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AFFORDABLE CARE ACT
MASSACHUSETTS IMPLEMENTATION UPDATE

November 4, 2013
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These Updates, published by the Executive Office of Health and Human Services (EOHHS) in consultation with the other state agencies involved in ACA implementation, will bring you news related to the implementation of provisions of the ACA here in Massachusetts.

Grants and Demonstrations

 

The ACA provides funding opportunities to transform how health care is delivered, expand access to care and support healthcare workforce training.

 

Grant Activity

 
For information about ACA grants awarded to and grant proposals submitted by the Commonwealth, visit the Grants page of the Massachusetts National Health Care Reform website at: Mass.Gov  

 

Guidance

  

10/30/13 The Office of Personnel Management (OPM) published a notice under the Privacy Act of 1974 that announces a proposal to add "External Review Records for Multi-State Plan Program (MSPP)" to its system of health insurance records.

 

Under ACA §1334, the MSPP requires the OPM, which administers the Federal Employees Health Benefits Program (FEHBP), to contract with at least two Multi-State Plans (MSPs) on each of the Affordable Insurance Exchanges. The MSPP is intended to promote competition in the insurance marketplace and help ensure individuals and small employers have higher quality, affordable health insurance plans from which to choose beginning in 2014. An MSPP issuer may phase in the States in which it offers coverage over four years, but it must offer MSPs on Exchanges in all States and the District of Columbia by the fourth year in which the MSPP issuer participates in the MSPP. Health insurance issuers who wish to offer MSPs will complete an application. Although the MSPP is a federal program it will offer products through the state-level exchanges. In addition to compliance with the ACA's requirements that apply to all qualified health plans (QHPs), MSP's must also comply with applicable FEHBP requirements and be licensed by the states in which they do business. Under the ACA, OPM will negotiate a contract with each multi-state QHP in order for that plan to be certified for participation in that state's Exchange. QHPs are health plans that have been certified by an Exchange, provide essential health benefits (§1301) and follow established limits on cost-sharing (like deductibles, copayments, and out-of-pocket maximum amounts).

 

The ACA requires implementation of a uniform, nationally applicable external review process for MSP options, similar to the process administered by OPM under the FEHB Program. This process will ensure that MSP Program contracts are administered consistently throughout all 51 jurisdictions that would be served by an MSP option. In addition to requests for external review, we anticipate that MSP enrollees may contact OPM about inquiries or complaints regarding MSP options, which may have to be referred to other appropriate entities such as State insurance departments, State consumer assistance programs, and the U.S. Department of Health and Human Services.

 

The purpose of this system of records is to provide a central database through which OPM may conduct external review of adverse benefit determinations under the MSP Program, refer MSP enrollees to other appropriate entities to resolve their inquiries or complaints, and correspond with MSP enrollees.

 

According to CMS, the proposal will be effective on December 9, 2013 unless the agency receives comments that would result in a revised determination.

 

Read the notice at: http://www.gpo.gov/fdsys/pkg/FR-2013-10-30/pdf/2013-25725.pdf

  

10/30/13 The Office of Personnel Management (OPM) published a final rule called "Federal Employees Health Benefits Program and Federal Employees

Dental and Vision Insurance Program: Expanding Coverage of Children;

Federal Flexible Benefits Plan: Pre-Tax Payment of Health Benefits Premiums: Conforming Amendments." The rule amends the Federal Employees Health Benefits Program (FEHB) regulations regarding coverage for children up to age 26 and for children of the same-sex domestic partners of FEHB enrollees. The regulations also allow children of same sex domestic partners to be covered family members under the Federal Employees Dental and Vision Insurance Program (FEDVIP).

 

The rule is intended to (1) Bring FEHB rules into compliance with changes to health insurance coverage for children under the ACA; (2) extend FEHB and FEDVIP benefits to children of same-sex domestic partners of Federal employees consistent with Executive action; and (3) to implement ACA-required changes to the Federal Benefits Plan: Pre-Tax Payment of Health Benefits Premiums in connection with the extension of FEHB coverage to children of same-sex domestic partners of Federal employees.

 

ACA §2714 requires group health plans and health insurance issuers offering group or individual health insurance coverage that provides dependent coverage of children to ''continue to make such coverage available for an adult child until the child turns 26 years of age.'' Pursuant to the ACA, OPM issued guidance to FEHB carriers in Carrier Letter No. 2010-18 and to agency benefit officers in Benefits Administration Letter No. 10-201. In these guidance documents, OPM explained that the ACA and its implementing regulations allow married children to be covered; remove dependency requirements; remove residency requirements; and do not require a child to be a student or to have prior or current insurance coverage in order to be placed on their parent's enrollment under the FEHB Program.

 

The proposed rule issued on July 20, 2012 updates FEHB regulations to align with current program policy by extending coverage to children up to 26 years of age, regardless of their marital status, dependency, residency, student status, or lack of insurance coverage with limited exceptions permitted under guidance issued under the ACA.

 

After reviewing comments the agency received on the proposed rule, OPM made several changes to the final rule. The most significant change to this regulation is that eligibility for the children of same-sex domestic partners is limited to those states in which same-sex couples are unable to marry.

 

Read the final rule at:

http://www.gpo.gov/fdsys/pkg/FR-2013-10-30/pdf/2013-25734.pdf

 

10/28/13 HHS/CCIIO issued guidance regarding the ACA's individual shared responsibility provision which clarifies the date by which individuals must be enrolled in health insurance coverage in order to avoid a penalty. According to HHS, individuals will now have until March 31, 2013 (not February 15, 2013 as previously stated) to enroll in health insurance and avoid a penalty (even if the policyholder is not covered by their plan until May 1, 2013).

 

Beginning in 2014, the individual shared responsibility provision requires each nonexempt individual to have basic health insurance coverage (known as minimum essential coverage, or MEC, §1501), qualify for an exemption, or make a shared responsibility payment when filing their federal income tax return. The requirement applies to adults, children (as tax dependents), seniors (most of whom will meet the coverage requirement through Medicare), and lawfully present immigrants.  

 

The final regulations (which were published in the Federal Register on August 30, 2013) clarify the rules around those categories of individuals who are either entirely exempt from the requirement to maintain MEC or who are exempt from the associated tax penalty. According to the final regulations, individuals will not have to make a payment if coverage is unaffordable, if they spend less than three consecutive months without coverage, or if they qualify for an exemption for several other reasons, including hardship and religious beliefs. The final regulations also state that a taxpayer is treated as having coverage for a month so long as he or she has coverage for any one day of that month. The final regulations also provide an exemption for those individuals who would be eligible for Medicaid but for a state's choice not to expand Medicaid eligibility (pursuant to the Supreme Court decision).

 

Read the CCIIO Shared Responsibility Provision Question and Answer at: CMS.Gov

 

10/25/13 The Department of Homeland Security's U.S. Immigration and Customs Enforcement (ICE) agency issued guidance regarding the use of information that may be provided by individuals applying for health coverage through the Health Insurance Marketplace (Exchange) or at a Medicaid or Children's Health Insurance Program (CHIP) agency. 

 

The ACA requires that individuals seeking coverage under a qualified health plan (QHP) offered on an Exchange or through an insurance affordability program (such as premium tax credits, cost sharing reductions, Medicaid, CHIP, or Basic Health Program) provide information regarding their immigration status and certain information about their household members to determine eligibility for such coverage.

 

According to ICE, information provided by individuals for such health insurance coverage may not be used for purposes other than administering Exchange programs, or making or verifying certain eligibility determinations, including verifying the immigration status of such individuals. If, during the application process, ICE learns that an applicant is not a legal U.S. resident, that information will not be used to pursue a civil immigration enforcement action.

 

The guidance is available at: http://www.ice.gov/doclib/ero-outreach/pdf/ice-aca-memo.pdf.

  

A set of Frequently Asked Questions for immigrants provides more information at: https://www.healthcare.gov/what-do-immigrant-families-need-to-know/

 

10/24/13 CMS/HHS issued a final rule called "Patient Protection and Affordable Care Act; Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014." The rule finalizes standards to protect federal funds and ensure that that health insurance issuers and Exchanges (also known as Marketplaces) comply with federal policies so that consumers have access to health insurance.

 

The rule outlines oversight and financial integrity guidelines with respect to Exchanges, Qualified Health Plan (QHP) issuers in Federally-facilitated Exchanges (FFEs), and states with regard to the operation of risk adjustment and reinsurance programs (also known as premium stabilization programs). Under the rule, HHS creates oversight of advance payments of the premium tax credit and cost-sharing reductions including requirements governing the maintenance of records, annual reporting of summary statistics, and audits.

 

Additional provisions are established for special enrollment periods, HHS-approved survey vendors that may conduct enrollee satisfaction surveys on behalf of QHP issuers in Exchanges, and oversight of QHP issuers in an FFE. The rule strengthens financial integrity provisions and protections against fraud and abuse (consistent with Title I of the ACA) as laid out in a proposed rule "Patient Protection and Affordable Care Act; Program Integrity: Exchange, SHOP, Premium Stabilization Programs, and Market Standards" (published in the Federal Register on June 19, 2013).

 

The rule also amends standards and adopts provisions in the "Amendments to the HHS Notice of Benefit and Payment Parameters for 2014" interim final rule (published in the Federal Register on March 11, 2013), related to risk corridors and cost-sharing reduction reconciliation.

 

Starting October 1, 2013, qualified individuals and qualified employees may purchase private health insurance coverage through competitive marketplaces called Affordable Insurance Exchanges, or "Exchanges" (also called Health Insurance Marketplaces).The ACA established Affordable Insurance Exchanges (§1311(b)) to provide individuals and small business employees with access to health insurance coverage beginning January 1, 2014, where low and moderate income Americans will be eligible for premium tax credits (§1401, §1411) to make purchasing a health plan more affordable by reducing out-of-pocket premium costs.

 

QHPs are health plans that have been certified by an Exchange, provide essential health benefits (§1301) and follow established limits on cost-sharing (like deductibles, copayments, and out-of-pocket maximum amounts). A QHP must have a certification by each Exchange in which it is sold. ACA §1311 and subsequent regulations provide that, in order to be certified as a QHP and operate in the Exchanges that will be operational in 2014, a health plan must be accredited on the basis of local performance by an accrediting entity recognized by HHS.

 

The premium tax credit is designed to make purchasing a health plan on the Exchange affordable for low and moderate income Americans by reducing a taxpayer's out-of-pocket premium cost. To be eligible to receive the premium tax credit, individuals and families must have incomes between 100%- 400 % FPL (or between 0% - 400% FPL if lawfully present and ineligible for Medicaid) and be enrolled in a qualified health plan (QHP) through an exchange. The individual must also be ineligible for government sponsored insurance and not have access to employer sponsored insurance that meets definitions of affordability and minimum essential coverage as established by ACA §1401. Advance payments are made monthly under ACA §1412 to the issuer of the QHP in which the individual enrolls. ACA §1402 provides for the reduction of cost sharing for certain individuals enrolled in QHPs offered through the Exchanges and §1412 provides for the advance payment of these reductions to issuers.

 

The ACA established three risk-mitigation programs to stabilize premiums in the individual insurance market and minimize the effects of adverse selection that may occur as insurance reforms and the Exchanges launch in 2014. These programs include transitional reinsurance (§1341), temporary risk corridors programs (§1342), and a permanent risk adjustment program (§1343) to provide payments to health insurance issuers that cover higher-risk populations and to more evenly spread the financial risk borne by issuers. The transitional reinsurance program and the temporary risk corridors program, which begin in 2014, are designed to provide issuers with greater payment stability as insurance market reforms are implemented. The reinsurance program will reduce the uncertainty of insurance risk in the individual market by partially offsetting risk of high-cost enrollees. The risk corridors program, which is a federally administered program, will protect against uncertainty in rates for qualified health plans by limiting the extent of issuer losses and gains.

 

Read the final rule (which was published in the Federal Register on October 30, 2013) at: http://www.gpo.gov/fdsys/pkg/FR-2013-10-30/pdf/2013-25326.pdf

 

Prior guidance can be found at: http://www.hhs.gov/healthcare/index.html

 

Commonwealth of MA News

 

MassHealth and Health Safety Net Regulation Changes

EOHHS has posted proposed changes to MassHealth and Health Safety Net regulations to implement the Affordable Care Act (ACA). The proposed changes will affect MassHealth and Health Safety Net eligibility, benefits, and operational processes. Specifically, the regulation changes implement the categorical and financial requirements for MassHealth programs authorized by the ACA and changes in Massachusetts state law. In addition, the proposed regulations describe operational changes in the application and redetermination processes.

 

A public hearing will be held on Monday, November 4, 2013, at 10 am in the Daly Conference Room, Two Boylston Street, Boston, MA. Written comments are due by Tuesday, November 5, 2013 at 5pm. Additional information about the hearing and instructions for submitting comments can be found at: http://www.mass.gov/eohhs/docs/eohhs/ad-2013-october-13-aca-ph.pdf.

 

The proposed regulations are available for review online at: (http://www.mass.gov/eohhs/gov/laws-regs/masshealth/masshealth-proposed-regs.html or may be requested in writing or in person from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.  

Bookmark the Massachusetts National Health Care Reform website at: 

National Health Care Reform to read updates on ACA implementation in Massachusetts.

 

Remember to check the Mass.Gov website at: Dual Eligibles for information on the "Integrating Medicare and Medicaid for Dual Eligible Individuals" initiative.