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Biden Administration Will Accelerate 2026 MA and Part D Rule Before Leaving Office

Interesting article in Modern Healthcare on plans of the Biden administration to accelerate the Medicare Advantage (MA) and Part D rule for 2026. The draft will be published in September, with the final rule sometime before President Biden leaves office. This could mean huge new policy changes for MA and Part D. Trump did something similar.

On one hand, Biden may want to leave office proposing some major reforms. On the other hand, the striking of the Chevron deference precedent could complicate enacting major changes.

The possible list of changes I see — they can’t do all of them, could they?:

  • MA rate savings
  • Further risk adjustment reform
  • Overpayment reform
  • Changes on drug pricing
  • More prior authorization changes
  • Fixing the federal court stay of agent-broker compensation
  • More changes on supplemental benefits
  • More health equity reforms
  • More Special Needs Plan (SNP) changes and Medicare-Medicaid integration
  • Star changes, including guardrail reforms, quality improvement hold harmless changes, and fixing TukeyGate

Separately, will he do more on antitrust and horizontal and vertical integration?

(Article may require a subscription.)

#election2024 #biden #healthcare #regulations #medicareadvantage #partd

https://www.modernhealthcare.com/policy/health-rules-2024-medicare-pay-prior-authorization

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CMS Releases Part D Data For 2025; Sets Up Premium Stabilization Program

The Centers for Medicare & Medicaid Services (CMS) released preliminary technical Medicare Part D bid information for Contract Year 2025. The Part D base beneficiary premium is capped at 6% growth in 2025 due to a stabilization fund set up in the Inflation Reduction Act (IRA). This was because of all the transfers of costs to plans from the government and caps on out-of-pocket (OOP) costs. The anticipated enrollment weighted-average premiums were not released in part because CMS has proposed to create an additional voluntary premium stabilization demonstration program for standalone Part D (PDP) plans.

Many critics of the IRA reforms have suggested that premiums in 2025 could go up 50% to 100% (or more) due to the transfer of liabilities. The stabilization subsidy in the IRA only caps the base premium. Plans enhance benefits and will either have to cut enhancements, raise premiums, or both.

The proposed new premium stabilization program for PDPs features a number of caps and reductions to premiums and enhances risk corridor protections. It seems too good to be true – perhaps a sure sign that 2025 premium hikes filed were high and CMS is trying to find ways to mitigate impacts around election time so there is no October Surprise for the incumbent administration.

The potential premium hikes for Medicare enrollees are a huge problem for sure. CMS has some broad demonstration authority under statute, but the proposal does not seem to fit the normal parameters for a demonstration. CMS says it is testing “whether additional premium stabilization and revised risk corridors for stand-alone prescription drug plans (PDPs) increase the efficiency and economy of services. …” I am not convinced this is anything other than a massive additional subsidy to PDPs to deal with the unintended consequences of the IRA changes.

See my earlier blogs on this subject: https://www.healthcarelabyrinth.com/part-d-premium-woes-due-to-the-inflation-reduction-act/ and https://www.healthcarelabyrinth.com/will-democrats-be-victim-of-an-october-surprise-of-their-own-making/ .

#medicareadvantage #partd #pdp #medicare #ira

https://www.cms.gov/newsroom/fact-sheets/cms-releases-2025-medicare-part-d-bid-information-and-announces-premium-stabilization-demonstration

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What If Exchange Premium Subsidy Enhancements Lapse?

A new Kaiser Family Foundation (KFF) analysis determines the potential effects of the lapsing of the enhanced premium subsidies in the Exchanges after 2025.

KFF concludes that enhanced subsidies have cut premium payments by an estimated 44%. It says if the enhancements lapse, individuals in twelve of the states that use HealthCare.gov would see their annual premium payments at least double on average. Enrollees with low incomes would see the greatest jump in their premium payments, but all income groups would be hurt (including middle-income earners). 

The Congressional Budget Office (CBO) said that Exchange enrollment would drop from an estimated 22.8 million in 2025 to 18.9 million the following year if the subsidies lapse. It would drop to 15.4 million in 2030. This would send our uninsured rate up. I expect it to continue to increase now due to the Medicaid redeterminations and losses of coverage.

The lapse in the enhanced subsidies would be tragic for the nation. The problem is that an enhancement renewal would need to occur in 2024 to ensure no interruption to rate filings for 2026. Rates begin to be filed in the first half of 2025. With an election, that won’t happen.

Press release:  https://www.kff.org/affordable-care-act/press-release/aca-marketplace-enrollees-will-see-steep-increases-in-premium-payments-in-2026-if-enhanced-subsidies-expire/

#aca #exchanges #obamacare #premiumsubsidies

https://www.kff.org/affordable-care-act/issue-brief/inflation-reduction-act-health-insurance-subsidies-what-is-their-impact-and-what-would-happen-if-they-expire/

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Paragon Proposes Medicaid Reforms

The conservative think tank Paragon Institute proposes to phase out the current 90 percent federal matching rate for the Affordable Care Act’s (ACA) Medicaid expansion and begin applying the regular federal match after eight years. It would also reduce the 50% Medicaid reimbursement floor to 40% for the richest states, also phased in over eight years. It says spending would be reduced by $600 billion from 2026 to 2034. Trump is known to pay attention to Paragon. While radical and it threatens to reduce coverage nationally, the proposal is less disruptive than the fundamental remake of the ACA and Medicaid attempted by Republicans during Trump’s first term.

#aca #medicaid #coverage #reimbursement

https://finance.yahoo.com/news/paragon-proposes-bold-medicaid-funding-100000986.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAJzUe6HiQKz3okVpdso7A0yLeZAIPW1Ub2ostzrg7ZONyQ8z1KWrDGM859gWDHSx-g-178HChmqc40o8i1lMq0Z0f8O1tXErWp6qrflxRiOQ5GwC6iEyxQ2Yhd9fdz-o9EckMhY6Yljg3gA_7GDG6JdxppPhxUpCV_1324WzFyBd

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Medicare Advantage Inpatient Days Rising

Hospitals cry foul at every pass over Medicare Advantage (MA) plans’ efforts to control inpatient hospital utilization. But a new analysis from the Kaiser Family Foundation (KFF) shows that inpatient days attributable to MA have increased considerably over time.

Medicare Advantage’s share of inpatient days grew from 13% to 23% from 2015 to 2022. As of 2022, nearly half (48%) of all Medicare inpatient hospital days were attributable to MA. The MA penetration in that year averaged just short of 46%. There are numerous other great statistics in the analysis. This year, MA plans are required to follow traditional program standards for deciding whether a stay is required and thus the share will increase more.

#medicareadvantage #hospitals #priorauthorization

https://www.kff.org/medicare/issue-brief/medicare-advantage-enrollees-account-for-a-rising-share-of-inpatient-hospital-days/

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House Committee Grills Big 3 PBM Executives On Practices

Executives from the Big 3 pharmacy benefits managers (PBMs) got grilled today before the House Oversight Committee. The committee just released a report on its over year-long investigation of the Big 3 that found that they are anticompetitive, imperil independent pharmacies, overcharge payers and patients using spread pricing, and enter into brand drug rebate deals that tie to the drugs’ preferential placement on formularies. The report concluded the Big 3 not only don’t save on or control costs but steer patients toward higher-priced drugs and their own pharmacies.

The committee argued that the PBMs have created multiple ways to advantage themselves in the vertically integrated world the Big 3 live, including the use of group purchasing organization (GPOs). The executives tried to refute the findings and often were silent in response to questioning. The committee also criticized prior authorization and step therapy use.

In other news, CVS Health agreed to pay at least $45 million to the state of Illinois to settle allegations that rebates were not passed through during a recent four-year period.

I have been a defender of PBMs over the years because they do bring value. But more and more, evidence is coming out regarding some unseemly activities, including rebate deals, spread pricing, and related-party transactions that do disadvantage government programs, companies, and the public at large.  These practices need to change.

But I am amazed at how little focus is on the biggest problem in drug pricing – brand drug makers. Yes, we have Medicare drug price negotiations, but only Democrats have challenged the brand drug makers on high prices and bad practices.  The attack on PBMs is bipartisan, but the GOP has refused to challenge brand drug makers.

Additional articles: https://www.fiercehealthcare.com/payers/pbms-defend-its-business-practices-lawmakers-arent-convinced and https://www.modernhealthcare.com/politics-policy/pbm-hearing-cvs-caremark-express-scripts-optum-rx and https://www.modernhealthcare.com/politics-policy/pbm-congressional-hearing-house-oversight-committee-cvs-cigna-unitehealth and https://www.wsj.com/health/pharma/drug-middlemen-push-patients-to-pricier-medicines-house-probe-finds-80c20fda and https://www.statnews.com/pharmalot/2024/07/23/cvs-caremark-pbm-illinois-medicines-rebates-ftc/

(Some articles may require a subscription.)

#drugpricing #pbms #branddrugmakers

https://thehill.com/policy/healthcare/4788713-pbms-prescription-drug-costs-medication

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Probable Democratic Presidential Candidate Harris To Left Of Biden On Healthcare

With endorsements stacking up, Vice President Kamala Harris looks to be the probable presidential nominee of the Democratic Party after President Biden bowed out this weekend. Thus, the media is looking at her positions, including on healthcare. 

In general, Harris appears to be to the left of President Biden on a number of healthcare issues.  Harris will of course take credit for the Medicare drug price negotiations and Exchange premium enhancements. She would want to expand and extend each. She agrees with Biden’s anti-trust platform and was active on the issue as California’s attorney general.

She may be to the left of Biden on abortion rights, universal access, and drug pricing.  Harris once backed Bernie Sanders’ Medicare for All, although she stepped it down later and advocated for a lighter form — a decade-long transition with private plans playing a role. On drug pricing, she wants to benchmark all prices to developed-world countries.  Oddly, Trump agrees with this to a degree.

Additional articles: https://www.modernhealthcare.com/politics-policy/kamala-harris-election-2024-abortion-rights-medicare-health-policy-donald-trump and https://insidehealthpolicy.com/daily-news/harris-enters-presidential-race-health-record-includes-ma-all-option-pharma-lawsuits and https://www.statnews.com/2024/07/21/kamala-harris-on-healthcare-abortion-rights-medicare-for-all-drug-price-caps/ and https://www.medpagetoday.com/washington-watch/electioncoverage/111198 and https://www.beckershospitalreview.com/hospital-management-administration/kamala-harris-healthcare-policy-positions-6-notes.html

(Some articles may require a subscription.)

#election2024 #healthcare #harris #aca #obamacare #drugpricing #medicareforall

https://thehill.com/policy/healthcare/4786867-vice-president-kamala-harris-health-policy

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Widespread Healthcare IT Outages Due To Security Update Error

A widespread global IT outage impacted hospitals and providers worldwide. Electronic health record software was affected in a big way. Procedures and services had to be cancelled. Some states’ 911 call centers were impacted as well. Financial institutions, airlines, and more were all impacted.

The outage was the result of a faulty routine software security update by cybersecurity firm CrowdStrike meant for Microsoft computers and systems running Windows. A fix was deployed.

Separately, an article discusses 911 outages generally in states as a result of a patchwork and antiquated system nationally. It is one example of our under-reimbursement in public health compared with other developed world nations.

Additional articles: https://www.healthcareitnews.com/news/worldwide-it-disruption-disrupts-healthcare-delivery and https://www.modernhealthcare.com/cybersecruity/crowdstrike-outage-ehr-hospitals-epic-mychart and https://www.healthcaredive.com/news/crowdstrike-outage-hits-us-hospitals/721887/ and https://www.medpagetoday.com/special-reports/features/111179 and https://www.modernhealthcare.com/providers/911-outages-massachusetts-emergency-response-system-flaws-mass-general-brigham

(Some articles may require a subscription.)

#hospitals #providers #healthcare

https://www.fiercehealthcare.com/health-tech/global-it-outage-takes-down-health-system-ehrs-forces-hospitals-cancel-non-emergency

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Sinister Optum Layoffs And Closures Continue

UnitedHealth Group’s Optum services subsidiary continues its shedding of jobs. The layoffs have occurred quietly in many areas of the sprawling and amazingly profitable enterprise post the ChangeHealthcare pandemic. In conversations I have had with health plan executives, the layoffs seem to be impacting numerous areas, putting health plans and providers in tough situations. All systems and services are not up yet post the cyberattack and United seems to be abandoning without notice key health plan and provider functions without any reasonable notice or guidance to clients. This is meant to shed questionably profitable areas and assets in favor of the bottom line.

The fact that United is leaving major pieces of the healthcare system at risk is a travesty and should be investigated by the executive and legislative branches. Perhaps the class-action suits against United need to be expanded to cover these unseemly practices we are seeing.

I admire what United built over the years, but I think it got too big. United scaled its empire through acquisition and is now cavalierly exiting areas and blaming it on the cyberattack. As large as it is and as negligent as it was in the cyberattack, it has a moral duty to protect the healthcare system.

#unitedhealthcare #optum #changehealthcare #cyberattacks

https://www.fiercehealthcare.com/payers/optum-lays-more-employees-landmark-optuminsight

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Elevance Beats The Street For Q2

Elevance Health beat The Street on both profit and revenue in Q2 2024. The insurer posted $2.3 billion in profit and $43.9 billion in revenue. It signaled it is seeing 5% enrollment declines in Medicaid due to redetermination. That should end later this year. Utilization could increase due to increased acuity in Medicaid. Carelon, its service entity, increased its financial position dramatically. With its win in a lawsuit on Star ratings, Elevance expects 56% of its Medicare Advantage (MA) members to be in 4 Star or greater plans. A huge boost to its MA program.

Additional articles: https://www.fiercehealthcare.com/payers/elevance-health-beats-street-q2-it-posts-23b-profit and https://www.healthcaredive.com/news/elevance-second-quarter-2024-medicaid-medicare-advantage/721551/ and https://www.beckerspayer.com/payer/medicaid-utilization-rising-elevance-health-warns.html and https://www.beckerspayer.com/payer/elevance-health-posts-2-3b-profit-in-q2.html

(Some articles may require a subscription.)

#elevancehealth #medicaid #medicareadvantage

https://www.modernhealthcare.com/insurance/elevance-health-profits-medicaid-medical-costs

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