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Families USA's Center for Affordable Whole Person Care Newsletter

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News from Congress

Cassidy, Hassan Release Policy Framework on Medicare Site-Neutral Reform to Lower Health Care Costs – Sens. Cassidy (R-LA) and Hassan (D-NH) 

Senators Cassidy and Hassan released a bipartisan legislative framework to advance “same service, same price” reforms. The framework outlines a proposed site-neutral Medicare payment reform that would lower health care costs for patients and save taxpayer dollars. Current Medicare regulations allow hospitals to take advantage of the higher Medicare payment structure for hospitals, allowing them to charge the highest possible price for services that can be done in less expensive settings. Many procedures can be done safely and in a less expensive setting like a physician’s office, yet hospitals continue to charge higher prices to do the same. 

 

Refusal of Recovery: How Medicare Advantage Insurers Have Denied Patients Access to Post-Acute Care – U.S. Senate Permanent Subcommittee on Investigations 

The United States Senate Permanent Subcommittee on Investigations released a majority staff report on “Refusal of Recovery: How Medicare Advantage Insurers Have Denied Patients Access to Post-Acute Care.” The report examines how large insurance companies used prior authorization to deny care for Medicare Advantage patients. It also recommends that CMS begin collecting prior authorization information broken down by service category, conduct targeted audits based on adverse determination rates, and expand regulations for utilization management.  


The Latest from the Biden Administration

 

 

Calendar Year 2025 Medicare Physician Fee Schedule Final Rule - CMS 

CMS released the CY 2025 Medicare Physician Fee Schedule (MPFS) final rule. They finalized a number of critical changes to the Medicare payment system, including new and improved payments for the delivery of advanced Primary Care, additional financial support for Accountable Care Organizations serving under-resourced communities, and extension of incentive payments to encourage providers to adopt alternative payment models. Through adoption of this rule, CMS takes critical steps to improving the health care payment system and helping drive the delivery of the affordable, high quality and equitable care that our nation's families need and deserve. 

 

Calendar Year 2025 Outpatient Prospective Payment System Final Rule - CMS 

CMS released the CY 2025 Outpatient Prospective Payment System (OPPS) final rule, bringing key changes to the Medicare payment system to drive the delivery of high quality and equitable care. Included within the final rule is the following: 

1) establishing national health and safety standards for the first time for the delivery of obstetric services to meet the health needs of moms and babies. 

2) enacting new quality measure reporting requirements to ensure hospitals' deliver equitable care, including assessing a patients' health related social needs. 

3) expanding Medicare access to people who were formerly incarcerated.  

In this rule, CMS did not strengthen hospital price transparency rules or expand same service same price policies. 

 

Increasing Organ Transplant Access (IOTA) Model Final Rule - CMS  

CMS released the Increasing Organ Transplant Access Model (IOTA) Model final rule. The model aims to increase access to kidney transplants for people living with end-stage renal disease (ESRD). As finalized, IOTA will be a mandatory model for half of transplant hospitals, beginning July 25, 2025. The final rule made several modifications to the proposed rule, including the removal of the health equity adjustment provision and changes to the quality measure set, as was recommended by Families USA in our comment letter. CMS did not replace the health equity adjustment or quality measure set with alternative solutions, but has indicated they will continue to address this model through future rulemaking. 

 

States Advancing All-Payer Health Equity Approaches and Development (AHEAD) Model Participants Announced - CMS 

CMS announced participants in the States Advancing All-Payer Health Equity Approaches and Development (AHEAD) Model across three cohorts. Cohort 1, consisting of Maryland and Vermont, will begin their first performance year in 2026 and operate through 2034. Cohort 2, consisting of Connecticut and Hawaii, and Cohort 3, consisting of Rhode Island and five New York counties, will each run from 2027 to 2034. Participants in the AHEAD Model will receive upfront payments that cover the total cost of care for all patients and in turn must assume responsibility for managing health care quality and cost across all payers. The goals of the model are to curb health care cost growth, improve population health, and advance health equity by reducing disparities in health outcomes. 

 

Medicare Shared Savings Program Continues to Deliver Meaningful Savings and High-Quality Health Care - CMS 

CMS announced this week that the Medicare Shared Savings Program (MSSP) resulted in more than $2.1 billion in net savings and $3.1 billion in shared savings payments for participating Accountable Care Organizations (ACOs) in 2023. MSSP is the largest alternative payment model operating today, responsible for paying 480 participating Accountable Care Organizations (ACOs) and 608,000 clinicians who deliver care to nearly 11 million people with Medicare. This is the 7th straight year that MSSP reported savings. In addition, MSSP ACOs scored better on many quality measures than physicians not affiliated with MSSP, and demonstrated continued quality improvement.  

Not All Selected Hospitals Complied With the Hospital Price Transparency Rule – Office of the Inspector General (OIG) 

The Office of the Inspector General (OIG) released a report that details the results of an audit on hospitals for compliance with the Hospital Price Transparency (HPT) Rule. This rule requires that hospitals’ lists of standard charges be made available to the public via the internet in a machine-readable format and that hospitals update this information annually. The audit found that roughly 46% of hospitals did not meet the HPT standards, suggesting that more work must be done to ensure consumers can access a list of hospital prices and make informed choices about the cost of medical care. 

 

Medicare Advantage: Questionable Use of Health Risk Assessments Continues to Drive Up Payments to Plans by Billions – Office of the Inspector General 

The Office of the Inspector General (OIG) released a new report on Medicare Advantage (MA). OIG investigated two sources of enrollee diagnoses – health risk assessments (HRAs) and chart reviews – that were particularly vulnerable to misuse by Medicare Advantage plans. They found that diagnoses reported only on HRAs and chart reviews were responsible for more than $7.5 billion in MA payments. Additionally, just 20 MA companies drove 80% of those payments, suggesting intentional misuse and abuse of the system. OIG recommends that CMS impose additional restrictions on the use of diagnoses only reported on HRAs or chart reviews to prevent further abuse. 

 

Medicare $2 Drug List Model- Request for Information (RFI) - CMS 

CMS has announced a new Request for Information regarding the Medicare $2 Drug List Model. The Innovation Center’s Medicare $2 Drug List Model proposes testing whether a simplified approach to offering low-cost generic drugs can improve medication adherence, yield better outcomes, and increase beneficiary and prescriber satisfaction. Specifically, the model will enable Medicare Part D sponsors to offer a standard set of generic drugs at a fixed copayment of up to $2 for a month’s supply. CMS is asking interested parties to provide input on specific aspects of the model, including: $2 Drug List development, maximizing plan participation, CMS outreach, and sponsor outreach. Comments are due back to CMS by December 9, 2024.  

 

State Updates 

Decision Issued in Surprise Billing “TMA III” Appeal – The Fifth Circuit of Appeals, Texas 

The Fifth Circuit issued a unanimous 3-0 decision in the “Texas Medical Association III” appeal, largely reversing Judge Kernodle's district court opinion. Most importantly, the opinion addressed the Departments’ appeal of the holding on Qualifying Payment Amount (QPA) methodology provisions.  

The Fifth Circuit reversed Judge Kernodle's vacatur of all of the challenged QPA methodology provisions, which will effectively restore those provisions. Restoration of these provisions could make QPA consideration more favorable in IDR arbitration, which could result in more disputes won by insurers. Experts expect that insurers winning more disputes will help contain premium cost growth for consumers. 

 

Maryland Drug Affordability Board allowed to set upper payment limits – Maryland General Assembly 

The Maryland General Assembly, by a 16-5 vote, approved a plan to set upper payment limits on exorbitantly priced drugs in the state. The Prescription Drug Affordability Board can now set limits on how much state and local government plans will pay to drug companies for certain medications. The drugs under consideration for these limits include Ozempic, Dupixent, Trulicity, Jardiance and Farxiga. The drugs will go through a lengthy cost review process to evaluate the economic impact and reason for the cost before the board decides on setting upper payment limits. 

 

Report on the impact of hospital facility fees in Colorado – Colorado Department of Health Care Policy 

The Colorado Department of Health Care Policy released a report on the impact of hospital facility fees in Colorado, which was commissioned by House Bill 23-1215. The report found that hospital outpatient department facility fees contributed approximately $50.8 million - $53.7 million more in reimbursement on an annual basis for the top 25 codes reviewed across Medicare and commercial payers when compared to expected reimbursement for independent providers. Moreover, the total amount of facility fees reported in the Colorado All Payers Claims Database (APCD), administered by the Center for Improving Value in Health Care (CIVHC), was $13.4 billion over the 6-year study period from 2017 to 2022 for Commercial and Medicare payers. These facility fees represent costs that are passed on directly to consumers, greatly increasing the cost of health care for the average patient in facilities where such fees are charged. 

 


Health Care Value in the News 

 

Hospital Consolidation

Ascension to close small hospital, consolidate, close other services across southeast Wisconsin - WPR 

Justice Department sues UnitedHealth over Amedisys deal – Becker's Hospital Review 

 

Hospital Pricing    

‘Unlimited dollars’: how an Indiana hospital chain took over a region and jacked up prices – The Guardian 

Hospital price increases since 2000 outpaced inflation by more than double, Baker Institute report says – Rice University 

 

Health Equity   

The Impact Of The Election On Health Policy And The Courts – Health Affairs 

  

No Surprises Act

No Surprises Act independent dispute resolution outcomes for emergency services – Health Affairs 

 

Payment Reform

VillageMD ACOs Achieved Major Savings for Medicare in 2023 - BusinessWire 

Does Higher Spending On Primary Care Lead To Lower Total Health Care Spending? - Health Affairs 

Opportunities To Enhance Design And Implementation Of ACO REACH’s Core Payment Model Design Elements – Health Affairs 

 

Prescription Drugs

Public Opinion on Prescription Drugs and Their Prices - KFF 

Unlocking The Full Potential Of Generic Drugs For Patients – Health Affairs 

How Medicare Is Causing Patients To Overpay For Prescription Drugs – Health Affairs 

 

Price Transparency

Hospital price transparency continues to drop: report – Healthcare Dive 

Transparency rules may even out hospital prices - Axios 

 

Site Neutral Payments   

Philanthropists Laura and John Arnold warn: Beware hospital consolidation – STAT News 


Families USA Resources

 

Publications and Reports

Families USA released a fact sheet, “The Nuts and Bolts of Medicare Physician Payment – And Why it Needs Reform,” explaining the failures of current payment systems to deliver affordable and high-value health care to patients across the U.S. It also makes detailed recommendations to reform the current system by advancing reforms to the physician fee schedule and alternative payment models. 

 

Families USA released an Insights column titled: “Transforming Care: Addressing Health Inquities and Pitfalls Through Innovative Models of Care.” The piece contains an interview with Paul Gibbs, a kidney transplant recipient about his struggles with access and cost during his care experience. Gibbs discusses the need for innovative changes in payment and delivery reform to support patients throughout the care process. 

 

Families USA released a fact sheet breaking down routine MRI procedures in states across the country that inexplicably cost more to patients if they are done at a hospital instead of a clinic or doctor’s office. “Americans Could See Major Savings on Routine Imaging Services if Congress Makes, ‘Same Service, Same Price” a Reality” highlights the need for comprehensive policy solutions that could provide relief to millions on Americans with commercial insurance and save hundreds of billions in cost to seniors, working families, and American taxpayers.  

 

Families USA brought together leading health advocates for a National Organizing Rally titled “The Time is Now: Coming Together to Win Against Big Hospital Corporate Greed,” to energize national and state partners for the Congressional lame duck fight to rein in the greed of big health care corporations. The discussion included the state of play on key pro-consumer policy reforms, such as price transparency and site-neutral reforms, and what advocates can do to push Congress to take action during this critical period. 

 

Families USA hosted a webinar, “Overpayment, Marketing Abuses, Care Delays and more: Top Priorities for Medicare Advantage Reform,” with an expert panel discussion about MA policy challenges, including some of the biggest abuses driving MA overpayments, key policy solutions, and opportunities to organize and advance a pro-consumer MA policy agenda in 2025. 

 

Resources from our Partners

Arnold Ventures 

Without Site Neutrality, the Differential in HOPD and Office Medicare Payments is Growing Faster than Medical Inflation 

 

Coalition Against Surprise Medical Billing (CASMB) 

Employers, Health Plans Oppose Legislation to Make Arbitration More Costly for Consumers 

 

Health Care Payment – Learning Action Network (HCP-LAN) 

2024 APM Measurement Results 

 

National Partnership for Women and Families

Enhancing Women's Behavioral Health Through the IBH Model

 

Public Citizen 

Impacts of Expanding and Lowering a Cap on Out-of-Pocket Drug Costs 

 

Upcoming Events

From the Frontlines: Forging the Path Forward Together: Health Action Conference 2025

Register now to join us for Families USA’s annual Health Action Conference 2025! This two-day hybrid event, held on January 23-24, 2025, at the Capital Hilton in Washington, DC, marks a pivotal moment for health advocacy as we enter a new administration.

This year, we celebrate 30 years of collaboration while looking forward to shaping the future. Together, we'll ensure everyone in America has access to high-quality, affordable health care. Join us to learn from national experts, network with fellow advocates, and equip yourself with the tools to drive impactful policy change. We’ve just announced the full agenda, which can be accessed here! 

 

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If you would like to reach out, please contact Mike Persley, Strategic Partnerships Campaign Manager, at [email protected]

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