Medicaid Managed Care - U.S. Senate Special Committee on Aging

Medicaid Managed Care - U.S. Senate Special Committee on Aging Medicaid Managed Care - U.S. Senate Special Committee on Aging

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67 have it available in a timely fashion so that it can be used. The structural problems relate in part to the incentives that are created. If one uses characteristics of individuals such as diagnosis, there become incentives to upcode the diagnosis, in other words, to overstate the severity of an individual's condition. If one uses prior utilization as a measure of a person's health status, and very frequently, hospitalizations are cited as the service that should be the marker of more expensive individuals you have created an incentive to hospitalize someone. We don't have the practical experience to know how severe these problems are. In addition to the rates we pay health plans, besides risk adjustment, there are issues of how we should adjust the structure of rates to try to improve the incentives that exist in our payments to managed care organizations. We would like to try to reduce the potential for profit or loss associated with providing services to any one individual, and this can be done through two different devices. One is reinsurance, which most States have embraced, where plans are protected from having particularly expensive individuals to serve or from having a whole population that is too expensive to serve. As a plan's costs rise, the State or some other reinsurer will share in the excess costs above some level in order to protect the plan. The other adjustment would be an adjustment known as risk corridors where, in addition to protecting plans against excessive losses, we prohibit plans from having excessive profits. We ask plans whose profits exceed a certain level to share those profits with the ong>Medicaidong> program in order to discourage the incentive for underservice. Let me turn now to the final issue that I want to discuss today, which is the issue of establishing the boundaries for service coverage. There are two aspects of that. First, there is the demarcation between the supportive-type services that I mentioned earlier that are needed to compensate for the loss of functioning associated with chronic condition, and second, there are the issues associated with medical and health care. Long-term care or supportive services distinction and distinction from medical services is important to ensure that there is coverage for all the services that an individual is going to need and that an appropriate payment is made to the managed care plans for the services they are expected to be providing. Now having said that, it is not an easy task to divide those two sets of services up, because there is a major gray area in the boundaries that exist between the two types of services. The second concern about the definition of services or the responsibility for services is something that we uncovered in our review, discussing this with individuals with disabilities, and that is that medical necessity definitions that are often used may not apply well to a population with special needs. Medical necessity definitions are often focused around rehabilitation improvement, recovery, whereas individuals with a special neeA and a chronic condition that is not going to get better may have a very important need for services in order to maintain their existing functioning, to relieve pain that is associated with their condition. Generally, there is not going to be the outcome in terms

68 of recovery or rehabilitation that we often expect from other kinds of conditions. It is very important as people with chronic conditions move into managed care that these other goals become identified and accepted as legitimate goals and that the plans recognize that services are going to be provided to achieve those kinds of goals. It is a difficult issue in part because we don't have good research to establish the relationship between services and these goals, which are somewhat more subtle than outcomes such as rehabilitation and recovery. In conclusion let me say that I think the panel 2 weeks ago did an excellent job in terms of expressing the range of needs of persons with special needs as well as expressing some concerns about the capacity and interest of managed care in serving such individuals. However, management of care is something that such individuals may actually benefit from. We heard very vividly how complex the care is that such individuals require, and having a manager to assist one through the maze of providers seems like an ideal situation. It is a situation that does not always arise in the fee-for-service system, and turning to managed care organizations may provide us an opportunity to increase its prevalence. It seems something that managed care organizations should be capable of undertaking and doing well, but we do need to be very concerned that we pay them appropriately for the tasks and that we hold them accountable for accomplishing the tasks that we have asked them to do. That is all. Thank you very much. I would be happy to answer any questions that you may have later. MS. CHRISTENSEN. Thank you. Barbara, before you get started, if anybody wants to come up, there are some seats up here. Barbara. STATEMENT OF BARBARA MARKHAM SMITH, SENIOR RE- SEARCH STAFF SCIENTIST, CENTER FOR HEALTH POLICY RESEARCH, THE GEORGE WASHINGTON UNIVERSITY, WASH- INGTON, DC Ms. SMITH. I am Barbara Smith, and it is a pleasure to be here today. I want to tell you a little bit about the contract study that we did at the Center for Health Policy Research, because in many ways, the study that we did is the empirical confirmation of the guidelines that Bill just set forth. We took the contracts between the States and the ong>Medicaidong> managed care companies, and we analyzed the content of those contracts according to specific parameters and guidelines, looking, for example, at what the contracts required in terms of network composition or quality assurance programs or how they handled enrollment. I want to emphasize that this study looked at the four corners of the contracts only; what was the infrastructure, what was the relationship, what were the requirements and specifications set forth in the contracts. We did not do field visits. We did not do a qualitative studies on which States had better managed care pro-

67<br />

have it available in a timely fashi<strong>on</strong> so that it can be used. The<br />

structural problems relate in part to the incentives that are created.<br />

If <strong>on</strong>e uses characteristics of individuals such as diagnosis,<br />

there become incentives to upcode the diagnosis, in other words, to<br />

overstate the severity of an individual's c<strong>on</strong>diti<strong>on</strong>. If <strong>on</strong>e uses prior<br />

utilizati<strong>on</strong> as a measure of a pers<strong>on</strong>'s health status, and very frequently,<br />

hospitalizati<strong>on</strong>s are cited as the service that should be the<br />

marker of more expensive individuals you have created an incentive<br />

to hospitalize some<strong>on</strong>e. We d<strong>on</strong>'t have the practical experience<br />

to know how severe these problems are.<br />

In additi<strong>on</strong> to the rates we pay health plans, besides risk adjustment,<br />

there are issues of how we should adjust the structure of<br />

rates to try to improve the incentives that exist in our payments<br />

to managed care organizati<strong>on</strong>s. We would like to try to reduce the<br />

potential for profit or loss associated with providing services to any<br />

<strong>on</strong>e individual, and this can be d<strong>on</strong>e through two different devices.<br />

One is reinsurance, which most States have embraced, where plans<br />

are protected from having particularly expensive individuals to<br />

serve or from having a whole populati<strong>on</strong> that is too expensive to<br />

serve. As a plan's costs rise, the State or some other reinsurer will<br />

share in the excess costs above some level in order to protect the<br />

plan.<br />

The other adjustment would be an adjustment known as risk corridors<br />

where, in additi<strong>on</strong> to protecting plans against excessive<br />

losses, we prohibit plans from having excessive profits. We ask<br />

plans whose profits exceed a certain level to share those profits<br />

with the <str<strong>on</strong>g>Medicaid</str<strong>on</strong>g> program in order to discourage the incentive for<br />

underservice.<br />

Let me turn now to the final issue that I want to discuss today,<br />

which is the issue of establishing the boundaries for service coverage.<br />

There are two aspects of that. First, there is the demarcati<strong>on</strong><br />

between the supportive-type services that I menti<strong>on</strong>ed earlier<br />

that are needed to compensate for the loss of functi<strong>on</strong>ing associated<br />

with chr<strong>on</strong>ic c<strong>on</strong>diti<strong>on</strong>, and sec<strong>on</strong>d, there are the issues associated<br />

with medical and health care.<br />

L<strong>on</strong>g-term care or supportive services distincti<strong>on</strong> and distincti<strong>on</strong><br />

from medical services is important to ensure that there is coverage<br />

for all the services that an individual is going to need and that an<br />

appropriate payment is made to the managed care plans for the<br />

services they are expected to be providing.<br />

Now having said that, it is not an easy task to divide those two<br />

sets of services up, because there is a major gray area in the<br />

boundaries that exist between the two types of services.<br />

The sec<strong>on</strong>d c<strong>on</strong>cern about the definiti<strong>on</strong> of services or the resp<strong>on</strong>sibility<br />

for services is something that we uncovered in our review,<br />

discussing this with individuals with disabilities, and that is that<br />

medical necessity definiti<strong>on</strong>s that are often used may not apply<br />

well to a populati<strong>on</strong> with special needs.<br />

Medical necessity definiti<strong>on</strong>s are often focused around rehabilitati<strong>on</strong><br />

improvement, recovery, whereas individuals with a special<br />

neeA and a chr<strong>on</strong>ic c<strong>on</strong>diti<strong>on</strong> that is not going to get better may<br />

have a very important need for services in order to maintain their<br />

existing functi<strong>on</strong>ing, to relieve pain that is associated with their<br />

c<strong>on</strong>diti<strong>on</strong>. Generally, there is not going to be the outcome in terms

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