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NEWS FLASH

Rep. Renee Elmers Revives ‘Death Panel’ Lie: IPAB Will Make Coverage Decisions On Case By Case Basis | Via NC Policy Watch: Rep. Renee Ellmers (R-NC) revives the death panel meme, arguing that that the Independent Payment Advisory Board (IPAB) will make coverage decisions for Medicare beneficiaries on a case by case basis. In reality, the IPAB is statutorily prohibited from reducing seniors’ benefits. (Section 3403, page 409, of the Affordable Care Act) Watch it:

REPORT: What States Can Do To Implement Quality Exchanges For Small Businesses

Terry Gardiner and Isabel Perera have put out a new report laying out a road map for states, policymakers, health reform advocates, and small-business leaders in implementing the rarely discussed, but important SHOP Exchanges — the Affordable Care Act’s health insurance marketplace that will provide an array of health insurance plans for small businesses and their employees in 2014. Under the health care law, states may avoid SHOPs altogether and establish a single exchange that serves both individuals and small employers, but are required to enact some kind of insurance marketplace by 2014 or turn it over to the federal government.

Beyond a few broad requirements, however, states have significant flexibility in implementing SHOPs, leading Gardiner and Perara to examine the key decisions states will have to make to ensure that the business exchanges provide high-quality, low-cost health insurance “that compares favorably to insurance offered in the outside market”:

– Type of purchaser: Exchanges that follow the active purchasing model choose high-value plans to meet the specific needs of small employers and their employees, while those that act as passive purchasers try to maximize plan options by allowing any qualified carrier to participate.

– Role of brokers: Brokers are more useful in the small group exchange than the individual exchange, since the needs of small employers are greater than that of individual purchasers. Employers rarely employ insurance experts to weed through the intricacies of comparing different policies.

– Structure: States can merge the individual and small-group pools and form one exchange, separate the two pools and form two exchanges, or separate the two pools and administer them under one exchange. States should consider demographics, projected pool sizes, the spread of risk, administrative expenses, and premium rate impact in all markets before reaching their decisions.

– Choice: Small employers who offer health coverage typically select their employees’ plan. Only larger employers are able to offer multiple insurance plans to their employees. The state will have to decide how the exchange should act.

– Additional services: Exchanges may provide a variety of administrative services that can help small businesses cope with the administrative work of providing health benefits and address their other human resources needs.

The report also offers this table of real world experiences that can guide state decision making:

Read the full report here.

NEWS FLASH

New Study Finds Over 90 Percent Of Doctors Still Accepting New Medicare Patients | A new study just published in the Archives of Internal Medicine using data from a National Center for Health Statistics survey conducted between 2005-2008 finds that over 90 percent of practicing physicians are still accepting new Medicare patients. “There was a small decline in Medicare acceptance, but it wasn’t very dramatic” said Dr. Tara Bishop, one of the study’s co-authors. “Well over 90 percent of doctors, in all kinds of specialties, still take new Medicare patients.”

States Make Drastic Cuts To Medicaid Reimbursment Rates

Phil Galewitz’s worries that states’ efforts to control costs in their Medicaid program by cutting reimbursement rates to providers will lead to serious access problems for beneficiaries and only exacerbate physician shortages:

The payment cuts, which require federal approval, are part of a larger effort by states to reduce the cost of Medicaid, typically the largest- or second-largest expenditure after education. In some states, dental services and other optional benefits have gone under the knife. And many states are requiring enrollees to sign up for private Medicaid managed care plans.

There are two things to say about this. One is that some of these cuts could be prevented if the federal government kicked more money to the states — to make up for the cuts that have gone into effect after the additional FMAP increase in the stimulus ran out — and asked them to pay back the dollars once revenues increase. (That’s the idea Judy Feder and John Halahan recently proposed.) And the other is that it simply follows that if states are faced with a situation where they have decreasing revenue (in part due to the recession) and less federal dollars to spend on Medicaid, they will make provider cuts (as well as many other reductions) that will leave beneficieires without doctors and sink the program. This does not bode well for conservative proposals that seek to transform Medicaid into a block grant system that doesn’t keep up with projected health care costs. We’d see this happen and then multiplied.

NEWS FLASH

Yet Another Federal Court Upholds Affordable Care Act | Last week, Judge David Dowd — a Reagan-appointed federal judge in Ohio — rejected one of the many meritless cases challenging the Affordable Care Act. Judge Dowd’s opinion relies on the recent Sixth Circuit decision rejecting an ACA challenge, explaining that “[t]his Court is bound by the Sixth Circuit’s majority ruling in Thomas More that the minimum coverage provision of the Patient Protection and Affordable Care Act is a valid exercise of legislative power by Congress under the Commerce Clause.”

Would Some Consumers Be Better Off If States Didn’t Establish Their Own Exchanges?

The Hill’s Sam Baker has an interesting piece examing the progress states have made in establishing health insurance exchanges before the 2013/2014 deadline. He concludes that the new market places are not being established fast enough, putting “state legislatures are at risk of handing over the central component of the reform effort to the federal government, which will set up the exchanges for states that fail to do so”:

Governors in 10 states have signed laws that establish an insurance exchange — a new marketplace where individuals and small businesses will be able to buy insurance.

I think that a year ago, many of us who work with states would have predicted that more states would have passed legislation,” said Anne Gauthier, senior program director at the National Academy of State Health Policy. “Although exchanges are about as bipartisan an idea as perhaps exists in the health policy world … politics has played very heavily at the state level.”

Establishing an exchange is a mammoth undertaking, and states don’t have a lot of time to complete the task.

The exchanges must be up and running by 2014. But it’s in 2013 that the Health and Human Services Department will evaluate each state’s progress and determine where it needs to step in with a federally run “fallback.” [...]

But even in many of the conservative states that haven’t passed an exchange bill, Gauthier said, there’s still a strong desire to retain control of the program. And HHS officials have unequivocally said they want the states to create their own systems.

The exchanges, it’s worth reiterating, were actually the brainchild of the Heritage Foundation and are generally built on the conservative construct of competition as means to lowering health care costs. The Republican governors who are resisting implementing the measure are doing so out of political consideration — Obama included the idea in his health care reform law and so it must therefore it must be bad — but will have a hard time explaining why allowing the federal government to run the exchange makes more ideological sense than designing a state-based marketplace.

As for what would make for better policy, that’s unclear. The conservative states are more likely to adopt a model that would not allow the exchange to actively negotiate with insurance plans and eschew strict conflict of interest rules that preventing insurers and other health care sectors from having too much influence over the operations of the new structure. And if the federal government provides a more consumer friendly alternative, then state residents could actually be better off if their governors left the exchanges to HHS.

NEWS FLASH

McCotter: Both Obamacare and Romneycare are ‘inhumane’ | The most recent GOP presidential entrant to the race, Rep. Thaddeus McCotter (MI), joined Gretchen Carlson on Fox and Friends this morning for a lightning round of question-and-answers on the issues. When asked whether he likes “Obamacare” or “Massachusetts care” in terms of a federal versus state approach to reform, McCotter declared, “I don’t like either one” because both plans were based on “comparative effectiveness research,” which he said allows government bureaucrats to determine whether a patient gets treatment. Thus, McCotter argued, they are both “very inhumane.” Watch it:

Has The Ryan Budget Fiasco Dampened The GOP’s Enthusiasm For Repealing And Replacing The Health Law?

Politico’s Jen Haberkorn wonders what’s happened to the GOP’s pledge to stop at nothing to “repeal and replace” the Affordable Care Act and discovers that a combination of fatigue for fighting the uphill battle and the political fall out following Rep. Paul Ryan’s (R-WI) budget have made Republicans somewhat weary of pressing ahead:

Rep. Steve King (R-Iowa), one of the House’s most ardent supporters of repealing or defunding the law at all costs, says it has become more difficult to get the attention of House leaders.

“I can’t get any traction,” he said of his effort to repeal or defund the law. “You can’t create something in this Congress unless leadership approves it.”

He questioned whether Republican leaders are willing to repeal the whole law if it means also repealing some of its popular provisions.

“There’s a little bit of an undercurrent that I pick up among well-positioned people in this Congress who think there could be some redeeming qualities of Obamacare,” pointing to statements Republican leadership have made in support of a handful of the law’s policies, such as banning insurers from denying patients because of preexisting conditions or allowing children to remain on their parents’ insurance through age 26.

This “undercurrent” for supporting portions of the law is also prevalent among the candidates in the 2012 presidential field, who regularly concede that there is some “good” in the measure — after all, many have previously embraced its most controversial provisions. And, now that Americans are enjoying some of the benefits of reform — at least 600,000 young adults are now obtaining coverage through their parents’ plans, seniors are taking advantage of the new preventive care measures and receiving drug discounts — the Republican leadership is heeding a key lesson from the Ryan budget battle: campaigning on taking away coverage and increasing cost is not a winning political strategy.

Morning CheckUp: July 6, 2011

Welcome to Morning CheckUp, ThinkProgress Health’s 7:00 AM round-up of the latest in health policy and politics. Here is what we’re reading, what are you?

CMS administrator Berwick is racing against time: Assuming he leaves at the end of the year — after his recess appointment expires — CMS administrator Don Berwick “will have overseen large portions of the government’s work on crucial scaffolding for the 2010 law overhauling the health-care system — including regulations due out this week for insurance exchanges that states are expected to create by 2014, as well as rules scheduled for later this year year defining the medical services that health plans in exchanges must cover.” [Washington Post]

Kansas abortion licensing regs raise privacy concerns: One regulation says “all records shall be available at the facility for inspection” by the secretary of health and environment or his staff. Abortion-rights advocates said giving such access allows health department officials to review highly personal information. [AP]

‘Death panels’ haunt health care debate: “In January, the Department of Health and Human Services was forced to retreat from a regulation that would reimburse for “advance care” counseling, and Rep. Phil Gingrey (R-Ga.) tarred the Independent Payment Advisory Board with a related accusation.” [Lester Feder]

California’s rate regulation bill faces senate committee vote: “If approved and signed into law, the legislation would allow the state insurance commissioner or the Department of Managed Health Care to reject rate increases deemed excessive.” The Assembly Health Committee barely approved the measure in April on a mostly party-line vote. The full Assembly signed on in June. [AP]

Ohio to add constitutional amendment challenging health reform: Conservative groups plan to submit petitions with more than 530,000 signatures to add a proposed amendment to the Ohio Constitution that would stipulate that no law or rule can compel any person, employer or health-care provider to participate in a health-care system. [Dayton Business Journal]

ACA sees another court victory: The U.S. District Court for the Northern District of Ohio upheld the healthcare law’s individual mandate. [The Hill]

Managed care in the doctor’s office: “The only way hospitals are going to be able to survive on reduced payments is to become much more efficient in what they do,” says Gerry Meklaus, an adviser to hospitals and physician groups for FTI Consulting. For several years, hospitals have been buying up doctor groups because it helped them demand greater prices from insurers. But now, they’re also trying to make their services cheaper and for that, they also “need physicians,” he said. [WSJ]

Advocates call for broader Medicaid access rule: “Provider and children’s advocacy groups are urging CMS to strengthen its proposed rule on ensuring Medicaid beneficiaries’ access to care, with many saying the proposed regulations should apply to Medicaid managed care as well as fee-for-service… The proposed rule unveiled in April requires states to show that Medicaid beneficiary access would be sufficient if they cut provider payments and also outlines ongoing reviews, but the proposed rule only applies to fee-for-service Medicaid.” [Inside Health Policy]

US drops opposition to genetically modified food labeling: The administration has dropped its opposition to a long-considered GM food labeling consensus guidance document, which means that “countries with policies mandating GM food labeling will not face the possibility of legal challenges from the World Trade Organization.” [Inside Health Policy]

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