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Find our analysis on legislation, regulations, MedPAC meetings, and more. 

MedPAC Starts as They Mean to Continue, Focusing on Sustainability and Rural Health

It’s the beginning of the season!  Nope, not election or back-to-school season – it’s MedPAC season!  The Medicare Payment Advisory Commission opened up their annual cycle last week discussing the sustainability of the Medicare program and issues in rural health care.  And we are here for all of it!  

MedPAC Has a Job to Do 

Congress created the Medicare Payment Advisory Commission (MedPAC) to recommend Medicare payment updates and strategies to improve the Medicare program. MedPAC is mandated in their charter to submit recommendations on annual payment updates for several fee-for-service payment sectors within Medicare. The other half of the MedPAC charter focuses on improvements and innovations for the Medicare program.   

MedPAC Weighs in on Medicare’s Future 

So, what did MedPAC say in their September 5, 2024 meeting about the future financial sustainability of the Medicare program?  Staff reported that national healthcare spending is now at $4.5 trillion (2022) or 17.3% of GDP and said those levels will increase to 19.7% in 2032.  Staff also pointed out that Medicare’s HI Trust Fund will become insolvent in 2035.  While discussing factors increasing spending like demographics (more older Americans) and inflation, the Commission purposely called out the cost of GLP-1 drugs and said that those drugs alone will increase Medicare Part D spending by $36 billion over the next 10 years.  The Commission rounded out the meeting discussing beneficiary enrollment/financial obligations, beneficiary care disparities, and clinical workforce shortages in the U.S.  

Rural Beneficiary Cost-Sharing is a Major Problem 

Shifting from the financial side, MedPAC switched to one of their main focuses for this year’s agenda – how to ensure the viability of rural health care in America.  The most animated discussion of the day revolved around cost-sharing obligations for rural Medicare beneficiaries receiving care in Critical Access Hospitals (CAHs).  Staff analysis showed that rural Medicare beneficiaries receiving care in CAHs pay significantly more than beneficiaries in Prospective Payment System (PPS) hospitals due to a byproduct of how CAHs are paid.  One analysis even showed that half of CAHs’ outpatient payments come from beneficiary copayments.   

The debate among Commissioners was not about whether this is a problem – all agreed it was – but whether to address the situation with a quick fix or to fix the entire CAH payment system.  The majority of Commissioners seemed to settle around the idea of changing beneficiary cost sharing on services to 20% of FFS payment rates, while a faction wanted to not only change cost-sharing but also the entire payment system for CAHs.  There was also discussion of placing a cap on outpatient coinsurance for rural beneficiaries to limit out-of-pocket costs.  This issue will be discussed again publicly in the January 2025 Commission meeting. 

Rural Quality Reporting is Harder to Understand 

The final session revolved around rural quality reporting – and if there were metrics available from rural providers.  Staff outlined all available metrics but did note that some rural providers are not required to participate in Medicare quality reporting programs.  Staff and Commissioners also pointed out the difficulty of Medicare Advantage plan reporting – which is done at the contract level – making it hard to tell what is going on within specific health care markets.  Many Commissioners also discussed the difficulty of measuring quality if providers only have small amounts of patients/data (sample size issues).  The Chairman said this would be a chapter in an upcoming report, but there were no recommendations or further work outlined on the issue. 

What’s Next 

So, next steps?  After the payment adequacy discussions in October/November/December, we expect these topics and discussions on Medicare Advantage to resurface in January.  And we will be in the virtual front row with popcorn! 

The Medicare and SS Trustees Reports – Where Do Things Stand?

The 2024 Reports from the Medicare Trustees and the Social Security Trustees are here.  Let’s dig in to learn where things stand on the perennial question of insolvency and their recommendations. 

The 2024 Medicare Trustees Report showed a positive trend for the Hospital trust fund (Part A), with 5 more years of solvency added.  This moves out the point at which all benefits could be paid at current levels from 2031 to 2036. 

The improvement was due to lower than expected Medicare trust fund expenditures for 2023 (especially for inpatient hospital and home health services), higher payroll tax income, and “a policy change correcting for the way medical education expenses are accounted for in Medicare Advantage rates starting in 2024.”  

In other words, they changed the way the assumptions were calculated.   

The trustees noted 3 factors related to the pandemic: 

  1. Beneficiaries who died from COVID-19 were the sickest with more comorbidities.  Now, the remaining Medicare population is “healthier” as a percentage which leads to lower overall projected spending.  
  1. The expiration of the waiver requiring a 3-day inpatient stay to receive SNF services. Trustees assume that the 3-day inpatient stay requirement will now remain in place, which will increase inpatient spending by 1.9 percentage points and decrease SNF spending growth by 7.5 percentage points in 2024.      
  1. Lower than normal home health spending.  Due to staffing shortages in 2023, home health expenditures were still lower than expected.  But Trustees believe that demand will increase in 2024, and are projecting an increase in the home health spending growth factor by 2.9 percentage points for the next 3 years (2024-2026).   

By contrast, the Social Security Trustees noted a neutral trend from last year.  For Social Security, insolvency is coming in 9 years (CY 2033), which is the same projection as last year.  Funding was projected to decrease due to declining fertility rates but was projected to increase due to increased labor productivity.  So, the two factors equalized the other out.   

Medicare and Social Security Trustees said that Congress and the White House need to act now to be able to create solutions that can be more flexible and gradual.    If the can continues to be kicked down the road, cuts will have to be harsher and more immediate.  Trustees also recommended that Congress and the White House work together to come up with solutions.   

So, is this the year that Congress and the administration address Medicare and Social Security insolvency?  It looks unlikely.  When Speaker Johnson (R-LA) took leadership in January, he announced he would create a bipartisan fiscal commission to address the national debt and necessity of spending cuts.  But news agencies have already reported the Commission is DOA.  Sponsors of a bill to create such a commission in both the House and Senate have said that they have no support to move the bills forward.  A commission faces bipartisan disapproval, with Democrats concerned a commission would cut benefits like Social Security and Medicare and Republicans concerned a commission would be a vehicle for tax increases.    

So, the deadline towards insolvency once again looms, without a path to address it…. 
 

Navigating Healthcare Transparency: Administration’s Push for Medicare Advantage Clarity

Medicare beneficiaries are often uninformed on prices, supplemental benefits, and the use of prior authorization in their Medicare Advantage (MA) plans.  In a landscape where healthcare decisions can feel opaque, transparency could empower patients in navigating the Medicare Advantage program. New initiatives and regulations by HHS and CMS are working to enhance transparency within Medicare Advantage, creating more informed decision-making and ensuring equitable access.

The Administration’s goal is to provide tools so beneficiaries can make informed choices about their healthcare coverage. By bolstering transparency within the Medicare Advantage program, the Administration aims to address longstanding challenges and equip beneficiaries with the information needed to select plans that align with their healthcare needs and preferences.

At the core of this initiative lies a multifaceted approach designed to enhance transparency across various dimensions of the Medicare Advantage program. Key components of the Administration’s efforts include:

Enhanced Access to Plan Information

The initiative seeks to enable beneficiaries to compare coverage options with greater ease and clarity. By centralizing plan data and making it readily accessible to beneficiaries, the Administration aims to facilitate informed decision-making and empower individuals to select plans that best meet their healthcare needs.

Improved Cost Transparency

By providing beneficiaries with clear and comprehensive information regarding plan costs, including premiums, deductibles, and copayments, the initiative aims to empower individuals to assess the financial implications of their healthcare choices and make informed decisions aligned with their budgetary constraints.

Increased Quality Reporting

Quality of care is a fundamental consideration for Medicare Advantage beneficiaries seeking to maximize the value of their healthcare coverage. By changing the way plans are rated and creating more transparency around key quality metrics, such as clinical outcomes and patient satisfaction ratings, the initiative aims to empower beneficiaries to make informed assessments of plan performance and quality of care delivery.

Accessible Tools and Resources

The Administration’s initiative prioritizes the development of accessible online tools and resources designed to support informed decision-making. From online comparison tools to personalized assistance through the Medicare Plan Finder, these resources are intended to empower beneficiaries with the information and support necessary to navigate the complexities of the Medicare Advantage program effectively.

Conclusion

The Administration’s push for increased transparency within the Medicare Advantage should foster transparency across various dimensions of the program.  CMS is laying the groundwork for a more equitable, accessible, and patient-centered healthcare system that prioritizes the needs and preferences of Medicare Advantage beneficiaries. Major health plans and coalitions are objecting to many aspects of these proposals, so we will need to continue watching to see which of these proposals actually become finalized.

If you would like to connect with Chamber Hill Strategies, please do not hesitate to contact us.

Navigating Healthcare Transparency: Administration's Push for Medicare Advantage Clarity

Not Just Another Election Year Blog Series: The ACA and the 2024 Election

Not Just Another Election Year Blog Series: The ACA and the 2024 Election

This blog post kicks off a series on health care policy and the 2024 election. Unless you are living under a rock, or in a state of denial, you probably realize there will be an election in 2024.  When many people think of election season, they think about endless campaign ads, an increase in contentious social media posts, and debates that seem more like cage matches than thoughtful discourse. This blog series will cut through the noise of partisan bickering and give you real insights into how health care policy is shaping, and being shaped by, this year’s election.

This blog series starts on the eve of the Iowa Caucuses and the same week the open enrollment period for the Affordable Care Act (ACA) ends for most Americans. This blog post focuses on the ACA and the 2024 election. Specifically, this blog post looks at how the law is being talked about, or not talked about, on the campaign trail and what this all means for the status of the law now and in the future.

Repeal Talks Persist

Even though the ACA became law almost 15 years ago, efforts to repeal the law persist. Republicans initially enjoyed success in campaigning against the law but failed to repeal and replace it once they had control of Congress and the White House. Although we saw the repeal and replace conversation pop up a few times in the last year, it never really broken through as a major talking point among the Republicans who want to move into the White House in 2024.

If Only Because of Trump

Recently the ACA and the 2024 election intersected because of comments made by former President Trump. In November 2023, the former president put the debate over the law back in the headlines by saying he would get rid of the ACA and replace it with “much better health care” if he were to be re-elected in 2024. But restarting the repeal and replace efforts is not as popular as it once was among congressional Republicans. Senate Republican Whip John Thune (R-SD) said, “I’m for lowering costs and making our health care system more efficient, but I’m not sure, speaking in response to Trump’s comments, I’d want to know what the proposal is.” Texas Republican Senator John Cornyn stated, “whether we can build a political consensus for something else or not remains to be seen.” Senator Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, also expressed a skeptical view on the prospects of repeal saying, “it’s a narrowly divided Congress. It’s unlikely to happen.” We expect the former President to continue speaking out against the law unless he starts to see negative impacts on his poll numbers.

Biden Bets Big

In sharp contrast to calls to repeal and replace the ACA, President Biden is touting his record of protecting and expanding it. The Biden administration eagerly points to the fact that more than 20 million individuals are enrolled in a plan ahead of the January 16 deadline for open enrollment. Additionally, the Biden campaign argues that the ACA would be threatened if former President Trump were to win the election in 2024.

It is not surprising that President Biden talks so much about the ACA given the policies his administration has pursued to help people sign up for coverage and to expand eligibility under the law. Almost immediately upon taking office, President Biden signed an executive order allowing the Secretary of Health and Human Services (HHS) to create a special enrollment period so people would have more time to sign up for coverage because of the COVID-19 pandemic. The order also directed federal agencies to review existing regulations and rules to ensure alignment with administration goals to protect and expand the law. The order also repealed two executive orders from the Trump administration which the Biden administration argued undermined the law. President Biden has also tried to use executive action to end what has been referred to as the ACA’s “Family Glitch.” This refers to the fact that the ACA measures eligibility for premium subsidies on an individual basis and not based on the affordability of plans for family members. On the legislative front, President Biden saw the Inflation Reduction Act (IRA) pass Congress and he signed it into law in August of 2022. This legislation extended subsidies, created under the American Rescue Plan Act, to help individuals pay for ACA coverage through 2025. President Biden is calling for these subsidies to be made permanent. We expect President Biden to continue to look for ways to protect and expand the ACA and for opportunities to promote that work to voters.

Looking Beyond November

How do the efforts of President Biden, former President Trump, and others on the campaign trail impact the ACA’s status. As mentioned above, Congressional Republicans have generally not responded to former President Trump’s call to action on the ACA. But of course, that could change, especially if the former president wins re-election. There are no signs that Democratic members of Congress will back down from their support of the law. So, where does that leave us? As is often the case in Washington, especially during an election year, we will need to wait and see. But you can be sure that how the ACA and the 2024 election interact will be something to watch as we start the new year.

If you would like to connect with Chamber Hill Strategies, please do not hesitate to contact us.

Not Just Another Election Year Blog Series: The ACA and the 2024 Election

How does MedPAC work: A study in physician payments

A recent post came out saying, “How Out Of Touch is MedPAC? – They Are Recommending ONLY a 1.25% Payment Rate Increase for Physicians for 2024” – and it made us think, maybe some folks don’t know how MedPAC works?  We wanted to give a little inside baseball to explain the MedPAC Medicare payment update process.  

Congress created the Medicare Payment Advisory Commission (MedPAC) to recommend Medicare payment updates and strategies to improve the Medicare program. MedPAC is mandated in their charter to submit recommendations on annual payment updates for several fee-for-service payment sectors within Medicare. As MedPAC examines each sector, they must look at that sector only within the context of Medicare; that is to say, they cannot look at nursing home payments from other payers (i.e., private plans, Medicaid, etc.). While MedPAC commissioners examine the financial strength of the overall industry, payment recommendations must also fit within the confines of current law. The Commission is also required to look at the sustainability of the Medicare program – so any payment recommendations must reflect the goal of keeping the Medicare program solvent over time.  

As an example of how this works – let’s look at physician payments.  Reviewing MedPAC’s December 2023 draft physician payment recommendation, MedPAC recommended that physician payments be updated by 50% of the projected increase in the Medicare Economic Index (MEI) in 2025. The MEI is projected to be approximately 2.6% in 2025, so MedPAC’s recommendation is for an update of 1.3% in 2025. Commissioners also recommended a non-budget neutral add-on payment tied to the number of low-income beneficiaries that providers see, as the Commission previously recommended in March 2023. The add-on payment would amount to 15% for primary care physicians and 5% for others.  

Many have commented that the recommended update does not keep up with inflation and that physicians will leave the program based on the lack of updates. So, why didn’t MedPAC recommend a higher update? Because the Commission must work within the confines of data measurements they use as indicators as mandated by Congress – beneficiary access, quality of care, Medicare payment rates, and provider costs. When looking at those indicators for next year’s payment rates, beneficiary access remains at the same levels as past years, quality of care is remaining steady (as much as it could be measured), and private plan payment rates were 136% of fee-for-service rates (which is consistent over time – private plans have been paying more for years).  The only indicator that looked negative within this framework was the Medicare Economic Index (which is a measure of clinicians input costs) – the MEI was projected to be 2.6% in 2025, higher than the pre-COVID rates of 1-2%. So, given those sets of data, MedPAC set as high a rate as they could given those confines. 

It is important to note that the Commission stated its concerns multiple times about the accuracy of the physician fee schedule, the underpricing of primary care services relative to other services, and the impact of these problems on the pipeline of future primary care physicians.  Commissioners in the December 2023 meeting expressed great concern about the small physician payment update, specifically about the flat fee schedule update and lack of an inflation adjustor.  In addition, over the past 10 years, MedPAC voted on numerous recommendations to change the physician payment system.  

Punchline:  Until Congress fixes the physician payment system, the physician payment hole will continue to get deeper.  

So, is MedPAC out of touch? No, not given the constraints under which they work.

How MedPAC works physician payment system

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