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Copyright 1999 Federal News Service, Inc.  
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FEBRUARY 25, 1999, THURSDAY

SECTION: IN THE NEWS

LENGTH: 3364 words

HEADLINE: PREPARED STATEMENT BY
ANN MILLER
MEMBER, AARP BOARD OF DIRECTORS
MEDICARE+CHOICE:
AN EXAMINATION OF THE RISK ADJUSTER
AND OTHER REFORM ISSUES
BEFORE THE HOUSE COMMERCE COMMITTEE
SUBCOMMITTEE ON HEALTH AND ENVIRONMENT

BODY:
Good morning Mr. Chairman and members of the Committee. I am Ann Miller from Morro Bay, California. I am a member of the AARP Board of Directors and come before you as a representative of a group whose large and diverse membership includes millions of current and future Medicare beneficiaries. The Association supported the creation of the Medicare+Choice program as part of the Balanced Budget Agreement in 1997 and we appreciate this opportunity to share the beneficiary perspective on the Medicare+Choice program today.
In 1997, Congress passed the Balanced Budget Act (BBA) that included sweeping changes in the Medicare program. The BBA provided significant program savings to extend Medicare's solvency until 2008 and made several major changes affecting the program's beneficiaries. These changes included the creation of the Medicare+Choice program through which four new health plan options are to become available to beneficiaries. The legislation also addressed when and how beneficiaries can enroll in health plans or Medigap plans, as well as what information beneficiaries receive about those choices. In addition, as the changes mandated by the BBA take effect, virtually every beneficiary will face higher out-of-pocket expenses for health care.
AARP supported the BBA and its creation of Medicare+Choice in order to accomplish the objective of expanding choice in the program while also protecting access, affordability, and quality. We understood that extending the short term solvency of the Medicare program required shared sacrifice from all who participate in the program -providers and beneficiaries alike. We also recognized that Medicare+Choice would lay the foundation for essential longer term reform in the Medicare program.
Impact of BBA
Last fall's unexpected disruption in Medicare HMO availability, however, serves as a wake-up call to all who seek to bring private sector solutions to bear on Medicare's problems. While private sector options have been able to remedy some glaring faults in original Medicare, such as the lack of prescription drug coverage and high out- of-pocket costs, these options are not without their own failings. When private businesses are given the right to manage a beneficiary's care in exchange for the opportunity to earn a profit, several things can happen. On the plus side, the innovations in administrative efficiency and improved health care delivery could benefit the patient with lower costs, better benefits, and better coordinated care. On the minus side, patients may have less control over health care treatments, and no control over whether their chosen health care plan continues to be available from year to year. It is a challenge to separate the positive from the negative, because the same factors create both results. A private business can be more innovative and efficient, but if it is not profitable, the private business will leave (or not enter) the market. The beneficiary who gained the extra benefits for a time, can lose in the long run.
One of the lessons from the initial implementation of Medicare+Choice is that every change to Medicare will have consequences, some predictable, some unanticipated. In fact, the disruption last year, which seemed enormous to those affected, occurred beforeany new Medicare+Choice plans were available. Once new types of private plans are offered, other issues are certain to arise. At this point, two things are clear: first, private market participation in Medicare must be structured to assure beneficiaries have stability in their health insurance coverage; and second, the impact of the BBA is significant and it must be evaluated and understood in order to. plan the even greater changes needed to strengthen Medicare for the future.
Issues Arising from Medicare+Choice Implementation
Beginning late last fall, Medicare beneficiaries began to feel the effects of the program's transformation. Medicare, like other health insurance programs, has always been complex. But, with the advent of new choices, greater private sector involvement, and the accompanying need for information, it has become even more confusing. In order to protect beneficiaries' choices, significant issues, such as payment methodology, risk adjustment and public information and education, will need to be addressed and understood as Medicare+Choice is implemented. We need to address these needs and stabilize the Medicare+Choice program before greater changes take place.
Payment Methodology/Medicare HMO Withdrawals - Last fall, about 400,000 beneficiaries found themselves displaced from their current HMOs when multiple plans terminated their Medicare contracts. The majority of beneficiaries who lost coverage had the option of joining another HMO in their area, but often that meant changing doctors or losing extra benefits that had attracted them to the particular HMO in the first place. Beneficiaries were also entitled to return to original fee-for-service Medicare, but formany that was not a preferred option. Often, these beneficiaries chose managed care bemuse it both relieved them of the financial burden of Medigap insurance payments and offered needed benefits, such as prescription drugs, that are not .covered by Medicare. Under the BBA, beneficiaries who lost their HMO coverage and returned to original Medicare were given certain rights to purchase---or repurchase---a Medigap policy, but they would have to bear the significant expense, generally in excess of $100 a month. Even if they can afford Medigap, not all beneficiaries are protected by the rules. Disabled beneficiaries may not have the right to purchase Medigap and no beneficiary is guaranteed the right to purchase a policy with drug coverage.
The Medicare HMO withdrawals at the end of 1998 affected 7 percent of all Medicare beneficiaries in managed care. While only 1 percent lost their managed care option, all of these beneficiaries were deeply troubled, and the general disruption in the lIMO market could make other beneficiaries reluctant to join a Medicare HMO in the future.
Several reasons have been put forward to explain the lIMO withdrawals from Medicare. The HMO industry contends that the BBA Medicare payment rates and methodology was the chief reason that plans pulled out of certain markets. Whether or not the payments are adequate or fairly calculated is an issue on which AARP does not have enough data to permit us to evaluate the situation. We believe, however, that it is important for all stakeholders - Congress, the Medicare Commission, HCFA, health plans and beneficiaries - to understand what caused last year's rash of HMO withdrawals inorder to determine how to preserve enrollment stability for beneficiaries without undermining the fiscal integrity of the program.
Most stakeholders agree that it is necessary to change deadlines of the Medicare+Choice program to allow the program to function more smoothly and to attempt to avoid a repeat of last year's HMO withdrawal problem. We understand that one proposal is to move the date for plans to file the Adjusted Community Rate (ACR) from May 1 to July 1. This would allow Medicare+Choice plans to base their next years' benefits and premiums on two quarters of experience.

We believe moving the date of the ACR submission to no later than July is a reasonable accommodation to the needs of managed care plans to set their rates based on recent data. AARP continues to believe that plans have the responsibility to identify problems that may affect rates as early as possible. If plans are going to operate responsibly as part of Medicare and deal fairly with beneficiaries, they need to be aggressive in their efforts to set rates appropriately. Changing the timeline for plan submission of ACR data will not be without its impact on beneficiaries, however. It will necessitate adjustments in the information that can be included in the Medicare Handbook, which will have to be carefully worked out in 1999.
Ultimately, the HMO withdrawal situation underscores the importance of original Medicare. Regardless of the market decisions of private health plans, beneficiaries need the security of knowing original Medicare and access to Medigap are there for them.Risk Adjustment - Health plans have also reported that uncertainty surrounding new risk adjustment methodology contributed to their decisions to pull out of certain markets in 1998, and beneficiaries fear a similar response by health plans this year.
In its 1996 Annual Report to Congress, the Physician Payment Review Commission estimated that HMOs received overpayments of about 5 to 6 percent per beneficiary became the populations they enrolled were healthier than the general Medicare population. In recognition of that, the BBA requires HCFA to implement a risk adjustment method to set payment rates based on the "expected relative health status of each enrollee." Risk adjustment is intended to ensure that health plans are neither penalized for enrolling beneficiaries with chronic illnesses nor overcompensated for enrolling healthier beneficiaries. In theory, risk adjustment will make all beneficiaries equally attractive to health plans regardless of their health sums. The BBA requires the system to be in place no later than January 1, 2000.
Last September, HCFA released a notice describing the risk adjustment method it intends to implement. The new system will adjust payments to Medicare+Choice plans for each Medicare beneficiary based on whether the individual's "risk factor" is higher or lower than that of an average beneficiary. Specifically, payments to Medicare+Choice plans will be risk adjusted by incorporating diagnosis information into the payment methodology. The information used would be based on inpatient hospital encounter data to determine payments to Medicare+Choice organizations and, eventually, additionalencounter data (outpatient hospital, physician services, etc.) will be incorporated into the methodology as well.
We understand that the diagnosis-based or hospital data risk adjuster has several advantages, including that it is more readily available, strongly correlated with future expenses, and verifiable through audit. On the other hand, this approach has met with some criticism. Health plans argue that using hospital-only data to determine diagnosis penalizes plans that avoid hospitalizations, potentially creating inappropriate incentives to needlessly hospitalize Medicare beneficiaries. Also, it does not recognize the cost of treating expensive illnesses that do not result in hospitalizations.
While we understand that available methods of risk adjustment are imperfect, adding risk adjustment is still essential to derive a more accurate payment for Medicare+Choice plans. If plans are to compete fairly in the Medicare market, it will be necessary to minimize risk selection through improved risk adjustment. Prior risk adjusters based on demographic factors are widely recognized to be inadequate to protect the Medicare system. AARP understands that HCFA intends to address plato' concerns about financial impact by phasing-in the implementation of the diagnosis-based risk adjuster. AARP believes that it is important that HCFA move forward with the proposed risk adjuster in order to allow a smooth transition to more accurate payment for plans. Refinement of risk adjustment methodology should continue, as Medicare cannot afford to wait for a perfect risk adjuster before implementing at least a partial solution.Medicare+Choice Information and Education - In supporting expansion of Medicare choices, AARP emphasized the importance of solid, consumer-friendly information so that beneficiaries can make informed decisions and select the best health plan choices for them. But, we also recognize that educating beneficiaries so that they understand the complex range of choices facing them is an enormous task. Recent research in five cities conducted for AARP by Dr. Judith Hibbard of the University of Oregon found that many beneficiaries were not able to make knowledgeable choices even between the original Medicare fee-for-service program and Medicare HMOs. As more Medicare options become available, this task will grow still more difficult. In addition, for those beneficiaries who do select any of the new Medicare+Choice options, they will need help in navigating within those options. These challenges must be taken very seriously by HCFA, the Congress, health plans, and groups like AARP.
AARP supported Medicare+Choice in order to give beneficiaries the full benefit of innovations in health care delivery. However, Medicare+Choice can realize its potential only if beneficiaries acquire the knowledge that will enable them to exercise their leverage as informed consumers in the marketplace. We support HCFA's efforts to educate beneficiaries and have joined with the Agency as a parmer in its education campaign. AARP has also undertaken a campaign to educate our members about the Medicare+Choice program and the new options they may have available to them.We believe Congress, too, must do its part by providing sufficient resources to enable HCFA to carry out its challenging tasks. This year, for example, we anticipate that HCFA will need to make changes in its beneficiary education campaign to reflect modifications in program timelines, like the ACR filing date, and to respond to problems encountered last year. Medicare has found its $95 million appropriation- less than $3 per beneficiary -- barely sufficient to carry out the education campaign. Presently the # $ 00 line is operational only in the five pilot test states and the ..full Medicare Handbook has been mailed only to those states. By the end of this year, these services must be available nationwide. Therefore, we strongly support the Administration's proposed increase in Medicare+Choice user fees to $150 million. AARP believes this increase is needed to assure that all aspects of the education campaign can be carried out as Congress envisioned, including the #800 telephone assistance line with live operators as opposed to an automated response system.
Greater Medicare Reforms
As we've noted, Medicare+Choice is still in its infancy and many of the changes enacted by the Balanced Budget Act are still phasing in. The overall effect of these changes on beneficiaries, providers and the Medicare program itself is not yet clear and there is much to be learned. The challenges and the successes of Medicare+Choice will have important implications for broader reform of the Medicare program. The amount of"fine-tuning" now under discussion for Medicare+Choice offers ample reason why larger-scale reforms in Medicare must be made slowly and cautiously.While we have slated the importance of understanding the impact of the changes that have already been made before new changes are layered on top, this does not mean that the status quo in Medicare is acceptable.
Medicare continues to face financial challenges which have to be addressed if the program is to continue to remain strong for current and future beneficiaries. Equally important, Medicare's benefits and delivery system need to be modified to live up to the demands of 21st century medicine. That means that greater reforms are still necessary. The Balanced Budget Act extended Medicare's solvency only until 2008. More must be done to ensure the program's long-term solvency. The program must also be prepared to handle the enormous number of baby boomers who are moving towards retirement.
To this end, AARP believes that there are some fundamental tenets that have guided Medicare and should be the basis of any efforts to reform the program:
- First and foremost, Medicare should continue to be available to all older and disabled Americans despite health status or income. Our nation's commitment to a system in which Americans contribute to the program through payroll taxes during their working years and then are entitled to receive the benefits they have earned is the linchpin of public support for Medicare. Toward that end, AARP views it asunacceptable to create a situation where more Americans would be uninsured by requiring people to wait until they are 67 to receive Medicare.
- Medicare should guarantee a defined set of benefits with payments that keep pace with the cost of the benefit package. Clearly defined benefits, across all plans, provide an anchor on which health plan benefits and the government's contributions are based. On the other hand, a defined contribution, with payments tied to artificial budget targets rather than the cost of a benefit package, creates the potential for both benefits and government payments to diminish over time. The latter would leave beneficiaries more vulnerable to rising health care costs - something over which individual Americans have little control.
 
- Medicare should keep up with advances in medicine and medical technology in much the same way as do private and employer-provided insurance. This means, among other things, modernizing Medicare's defined benefit package to include prescription drug coverage. Prescription drugs keep people healthy, independent, and out of hospitals. Therefore, there should be a guarantee of drug coverage across all Medicare plans. Without such coverage in every Medicare plan, there would be a greater tendency towards adverse selection of beneficiaries.
- Changes in Medicare financing and benefits should protect all beneficiaries - including those with low-incomes - from burdensome out-of-pocket costs. Medicarebeneficiaries should continue to pay their fair share of the cost of coverage, but outof-pocket costs must be kept affordable. The average beneficiary already spends nearly 20 percent of his/her income out-of-pocket on health care. If cost- sharing is too high, Medicare's protection would not be affordable and many beneficiaries could be left with relatively few coverage options.
- Medicare must have a stable source of financing that keeps pace with enrollment and the costs of the program. Ultimately, any financing source will need to be both broadly based and progressive. Additionally, AARP supports using an appropriate portion of the on- budget surplus to insure Medicare's financial health beyond 2008.
- As private insurance participation in Medicare expands, effective administration of the program will be essential. The agency or organization that oversees Medicare must be accountable to Congress and beneficiaries for assuring access, affordability, adequacy of coverage, quality of care, and choice. This will require things like: ensuring that a level playing field exists across all options; modernizing original Medicare fee-for-service so that it remains a viable option for beneficiaries; improving the quality of care delivered to beneficiaries and ensuring that all health plans meet rigorous standards; and continuing to rigorously attack waste, fraud, and abuse in the program.AARP is awaiting the Medicare Commission's report. We have reviewed (he "premium support" proposal put forth by Senator Breaux. This proposal relies heavily on the private insurance market to provide health, insurance coverage to Medicare beneficiaries. As discussed earlier, a step towards greater involvement of private sector health plans in Medicare requires careful assessment and ample time to test the potential impact on beneficiaries. Since many details of this particular proposal are still sketchy it is premature for us to comment on it fully. As more information becomes available, AARP will weigh the proposal - as we will any Medicare reform plan- against the fundamental principles of the Medicare program described above.
In the meant/me, AARP will continue to work with the Commerce Committee, and your colleagues in the House and Senate to improve upon the Medicare+Choice program. We also want to work with you to advance a Medicare reform package. The status quo in Medicare is not acceptable. But together we must ensure that any reform package continues Medicare's promise of quality, affordable health care.
END


LOAD-DATE: February 27, 1999




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