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Insurance

RCPA, as part of a statewide provider and association coalition, has sent a letter to the PA Congressional Delegation regarding the extension of the Enhanced Premium Tax Credit (EPTC). The coalition urges Congress to move quickly to pass legislation extending EPTCs that make marketplace plans more affordable for people who purchase their own health insurance; these are set to expire at the end of 2025.

If EPTCs are not extended, an estimated 270,000 Pennsylvanians are likely to become uninsured. Pennsylvania taxpayers end up paying for their care in one way or another because uninsured people are often forced to delay or avoid care for treatable conditions. They ultimately end up sicker and require more expensive care in hospitals, which leads to higher, uncompensated care costs for both hospitals and providers. In addition, they acquire medical debt and experience health complications that can jeopardize their employment or employability.

Read the letter here. If you have any questions, please contact RCPA COO Jim Sharp.

A new Center for American Progress (CAP) analysis estimates that if H.R. 1 were to become law, more than 1.6 million Medicaid-expansion enrollees receiving SUD treatment would become uninsured. Although these estimates reflect the House-passed bill, the Senate’s more extreme Medicaid cuts could cause even greater coverage losses and disruptions to care.

KFF developed a table that provides a summary comparison of Medicaid provisions, including details on work requirements, in the House and Senate budget reconciliation bills.

The reconciliation legislation still needs to pass the Senate, and the House and Senate will need to reconcile any outstanding differences. President Trump expects to have the reconciliation bill on his desk for signing by July 4.

The bulk of those coverage losses would come from the bill’s proposed burdensome work-reporting requirements on adults enrolled in Medicaid through the Affordable Care Act’s expansion option. Specifically, the bill would require nonpregnant, nondisabled, non-caregiver adults ages 19 to 64 to document at least 80 hours of work per month or other qualifying activities (such as job training or volunteering) in order to maintain their Medicaid coverage. Individuals unable to meet the requirement would risk losing coverage. The Senate Finance Committee text goes even further, eliminating the exemption and requiring compliance from parents with children older than age 14.

Though the bill includes an exemption for individuals with SUD from work-reporting requirements, it remains unclear how states would implement or enforce that exemption.

CAP estimates that the states with the largest coverage losses among Medicaid enrollees being treated for SUD include California (nearly 170,000), New York (nearly 166,500), Ohio (134,500), and Pennsylvania (nearly 118,000). These coverage losses reflect the size of each state’s Medicaid expansion population as well as each state’s rate of SUD treatment take-up among people with Medicaid.

Medicaid is the largest payer of behavioral health services in the United States, including for SUD treatment. According to the latest available data, Medicaid covered nearly 60 percent of all national spending on SUD treatment in 2019 — accounting for $17 billion out of the $30 billion spent across all payers.

ACA improved SUD treatment access by making SUD services one of ten essential health benefits that nearly all insurers are required to cover. The ACA also allowed states to expand Medicaid eligibility to adults with incomes up to 138 percent of the federal-poverty level, providing millions of previously uninsured low-income adults with access to life-saving SUD treatment.

The Republican-controlled U.S. House adopted a federal budget resolution last week that instructs the House Energy and Commerce Committee, which has jurisdiction over Medicaid, to identify at least $800 billion in mandatory spending cuts during the next 10 years. The resolution is now in the GOP-controlled U.S. Senate.

Medicaid, which is jointly funded by states and the federal government through a federal matching program with no cap, is seen as a prime target for cuts, as it is one of the largest federal programs at a cost of more than $600 billion a year. Approximately 70 million people in the United States receive Medicaid benefits, with about 3 million — including 1.2 million children — of those in Pennsylvania. While officially the federal government did not name Medicaid as the target, there are virtually no other areas to turn to in order to generate such spending cuts.

Proposals being considered in Congress to cut Medicaid are estimated to cost Pennsylvania as much as $2 billion a year. These cuts will inevitably result in:

  • Fewer insured Pennsylvanians;
  • Fewer covered services for those who remain insured;
  • Lower reimbursement rates paid to providers;
  • Increases in uncompensated care; and
  • Higher healthcare costs for those who are insured.

In addition to broad, negative consequences, each segment of the human services sector will be affected.

Behavioral Health

Medicaid is the largest payer of behavioral healthcare services in the United States, where nearly 40 percent of non-elderly adult Medicaid beneficiaries have a mental health or substance use disorder. Additionally, Medicaid is an essential revenue source for behavioral healthcare organizations. With the potential of fewer covered individuals and lower reimbursement rates, access will be squeezed, with existing providers less incentivized to accept Medicaid patients.

These potential cuts come on the heels of a compromised post-public health emergency unwinding of Medicaid, in which Pennsylvania’s actuarial analysis for the behavioral health capitation was severely underestimated. The eventual Medicaid rolls included more individuals with acute and chronic conditions, resulting in higher levels of care and services. Despite mid-year adjustments to the HealthChoices’s primary contractors, Pennsylvania will start the new fiscal year with the need to increase its BH Medicaid capitation by nearly $640 million.

Intellectual and Developmental Disabilities

Medicaid is the primary funding source for IDD services. If the proposed multi-billion dollar funding cuts occur, Pennsylvania’s intellectual disability system will face serious consequences, including service reductions, longer waitlists, and limited access to essential care. Providers already under strain may have to discharge individuals from community-based services, potentially returning them to institutional settings and undoing decades of progress towards independence and inclusion.

Pediatric Rehabilitation

Medicaid is a key funding source for healthcare and rehabilitation services for infants, children, and adolescents living with disabilities and medical complexity. Even for families with a private primary insurance, Medicaid as a secondary insurance fills in the gaps in covered care. Children with disabilities, regardless of household income, are Medicaid eligible to offset the high costs of care. Medicaid cuts will negatively impact the most vulnerable in our state: children with disabilities and special health needs.

Early Intervention

Medicaid is a supplemental funding source for Early Intervention services in Pennsylvania. All Pennsylvanian families currently enjoy access to these crucial home- and community-based services with no cost-share. Cuts in funding to this program may cause tighter eligibility requirements or cost-shares for families, ultimately decreasing access to essential services.


How the Cuts Might Be Done

Work Requirements

At this point, work requirements appear to be one of the most likely paths to Medicaid cuts.

According to the Pennsylvania Health Access Network (PHAN), approximately 1 million adults in Pennsylvania would be subject to the work requirement.

Medicaid work requirements would require certain Medicaid enrollees to work, look for work, or conduct another qualifying activity (e.g., education, caretaking) as a condition of receiving health insurance. As part of such a requirement, all working age Medicaid enrollees may be required on a monthly basis to report their work or verify their eligibility for an exemption because they are in school or a job training program, caring for others, or disabled/in treatment. Failure to do so would result in them losing Medicaid coverage.

On the surface, increasing support for work requirements is understandable. Able-bodied citizens on Medicaid who can work, should work. What is not being discussed is the fact that most of these individuals are already working but at an income that still qualifies them for Medicaid. Further, studies from states that have attempted to implement a Medicaid work requirement show that the cost to the state to implement and administer such a requirement is in the tens of millions of dollars.

If work requirements become a reality, advocates must lobby for waivers for special populations.

Federal Medical Assistance Percentage (FMAP)

At this point, according to Speaker of the U.S. House Mike Johnson, FMAP (as well as per-capita caps, see below) are not a consideration for reducing Medicaid spending.

Each state’s FMAP determines its federal share of Medicaid funding. FMAP is a formula that uses the state’s most recent three-year average per capita income data to provide higher matching rates to states with lower per capita incomes relative to the national average. FMAPs have a statutory minimum of 50 percent and a maximum of 83 percent.

In Pennsylvania, 56 percent of Medicaid costs are paid with federal dollars, leaving Pennsylvania to cover the balance.

Under the Affordable Care Act’s Medicaid Expansion, the FMAP for what became the newly eligible population — mostly low wage workers who do not have coverage through an employer, disabled workers, caregivers to children or elderly family members, and students — is fixed at 90 percent federal funding, with the commonwealth paying for the balance.

Per Capita Caps

A per capita cap funding arrangement sets an upper limit on federal payments per Medicaid enrollee in each eligibility group. In an aggregated cap (also called a capped allotment) approach, states receive federal matching funds up to a determined maximum. If the cap is exceeded, the state bears 100 percent of that cost with no federal match.


Resources

There are many resources continually being developed and distributed. These include ways to take immediate action with Congress. The following are some of the most relevant to our membership.


Next Steps

RCPA will continue to closely monitor the issue. As Congress’s next steps become clearer, we will work with our partners, including you, to develop and execute strategies to stop Medicaid cuts or minimize the negative effects.

Contact your respective RCPA Policy Director with questions.

In an effort to gain a better understanding of providers’ ongoing needs and challenges in addressing third party liability (TPL) claims, RCPA is requesting that our members complete the following TPL Survey. This survey was designed to capture critical barriers so as to develop strategic pathways to ensuring access and equity.

In January 2024, Governor Shapiro announced that commercial insurers would be required to meet their obligations under Pennsylvania law to provide coverage for autism benefits by categorizing autism services as a mental health benefit. With this action, all autism services will be treated as mental health services, leading to greater mental health parity for those with autism spectrum disorders. The goal of the Shapiro Administration’s legislation is to improve much-needed access to services for individuals diagnosed with autism, a challenge that the Commonwealth has faced for decades.

As providers of mental health, autism services, and substance abuse disorders, our members treat a vast array of individuals who are insured by either commercial insurance, Medicaid insurance, or both. For those who have just Medicaid, billing is simple: providers bill the Medicaid payor, and they pay the claim. The same is true for those who have just commercial insurance if the provider is in network with the commercial insurance carrier.

Complications occur when an individual has both commercial insurance and Medicaid. Coordination of Benefits (COB) requires that the commercial insurance is billed first, and then Medicaid pays what is not covered. Services like the delivery of Applied Behavior Analysis (ABA) or Intensive Behavioral Health Services (IBHS) are two good examples of services that can fall into this category.

With this survey, we hope to gather information that will assist RCPA and members in addressing the barriers in insurance coverage for children, families, and individuals in Pennsylvania. We thank you for taking the time to complete the survey so that we can continue to seek solutions to access services in our communities.

If you have any questions, please contact RCPA Policy Associate Emma Sharp.

The Pennsylvania Insurance Department (PID) and the Pennsylvania Department of Human Services (DHS) have put a survey together to try to gain an understanding of the insurance market for both foster care and childcare providers. Both agencies have heard about difficulties experienced by these providers in finding insurance coverage, coupled with the rising cost of insurance for foster care and childcare. You can also read the letter from Acting DHS Secretary Valerie Arkoosh as well as Acting Commissioner of the PA Insurance Department Michael Humphrey, which outlines the importance of completing the survey. Complete the survey here.

Please share this survey where you feel appropriate, and reach out with any questions or concerns you may have. This survey will close Monday, July 31, 2023. Feel free to contact PID’s Caolinn Martin or DHS’ Jameekia Barnett with questions regarding the survey. If you have any additional questions, please contact RCPA MH Policy Director Jim Sharp.

Pennsylvania Acting Insurance Commissioner Michael Humphreys announced today that the Pennsylvania Insurance Department (PID) has strengthened its review of mental health and substance use disorder coverage in 2024 health plans. Insurers under PID regulation must file their plans with the Department for approval. Now, for 2024 filings, PID is enhancing its compliance review of mental health and substance use disorder parity requirements to prevent potential violations before they have a chance to harm Pennsylvania consumers.

Read the full press release.