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N Y Senate Health Committee
         Report
  2006
                     
  

                 Contents: Page
Health Legislation which passed in both Houses in 2006 3
Health Budget Highlights 13
Public Hearings 19
          Medicaid Fraud and Reform Hearings 19
          Pandemic Influenza Hearings 23
          Health Insurance and the Uninsured 25
          Berger Commission Report        Dec 2006 Albany Transcript
          Berger Commission Report       Dec 2006 Buffalo   pending

 

A Message from the Chair

New York State Senate

Committee on Health

Senator Kemp Hannon

 

Dear New York Resident:

As Chair of the Senate Committee on Health, I  outline the highlights of the 2005-2006 legislative session. This year the Committee passed new laws to curb Medicaid Fraud, to control the health care costs, as well as to ensure quality care for New Yorkers.

Medicaid Fraud is a problem to  New York taxpayers of billions of dollars  yearly. As Co-Chair of the Senate Medicaid Reform Task Force, we held a series of statewide hearings to address this serious issue. Also continuing to serve as Co-Chair was Senator Raymond Meier, Chair of the Social Services Committee. A diligent and dynamic force on the topic of preventing Medicaid Fraud was Senator Dean Skelos, the Deputy Majority Leader of the Senate, who spearheaded the effort to reform the organization of the State’s fight against Medicaid Fraud. All three of us presided at the hearings in which the Task Force received input and suggestions from people in the health care industry and the law enforcement community on what could be done to strengthen the state's efforts to detect and prevent Medicaid fraud. Executive Members of the Task Force also included Senators Elizabeth Little, Frank Padavan, Mary Lou Rath, and James Wright.

The Senate Medicaid Reform Task Force hearings solicited input on the legislation recently passed by the Senate to combat fraud, including the creation of the Office of the Medicaid Inspector General within the Department of Health (Chapter 442 of 2006 S.8450). This comprehensive plan was designed to control fraud and abuse of the state’s Medicaid system. It will achieve substantial savings for taxpayers and help to preserve the quality of health care for New York’s Medicaid recipients. The Office of the Medicaid Inspector General will serve as the referral point for cases of misuse of Medicaid funds deemed appropriate for criminal prosecution as well as the recovery of misused funds. The law also creates new criminal penalties for Medicaid fraud and directs the development of new technology to detect, control and prosecute these crimes. Signed into law by the Governor in July, 2006, the law has been called the toughest plan to combat Medicaid fraud in the nation.

Due to the serious health risks that influenza and pneumococcal disease pose to public health as well as the growing concerns about the availability of vaccinations, in March, 2006 public hearing was held with my colleague Senator Michael Balboni, Chairman of the Homeland Security Committee, entitled "Surge Capacity and Avian Flu: Can NYS’s Healthcare System Meet the Challenge?" to discuss the threat of influenza outbreak and assess pandemic preparedness. This hearing resulted in several enacted laws this year, including a bill designed to increase the availability of flu vaccination to seniors by requiring hospitals to offer patients over age 65 who are hospitalized between September 1 and April 1 each year vaccinations against these diseases (Chapter 266 of 2006 S.5087-A). Signed into law by the Governor in July, 2006, this law will help to increase the rate of immunization by providing seniors the opportunity to receive vaccinations. I also sponsored a bill which created a Statewide Electronic Immunization Registry for persons under the age of nineteen (Chapter 544 of 2006 S.8227-B). This bill, which became law in July 2006, helps to aid, coordinate, and promote cost-effective disease prevention and control efforts in New York State.

In order to protect and care for New York’s children, I sponsored the Emergency Medical Services for Children Act. Signed into law in August, 2006, this bill establishes a program using funds from a federal grant to provide recognition and treatment for children’s sudden illnesses and injuries (Chapter 614 of 2006 S.8238). I am also proud to announce the enactment of a bill I sponsored to create a pilot program of comprehensive hospice and palliative care services for children with life-limiting illnesses (Chapter 588 of 2006 S.4927-A).

This year, hard work ensured the Health and Mental Hygiene Budget protected and enhanced the high quality, affordable community-based health services New Yorkers depend on. Despite proposed cuts jeopardizing care, the final 2006-2007 Health and Mental Hygiene Budget included $188.5 million to restore and continue prescription drug coverage programs, and increased aid to nursing homes to ensure their reimbursement rates reflected today’s costs.

Funding was secured for several programs designed to improve care for New Yorkers. One such example is the Public Health Management, Leaders of Tomorrow Program. The program received $600,000 in funding in the 2005-2006 budget to develop and implement an academic Public Health Management Program for students and individuals employed at County or State Health departments, to prepare them for public health issues of the 21st Century. Another initiative I was proud to support addresses Racial Disparities in access to health care. This state program will foster the elimination of racial/ethnic disparities in health status and delivery of care.

In order to provide the necessary coordination of health information throughout the State, so  funding was also insured for Health e-Links New York within the 2005-2006 budget. This program creates the Office of Health e-Links within the Department of Health. Often a patient’s vital medical information is scattered across numerous sites in a variety of different formats and is often unavailable at the point of care. By adopting this system of electronic health care records and fostering the development of regional health information exchanges, New York can assist physicians in obtaining the information they need to identify the best treatment options.

Another achievement in the 2005-2006 Health and Mental Hygiene Budget was the creation of standardized charity care policies for hospitals. New standards requiring transparent hospital financial aid policies were established to ensure that low income and uninsured patients are able to obtain and pay for medical care. The law also prevents hospitals from adopting collection policies that permit the forced sale or foreclosure of a patient’s primary residence in order to collect upon outstanding bills.

The 2005-2006 legislative session was a successful one for the Senate Committee on Health. There is, of course, substantially more work to be done in meeting our goal to make New York’s healthcare system one which is marked continually by quality, affordability and accessibility. I would like to thank my fellow committee members for all their efforts: Senators Carl Andrews, John DeFrancisco, Thomas Duane, Hugh Farley, Charles Fuschillo, Jeffrey Klein, Thomas Libous, William Larkin, George Maziarz, Velmanette Montgomery, George Onorato, Mary Lou Rath, John Sampson, Malcolm Smith, Nicholas Spano and George Winner.

 

 

Health Legislation, which has been signed into Law during the 2006 Budget Year:

Children’s Health

Chapter 178 of 2006 S.3061-A (ALESI) This establishes an Advisory Council on Children's Environmental Health and Safety. This council will ensure children safe learning and living environments. The Advisory Council will investigate the exposure of children to a broad array of hazards; these will include: air and drinking water contaminants, toxic substances in soil and other media, lead-based paint, asthma-causing pollutants, pesticides within and outside of schools, radon and asbestos in schools and exposure to hazardous substances during school renovation and construction. Their findings will be made public for the benefit of school districts and the community at large. This will enable parents and educators to make informed choices for their children and themselves. This chapter was signed into law on July 26, 2006; it shall take effect 180 days after enactment.

Chapter 614 of 2006 S.8238 (HANNON) This chapter amends the Public Health Law by establishing Emergency Medical Services for Children Act (EMSC). This provides a statutory foundation for the State Emergency Medical Services for Children Program using funds provided by a Federal grant. The new Article 30-C of the Public Health law has been established and will provide recognition and treatment of children’s sudden illness and injury. It will further enhance the role of the existing State Emergency Medical Services for Children Advisory Committee ("EMSC Committee") within the Bureau of Emergency Medical Services (in the Department of Health). The result is a new State EMSC Program, which will follow the Federal Emergency Medical Services for Children initiative. This is based upon Federal Guidelines which are jointly administered by the US Department of Health and Human Services and the National Highway Traffic Safety Administration and designed to meet the specific needs of New York State’s Children. This law was signed by the Governor on 08/16/06; it will take effect immediately.

Chapter 588 of 2006 S.4927-A (HANNON) This law authorizes the creation of a pilot program of comprehensive hospice and palliative care services for children, with life-limiting illnesses, and will address the medical, psychosocial and spiritual aspects of care, to allow such children to be cared for at home rather than in an institutional setting. Services will be provided by licensed certified hospice workers, working collaboratively with a licensed, certified home health agencies and shall include, but are not limited to: care coordination, social work, counseling, expressive therapies (e.g. child life specialist, music therapist, or art therapist), spiritual care, respite and bereavement services. The law allows children to receive curative treatment and comprehensive hospice and palliative care services at home outside of the six-month terminal prognosis. It requires providers of these programs to create a report on the impact of this increased capacity, which will be delivered to the Governor, the Senate and the Assembly on, or before, December 31, 2008. This chapter was signed by the Governor on August 16, 2006; it shall take effect immediately.

 

Criminal Background Checks

Chapter 331 of 2006 S.6630 (HANNON) This law technically amends and makes corrections to Chapter 769 of the Laws of 2005, which requires a review of the State and Federal criminal histories of employees and potential employees of nursing homes home health care agencies in the State. With this law, the definition now will include persons employed or used by a provider (including temporary employees) who provide direct care or supervision to patients. It also creates consistency between State and Federal standards for obtaining and maintaining criminal history information. The Governor signed this legislation into law on July 26, 2006. It is effective immediately; however, the required implementation will not go into effect until September 1, 2006 to allow DOH a reasonable amount of time to implement the program.

Health Care Financing

Chapter 387 of 2006 S.7717-A (HANNON) This law provides support for financially distressed hospitals that have existing capital indebtedness under the former "Secured Hospital Revenue Bond Program". Through this legislation, these hospitals may now realize a savings by the refinancing of their existing debt. Established in 1985, the Secured Hospital Revenue Bond Program was to assist certain hospitals, identified by the Department of Health, that were providing health care services to medically under-served communities; a disproportionate share of the services were to uninsured or indigent patients and the facility needed to demonstrate severe financial distress. The program expired on March 1, 1998. Outstanding bonds were not affected by this sunset, but no new bonds could be issued; existing bonds could not be refinanced. This law now allows certain hospitals to refinance their debt, decrease annual payments and ultimately become more competitive in their markets. The Governor signed this bill into law on July 26, 2006; it was effective immediately.

HCRA

Chapter 146 of 2006 S.8067 (HANNON) This bill extends the Commissioner of Health’s ability to award grants to certified home health agencies (CHHAs) so that they can afford to subsidize care that is provided to medically indigent patients. Specifically, it extends from June 30, 2006 to June 30, 2007, the provisions of the Public Health Law authorizing bad debt and charity care allowances for certified home health care agencies, when they provide uncompensated care. The Governor signed this bill into law on 07/07/06; it became effective immediately.

Health Care Practitioners

Chapter 84 of 2006 S.6506 (FARLEY) This chapter will amend the Public Health Law and Chapter 337 of the Laws of 2002, which amended the Public Health Law by establishing a Health Care Practitioner Volunteer Pilot Program. This new legislation continues this program making the statute permanent. Legislative findings accompanying Chapter 337 of the Law of 2002 noted the need for free basic primary health care services for the uninsured, and underinsured. At that time, retired and active physicians and other medical professionals in Schenectady were seeking to volunteer their professional services to provide such care. Following adoption of that law, the State Department of Health approved establishment of a "free clinic" in Schenectady. Since its inception, the Schenectady program has seen over 3,500 patients and has delivered free medical care, lab tests, and medications valued at over one million dollars. Most (61%) of its patients are unemployed and 95% have no insurance coverage. Volunteers donated over 6,200 hours of service (Physicians donated over 2,300 of these hours, and registered nurses nearly 2,000 hours). The Schenectady program has been featured in newspaper articles about successful alternative health care delivery systems. This act shall take effect immediately.

Chapter 683 of the laws of 2006 S.7001-C (ALESI) This chapter amends the Public Health Law by requiring that at least one functional cardiac automated external defibrillator (AED) be made available in places of public assembly. It further requires that at least one employee or volunteer of such a facility be trained in its proper operation and use and be present at each facility function. Sudden cardiac arrest claims an estimated 250,000 lives every year; less than one in twenty victims survive. However, the chance of survival is greatly increased by the administration of an AED. The American Heart Association estimates that as many as 100,000 deaths could be prevented each year through the wide spread use of defibrillator, which are a highly effective means of saving lives. This legislation corrects technical flaws found earlier legislation by adequately defining what constitutes "place of public assembly" and it specifies that (AEDs) should be made available in places of public assembly. This law will tie the placement and use of defibrillators to the statutory standards established by the Department of Health and ensure that there is sufficient time for implementation (one year from enactment). It was signed into law by the Governor on 09/13/06.

Chapter 175 of 2006 S.5606-A (HANNON) This law will repeal and replace the current Article 35 of the public health law entitled "Practice of X-ray Technology" with a new Article 35 entitled "Practice of Radiologic Technology." This new article creates updates in language by acknowledging that new forms of radiological technology have come into existence. These include: radiography, radiation therapy and nuclear medicine technology, among others. Additional changes include: standardized educational requirements for the practice of radiological technology, which will be moved from statute to regulation in accordance with national accrediting standards, the establishment of nuclear medicine technologist licensure, creating language to require that radiography include the intravascular administration of contrast media, it adds two new seats on the Radiological Advisory Board (nuclear medicine technologists licensed under the new Article 35) and it allows the Department of Health to require licensees to complete continuing education credits as a condition of their registration or certification. This law was signed by the Governor on July 26, 2006; it shall take effect one year after it shall have become law, the provisions relating to contrast media shall take effect 180 days after it shall have become a law.

Chapter 618 of 2006 S.7718-A (HANNON) This law permits registered physician assistants and certified nurse practitioners to supervise the withdrawing of blood by designated health personnel for the purpose of conducting a test of blood for the presence of alcohol or drugs in a hospital emergency room upon the request of police officer. Currently, the Vehicle and Traffic Law allows only physicians to supervise the conducting a blood-alcohol test. This law originated from an accident that took place in 2002, when the vehicle of Olympian Jack Shea was struck, and Mr. Shea was subsequently killed, by an alleged drunk driver in Lake Placid. The driver was brought to Adirondack Medical Center’s Emergency Department, where a physician’s assistant in charge of the emergency department, ordered an Advanced Emergency Medical Technician (AEMT) to withdraw the driver’s blood for the purpose of an alcohol test. Because the existing law required that the order to withdraw blood must be ordered and supervised by a physician, the driver in this incident was able to have the results of the blood alcohol test suppressed in court. This law was signed by the Governor on August 16 2006; it shall take effect immediately.

Chapter 131 of 2006 S.6444 (LITTLE) This law authorizes certain health care professionals, licensed to practice in other jurisdictions, to practice in New York State, in connection with the sanctioned event of the Ironman USA Holdings, Inc. in Lake Placid, New York. This legislation allows licensed health care professionals from other states who volunteer, and are sanctioned by Ironman USA Holdings, Inc., to perform services for the athletes. The Governor enacted this law on July 19, 2006; it shall take effect immediately.

Chapter 218 of 2006 S.6786 (JOHNSON) This law amends Chapter 572 of the Laws of 1994, which amends the Public Health Law, to requests for Emergency Medical Service (EMS) in Suffolk County. This law continues to extend the original legislation, which was due to expire in January. The original law was enacted at a time when municipalities requested the authority to establish local ordinances to outlaw for-profit ambulance units from responding to calls that had been dispatched to volunteer EMSs. Previous to this legislation, chaos was created in response to medical emergencies, in certain municipalities. The legislation allowed for the designation of authority, in deciding which providers could respond to radio calls. Since 1994, this type of legislation has permitted the local municipalities to effectively solve the underlying obstacles that led to the confusion. The law was signed by the Governor on 07/26/06 and shall take effect immediately.

Chapter 119 of 2006 S.6976 (WINNER) This law extends Chapter 459 of the Laws of 1996, which amended the Public Health Law relating to re-certification of persons providing emergency medical care. Specifically, it extends a program that was originally enacted as an alternative to the written examination required of EMTs and AEMTs. This program has been extended to permit the continuation of an alternative recertification process which has been successful in rural areas. The law was signed by the Governor on 07/05/06; it is effective immediately and sunsets on July 1, 2011.

Chapter 325 of 2006 S.6365-A (ALESI) This chapter amends the Public Health Law, in creating alternative demonstration programs for non hospital orders to not resuscitate. In Monroe and Onondaga counties, a new form known as the "Medical Orders for Life Sustaining Treatment (MOLST)" has been introduced by professional emergency medical (EMS) personnel, in the non-hospital field, to use it as an alternative to the Do Not Resuscitate Form (DNR). The MOLST form permits an individual to instruct that they are not to be intubated by EMSs in these counties. Further, the legislation permits alternative non-hospital DNR forms, such as MOLST, to specifically include "do-not-intubate orders." This legislation excludes persons with mental retardation, developmental disabilities, or mental illnesses; it protects those who are incapable of making their own health care decisions from using the alternative forms within the non-hospital setting. This law was signed by the Governor on 07/26/06; it shall take effect immediately.

 

 

Long-term Care

Chapter 412 of 2006 S.8145 (HANNON) This law increases the aggregate amount of hospital and nursing home project bonds, notes and other obligations that the Medical Care Facilities Finance Agency ("MCFA") may issue to $13.4 billion. Currently, the Dormitory Authority, as successor to the Medical Care Facilities Finance Agency, only has the authority to issue such project bonds, notes or other obligations in an aggregate amount of $12.6 billion. The Dormitory Authority the Authority is seeking additional bond authorization at this time, to ensure that it will be able to meet the needs of all its private not-for-profit health-care clients on a timely basis. They predict that future projects requiring bond financing could total approximately $809 million, exceeding the current remaining capacity of approximately $371 million available under the current cap. The Governor signed this legislation into law on July 26, 2006; it was effective immediately.

 

Chapter 700 of 2006 S.7494-A (HANNON) This law will raise the current bed cap on the number of residential health care facility beds that are set aside for Continuing Care Retirement Communities ("CCRCs") from 1,000 to 2,000. In addition, the bill also provides that a not-for-profit CCRC operator may receive approval from the State Department of Health ("DOH") if they have either the current requirement of at least 25% of entrance fees received for at least 60% of proposed units; or at least 10% of entrance fees received for at least 70% of the proposed units. The bill further requires DOH to conduct a review of duplicative laws, rules and regulations pertaining to shared components of a CCRC and report its findings and recommendations to the Governor and Legislature by January 15, 2007. This bill passed both houses of the Legislature in June of this year and was delivered to the Governor on 09/01/06. If enacted, this bill would take effect immediately.

Chapter 120 2006 S.6724 (MAZIARZ) This law amends Chapter 433 of the Laws of 1997, the Public Health Law and other laws relating to rates of reimbursement paid to hospitals and residential health care facilities, of the Portable X-ray Demonstration Program to Medicaid Recipients. The law will continue a demonstration project that allows portable x-ray providers to be reimbursed for their services, which will be rendered to Medicaid Recipients in residential and intermediate health care facilities. This also includes those with developmental disabilities. Transporting can be costly and traumatizing for these individuals. The law will require the Department of Health to submit a report on the project outcomes. The Federal Medicare Program, and several other States, allows Medicaid reimbursement for portable x-ray and diagnostic ultrasound services. This law shall take effect immediately; the Department of Health must submit their report by September 1, 2007.

 

 

 

 

 

The Medicaid Inspector General (MIG)

Chapter 442 of 2006 S.8450 (SKELOS): This law creates a comprehensive plan to control fraud and abuse of the New York State Medicaid system. The Federal General Accounting Office estimates that 10 percent of Medicaid expenses are diverted through fraud. This is an amount equal to billions of dollars spent by New York State on its program. This chapter, which was developed collaboratively by Honorable Senators Skelos, Hannon, Meier and Volker, amends the following laws to combat Medicaid Fraud:

  1. The Public Health Law, by establishing the Office of the Medicaid Inspector General and provides for its powers and duties;
  1. The Executive Law, by designating the Office as a qualified agency for the purposes of criminal information;
  1. The Social Services Law, by developing and testing new methods of Medicaid Claims and Utilization Review to improve Medicaid fraud control and to create expenditure accountability and a provider compliance program;
  1. The Social Services Law, in relation to creating advisory opinions;
  1. The Insurance Law, in relation to requiring the Superintendent of Insurance to annually report on health insurance fraud; and
  1. The Penal Law, Criminal Procedure Law and Labor Law, in relation health care fraud control.

This innovative law establishes an Office of the Medicaid Inspector General (MIG), within the Department of Health. The law dramatically reorganizes and reforms New York State's process of preventing, detecting, investigating and recovering improper Medicaid payments. This independent office will serve as the State's single agency on Medicaid fraud and abuse prevention, detection and investigation. This office will be a referral point for cases deemed appropriate for criminal prosecution and will serve as a recovery center for improperly expended Medicaid funds through the collaborative efforts of administrative and civil mechanisms. This law features requirements that explain the detailed powers granted to the Office of the MIG. It creates a culture and focus that prioritizes the fight against fraud and further enables the propriety of New York State's Medicaid Program. Prior to this law’s passage, fraud control activities were often too intertwined to facilitate the recovery of Medicaid expenditures, while prosecuting the criminal acts that were involved with their loss. This law sets forth the following:

  1. Creates new criminal penalties for regarding Medicaid fraud and abuse;
  1. Authorizes and directs the development of new technology to detect, control and prosecute these crimes;
  1. Promotes accurate Medicaid billing procedure through provider compliance and advisory opinion provisions;
  1. Encourages active involvement in fraud prevention and recovery efforts by local counties; and
  1. Establishes new information management protocols and requirements which further empower the Attorney General, District Attorneys and other appropriate entities who prosecute criminal fraud;

This legislation will achieve substantial savings for taxpayers and it will help to preserve quality health care for New York State's Medicaid Recipients. It has been called the toughest and most comprehensive plan to combat Medicaid fraud in the Nation. This law was signed by the Governor on July 26, 2006; it shall take effect immediately, with certain provisions to ensure proper implementation.

Organ Donation

Chapter 570 of 2006 S.4610-A (HANNON) This chapter amends the Vehicle and Traffic Law, in relation to donations made, under the direction of the Commissioner of the Department of Motor Vehicles (DMV), to collect monies to fund the development of a license application and renewal form. This will solicit a voluntary one dollar donation, for the "Life Pass it on Trust Fund." In 1968, the New York State Department of Motor Vehicles began its organ donation efforts, by putting forth the Uniform Anatomical Gift Act. That Act allowed one to consent to organ and tissue donation on the back of their driver’s license. Additionally, the DMV has helped to increase awareness of donation by creating links to the Organ and Tissue Registry on application and renewal forms and various other organ donation initiatives. This legislation expands upon the good work accomplished by the DMV and will further support education, awareness, and donation efforts. This bill was signed by the Governor on August 16, 2006; it takes effect 18 months after it becomes a law to leave time for implementation.

Chapter 565 of 2006 S.759 (HANNON): This law allows for deductions which will reduce an organ donor’s Federal adjusted gross income for purposes of the State personal income tax credit. The law adjusts the State income tax deduction up to $10,000, which represents the maximum estimated amount incurred by a living organ donor, per donation. The law was signed by the Governor on August 16, 2006; it shall take effect immediately and shall apply to taxable years beginning on, or after, the first of January next succeeding the date on which it became law.

Chapter 598 of 2006 S. 8312 (SPANO): This chapter amends the Public Health Law by adding organ and tissue donation information to the list of current items that the Department of Health must include in its Health Care and Wellness Education and Outreach Program. This will promote public awareness of these important health issues.

 

Pharmaceuticals

Chapter 457 of 2006 S.4331-B (HANNON) This law will conform New York State’s Controlled Substances Schedules with that of the Federal Schedule of Controlled Substances as listed in the Code of Federal Regulations (CFR), Title 21, Part 1308. The Federal and New York State Controlled Substance Acts have categorized controlled substances into five groups, called schedules. These schedules depend upon each substance's accepted medical use and potential for abuse and diversion. Differences existed between the Federal and New York State scheduling of controlled substances. The Department of Health (DOH) was not authorized to enforce Federal Controlled Substance Law; by making New York State scheduling consistent with federal scheduling, DOH’s Bureau of Controlled Substances and other law enforcement agencies are authorized to enforce violations of controlled substance regulations. The amendments also enable the DOH to more effectively detect, prevent and prosecute crime. This law was signed by the Governor on 08/16/06; it shall take effect immediately.

 

Public Health

Chapter 29 of 2006 S.6696 (LAVALLE) This law will amend the Public Health Law, in relation to the Breast and Cervical Cancer Detection and Education Program. This law increases the number of members appointed to the Advisory Council from 18 to 21, ensuring adequate representation among all valued stakeholders. The law was signed by the Governor on 04/25/06; it shall take effect immediately.

Chapter 76 of 2006 S.5917-A (BALBONI) This chapter amends the Public Health Law, in relation to creating an orderly process for the disposition of a decedent's remains. Previous to this, there was no law that described who shall carry out the wishes of a decedent. Disputes over the right to carry out the wishes of the deceased ensued. This bill creates a process that allows an individual, before he or she dies, to designate a person who will carry out their wishes, regarding the disposition the individual's remains, following their death. The law creates a rank ordered list of people to carry out those wishes in the absence of a written instrument executed by the decedent. The law was signed by the Governor on 06/07/06; it shall take effect 180 days after being signed into law.

 

Chapter 346 of 2006 S.6957 (ALESI) This chapter will amend the Public Health Law, in relation to increasing certain penalties related to bodies of deceased persons. Due to medical breakthroughs in medical technology with the use of tissue transplantation and organ donation, the tissue bank industry has boomed in recent years. Proper harvesting of tissue makes medical miracles possible to achieve, however, there is a small risk of disease transmission associated with tissue transplantation. To mitigate the probability of disease spread through tissue transplantation, the New York State Health Department and the FDA require firms that collect tissue to screen and test donors for communicable diseases; they ensure that human tissue, and cellular and tissue based products, are processed in such a way as to prevent communicable disease contamination. State and Federal regulations require an extensive donor medical history, the testing of the donor's blood and tissue for infectious diseases, and the sterilization of tissue to free it of viruses and bacteria. However, when human bone, skin and other tissue material are obtained illegally, the medical screening process is circumvented. This creates a very real medical risk. This legislation increases the penalties for activities related to the unlawful and improper harvesting of human tissue, bone and other materials in an effort to deter these types of unlawful activities. The Governor signed this legislation into law on 07/26/06; it shall take effect on November first of the next succeeding the date on which it shall have become a law.

Chapter 198 of 2006 S.6359 (MARCELLINO) This chapter will amend the Public Health Law, in relation to the number of at-large members appointed to the New York State Toxic Mold Task Force. The law makes a simple technical correction to Chapter 356 of the Laws of 2005 that will provide for twelve at-large members of the task force previously created. Subdivision 4 of section 1384 of the Public Health Law listed twelve areas that at-large members should be appointed from; however the original chapter enumerates only eleven. This minor technical error is now corrected. This law was signed by the Governor on 07/26/06; it shall take effect immediately.

Chapter 573 of 2006 S.2602-C (FUSCHILLO) This chapter will amend the Public Health Law, in relation to establishing new restrictions on the use of ultraviolet radiation devices at tanning salons. Overexposure to ultraviolet (UV) rays can cause eye injury, premature wrinkling of the skin, and light-induced skin rashes, and can increase your chances of developing skin cancer. Studies suggest that children and adolescents are harmed more by equivalent amounts of UVB rays than adults. Often adults are unaware of these hazards. This law enables parents to make informed decisions about their children’s use of indoor tanning by requiring them to become familiar with the added susceptibility of children to potential harm during use. Parents are now required to give consent to their child's use of an indoor tanning facility and those under the age of fourteen are prohibited from using a tanning facility. This law was signed by the Governor on 08/16/06; it shall become effective in 90 days of becoming a law.


Vaccination and Immunization

Chapter 266 of 2006 S.5087-A (HANNON): This chapter amends the Public Health law by requiring hospitals to offer immunization against influenza and pneumococcal disease to all admitted individuals who are aged 65 and older. Specifically, the law requires hospitals to offer influenza vaccinations, between September 1 and April 1 each year, to all patients 65 and older who are admitted to the hospital; the law also requires hospitals to offer pneumococcal disease vaccinations to all admitted patients who are aged 65 and older throughout the year. Further, the law will require hospitals to adopt policies on offering and administering influenza and pneumococcal disease vaccinations to patients. Policies may include, but are not limited to, the following:

  1. Procedures for identifying at-risk patients over the age of 65;
  1. Procedures for ensuring that high-risk patients are offered vaccinations and will receive (or his or her guardian will receive) information about the risks and benefits of vaccination; and
  1. A standing order program for influenza and pneumococcal immunization.

This law allows the Commissioner of the Department of Health to initiate new requirements in the event of influenza and pneumococcal vaccine shortages. This chapter was signed into law by the Governor on July 26, 2006; it will take effect on the ninetieth day after it shall have become law.

Chapter 189 of 2006 S.8341-A (HANNON): This chapter amends the Public Health Law by requiring all children born on, or after, January 1, 2008 to be vaccinated for pneumococcal disease prior to their admission to day care centers and preschool programs. This law will then remove pneumococcal immunization from the list required for elementary school entry and adding pneumococcal disease to the list of diseases for which the Department of Health may engage in surveillance. This surveillance will lead, but is not limited to the following:

  1. Testing of vaccinations and methodologies;
  1. Encouraging municipalities to do local immunization programs; and
  1. Engaging in general activities that will promote childhood vaccination statewide.

The Governor signed this chapter into law on July 26, 2006; it was effective immediately.

Chapter 544 of 2006 S.8227-B (HANNON): This chapter establishes a Statewide Electronic Immunization Registry for persons under the age of nineteen. The Statewide Immunization Registry will be established within the Department of Health (DOH) and will be an automated, electronic repository for immunization information, which are administered to all persons under the age of nineteen. A similar registry system has been established within the New York City Department of Health and Mental Hygiene; the Statewide Registry will become connected to this system. All information reported to the registry shall be kept confidential and released only to users who are authorized by the Department of Health; these shall include: local health departments, health care providers, and schools. Recently, following the events of Hurricanes Katrina and Rita, it was noticed that the relocation and enrollment of children into various school systems was facilitated by the well maintained immunization registries of the States of Mississippi, Alabama and Louisiana. These registries made this process easier and eliminated the potential for re-vaccination prior to enrollment. This chapter was signed by the Governor on August 16, 2006; it shall take effect on the first of December of the year after it shall become a law, providing for the process of implementation.

 

Chapter 506 of 2006 S.7421-B (SKELOS): This chapter amends the Public Health Law by requiring the administration of any booster immunizations for diphtheria, tetanus toxoids and acellular pertussis vaccination to children born on or after January 1, 1994, when entering sixth grade (or comparable level of special education program) on or after September 1, 2007. Between 2000 and 2005, over 4500 cases of pertussis were reported in New York State. In 2003 the number of reported cases of pertussis increased to 11,647; 39 percent were adolescents age 10-19. The US Centers for Disease Control and Prevention reports the average incidence of pertussis in adolescents aged 10-19 has increased dramatically in recent years. A full, 25 percent of prolonged cough illness in adolescents and adults is estimated to be pertussis disease. Immunity from the childhood vaccination typically wears off after five to 10 years. This renders many teens susceptible to the serious and highly contagious disease. Adolescent vaccination has the potential to reduce the burden of disease in this targeted age group and possibly also reduce transmission of pertussis in the community, providing indirect protection to infants who have not been immunized. This act shall take effect September 1, 2007.

    

 Health Budget Highlights

This year in New York State, the Governor, Senate and Assembly worked very hard to come to an agreement on the State Budget. It was the second on time budget in over twenty years, however, it was not without some disagreement. The Governor vetoed a number of line items within the budget bills and questioned the constitutionality of others. Cost containment measures for localities were thoroughly investigated to counterbalance some of the State share for health insurance programs. The Legislature attempted to override many of the vetoes, including new Medicaid initiatives, many of which were considered cost containing measures in and of themselves.

The final budget agreement between the Legislature and the Governor restored almost all of the Executive’s cost containment measures, but it also includes Medicaid increases for facilities throughout the state, aid to counties and New York City, and health initiatives brought forth by the Legislature. The final 2006-07 Health and Mental Hygiene Budget restored more than $490 million to hospitals, nursing homes and home care.

For more details on the Budget, please visit the New York State Division of the Budget’s Enacted 2006-2007 Budget web page at: http://www.budget.state.ny.us/pubs/enacted/enacted.html

The Health and Mental Hygiene Budget

The budget included $188.5 million to restore and continue prescription drug coverage programs, including $120.6 million to extend the Medicaid Part D wraparound through January 14, 2007, for dual-eligible elderly. It also restored $36.2 million for Medicaid reimbursement and $31.7 million for EPIC reimbursement to pharmacies.

Hospitals:

  1. Restoration of $72.5 million in the state budget partially restored the trend factor for hospitals to adjust aid and help them address inflationary cost increases. Also, the budget provides $5.3 million to increase the Hospital Emergency Room Medicaid rate. Effective January 1, 2007, the Hospital Emergency Room rate will be $125 per ER visit, on January 1, 2008, the rate becomes $140, going to $150 per visit after January 1, 2009. An additional $2 million is provided to increase the Emergency Room physician rate from $17 to $25.

Nursing Homes:

  1. To ensure nursing homes will remain open, the budget provides $20 million to rebase nursing home aid, which will increase total aid by $450 million when fully implemented in four years. Coupled with rebasing, public nursing homes will be provided with $5 million beginning in calendar year 2007, growing to $100 million over four years. The Legislature also provides $1.5 million to begin implementation of a pay-for-performance program to enhance quality of care for nursing home residents. The budget will also restore $65.4 million to maintain the trend factor for nursing homes to adjust aid and help them address inflationary cost increases.

Mental Health Treatment Programs

  1. The budget includes critical additions and restorations designed for helping mentally ill consumers and the people who provide these consumers with care and treatment. The budget will add $3.2 million for community based mental health services for adults and children, and add $1 million in new funds to support programs for the families of the mentally ill. Also, Non-comprehensive outpatient treatment programs will receive $2 million to help begin equalizing the rate disparity with comprehensive outpatient treatment programs.

Housing / Residential Programs for the Mentally Ill:

  1. The budget included $850,000 in new funds in support of housing programs in Upstate New York, while also including $810,000 for new housing for mentally ill adults with critical needs. A $2 million restoration for personal needs allowances for the mentally ill in residential treatment facilities will provide each individual $135 per month for purchasing food and personal care items, a $90 increase over the Governor’s proposal. Also, $500,000 for a pilot project for a transitional living program for mentally ill children is included.

Outpatient / Substance Abuse Treatment Programs:

  1. State substance abuse prevention and treatment programs will receive $650,000, while $300,000 will be designated for eating disorder initiatives. Substance abuse treatment and prevention care providers will be provided with $1 million to combat rising operating costs.

Public Health Initiatives:

  1. Public Health Management, Leaders of Tomorrow Program

This year Senator Hannon championed corrections to the Public Health Management, Leaders of Tomorrow Program. With $600,000 in funding, from the Senate Majority, the Dean of the State University of Albany School of Public Health, in Conjunction with the New York State Department of Health, shall Develop and implement an academic Public Health Management Program for students and/or individuals employed at County or State Health departments, to prepare them for public health issues of the 21st Century.

  1. Healthy e-Links New York Act

This year, Senator Hannon championed the Health e-Links New York Act, which establishes the Office of Health e-Links within the Department of Health, to be headed by a State Coordinator, with the purpose of enhancing the adoption of an interoperable regional health information exchange and technology infrastructure. This system will act to improve quality of care and reduce the cost of health care, as well as ensure patient privacy and security, enhance public health reporting (including bio terrorism surveillance and facilitate health care research in the State of New York).

  1. Racial Disparities

This year, Senator Hannon worked to create a plan, to be developed upon and implemented through the Commissioner of Health, toward gaining statewide and suburban areas/regional benchmark research index on racial/ethnic disparities in access to health care services by minority populations. It has recently been discovered, that in some suburban areas and regions the rate of preventable hospitalizations of minorities is exceeding the statewide benchmark indices. Certain of this information run contrary to previously held beliefs about suburban access. These regions shall now become eligible, under this initiative, to participate in a racial disparities program, to be designed through State funding, to foster the elimination of racial/ethnic disparities in health status and delivery of care. Program design will focus on preventable hospitalizations; these shall include, but are not limited to: diabetes, asthma, chronic obstructive pulmonary disease, hypertension and congestive heart failure. These disparity indices will provide new insight into the level of disease disparity between population groups in these suburban regions.

Appropriations Bill

Provides a net restoration of $490.3 million in additional General Fund support for the Medicaid program.

Health Care Facilities

Provides $172.6 million for hospitals as follows:

  1. Rejects the proposal to limit payments made to Graduate Medical Education (GME)

hospitals to actual cost, and restore $36.2 million;

  1. Provides $72.5 million and authorizes a calendar year 2.25 percent trend factor;

  1. Includes $23.3 million and rejects the proposal to modify the volume adjustment

calculation to case payments;

  1. Rejects the proposal to reduce rates paid for inpatient services provided for

non-complicated detoxification services, and restores $23.2 million;

  1. Includes $10 million for the Hospital Restructuring Incentive program;

  1. Includes $5.3 million to increase the rate paid to hospitals for emergency room services;

  1. Effective January 1, 2007, the rate paid to hospitals would increase from $95 per

emergency room visit to $125. On January 1, 2008, the rate would increase to $140, and on January 1, 2009, the rate would increase to $150;

  1. Includes $2 million to increase the rate paid to physicians for emergency room services; and

  1. On October 1, 2006, the rate paid to physicians for emergency room services would

increase from $17 per visit to $25 per visit.

Nursing Homes

  1. Includes $137.9 million for nursing homes;

  1. Includes $20 million and amends the nursing home rebasing proposal;

  1. Updates the methodology used to determine the reimbursement rates using the

2002 cost reports;

  1. Includes a hold harmless provision for those facilities that would be negatively

impacted by using cost reports from a different year;

  1. Includes language which indicates that facilities must use between 65 percent and

75 percent of the increased funds for various quality initiatives, such as improved

staffing ratios and staff training;

  1. Includes a full-phase in over a four year period and provides $20 million in increased State funding for SFY 2006-07;

  1. $65 million in increased State funding for SFY 2007-08; $90 million in increased State funding for SFY 2008-09 and $230 million in increased State funding for SFY 2009-10;
  1. Includes $5 million in additional funding for public nursing homes, which would be

increased over a four year period to $100 million. The phase in schedule is as follows:

SFY 2006-07: $5 million; SFY 2007-08: $15 million; SFY 2008-09: $35 million and SFY 2009-10: $100 million;

  1. Rejects the proposal to limit reimbursement paid to nursing homes for Adult Day Health Care programs to their actual costs, and restores $13 million;

  1. Includes $1.5 million and establishes a nursing home Pay for Performance Program;

  1. Rejects the proposal to eliminate the 300 plus bed and hospital based add-on paid to

nursing homes, and also to exclude Medicare and private pay patients from the case mix when calculating the Medicaid rate for reimbursing nursing homes. Includes $33 million for this action;

  1. Provides $65.4 million and authorizes a calendar year 2.25 percent trend factor; and

  1. Extends the six percent Gross Receipts Tax (GRT) on nursing homes until March 31, 2009.

Long Term Care Services

The Executive Budget included several changes to long term care eligibility including: an increase in the look back period for asset transfers, from 36 months to 60 months, for both institutional and non-institutional care, a change in the penalty period from the date of transfer of assets was made to the date that an individual needs services, an elimination of a spouse's ability to refuse to pay for services. However, this law:

  1. Rejects the proposal to increase the look back period for non-institutional care;

  1. Rejects the proposal to eliminate a spouse's ability to refuse to pay for services.

  1. Restores $34.2 million for these long term care changes; and

  1. Allows individuals to exempt the value of their home up to $750,000 (the maximum amount allowed under Federal law), when making a determination of eligibility for long term care services.

Pharmaceuticals

This law includes $120.6 million and extends the transition period to the Medicare Part D Drug

Program until January 1, 2007 for dual eligible individuals. Provides $67.9 million to partially restore Medicaid and the Elderly Pharmaceutical Insurance Coverage (EPIC) program's pharmacy reimbursement for prescription drugs as follows:

    1. Brand name drugs = Average Wholesale Price (AWP) minus 13.25 percent; and
    1. Generic drugs = Average Wholesale Price (AWP) minus 20 percent.
    1. There are no changes to the reimbursement amount for pharmacies providing specialized services for individuals with HIV/AIDS.

The Executive proposed several changes to the Preferred Drug List (PDL) and Prior Authorization Program (PA), including:

  1. Eliminating a physician's ability to make the final determination when prescribing a prescription drug not on the PDL;
  1. Using cost as a factor when determining if a prescription drug should be placed on the PDL or prior authorized; and
  1. Reducing from 30 to 10 days the notice requirements for putting a drug in the PDL/PA program.

These changes to the PDL/PA programs were rejected; $55.7 million in Medicaid spending was restored.

Other Medicaid Budget Proposals

  1. Includes $4.4 million and rejects the proposal to modify transportation services under the Medicaid program;

  1. Includes $3 million to provide a supplemental transportation rate for emergency

transportation;

  1. Includes $1.4 million to provide an increase in the Medicaid rate for AIDS Adult Day

Care programs;

  1. Provides $2 million for personal care services in rural areas of New York State;

  1. Provides $1 million for crossover payments for psychiatric services for individuals

eligible for both Medicaid and Medicare;

  1. Provides $112,000 for Academic Dental Clinics; and

  1. The Executive proposed to eliminate the special rates paid to hospitals for mental health outpatient services. This proposal was rejected; $3.7 million in additional Medicaid spending is being provided.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2006 Public Hearings on Health:

 

Hearings on Medicaid Fraud and Abuse

In June of 2003, The Senate Medicaid Reform Task Force was created. It served to conduct the first comprehensive review of New York's Medicaid Program, to develop a long term vision for Medicaid efficiency and effectiveness, and to provide quality affordable health care. After an extensive statewide review and inclusive hearing process, the Task Force issued comprehensive recommendations to ensure that Medicaid would continue to efficiently provide quality care to those in need. Several of the Task Force's initial recommendations have become law.

In 2005, Senate Majority Leader Joseph L. Bruno announced that the Senate Medicaid Reform Task Force, chaired by Senator Kemp Hannon, Chairman of the Senate Health Committee, and Senator Raymond Meier, Chairman of the Senate Social Services Committee, would hold a series of statewide hearings on Medicaid fraud, to build support for State action on a problem that is estimated to cost New York taxpayers billions of dollars.

In addition to Senators Hannon and Meier, the Executive Committee of the Senate Task Force on Medicaid Reform included: Senators James Wright, Elizabeth Little, Mary Lou Rath and Frank Padavan. Every member of the Senate Majority Conference participated as a member of the Task Force. For more information on Medicaid Task Force reporting, please visit Senator Hannon’s website area regarding these issues at: http://www.senatorhannon.com/topics2_1_3_2_ReportSenateMedicaidReform.htm

Medicaid fraud causes property taxes to increase; local governments become financially stressed as a result. Medicaid fraud also causes services to be diverted away from the people who most need care. These statewide hearings have solicited the input of experts in the field of Medicaid, the health care industry and law enforcement agencies. Since its 2003 inception, the Task Force has investigated initiatives being used, in other states and at the Federal level, to combat fraud, waste and abuse of the system. The Legislature called upon Federal auditors to further investigate what measures New York State can take to combat Medicaid fraud.

Wednesday, September 21, 2005

The New York State Senate held a public hearing on Wednesday, September 21, 2005 at 10:00 a.m., in Hearing Room A of the Legislative Office Building, to receive comment on legislation, which was passed by the Senate last spring, to combat the problem of Medicaid fraud. The hearing was conducted jointly by the Senate Committees on Health and Social Services, Children and Families along with the Senate Medicaid Reform Task Force, co-chaired by Senator Kemp Hannon and Senator Raymond Meier. The Albany hearing was the first of several public hearings that were held throughout the State to receive input on comprehensive Medicaid fraud legislation, sponsored by Senator Dean Skelos (R, Rockville Centre), that was passed by the Senate in May.

The Senate introduced and passed legislation during the 2005 legislative session (S.3685-B) to establish an Independent Office of Medicaid Inspector General. The purpose of the Office of Medicaid Inspector General would be to integrate, consolidate and coordinate the investigation of Medicaid fraud related activities of state and local governments within the state and, where necessary, to coordinate or contribute to the prosecution of fraud. The Assembly did not act on the Senate legislation. On August 5, 2005, Governor Pataki signed an Executive Order to establish such an office.

"Through public discourse, I am certain the Medicaid Reform Task Force will again produce solid recommendations for an improved system for Medicaid fraud prevention," Senator Hannon said. "New Yorkers deserve better accountability in their Medicaid program. Containing fraud, waste and abuse can only enhance the effectiveness of the Medicaid program and result in both excellent medical care for beneficiaries, and the wise expenditure of scarce taxpayer’s dollars."

"With estimates that Medicaid fraud could cost taxpayers billions of dollars each year, we have to bring the program under control, better coordinate our fraud-fighting effort and employ the latest technology to return those savings back to taxpayers," said Senator Skelos. "The information and recommendations we will receive through the hearings will enable us to build on our efforts to dramatically reorganize and reform New York's process of detecting and combating Medicaid fraud and ultimately save State and local taxpayers hundreds of millions of dollars."

In 2005, New York State's Medicaid expenditures were projected to exceed $44.5 billion. The General Accounting Office estimates that fraud accounts for approximately ten percent of all Medicaid spending. That said, other studies suggest that fraud could consume up to 25 percent of certain segments of New York State's Medicaid budget.

Based upon these projections, fraud, waste and abuse within New York State's Medicaid program could cost New York State taxpayers $4.5 billion during the current state fiscal year.

According to a United States Department of Health and Human Services (HHS) report, New York State's Medicaid Fraud Control Unit (MFCU) received $30.6 million in federal grants to fight fraud during federal fiscal year 2003. When coupled with the 25 percent State match, the State MFCU had 295 employees and recovered $24.4 million. In comparison, Florida recovered $21 million, with $8.6 million in federal grants and 127 employees, Texas recovered $31 million, with $2.8 million in federal grants and 43 employees, the District of Columbia recovered $13 million, with $1.2 million in federal grants and 16 employees, New Jersey recovered $42.6 million, with $2.2 million in federal grants and 36 employees, and California recovered $39.4 million, with $16.2 million in federal grants and 189 employees.

During the three-year period federal fiscal year 2001-2003, New York State's MFCU recovered an average of 72 cents for every $1 in federal grant funding received. As compared with the three-year averages for California ($1.98), Florida ($3.14), Texas ($4.96) and New Jersey ($5.76), New York State could have realized hundreds of millions of dollars in additional recoveries by achieving a similar rate of return.

The Creation of the Office of the Medicaid Inspector General

"The Senate has led the way in identifying efficiencies to control the growth of Medicaid and to improve the quality of the health care delivered. Fraud devalues both of those goals by wasting tax dollars and also straining the system to the point where quality is compromised," said Senate Health Committee Chairman Kemp Hannon (R, Garden City), co-chair of the Senate Medicaid Reform Task Force. "Our hearings on the Medicaid Inspector General have demonstrated the need for such an office, the methodologies which could be utilized and the potential for significant savings for New York's taxpayers."

The Medicaid Inspector General (MIG) Chapter 442 of 2006 S.8450 (SKELOS)
The Senate’s Comprehensive Medicaid Fraud Legislation Includes the Following Provisions:

      1. Office of Medicaid Inspector General: The legislation consolidates the Administration's Medicaid program integrity responsibilities and over 600 staff from each of the six involved Executive-level state agencies into a new Office of Medicaid Inspector General within the Department of Health. While the Office must remain within the Department of Health to receive federal matching funds and maintain access to the necessary claims information, its operations will be completely independent. The Inspector General will be required to meet stringent qualifications and serve at the pleasure of the Governor. To help focus the Office's efforts and promote the necessary organizational culture, the legislation requires all Office staff to be co-located, except for regional office personnel.

        The Office will focus on three main functions: compliance, investigation and recoupment/sanctions. To this end, it will review all Medicaid expenditures and investigate those identified as suspected fraud or abuse. It will have the power to withhold payment until the claim is determined to be appropriate (up to 30 days under federal law), impose administrative sanctions and pursue civil recoveries and third-party recoveries, i.e., coordination of benefits with health insurers. The Office may also bring civil recovery actions.

        For those fraudulent claims determined to be criminal, the Office will serve as the investigative entity for provider fraud cases prosecuted by the Attorney General's Medicaid Fraud Control Unit ("MFCU") and local district attorneys. Along with the state Welfare Inspector General, district attorneys also prosecute recipient fraud.
      2. Improved Technology: The Senate bill authorizes and directs the Department of Health to contract with vendors for upgraded information technology necessary to detect Medicaid fraud, conduct utilization review and coordinate third-party benefits (health plans). Improved technology would improve accountability in Medicaid expenditures throughout the process and coordinate benefits with health plans to ensure Medicaid is the payer of last resort.
      3. New Medicaid Fraud Offenses and Penalties: The Senate bill creates new Health Care Fraud offenses to facilitate the criminal prosecution of Medicaid fraud.
      4. Local Share for Certain Medicaid Recoveries: The bill would enable local social services districts (i.e., counties and the City of New York) to receive up to 15 percent of the gross amount collected from a fraud investigation if the district participates in the identification, investigation or development of a Medicaid fraud case. A local social services district could also receive up to 15 percent of the gross amount collected for participating in criminal fraud cases referred to the Attorney General.
      5. Health Insurance Fraud Report: The Senate bill requires the State Insurance Department to annually submit a report detailing its investigation of health insurance fraud cases submitted by health plans. Currently, SID is investigating 2.9 percent of all such cases, far below levels for other types of suspected insurance fraud.
      6. Corporate Compliance Program: As a prerequisite for Medicaid eligibility, the Senate bill requires larger Medicaid providers to implement Sarbanes-Oxley style corporate compliance and internal controls programs designed to prevent improper and inaccurate billings and fraud. The Senate bill also creates an Advisory Opinion process to encourage proper billing.
        The legislation builds on Senate Medicaid fraud initiatives that were included in the 2006-07 State budget including:
  1. A $500,000 budget appropriation for the New York Prosecutors Training Institute (NYPTI) to conduct an educational program relating to Medicaid fraud for local district attorneys and to prepare form materials and perform research; and
  1. The establishment of a local Medicaid fraud demonstration project in Chemung County, which is developing a fraud detection system that uses the latest technology to review inappropriate utilization of services.

February 2nd, 2006 Public Hearing

On February 2nd, 2006, a Joint Hearing of the New York State Senate Standing Committees on Social Services, Children and Family Services and the Medicaid Reform Task Force, was Co-Chaired by Senator Hannon, Chairman of the New York State Standing Committee on Health, and Senator Raymond R. Meier, Chairman of the New York State Standing Committee on Social Services, Children and Families. The hearing was held at Hofstra University's Leo Guthart Cultural Center Theater, Axinn Library, located in Hempstead, New York.

The purpose of this hearing was to further examine the State and Federal laws, regulations and practices, as they relate to Medicaid Fraud detection processes, and to determine the best means by which the system can be improved within New York State.

During the hearing, officials from other states, health care and insurance industry representatives, and Federal, State and Local government officials were requested to testify. The result of the hearing was an improved sense of how to achieve greater accountability in the expenditure of public funds on the Medicaid Program.

Expert testimony was gathered from Brian Flood, Inspector General of the Texas Health and Human Services Commission. Mr. Flood presented compelling information on the topic of the Texas Medicaid Reform and the changes that have come about in his State as a result of the reform. This has enabled our State to comprehend the vast differences between the Medicaid fraud recovery monies being realized by Texas and other States, in comparison to our’s.

According to the Department of Health and Human Services (HHS), New York State's Medicaid Fraud Control Unit (MFCU) received $30.6 million in federal grants, for the 2003 Federal Fiscal Year, specifically earmarked to fight fraud and abuse. There was also a 25 percent share in State matching funds. The New York State MFCU, with its 295 employees, recovered $24.4 million.

Florida recovered $21 million from $8.6 million in federal grants with 127 employees. Texas recovered $31 million with only $2.8 million in federal grants and 43 employees. The District of Columbia recovered $13 million with $1.2 million in federal grants and 16 employees. New Jersey recovered $42.6 million with $2.2 million in federal grants and 36 employees. California recovered $39.4 million with $16.2 million in federal grants and 189 employees.

When comparing fraud recovery cents on the federal dollar spent during Federal Fiscal Years 2001-2003, New York's MFCU only recovered $.72 for every $1.00 of federal grant funding. However, in comparison, California recovered $1.98, Florida recovered 3.14, Texas $4.96 and New Jersey $5.76. This hearing was instrumental in the creation of the 2006 legislation on
the Medicaid Inspector General. It has enabled the Senate Majority to set up an appropriate guideline for controlling fraud. The hearing allowed the legislature to review this framework of comparison regarding Medicaid fraud management tactics, to those that have been successfully employed in other States. This will further allow New York State to realize these needed savings.

 

Avian Influenza and Pandemic Preparedness Hearings

In October of 2004, Senator Kemp Hannon held a public hearing to discuss and investigate issues involving vaccine production and distribution and flu vaccine shortage, in the wake of media and research on pandemic flu. The hearing, which was entitled: "Does Our Vaccination System Need a "Shot in the Arm"?, successfully answered many of the questions that concerned citizens and legislators had regarding the necessary improvements to the system of ordering, pricing, production and distribution of vaccines to the public at large. A series of recommendation resulted from this review.

Shortages in vaccine supply were disrupting the public health message of disease prevention and wellness. The 2004 flu season had marked the second consecutive year in which flu vaccines were not readily available to the public. This created a tremendous barrier for those who were seeking to become immunized and threatened the health and safety of those who did not have access the vaccine. At that time, routine recommendations for vaccines were being altered and adjusted in response to shortages, which became disruptive of an entire health care system. Children not properly immunized could not enter school and were susceptible to deadly childhood diseases. There was also strong concern for the welfare of older adults and those with compromised health, who are extremely vulnerable to the flu; their systems cannot effectively combat viruses.

Experts in the fields of health care, local and State government, the business community and medicine and research were asked to focus on the following questions:

      1. Why are vaccines in short supply? Production clearly does not meet demand, as have we have experienced not only shortages in the flu vaccine, but in childhood immunizations.
      2. Why do manufacturers leave the vaccination market? All states and government itself, have a public purpose to protect the health and safety of their populations. The National Immunization Program of the Center for Disease Control supports these efforts through its vaccination programs, thereby creating sufficient demand for the vaccine products. Why is this demand not sufficient to encourage more interest by manufacturers?
      3. Is the vaccination distribution system sufficient? Wholesalers are responsible for the majority of the distribution of vaccinations to health care providers. Is this system efficient or are there recommendations for improvement?
      4. How are vaccinations priced? It is important vaccinations remain affordable to the general public. What components comprise the price of a vaccination? Are there administrative fees, distribution costs or other hidden costs that are factored into the final price?
      5. What should government’s role be in assuring routinely recommended vaccinations are in sufficient supply and readily available? Should more domestic production be encouraged?

March 10, 2006 Public Hearing:

On March 10th, 2006, Senator Hannon co-chaired, with Senator Michael Balboni, a public hearing, in Mineola, to investigate new threats in influenza and pandemic preparedness. The hearing, which was the first of its kind, was entitled: "Surge Capacity and the Avian Flu: Can New York’s Healthcare System Meet the Challenge?"; it examined and answered questions regarding the potential for an avian influenza ("bird flu") pandemic in New York.

Among those who testified were: William Raub, Senior Scientific Advisor to the Secretary of Health and Human Services; New York State Health Commissioner Antonia Novello; the State's Senior Advisor for Homeland Security, Ted Hallman; as well as a number of private and public health officials on Long Island. This panel actively explored the possibility of an avian flu pandemic within the United States and investigated New York's level of preparedness for such an event. Experts were asked to expand upon the following questions:

1. How real is the threat that the avian flu will reach our shores and escalate into a full-fledged pandemic?

2. Will our state and local governments, hospitals and healthcare providers, and other authorities be prepared to respond in the event of an outbreak?

3. Are there enough hospitals beds (sufficient surge capacity) or will healthcare providers be overwhelmed?

4. How much vaccine will be needed and is it being stockpiled?

In the weeks prior to this hearing, newspapers around the country heavily featured stories of the avian flu virus spreading from Asia to Europe and Africa. Many countries were calling for the slaughter of birds. The virus was spreading with alarming speed and officials and medical researchers were questioning the modes of flu transmission, from bird to bird, bird to human, and human to human. The day before the hearing, U.S. Homeland Security Secretary Michael Chertoff, had announced that bird flu could reach the United States in the next few months due to the migration of wild birds.

Senator Hannon (6th Senate District, Long Island) said, "Communication and cooperation among local, state and federal government, as well as private industry, will be the hallmarks of any successful effort to thwart a flu pandemic or any successful emergency response. In a response to such emergencies, respect must be given to these multiple constituencies. As always, protecting the public’s health, demands strong leadership, a strong infrastructure for surveillance and epidemiological investigation, and strong innovate strategies. New York State is prepared for the challenge."

Senator Hannon’s comments were further reinforced by testimony given at the March 10th hearing. Several of the experts pointed out that, while no one can predict the full ramifications of a pandemic emergency in the United States, communication and cooperation among local, state and federal governments and the health industry is essential to the creation of a firm planning strategy and full emergency response capacity.

As a result of these expert hearing testimonies, Senator Hannon, and the Members of the Senate Majority, created bills, that have since been enacted into law by the Governor, which will foster immunization and vaccination against influenza, pneumococcal and other deadly diseases. For more information on these new chapters, please visit the Health and Legislative Highlights for 2006 on Senator Hannon’s website, under the chapter areas marked "Immunization and Vaccination". This year, these key pieces of legislation made enormous strides toward changing public health policy and raising public awareness.

In addition, the New York State Department of Health released its Influenza Pandemic Plan in February of 2006. This plan is in accordance with the newly revised federal standards on preparation guidelines for states. It can be accessed on the New York State Department of Health Website at: http://www.health.state.ny.us/diseases/communicable/influenza/pandemic/docs/pandemic_influenza_plan.pdf

For up to date information and research on avian influenza please visit the Centers for Disease Control and Prevention website area on this issue at: http://www.cdc.gov/flu/avian/

 

Health Insurance Coverage and the Uninsured Hearing

In Albany, New York State Senator, Kemp Hannon, (R-C, Nassau) Chairman of the New York State Senate Health Committee and Senator James Seward,(R-C, Milford) Chairman of the New York State Senate Insurance Committee, co-chaired a public hearing to explore ways in which New York can expand health insurance coverage for uninsured New Yorkers.

"The goal of the hearing is to examine other state health care insurance initiatives, and to develop best practices so that we can learn from their experiences. Then, New York can build upon its own successful and affordable health insurance programs" said Senator Hannon. In addition to looking at other states’ activities, the Chairs were also seeking input from members of the business community and other industry experts to determine what steps New York can take to make health insurance more affordable and accessible.

"Employers and individuals alike are greatly affected by the skyrocketing cost of health insurance. Inevitably, as health care costs increase so do the number of uninsured in the state" said Senator Seward. "Small business owners are struggling with rising costs, and are particularly burdened by the expense of providing health insurance to their employees. They are often forced to either shift more of the cost to their employees or to terminate benefits altogether. We will be looking for ways to reduce some of this burden and to help make it easier for employers to provide health benefits to their employees".

For the first time in many years, New York’s uninsured rate of 14.7% is now below the national average, due largely to the expansion of its publicly sponsored health insurance programs through the 1115 Medicaid waiver, the Partnership Plan. Medicaid and Child Health Plus have enrolled 2.2 million children and Family Health Plus has enrolled 536,000 adults.

Health insurance coverage through Healthy New York, a state subsidized health insurance plan for small businesses, the self-employed and low wage workers, has seen increased enrollment since its enactment in 2001, and has enrolled over 100,000 individuals with an average of 7,000 new enrollees per month. Likewise, in EPIC, a New York State sponsored prescription plan for seniors, over 360,000 have already enrolled and saving on average 80% of the cost of their medications. Today, nearly 2.8 million New Yorkers are enrolled in publicly-sponsored health insurance programs, and over 300,000 seniors received state subsidized prescription drug coverage, bringing that number to over 3 million covered New Yorkers.

New York’s Health Insurance Programs

SFY 2005-06 Cash Disbursement

in Millions

Bad Debt and Charity Care

$819

Family Health Plus

$438

Child Health Plus

$345

EPIC

$541

Healthy New York

$144

Total

$2,287 billion

Source: Senate Finance

"New York continues to struggle with others who have not benefited from these great programs; those who may be eligible but have not accessed the programs or who simply do not have access to insurance coverage" said Senator Hannon. Often times employer-based coverage is available but may not be affordable, so workers may choose not to enroll. Secondly, people who lose their jobs or change jobs may lose their health insurance coverage. And third, buying individual coverage in the private insurance market can be prohibitively expensive. "Examining how other states approach this conundrum is a smart exercise" said Senator Hannon.

 

 

What Can Our State Consider?

The June 6th Public Hearing on State Initiatives for Extending Health Coverage for the Uninsured focused on the recent expansion plans and proposals implemented in other states. The goal was to explore all avenues in which New York might expand upon its already enriched programs. A wide array of experts was invited to give their testimony and recommendations before the New York State Senate. Each shared their own experiences with health care expansion proposals and the potential implications of employing similar plans here in New York. Experts were asked to consider the following issues:

      1. Explore who is without health insurance coverage in New York and how lack of health insurance affects their access to health care services.
      2. Investigate reasons why employer-sponsored insurance is not sufficient in providing health insurance coverage and the role of public-sponsored health insurance in increasing access to health care.
      3. Analyze the concept of employer and individual mandates to provide/buy health insurance.
      4. Define "affordable" health insurance coverage.
      5. Discuss health maintenance organizations’ ability to maintain flexibility in benefit and pricing design for products via a high deductible plan or a health savings account. Also, analyze how HMOs provide comprehensive care through these plans.
      6. Evaluate New York’s current legislative proposals that would create an employer mandate on businesses in New York, whereby employers would be required to provide health insurance to their employees or pay an assessment and look into primary factors that influence whether or not businesses offer health insurance coverage to their employees.
      7. Consider reforms to current insurance law and regulation that could be adopted to reduce the skyrocketing cost of health insurance premiums and promote greater access to coverage.
      8. Explore new measures that New York could implement that would make it easier for businesses owners to offer health insurance to their employees.

Background

It is estimated that over 45 million Americans under the age of 65 (16% of the population) are uninsured. Nearly 16 million are underinsured, with insurance that does not adequately cover overall health needs, including the possibility of a catastrophic health event. Of the estimated 45 million American adults who were uninsured in the last year, 67% were in families where at least one person was working full time. Employer-based health insurance, which was once regarded as the cornerstone of the American health care system, has eroded.

A recent study by the Commonwealth Fund suggested that more than 25% of workers in companies with 500 or more employees do not receive employer based coverage. Workers and their families have turned to government funded health care with increasing frequency in recent times. As job-based health coverage declines, the employers cost shifts to their employees. Such cost shifting has increased the State’s health care expenditures. These expenditures have begun to outpace the overall rate of inflation.

Many business owners express fear that government mandates to shift cost sharing back onto businesses will result in the mass closure of enterprises and widespread economic unrest. The cost of providing health care, and the technology employed to provide that care, has increased dramatically since the times when most employers covered their workers. The members of the business community, who arrived to give testimony, mirrored this sentiment. This in turn provided added insight into the attentiveness that New York State must have when weighing any type of "fair share" legislation. Many community members feared the worst: employer’s payments for health insurance reducing their worker’s wages, businesses altering hiring practices to avoid the mandate and businesses relocating to another state, or curtailing positive expansion, because of a mandate.

Proponents of universal coverage remind us that research has consistently provided evidence that the lack of health insurance ultimately compromises one’s overall health. Individuals, who are less likely to receive preventative care, are more likely to be hospitalized for avoidable problems. Additionally, they are more likely to be diagnosed in the advanced stages of a serious disease.

An important aspect that one must explore, prior proposing an expansion plan, is the estimated cost, beyond what is currently being spent on state medical care, that the new plan will generate.

One study from the Kaiser Commission on Medicaid and the Uninsured estimated that the total spending for those who would gain coverage under a universal expansion, in 2004, would increase the total cost by $48 billion, on top of the spending level of almost $125 billion, which includes all uncompensated care, out-of-pocket payments and insurance payments for those covered for only part of the year.

Other state initiatives have provided a window into the type of questions that New York will ask before acting on any health insurance expansion proposal. For example: Who is not currently covered and why? Who is currently eligible for our current State programs (Medicaid, Family and Child Health Plus and Healthy New York), but are not covered by these plans and why? What are the characteristics of those who just miss eligibility (for example, in some other states there is a trend of young working adults with no, or limited, coverage) If a new plan is implemented, how will that affect all of those who are currently enrolled in our State’s programs?

The testimony of various hearing experts consistently relayed the sentiment that, in designing a plan for all, we must remain cognizant of cost, not only to the State, but also to those who will share the cost of coinsurance, deductibles co-payments for the plan. Business owners, community agencies, recipients of care, insurers, care managers and the providers of care each play an important role in the expansion of care. Each must be considered, separately and in connection to one another and each must be considered not simply for what they can offer, or for what can be offered to them, but as a base framework expanded coverage. We must be able to glean from experts in the field what the ultimate price of providing coverage, or nor providing it, will be.

Health insurance premiums rose nearly 13% last year, which represented the fifth straight year of double-digit increase. Small business owners are especially burdened by the rising health care cost. Often they must decide between providing insurance to their employees or none at all. Many provide the insurance and then are forced to either shift more of the cost to employees, or to terminate benefits altogether. Many times, the small business employer and employee work side by side, which only adds to the difficulty of making such a decision. It is clear that New York will continue to remain interested in seeking novel strategies to make health insurance more affordable and accessible for working individuals and their employers.

New York currently holds an uninsured rate of 14.7%. This is below the national average, due largely to the expansion of its publicly-sponsored health insurance programs, Medicaid, Child Health Plus, Family Health Plus, and Healthy New York. Over 800,000 or 15% of adults in New York, however, are eligible for Medicaid and Family Health Plus but remain uninsured. Still, much of the uninsured and underinsured are lower and middle-income working individuals, with incomes that fall above the eligibility rate for the public programs. Unfortunately, the same individuals still cannot afford to purchase health insurance in the individual market. Several work for businesses that simply cannot afford to offer health plans to their employees. "Both small and large businesses within New York see the rewards of providing benefits, including health insurance coverage to their workers through the retention of a well-trained and highly motivated workforce. We want to support businesses in this endeavor" said Senator Hannon.

New York

New York has made great strides in expanding coverage to its uninsured residents. In 1990, through state legislation, New York enacted the Child Health Plus Program (CHP) to ensure that children, up to the age of 13, from families who have a low-income, receive comprehensive outpatient health care services. In 1997, services were expanded to include inpatient health care services as well as raise the age limit to 19. Today, CHP has enrolled 415,000 children and is currently available at a subsidized rate to families that have net incomes of 200% FPL ($40,000 for a family of four) and Medicaid has enrolled 1.8 million children.

In 1995, there were approximately 160 school-based health centers in New York serving 140,000 students. Today, there are 191 school-based health centers serving more than 200,000 children.

In 1997, New York’s section 1115 Medicaid Demonstration Project, the Partnership Plan, was approved. The demonstration moved approximately 2 million Medicaid beneficiaries from a primarily fee-for-service delivery system, to a mandatory managed care environment. In 2001, the Family Health Plus (FHP) amendment was approved. FHP expanded health insurance to working families up to 150% FPL ($14,700 annually). Prior to 2001, these populations were covered in the state’s Safety Net program. FHP is delivered via managed care organizations and has a smaller benefit package versus traditional Medicaid.

In 2001, New York established Healthy New York as a model for improving access to insurance for small businesses, the self-employed and low-wage workers. Health plans are reimbursed for 90% of claims paid between $5,000 and $75,000 on behalf of a member in a calendar year. Approximately 57% of enrollees are working individuals, 18% are sole proprietors and 25% are enrolled through small employer groups. As of October 2005, Healthy New York has taken off with more than 100,000 active enrollees, and averages more than 7,000 new enrollees per month.

New York reduced barriers while increasing retention in publicly sponsored programs by:

  1. Aligning Medicaid and Child Health Plus eligibility rules for children.
  1. Unveiling a new, more user-friendly, application form.
  1. Eliminating the requirement for a face-to-face interview for persons renewing their Medicaid eligibility by allowing them to use a simplified renewal form.
  1. Streamlining the renewal form for Child Health Plus permitting self-attestation for most eligibility factors, including income. The renewal rates for CHP increased from 50% in 2003 to 72% in 2006.
  1. In 2000, the Department launched a facilitated enrollment program to provide applicants with assistance in applying for health insurance.

Since 1998, the number of uninsured children in New York has declined by 40 percent. Since the implementation of Family Health Plus, the number of uninsured adults in New York has declined by eight percent.

During the public hearing, several recommendations were made on how to best achieve a permanent, yet flexible form of, coverage for all. It was decided that a "cookie cutter approach" would not be useful in our State. Rather, a plan would be required, that would support consumers while avoiding excessive mandates on recipients, providers, employers and insurers. Models for consideration included: plans with flexible benefits and product design, the possibility of health maintenance organizations (HMOs) offering health savings accounts, consumer directed health care, health insurance portability between employers and geographic locales, individual and employer mandates, chronic disease management programs, "buy-in programs" and plans that raise the income limits of those over Federal Poverty Level standards for inclusion in State plans.

Consumer directed health care plans consist of a number of strategies, which attempt to galvanize the power of consumers, by creating potentially cost-containing choices as health insurance options. The hope is that a consumer driven model would eventually constrain the rising cost of health care, which is now estimated to increase, from 16% of our gross domestic product (GDP) in 2004, to 20% by 2015.

Health savings accounts (HSAs) are often viewed as a key component to increasing the flexibility and affordability of benefit design. They are a central feature of consumer directed health care. HSAs, a form of medical savings account, are accompanied by a health plan. These typically feature a high deductible, for example $1,050 for an individual and $2,100 for a family. The plan allows individuals to save and withdraw tax free money to pay for their medical expenses by extending the tax subsidy for health insurance premiums to their out-of-pocket medical spending. Employers would have the option of contributing to employees’ accounts from pre-taxed income.

The desired end result of the HSA is to enable employees and consumers, to use their own money for care. In this way, HSAs have the potential to create an environment conducive to careful review of one’s health care pricing and then shopping for the most affordable health packages (as one might do for any other product). Through the "Connector", Massachusetts allows an individual, or an employer group, to purchase any type of health insurance product that is appropriate for them. One such option is a HSA with a high deductible plus catastrophic coverage.

Arguments against HSAs, which were not necessarily articulated by witness, assert that plans would undermine access to health care when a significant number of adults, with deductibles of $1,000 or more, reported at least one of four cost-related access problems. These problems include: not filling one’s prescription, not going to a specialist for care when medically necessary, and skipping a recommended test or follow-up. Additionally, if insurance is left to a catastrophic coverage plan only, a potential disincentive is created. One might delay seeking preventative care until acute care is required. This is not only dangerous, but costly to all.

Chronic Disease Management

Data suggest that health care costs are inextricably linked to chronic disease care management some are piloting programs which create incentives for physicians who participate. Percentage discounts can be made to employers whose employees participate in disease management activities. Private entities can also provide chronic care management through public funded coverage (such as with Medicaid Managed Care).

In Vermont, the cost of treating chronically ill patients accounts for 75% of health spending in the State (over $3 billion per year). Thus, Vermont has implemented legislation which focuses, in part, on chronic disease management plans. Several other states also offer consumer directed initiatives, within their Medicaid Programs, which center on empowering the consumer through disease management and wellness activities that are fostered by special premiums. Individuals are incentivized to maintain healthy wellness profiles. Opponents to these methods site the potential drawbacks for those who are living with hard to manage chronic conditions.

Portability of Health Insurance Coverage

In Massachusetts, individuals are able to purchase health insurance through pre-tax dollars and are able to keep that insurance even if they transfer to another job. In other words the health insurance is attached to the person and not the job. The idea of "blanket continuation policies" emerged. Under this model, health plans are created which adjoin states within a given geographic region to facilitate interstate portability.

Individual and Employer Mandates

Massachusetts and Maryland have enacted "pay or play", or "fair share" legislation mandating employers to provide health insurance to their workers. Hawaii has also implemented an employer mandate. Massachusetts’ proposal mandates individual responsibility and requires all residents to purchase health insurance by July 1, 2007. Employers with 11 or more workers can either provide health coverage or pay an annual fee of $295 per worker. In Massachusetts, residents with an annual household income up to 300% of the federal poverty level ($60,000 for a family of four) are provided with a subsidy to assist in purchasing health insurance

The overall cost associated with state mandated programming, and implementation, is still unrealized. The success of the individual mandate hinges upon the affordability of plans, the subsidies available to those who must purchase plans and the contributions from state government and employers that fund the subsidies. The estimated cost of implementation for the Massachusetts program is $1.2 billion over the next three years, to cover 550,000 uninsured individuals. Using the same ratio for implementation, the cost per person in New York would be $2,182.82, or $6.5 billion total to cover nearly 3 million uninsured individuals.

 

The Maryland Mandate

In January 2006, Maryland became the first state to pass legislation that would hold large, profitable corporations responsible for offering affordable health care coverage to their employees. Maryland’s Fair Share Health Fund Act or the "Wal-Mart bill" seeks to tax only companies of 10,000 or more employees. Further, the companies do not provide at least 8 percent of total wages in the state in health insurance benefits to employees. Those spending less must increase such expenditures to the required level, or else pay the difference into a newly created public health care fund. Large nonprofit employers in the state must spend at least 6 percent of their payroll on health care. Because of these requirements, Wal-Mart was the only company that qualified for the mandate. Revenue generated from the assessment will be allocated to the State’s Medicaid Program. Money deposited into the fund is then used to defray the cost of the uninsured in the State’s Medicaid Program.

At the time of our hearing, Maryland’s Fair Share Health Fund Act was under challenge in Federal Court. The Retail Industry Leaders Association (RILA) had filed a lawsuit claiming that the law preempts the Employee Retirement Income Security Act (ERISA) of 1974 and cited it as "an unlawful intrusion on the comprehensive federal framework for the administration and regulation of employee benefits plans..." They also argued that it is, "a discriminatory, irrational regulation of commercial activity in violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution..." On July 19th, US District Judge Frederick Motz ruled that the Maryland law violates the federal ERISA. Maryland's Attorney General vowed to appeal this ruling, and lawmakers said they would rewrite the legislation to comply with ERISA failing other judgment.

Wal-Mart’s Executive Vice President, Susan Chamber stated that Wal-Mart’s "coverage is expensive for low-income families, and Wal-Mart has a significant percentage of employees and their children on public assistance and in 2004, 38% of enrolled Wal-Mart associates spent more than 16% of the average Wal-Mart income on health care."

Many states are considering "fair share" bills like Maryland, however, policy makers are waiting the outcome of the court challenge. RILA has also filed a similar lawsuit against companies in Suffolk County, New York.

The success of any individual mandate will depend on the affordability of the plans, the subsidies available to those who must purchase plans and the contributions from state government and employers that fund those subsidies. Several witnesses in the business community worried that employers could become the focus of costly experimentation for health care cost containment projects. Overall, businesses stood opposed to New York’s "Fair Share" (S.7090 in New York State) legislation, which would mandate a levy (per hour based upon each covered employee) on employers that employ 100 or more employees. This financial assessment would be paid annually to a state fund earmarked for the subsidization of the health care costs of all uninsured and underinsured New Yorkers. Those in the business community estimate that the "fair share" assessment would generate the largest tax increase in the history of New York, at $8.4 billion.

Many businesses currently endorse the "Freedom Health Insurance Plans" bill (S. 1405A in New York State), which boasts a multiple strategy approach to reducing the number of uninsured and a means of helping people afford health insurance. It employs the private market, tax advantages and state subsidy of the commercial market to bring health insurance within the means of every New Yorker. It also makes use of health savings accounts.

Proponents of "fair share" legislation argue that large businesses are shifting the cost of providing health care coverage for their employees to government sponsored insurances (Medicaid, Child Health Plus and Family Health Plus). Furthermore, they argue that 40% of New York’s businesses already pay at least $3 per hour in health benefits; another 30% of businesses pay between $2 and $3 per hour. Their assertion is that the "fair share" bill would not impose any additional costs on businesses. Proponents of the "fair share" bill estimate that it would provide coverage to 450,000 to 500,000 uninsured and 200,000 to 300,000 employees who are currently enrolled in Medicaid or Family Health Plus. It would result in approximately $4 billion in additional health care spending by businesses.

In Illinois, the Kids Care Rebate Program allows for a Medicaid eligible family to make a choice between enrolling in the State Medicaid Program, or an employer sponsored and State fortified health plan, which affords consumers some further choice on the matter.

Low Income and the Expansion of Coverage in Other States

Vermont

Vermont’s Catamount Health, Maine’s Dirigo Choice and Massachusetts' Commonwealth Care products expand coverage to those with a low-income, who are uninsured, by offering sliding scale premiums for individuals below 300 % of the federal poverty level. These programs are funded by a variety of sources including: cigarette tax, individual premiums, employer assessments and private health plans that participate on a voluntary basis. Funding for Maine’s program is based on savings realized from other State programs.

In recent months, Massachusetts, Maryland, Illinois and Florida have enacted health care reform proposals to expand health care coverage to the uninsured and underinsured. These activities range drastically from one another. Some have implemented the Federal 1115 Medicaid Waivers, which afford states the ability to share the cost of health care expansion. Through demonstration projects, with the Federal Government. Others have extended coverage to specific segments of the population, for example to children. Others still, have created employer and individual mandates to purchase health insurance coverage.

Still unresolved in Massachusetts, are the issues of the individual mandate and the cost of implementing the program. The success of the individual mandate hinges upon the affordability of the plans, the subsidies available to those that must purchase plans and the contributions from state government and employers that fund the subsidies. Also, it is estimated implementation of the program will cost Massachusetts $1.2 billion over the next 3 years to cover 550,000 uninsured. When fully implemented, using the same ratio, the cost per person in New York would be $2,182.82, and the total cost to New York would be $6.5 billion to cover its nearly 3 million uninsured.

 

Massachusetts

On April 12, 2006, Governor Mitt Romney signed into law landmark legislation aimed at expanding health care coverage to nearly all of the 550,000 uninsured residents in the state. Two main factors led to passage of the bill. Massachusetts stood to loose $385 million per year for two years if it did not pass a reform plan to cover the uninsured. Also, a ballot proposal, prepared by a powerful coalition of health policy advocates. It required a more substantial payroll tax based contribution from employers. Other factors included the lobbying of the business community to accept and compromise on the employer assessment and increasing Medicaid payments to providers. The Massachusetts Health Care Reform Plan is expected to the cost $1.2 billion over three years.

The cornerstone of this plan is the "Connector," which is a marketplace in which consumers can shop for and buy health coverage from competing health insurers. It enables small-business employees and individuals to buy the personal, portable health insurance of their choice. It has been compared to the Federal Employee Health Benefit Program, which allows federal employees to choose from a variety of competing, private health insurance plans and keep the plan of their choice if they change jobs within the federal system.

The 5 main provisions of the Massachusetts’ Health Care Reform Plan:

      1. The Individual Mandate: Everyone in the state is required to purchase health insurance by July 1, 2007 and if they choose not to purchase the plan they will incur financial penalties of up to 50% for the cost of a health insurance plan. Residents will be able to satisfy the mandate by purchasing catastrophic coverage through a high-deductible health plan or a Health Savings Account (HSA).

      2. The Employer Mandate: Employers with more that 10 employees will be required to offer a Section 125 "cafeteria plan" that allows employees to purchase health insurance with pre-tax dollars. They would be able to transfer that benefit to other employers. If they chose not to offer the "cafeteria plan," they are required to pay a "fair share" contribution of up to $295 annually per employee, which is deposited into the State’s uncompensated care pool. Businesses with 10 or fewer employees will not be subject to this levy.

      3. The Deregulation of the Health Insurance Market: The Massachusetts Health Care Reform Plan allows small businesses and individuals to buy insurance through the "Connector," which will expand coverage options, especially for those in the individual market. It also allows health maintenance organizations to offer HSA-qualified high-deductible health plans, which are more affordable than other plans. Third, it permits insurance plans offered through the Connector to contract with health care providers as they choose, relieving them of the costly "any willing provider" requirements, thereby ensuring patients are allowed to see providers that offer the best value. And fourth it permits insurers to offer plans to individuals between the ages of 19 and 26 and places a moratorium on any new insurance mandates while the State conducts a review of all mandated benefits.

      4. The Expansion of Medicaid Coverage and Benefits: The Commonwealth Care Health Insurance Program expands the number of low-income unemployed who can receive MassHealth (Medicaid) and preserves eligibility coverage for immigrants and individuals with disabilities. It also allocates funding to help reach out to people who are currently eligible but not enrolled in state coverage program. Three million dollars has been allocated to increase Mass Health eligibility for children up to 300% FPL or $60,000 for a family of four and Medicaid-like coverage is extended to adults below 100% FPL ($9,600 for an individual), who are eligible for comprehensive benefits with no premiums or deductible.

      5. The Quality Improvement Initiatives: The plan also includes provisions to reduce racial and ethnic disparities and create funding for public health and prevention programs (e.g. smoking cessation) and a Computerized Physician Order Entry (CPOE) initiative. Providers will receive increased Medicaid payments for meeting the aforementioned quality improvement initiatives.

Funding for the plan will be derived from leveraged federal matching dollars, enhanced State spending, redeployment of uncompensated care dollars, employer contributions and $308M from the General Fund.

Illinois

Illinois has also expanded health insurance coverage for its uninsured children. On November 15, 2005, Illinois Governor Rod Blagojevich signed the Covering All Kids Health Insurance Act ("All Kids"). Beginning in July 2006, All Kids will expand coverage to an estimated 253,000 uninsured Illinois children, whose families over the Medicaid or SCHIP (Kid Care) limit. Monthly premiums will be charged on a sliding scale by income.

  1. Families of four with annual household incomes between 201% and 300% FPL, or $40,000 to $60,000, will pay $10 co-pays for physician office visits and a $40 monthly premium for one child. In families with two or more children, monthly premiums will total $80. Maximum per child per year co-payments is $500.

  1. Families with annual household incomes between 301% and 400% FPL or $60,000 to $79,000 will pay $15 co-pays for physician office visits and a $70 monthly premium for one child or a $140 monthly premium for two or more children. Maximum per child per year co-payments is $750.

  1. Families with annual household incomes between 401% and 500% FPL or $80,000 to 99,000 will pay $20 co-pays for physician office visits and a $100 monthly premium per child. In addition, such families will pay 15% or prescription drug costs. Maximum per child per year co-payments is $500.

Families with higher annual household incomes also qualify, but there is a substantial increase in monthly premiums.

All Kids is open to all children under the age of 19, including undocumented children and state employees’ children, who are currently not eligible for KidCare. Advocates predict that All Kids will cast a broad net and enroll hard-to-reach children who qualify for KidCare, but whose parents have not applied because of doubts about their eligibility.

All Kids will be funded through Illinois’s application for a Federal Medicaid Waiver. Hopefully, this plan will shift an estimated 1.6 million beneficiaries enrolled in KidCare, Family Care and traditional Medicaid into a primary-care case management program (Medicaid managed care). This plan also incorporates disease management for the chronically ill into public programming. The estimated savings is $56 million in the first year.

Florida

On October 19, 2005, the Centers for Medicaid and Medicare Services (CMS) approved a Section 1115 waiver. With this, Florida reshaped their role from health care centralized decision maker, creating and managing health care services, to a purchaser of health care services, responsible for ensuring systems of care and delivery of quality services.

The premise of the Florida reform plan is increased market competition. This, they believe, will inspire innovation, efficiency in Medicaid coverage, as well as patient responsibility and empowerment.

The 5 Main Components of the Florida Program:

      1. Private-sector health care provider networks will be allowed to create benefit packages that cater to the needs of Medicaid recipients. Participants choose the plan that best meets their needs with the help of their "choice counselor";
      2. The State will pay provider networks a monthly, risk-adjusted premium per patient;
      3. Medicaid participants will be allowed to opt-out of Medicaid plans and use their state-paid premium to purchase employer-sponsored insurance;
      4. Participants will be able to earn enhanced benefits, to be placed in flexible spending accounts, by participating in healthy practices and making responsible lifestyle choices. These benefits will give participants extra funds with which to purchase health care services not covered by their plan; and
      5. Providers will be free to compete for the membership of participants by offering innovative care, convenient networks, and optional services.

Currently, two-thirds of Florida’s Medicaid recipients are served through the traditional fee-for-service program. The waiver will initially be implemented as a pilot in Broward and Duval counties and will require participation by disabled adults, parents and pregnant women (incomes below 23% of FPL or approximately $300 per month for a family of three) and children (age 0-1 under 200% FPL, age 1-6 under 133% FPL and 6-21 under 100% FPL). The program will be phased in over five years to other counties in Florida and will begin on July 1, 2006.

Conclusion

 

A common thread relayed throughout the testimonies was: a "one size fits all" model does not seem to work for New York State. To realize the goal of affording all residents with a financially reasonable and accessible health insurance coverage, we need to find programming actually reducing the number of the uninsured while  recognizing present stake holding groups. Moreover, it became clear the political and regulatory environments in each State are unique.

     New York has made trailblazing strides in health care through the implementation of its special programs. There is, however, cause to investigate the additional health insurance concepts emerging in other states. It is important we stay informed and current to each state’s developments and the respective successful strategies and sub-strategies employed in reducing the size of  their un-insured population.

 

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Revised: April 18, 2007 .