intro to health policy basics jamie dhaliwal, md mph emra legislative advisor @denverdhali

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INTRO TO HEALTH POLICY BASICS Jamie Dhaliwal, MD MPH EMRA Legislative Advisor @DenverDhali

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INTRO TO HEALTH POLICY BASICS Jamie Dhaliwal, MD MPH

EMRA Legislative Advisor

@DenverDhali

Goals

• Define legislative and regulatory advocacy

• Understand the components of the SGR fix

• Understand the basics of King vs Burwell

What is advocacy?

The act or process of supporting a cause or proposal

How do we advocate? • Legislative Advocacy

• Convince elected legislators to write, support and vote• Target efforts in context of committee system and rules

• Regulatory Advocacy• Regulations = How a bill gets put into practice• Same opportunities for influence exist

SGR REPEALMedicare and CHIP Reauthorization Act (MACRA)

SGR Basics• Sustainable Growth Rate

• Balanced Budget Act of 1997

• Tied aggregate Medicare spending to GDP growth

• 2002 – Physician reimbursement was threatened with large cuts

• Cost of permanent fix led to 17 short-term fixes

Onward into the Weeds of Billing!• Resource-based Relative Value Scale (RBRVS)

• Current Procedural Terminology (CPT)

• Relative Value Units (RVU)

• Geographic Pricing Cost Index (GPCI or “gypsy”)

• Medicare Correction Factor (CF)

Billing Simplified….kind of

Chart +ICD-9 CPT Code RVUs

x Correction

Factor

Billable Amount

SGR

2015 Medicare Correction Factor- With SGR = $28.22- After repeal = $35.74

Where did MACRA take us?• SGR replaced with +0.5% 2015-2019, 0.0% for 2020-2025

• Replaces PQRS, VBM and EHR MU with MIPS

• CHIP funding extended 2 years (9/30/17)

• Delayed phase-out of DSH payments by 1 year (20172018)

• Premium increase for wealthier Medicare beneficiaries

• Incentive for APMs - 5% increase if 25% of patients by 2019

Merit-based Incentive Payment System (MIPS)

• Replaces:• Physician Quality Reporting System (PQRS)• Value Based Modifier (VBM)• Electronic Health Record Meaningful Use (EHR MU)

• Goal is to reward value instead of volume• Shift from Medicare fee-for-service to value-based and APMs

• Performance in 4 Categories• (1) Quality, (2) Resource Use, (3) Meaningful Use, (4) Clinical

Practice Improvement Activities• Composite score determines incentive/adjustment

MIPS Incentives‘15 ‘16 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘24 ‘25 ‘26+

Base 0.5% increase per year No base increase 0.25%

PQRS -2% per year

VBM -2% -4% -4% -4%

MIPS +/- 4%

+/- 5%

+/- 7%

+/- 9%

+/- 9%

+/- 9%

+/- 9%

+/- 9%

What are the quality metrics?......to be determined

Opportunities for Advocacy• Legislative

• CHIP Reauthorization in 2017• DSH phase-out (particularly in states without Medicaid expansion)

• Regulatory • MIPS metrics• Role of EM in Alternative Payment Models (eg ACOs, PCMH, etc)• CPT codes, RVU assignment

KING V BURWELL

King v Burwell• Tax benefits (e.g. subsidies) should be granted for such

individuals who purchase their insurance in exchanges “established by the State.” 

King v Burwell• Not a constitutional question. Question of statutory

interpretation.

• Does the language in the bill limit subsidies to states with state-run exchanges?

• SCOTUS must determine intent of writers

• Will not change Medicaid expansion.

Review the ACA and “the sit(uation)” • Individual mandate

• Expanded Medicaid to adults <65 and <133% of FPL ($15,521 in 2015)• 2012: Nat’l Fed Independent Businesses v Sebelius

• Establish insurance exchanges to serve as insurance marketplace to individuals and families• State-based, Federally-supported State-based, State partnership,

Federally-facilitated

• Create premium and cost-sharing subsidies for people at 100%-400% of FPL ($11,343 - $45,372)

Subsidies for Exchange Plans • Premium Tax Credit

• Cost-sharing Tax Credit

Premium Subsidies• Sets cap on premiums as percentage of income• Eligible if 100%-400% of FPL

% of FPL Individual Family of 4 Premium Cap

< 100% < $11,670 $23,850 No Cap

100-133% $11,670 – $15,521 $23,850 – $31,721 2.01%

133-150% $15,521 – $17,505 $31,721 – $35,775 3.02% – 4.02%

150-200% $17,505 – $23,340 $35,775 – $47,700 4.02% – 6.34%

200-250% $23,340 – $29,175 $47,700 – $59,625 6.34% – 8.1%

250-300% $29,175 – $35,010 $59,625 – $71,550 8.1% – 9.56%

300-400% $35,010 – $46,680 $71,550 – $95,400 9.56%

Cost-Sharing Subsidies• Enrollees in Silver plans from 100%-250% of FPL• Maximum out-of-pocket expense $6,600/$13,200

% of FPL Individual/Family of 4 Premium Cap OOP Max Indiv/Fam

< 100% < $11,670< $23,850

No Cap $6,600 / $13,200

100-150% $11,670 – 17,505$23,850 – $35,775

$245 - $703$479 - $1,438

$2,250 / $4,500

150-200% $17,505 – $23,340$35,775 – $47,700

$703 - $1,480$1,438 - $3,024

$2,250 / $4,500

200-250% $23,340 – $29,175$47,700 – $59,625

$1,479 - $2,363$3,024 - $4,829

$5,200 / $10,400

250-400% $29,175 - $46,680 $59,625 - $95,400

$2,363 - $4,462$4,829 – $9,120

$6,600 / $13,200

Medicaid Expansion States

Medicaid Eligibility

= no MCD expansion

Exchanges

14 327 7

= no MCD expansion

Check Out North Carolina

If King is Victorious…

14 327 7

= no MCD expansion

- Loss of affordability - Loss of individual mandate- Insurance death spiral- Two-tiered system

Opportunities for Advocacy• Legislative

• Lobby governors/legislators to establish state-run exchange• Expand Medicaid to 138% of FPL (federal funding)• Alternative short-term fix for EMTALA-related care?

Summary (in word salad format)• SGR is gone• MACRA is here• MIPS is replacing PQRS, VBM and EHR MU

• King v Burwell is important for exchange subsidies• If King wins:

What can you do? • Learn at LAC

• Join the ACEP 911 Network at www.acepadvocacy.org

• Get involved with your state ACEP chapter

• Donate to NEMPAC• Give-a-shift $120 for residents

• Join EMRA Health Policy Committee

• Follow the HPC on twitter at @EMadvocacy #EMRAadvocacy

Thank You!

[email protected]• Twitter: @DenverDhali