Www.medicareadvocacy.org Copyright © Center for Medicare Advocacy, Inc. IN THE TRENCHES: MAKING...

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www.medicareadvocacy.org Copyright © Center for Medicare Advocacy, Inc. IN THE TRENCHES: MAKING MEDICARE CHANGES WORK FOR BENEFICIARIES Families USA January 23, 2009 Tatiana Fassieux California Health Advocates Vicki Gottlich Center for Medicare Advocacy.

Transcript of Www.medicareadvocacy.org Copyright © Center for Medicare Advocacy, Inc. IN THE TRENCHES: MAKING...

Page 1: Www.medicareadvocacy.org Copyright © Center for Medicare Advocacy, Inc. IN THE TRENCHES: MAKING MEDICARE CHANGES WORK FOR BENEFICIARIES Families USA January.

www.medicareadvocacy.orgCopyright © Center for Medicare Advocacy, Inc.

IN THE TRENCHES:MAKING MEDICARE CHANGES

WORK FOR BENEFICIARIES

Families USAJanuary 23, 2009

Tatiana FassieuxCalifornia Health Advocates

Vicki GottlichCenter for Medicare Advocacy.

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MEDICARE OVERVIEW

Medicare is the universal health insurance coverage for • people age 65 and over; • people under age 65 who receive SSDI;• People with ESRD

Medicare is divided into four Parts• Part A – hospital, SNF, hospice, home health• Part B – doctors, labs, home health• Part D – prescription drugs• Part C – other delivery mechanisms for Parts A, B, & D

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MEDICARE CHANGES IN 2008

Medicare Improvements for Patients and Providers Act of 2008 (MIPPA)• Primary goal to address payments to doctors

• Included important protections for beneficiaries• Not all are currently in effect

Actions by the Medicare Agency (CMS)• To implement MIPPA

• To address Part A issues

• To address Part D problems

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MEDICARE CHANGES IN 2008

Not all changes are in effect in 2009 Not all changes require advocacy by

beneficiary advocates Plenty of opportunities for advocates

• Influence implementation by a new administration

• Influence activities by states and other entities

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CHANGES TO PART AInformation for Advocates

New Hospice regulations give patients the right to:• Participate in developing their care plan

• Have effective pain management

• Choose their own doctor

• File grievances

• Choose their own treatment

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CHANGES TO PART AInformation for Advocates

Medicare no longer pays hospitals for hospital acquired conditions (HAC) or “never events”• reasonably preventable conditions

Examples include:• Object left in patient during surgery• Blood incompatibility• Catheter-associated urinary tract infection • Pressure ulcers• Surgical site infections following certain procedures• Hospital-acquired injury due to external causes

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CHANGES TO PART BInformation for Advocates

Extension of therapy cap exception process through 12/09 Starting 1/10, phase-down of beneficiary cost-sharing for

mental health services• 2009 – 50%• 2010-2011 – 45%• 2012 – 40%• 2013 - 35%• 2014 – 20%

Starting 1/09, easier for Medicare to cover new preventive benefits

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CHANGES TO MEDIGAP POLICIES

Medigap insurance policies pay some or most of Medicare cost-sharing

Standardized plans developed by NAIC and approved by states• Plans A – L, plus high deductible plans

Starting in June 2010 new standard plans• Will be able to keep current plan

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INCREASED ACCESS TO MEDICARE SAVINGS PROGRAMS

3 Medicare Savings Programs (MSP)• QMB, SLMB, QI – asst. w/Part B premium• QMB – asst. w/Part B cost-sharing

Starting 1/10 MSP will use LIS asset limits• $6000 individual/$9000 couple• indexed

1/10 SSA to transfer information from LIS applications to states to determine MSP eligibility

1/10 no estate recovery for MSP

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CHANGES TO PART CInformation for Advocates

Starting 1/10, type of plan (HMO, PPO, PFFS, MSA) must be included in plan name

Starting 1/11 changes to PFFS plans• Must have provider networks if at least 2

coordinated care network plans in area served by PFFS plan

• Such plans can no longer “deem” providers

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CHANGES TO PART C:SPECIAL NEEDS PLANS

Extended through 2010 by MIPPA Require restriction in MA enrollment to focus on

specified populations:• Dual Eligibles (D-SNPs)• Institutionalized individuals (I-SNPs)• People with chronic and disabling conditions

(C-SNPs)• In 2010 enrollment limited to specified

population

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CHANGES TO PART C:SPECIAL NEEDS PLANS

New Requirements for 2010 for all SNPs• Evidence-based model of care with appropriate

networks of providers and specialists

• Initial assessment and annual reassessment of individual’s physical, psychosocial and functional needs and

• Development of care plan with individual’s participation as feasible

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CHANGES TO PART C:SPECIAL NEEDS PLANS

New Requirement for I-SNPs • If enrolling individuals from the community but

needing an institutional level of care, must use a state assessment tool and must have the assessment performed by an entity other than the plan sponsor

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CHANGES TO PART C:SPECIAL NEEDS PLANS

New Requirements for D-SNPs• Must provide each prospective enrollee with

information about their state Medicaid benefits and cost-sharing protections and which, if any, of those is available under the plan

• Must have contract with State Medicaid agency to provide or arrange for provision of state Medicaid benefits; if plan does not have such a contract, it cannot expand service area

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CHANGES TO PART C: SPECIAL NEEDS PLANS

New Requirements for D-SNPs (con’t)• Prohibits D-SNPs from imposing cost-sharing

on Qualified Medicare Beneficiaries (QMB) that is more than would be required under their State Medicaid plan

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CHANGES TO PART C:SPECIAL NEEDS PLANS

New Requirement for C-SNPs• Enrollees must have "one or more [co-morbid]

and medically complex chronic conditions that are substantially disabling or life threatening, have a high risk of hospitalization or other significant adverse health outcomes, and require specialized delivery systems across domains of care."

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CHANGES TO PART DInformation to Advocates

Few changes affect all beneficiaries Formulary changes

• 2010 – required coverage of certain drugs

• 2013 – plans can cover barbiturates and benzodiazepines

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CHANGES TO PART D – LOW INCOME SUBSIDY

Elimination of late enrollment penalty for LIS-eligible individuals

Changes in how SSA determines LIS-eligibility• Judicial review of denials of eligibility

• As of 1/10, do not count in-kind support and maintenance and value of life insurance

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CHANGES TO PART D –LOW INCOME SUBSIDY

Changes in how CMS determines whether plans are LIS-plans• Did not prevent loss of LIS-plans and need to

reassign beneficiaries for 2009

Best Available Evidence (BAE)• Process for proving LIS co-pay level

• Plan must help beneficiary gather BAE

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CHANGES TO MARKETINGRULES FOR C & D PLANS

No unsolicited marketing contacts• No door-to-door “cold” contacts• No outbound calls, not even to confirm receipt of mailed

information Permissible un-requested outbound calls:

• To Extra Help members being reassigned, subject to prior approval by CMS of call scripts

• To conduct “normal business” of the plan• By express permission of the beneficiary• By the agent or broker who enrolled the beneficiary

No marketing at educational events• No post-event solicitations in lobbies, or parking lots

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CHANGES TO MARKETINGRULES FOR C & D PLANS

Nominal gift limitation - $15 No meals Scope of sales appointments

• Identify in advance line of business to be discussed• Documented by the plan in writing or via recording

phone calls• To market additional lines of business the beneficiary

must request in advance again, with at least a 48 hour cooling off period and a new appointment

• Line of business is PDP, Medicare Advantage or Medigap

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CHANGES TO MARKETINGRULES FOR C & D PLANS

Changes relating to agents/brokers• Training and testing requirements

• Compensation limitations

• Must comply with state appointment rules

• Report termination to states

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USEFUL WEB SITES

www.cms.hhs.gov www.medicare.gov www.cahealthadvocates.org www.hapnetwork.org www.medicareadvocacy.org