Posted by
Trent Davidson on Thursday, November 05, 2009 4:02:18 AM
My notes from reading the Affordable Health Care for America Act, as proposed by Nancy Pelosi.
Note: HHS = Health and Human Services. There are gaps in the numbered
sections, that's because several sections were cut before the bill was
published to the public. The numbering and ordering below is precisely
how they appear in the version of the ironically titled "affordable
health care for America Act" as published by the US House of
Representatives. This is a 25-page condensation of a 1,990 page bill.
Section 101—sets up a “high risk” insurance pool -- provide health
benefits starting jan 1 2010. costs no more than 125% of market
rate????? Secretary of HHS determines if somebody was “dumped” from
health plan by insurer or employer and recoup costs of covering that
individual. Essential benefits: max deductible 1500, no annual limits
allowed; maximum cost sharing 5000/ind., 10000 family. No pre-existing
condition exclusion. State govts CANNOT cut funding from July 31 2009
levels
Pg 24 line 19 title 101 sec 6—no specifics for eliminating fraud, waste, and abuse
Creates $5 billion immediate slush fund. In the case of
Insufficient funds, Secretary authorized to slash benefits = rationed
care. Authorized to extend temporary high risk pool in order to avoid
lapse of coverage during transition to “health exchange”
Section 102—attempt at lowering rates. Sec. HHS establishes a
national Medical loss ratio for insurance companies, at least 85%- Any
company who pays out less than the loss ratio of revenue from premiums
to pay for medical costs of customers, the insurers must give money
back to customers. This does not include the company’s operating costs,
payroll, etc. Basically, it’s the federal govt telling an insurer how
much profit they are allowed to have and how much money they are
allowed to pay their employees—effective 1 jan 2010
Section 103--Amending previous legislation to make it harder for
insurers to revoke coverage—they must demonstrate obvious fraud; they
must provide written advanced notification of . Allow individuals to
invoke federal watchdog (3rd party review) to force insurer to make the
case for fraud, and insurer must provide coverage until review is
complete—there is no provision for timeliness of this review, meaning
that an individual can simply appeal and wait around with health
insurance while the govt takes 3 to 33 years to review his case.
Section 104--Insurer must justify rate increases from year to year—must ask federal permission to increase premiums.
Section 105--Dependants up to age 27 are covered by parents’ coverage—mandatory
Section 106--Reduces pre-existing coverage “look-back” periods from
12 months to 3 months, making it harder for insurance companies to
identify pre-existing conditions.
Section 107--Domestic Violence cannot be considered a pre-existing condition (pregnancy neither)
Section 108--Forcing insurers to provide surgical benefits for
congenital or developmental deformities of minor children except
cosmetic surgery
Section 109--Bans lifelong coverage caps
Section 110--Bans reduction of coverage or benefits of retirees—employers may apply for waiver
Section 111--Reimburse insurers that are providing coverage for
retirees—anything over 15000 but less than 90000, can be reimbursed
80%. Insurer must use money to reduce premium costs, not as stated
revenue or stock dividends. Creates $10 billion trust fund immediately
Section 112—incentives for employers to introduce health wellness
programs—health awareness education, physical screenings, healthy
living (tobacco, obesity, etc). Dept HHS and Dept Labor will validate a
wellness program and certify it for a grant—equal to $150 x # of
employees, but not more than $50,000 --1 jan 2010
Section 113—extends non-expired COBRA extension coverage until
Health Exchange is stood up. Prohibits states from enforcing expiration
dates, forcing state govts to keep paying.
Section 114—Grants for states to insure uninsured. States that
already have a qualified program don’t get grants. States must pay 20%
of the grant in order to get the grant --funding not specified
Section 115—Enforce standardized administrative actions
electronically. Plan must be in place by 5 years later, and the plan
must meet list of criteria, but no dollar estimate—cost determined by
plan. Standardize claims processing procedures. Cost TBD. Free reign
for HHS to penalize anyone that’s slow to adopt the standards
Section 201—Health plans have to meet new criteria (detailed later)
Section 202—Allows customers to keep the coverage they already have
(i.e. allows private insurers to keep offering plans that people have
already bought in to, they cannot enroll any new persons into those
plans (if they don’t meet the later critieria) 5 yr grace period. After
Y1, individual health insurance coverage MUST be participating in the
Health Exchange.
Section 211—Qualified health benefits plan must have no pre-existing condition exclusion.
Section 212—continuations of coverage guaranteed. In order to axe
anybody, there must be demonstrable fraud or notification of
non-payment of premiums followed by grace period to allow person to pay
up.
Section 213—Limits variance of premiums; For age, most expensive
due to age cannot be more than twice as much as the cheapest due to
youth and vigor. Rates can vary by area according to state insurance
regulators. Uniform ratio of family price to indiv. price. Optional
coverage prices will be determined by central commissioner. Requires a
study and report within 18 mos
Section 214—Requires further research. Buffs up provisions of
other bills, coverage/benefits cannot be limited or denied due to
mental health or substance abuse.
Section 215—standards of provider network. Must have web portal
Section 216—Qualified health plan must insure dependant at option of customer, up to age 27
Section 217—Changes in coverage or costs must be notified 90 days in advance
Section 221—Exchange participants must adhere to standard detailed later, non-exchanged participants have more leeway.
Section 222—Qualified plan must cover: Hospitalization,
out-patient, ER, professional services, equipment and supplies,
prescriptions, rehabilitative services, mental health, substance abuse,
behavioral health, preventive vaccines, maternity, well-baby,
prosthetics and orthotics. There will be NO COST SHARING for maternity
or well baby/child or vaccines.
Cost share total max 5000 for ind and 10000 for family per year.
This increases proportional to the increase in premiums per year.
Coverage is 70% of actuarial value.
Govt can’t mandate that a plan cover abortions, but does not
prohibit federal funding of them (pg 110,) Dental care will be
determined in a study to be conducted within 1 yr
Section 223—Health Benefits Advisory Committee. Consists of 21-27
people, 10-18 of which appointed by president. Determines benefit
standards. Dictates cost sharing costs for enhanced and premium plans.
Section 224—procedures for adopting benefit standards. Bureaucratic crap
Section 231—Committee dictates uniform marketing standards for qualified health plans
Section 232—committee directs procedures for grievances due to
denied claims. Findings of the panel are binding upon the insurance
provider. Again, no provision for timeliness
Section 233—Standards for publication of plan information to the
public. Contracting entities have a whole list of info they have to
provide the committee or else face fines and other penalties. It is up
to the insurer to make sure that their documentation is idiot-proof.
Section 234—the commissioner gets to decide the extent to which the standards apply to non-exchange participants.
Section 235—qualified plan must pay with same timeliness as Medicaid advantage.
Section 236—the committee determines standards for coordinating subrogation and reimbursements.
Section 237—Requires providers to simplify administrative processes as dictated by the Social Security Act ???
Section 238—Act does not interfere with state laws prohibiting discrimination against providers.
Section 239—Sec. HHS conducts study of pharmaceutical marketing
practices and their use of physician prescribe information. Directs way
to stop it and enforce “un-biased” marketing practices.
Section 240—Insurer must issue end-of-life counseling info, but Act will not interfere with state law in this regard.
Section 241—Establishes as independent agency in the executive branch the Health Choices Administration.
Section 242—implements and enforces plan standards; maintains
health exchange, manages individual affordability credits; holds
providers accountable through audits that the provider is then forced
to pay for. Maintain stats and collect data; the commission punishes
bad companies—fines, cutting off reimbursments for exchange
participants, prevent the company from enrolling more people
Section 243—Agency has to communicate and collaborate with a whole list of orgs
Section 244—Ombudsman office to deal with RFIs, grievances, etc.
Section 251—Relationship to other acts. Bureaucratic crap.
Section 252—Non-discrimination of health care
Section 253—Whistleblower protection. Standard fare.
Section 254—Act does not infringe on collective bargaining agreements
Section 255—If one part of the bill is determined to be unconstitutional, that won’t impact the rest of the bill.
Section 256—Bill doesn’t impact state of Hawaii’s programs
Section 257—State attorneys general can sue on behalf of anyone in
their state for monetary damages any provider that is found in
violation of the act.
Section 258—Does not impact state or federal laws regarding abortion;
Section 259—Cannot discriminate against a medical service provider because they refuse to perform or refer patient for abortion
Section 260—FTC can prepare all kinds of reports on insurers regardless of for-profit status.
Section 261—act does not dictate in any way responsibilities of providers toward customers in any malpractice claim
Section 262—insurance providers no longer exempt from anti-trust laws
Section 263—Sec. HHS conducts a study on how to increase the use of electronic health records. Report NLT 31 DEC 2013.
Section 301—Health Insurance Exchange. Part of Health choices administration
302—Eligibles for Exchange—Everybody eligible so long as they are
not maintaining coverage elsewhere. This is a gap coverage, enabling
uninsured to get insured until they qualify for other coverage like
medicare, Medicaid, tricare, etc.
303—In exchange, any provider can only offer one plan and one
enhanced plan per area, if offer enhanced, can also offer premium, if
premium, can offer premium-plus. Basic is 70% cost sharing, commission
dictates the levels of other plans. Allowable 10% between tiers. States
can add to minimum requirements and they will be in force.
304—bids and contracts for exchange participating insurers. The
commissioner can waive federal contract standards that get in the way.
Providers are responsible to be licensed in the state they offer in,
provide data mandated by commission, be cheap, accept govt credits, and
accept anybody—up to “capacity”, must include entities that provide
services for low income and “medically under-served” people, and cater
to culture and linguistic differences. Cannot discriminate service
providers based on abortion
305—outreach and marketing for the exchange; enrollment from Sep
to Nov; Automatic enrollment for people not eligible for Medicaid;
enrollees pay insurer directly, are randomly reassigned if their plan
gets axed; heavy reliance on state Medicaid system—the exchange
determines state Medicaid eligibility and punts people off to the
states; establish a plan to assist small businesses in dealing with the
exchange; commission can provide coverage directly or through
“nonprofit” providers selected by commission (huge corruption
opportunity)
306—risk pooling adjustments—bureaucratic crap
307—Establishes Exchange trust fund—fed by taxes on people without
acceptable coverage, taxes on employers not offering acceptable
coverage, and taxes on providers who don’t pass muster
308—states are authorized to operate their own exchanges in lieu
of the federal one, provided it meets minimum federal standards; states
are also allowed to axe their own exchanges
309—Eff 1 Jan 2015 2 or more states can team up for interstate
insurance compacts, subject to federal application approval; the
commission can pay awards for states that do it, up to $1 million per
state—NOTE*** authorizes money in the future without knowing how much
money that will be.
310—Authorizes grants and loans for states to run non-profit
insurance CO-Ops. The CO-OP cannot be state run or sponsored, must
operate by popular vote of members, and be licensed. Appropriates $5
billion for this.
311—nothing in the bill impacts DoD or VA processes.
321—Public Option.---public option only available through the
exchange. Can contract out to operate the administrative requirements.
Create lots of bureaucrats (read: Ombudsmen). Acts as normal plan in
the exchange, same rules apply, can offer enhanced and premium plans.
322—appropriates $2 billion in start up cash; the commission
researches and sets premiums to cover all costs. The plan cannot be
bailed out with federal funds.
323—health care providers that take Medicaid must take public
option, can ask permission to opt out. Reimbursement rates are equal to
medicare. NO ADMINISTRATIVE OR JUDICIAL REVIEW OF PUBLIC OPTION
PAYMENTS IS ALLOWED
324—The commission must seek creative and more efficient ways to
provide services, collect funds, provide payment options, etc.
Standards do not have to be uniform in the public option across
geographical regions.
325—There are preferred and non-preferred physicians. Preferred
accept public option payment as “payment in full”. Non-preferred are
the uppity ones. They agree to not impose charges greater than +15%.
These physicians will get reimbursed less by the Public Option.
326—previously documented fraud and abuse provisions apply to the public option.
327—HIPAA insurance requirements apply
328—privacy act and other privacy legislation apply
329—Public Option is completely optional
330—members of Congress can enroll if they want
331—cooperate with VA to reimburse each other
341—Individual affordability credits—you get to apply to have your
premiums reduced or your cost sharing proportion reduced; only citizens
and legals are allowed, but verificationprocedures include a signature
and a declaration they are legal. No database of illegals/legals is
allowed. Starts off appropriating $30 million. Punts operating costs to
social security administration. Amends social security act accordingly.
It actually requires the administration to report conflicting records
on citizenship status to the state, which is then required to ask the
DHS for citizenship verification. Does not require any action be taken.
Affordability credit cannot be used to help with abortion
342—Credits are available to individuals in the exchange program,
not insured by employer, who makes less than 400% of poverty level.
Also, if your employer offers insurance, but it would cost you more
than 12% of your salary, you are eligible.
343—Premium credit. Chart on pg. 252,. Out of pocket cost caps max out at 5000/year.
344—Cost sharing credit—reduces cost sharing proportion, max out of pocket 5000/year
345—calculating and verifying income for applicants, penalties for liars.
346—special rules for US territories; lots of money allotted
347—No federal payments for illegal immigrants
401—individual responsibility; see section 501
411—employer must: offer indiv. and family Qualified Health
Benefits Plan (QHPB), make contributions toward that coverage, if an
employee declines coverage and gets insurance through the exchange, the
employer must still make contributions to the health exchange.
412—employers required to pay 72.5% of premiums for indiv. and 65%
of premiums for family. Part time employees also get coverage, and
employer payment is proportional to the hours worked by the part time
employee. Employers automatically enroll workers, but employee can opt
out.
413—Employers can choose not to offer insurance, and instead pay
8% of payroll to health choices commission. This money is not counted
as a proportion of the employee’s premiums. Employers with small
payrolls can pay less according to chart on pg 276.
414—the commission can accuse and investigate employers if they
feel they are encouraging employees to decline employer coverage in
order to go to the exchange
415—calls for recurring annual study and report on the impact and
status of employer contributions, making recommendations for possible
adjustments
416—Call for study to investigate if employers should be elibible for exemption due to hardship.
421—massive amendment to the Employee retirement income security
act of 1974—employer fails to pass muster, fined $100/day until
rectified. Max $500,000. also excise taxes as listed in Internal
Revenue Code of 1986—20% penalty
422—employers that fail to comply get taxed
423—amendment to Public Health Service Act to reflect section 421
424—Sec labor, treasury, HHS, and health choices commissioner pow-wow on making rules
501—Amendment to Internal Revenue Code of 1986—If at any time
during a year you don’t have “satisfactory” health insurance, you are
taxed 2.5% of gross income, maxed out at average national health care
premium. Acceptable coverage is a QHBP, tricare, Medicare/aid, or a
grandfathered pre-existing program
511—Amendment to Internal Revenue Code of 1986—taxes and punishments on employers that fail to pass muster.
512-- Amendment to Internal Revenue Code of 1986—8% tax on companies electing to not provide QHBP.—bureaucratic crap
521—assistance for small employers with low-paid employees. Lots of bureaucratic crap.
531—specification of govt. programs to cover insulin and prescription meds
532—more amendments—limitations on “cafeteria” plans—doesn’t count
as QHBP unless salary reduction contributions are less than 2500
533—non-qualifying Health Savings Accounts are penalized a 20% excise tax (currently is 10%)
534—denies tax deduction for federal subsidies for prescriptions
541—sharing taxpayer information among depts. Of treasury and health choices commission
542-544—bureaucratic crap making required adjustments in wording to other bills.
545—Exclusion from gross income for medical care provided to American Indians.
551—additional tax of 5.4% of any adjusted gross income over $1 million for joint filers, $500k for individual filers.
552—2.5% tax on all sales of medical devices unless purchased at
retail. i.e. tax on hospitals and doctors and patients that get their
devices issued by them
553—expands reporting requirements to the IRS
554—Delays the Worldwide Application of Interest option for
additional 9 years—2019. This is a tax option for people with overseas
interests and accounts.
561—prevents treaties from reducing taxes
562—accountancy crap—nickels and dimes from state and local and taxpayers to make tax accounting more favorable to fed. Govt.
563—adjusting tax code to assume larger tax liabilities of large publically traded entities.
571—enabled self-employed individuals broad leeway in claiming health benefits for dependants for tax purposes.
Division B
Medicare/Medicaid “improvements”
1101—adjusts funding for nursing facilities under Medicaid, (guarantee it pushes payments downward)
1102—pushes back expiration date of pre-existing funding for inpatient rehabilitation facilitation coverage.
1103—massive adjustments to payment rate adjustment timelines. Very arcane and virtually impossible to understand.
1111—Adjustment in payment rates for sundry services; authorizes
Sec. HHS to adjust rates in order to make these services “budget
neutral”. Mandates 2% reduction in overall payments for ancillary
services.
1112—mandates a report to Congress NLT 1 Jan 2016 on impact of
reforms in reducing #of uninsured; results of report will push down
funding to Medicaid starting FY2017; size of cuts TBD at that time.
1113—pushes off regulation of hospice care past 2010
1114—extending definitions of post-hospital care and physician care for coding and charging purposes
1121—calls for new feedback reports to be generated on how physicians use Medicaid/are.
1122—review and adjust periodically medical services that may be
“misvalued” in the system. Authorizes to make adjustment to fee scheds
as the dept. sees fit. Appropriated $20 billion for the project.
1123—incentive payments for efficiency (5% bonus). Regions that
charge below reimbursement rates will get it, and region determined by
zip code
1124—modification of physician rating program
1125—Redefines California fee schedule localities. Bureaucratic crap.
1131—more adjustments to fee schedules
1141—wheelchairs and other complex medical products—adjustments to wording and definitions, procedures for leasing and buying.
1142—extends payment for brachytherapy through 2012
1143—report to congress on fee-for-service medicare coverage NLT
july 1 2011.—obviously trying to justify cutting the program or its
funding
1144—requires surgical centers to submit service cost reports to keep on file in govt
1145—research costs of cancer hospitals and how the costs compare with others—authorizes adjustments to reimbursments.
1146—increases presumed utilization rate of imaging equipment from
50% to 75%--meaning less money for equipment, fewer devices. Currently,
there’s 25% less payment for multiple uses on the same patient, the
bill makes it 50% less payment
1147—further regulating medical devices, glasses, oxygen tanks, etc.
1148—bone mass measurement study—report on effectiveness and utility with an eye to kill it
1149—liberalizing payments for post-mastectomy thingies, biosimilar
biological products; conduct study on setting up a mechanism for
providing medical items via contracting bids
1151—cuts payments to hospitals for excess readmissions—if patients
keep getting readmitted, pays out less each time, authorizes funds to
study reasons for readmission and find ways to fix
1152—adjusting procedures for post-acute care by bundling services
and consolidating processes. The pilot program gets $45 million
2010-2012
1153-1154 –adjustments to home health care payments. Bureaucratic crap
1155—making productivity improvements already in place in other
legislation apply to home health services, calls for a study on
variation in home health services, and standardizes procedures for
making initial assessments
1156—provisions on tracking and reporting physician ownership or
part ownership of medical facilities, I guess to deal with conflict of
interest issues—physicians can’t make medicaire funded referrals to
hospitals in which they have an ownsership interest. Funded $5 million
per year every year starting 2010 and forever
1157—calls for study and report to Congress on geographic adjustment factors for medicare payments
1158—Revise medicare payment systems to respond to the geographic
study, but can’t cost more than $8 billion a year in adjustment costs;
the medicare improvement fund will be increased every year by the
amount the Secretary deems necessary to implement adjustments.
1159—calls for study on geographic variation in health service
utilization and promoting high-value health care; geographic influence
on prices, health status, lifestyle, access to medical services, income
and educational levels, etc. Make adjustments to pay schedules. $10
million appropriated for the study and analysis.
1160—implementing recommendations from 1159. Implementation plan
must be budget neutral over 10 years. Dictates congressional procedures
for implementation
1161—significant recalculation of Medicare Advantage benefits and
payouts—downward push, with counties with high usage rates getting some
extra attention. Gives govt free reign to axe Medicare Advantage plans
that them deem noncompliant
1162—takes an administrative process in Medicare that was supposed
to expire in 2010 and makes it permanent. My guess is it’s something
that was pushing down reimbursments.
1163—2 week processing period for annual enrollments, shortens of annual enrollment season
1164—extends contracting process that was supposed to expire in 2010—thru 2012
1165—restricts employer group plan options for medicare advantage—can only be in group plan if 90% of eligibles are enrolled
1166—report due to congress within one year on how to improve risk and payment projections
1167—Kills the Medicare Advantage Plan Stabilization Fund and dumps the money into the Medical Insurance Trust fund.
1168—Calls for a study of changing the way medicare regions are tracked and managed.
1171—Limits cost sharing for individual health services; out of
pocket expenses for individual services cannot be more than if they
were part of larger plan
1172—modifies enrollment season if your medicare advantage plan gets axed
1173—requires MA providers to publish a laundry list of stats,
including medical loss ratio. The plan must have a loss ration of at
least 0.85, if lower, provider must refund money to customers. If they
fail for 3 straight years, they cannot enroll anyone else. If for 5
years, the plan is axed
1174—Secretary can audit any MA plan provider they want, and provider pays the cost
1175—States can enforce federal standards, impose penalties, tattle on provider to govt.
1176—limits special circumstances under which outside-open-season enrollments can occur
1177—extends existing authorization for special need programs to
restrict enrollment. Was slated to expire 2011, this pushes it out till
2016. Extends existing moratorium against certain geographic areas from
2010 to 2012.
1178—buffs up medicare senior housing plans—better plans for
people living in retirement homes. Provides more incentive to put
grandma in a home.
1181—buffs up Medicare part D by $500 in 2010 (per enrollee),
increases medication coverage and reimbursement rates; starting 2011
thru 2019, each year must increase coverage total and decrease
out-of-pocket threshold. Lists progressive % of increase in initial
coverage limits for these years; Additional provision to force drug
makers to provide rebates to individuals—for Part D or MA plans,
anytime a manufacturer’s drug is paid for, that company must pay back
to Medicare a portion of money proportional to the # of doses paid for.
The rebate equals #doses x amount by which medicare rebate amount for
that drug is greater than the average medicare rebate amount; fines
companies big time if they delay or withhold information on pricing and
dosage
1182—Forces pharmaceuticals to agree to discount certain drugs for
Part D and MA and other federal drug plans. While individuals are in a
gap in coverage, due to initial enrollment or other reason, 50%
discount is forced.
1183—deletes a portion of the social security act limiting the timeframe a pharmacy in a hospital or clinic has to make claims
1184—eliminates a form of dual payment of claims by counting a
claim as “paid” when it is covered by other programs. Brilliant and
Revolutionary.
1185—substantive changes in drug plans, coverage, or cost sharing
cannot take place mid-year—has to wait till next enrollment year
1186—Secretary will negotiate for lower costs for drugs and report results to congress
1187—Prescription plan providers are mandated to put in place
controls to track dispensing and cut wasteful dispensing of drugs to
enrollees living in long-term care housing
1188—PSPs have to offer to reduce or waive the co-pay for generic
drugs in order to get people to take the generics instead of the name
brand drugs
1189—secretary can accept state certification as interim licensing for PSP applicants
1191—Sets up bureaucratic committee (Telehealth Advisory Committee)
to sit around and pretend to deal with rural issues with medicare. Adds
Kidney Dialysis to a list of services afforded special reimbursement
for rural areas; sets standards for accrediting “Telemedicine”
physicians
1192—extends special funding for rural hospitals from 2010 to 2012
1193—extends “section 508” classification—higher payment rates for certain hospitals based on region.
1194—extends geographic floor criterion from 2010 to 2012, meaning
that if the cost index (and therefore reimbursement rate) for a region
is found to be below 1.00, it is assumed to be 1.00.
1195—extends payment for certain pathology services that were supposed to expire this year through 2011.
1196—Extends special bonus rate for ambulance service in rural areas from 2010 to 2012
1201—raises the monetary level below which people qualify for
special perks Medicaid. You now have to be less poor to be considered
poorest for Medicaid.
1202—eliminates cost sharing for a narrow group of people—free
health care for people who probably should be in a permanent care
facility
1203—waters down verification procedures for people trying to get low-income special treatment.
1204—Enhanced oversight for retro-active reimbursements for people
who get the low-income subsidy. Must justify by line-item any
reimbursement to the enrollee.
1205—dumbest thing so far. It calls for the use of an “intelligent
process” to assign new enrollees to PSPs. But does not detail it—just
tasks the secretary to actually take logistics and cost into account
when enrolling people.
1206—more liberal enrollment policies for low-income subsidy people
1207—low income subsidy is not counted as income when making low-income subsidy decision
1221—SEC HHS conducts a study on medicare paying for interpreters
for English-impaired enrollees, or some other way of funding them; the
study evaluates which providers are providing what kind of language
services. Appropriates $2 million for the study; authorizes the
secretary to sanction/fine providers that do not provide “adequate”
language services
1222—After the study is complete, provide at least 24 3-year
grants ($500k) to medicare service providers to improve language
services in communities that are “underserved”. Grant priority is given
to providers with partnerships with Community Organizations. This
program is a proof-of concept study that will be used to determine
Medicare payments to providers of linguistic services; the three year
program is appropriated $16million per year for 3 years ($48 million)
1223—Call for a report from Institute of Medicine on the health impact of language access services
1224—defines some critical language-related terms
1231—a waiver on cap of coverage for physical therapy is extended from 2009 to 2011
1232—extends eligibility for dialysis and immuno-supressive drugs for kidney transplant patients
1233—Medicare pays for end-of-life counseling (now called “advance care planning consultation”)
1234—Special enrollment period for enrollees, and Tricare beneficiaries can waive enrollment penalties
1235—normally you use two years ago for computing your
income-related premium, but this creates a special circumstance
allowing you to use last year if your income for that year is less due
to the selling of your home at a loss.
1236—Conduct a fancy little science project trying to help
enrollees make treatment decisions. Developing a “decision aid” for the
enrollee to look at. Can be web portal, video, you name it. Money is
authorized to pay for this, but the amount is not specified—“all
costs”.
1301—Pilot program to find way to reduce the growth of
expenditures. “Redesigned care practices”, rewards for best practices
among physicians. Participants in the program don’t have to be medical
practices—it has to be “organized at least in part for the purpose of
providing physician’s services”. Participants report to a “best
practices” website maintained by the secretary. Program pays out awards
for participating care organizations that do things cheaply. Also
measures “quality of care” in considering best practices. These
measurements are not defined and are left up to the Secretary’s
discretion. Program must start NLT 1Jan 2012. No administrative or
judicial review of the program is allowed, including on the criteria of
and to whom “awards” are paid. The Secretary can establish different
performance standards for different kinds of participating
organizations. The Secretary is authorized to limit participants’
exposure to “high cost patients”. Nudge nudge. Appropriated $25 million
per year 2010-2014 and $20 million for 2015. ($120 million).
1302—5 year Pilot program for medical homes. Incentivize, test, and
track different kinds of care facilities—Independent (operated and
directed by physicians) vs. Community based (not-for profit local or
state-run); medicare will pay these facilities per patient per month,
as determined by the bureaucracy. The secretary can fund the start-up
of community based facilities. $6 millino per year for 5 years just for
operating and administering the program. $200 million per year
2010-2014 for the independent project, $125 million per year 2012-2016
for community based ($1.625 billion) plus initial implementation costs
of $2.5 million per year 2010-2012.
1303—incentive payment of 5% above normal medicare reimbursement
for certified primary care providers (10% bonus if you are in a
registered shortage region)
1304—increases reimbursement rate for certified midwives
1305—waiver of cost-sharing for preventative services (cancer
screenings, diabetic self-care training, screening for glaucoma,
physical exams, vaccines, diabetic screening, etc, etc.) If medicare
currently pays anything for these, it now pays 100%. For others,
coverage will be determined later. Deductible is waived for these
services.
1306—universal waiver of deductible for colorectal cancer screenings.
1307—excludes social worker services from medicare coverage under the skilled nursing facility payment system
1308—medicare coverage of marriage and family therapist services, mental health care provider.
1309—extends existing modification of fee schedule for mental health providers from 2009 to 2011.
1310—expands federal coverage of vaccines. Removes list of approved
ones and replaces list with “federally approved and recommended
vaccines”. Manufacturers of vaccines must enter into rebate agreement
to pay to govt. any payment the receive that is above the average cost
of vaccines
1311—expands medicare covered preventive services at qualified health centers
1312—Another science project. This is to see if they can make
things cheaper by relying on in-home care providers. Sets target
expenditure levels, and pays out rewards if the home-based provider in
the study beats that level by 5%. $5 million per year 2010-2015.
1313—classifies a “certified diabetes educator” as a care provider
under medicare and therefore eligible for payment/reimbursement. Sounds
like some Congressman has a brother in law who is a certified diabetes
educator.
1401—creates a new executive bureaucracy under the Agency for
Healthcare Research and Quality, called “Center for Comparative
Effectiveness Research”. This will poke, prod, and shake health care
data in order to make it look like the reform plan is working. Er…I
mean in order to identify most effective practices, procedures,
practitioners, etc. Tasked to issue grants for research projects that
fall within its mandate. Creates a commission to lead the direction of
health care research in the country. Commission is 3 bureaucrats, 10
practicing physicians, and 6 more leeches drawing a government salary
for pretending to work. For funding, see section 1802
1411—mandates that nursing facilities publish information to
become more transparent—ownership details, governance/administration,
organizational structure, people who lease or sublease parts of the
facility, exert financial or operational control, or donates/lends over
50,000 to the facility
1412—mandates that nursing facilities have in place an ethics
program to prevent and detect civil, criminal, and administrative
violations. Develop and publish regulations on employees. Dictates the
minimum standards of the regulations of this program. Also mandates the
Secretary to implement a Quality Assurance and Performance Improvement
program for nursing facilities. The facilities must report plans to
comply with the program
1413—mandates certain information be present on a govt website to
compare nursing homes. Mandates issuing guidance to states on how they
can interface state services with federal web portal.
1414—reporting procedures of nursing facilities reporting their
costs and expenditures. Separate cost of care providers from
administrative and operating costs.
1415—Secretary must generate and provide for universal use a
standardized complaint form for nursing facility residents. Mandates
that States develop a documented complaint resolution process.
1416—nursing facilities have to report in a uniform manner all staffing and payroll information.
1417—Establish federal program that enables nursing facilities to
check the backgrounds of direct patient access employees. Requires
fingerprint check. Federal agency must report results to State
officials, who then report to facility. To pay for it, states must put
forward some money, and the fed govt matches 3x that amount. Federal
appropriations are unspecified, but maxed out at $160 million.
1421—Authorizes massive fees against nursing facilities that are
found in violation of any federal standards/regulations regarding them
(including these new ones). Violation leading to death--$100k.
violations resulting in harm – between $3k and $25k. And so forth.
1422—Science project!!! Sets up an independent monitoring agency
to provide oversight of large nursing facilities or chains of
facilities. Report management structures, staffing levels, conditions,
staff turnover, yadda yadda yadda. Study will see if this oversight
yields any savings due to augmented efficiency and/or any improvement
in care.
1423—Administrator of a nursing facility must notify federal
agency, state, and legal representation of residents of intent to close
a facility. Must provide 60-day advance notice. The state must ensure
relocation of residents.
1431—facilities are mandated to provide training on preventing abuse of patients suffering from dementia
1432—call for a study on what kind of training is required for nursing facility staff.
1433—documents the qualifications required of a director of food services at a nursing facility.
1441 through 1445 document the standards for measuring quality—the
processes for developing the processes for developing the metrics for
measuring the quality. I don’t care to elaborate—These 15 pages just
may have crushed my soul.
1451—Requires drug manufacturers to report all financial
relationships and transactions with prescribing physicians, covered
recipients, or other entities in the health services chain for that
drug. This also includes the provision and pushing of “free samples” of
medications. Also requires medical facilities to report on physician
ownership of those facilities. Demands a study on the use and medicare
billing of diagnostic imagery and radiation oncology services. MASSIVE
fines for failure to report information.
1461—Hospitals and other care facilities can only participate in
govt health programs if they report to the govt all treatment-related
infections that occur. This information is to be posted and publically
available on govt websites. Secretary has to report aggregate results
annually to Congress, and make recommendations on how to reduce such
infections.