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Caring for the Uninsured: Caring for the Uninsured: Safety Net Hospitals Safety Net Hospitals and Health Systems and Health Systems Barbara Eyman Barbara Eyman Powell Goldstein LLP Powell Goldstein LLP Medicaid Congress Medicaid Congress June 14, 2007 June 14, 2007

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Page 1: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

Caring for the Uninsured: Caring for the Uninsured: Safety Net HospitalsSafety Net Hospitalsand Health Systemsand Health Systems

Barbara Eyman Barbara Eyman Powell Goldstein LLPPowell Goldstein LLP

Medicaid CongressMedicaid CongressJune 14, 2007June 14, 2007

Page 2: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.2

Presentation OverviewPresentation Overview

1. Safety Net Hospitals & Health Systems – Basic Facts

2. Sources of Financing Care for the Uninsured

Current Threats

3. Innovative Models of Care for the Uninsured

Page 3: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.3

Safety Net Hospitals and Health Systems:

Basic Facts

Page 4: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.4

Key Roles of Key Roles of Safety Net Hospitals Safety Net Hospitals

& Health Systems& Health Systems

Care for the uninsured

Emergency response

Specialized services such as trauma,burn care, neonatal intensive care

Train many of the nation’s future health care professionals

Community-based primary care

Comprehensive, coordinated care

Diverse patient population

Page 5: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.5

Source: NAPH Hospital Characteristics Survey, 2004

Discharges byPayer Source

Page 6: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.6

Outpatient Visits by Outpatient Visits by Payer SourcePayer Source

Source: NAPH Hospital Characteristics Survey, 2004

Page 7: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.7

NAPH Hospitals36%

Community Health Centers

64%

Note: This data from FY 2004 represents 914 community health centers that received HRSA Bureau of Primary Health Care grants and the 89 public hospitals and health systems that participated in the NAPH Hospital Characteristics Survey.

Source: NAPH Hospital Characteristics Survey, 2004. U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), Uniform Data Set (UDS), 2004.

Outpatient Visits toSafety Net Providers

(Excludes ED)

Page 8: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.8

Black29%

Hispanic/Latino26%

Asian/Pacific Islander

3%

Other3%

White39%

Source: NAPH Hospital Characteristics Survey, 2004

Discharges by Race/Ethnicity at

NAPH Members

Page 9: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.9

Disproportionate Disproportionate Share of Care to Share of Care to

the Uninsuredthe Uninsured

NAPH hospitals represent only 2 percent of the acute care hospitalsNAPH hospitals represent only 2 percent of the acute care hospitalsin the nation but provide 25% of the uncompensated care.in the nation but provide 25% of the uncompensated care.

25%2%

0%

20%

40%

60%

80%

100%

120%

NAPH Hospitals as % ofHospitals Nationally

NAPH Hospitals % ofUncompensated Care Costs

Nationally

HospitalsNationally

NAPH Hospitals

Source: NAPH Hospital Characteristics Survey, 2004

Page 10: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.10

Net Revenues Net Revenues by Payer Sourceby Payer Source

Medicare20%

State/Local Subsidies

14%

Self-Pay/Other7%

Commercial24% Medicaid

35%

Source: NAPH Hospital Characteristics Survey, 2004

Page 11: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.11

Sources of Financing Care

for the Uninsured

Page 12: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.12

Sources of Financing Sources of Financing for Unreimbursed Carefor Unreimbursed Care

Other, 26%

State/Local Subsidies, 35%

Supplemental Medicaid Payments,

9%

Medicare DSH, 5%

Medicare IME, 4%

Commercial, 2%

Medicaid DSH, 19%

Source: NAPH Hospital Characteristics Survey, 2004

Page 13: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.13

Disproportionate ShareDisproportionate ShareHospital PaymentsHospital Payments

Only Explicit Medicaid Payment for the Uninsured

Total $17 Billion ($9.6B Federal) inFFY 2005

Hospital-Specific DSH Limits No More than Unreimbursed Costs for

Medicaid and Uninsured Patients

State DSH Allotments Set in Statute Based on Historical Spending

Page 14: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.14

State DSH AllotmentsState DSH Allotments(FFY 06)(FFY 06)

AL

AK AZ

AR C

AC

OC

T DE

DC FL GA

HI ID IL IN IA KS

KY LA ME

MD MA

MI

MN

MS MO

MT

NE

NV NH NJ

NM N

YN

CN

D OH

OK

OR PA RI

SC SD TNTX UT

VT VA WA

WV W

I

WY$0

$250

$500

$750

$1,000

$1,250

$1,500

$1,750

Fede

ral A

llotm

ent (

mill

ions

)

Page 15: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.15

Upper Payment Upper Payment Limits (UPLs)Limits (UPLs)

UPL is Limit on Non-DSH Medicaid Payments to Institutional Providers

Supplemental Payments Outside of DSH May Not Exceed the UPL

“UPL Payments” Are for Medicaid Patients Only

Limit = Rates Based on Medicare Payment Principles

Calculated on an Aggregate Basis

Page 16: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.16

$150

$75

$100

$75

$0

$25

$50

$75

$100

$125

$150

$175

$200

Provider 1 Provider 2 Provider 3 Provider 4

Aggregate UPLAggregate UPL

Medicare

UPL = $400Total Pmts = $400

Page 17: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.17

Medicaid Payments Medicaid Payments for Low Income andfor Low Income andUninsured PatientsUninsured Patients

UPL

DSH

Medicaid Uninsured

Cost of Services

BasePmt

DSH

Medicare Rate

Aggregate UPL

UPL

UPL or DSH

Page 18: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.18

Importance of Importance of Supplemental Supplemental

Medicaid PaymentsMedicaid Payments

Source: AHA Annual Survey 2004; NAPH Hospital Characteristics Survey, 2004

All Hospitals Nationally NAPH Members NAPH Members withoutDSH or UPL

Page 19: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.19

Funding Supplemental Funding Supplemental Medicaid PaymentsMedicaid Payments

State General Revenues

Intergovernmental Transfers (IGTs)

Certifications of Public Expenditures (CPEs)

Broad-Based, Uniform Provider Taxes

Page 20: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.20

IGT MechanicsIGT Mechanics

County

State

County ProviderFederal Government

$200 Payment

$100 IGT$200 Claim

$100 FFP

•County provider contributes $100•CMS provides $100 FFP•County provider is reimbursed $200•No state general revenues

•County provider contributes $100•CMS provides $100 FFP•County provider is reimbursed $200•No state general revenues

Page 21: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.21

CMS IGTCMS IGTCost Limit RuleCost Limit Rule

Cost Limit for Governmental Providers

Significant Reduction in UPL

Restrictive Definition of Governmental Providers

Limits Sources of Non-Federal Share Funding

Threatens Viability of Supplemental Payments

Page 22: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.22

UPL

DSH

Medicaid Uninsured

Cost of Services

BasePmt

DSH

Medicare Rate

Aggregate UPL

UPL

UPL or DSH

Medicaid Payments Medicaid Payments for Low Income andfor Low Income andUninsured PatientsUninsured Patients

Page 23: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.23

UPL

DSH

Medicaid Uninsured

Cost of Services

BasePmt

DSH

Medicare Rate

Aggregate UPLCuts

UPL or DSH

Medicaid Payments Medicaid Payments for Low Income andfor Low Income andUninsured PatientsUninsured Patients

Page 24: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.24

UPL

DSH

Medicaid Uninsured

Cost of Serviceswithout GME

BasePmt

DSH

Medicare Rate

Aggregate UPLCuts

CutsCuts

Medicaid Payments Medicaid Payments for Low Income andfor Low Income andUninsured PatientsUninsured Patients

Page 25: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.25

Financial ImpactFinancial Impact

The regulation will have a significant financial impact on The regulation will have a significant financial impact on

states, safety net providers and their communities.states, safety net providers and their communities.

Examples of State Impacts

State

Annual Impact (in millions)

Florida $930Georgia $253New York $350Texas $294

Page 26: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.26

Medicaid Uninsured Low Income Pool

Medicare Rate (UPL)

Cost of Services

DSH

DSH

LIP

UPL

Budget NeutralityUPL

UPL

Waiver-BasedWaiver-BasedImplementationImplementation

of Cost Limitof Cost Limit

LIP

Page 27: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.27

Current StatusCurrent Status

CMS Issues Final Rule 5/25 – AM

President Signs War Funding Bill with One-Year Moratorium on Rulemaking 5/25 – PM

Halts Implementation of Final Cost Limit/IGT Rule

Halts Finalization of GME Rule

Page 28: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.28

Innovative Models of Care for the

Uninsured

Page 29: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.29

Safety Net Provider-Safety Net Provider-Based Health PlansBased Health Plans

Developed as a Means to Participate in Medicaid Managed Care

Infrastructure Used for “Lookalike” Plan for the Uninsured

Plans Participate in Coverage Expansion Initiatives

Page 30: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.30

Virginia Coordinated Virginia Coordinated Care (VCC)Care (VCC)

Developed by VCU Health System, Richmond, VA

Health Plan for the Uninsured

Comprehensive Benefits Package

Provides Medical Homes

Network of VCU andCommunity Providers

Sliding Scale Co-pays

Page 31: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.31

Virginia Coordinated Virginia Coordinated Care (VCC)Care (VCC)

VCC Goals:

Manage care forthe uninsured

Reduce cost of care

Improve quality

Reduce inappropriateED utilization

Establish community-specialist relationships

Page 32: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.32

Chronic Care Chronic Care ManagementManagement

Chronic Disease a Major Challenge for Safety Net Hospitals

Low Income Populations at High Risk

High Rate of Co-morbidities

Prevalent Psycho-Social Issues

Few Resources to Provide Care

Page 33: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.33

Denver HealthDenver Health

Initiatives for:

Asthma

Diabetes

HIV

Depression

Cancer Prevention

Prenatal Care

Page 34: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.34

Denver HealthDenver Health

Combines:

Primary Care Teams

Frequent User Program

Advanced Access

Patient Self-Management

Clinical Information Systems (e.g. Diabetes Registry)

Page 35: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.35

Language AccessLanguage Access

Over 100 Languages Spoken at NAPH Member Hospitals

20-30 Languages at the Typical Safety Net Hospital

Longstanding Efforts to Improve Language Access Employed Interpreters

Volunteers

Telephone Interpretation

Page 36: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.36

Alameda CountyAlameda CountyMedical CenterMedical Center

Video-Conferenced InterpretationReduced Wait Times

From 30-45 Minutes to 5 Minutes

Improved Communication Visual Cues Are Key

Wider Range of Languages Available

Increase Provider Efficiency Visits Decreased from 32 to 18 Minutes

Page 37: Caring for the Uninsured: Safety Net Hospitals and Health Systems Barbara Eyman Powell Goldstein LLP Medicaid Congress June 14, 2007

© 2007 Powell Goldstein LLP. All rights reserved.37

901 New York Avenue, NW

Third Floor

Washington, DC 20001

Tel. 202.347.0066

Fax. 202.624.7222

One Atlantic Center

Fourteenth Floor

1201 West Peachtree Street, NW

Atlanta, GA 30309

Tel. 404.572.6600

Fax. 404.572.6999

2200 Ross Avenue

Suite 3200

Dallas, TX 75201

Tel. 214-721-8000

Fax. 214-721-8100

www.pogolaw.com

Barbara D.A. [email protected]

Atlanta Washington Dallas