Insurers warn of rising premiums after Trump axes Obamacare payments again

https://www.reuters.com/article/us-usa-healthcare-obamacare/insurers-predict-market-disruption-after-trump-suspends-obamacare-risk-payments-idUSKBN1JY0RI

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Health insurers warned that a move by the Trump administration on Saturday to temporarily suspend a program that was set to pay out $10.4 billion to insurers for covering high-risk individuals last year could drive up premium costs and create marketplace uncertainty.

The Affordable Care Act’s (ACA) “risk adjustment” program is intended to incentivize health insurers to cover individuals with pre-existing and chronic conditions by collecting money from insurers with relatively healthy enrollees to offset the costs of other insurers with sicker ones.

President Donald Trump’s administration has used its regulatory powers to undermine the ACA on multiple fronts after the Republican-controlled Congress last year failed to repeal and replace the law propelled by Democratic President Barack Obama. About 20 million Americans have received health insurance coverage through the program known as Obamacare.

America’s Health Insurance Plans (AHIP), a trade group representing insurers offering plans via employers, through government programs and in the individual marketplace, said the CMS suspension would create a “new market disruption” at a “critical time” when insurers are setting premiums for next year.

“It will create more market uncertainty and increase premiums for many health plans – putting a heavier burden on small businesses and consumers, and reducing coverage options. And costs for taxpayers will rise as the federal government spends more on premium subsidies,” AHIP said in a statement.

It could also encourage more insurers to bow out of Obamacare.

“This is occurring right at the time of year that people (insurers) are making decisions about whether to participate in the exchanges and what premiums to charge if they do,” said Eric Hillenbrand, a managing director at consultancy AlixPartners. “This will affect their thinking on both of those decisions.”

The Centers for Medicare and Medicaid Services (CMS), which administers ACA programs, said on Saturday that months-old conflicting court rulings related to the risk adjustment formula prevent them from making payments.

CMS was referring to a February ruling from a federal court in New Mexico that invalidated the risk adjustment formula, and a January ruling from a federal court in Massachusetts that upheld it.

CMS administrator Seema Verma said in a statement the administration was “disappointed” in the February ruling and that CMS has asked the court to reconsider and “hopes for a prompt resolution that allows CMS to prevent more adverse impacts on Americans.”

But supporters of the ACA criticized the CMS announcement as the latest move by the Trump administration to undermine Obamacare.

“We urge the Trump administration to back off of this dangerous and destabilizing plan, and instead begin working on bipartisan solutions to make coverage more affordable,” said Brad Woodhouse, the executive director of Protect Our Care, a progressive group that supports Obamacare.

The administration has made several other moves in recent years to scale back or halt implementation of certain aspects of the ACA.

Late last year, it said it would halt so-called cost-sharing payments, which offset some out-of-pocket healthcare costs for low-income patients.

It has also scaled back the advertising budget for Obamacare healthcare plans during the open-enrollment period by about 90 percent.

“What you are effectively doing is dismantling pieces of [the ACA] without replacing them,” Hillenbrand said. “It moves us back to some extent to the status quo where people with pre-existing conditions found it very difficult to get insurance.”

Memorial Hermann hit with $1M retaliation suit by former employee

https://www.beckershospitalreview.com/legal-regulatory-issues/memorial-hermann-hit-with-1m-retaliatiImage result for employee lawsuit

A former physician peer review coordinator for Houston-based Memorial Hermann Health System has sued the health system for $1 million, claiming she was fired in retaliation after she refused to reveal confidential information.

In the lawsuit, pending in Harris County (Texas) District Court, Gertrude Johnson alleges that beginning in 2018 Memorial Hermann asked her to reveal confidential and protected information related to the health system’s surgeons’ peer review grades. She was allegedly asked to disclose the information during “filter committee” meetings, which are open meetings that are not confidential.

Ms. Johnson told several health system officials she believed disclosing the information to the filter committee would violate Texas and/or federal law. Despite her concerns, the health system allegedly required Ms. Johnson to share the information.

Ms. Johnson alleges she was fired in May 2018 for reporting her concerns about disclosing the confidential information. Although health system officials allegedly told Ms. Johnson her position had been eliminated, she claims Memorial Hermann planned to fill her position again in July 2018. Ms. Johnson alleges Memorial Hermann “created a pre-textual basis for the termination to hide its true intent.”

A Memorial Hermann spokesperson told Becker’s Tuesday morning that the health system had not been served with the lawsuit and had no comment on the pending litigation.

 

Geisinger slashes opioid prescriptions by 50% since 2014, saving $1M per year

https://www.beckershospitalreview.com/opioids/geisinger-slashes-opioid-prescriptions-by-50-since-2014-saving-1m-per-year.html

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Danville, Pa.-based Geisinger Health System has cut opioid prescriptions in half since 2014, saving the health system an average of about $1 million annually, according to The Sentinel.

Here are four things to know:

1. Geisinger told The Sentinel it has managed to slash opioid prescriptions from 60,000 to 31,000 on average per month since 2014, in part by focusing on a pain reducing regimen consisting of physical therapy and changes in patients’ diet and behavior. Exceptions are made for some patients, such as those in oncology, according to the report. Patients who do receive opioid prescriptions receive a seven-day maximum supply.

2. The reduction also stemmed from the health system’s shift to electronic prescribing, which began in August 2017. Geisinger’s analytics and IT teams developed an electronic provider dashboard to identify and track the highest prescribing physicians and discuss the latest research in prescribing practices with them before addressing clinicians systemwide.

“As we put [the data] in front of [clinicians], the typical response we received was, ‘Wow, I didn’t know I was prescribing that much,'” Mike Evans, vice president and chief pharmacy officer for Geisinger, told The Sentinel.

3. Mr. Evans said the health system plans to end paper prescribing of opioids this summer. He also acknowledged the importance of cybersecurity measures to prevent potential hacking.

4. John Kravitz, CIO of Geisinger, told The Sentinel the health system’s efforts to curb opioid prescribing have cost less than $500,000 but have saved the system an estimated $1 million annually.

To access the full report, click here.

 

 

About 30 New Lawsuits Await Supreme Court Input in High-Stakes DSH Payments Case

https://www.healthleadersmedia.com/finance/about-30-new-lawsuits-await-supreme-court-input-high-stakes-dsh-payments-case

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In latest filing, HHS argues there’s a broader principle at play than the potential reimbursements totaling up to $4 billion.

As the U.S. Supreme Court prepares to consider this fall whether to take up a case implicating potentially billions of dollars in Medicare payments, hospitals that provide high rates of uncompensated care are lining up to ask the federal government for their piece of the pie.

The D.C. Circuit Court ruled less than a year ago that Health and Human Services violated the Medicare statute by failing to conduct a notice-and-comment rulemaking process when it implemented a policy affecting disproportionate-share hospital (DSH) reimbursements. Since then, providers have filed about 30 lawsuits in the D.C. District Court raising similar claims, according to a filing submitted Thursday to the Supreme Court on HHS Secretary Alex Azar’s behalf.

Some of the suits include dozens of plaintiffs. Most of them have been stayed pending the Supreme Court’s next move.

“The monetary stakes and hospitals’ legal sophistication will likely lead to future cases raising similar issues being litigated in the District of Columbia, where the decision below constitutes binding precedent,” Solicitor General Noel J. Francisco wrote in the filing, arguing that the Supreme Court should take the case so HHS may argue that the appellate court’s decision should be overruled.


The respondents—who argued the Supreme Court should deny the HHS request and let the Circuit Court decision stand—include just nine hospitals, but their claims for a single year total $48.5 million in additional reimbursement. Considering that about 2,700 hospitals receive DSH payments, the financial stakes surrounding this case are clearly quite high.

Although the appellate court sided with the hospitals’ claim that HHS broke the law by skipping notice-and-comment rulemaking, the latest HHS filing argues that the ruling was faulty and that there’s a broader issue at play.

The respondents both “miss the point and are wrong” about the legal standard, the HHS filing states.

“They miss the point because the logic of the decision below would apply to any context in which the agency gives its contractors interpretive instructions about making initial reimbursement decisions,” the filing states, noting that providers have the option to challenge initial cost-reporting determinations.

In other words, if HHS is required to engage in notice-and-comment rulemaking to calculate DSH reimbursements, then it must be required to do the same in other matters that would make running Medicare and other programs unworkable, HHS argues.

The Supreme Court is set to consider in a conference September 24 whether to take up the case.

 

 

19 emergency departments honored for leadership, quality

https://www.beckershospitalreview.com/rankings-and-ratings/19-emergency-departments-honored-for-leadership-quality.html

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The Emergency Nurses Association recognized 19 emergency departments across the U.S. with its Lantern Award, which honors EDs that demonstrate excellent performance in leadership, practice, education, advocacy and research.

The award is named in honor of Florence Nightingale, referred to as the “Lady of the Lamp” for carrying a lantern as she cared for wounded soldiers in the night during the Crimean War.

“The Lantern Award acts as a visible symbol to patients that the receiving emergency department values excellence and delivers exceptional care,” said ENA President Jeff Solheim, MSN, RN. “It shines a light on that emergency department’s commitment to providing safe practice and safe care.”

Here are the 19 Lantern Award recipients for 2018:

1. AtlantiCare Regional Medical Center — Hammonton (N.J.) Satellite Emergency Department
2. Belton (Mo.) Regional Medical Center Emergency Department — HCA Midwest Health System
3. Bethesda Butler Hospital Emergency Department — TriHealth (Hamilton, Ohio)
4. Bon Secours St. Mary’s Hospital Pediatric Emergency Department (Richmond, Va.)
5. Boston Children’s Hospital Emergency Department
6. Hughes Spalding Hospital Emergency Department — Children’s Healthcare of Atlanta
7. Inova Loudoun Emergency Department (Leesburg, Va.)
8. Inspira Medical Center Elmer (N.J.) Emergency Department
9. Marin General Hospital Emergency Department (Greenbrae, Calif.)
10. Morristown (N.J.) Medical Center Emergency Department — Atlantic Health System
11. Northwestern Medicine Central DuPage Hospital Emergency Department (Winfield, Ill.)
12. Pennsylvania Hospital Emergency Department — Penn Medicine (Philadelphia)
13. Sarasota (Fla.) Memorial Health Care System Emergency Department
14. St. Anthony Hospital Emergency Department (Lakewood, Colo.)
15. Suburban Hospital Emergency Department — Johns Hopkins Medicine (Bethesda, Md.)
16. Swedish Medical Center Emergency Department — HCA-HealthONE (Englewood, Colo.)
17. The Reading Hospital Emergency Department — Tower Health System (West Reading, Pa.)
18. UCLA Medical Center Emergency Department (Los Angeles)
19. UPMC Pinnacle Hanover Hospital Emergency Department (Hanover, Pa.)