affordable care act: opportunities and challenges maggie morgan and grant barbosa harvard law school...

44
Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March 2013

Upload: lester-stone

Post on 23-Dec-2015

215 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Affordable Care Act: Opportunities and Challenges

Maggie Morgan and Grant BarbosaHarvard Law School Center for Health Law and Policy Innovation

March 2013

Page 2: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Health Reform Presentation Outline

• Insurance Reforms protect people with chronic illness and expand coverage to millions of previously uninsured people.- Healthcare Marketplaces make insurance easier to get. Federal subsidies help people afford coverage. - Medicaid Expansion increases coverage options for low-income adults.

• New delivery models are being developed to improve coordination of care- Chronic Health Homes and Accountable Care Organizations.

• Grant opportunities in Preventive Services and Programs.

Page 3: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

What does the ACA do? What does the ACA do?

1) Insurance Reforms – Making the healthcare marketplace fairer – Making insurance more affordable/accessible

2) Moving towards new delivery models– Encouragement of Coordinated, Integrated Care– Provider Incentives for Quality and Cost Savings– Shift towards Prevention

Page 4: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

I. Insurance Reforms

Page 5: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Challenge: 16.3 Percent of North Carolinians are Uninsured

5

Page 6: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

• Cannot be denied insurance or charged higher premium because of preexisting condition(2014)

• Health plans cannot drop people from coverage when they get sick (already in effect)

• No lifetime limits on coverage (already in effect)

• No annual limits on coverage (2014)

ACA Insurance Reform #1 Ends Discriminatory Insurance Practices

ACA Insurance Reform #1 Ends Discriminatory Insurance Practices

Page 7: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACA Insurance Reform #2Health Insurance Marketplaces

ACA Insurance Reform #2Health Insurance Marketplaces

Affordability: • Federal subsidies for people with income up to 400% FPL

Consumer-Friendly: • Transparency • Streamlined Enrollment• Use of Navigators

Coverage Guarantees: • Essential Health Benefits• No Discrimination based on Gender or Health Status

Page 8: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Where States are: Marketplaces Where States are: Marketplaces

Source: Kaiser Family Foundation

Page 9: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACA Essential Health Benefits• Ambulatory services • Emergency services • Hospitalization • Maternity/newborn care • Mental health and substance use

disorder services• Prescription drugs • Rehabilitative and habilitative

services• Laboratory services • Preventive and wellness services and

chronic disease management • Pediatric services

Essential Health Benefits PackageEssential Health Benefits Package

• All insurance plans sold in marketplaces MUST include these 10 benefit categories.

• Federal regulations set a “floor” for what each category must include. State-based marketplaces can add to the requirements in their states.

• Plans will still be different within each category. Prescription drug formularies, for example, might be different.

Page 10: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACA Insurance Reform #3Medicaid Expansion

ACA Insurance Reform #3Medicaid Expansion

• Lets states expand Medicaid eligibility to adults with income under 138% FPL (2014)– $15,856 for an individual/~$32,499 for family of four (2013)– Individuals earning federal minimum wage at 40 hours/week

would qualify. • Improves Services

– Medicaid expansion includes Essential Health Benefits (EHB)• Streamlines Application and Enrollment• 100% Federal Funding for first 3 years; drops to 90% for 2020

and beyond

Page 11: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Medicaid Benchmark Requirements

• Prescription drugs• Mental health services• Family planning services• Non-emergency transportation• Inpatient & outpatient hospital services• Physicians’ surgical and medical services• Laboratory and x-ray services• Well-baby and well-child care• Emergency services• Access to rural health centers and

federally qualified health centers (FQHCs)

ACA EHB Requirements• Prescription drugs • Mental health and substance use

disorder services • Hospitalization• Maternity and newborn care• Emergency services• Ambulatory patients services• Rehabilitative and habilitative services• Laboratory services• Preventive and wellness services and

chronic disease management• Pediatric services, including oral and

vision care

Expansion Groups Gets EHB Plus Medicaid BenchmarkExpansion Groups Gets EHB Plus Medicaid Benchmark

Page 12: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

What happens in a state that does not expand Medicaid?

What happens in a state that does not expand Medicaid?

Page 13: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

North Carolina Medicaid ExpansionNorth Carolina Medicaid Expansion

• Could provide 500,000-600,000 low income citizens with insurance coverage– Studies show that 500,000 additional people in

Medicaid can lead to 2,840 fewer deaths per year.• $1.3 billion to $1.7 billion of additional funding

annually – 18,000 to 25,000 new jobs – $497 million in additional tax revenue by 2021

• If NC doesn’t expand, net outflow of funds to other states of almost $15 billion over the next eight years.

Sources: NC Justice Center, NC Institute of Medicine

Page 14: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Impact on Hospitals Impact on Hospitals

Source: Milliman ACA Impact Analysis , December 2012 (measured in millions of dollars)

• In addition to individual and public health related cost savings, Medicaid expansion will dramatically reduce federal and state uncompensated care costs

• If a state doesn’t expand Medicaid, costs will increase, as the federal government is reducing funding to cover uncompensated care in favor of funding Medicaid expansion

Page 15: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

State Decisions on MedicaidState Decisions on Medicaid

Source: The Advisory Board

Page 16: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACA Insurance Reform #4Medicare Reforms

ACA Insurance Reform #4Medicare Reforms

• 50% discount on all brand-name prescription drugs

• Part D “donut hole” phased-out by 2020

• Improved access to prevention/screening without cost-sharing

• Provides $ bonus to providers who offer primary care services

Page 17: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

II. Changing the Model for Health Care Delivery

II. Changing the Model for Health Care Delivery

Chronic Health Homes

Accountable Care

Organizations

Emphasis on Prevention

Long-Term Supports and

Services

Page 18: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Need for Coordinated Whole Person Care

Need for Coordinated Whole Person Care

• Current fee-for-service system leads to fragmentation across many providers

• Tendency not to pay for care coordination and case management services

• Incentive to see many patients = not enough time with each patient individually

• Often insufficient cultural competence and health navigationExisting system not ideal for chronic disease

management

Page 19: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

The Medicaid Health Home OptionThe Medicaid Health Home Option

• The ACA authorizes a new state option in the Medicaid program to implement health homes for individuals with chronic conditions

• This model builds on the Patient Centered Medical Home (PCMH) models already implemented in many states to focus specifically on people living with chronic conditions

• 90% federal matching funding for health home services for the first two years

• Development of health homes can help states: - Improve care for chronically ill - Restrain growth in Medicaid costs

Page 20: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

What services are included in the ACA Health Home Option?

What services are included in the ACA Health Home Option?

• Comprehensive care management• Care coordination• Health promotion• Comprehensive transitional care/follow-up• Patient & family support• Referral to community & social support

services

Page 21: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Who is eligible for a Health Home?Who is eligible for a Health Home?

Medicaid Beneficiaries who:• Have 2 or more chronic conditions • Have one chronic condition and are at risk for a

second• Have one serious and persistent mental health

condition Chronic conditions listed in the ACA: mental health,

substance abuse, asthma, diabetes, heart disease, and being over weight.

Page 22: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

States’ Move Towards Health HomesStates’ Move Towards Health Homes

As of 2/15/13, 8 States have had their Health Homes SPAs approved by CMS:

• Missouri (2 SPAs approved 10/20/11 and 12/22/11)

• Rhode Island (2 SPAs; approved 11/23/2011) • New York (approved 2/3/12)• Oregon (approved 3/13/12)• North Carolina (approved 5/24/12)• Iowa (approved 6/8/12)• Ohio (approved 9/17/12)• Idaho (approved 11/21/12)

Page 23: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

States Have Considerable Flexibility to Design Their Own Health Homes

States Have Considerable Flexibility to Design Their Own Health Homes

States can determine their own • Population • Providers• Payment

Maggie Morgan
Page 24: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Selection of Health Home PopulationSelection of Health Home Population

• States determine which chronic conditions to cover– Most have adopted the chronic conditions listed in the ACA -

including mental health, substance abuse, asthma, diabetes, heart disease and being overweight

• Rhode Island and Ohio limit adult programs to those with mental illness or substance abuse problems

– States can also target individuals with chronic conditions outside the ACA list with CMS’ approval

• Oregon includes people with HIV, cancer and Hepatitis C

• Can be limited to certain acuity levels/ those with more severe conditions

• Can be limited to specific geographic areas, but all states have chosen to implement statewide

Page 25: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Selection of Health Home ProvidersSelection of Health Home Providers

• Designated provider– May be a physician, clinical/group practice, rural health clinic,

community health center, community mental health center, home health agency, pediatrician, OB/GYN, or other provider

• A team of health professionals operating w/ desig. provider– May include physicians, nurse care coordinators, nutritionists,

social workers, behavioral health professionals, or others– Can be free-standing, virtual, hospital-based, or a community

mental health center or another appropriate setting • Health team

– Must include medical specialists, nurses, pharmacists, nutritionists, dieticians, social workers, behavioral health providers, chiropractic, licensed complementary and alternative practitioners

Page 26: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Design of Payment MethodsDesign of Payment Methods

Payment methodologies:– Monthly management care fee

(most states)• Can vary based on the severity of a

person’s condition or the capabilities of health home provider

– Fee-for-service

– State may propose alternative approach

Page 27: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

• State-wide basis • Chronic conditions listed in the ACA: asthma, diabetes, heart disease, and being

overweight (BMI over 25)• Additional chronic conditions:

– Blindness– Chronic cardiovascular disease– Chronic pulmonary disease– Congenital anomalies– Chronic disease of the alimentary system– Chronic endocrine and metabolic disease – Chronic infectious disease – Chronic mental and cognitive conditions, not including mental illness or developmental

disability – Chronic musculoskeletal conditions– Chronic neurological disorders

• NC considers certain diagnoses such as diabetes to place a person at risk for other qualifying conditions.

NC Selection of Health Home Population

NC Selection of Health Home Population

27

Page 28: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

NC Health Home Providers and Payment

NC Health Home Providers and Payment

• North Carolina will rely on existing providers in its PCCM program, Community Care of North Carolina.

• The 14 regional networks and the local primary care providers will receive a Per Member Per Month amount, which will be higher for beneficiaries who are aged, blind or disabled.

Page 29: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Medical Homes vs. Health Homes

Similar goals but a few important differences:

• Unlike PCMHs, Health Homes must coordinate with behavioral health providers

• Health Homes are required to help enrollees obtain non-medical supports and services (e.g. public benefits, housing, transportation)

• Health Homes can move coordination beyond primary care

Health Homes offer flexibility to address the specific needs of the chronically ill

Page 30: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Changing the Model for Health Care Delivery

Changing the Model for Health Care Delivery

Long-Term Supports and Services

Page 31: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Long-Term Supports and Services (LTSS)

Long-Term Supports and Services (LTSS)

• State Medicaid programs must pay for nursing home care. However, states are not required to provide long-term services outside of an institutional setting.

• The ACA encourages state experimentation to shift away from institutional care toward community and home support services by enhancing Medicaid funding for home and community based services

Page 32: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACA Provisions: Long-Term Support and Services

ACA Provisions: Long-Term Support and Services

1. The Balancing Incentive Payments Program http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Support/Balancing/Balancing-Incentive-Program.html

2. The Community First Choice Option http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Support/Home-and-Community-Based-Services/Community-First-Choice-1915-k.html

3. Home and Community Based Services Option http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Support/Home-and-Community-Based-Services/Home-and-Community-Based-Services.html

4. Money Follows the Person Demonstration Extension http://www.ncdhhs.gov/dma/moneyfollows/

5. Community-Based Care Transition Program http://innovation.cms.gov/initiatives/CCTP/

Page 33: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Changing the Model for Health Care Delivery

Changing the Model for Health Care Delivery

Accountable Care Organizations

Page 34: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Accountable Care OrganizationsAccountable Care Organizations

An entity made up of health care providers across the continuum of care that agrees to be held accountable for improving the health of its patients. If patients’ health care costs end up being less than would otherwise be expected while quality is maintained or improved, providers keep a share of that savings.

Source: Families USA

Page 35: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

ACOs in the ACAACOs in the ACA

• Medicare Shared Savings Program and Pioneer ACOs: Began in 2012.

• Medicaid Pediatric ACO 5-year demonstration project. Some states launching broader Medicaid ACO programs too.

• ACA is silent on ACOs in private market, but insurers are very interested; Aetna and UnitedHealthcare are both exploring options.

Page 36: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

State ACO ActivityState ACO Activity• Colorado has an active Medicaid ACO• New Jersey is promulgating regulations • Oklahoma, Oregon, Utah, Massachusetts, and

Vermont are all planning Medicaid ACO projects.

• CMS Innovations Child Health Accountable Care Collaborative in North Carolina – NC Community Care and state hospitals

Page 37: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

NC Medicare ACOsNC Medicare ACOs

• Accountable Care Coalition of Caldwell County, LLC• Accountable Care Coalition of Eastern North Carolina,

LLC• Coastal Carolina Quality Care, Inc.• Cornerstone Health Care in High Point • Triad Healthcare Network in Greensboro• Physicians Healthcare Collaborative in Wilmington • Meridian Holdings

Page 38: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Changing the Model for Health Care Delivery

Changing the Model for Health Care Delivery

Emphasis on Prevention

Page 39: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Medicaid Preventive Services Medicaid Preventive Services

Section 4106 of the Affordable Care Act lets states to receive a one percentage point increase in their Federal Medicaid Assistance Percentages (FMAP) if the state Medicaid program covers, without cost sharing, the full list of:

– Preventive services rated grade “A” or “B” by the U.S. Preventive Services Task Force (USPSTF)

– Immunizations recommended by the CDC’s Advisory Committee on Immunization Practices (ACIP)

Page 40: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Preventive Services

Medicare and new private plans must provide preventive services graded A and B by the U.S. Preventive Services Task Force (USPSTF) at no cost to the consumer, along with additional preventive care and screenings for women

Page 41: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Examples of USPSTF Recommended Services

Examples of USPSTF Recommended Services

• General Services– Blood Pressure Screenings – Cholesterol abnormalities screening– Type 2 Diabetes Screening – Cholesterol Abnormalities Screening – Obesity Screening and Counseling – Tobacco Use Counseling and Interventions

• Mental Health - Depression Screening • Women’s Preventive Services

– Mammograms– Cervical Cancer Screening– Prenatal care + 5 more

Page 42: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Investments in Prevention Investments in Prevention

Investments in Prevention and Public Health Fund

Investments in Community Health Centers

Investments in Health Workforce

Page 43: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

Prevention and Public Health FundPrevention and Public Health Fund

Programs Across the Country: http://www.hhs.gov/aca/prevention/ppht-map.html.

• Community Transformation Grants: http://www.cdc.gov/communitytransformation/.

• Positive Health Behaviors and Outcomes: CDC grants to support CHWs.

• Preventing Chronic Diseases in the Medicaid Population: http://innovation.cms.gov/initiatives/MIPCD/.

• Maternal, Infant, Early Childhood Home Visiting Program: http://mchb.hrsa.gov/programs/homevisiting/.

• National Diabetes Prevention Program: http://www.cdc.gov/diabetes/prevention/foa/index.htm.

Page 44: Affordable Care Act: Opportunities and Challenges Maggie Morgan and Grant Barbosa Harvard Law School Center for Health Law and Policy Innovation March

For an electronic copy of this presentation and other information about the Affordable Care Act, contact:

[email protected]

44

This presentation was funded in part through a grant from the Bristol-Myers Squibb Foundation, with no editorial review or discretion