) waivers. Payments will begin processing on September 1, 2023.
    • New Hampshire
      • Seeks to improve the Home- and Community-Based Services (HCBS) system strained from the pandemic by providing for directed payments to providers delivering services under the Choices for Independence Waiver for Elderly and Chronically Ill to fund recruitment, retention and training payments to new and existing HCBS Direct Services Workers (DSWs) and their immediate supervisors beginning May 10, 2023.
    • Pennsylvania
      • Extends previously approved Appendix K flexibilities for the Consolidated, Community Living, Person/Family Directed Support (P/FDS), and Adult Autism waivers until six months after the end of the public health emergency (PHE).

SPAs

  • COVID-19 SPAs
    • Guam (GU-23-0002, effective March 11, 2021): Adds mandatory coverage of COVID-19 vaccine and administration, testing, and treatment benefits as required by Section 9811 of the American Rescue Plan Act.
    • Massachusetts (MA-22-0025, effective March 11, 2021): Adds mandatory coverage of COVID-19 vaccine and administration, testing, and treatment benefits as required by Section 9811 of the American Rescue Plan Act.
    • Massachusetts (MA-23-0026, effective March 18, 2020): Disregards income that would have otherwise been counted for purposes of determining Medicaid eligibility. This time-limited COVID-19 SPA terminated at the end of the PHE.
    • Pennsylvania (PA-23-0011, effective May 12, 2023): Temporarily extends the Alternative Payment Methodology (APM) to pay Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) for COVID-19 vaccine administration.
    • Wyoming (WY-22-0005, effective March 11, 2021): Adds mandatory coverage of COVID-19 vaccine and administration, testing, and treatment benefits as required by Section 9811 of the American Rescue Plan Act.
  • Eligibility SPAs
    • Puerto Rico (PR-23-0001, effective January 1, 2023): Verifies the state’s Aid to Families with Dependent Children (AFDC) income standards and local poverty level for the Medicaid program.
  • Services SPAs
    • Colorado (CO-23-0001, effective July 1, 2023): Adds the populations served by the following 1915(c) HCBS waivers as target groups for Targeted Case Management: Brain Injury (BI), Children’s Home and Community Based Services (CHCBS), Children with Life Limiting Illness (CLLI) Complementary and Integrative Health (CIH), Community Mental Health Supports (CMHS), and Elderly, Blind, and Disabled (EBD).
    • Colorado (CO-23-0001-A, effective July 1, 2023): Adds a target group for children with developmental disabilities receiving services through the Early Intervention program for Targeted Case Management.
    • Massachusetts (MA-23-0003, effective January 1, 2023): Updates the coverage language for certain non-prescription drugs on the state’s pharmacy coverage pages.
    • Texas (TX-22-0023, effective September 1, 2022): Expands the settings an ambulance provider may transport a beneficiary to and from a nursing facility or hospital to any appropriate setting.

News

  • Arkansas continues discussions with CMS about their unwinding efforts after having dropped over 72,800 Medicaid beneficiaries from coverage since April. Arkansas was one of the first states to begin redeterminations and announced in April that they had disenrolled over 54,300 people because they could not be located, did not submit timely renewal forms, or did not answer requests for more information. While states are responsible for determining Medicaid coverage for their residents, CMS continues to work closely with states to ensure that people remain covered (Inside Health Policy, May 30).
  • Starting June 1, thousands of South Carolina residents may lose Medicaid coverage due to the post-pandemic unwinding process. The South Carolina Department of Health and Human Services anticipates close to 300,000 members being disenrolled by next year. Due to these large numbers, some lawmakers have revived the consideration of Medicaid expansion in the state. Without Medicaid expansion, many South Carolina residents will have to contend with limited eligibility criteria once the disenrollment process ends (Yahoo News, May 30).
  • Since April 1, Arizona has decreased its Medicaid/CHIP enrollment by 56,000 beneficiaries. The state has the second highest number of disenrollments, after Arkansas, since the continuous coverage requirement ended on April 1. However, Medicaid advocates have noted that the state has a much better system for its redetermination process than other states as only one-third of the redeterminations have resulted in coverage termination. In comparison, Arkansas and Idaho have disenrollment rates of 52% and 60% respectively (Inside Health Policy, May 25).
  • A study conducted by the Center for Budget and Policy Priorities from November 2019 found that the lack of Medicaid expansion in Mississippi has attributed to the premature deaths of 540 of the state’s residents between 55-64 years of age over a four-year period. The study further notes that over 19,000 lives have been saved in states that have expanded Medicaid. Today, Mississippi is one of ten states that has not expanded Medicaid (Mississippi Today, May 28).
Private Sector Updates

Retail Healthcare Utilization on the Rise

  • A new report published by Definitive Healthcare found health care utilization at retail clinics has increased by 200% in the past five years, higher than urgent care centers, primary care practices, and hospital emergency rooms. Presently, there are 1,800 active retail clinics across 44 states with only 2% in rural areas. CVS has the largest market share at 63% and has ownership of more than half the clinics in rural areas. Kroger Health has the second largest market share at 12%, followed by Walgreens in third at 8%. Other players in the retail clinic space include Walmart, Amazon, Best Buy, and Dollar General. The report also noted that immunizations and exposure to COVID-19 were the top diagnosis reported by retail clinics (Fierce Healthcare, May 26).

News

  • On May 25, the Medical Group Management Association released a report analyzing data from over 190,000 physicians. The report found that while primary care physicians saw the biggest pay increase among surgical and nonsurgical specialists and advanced practice practitioners in 2022, they remain among the lowest paid across all specialties. This results in less medical school graduates specializing in primary care and exacerbates primary care physician shortages across the country. The report discusses key findings including: primary care physician pay varies regionally; no specialists’ pay kept up with inflation; growth plans have scaled back; large retirement numbers are forthcoming; and, signing bonuses are increasingly popular (Modern Healthcare, May 26).
  • On April 17, Point32Health, the parent company of Tufts Health Plan and Harvard Pilgrim Health Care, discovered a cybersecurity breach, resulting in the theft of patient data and the inability to process claims. The incident involved systems that support the Harvard Pilgrim Health Care commercial and Medicare Advantage Stride plans. Information was taken between March 28 and April 17 and included names, phone numbers, Social Security numbers, provider tax identification numbers, medical histories, diagnoses and treatments, dates of service, and provider names. The payer-provider declined to publish the number of members affected (Health Payer Specialist, May 26).
Sellers Dorsey Updates
  • Fixing the US health care system has often been described as attempting to herd cats. Senior Strategic Advisor for Sellers Dorsey and nationally-recognized Medicaid and health care reform expert, Matt Salo, explores opportunities and solutions to fixing the US health care system in this uniquely crafted metaphor. Click here to read the article.

  • We’re pleased to share that two of our Sellers Dorsey experts were appointed to the Medicaid and CHIP Payment and Access Commission (MACPAC). Congratulations to Jami Snyder and John McCarthy for their outstanding work in Medicaid and for being appointed to this important health care commission. Their combined expertise and experience are sure to be an asset to MACPAC. Read the full press release here.


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