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The Patient Protection and Affordable Care Act. Update and Implications. Joseph Jefferson, MPH Director of Advocacy and Alliance Development. Presentation Preview. Assessing the Landscape ACA Implementation Update ACA Patient Protections and Access ACA and Ryan White
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The Patient Protection and Affordable Care Act Update and Implications Joseph Jefferson, MPH Director of Advocacy and Alliance Development
Presentation Preview • Assessing the Landscape • ACA Implementation Update • ACA Patient Protections and Access • ACA and Ryan White • ACA and Implications for ADAP • Informing the Advocacy Agenda
Workforce Trends • Providers of HIV Care reported increasing numbers of HIV patients with co-occurring conditions like: • Cardiovascular disease (50%) • Renal disease (49%) • Mental health conditions (48%) • Substance abuse (38%) • Hepatitis C (36%) • 58% of HIV Providers are seeing increasing number of HIV patients with sexually transmitted infections
Workforce Trends • Approximately 4,500 HIV providers (MD, DO, NP, PA) in US • Fewer than 1/3 of physicians are in private practice – Movement to larger health systems • The current HIV workforce composed of first generation providers who entered the field over 20 years ago. • 50% of current HIV provider workforce retiring in next 5 to 10 years • Ryan White Part C-funded clinicsreport difficulty recruiting HIV clinicians
Federal HCV Initiatives • Healthy People 2020 (Dec 2010) • Goal: Increase immunization rates and reduce preventable infectious diseases • National Viral Hepatitis Action Plan (May 2011) • Increase % of persons aware of HBV infection from 33% to 66% • Increase % of persons aware of HCV infection from 45% to 66% • Reduce number of new cases of HCV by 25% • Elimination of mother-to-child transmission of HBV • CDC recommendations on HCV testing for baby boomers (August 2012) • Patient Protection and Affordable Care Act (2014) • Focus on prevention
ACA Implementation Update
Implementation Benchmarks January 2013 January 2014 • State Notification Regarding Exchanges • Closing the Medicare Drug Coverage Gap • Medicaid Coverage of Preventive Services • Medicaid Payments for Primary Care • Medicaid Expansion • Individual Insurance Requirement • Health Insurance Exchanges • Guaranteed Availability of Insurance • No Annual Limits on Coverage • Essential Health Benefits
Medicaid Expansion Decision Map Center for American Progress, March 2013
Key ACA Patient Protections • Guaranteed availability of coverage, regardless of health status or pre-existing condition • Prohibitions on discriminatory premium rates, ie. Gender and health status • Prohibitions on pre-existing condition exclusions • Coverage of “specified” preventive health services without cost-sharing • Low-income PWLHs <64 may qualify for Medicaid in states that choose to expand
Key ACA Patient Protections • No lifetime or annual limits on coverage • Health plans cannot drop people from coverage when they get sick • Federal subsidies for people with incomes <400% FPL • Plans have to contract with “community providers”, including Ryan White programs • Plans must include EHB
ACA & Implications for HCV • Increased access to health insurance HCV testing and treatment • 24% of HCV+ individuals without insurance had any knowledge of their chronic liver disease (compared with 50% among insured)1 • Studies have found that of HCV-infected individuals in the US who are candidates for treatment, only half have any form of health insurance coverage and can, therefore, access treatment2 • Coverage of preventive services • USPSTF draft recommendations • “C” grade for HCV screening among baby boomers (birth cohort) • “B” grade for HCV screening among adults at high risk • 1Center for Liver Diseases at Inova Fairfax Hospital; John Cochran, VA Medical Center and Saint Louis University School of Medicine, St. Louis, MO; Michael E. DeBakey, BaylorCollege of Medicine; and Betty and Guy Beatty Center for Integrated Research • 2Brian Edlin, MD; Center for the Study of Hepatitis C, Weill Medical College of Cornell University
PLHWs and Access http://policyinsights.kff.org/2012/september/how-the-aca-changes-pathways-to-insurance-coverage-for-people-with-hiv.aspx
ACA & CHCs/FQHCs • Contains $11B in new, dedicated funding for Health Centers • Over 8,000 Health Centers currently serving 20 million people • Health Centers will provide care and treatment of the vast majority of newly eligible Medicaid patients transferring from ADAP
Ryan White Reauthorization Update • Ryan White will likely not be reauthorized in 2013 – though 2009 reauthorization contains no sunset provision • Programs will likely continue in FY 14 and beyond • Final FY13 CR did not include $35M for ADAPs and $10M for PartC • Sequester likely to result in 5.2% HHS funding reduction • Obama FY14 budget provides $20M increase in RW • $10M ADAP; $10 for Part C clinics • As Health Care Reform is implemented FQHCs are likely to see an influx of HIV patients
Ryan White Reauthorization Update HRSA Justification Notes: “The Ryan White Program is authorized through September 30, 2013. However, the program will continue to operate. The 2009 reauthorization or the Ryan White HIV/AIDS Treatment Extension Act of 2009 (P.L. 111-87, October 30, 2009) does not include an explicit sunset clause. In the absence of a sunset clause, the program will continue to operate without a Congressional reauthorization.”
Ryan White Reauthorization Update HRSA/HAB Considerations: • Identify issues as RW beneficiaries transfer to private insurance • Reallocate RW dollars toward premium support • Create flexible enrollment procedures/timelines • Clarify effective coverage dates • Network v. out-of-Network care • Prior Authorization for both Medicaid and Marketplaces
Federal RW Funding (infl-adj) and HIV Prevalence, 1991-2012 Source: Andrea Weddle, HIV Medicine Association, HIV Medical Provider Experiences: Results of a Survey of Ryan White Part C Programs, Institute of Medicine Committee on HIV Screening and Access to Care, September
ACA & Implications for ADAP
HealthHIV HealthGram on Medicaid Expansion & HIV Incidence by State and Health Ranking
Estimated % of ADAP Clients Newly Eligible for Medicaid in 2014: Top Quartile http://www.hivhealthreform.org/wp-content/uploads/2013/03/50-states-Modeling-Final.pdf
Estimated % of ADAP Clients Newly Eligible for Medicaid in 2014: Bottom Quartile http://www.hivhealthreform.org/wp-content/uploads/2013/03/50-states-Modeling-Final.pdf
Estimated % of ADAP Clients NEWLY Eligible for Private Insurance Subsidies in 2014: Top Quartile http://www.hivhealthreform.org/wp-content/uploads/2013/03/50-states-Modeling-Final.pdf
Estimated % of ADAP Clients Eligible for Private Insurance Subsidies IN 2014: Bottom Quartile http://www.hivhealthreform.org/wp-content/uploads/2013/03/50-states-Modeling-Final.pdf
ACA & Payor Shift Current Payor Current Service Venues Private Practice Medicaid RW Clinics Ryan White / ADAP CHCs
ACA & Payor Shift Current Payor Post-ACA Payor Current Service Venues Private Practice Medicaid Medicaid FQHCs Ryan White / ADAP Marketplaces PCMHs
Informing the Advocacy Agenda
Medicaid HHS/CMS must: • Ensure “Alternative Benefit Plan” is similar to traditional Medicaid • Give states flexibility to design multiple ABPs targeting specific populations • Extend EHB non-discrimination mandates to ABPs • Apply rules governing prescription drug coverage under Medicaid to ABP • Apply non-disc protections to drug benefit • Include preventive services, including routing HIV and HCV screening • Mitigate burdensome cost-sharing proposals by adopting standard established in Medicare Part D low-income subsidy program 2. Advocates must press for Medicaid expansion in states leaning against expansion
Essential Health Benefits 1. CMS must: • Evaluate and standardize “medical necessity” requirements • Develop mechanisms to monitor utilization management techniques, exclusions, and service limits • Ensure meaningful stakeholder engagement involvement at Federal and State level in the run-up to EHB framework reevaluation in 2016 – Goal: Higher and more clearly defined national standards • Issue clarifying guidance to states to ensure reasonable, accessible, and expedited appeals process regarding benefit and service coverage decisions – including access to most appropriate and effective combination ARV therapy 2. Advocates need to work with CMS to overcome opposition by payers
HCV • Press for national data system and/or standards for hepatitis data collection • Press for increasedfunding for hepatitis prevention • ClarifyEHB prescription drug coverage standards (given new HCV treatment opportunities in the pipeline) • Increase provider and consumer education
Washington, DC 20009202.232.6749 www.healthhiv.org joseph@healthhiv.org 202.507.4727