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Families USA's Center for Affordable Whole Person Care Newsletter

This newsletter will be sent out every other month to bring you the latest news from the front lines of the health care value movement and our work to rein in health care industry abuses and reorient economic incentives to ensure affordable, quality, equitable care and health for all.  

  

We'd love to hear from you! Please contact Mike Persley, Strategic Partnerships Campaign Manager, at [email protected] if you have any news to share for our next issue.     

News    Admin    State Updates    Value in the News    Resources


News from Congress

H.R. 4366: Consolidated Appropriations Act, 2024 - House, Senate, and President Biden 

After passing the U.S. House and Senate, President Biden signed H.R. 4366 into law. The law averts a partial government shutdown and includes key health care extenders such as eliminating  scheduled reductions to Medicaid Disproportionate Share Hospital program, mitigating cuts to the Physician Fee Schedule, and extending the Teaching Health Center Graduate Medical Education Program, the National Health Service Corps, and the Community Health Center Fund. Left of out this package, however, was the Lower Costs, More Transparency legislation, which contained key reforms on price transparency and site-neutral payments. 

 

Senate Committee on the Budget Hearing: “How Primary Care Improves Health Care Efficiency" - Senate Committee on the Budget 

The Senate Committee on the Budget held a hearing on the importance of primary care where witnesses noted concerns with the fee-for-service payment system, the Relative Value Scale Update Committee (RUC) and the Medicare Physician Fee Schedule having devalued primary care relative to specialty services, leading to a compensation gap.  

 

Families USA submitted a Statement for the Record to the Senate Budget Committee detailing policy on health care payment and delivery reform that values and invests in primary care. Specifically, the statement advocates for establishing new methods that more accurately determine physician payment rates that have historically under-reimbursed – including high-value services like primary care – as well as moving toward value-based care through the development of a primary care hybrid model within the Medicare Shared Savings Program. 

 

House Energy and Commerce Health Subcommittee Hearing: “Health Care Spending in the United States: Unsustainable for Patients, Employers, and Taxpayers” - House Energy and Commerce Health Subcommittee 

The House Energy and Commerce Health Subcommittee held a hearing on the growing cost of health care and what factors are causing cost increases for consumers across the nation. Sophia Tripoli, Senior Director of Health Policy at Families USA, testified at this hearing on the health care affordability crisis and how trends in health care industry consolidation have eliminated competition and allowed monopolistic pricing to push our nation’s families to the brink of financial ruin. To view her testimony, visit this link. 

 

Senators Cortez Masto, Blackburn, Thune, Barrasso, Stabenow, and Warner Announce Formation of Medicare Payment Reform Working Group – U.S. Senate 

U.S. Senators Catherine Cortez Masto (D-NV), Marsha Blackburn (R-TN), John Thune (R-SD), John Barrasso (R-WY.), Debbie Stabenow (D-MI), and Mark Warner (D-VA) announced the formation of a Medicare payment reform working group. The primary goal of this group is to investigate and propose long-term reforms to the physician fee schedule and make necessary updates to the Medicare Access and CHIP Reauthorization Act. 

 

H.R. 7591 – National Patient Safety Board Act of 2024 – U.S. House of Representatives 

Representatives Nanette Diaz Barragán (D-CA) and Michael Burgess, M.D. (R-TX) introduced H.R. 7591, which seeks to address safety in the health care system by establishing an independent board within the U.S. Department of Health and Human Services to reduce and prevent patient injury, harm, and death. The creation of a National Patient Safety Board is a critical step in ensuring patients receive high quality care and preventing medical errors, which cost 250,000 lives and $17 billion to the health care system every year. This legislation is supported by a broad swath of stakeholders, including members of the National Patient Safety Board Advocacy Coalition. 

 

To learn more about this issue, please join Families USA on Tuesday, April 2, at 1:00 pm ET for a webinar: First Do No Harm: Addressing the Patient Safety Crisis. 


The Latest from the Biden Administration

Biden-Harris Administration Announces New ACO Primary Care Flex Model - CMS 

Beginning January 1st, 2025, CMS will test a new payment model for primary care within the Medicare Shared Savings Program. Participants will receive a one-time Advanced Shared Savings Payment and monthly prospective, population-based payments. Approximately 130 Accountable Care Organizations will be selected to participate in this model, which tests whether improved payment for primary care will empower providers to utilize innovative, team-based, and person-centered approaches to primary care. The model will run for four years and is open to participants who are low revenue ACOs in the Shared Savings Programs. 

 

Fact Sheet: President Biden Takes New Steps to Lower Prescription Drug and Health Care Costs, Expand Access to Health Care, and Protect Consumers - The White House

In his annual State of the Union Address, President Biden highlighted the Biden-Harris Administration’s continued efforts to keep health insurance premiums low through the American Rescue Plan and Inflation Reduction Act, expand the impact of prescription drug provisions of the Inflation Reduction Act, close the Medicaid Coverage Gap, make care more accessible, ensure access to mental health care by working to finalize the mental health parity rule, and prevent surprise medical bills. 

 

CMS Releases New Independent Dispute Resolution Reports for the No Surprises Act - CMS

CMS released new data from the No Surprises Act’s Independent Dispute Resolution (IDR) process, revealing that providers are winning roughly 70% of IDR cases. Additionally, resolved disputes are resulting in significantly higher payments to providers than anticipated, ranging at the median between 100% to 916% of the Qualifying Payment Amount (QPA), depending on specialty. As drafted in the No Surprises Act statute by Congress, the IDR process was intended to center payments around the QPA, but repeated litigation including lawsuits led by the Texas Medical Association (TMA) - TMA II and TMA III - has erased guardrails surrounding the IDR process, potentially resulting in these much larger payments to providers, which would impact health care premiums over time. 

 

Data Book: Beneficiaries Dually Eligible for Medicare and Medicaid – MedPAC and MACPAC

MedPAC and MACPAC released new data from 2021 on dually eligible beneficiaries for Medicare and Medicaid. The data shows enrollment, utilization, and spending data for these beneficiaries by state as well as by gender, race, ethnicity, urbanicity, and health conditions. Dual-eligible beneficiaries were more likely to be exclusively enrolled in managed care [either a Medicare Advantage (MA) plan or other type of Medicare health plan] than non-dual Medicare beneficiaries (46 percent vs. 38 percent). Among those exclusively enrolled in managed care, more than half of dual-eligible beneficiaries (54 percent) were enrolled in D–SNPs, which are specialized MA plans that exclusively serve dual-eligible beneficiaries. 

 

 

Federal Trade Commission, the Department of Justice and the Department of Health and Human Services Launch Cross-Government Inquiry on Impact of Corporate Greed in Health Care – FTC, DOJ, HHS

The Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) have launched an inquiry, including a public Request for Information (RFI), into private equity firms’ and other corporations’ increasing consolidation in the health care market. Comments on the RFI will be accepted until May 6th, 2024. Comments will inform future priorities and actions on competition in health care and ensuring patients have access to affordable, high-quality health care. 

 

CMS Announces New Model to Advance Integration in Behavioral Health - CMS

CMS announced a new model to test approaches for addressing the behavioral and physical health, as well as health-related social needs, of people with Medicaid and Medicare. The Innovation in Behavioral Health (IBH) Model’s goal is to improve the overall quality of care and outcomes for adults with mental health conditions and/or substance use disorders by connecting them with the physical, behavioral, and social supports needed to manage their care. Under this model, community-based behavioral health practices will form inter-professional care teams consisting of behavioral and physical health providers, as well as community-based supports. The model will launch in Fall 2024 and is anticipated to operate for eight years in up to eight states.

 

 

State Updates 

Recommendations to the California Health Care Affordability Board: Proposed Statewide Spending Target – California Office of Health Care Affordability   

The California Office of Health Care Affordability has made a final recommendation to adopt a five-year, single fixed-value statewide spending target of 3.0% for 2025-2029. This recommendation uses median household income as the basis to inform the spending target. A 3.0% target places California on the path of a more sustainable, affordable, and equitable health care system, slowing the trajectory of growth and improving affordability for all. 

 

House Bill 1327 – Indiana General Assembly 

Indiana State Representative Donna Schaibley (R) introduced House Bill 1327, which would require ownership transparency for hospitals, physician group practices, and insurers in the state. If passed,  ownership information of these entities would be collected by the state government and posted on a public website. Failure to comply with this regulation would result in a fine for the entity. The bill has passed the House and has been referred to the Indiana State Senate. 

 

SB 15: Health Care Consolidation Oversight Action – New Mexico Governor’s Office  

After advancement by both chambers of the state legislature, SB 15 was signed into law by New Mexico Governor Michelle Lujan Grisham. The bill gives New Mexico’s Superintendent of Insurance the power to review and approve, approve conditionally, or disapprove transactions involving hospitals in New Mexico. Transactions include mergers, acquisitions, and affiliations which could change ownership. It will also grant the office post-transaction oversight over hospitals. 

 

HB 1508: Improving consumer affordability through the health care cost transparency board - Washington Governor’s Office 

After advancement by both chambers of the the state legislature, HB 1508 was sent to Governor Jay Inslee’s desk. The bill would direct Washington’s Health Care Cost Transparency Board to conduct an annual survey about underinsurance among the state’s residents, as well as authorize the Transparency Board to mandate performance improvement plans or civil monetary fines to payers and providers who frequently exceed the state’s health care cost growth benchmarks.  

 

Letter to Steward Health CEO: “Years of Mismanagement, Scheming, and Profiteering Now Pose Urgent Threat to Hospitals in Massachusetts” – Senators Elizabeth Warren and Ed Markey 

Senators Elizabeth Warren (D-MA) and Ed Markey (D-MA) are investigating the troubling transactions since 2010, which have left Steward Health’s Massachusetts hospitals with crippling debt. As these hospitals near closure, the Senators are seeking answers about the role that private equity firm Cerberus Capital Management has played in mismanagement, private equity schemes, and executive profiteering while patients, unpaid vendors, and employees of the health system have suffered. 


Health Care Value in the News 

 

Hospital Pricing    

Employer-Sponsored Health Insurance Premium Cost Growth and Its Association With Earnings Inequality Among US Families - JAMA 

Opinion Poll: Rising Healthcare Costs Continue to Hurt Small Business Bottom Lines – Small Business Majority 

   

Health Equity   

CMS’s 2024 Physician Fee Schedule: A Catalyst For Integrated, Whole-Person Care And Improved Health – Health Affairs 

Bridging The Home-Based Primary Care Gap In Rural Areas – Health Affairs 

   

Payment Reform   

Whistleblower Accuses Aledade, Largest US Independent Primary Care Network, of Medicare Fraud -  KFF 

Toward Maternity Care APMs That Improve Outcomes And Equity – Health Affairs 

Aligning Accountable Care Models With The Goal Of Improving Population Health – Health Affairs 

The Health of US Primary Care: 2024 Scorecard Report — No One Can See You Now – Milbank Memorial Fund 

   

No Surprises Act

In-Network and Out-of-Network Utilization and Pricing – FAIR Health 

No Surprises Act Continues to Prevent More than 1 Million Surprise Bills Per Month, While Provider Networks Grow – AHIP and the Blue Cross Blue Shield Association 

 

Hospital Consolidation   

Hospital debacle puts focus on private equity - Axios 

Rich investors may have let a hospital go bankrupt. Now, they could profit from the land - CNN 

The Final 2023 Merger Guidelines: Will Small Changes From The Draft Version Make A Difference? - Health Affairs 

    

Price Transparency

Good health care price transparency rules are at risk if Congress doesn’t act - STAT 

Knowing Actual Prices Will Help HHS Set The Maximum Fair Price Under The Inflation Reduction Act – Health Affairs 

 

Site Neutral Payments   

Site-Neutral Payments Are Long Overdue. So Why Did The Senate Just Cut Them? - Forbes 

Why Are Hospitals Fighting Site-Neutral Payments So Fervently? - MedCity News 


Families USA Resources

 

Publications and Reports  

Report: The Weight of High Hospital Prices is Keeping American Workers Underwater 

Families USA issued a new report detailing the impact of high and rising hospital prices on workers’ wage stagnation and income inequality. In particular, high hospital prices are helping to drive historic increases in health insurance premiums. Families USA conducted an original analysis and determined that low- and middle-income workers could lose nearly $20,000 in wages between 2020-2030 if policymakers fail to take action and rein in high and rising hospital prices. 

 

A Pro-Consumer Policy Agenda to Achieve Meaningful Health System Transformation 

Families USA, alongside the American Heart Association, National Consumers League, the National Partnership for Women and Families, and Third Way, introduced a new policy agenda discussing payment and care delivery reform. The agenda outlines six policy priorities that will shift America’s health care payment system away from the inefficiencies of fee-for-service and toward population- and value-based care that meet the health and health care needs of people in the United States.  

 

Report: Behind the Cost of Care: An Analysis of High and Irrational California Health Care Prices 

Families USA issued a new report that dives into the health care affordability crisis plaguing Californians as a result of the giant health care corporations that dominate local markets and increase prices year after year. The paper explores the need for innovative policy solutions, such as the new California Office of Health Care Affordability, which holds the potential to provide real relief from years of health care cost growth. 

 

Report: Understanding the Biggest Threats to the No Surprises Act Achieving Its Full Potential 

Families USA issued a new report discussing challenges faced by the No Surprises Act, including more than 25 lawsuits aimed at key provisions in the law, inundation of the Independent Dispute Resolution Process with more disputes than anticipated, and noncompliance by providers or insurers that could place a burden on consumers to know their surprise billing rights and to request their rightful protections. 

 

Report: The Human Impact of Payment Reform 

Families USA issued a new report, which demonstrates, through patients’ stories, how people across the United States have been negatively impacted by the current fee-for-service system and how payment and care delivery reform can improve the patient experience, lower costs, and help people get access to the health and health care that they deserve. 

 

Families USA submits Comments on CMS 2025 Medicare Advantage and Part D Advance Notice for Changes to Medicare Advantage Payment Policies 

Families USA submitted comments to applaud CMS’ work in reining in corporate abuses within the Medicare Advantage program and made recommendations for changes to the 2025 Rate Announcement. These recommendations include applying a higher coding adjustment factor, excluding information collected exclusively through in-home risk assessments, and initiating longer-term reforms the CMS-HCC Risk Adjustment Model. 

 

Resources from our Partners

 

Center for American Progress (CAP) 

Ending Chevron Deference 

 

Commonwealth Fund 

Report Shows Dispute Resolution Process in No Surprises Act Favors Providers 

 

Georgetown Law: O’Neill Institute for National & Global Health Law 

No Surprises Act Litigation: Where We Are and What Comes Next 

 

Leukemia & Lymphoma Society 

Healthcare Consolidation Is Raising Prices and Jeopardizing Cancer Care: Policymaker Recommendations 

 

National Patient Safety Board: Advocacy Coalition 

U.S. House Bill to Establish an NPSB, and Email Your Representative 

 

Patient Rights Advocate 

Sixth Semi-Annual Hospital Price Transparency Compliance Report 

 

Upcoming Events

Please join Families USA on Tuesday, April 2, at 1:00 pm ET for First Do No Harm: Addressing the Patient Safety Crisis. This webinar will explore how the creation of a National Patient Safety Board would be a first step in addressing the patient safety crisis, allowing for data aggregation and analysis, identification of patterns and causes of harm, and creation and dissemination of autonomous solutions that can improve the quality of our care. 

 

Want to Tweet about these issues? Use our partner toolkit!   

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

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