EXPANDED ACCESS: HELP FOR THE UNINSURED AND LONG-TERM CARE
When the House and Senate passed the Patients' Bill of Rights
legislation, they coupled it with tax changes designed to increase access
to health insurance for the uninsured, speed up 100-percent deductibility
for health insurance costs of the self-employed, encourage the purchase of
long-term care insurance, expand Medical Savings Accounts, and make other
health-related tax changes. The House also included legislation
designed to help small business owners purchase insurance through
Association Health Plans and HealthMarts - quasi-insurance purchasing
groups which do not need to comply with various State laws and mandates.
The House-passed provisions were estimated to cost about $69 billion
over ten years; the Senate provisions cost about $39 billion. These
issues may be resolved in the pending Conference Committee.
Unfortunately, tax deductions do almost nothing to help the
uninsured. About 43 percent of the uninsured pay no Federal income
taxes, and about another 45 percent who are in the 15-percent Federal
income tax bracket, are helped little by a tax deduction. Many
Democrats are urging that, instead of tax deductions which almost entirely
help those who already have insurance, Congress consider either refundable
tax credits or the President's proposals to spend more on the Children's
Health Insurance Program (CHIP) and Medicaid.
The Congressional Budget Office has estimated that the AHP and
HealthMart provisions in the Republican access title also help very
little. CBO estimates that a little over 300,000 previously
uninsured might become insured through small businesses which would be
able to buy insurance at lower rates under the AHP and HealthMart
proposals. Unfortunately, for 20 million other workers in the
majority of small businesses, insurance rates would be likely to go up.
The AHP/HealthMart proposal would insure fewer previously uninsured
individuals than would the President's proposal to help people age 55 and
over who have no insurance buy into Medicare. The President has
proposed to assist with the early Medicare buy-in through a 25-percent tax
credit or through the assisted purchase of COBRA health continuation
benefits.
Outside the Patients' Bill of Rights Conference, there is increasing
discussion of the use of refundable tax credits to help the uninsured buy
policies. Representatives Armey, Stark, Rogan, and McDermott have
introduced bills. Subcommittee on Health Chairman Thomas also has
suggested he may introduce a major bill in this area.
All these proposals cost $20 to $50 billion a year.
Because most individual health insurance in America is sold at retail, is
medically-underwritten, and increases in cost as one ages, tax credits
without fundamental insurance reform will do little for those who most
need insurance. (For data supporting this statement, see the
Congressional Record of March 8, 2000, pages
E247-E248.) Rep. Stark's bill does allow individuals who benefit
from the credit to select group-rate-priced insurance similar to that
available to Federal workers.
There are other ways to expand coverage. For example, Rep. Stark
and Senator Rockefeller hope to introduce a bill that would enroll every
child born after January 1, 2002, automatically in a Medicare-type program
(MediKids). Under their legislation, if a family has comparable
private insurance, the family can opt out. After 18 years, every
child in America would be insured, regardless of family job status,
etc. By phasing in the benefit year-by-year, the costs of the
program initially would be very low, but would, over time, cover the
expense of ensuring that every child in America is insured.
Long-term care: The President's budget proposes a $3,000 tax
credit for caregivers of dependent children and adults (up from a $1,000
proposal in last year's budget). Republicans have proposed an
additional personal exemption for dependent care. The exemption is
in the Conference on the Patients' Bill of Rights.
In the summer of 1999, Reps. Stark and Markey introduced H.R.
2691, a long-term care bill, to try to highlight this growing area of
need. The bill would establish a much wider range of Medicare home
health, adult day care, hospice, and other health-related services.
No action is scheduled on this proposal.
PATIENTS' BILL OF RIGHTS/MANAGED CARE REFORM
Last October, the House passed H.R.
2723, a strong, bipartisan managed care reform bill known as
Norwood/Dingell or the Bipartisan Consensus Managed Care Improvement Act.
That bill passed by the stunning bipartisan
margin of 275-151 - with 68 Republicans joining with Democrats to
ensure its passage.
The Senate also passed a bill on managed care reform, but it is a very
different piece of legislation and falls far short of the House-passed
legislation.
The conference committee had its first official meeting on March 3,
2000. It was a ceremonial meeting in which Senator Nickles was
elected chairman.
Senator Nickles stated that his goal was to have the staff proceed
forward in negotiations to try to work out differences between the two
bills on the common patient protection provisions (access to emergency,
access to ob/gyns, etc.) and that, after we had worked through those
issues, we would go onto some of the more complex issues such as external
appeals, liability, and scope.
He also stated that he would like to conclude the conference by the end
of March.
As this notebook is being prepared in mid-March, not much progress has
been made at the staff level in reaching agreement on these "common"
provisions, but the meetings are going forward.
HOUSE/SENATE DIFFERENCES:
The Senate's Republican managed care reform bill has two major
weaknesses: scope and liability.
SCOPE: The Senate-passed bill applies mainly to the 48
million self-insured Americans and leaves more than 100 million other
people in managed care under the control of the states.
LIABILITY: The Senate-passed bill includes no changes to
ERISA to give patients the right to sue their health plans for
damages. Under the Senate language, people's legal rights would be
limited to collecting for the service that was denied them and,
possibly, legal costs - nothing else. Thus, aside from some civil
monetary penalties that health plans could build into the cost of doing
business, there is no real enforcement if the plans violate provisions
of the law.
EXTERNAL APPEALS/MEDICAL NECESSITY: The Senate-passed
bill requires the external appeal entity to use the definition of
medical necessity used by the plan in determining whether an appeal
should be granted. That means the plan makes all the rules, and
the external appeal is not truly an independent medical decision.
CONFERENCE ISSUES
It appears that the major issue in conference will be liability (though
scope will also be a major issue with Senate Republicans). The
debate has moved in the House's direction. It no longer appears to
be a debate over whether there will be liability but, instead, a debate
over how that liability will be structured. Even Senator Lott has
been quoted at a recent Chamber of Commerce speech as saying, "certainly,
under egregious cases, you will have the right to sue."
There is some GOP discussion of eliminating access to class action
lawsuits altogether. Obviously, low-income people sometimes only
have access to the courts through such class actions. Banning class
actions would create real inequities.
The access provisions, as described below, also will be major
conference issue, since all of the Republicans have voted for these same
tax cuts numerous times.
BALANCED BUDGET REFINEMENT ACT OF 1999
MEDICARE PROVISIONS
The Balanced
Budget Act of 1997 (P.L. 105-33) included a number of Medicare
provisions. At the time of enactment, the Congressional Budget
Office (CBO) estimated that Medicare spending would be reduced by $116.4
billion over 5 years (FY 1998-2002) and $393.8 billion over 10 years (FY
1998-2007). The BBA was intended to slow the rate of growth in
Medicare spending both by slowing the rate of growth in payments to
hospitals, physicians, and other providers and by establishing new
prospective payment systems and other new payment methodologies. The
BBA also established the Medicare+Choice program, which was intended to
expand private plan options available to Medicare beneficiaries.
In March 1999 and in July 1999, CBO lowered its Medicare spending
estimates. Many health care provider groups stated that actual
payment reductions resulting from the BBA 97 were larger than intended
when the BBA was enacted. However, the reduced estimates reflected a
number of factors in addition to BBA changes, including an improved
economic forecast, heightened anti-fraud and abuse initiatives, a slowdown
in payments to providers, and lower enrollment in the Medicare+Choice
program. The Medicare Payment Advisory Commission (MedPAC) and the
GAO found that the BBA provisions did not impede beneficiary access to
care.
Both the House and Senate considered bills to mitigate the impact of
the BBA provisions on Medicare providers, and on November 18, 1999, the
Congress passed the conference report on H.R.
3194, the District of Columbia appropriations bill, which incorporated
the agreement reached by House and Senate negotiators on the Medicare
provisions.
The CBO estimated that the provisions in this bill will increase
Medicare spending by $16 billion over five years (FY 2000-2004) and by $27
billion over ten years (FY 2000-1009).
- The bill increases Medicare payments to hospitals by $3.4 billion
over 5 years, including $1 billion for rural hospitals.
- In addition, payments for hospital outpatient services are increased
by $4.5 billion over 5 years, including an administrative change that
increases payments by $3.9 billion.
- The bill increases payments for skilled nursing facilities by $2.1
billion over 5 years, including increases for services for medically
complex patients.
- The bill increases payments for home health and hospice services by
$1.3 billion over 5 years.
- The bill increases payments to Medicare+Choice plans by $1.9 billion
over 5 years.
- In addition, the bill increases Medicare payments for various other
services, such as dialysis, durable medical equipment, pap smears, and
immunosuppressive drugs.
MEDICAL ERRORS
In November, 1999, the Institute of Medicine (IOM) issued a report, "To
Err is Human: Building a Safer Health System". (See http://www.house.gov/htbin/leave_site?ln_url=http://www.iom.edu&ln_desc=Institute+of+Medicine)
The IOM reported that preventable adverse medical events (medical errors)
are responsible for 44,000-98,000 deaths each year at a cost of $17-$29
billion. Using the conservative figure, medical errors rank as the
eighth leading cause of death in the U.S. The Food and Drug
Administration estimates that 10 percent of all hospital admissions are
related to adverse drug events, and 7,000 people die each year from
medication errors. The Centers for Disease Control (CDC) has
reported that hospital-acquired infections affect approximately 2 million
persons annually.
The IOM found that most medical errors are caused by faulty health care
systems, rather than poor performance by individual providers, and that
errors can be prevented by redesigning health care systems to make it
harder to make errors. The IOM found that health care has lagged "a
decade or more behind other high-risk industries in its attention to
ensuring basic safety."
The IOM recommended:
- Strengthening of standards and expectations for patient safety,
including greater Federal funding for research to develop performance
standards and dissemination of "best practices" throughout the health
care system.
- Creating safety systems inside health care organizations, such as
hospitals, nursing homes, and outpatient facilities.
- Mandatory reporting of serious adverse events - those that result in
death or permanent injury, and voluntary reporting of "near
misses." Reporting should be confidential, blame-free, and
non-punitive.
- Investigation of causes of errors and feedback to health care
facilities.
On February 10, 2000, the Ways and Means Health Subcommittee held a
hearing on the IOM report, and the Minority is working with the Majority
to develop legislation to address the issues raised in the report.
INFORMATION ON MEDICARE BILLS INTRODUCED BY CONGRESSMAN RANGEL
NEWS RELEASE: RANGEL INTRODUCES
BIPARTISAN BILL TO HELP NATION'S "SAFETY-NET" HOSPITALS (March 11,
1999)
EXTENSION OF REMARKS: INTRODUCTION
OF LEGISLATION TO HELP THE NATION'S SAFETY NET HOSPITALS: CARVE?OUT OF
DISPROPORTIONATE SHARE HOSPITAL PAYMENTS -- HON. CHARLES B. RANGEL
(March 11, 1999)
EXTENSION OF REMARKS: RANGEL
INTRODUCES LEGISLATION (H.R. 1875) TO STOP FINANCIAL HEMORRHAGE OF
NATION'S PREMIER TEACHING HOSPITALS (MAY 12, 1999)
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