Alaska Health Policy Review comprehensive, authoritative, nonpartisan

August 24, 2010 - Vol 4, Issue 18
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From the Editor
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Dear Reader:
Last week I took a quick two-day trip to Seattle in order to spend one rather long day in a nondescript meeting room of an uninteresting federal office building downtown. Fortunately, the conversation was considerably more intriguing than the surroundings. This was the first meeting of the Region X Health Equity Board, a building block of the National Partnership for Action to End Health Disparities. Through some mysterious process I had been invited to attend this first planning meeting of the regional board.
The operating definition of "health disparity," created by the federal staffers of this ambitious emerging national program, is:
A particular type of health difference that is closely linked with social or economic disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater social or economic obstacles to health based on their racial or ethnic group; religion; socioeconomic status; age; gender; mental health; cognitive, sensory or physical disability; sexual orientation; geographic location; or other characteristics historically linked to discrimination or exclusion.
Health disparities are very real in Alaska and across the United States. I commend the Office of Minority Health for putting so many resources into planning a national effort to address health disparities. The national effort is tied into an emerging Alaska effort within state government to more aggressively address these issues within our own state.
Still, the cynic in me whispers, "Get out now, while you can. This will be a time sink and will ultimately collapse as so many of these federal initiatives do." The do-gooder optimist in me whispers in the other ear, "This is an extraordinary opportunity to activate national, regional, and local resources to vastly improve the health of tens of thousands of Alaskan families. Stick with it and help make it work!"
Two compelling arguments. Hmmm. It is a critically important issue, and I am intrigued. OK, I'll go to the quarterly meetings and reserve judgment. Are you intrigued too? See: http://minorityhealth.hhs.gov/npa/.
Lawrence D. Weiss PhD, MS Editor, AHPR ldweiss@acpp.info
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The Question of "Medically Necessary"
and Related Issues
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Senator Bettye Davis
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On July 9, 2010, the Alaska Senate Journal recorded receipt of the following document signed by the governor:
"Under the authority vested in me by Art. II, Sec. 15, of the Alaska Constitution, I have vetoed the following bill:
"SENATE BILL NO. 13 'An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date.'
"Senate Bill 13 would increase the income ceiling for covering children and pregnant women under Denali KidCare, from 175 percent to 200 percent of the federal poverty guideline for Alaska. In doing so, it would also expand eligibility and State government funding for abortions. As a matter of conscience and public policy, I am vetoing SB 13 so as not to expand publicly funded abortions in Alaska. I do not believe this expansion constitutes the proper role of government nor is it in the interests of our people and their inalienable rights."
On Tuesday, August 3, 2010, the Senate Health and Social Services Committee, chaired by Sen. Bettye Davis, met most of the day in the Anchorage Legislative Information Office to deliberate over the governor's veto and the fate of Denali KidCare. We document here key issues raised during those deliberations.
Links to Selected Topics
Can We Expand Medicaid Coverage While Limiting Abortion Coverage? Clarifying Abortion Terminology and Medical Coding Personal Responsibility Incentives and Psychoactive Drug Abuse Issues Discussed Under Current Review "Medical Necessity" to be Defined for All Medicaid Program Purposes Does "Medically Necessary" Mean the Same Both Legally and Medically? Alaska Supreme Court Decisions Pose Challenge to Suggested Solutions More Detailed Conversation About a Universal Understanding of "Medical Necessity" Release of the Department of Law Report Is Governor' Choice
Can We Expand Medicaid Coverage While Limiting Abortion Coverage?
Sen. Davis: We'll have Mr. Sherwood come in.
Sherwood: Thank you, Mdm. Chairman. For the record, I'm Jon Sherwood. Thank you for having me here today and I will warn you, I brought my attorney, Stacie Kraly, with me. I don't have much prepared to say. I think in talking about SB 13 [expansion of Denali KidCare to provide health insurance to 1,200 more low-income Alaskan Children, and 200 pregnant women] after the governor's veto, a number of questions have come up about: Are there other options under Medicaid or CHIP [Children's Health Insurance Program] to expand coverage and not raise the same issues around the coverage of abortion? The answer to the first part of the question is, yes, there are some other options to expand coverage. Under CHIP, you could have an expansion that includes pregnant women or indirectly includes pregnant women under coverage of unborn children, as well as expanding coverage for children or pregnant women under the Medicaid program.
However, there is a second part of that question: Does it provide a way to provide a different result around the coverage of abortion? The answer is not obviously. And I say that because really under Medicaid and CHIP federal law, coverage of most abortions are already excluded through a provision in federal statute known as the Hyde amendment, which limits coverage of abortions to cases of rape, incest, or jeopardy of the life of the mother.
However, under Alaska case law, through a combination of Superior and Supreme Court decisions, if the state provides medically necessary services to pregnant women it must include coverage of medically necessary abortions. The courts have found that lack of federal funding for specific appropriations to pay for abortions is not a legitimate basis for the state not to pay for abortions. So essentially if we operate a Medicaid or a CHIP program that provides health care services to women who are pregnant but the courts have found today that we would need to include abortions -- medically necessary abortions under that coverage -- I think we've explained in some of our documentation, there is no statutory or court definition of exactly what "medically necessary" is.
That said, I would say that any time you take a new approach to coverage there's always the possibility to re-litigate issues and potentially come to a different conclusion, and there may be some other alternatives that aren't as obvious. I want the committee to know that the governor has instructed the Department of Law to thoroughly analyze all the possible options including taking a look at other states that have found other ways to impose limitations on the coverage of abortion services, maybe through less direct methods, and provide that analysis for the governor. It's not something that can be done quickly. I think the estimate is that it would probably take at least three months. Ms. Kraly is here to provide any additional information about the substantive background of the court cases or that analysis. Other than that I'm happy to answer questions the committee might have. Back to selected topics list
Clarifying Abortion Terminology and Medical Coding
Sen. Davis: Before we go any further I just want to say that Sen. Dyson is with us. [She calls Rep. Cissna forward. She asks if any other legislative members want to join them.] I'm going to ask the members present if there are any concerns or issues that they want to put on the table before we start answering some of the other questions I might have. Is there any statements or comments to be made by anybody who might be present? Yes, Rep. Cissna?
Rep. Cissna: Yes, thank you, Mdm. Chair. I have a question. I know I had seen the terminology "abortion" used with "miscarriages" and/or maybe it was "abortion" -- well, it was "abortion" and "miscarriage" because it's the end of a pregnancy. I have a dictionary, as a matter of fact, and I have looked that up, and it uses the terminology "abortion" with "miscarriage," and I'm wondering if in fact that does figure in to what happens in your explanation. Because when we're talking about the care of a woman, reproductive kinds of care, that it is possible to look at that perhaps without realizing we're talking about something that is very sad that happens, when a woman ends her pregnancy and it isn't something that is controllable. Not only not healthy, but uncontrollable as well. Is that possibly true?
Sherwood: Through the chair, Rep. Cissna, first off I'll just say I'm not the expert on medical terminology. When we talk about our coverage of abortion, we are talking specifically about, and the numbers and the funding involved, we're talking specifically about abortions that are not procedures of the follow-up to miscarriage or an otherwise naturally terminated pregnancy. I apologize -- I'm not the expert on terminologies. If I'm saying something awkwardly, I apologize. It is my understanding that we would cover those kinds of procedures that might be necessary under different codes than we do for what we pay for through state general funds under court order for abortion services. Through the chair, Representative Cissna, did [I] answer your question?
Rep. Cissna: It sounds like maybe we need a doctor in this one. Is that possibly true?
Sherwood: Through the chair, I'm not sure what you're getting at. In the sense that, "Do we perform similar procedures?" you'd probably need a doctor to sort of parse out the different kinds of procedures that are provided in different situations for different causes. I don't think we have one available right now, but we can certainly attempt to provide a little more clarity than I can as follow-up.
Sen. Davis: If I could just add to what you said, [and] ask a question or two. You did make the statement that you code the various procedures separate, and not all in one code. Is that the way it is? Because it's my understanding that you're putting abortions or any other services -- pills that are given for prevention of pregnancies, any kind of procedures that might be conducted, even though that might not be an aborted birth -- they are all coded together. Is that not true?
"My understanding is a lot of what works in a particular state depends on
the provisions of the state constitution, and so it kind of has to be
looked at from that constitutional perspective, which is why it's the
Department of Law that's going to be doing that analysis."-- Jon Sherwood
Sherwood: To the chair, when we asked this question of our medical folks who oversee the claims, they said that the statistics that we developed were coded using codes that applied only to our coverage of therapeutic abortions, not codes that applied to procedures that would, for example, be a follow-up from a miscarriage. That's my best understanding of it, and again without having someone who's an expert on coding to come in and talk about every specific possibility, I don't really feel comfortable going too much further than that.
Sen. Davis: I appreciate that, and there is someone that could come in to discuss that. I don't know if we have anybody coming today to talk about that, but I don't want all the responsibility to go out to you. First of all, it's clear in my mind that it's coded under one code, or if they are separated -- and I'd like to say that they are -- and if that is the case, then I'd like to see that in writing.
Sherwood: To the chair, I believe that we can provide you with a list of the codes that we use that go into this category. And just to clarify, in addition to codes around specific procedures there are also codes for health care services that support the procedure that may get included when we exclude money for federal claiming, when we set aside the money around our expenditures on abortion. There are some situations where a code that would apply to something else, if it's associated with a procedure that we recognize as a therapeutic abortion, those costs do get put in together with that.
Sen. Davis: And I also would like to know if you have some ideas on how we might be able to look at the program that we have, Denali KidCare, compared with what other states are doing, how they handle those issues on abortion, if there might be something that we could pick up on that would help us come up with a new way of doing our procedures.
Sherwood: Mdm. Chair, that is part of what the governor has asked the Department of Law to look at, to do that analysis. My understanding is a lot of what works in a particular state depends on the provisions of the state constitution, and so it kind of has to be looked at from that constitutional perspective, which is why it's the Department of Law that's going to be doing that analysis.
Sen. Davis: Anyone else have a question at this time? I do want to say that Sen. Thomas is online. We also have Rep. [garbled] online also. Before we let you go, I'm sure there must be something. I lost my train of thought on a question that I was going to ask, I thought somebody else might have something to ask while I thought about it.
Sen. Dyson: I've got one, Mdm. Chair
Sen. Davis: Yes, Sen. Dyson. Back to selected topics list
Personal Responsibility Incentives and Psychoactive Drug Abuse Issues Discussed
Sen. Dyson: Thank you. You heard my question earlier, about is there any way that we can withhold benefits from somebody who has behavioral-related problems and over a long period of time refuses to deal with that.
Sherwood: Through the chair, Sen. Dyson, I'd probably defer to Ms. Kraly, but as far as I know the only way you can withhold an otherwise covered service from an individual is if you were to find them incompetent, and that wouldn't normally be a process we would go through in the Medicaid program. If we became aware of an issue, we would make a reference to adult protective services or child protective services if there was an issue of meeting a responsible party, and they would take those actions. But administratively, it wouldn't fall to us to do that.
Sen. Dyson: And I assume that there's nothing in the new federal law that adds incentives or penalties for ...
" ... studies have been done about the abuse of psychoactive pain medications
and so on. Is there anything in the new law that encourages or enhances
our ability to eliminate that misuse?"
Sherwood: Through the chair, Sen. Dyson, I'm not aware of anything in the Medicaid program. There are some incentives to encourage preventative services, but generally speaking in terms of addressing the issue of a history of bad decisions, I'm not aware of anything.
Sen. Dyson: The last one is a follow-up, if I may. There is certainly a lot of information out, and the studies have been done about the abuse of psychoactive pain medications and so on. Is there anything in the new law that encourages or enhances our ability to eliminate that misuse?
Sherwood: Through the chair, Sen. Dyson, I'm not thinking of anything with regard to Medicaid. I will ask that question when I get back to my office. If I've overlooked something, we'll follow up with you.
Sen. Dyson: If I may, that was prompted by a comment from a pharmacist that I deal with that said, "I hate this time of the month because I get here and there's a lineup out here 12 deep of people who are now qualified for a new 50 OxyContin, and they pay their $2 co-pay and go out of here with a smile on their face." My cop buddies here that are working with drug enforcement says that one OxyContin is selling for over $85 a pill because they figured a way to smoke it, I think, or inject it. I'm also told that there are some professionals in the area who are quite notorious for promiscuous prescription of psychoactive pain pills.
Sherwood: Through the chair, we do have a number of controls over those medications in the Medicaid program, including prior authorization. We have a point-of-sale system that would identify attempts to do multiple fills on a prescription, as well as a number of other protections. It's certainly an area that concerns us and we are constantly on the lookout for ways to improve our oversight of that and stay ahead of the curve.
Sen. Dyson: Is the point-of-sale automated records in place and working?
Sherwood: Through the chair, Sen. Dyson, yes. For our system for Medicaid transactions, it's done on a point-of-sale basis where those transactions are edited right up front.
Sen Dyson: Yeah, but not for other... okay... people who are self-paying their insurance...
Sherwood: Through the chair, I can't speak to other payers, but if somebody is self-paying, then there would be no ... There is a separate law outside of our department that the Board of Pharmacy, I believe, is in the process of developing a database for these kinds of drugs.
Sen. Dyson: And that's not finished. It's a long ways ...
Sherwood: They received a grant to develop it. I don't have a progress report.
Sen. Dyson: I do. It's not very far. Thank you for allowing me the latitude. Back to selected topics list
Does "Medically Necessary" Mean the Same Both Legally and Medically?
Sen. Davis: You're welcome. I was going to also mention the fact that I thought you might want to say something about not having a definition for medically necessary. It should be something that we should be trying to bring forward to the Legislature to put something in statute to address that so that we'd all be on the same page when we use the terminology.
Sherwood: Mdm. Chair, I think that is again a part of the legal analysis that [the Department of] Law is doing, and I would invite Ms. Kraly if she wants to elaborate to join me.
Sen. Davis: Ms. Kraly, why don't you come up while he's there also. We can have both of you at the same time. This far, anything that's been said, would you like to address that? To enhance what he's already told us?
Kraly: For the record, my name is Stacie Kraly, and I'm the chief assistant attorney general with the Department of Law. Just to kind of elaborate a bit further on what Mr. Sherwood has said, is that we have been instructed by the governor's office to do a comprehensive review of options available under the Medicaid program related to expansion of services, and then also asked as to what I would characterize, and maybe a bit in-artfully right now, exclusions or coverage exclusions such as the use of state general fund dollars for abortion services.
As a part of that evaluation we will be looking at each state program, and looking at how those states deal with these issues. And as Mr. Sherwood articulated earlier, the analysis does rest on a[n] evaluation of each state's individual state constitution, and so there have been a lot of cases that have addressed this exact same issue as to the use of funds, public funds, for abortion services in a state Medicaid program. So there's a lot of work that's already been done on that through civil litigation. Some states have come to the same conclusions that our state Supreme Court has come to, and other states have come to different conclusions. But we have to reconcile their respective state constitutions to see how that would play relative to our state constitution.
Similarly to that analysis, or in addition to that analysis, will be a comprehensive review of the definition of "medical necessity." As you all know, Medicaid services like most other health care services are predicated upon the determination that the service is medically necessary. The State of Alaska does not have a definition of "medical necessity" at this time. And many states don't have definitions of "medical necessity" and some states do. So we will again evaluate which states have them and what those definitions are, whether those definitions are global definitions or limited to specific services such as reproductive services or other types of services, and then also evaluating how and if a definition of "medical necessity" would be appropriate in the state of Alaska in terms of our Constitution, case law, and other things.
"As to the distinction between a medical definition and a legal
definition, ... and this is one of the difficulties that we
have, ... is that
you're administering a medically-based program ... managed
through statutes and regulations, which are laws." -- Stacie Kraly
One of the concerns or considerations that I think needs to be thought of as we look through this is that when you create a definition of medical necessity then that becomes a -- excuse me if I flip this around -- it becomes the ceiling not the floor of the overall program. And so a definition of medical necessity for the Medicaid program will address all services, not just reproductive services. So it's a pretty comprehensive review and the governor's office has instructed us to start that and we have talked about it in the Department of Law over the last week or so, and wanted to wait until after this committee meeting to see if there were further instructions or ideas that came out of this before we rolled up our sleeves and got to it. But it's on the agenda and we plan to present a report to the governor as quickly as possible on that whole range of issues. Those are a few of the legal questions and considerations that we'll have to evaluate.
Sen. Davis: Any questions? I see two hands there. Sen. Paskvan?
Sen. Paskvan: I was wondering if whether there may be a definition medically, in the medical profession as compared to the legal profession, of the term "medical necessity."
Kraly: Through the chair, Sen. Paskvan, that's a very interesting question and that'll be a consideration in some of the research that we will engage in. As to the distinction between a medical definition and a legal definition, but of course -- and this is one of the difficulties that we have, that I have and my attorneys that I work with have -- is that you're administering a medically-based program but it's managed not through, frankly, a lot of medical determination, but it's managed through statutes and regulations, which are laws. So there's a little bit of a balance that has to be engaged in at that level, and it's certainly something to look at to see whether or not we can rely upon a more medically-based definition. But the problem is that that definition then has to dovetail into a legal framework because that's how these programs are administered and managed.
Sen. Paskvan: If I could point out in this analysis that you're preparing, I would like to know if there's a distinction or a difference between a medical definition of "medical necessity" as compared to the various legislative definitions of "medical necessity" across America, as apparently you're looking into, whether [it is] the American Medical Association, the American Pediatric Association -- there are a number of sub-specialty groups that may weigh in on that issue.
Kraly: Through the chair, I appreciate that and I've made note of that.
Sen. Davis: All right, thank you. Sen. Dyson.
Sen. Dyson: Thank you. To Sen. Paskvan, after tracking this issue for probably 25 years, certainly there's a half a dozen reports that have been done on what kind of procedures get done under the title of -- and depending on where you sit, [that] defines how you stand -- but certainly there's a lot of evidence [that] shows that that's been used by some folks as a real loophole. There's some medical professionals, doctors, who have said mental health, emotional impact, and a disruption of life, you know, that leads to depression, which has cascading effects and so on, meet the definition of "medical necessity." And even when it includes a third-party payer like the taxpayer. It's that concern about whose definition of how big a loophole that has driven some folks who have reservations about promiscuous use of abortions, like me, to be concerned about it. And just because some abuse, and as you know, it's a hard case to make for bad law, and trying to eliminate them is really difficult. There's a huge history of people trying to wrestle through this issue on both levels that you've very well identified. Back to selected topics list
Under Current Review "Medical Necessity" to be Defined for All Medicaid Program Purposes
Sen. Davis: Yes, Rep. Keller?
Rep. Keller: Thank you, Mdm. Chair. Stacie, I appreciate the challenge, what you've got ahead of you. I'm being dense, I guess, but would you describe to me again -- you were very careful, I think, in what you said about what the governor asked you to do. My question is, what's different that he is asking you to do than what has been done before? I know this isn't the first time that the Department of Law has gone in there and looked at questions related to "medical necessity," so I'm just trying to figure out, is it the scope, comparison of how our constitution stacks against case law as compared to other states? What's new here? Why three months?
Kraly: Through the chair, Rep. Keller, the issues that have been raised are certainly issues that have cycled through legal discussions and policy discussions and legislative discussions for many years, and that's true. In particular, there have been attempts to define medical necessity through legislative proposals in the past, and those questions have been evaluated at that time and for those purposes. I think the difference here is that although the question has been raised in the context of this particular situation, the veto of Senate Bill 13, the issue is a bit more comprehensive than as to that, because if you define "medical necessity," you define it for all purposes as to the Medicaid program. We need to evaluate whether or not we have to do it for all purposes or if we can create a definitional situation for different types of procedures, be that reproductive procedures or surgical procedures or whatever we decide to do. You've got a wide range and that sort of thing.
The other question that happens is as to not just the definition of medical necessity, but also as to how other states have dealt with this issue dealing with public funding for abortion services in light of the Hyde Amendment and specific state constitutions. So part of that is making sure -- I can go and look at a case that was decided in 1990, reading that, and then evaluating to see how those states have progressed from that time period, which may or may not be subject to litigation, which is an easy thing to research. If there is a case on it and it's been reported, it's right there, it's accessible. There's a little bit more investigatory and detailed digging that we need to do.
The other part, and I appreciate your comment about time frames, but it's a large estimate of time to work on this. And to be perfectly frank with you, it's resource allocation. We have a lot of stuff going on in our division right now in the Department of Law and in my particular section, and I will be the primary attorney working on this with another attorney, and that balances with the myriad of other issues that are pressing and a lot of the stuff that we do within this section is very time sensitive, critical, health safety and welfare issues that take priority over a research project. So hopefully it won't take that long, but to be abundantly cautious that was what we had recommended in order to make sure -- one, we did a good job and a correct job but we also were able to meet all of our other obligations.
Sen. Davis: Yes, you may continue.
Rep. Keller: I just wanted to say I wasn't trying to beat up on you because of the time it was going to take. I was really just trying to understand, because it seemed like we've been here before. And I'm glad it's you and not me, so thank you.
Sen. Davis: You may continue.
Kraly: I'm happy to answer any other questions or any other concerns that the committee may have, but I don't have anything further to add. Back to selected topics list
Alaska Supreme Court Decisions Pose Challenge to Suggested Solutions
Sen. Davis: Any other questions to the attorney? We'll go back to Mr. Sherwood at this time. You may stay there [directed to Kraly]. Something might come up in discussion and you won't have to get up and come back. The one thing that I wanted to mention to Mr. Sherwood while he was there, you spoke to the increase in money for the CHIP program. You said that additional funding coming through the new bill that just passed, and I don't know how much money that's going to be allocated for our state, but there's a possibility with new monies coming into this state, that we would be able to expand our program without having a bill in place to say we want to increase it to 200 percent and bring on 1,200 or 1,300 more children in the program. It might be even feasible that we could bring in all uninsured children with the new money that's coming in from the federal government at this time. Is that not true?
Sherwood: Mdm. Chair, the money I spoke of this morning is a special time-limited enhanced match break that would certainly reduce for a period of time the state's requirement to provide a state match. There is still a state match required. I think it's, if I remember correctly, it's a minimum of 10 percent state match, and that's just about where the additional 23 percent would put us anyway given our current CHIP match rate. But there would still be, if we expanded coverage, there would still be some required state match, and in the period of time after that money disappeared beginning in 2020, for any additional people we brought on to the program we would pay the regular CHIP match for those folks. It would, in fact, raise our income standards for the program that is set in statutes, so it would take a statute change to actually increase the income standard. We might get it at bargain at least a while, but eventually -- barring some other change in federal law -- we would fall back to the regular match rate beginning in 2020 for part of the year, and in state fiscal year 2020 and then full year in 2021.
" ... we did review the memo from Mr. Obermeyer as well as some similar
questions we've received along the same lines. ... Our preliminary analysis is that neither of those
options really gets around the issues raised by Alaska court cases,
Supreme Court decisions. ... if we
tried to go forward on either of those options without covering
abortions, we would immediately go back in litigation." -- Jon Sherwood
Sen. Davis: While you're there, I just want to put you on the spot and see if you have some ideas of how we could change the program in order to -- bills that come back next year, like Senate Bill 13 that just passed and was vetoed by the governor -- to keep that from happening. Do you have any ideas of what could be done to improve the method that we're going to have in this bill?
Sherwood: Mdm. Chair, I think the desire to really look at that is the driving force behind the Department of Law review, to see what options we can find that may satisfy the concerns of the governor and address the intent of SB 13 to expand coverage for pregnant women and children. As to specifics, it would be premature for me to comment.
Sen. Davis: Would it be premature for you to report what do you think about the ideas that were presented to you by Mr. Obermeyer [Senator Davis' staff person]? Saying the way some states are handling their program versus what we are doing, that it might be something that might be beneficial to us?
Sherwood: Mdm. Chair, we did review the memo from Mr. Obermeyer as well as some similar questions we've received along the same lines. He did outline a number of different options that are available under CHIP for expanding coverage for pregnant women, both as a "pregnant woman" option and the "unborn child" option. Our preliminary analysis is that neither of those options really gets around the issues raised by Alaska court cases, Supreme Court decisions. We don't think either one of them would be a secure way to avoid the issue of covering abortions. We expect if we tried to go forward on either of those options without covering abortions, we would immediately go back in litigation. That said, and I defer to Ms. Kraly, but anytime you litigate something you can possibly get a different outcome. But we didn't see it as an obvious solution or a very secure solution to addressing the governor's concerns.
Sen. Davis: Did you have an additional comment to that?
Kraly: For the record, no. This is Stacy Kraly again. I don't have anything else to add.
Sen. Davis: All right, thank you. Sen. Paskvan? Back to selected topics list
More Detailed Conversation About a Universal Understanding of "Medical Necessity"
Paskvan: Thank you, Mdm.Chair. As I understand, Ms. Kraly or Mr. Sherwood, the analysis that is being undertaken at this time is to try to determine what other areas of medicine the definition of "medical necessity" would apply to, and as a result that you don't want to be over inclusive or under inclusive of the other areas, and so what my question really is, is what other areas of medicine are you looking into that the definition of "medical necessity" would apply to?
"[I want] to make sure
that if there is a definition [of medical necessity] that the definition is not under
inclusive or over inclusive and that it doesn't create unintended
consequences for the Medicaid program going forward." -- Stacie Kraly
Kraly: Through the chair, Sen. Paskvan, the analysis or the question that I think we need to evaluate is -- as we look at how other states define "medical necessity" or "medically necessary services," -- whether that definition in other states is limited to, for example, reproductive services, or if it's a global definition. So the question that I want to look into, or that I think would be of value to the department and to the governor and potentially to the Legislature is, if we come up with a definition of "medical necessity" that is agreeable to all involved or however we decide to do this, whether or not that definition should be limited to particular services if we can create a definition that is only designed toward certain services. I'm thinking probably not just from general legal principles, but whether or not there's ways to parse out that definition to create ceilings and/or floors for services under the overall program.
It's not so much that we would look at it and say, "Well, if it's medically necessary for orthopedic services, how does that definition look?" But the difficulty you have in putting it in definition is that, as I would anticipate -- I'm kind of previewing what I think my conclusion will be -- that the definition would have to apply across the entire program. So the question is whether or not you're over-inclusive or under-inclusive in actually addressing the questions and concerns that had been raised as a result of this discussion or other discussions that have occurred historically.
It's not so much that I want to compare and contrast with other types of procedures, but to make sure that if there is a definition that the definition is not under inclusive or over inclusive and that it doesn't create unintended consequences for the Medicaid program going forward. We create a definition and it solves this problem, I want to make sure it doesn't cause two or three or four more lawsuits for the state because of how it's being applied in other circumstances. It's more of that kind of analysis as opposed to applying it to specific types of procedures or medical -- that sort of thing. Does that answer your question?
Sen. Paskvan: I think it to some extent piggybacks on my earlier question of other medical definitions or other organizations may have defined "medical necessity" as you say within the orthopedic field, that they would do something based upon "medical necessity" -- what is that definition? How much latitude, how much judgment do you provide to the practitioner as compared to the politician? That's just what I'm trying to ascertain. It's going to take you a lot of work, I think.
Kraly: It will be complicated. I don't doubt that.
Sen. Davis: Mr. Sherwood, did you say that the governor requested that the Department of Law begin to work on that? You said about a month ago? Does it mean you're going to have something done within three months? That we'll have this back before November?
Sherwood: Mdm. Chair, I became aware of the request within the last month, and I would let Ms. Kraly respond to when that analysis will be done because it's going to fall to her to do it. Back to selected topics list
Release of the Department of Law Report is Governor's Choice
Sen. Davis: Okay.
Kraly: Mdm. Chair, without stepping into a discussion as what happened earlier this morning about making promises that one can't keep and deadlines that are a bit fluid, we received the request from the governor's office actually within the last 10 days, [which] is when the discussion occurred, to my office. It's been very preliminary in that discussion. I estimated at that time that it would take three months to do a comprehensive analysis, which I hope will include the internal review and deliberative process that will occur within my department, in the Department of Law, which will then go to DHSS [Department of Health and Social Services] and the governor's office, although we are all under the executive branch, it's not like we're all next door to each other in the common sense. I would hope that we would have something that the governor would be willing to release and provide, and again that's his privilege to waive. The information that we will develop will be privileged in the sense that it will be in an attorney-client and attorney-work product situation. I can't promise that it will be done by November. I certainly hope that my part of it will be done by November, and then we'll see what happens from there.
Sen. Davis: Thanks for your remarks. I guess at some point then we will have to take into consideration what we need you to do on the legislative side because it's a possibility that you could complete the study, or he decides not to release it and we won't get it anyway. So it wouldn't do us any good. The information wouldn't be any good to me. I would like to have that information prior to going back to Juneau and introducing a bill, knowing exactly what I need to include in that bill in order to broaden the horizon of people accepting that bill when I do present at this time. When that bill was passed, most of the legislature supported that bill. And also included at that time, the governor supported it until the bill was passed. A few days before he got ready to cut his budget, I was told that he had changed his mind because he had been deceived by the department on some issues that he had some concern about it, and was going to veto the bill. And so I would not like for that to happen again. I want to do everything I can to try to address that issue. But you did just tell me that it would be left up to the governor to release it or not release it. Even though you might complete something and give it to him, it does not necessarily mean that it's going to come to the Legislature.
Kraly: Mdm. Chair, that's correct, and I'm not sure... The discussions have been very preliminary as to what we prepare and how we convey that. But my discussions and those sort of official legal analysis would be privileged communication subject to the release by the executive branch, and I can't speak for the governor's office as to whether or not...
Sen. Davis: Of course.
Kraly: So, we'll wait and see how that plays out.
Sen. Davis: All right.
Kraly: But I appreciate your comments, and I think that the reason we've been asked to look into this is that the governor's office is extremely interested in finding a solution to this issue in some form or fashion, and that's part of what we're doing is hopefully coming up with recommendations for either statutory changes, new legislation, and/or a regulatory process whereby we can achieve a different result than what happened recently.
Sen. Davis: All right thank you. Mr. Sherwood, do you have any additional comments to be made?
Sherwood: Mdm. Chair, -- and I hesitate to bring this up -- I just want to be clear. I want it understood, the department did not attempt to deceive the governor's office. I think we failed to ensure the governor's office adequately understood the Supreme Court cases and the implications of those cases, but it was certainly never my intention or anyone in my department that I'm aware of, to withhold information or deceive anyone, and I just appreciate the opportunity to say that. Thank you.
Sen. Davis: All right. Thank you. Back to selected topics list
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Discourse Regarding Too Much Money |
Linda Hall  | The Los Angeles Times ran an article on August 17, 2010, which began like this: "The Obama administration is sending $1-million grants to state insurance regulators to help increase oversight of rising health insurance premiums, a key step in implementing the new healthcare law. The grants announced Monday, which went to all but five states, will enable many to expand public access to information about rate hikes and to hire experts to review what insurers want to charge." Alaska was one of only five states that did not apply for the funds. This fact and related matters were discussed at the August 2, 2010 meeting of the Senate Health and Social Services Committee. Linda Hall is the director of the Division of Insurance. Excerpts of the meeting follow.
Links to Selected Topics
"I Have About $600,000 Worth of Projects. Can I Apply ... ?" Health Care Costs in Alaska "What Does Make the Delta in the Cost?" Oversight Limitations Hinder Prior Actuarial Justification for Rate Hikes Uninsured in Alaska
"I Have About $600,000 Worth of Projects. Can I Apply ... ?"
Hall: Going back a little bit to this grant, I know you had some questions about it. This is the only grant that I'm aware of that we have not applied for, and as I've talked to my counterparts across the country, most states apply -- not all -- so we were not the only state that didn't apply for this. I talked to my counterparts in small states about what are you going to do. The responses I got didn't make me feel real comfortable about putting together a proposal. Someone who did said "Well, we're hiring a contractor and, because everybody knows it's a flat $1 million, guess how much the contract was? $900,000."
I mean that kind of thing seemed to me to be a use of money that I wasn't comfortable with. I sat in a conversation with the Department of Health and Human Services as I listened to one of my counterparts say, "I have about $600,000 worth of projects. Can I apply for that?" And the answer was no, you have to apply for $1 million. About five to seven days before the expiration of the grant period, there was a softening of that stance to where you have to apply for the million but you don't necessarily have to use it all. You might be able to carry it forward. By then it was really too late for us to do that, so that's kind of the rationale. It wasn't due to lawsuits or federal money or anything else. It was really due to probably a philosophical stance that I took after great debate with a lot of people. We had a good debate about it -- whether it was the right thing to do or not -- but that was my recommendation and we didn't apply for it. I'd be happy to answer other questions about that.
[There then followed a lengthy discussion about the details of the Alaska Comprehensive Health Insurance Association and how it relates to new federal legislation. The conversation turned to the per-insured cost of ACHIA.] Back to Selected Topics
Health Care Costs in Alaska
Hall: I think it's kind of shocking and I'm going to use this because we've talked about the cost of health care. At $13 million based on the actuarial study, we have proposed -- and DHSS was kind of surprised but accepted our proposal -- that's only going to give us coverage for about 100 individuals, maybe 105. That is the estimate with the experience in our current high risk pool of what it costs to provide the medical care for individuals. By comparison, I had a discussion with my counterpart in Illinois -- where we received $13 million, they received $96 million. Their projections were they could cover about 4,000 extra individuals. I worked that out, and with our hundred and the $13 million as you can tell, that's about $130,000 per individual for that little over three years. It was about $47,000 in Illinois per individual. So I mean it gives you an idea of health care costs and what our high risk population really is costing in terms of health care. That's just an aside; it has nothing to do with anything other than it's ...
Sen. Davis: Sen. Paskvan has a question.
Sen. Paskvan: If I could just ask what is your perception of the reason for the difference between the one jurisdiction at $47,000 and Alaska at $130,000. What's the primary reason for that threefold increase?
Hall: Sen. Paskvan, through the chair, it's what it costs to provide health care in Alaska. We did some analysis in our division in November of last year at taking various CPT codes [The CPT code is designed to communicate uniform information to various parties about medical services and procedures] and comparing what average charges were being paid by Alaska health insurers versus Washington insurers, and we found lots of things that were significantly higher. It wasn't unusual for many of those CPT codes to be double -- some were considerably more than that. I don't want to speculate on why it costs so much more. I'll just leave it at that, but we have the highest health care costs in the country.
Sen. Paskvan: Is it related to hospital charges? I know in Fairbanks they say that because we are a community hospital, that we subsidize the charges to the customer, or is it the individual doctor's charges? I assume it's not prescription cost, but I'm trying to figure out what component would account for the $80,000 extra costs per patient.
Hall: I think it's every element of our health care system, and prescription costs are part of that. But hospital charges are significantly higher than in some other areas of the country. Individual physician charges are higher. We have clinics; we have outpatient surgery centers -- when you put it all together, it seems to increase what health care costs in Alaska. Back to Selected Topics
"What Does Make the Delta in the Cost?"
Sen. Davis: Sen. Dyson.
Sen. Dyson: I think Sen. Paskvan is on to a subject here that this committee ought to pursue at some point further down. What does make the delta in the cost? For instance, physicians I know, particularly in high risk areas -- obstetricians and so on -- just say that their cost of malpractice insurance and stuff is extraordinary. I think that transportation costs, you know, flying people to where service is available, is certainly a part. Another one is that because we by law have forced the hospitals to take everybody that shows up at the emergency room. I get various figures from that but according to -- 60 percent [of those who use emergency rooms] they get no cost recovery from those folks. [Then] they do something that I think is really problematic, and that's shift those costs to other services that runs those costs up. But anyways, I think Sen. Paskvan is on to a key problem here that we ought to address. So respectfully, I'd appreciate it if you would put that on our -- at least things to think about for future committee work.
Sen. Davis: All right. Thank you for that comment.
[Chair notes the Sen. Thomas has joined the session.]
Sen. Davis: Sen. Ellis has a question.
Sen. Ellis: Linda, I listened carefully to your explanation of why you didn't want to apply for the money for the rate review project. And then we came to the question that comes up often times in this committee and in the finance committee about explaining why the charges are higher here. Would you not be able to better answer those questions if we actually had the money to study why the rates are high and all the elements that go into the higher rates here?
You and I have had very good conversations in the past about the small market here and how [insurance] carriers say that they can write more business in San Jose, California, than they can in the entire state of Alaska. I know you're obligated to try and keep a healthy market here and keep those ten carriers, and they routinely threaten to leave I suppose if we were to get tough with them or to require more of them, or make writing business more expensive in the state of Alaska.
But other states are trying to find out why their rates are high and understand all the elements that go into the cost of care in their states. It's just striking to me that we wouldn't apply for the money that might help us answer those questions that are of a great frustration to members of the committee on both sides of the aisle. Can you reconcile that for me and explain that better? I understand that it concerns you or aggravated you that it was $1 million, and so I understand most of your thought process going into not applying for that money, but here we are confronted with a lack of information and a lack of understanding of the true costs of care and coverage in the state of Alaska.
Hall: Through the chair, Senator Ellis, I think the restrictions as I understood them on that million dollars only allowed $50,000 to be spent on a data collection center, and there's two pieces to rate review. We currently do rate review. We look at the elements and claim costs. We have rate standards and resources we feel to do the kind of rate review that is required to look at those. The data collection is a different kind of issue and it depends on who you want to collect the data from. We collect an insurers' report bill charges today. The bill charges are collected by CPT codes, so I think we have that kind of information if we choose to do something with it. We do, when we look at a rate review, we look at claim costs -- we look at where those increases are.
I believe Senator Dyson mentioned transportation. That is an area that is dramatically increased -- air medevacs. But to truly have a data collection center, the amount of money we were allowed to spend on that was very limited. Could we have hired a consultant to do some things? Yes, I think we could have. But I don't think we could have expended $1 million doing it. And that was the problem: how much can we do, what would it cost, and how do we come up with something with this small marketplace that really costs $1 million? And when the grant was there, you couldn't do less. That was the problem. It was not that we didn't have some use but we just really did not feel that we could use $1 million. I mean, I understand what you're saying. That was the thought process. Back to Selected Topics
Oversight Limitations Hinder Prior Actuarial Justification for Rate Hikes
Sen. Ellis: Would you consider asking the Legislature in a future session for the exact amount of money that you, in your expert opinion, think would be productively used to find out the answer to many of these questions that come back year after year after year? You don't have a satisfactory answer, we don't have a satisfactory answer. So if it's not $1 million of my federal tax money coming to you to help us answer these questions, what is it? $75,000, or could you think about whether it's $122,000 that you would consider asking the Legislature for in the future to answer these questions so we could actually get to it?
Hall: Though the chair, yes Sen. Ellis. I would consider that. And what I'm also seriously considering is asking the Legislature for greater rate authority oversight than I currently have today by statute. Part of our limitation is that we have general rating standards, we have the ability to go in when we have a complaint and ask for actuarial justification, but we do not have, with one exception, the ability to do prior rate approval. Insurance companies with the exception of a hospital medical service corporation -- which in our state is only Premera but in reality there's one other, a vision service -- but while it is the largest part of our market for the rest of those other nine companies that write health insurance, I don't have prior rate approval authority. So it's all part of what authority we have, and therefore, what we can collect prior to an insurance company using a rate to get into some of that data. So some of it is authority as well as what we can do to find the answers to those questions.
Sen. Ellis: So under existing statutory authority you can review the rates, but you don't have really any kind of hammer to get the companies to justify their rates that they are charging?
Hall: Retroactively, I can as a result of a complaint go in and ask for their actuarial justification, a backup. I can't do that prior to the rate being used to make -- Premera files a rate with us with all the actuarial justification. They can't use that rate until we have approved it and gone through a fairly lengthy process of challenging things, requesting different information, it's a fairly complex process. I don't have that ability with any other insurer.
Sen. Davis: [directed to Sen. Ellis] Are you done?
Sen. Ellis: Sure. I look forward to the discussion and the proposal from the administration.
Sen. Paskvan: Interesting area that, so to speak, it's caveat emptor to Alaskan consumers as far as the rates that are imposed upon us by the insurance companies. If I'm hearing you correctly you think someone in your position would be appropriate to do a little consumer protection in that rate review or that rate application for consumers, if I'm hearing you correctly. Is that accurate?
Hall: Absolutely. Back to Selected Topics
Uninsured in Alaska
Sen. Paskvan: Just as aside, what percentage of Alaska is uninsured and how do we rate compared to other states? In other words, Sen. Dyson brought up this issue in Alaska -- that if you have an uninsured population [that uses] the emergency room, that those costs are arguably transferred to those that are insured. So what I'm trying to find out is, what percentage of Alaska as compared to other states is uninsured so that you would have that cost issue.
Hall: I'm going to give you a figure that we've had some discussion about, and about what it means. I could bring in the pie charts, Rep. Keller. [The uninsured in Alaska are] about 18 percent. Sometimes my figures and the HSS figures are different. I'm not sure what we include in them that are different, but roughly that is what I would say are truly uninsureds in Alaska today.
Sen. Paskvan: How does that compare to Hawaii, Nebraska ...
Hall: It's not really all that different. In some of the southern states it's higher. We have other states that are single digit. I haven't compared it for a while. Somebody from HSS might be better able to answer that question than I am.
Sen. Davis: All right. Thank you.
[Other issues are discussed for a time, and then...]
Rep. Keller: If I could, it's a little question, but who can apply for these grants? Are they specifically for the state Department of Health and Social Services? Let me explain why because it may be a dumb question but if I explain why you might be able to steer me here. But as you were talking about the health insurance assistance office and the ombudsman's office, I got to thinking about the state of Alaska where we have a pretty unique ombudsman system within the Legislature. I wonder, should the legislature be looking ...
Hall: The grants, through the chair, Rep. Keller, the grant proposal that's available right now, it isn't just the division of insurance. There is a broader range of things that money can be used for. But it is still the fairly defined things that that office has to do. I think I would say, if we're pretty much providing those services today, I wouldn't want to duplicate those services either or have two different departments doing the same thing. My concern would be coordination and not having an overlap and redundant services. Frankly, the grant came out the day before I left on vacation. I have not read it very carefully. That will be my homework this week.
Rep. Keller: If you would keep that thought in mind. I appreciate the fact that you don't want to duplicate and that you don't want to create something that's going to make a hole when and if that money is going to go away. So I respect and appreciate working with you and the commission and thank you.
Hall: Thank you. Back to Selected Topics
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Health Care for Children under the Patient Protection and Affordable Care Act |
Natalia Trapeznikova
 |
Natalia V. Trapeznikova, a summer intern of the Alaska Center for Public Policy, is a participant of the Edmund S. Muskie Graduate Fellowship Program from the Russian Federation. She studied Public Administration at the University of Arkansas, Fayetteville, in 2009-2010. Natalia graduated the Turkmen State Medical Institute in 1997 and has more than ten years experience as a child and adolescent psychiatrist. In 2008, she graduated the New Moscow Law Institute. Combining experience in health care and knowledge in law, her research interests are health policy analysis focusing on access to health care, quality, and cost of health care services.
In this article, the author
will analyze the Patient Protection and Affordable Care Act (P.L. 111-148)
through its changes and innovations, and how the act is going to address the
problems of access, quality, and the cost of children's health care in the
United States generally, and in Alaska in particular.
Children are a special
sub-group of the population in every society. Their unique characteristics are
important in relation to the health care system. They cannot get insurance by
themselves. They cannot be completely responsible for their health status. They
are not able to participate actively in policy-decision processes. However,
they are the best investment for the future health of the nation, because they
are the future! Finally, they are the best subjects for fostering healthy lifestyles
and behavior. Thus, if we want to have a healthy population, we should take
into consideration all of these facts and create the health care system that
addresses access, quality, and cost of children's health care effectively and
efficiently.
Access, quality, and cost
are the main determinants of any health care system. An effective and efficient
health care system for children should cover every child, provide equal access
not only for treatment but also for prevention (immunization, screening, and health
education programs), use multidisciplinary approaches (psychological and
developmental services), and be school-based and family-centered. The question
is, "How does the new legislation meets these requirements?" Patient Protection and
Affordable Care Act (PPACA)
PPACA contains several very
important changes and innovations that address some of the issues above. They
are: -
Maintaining Medicaid and the Children's Health
Insurance Program (CHIP) until 2019 with expanding eligibility up to 133 percent
of a family's income for all Medicaid beneficiaries -- children under 19,
pregnant women, parents and childless adults;
-
Establishing health insurance exchanges in 2014;
-
Prohibiting the exclusion of children with pre-existing
medical conditions from health insurance (September 2010);
-
Expanding dependent coverage up to age 26 (September
2010);
-
Establishing a temporary high-risk pool;
-
Establishing school-based and community-based centers,
prevention and early intervention programs;
-
Establishing trauma centers.
We
will discuss these in greater detail below. Health Insurance for
American Children: Current and Future Perspectives
Maintaining Medicaid and
CHIP
Both programs together cover
about 29 percent of all American children[i].
This one-third of the youth population is more likely to have poor health
status, be children with special care needs, and have disabilities.[ii]
These children cost much more for the system than healthy kids, but the
Medicaid and CHIP programs manage this cost more successfully than private
insurance does. For instance, Medicaid cost inflation during 2000-2003 was only
6.9 percent compared to private insurance sector's 12.6 percent.[iii]
It seems obvious that Medicaid and CHIP should be prolonged and expanded in
order to provide access to health care for children excluded by private health
insurance.The states do not have the
right to eliminate Medicaid or CHIP and are required to keep the programs at
the level of eligibility and scope of services that existed before the new
regulation.
Under the current Medicaid
rules, the federal floor is set at:
Children under age 6 with family income below 133
percent of the Federal Poverty Line (FPL); Children
age 6 to 19 with family income below 100 percent of FPL;
Pregnant
women with income below 133 percent of FPL;
Parents of
Medicaid kids with income that a state established for welfare.
In
turn, current CHIP regulation requires states to cover all children under 19
with family income below 150 percent of FPL through one of three options:
expanding Medicaid (Alaska's choice), creating a state Children's Health
Insurance Program, or combining Medicaid and CHIP.
The new regulation changes
mostly Medicaid eligibility. By 2014, children under 19, pregnant women,
parents, and childless adults with family income below 133 percent of FPL will
be eligible for Medicaid. Additionally, it
also will provide access to CHIP for children of state public employees that
previously were only covered under a state employee health care plan if the
parents could afford it.
The changes in Medicaid and
CHIP eligibility actually will not provide access to health care for more
youth, but they will address quality and cost of the services. First of all, children ages 6 to 19 with family
income between 100 percent and 133 percent of FPL who are currently enrolled in
CHIP (if their states have it) will be switched to Medicaid. Their families
will not pay for their covered medical services at all because Medicaid rules
prohibit any cost sharing while CHIP allows nominal sharing for families with
income below 150 percent of FPL and not more than 5 percent for families'
with income higher than 150 percent of FPL. If we take into consideration that all
direct and indirect financing burdens due to children's health care problems
might cost families close to 50 percent of income[iv],
these changes are definitely positive for children's health care.
Expansion of Medicaid for adults
The expansion of Medicaid
eligibility for adults (including childless adults) with income up to 133
percent of FPL, will improve health care for children in three ways. Firstly,
the Medicaid health plan will be more family-centered. This means the health
care plan will be based on the fact that family is essential to children's
health status, and a health plan should meet not only children's health care
needs but also health care needs of their families as a whole.[v]
Secondly, it will eliminate some economic disparities between kids whose
parents have insurance and those whose parents do not. Today, because of variation
among the states, median Medicaid eligibility for youth is 235 percent of FPL;
however, for working parents it is only 64 percent of FPL. For jobless parents
it is even less -- 38 percent of FPL.[vi]
Research shows that insured children with uninsured parents are more likely to
have some gaps in needed medical services and undelivered preventive services.[vii]
Finally, there is considerable discussion about reproductive health. Today, 47
percent of poor and 38 percent of near poor childless adults are uninsured. [viii]
All these adults are potential parents in future. If as a society, we expect
them to be responsible for their health and health of their future children, I
believe we have to provide resources to them.
Health insurance exchanges
Those who are not eligible for
Medicaid and CHIP will be eligible for a state exchange in 2014 that will
provide health insurance to qualified children. The exchange rules require a
cap for premiums and for out-of pocket spending, which ranges from 2 percent to
9.5 percent depending upon the level of income. Additionally, the government
will provide cost-sharing subsidies for the exchange's beneficiaries. Moreover,
the exchange will provide a public plan option, which the many analysts point
to as a solution that better meets children's health care needs
However, Medicaid expansion and the exchanges won't be effective until
2014. How does the new legislation deal with protecting children right now?
There are three approaches: prohibition of exclusion for pre-existing medical
conditions, expanding dependent coverage up to age 26, and the establishment of
a temporary high-risk pool.
Prohibiting exclusion of children with pre-existing
medical conditions from health insurance
Children with poor health status are more likely to be uninsured.
Starting September 2010, all children have to be enrolled in a health insurance
plan regardless of any pre-existing conditions. However, while health insurance
companies can't impose any exclusion on pre-existing conditions for children by
September 2010, insurers may still impose the costs associated with these
conditions because this will not be prohibited until 2014.[ix]
If the pre-existing conditions of a child result in a premium that a family
cannot afford to pay, until 2014, health insurance companies may exclude the
children indirectly.
Expanding dependent coverage up to age 26
Statistically, the population under age 26 is the least insured. These
youth are still financially dependent on their parents in the majority of
cases. After September 23, 2010, insurance
companies must formulate a plan to offer the additional coverage to older
dependents, and that coverage must begin no later than July 1, 2011. Several
insurance companies (Premera Blue Cross, Aetna Life Insurance Company, United
HealthCare Insurance Company), agreed to cover dependents up to age 26 even
before the September 23, 2010 deadline. [x]
At the same time, self-funded
health plans, are not subject to this provision though such groups may
voluntarily choose to do so. The children of these young people cannot be
covered under their grandparents' health insurance plans, but they may qualify
for Medicaid or CHIP. [xi] Another
category of the youth population, children in foster care, will have this
option in January 2014. [xii]
Establishment of a temporary high-risk pool
This pool will cover people with pre-existing medical conditions, and
those who have been uninsured for at least six months until January 2014. In
some states (including Alaska) these pools already exist but rules vary from
state to state. New legislation imposes minimum benefits including the coverage
of at least 65 percent of health care costs, standard premiums, and maximum
out-of-pocket spending including premiums (not more than $5,950 per year for
individual and $11,900 per year for families).
Children's Health Care in
Alaska
Alaska is one of the few
states that chose to extend Medicaid under CHIP regulation. Denali KidCare
(DKC), Alaska's expanded Medicaid program, must be maintained until 2019 with
at least the current scope of covered health services and eligibility. Under
the current DKC program, all Alaska uninsured children from families with an
income under 175 percent of FPL qualify for the Medicaid program. It means that
all of these children get health care services under DKC program free of charge
(except $50 per day for the first four days inpatient hospital treatment). The
program meets five among eight "special performance bonuses" under the Children's Health Insurance
Reauthorization Act of 2009 (CHIPRA) -- 12-month continuous eligibility,
liberalization of asset requirement, elimination of face-to-face interviewing,
using a single application, and automatic administrative renewal. This allowed
DKC to get additional $788,505 in 2009 to provide coverage for more kids. Moreover,
the program provides the opportunity to use it as a secondary health insurance
for children from families with income under 150 percent of FPL. Thus, we are
not expected to enroll more children in DKC because the program already has a
higher eligibility (175 percent of FPL) than the federal floor requirements
(150 percent of FPL).
Alaska Medicaid eligibility
for adults is more liberal than the national median. The Medicaid income
threshold for working parents is 81 percent of FPL, and 77 percent for the
jobless compared with national median 64 and 38 percent respectively.
Consequently, there is still plenty of room for expanding Medicaid coverage for
the adult population up to 133 percent of FPL.
In addition, Alaska also already has a temporary high-risk pool. The
Alaska Comprehensive Health Insurance Association (ACHIA), which was formed in
1993, has seven plans that generally cover 80 percent of health care cost
(excluding mental care services, where it covers only 50 percent).
Nevertheless, ACHIA will need to be restructured to comply with new rules, because
the ACHIA's out-of pocket spending allowances meet federal requirements only in
three plans (Plan A, B, and C) and all seven plans contain a $2,000,000
lifetime maximum that will also be prohibited in September 2010. These changes
will help children with special care needs and disabled children to get health
care and medical services as much as is needed without financial limitation.
Two insurance
companies in Alaska - United HealthCare Insurance Company and CELTIC - already
started covering dependents up to age 26; Premera Blue Crass Blues Shield of
Alaska covers dependents up to age 22 and Aetna Life Insurance Company and ODS
Alaska - up to 23. However, the
AlaskaCare Employee Health Plan will begin to provide this program only on
July1, 2011, because the provision needs "to be acquired during the 2011
legislative session."[xiv]
Unfortunately, State of Alaska retiree insurance plan, being self-funding
health insurance, decided not to participate in this innovation voluntarily.
At the same time, Alaska has
the second lowest public health insurance eligibility for youth after North
Dakota. More specifically, there are only three states (North Dakota, Alaska,
and Idaho) that limit Medicaid and CHIP coverage for children from family's
whose income is under 200 percent of FPL. The majority of states set the
eligibility between 200 percent and 250 percent of FPL. Seventeen states even
expand eligibility to between 250 percent and 400 percent of FPL. [xv]
Alaska is not considered a
poor state and health care here is one of the most expensive in the United
States. Thus, it is reasonable to increase DKC eligibility to at least 200 percent
of FPL and provide access to health care for 1,200 Alaska kids whose parents
have no regular source of health care at all. Depending on the timing and
scope of the DKC expansion, the federal match could be much higher than the
approximately 50 percent that it is currently. For more details, see the Medicaid
financing regulation [xvi]
and CHIPRA financing scheme [xvii].
School-based Programs
It is generally understood that immunizations, regular screenings, and
preventive educational programs are powerful tools for improving children's
health and saving future costs. Moreover, under the new legislation all of
these services will be available at no cost for Medicaid and CHIP beneficiaries
and also for privately insured patients. At the same time, children's programs
at the schools allow the possibility of obtaining health care in a very
effective way -- through school-based health centers.
There are several crucial elements that indicate adequacy of a health
care system for children: access to health care, appropriateness of services,
comprehensiveness, coordination, continuity, relation to community, and family
centeredness. [xviii]
School-based services effectively meet access, appropriateness,
comprehensiveness, continuity, and coordination between health and educational
professionals. Many scholars agree that school-based programs are the basis for
any successful prevention activities: from special health education programs such
as life style skills programs and childhood obesity programs, to oral health
programs for children.
Under the new legislation, $11 billion will be available for increasing
access to health care for community and school-based health centers in 2011. In
Alaska, school-based health centers are still rather rare. However, the state
has two examples of this: one is in Juneau and the other is in Anchorage. Both
centers are financed through the state education funds and federal grants. This
experience needs to be shared throughout the state.
Prevention and Early Intervention
The early childhood home visiting program is also promoted under the new
health care policy. It meets all the factors that school-based services do as
well as containing the family-centered elements. The main idea of the Maternal,
Infant, and Early Childhood Home Visiting program is "promoting healthy
development and improving maternal and child outcomes ... to help families create
a nurturing environment for young children and connect to a range of services ...
they might need"[xix].
The federal government has approved $90 million to states
already this year to initiate the programs under a pre-determined formula.
Because specialized health care is concentrated mostly in Anchorage, this home
visiting program will be very effective and efficient in increasing access to
needed health care, improving quality by providing services as early as
possible, and decreasing cost by avoiding consequences of lack of access and
later intervention. The deadline for the first round of grant applications was
July 9, 2010. Alaska applied for the grant. There are several existing health
services (for example, Alaska Children's Services, Children Care Connection,
and Alaska Children Trust) that can be
potentially expanded by this program.
Early intervention and prevention among youth, and especially among
at-risk youth, are some of the priorities included in federal grant support
initiatives under the new regulation. Grants for "personal responsibility
education programs," abstinence education, and outreach and educational
activities are already available this year. For Alaska -- with one of the
highest rates of sexual transmitted diseases, rape and considerable problems
with tobacco, alcohol, and drug abuse -- these programs are critical. The state
has a strong potential to provide them, since these programs not only already
exist but also effectively collaborate with each other under the Anchorage
Youth Development Coalition.
Trauma Centers
The new federal legislation establishes a new trauma center program. This
program would strengthen emergency department and trauma center capacity.
Unintended injury is a leading cause of death among children, and these trauma
centers will decrease the mortality rate by providing quality and special
emergency care. Alaska's unique environment offers access to potentially
harmful outdoor activities in a setting of huge distances between the majority
of towns and villages and Anchorage. This increases both the risk of unintended
injury and the time when specialized health care is available. From these
perspectives, a trauma center program would be part of a comprehensive approach
to trauma care needs.
Conclusion
Ultimately, the Patient Protection and Affordable Care Act (P.L. 111-148)
will serve the medical needs of children significantly better than current
regulations. First of all, no child will be excluded from access to health care
due to pre-existing conditions. Secondly, Medicaid and CHIP children will benefit from the programs' changes and innovations, and some children will get
medical insurance through the exchanges with the public insurance option. This
broad access to health insurance will provide more possibilities for kids to have
their health care needs met. Thirdly, the new financial rules (caps on premiums
and out-of-pocket spending, federal subsidy) will decrease economic and
racial/ethnic disparities for children in the health care system. Fourthly,
health care services for the youth population are going to be better adjusted
for this population's health care needs -- prevention, regular screening, and
psychosocial approaches. Fifthly, school-based centers are anticipated to
improve effectiveness of prevention among children and adolescents. And
finally, new trauma programs will better deal with one of the main causes of
death among the youth population. The new legislation won't solve every
problem, but it will surely improve the health of America's youth population rather
significantly.
Alaska has the potential to increase access to health care for children
by expanding DKC eligibility at least to 200 percent of FPL, or ideally even
higher. Required changes in the Alaska Comprehensive Health Insurance
Association (decreased out-of-pocket cost and a $2,000,000 lifetime maximum)
will eliminate some problems with quality and cost of needed health care
services for children with special care needs and disabilities. Federal grants
for school-based centers, health education, prevention, and outreach activities
will be able to successfully strengthen already existing programs and push
forward the whole system of youth development in the state. Maternal, infant,
and early childhood home visiting programs, trauma centers, "personal
responsibility education programs," abstinence education, and so on can
equalize access, quality, and cost requirements in children's health care
definitely better than current legislation. However, the majority of these
programs, changes, and innovations need leadership from state authorities to
play a crucial role in this process. Personally, I believe that Alaska, being a
rather unique state, should be a leader in providing health care for all
Alaskans and especially for Alaska kids.
References
[iv]
Meyer, M.K., Lukemeyer, A., & Smeeding, T. (1998). Childhood disability and
poor families. Social Service Review, 4, p.209
[v] Johnson,
B., Abraham, M., Couway, J., Simmons, L., Edgeman-Levitan, S., Sodomka, P.,
Schlucter, J., & Ford, D., (2008). Partnering with patients and families to
design a patient- and family-centered health care system: Recommendations and
promising practices. Institute for family-centered care.
Retrieved August 9, 2010 form
http://www.ipfcc.org/pdf/PartneringwithPatientsandFamilies.pdf
[vii] DeVoe, J.E., Tillotson, C.J., & Wallance, L.S. (2009). Children receipt of
health care services and family health insurance patterns. Annals of Family
Medicine, 7 (5), p.406-413
[xviii] Naar-king, S., & Siegel, P.T. (2000). A model for evaluation collaborative
health care programs for children with special needs. Children's services:
Social Policy, Research, and Practice, 3(4), p.
236
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Erratum
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Wilson Justin  | In the last issue of AHPR, July 2010, we erred in our attempt to spell out an acronym in the commentary by Wilson Justin. The corrected sentences should read as follows:
In just one case, KIC [Ketchikan Indian Corporation] strongly
objected to a new funding breakout adopted by the caucus in
pre-negotiations, which left KIC short of about $143,000 in new funding.
The same action also affected several other providers in the same way.
We sincerely regret the error and appreciate the opportunity to make the necessary correction to the article.
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AHPR Staff and Contributors
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Lawrence D. Weiss, PhD, MS, Editor Kelby Murphy, Senior Policy Analyst Kalia Yeagle, Administrative Assistant Jacqueline Yeagle, Newsletter design and editing |
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