Tuesday, September 27, 2011

Health Care Reform Update: Lab Rules; ERRP; Wellpoint Purchase

Our partners at UBA have helped us to bring you this week's latest in the Health Care Reform Updates:

U.S. Plan Would Boost Access to Lab Results

The Obama administration proposed a new rule that would allow patients to have direct access to electronic medical records, including lab results without waiting to hear them from a doctor. At present, patients can only obtain lab results if their physicians provide authorization, or if they reside in a few states which allow such access.

The rules proposed by the Department of Health and Human Services are part of a broader effort to give patients greater access to medical data electronically so they can become more engaged in their care. They would replace a confusing patchwork of state laws and privacy statutes and affect more than 6 billion lab tests a year.

CMS Issues Changes to Claims Submissions for Early Retiree Reinsurance Program
The Centers for Medicare and Medicaid Services (CMS) has announced several changes to improve and streamline the process of submitting claims data for Early Retirement Reinsurance Program (ERRP) reimbursement requests.

On Monday, Oct. 3, 2011, CMS will begin providing specific, claim line-level feedback to sponsors who submit claim lists through a new, fully automated review system.
  • Given this expedited feedback, all claim lists submitted on or after Oct. 3 must be error-free (it must pass the automated review) in order for the plan sponsor to be able to submit a reimbursement request, and then be approved for payment.
  • If a claim list is determined to be invalid as a result of the automated review and cancelled from the system, the sponsor may resubmit a corrected claim list.
  • Similarly, before the automated processing system becomes effective in October 2011, Claim lists and reimbursement requests that have errors will be cancelled from the system, and plan sponsors may resubmit them.
To provide plan sponsors with sufficient time to prepare for this level of review, the deadline for plan sponsors to submit error-free claim lists in support of reimbursements received based on a summary of aggregated claims has been extended from Dec. 31, 2011, to March 30, 2012.

Finally, CMS is granting sponsors additional flexibility in submitting detailed claims information, offering options on some elements while maintaining fiscal integrity. Plan sponsors should refer to the updated claim list layouts provided on http://www.errp.gov/  for guidance on how to supply required data, and to the questions and answers provided below.

Plan sponsors that have questions or additional information should contact the ERRP Center at http://www.errp.gov/contact_us.shtml 

For more information, visit:

http://www.errp.gov/newspages/20110912-cms-claim-list-update.shtml.



WellPoint Buys Insurance Exchange to Compete With State-Run Health Markets
WellPoint and two nonprofit health insurers purchased a 78 percent stake today in Bloom Health, a closely held benefits company in Minneapolis, for an undisclosed sum. Bloom is a two-year-old online private health-insurance exchange that offers a menu of health plans to about 20,000 workers at almost 50 companies.

Private exchanges compete for employers with the U.S. state-run marketplaces set to open in 2014 under President Barack Obama's health care overhaul. Using a private exchange such as Bloom would limit an employer's costs and provide consistency compared with separate state-run exchanges, each with their own regulations.

A study by New York-based consulting firm McKinsey & Co. said that as many as one-third of U.S. companies are considering giving up employer-sponsored health plans. Instead, they would send their workers to state-run exchanges for coverage, paying a federally mandated fine.

Under the Bloom model, companies pay employees a fixed amount to cover a portion of their health care coverage and workers provide the rest based on the plans they select. The Bloom exchange allows employers to maintain their tax deduction on the money paid annually into an employee's health reimbursement account to help cover the cost of insurance. It also allows workers to pick a plan that suits their health care needs and how much they are willing to spend.

The idea of the private health care exchange and its defined contribution model is similar to the trend in retirement benefits in which employers have been abandoning defined benefit pension plans for the relative financial safety of a 401(k) that allows companies to control how much they spend.

WellPoint's partners in the Bloom purchase are Chicago- based Health Care Services Corp., which operates former Blue Cross plans in Texas, Illinois, New Mexico and Oklahoma, and Blue Cross Blue Shield of Michigan.

It now will be able to offer employers choices of health plans in the 19 states where Bloom operates, which represent about 60 percent of the U.S. population. The objective of Bloom's new owners is to be in all 50 states in the next year.

Extend Health Inc. of San Mateo, California is currently the largest private exchange covering 300,000 participants. Its customers include Union Pacific Corp. in Omaha, Nebraska, and U.S. automakers Ford Motor Co., General Motors Co. and Chrysler Group LLC.

Thursday, September 22, 2011

NLRA Posting Released

The new, required "Right to Unionize" posting has been released. Click here to find 2 different layouts that you can print and post for your employees!

http://myemail.constantcontact.com/NLRA-Posting-Released.html?soid=1103281895770&aid=8XeI3nZ_BTM

Monday, September 12, 2011

HCR Update: Rate Review; Pre-existing Conditions; MLR

The latest Health Care Reform Update is brought to you thanks to our partners at UBA:


Health Reform's Rate Review Begins; Final Rule Is Amended
The Center for Consumer Information and Insurance Oversight (CCIIO) has amended a final rule regarding the rate review program required by the Patient Protection and Affordable Care Act (PPACA). On Sept. 1, 2011, state-federal review of health insurance rate increases began under the final rule, and health insurers seeking to increase their rates by 10 percent or more must submit their request to state or federal reviewers to determine whether they are reasonable or not.

The amendment to the May 2011 final rule amends the definitions of individual and small group markets (the effective date of the amendment is Nov. 1, 2011), as follows:

  • The definition of small group market includes coverage that would be regulated as small group market coverage if it were not sold through an association.
  • The definition of individual market also includes coverage that would be regulated as individual market coverage if it were not sold through an association.
  • This approach follows the definition under which an association itself will only be considered to be a group health plan if it complies with and is regulated under ERISA.
Most reviews will be conducted by the individual states, but in six states (Alabama, Arizona, Louisiana, Missouri, Montana and Wyoming) the Department of Health and Human Services (HHS) will conduct all of the reviews and in two more, (Pennsylvania and Virginia) the federal government will review group market rates.

However, it is possible that with the extension of the rate review provisions to association health plans, the federal government's authority in rate review may grow even stronger. HHS now needs to certify which states it feels are competent to review AHP plan rates. Even if a state has been deemed to have a sufficient review process for traditional individual and group products, it still may not pass muster concerning association plans. The AHP provisions of the rate review requirements begin on Nov. 1, so HHS has until then to determine who will be the ultimate authority on their pricing.

Another New GAO Report Highlights the Slow Start of the Federal Pre-existing Condition Insurance Plan
The General Accounting Office (GAO) released a report last week on the Federal Pre-existing Condition Insurance Plan (PCIP) that analyzes the program to-date and breaks down data by state. It includes enrollment information, cost-sharing breakdowns, premium prices and eligibility criteria.

When PPACA was being developed, the Congressional Budget Office estimated that it could serve up to 5 million Americans between 2010 and 2014. As of April 30, 2011, actual enrollment totaled 21,500 (about 15,800 in the state-run PCIPs and about 5,700 in the federally run PCIP). Due to the low enrollment numbers (0.43 percent of the number expected), only about 2 percent of the $5 billion allotted for PCIP has been spent so far.

The full report can be found at: http://www.gao.gov/new.items/d11662.pdf.

Average Medical Loss Ratios Exceeded Health Reform Standards
From 2006 through 2009, traditional medical loss ratios (MLRs) in the small group and large employer markets on average generally exceeded the loss ratio standards established under the Patient Protection and Affordable Care Act (PPACA) standards. According to a recent report from the General Accountability Office, these results came even without the additional components in the PPACA that generally will increase MLRs.

The loss ratio formula specified in PPACA differs from the way MLRs have traditionally been defined.

  • The traditional MLR is generally calculated by dividing an insurer's medical care claims by premiums.
  • In the PPACA MLR formula, the numerator includes insurers expenses for activities that improve health care quality such as patient-centered education and counseling, care coordination, and wellness assessments in addition to claims.
  • Further, the denominator of the PPACA MLR subtracts from insurers premiums all federal taxes and state taxes and licensing or regulatory fees.
Under the PPACA, if minimum loss ratio standards are not maintained, rebates must be provided to health plan participants. From 2006 through 2009, insurers traditional MLR averages generally exceeded the PPACA MLR standards: 80 percent for the small group markets and 85 percent for the large group market (see table below).

Average Traditional MLRs by Market for Insurers, 2006-2009

         Small group market        Large group market

Year      (N)       Mean             (N)      Mean

2006      281      79.5%           316      84.9%

2007      290       81.0              319      87.3

2008      287       80.6              311      87.3

2009      312       83.1               340     88.8

The average traditional MLRs reported for 2006 through 2009 were also relatively stable. Since traditional MLRs were calculated differently than they will be under the PPACA requirements, it is difficult to predict, based on these data, what insurers MLRs would have been using the PPACA formula, or to predict the MLRs that insurers will report in the future, according to the GAO.

The report, "Private Health Insurance: Early Experiences Implementing New Medical Loss Ratio Requirements," is available at: http://www.gao.gov/products/GAO-11-711.