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Up Close and Personal: Medicaid 1115 Transformation Waiver Michelle Apodaca, JD Vice President Texas Hospital Association John Berta Sr. Policy Analyst Texas Hospital Association August 23, 2012 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 2 Factors Driving the Budget Shortfall Structural deficit – business margins tax Sales tax projections down over biennium – Sales taxes are 56% of state revenue Teacher and state employee retirement and health care costs have skyrocketed Increased demand for services as state population grows, ages Loss of enhanced FMAP under federal stimulus act 3 Factors Driving the Medicaid Shortfall 4 The Texas Budget 2012-13 Shortfall approximately $27B Projected $72B in available revenue to fund an estimated $99B in current services Current services impacted by Medicaid caseload growth, public school enrollment, etc. Historically dire budget situation – 2003 shortfall was “only” $10B resulting in significant cuts House and Senate both filed initial versions of budget that assumed no new revenue 5 FY 2012-13 is a Balanced Budget Substantial $4.7B under-funding of Medicaid – Expected to be made up through supplemental appropriation in 2013 (Rainy Day Fund) – Implications on 2014-15 Budget Spending reductions – Cost-containment initiatives – Medicaid managed care expansion statewide 6 2012-13 Hospital Rate Cuts 8% rate cut for hospitals (added to 2% cut in 2010-11) – Rural and children’s hospitals paid at cost Statewide hospital SDA implementation for 9/1 ($30M savings - $20M mitigation) Expansion of Medicaid managed care ($386M GR in savings) Medicaid cost savings implemented (non- emergent care, OB 39 weeks, O/P Xover) 7 Medicaid APR-DRGs All Patient Refined DRGs Acute Care Hospitals - 9/1/2012 Children’s Hospitals – 9/1/2013 HHSC views APR-DRG Methodology superior Increased DRG assignments for Mothers and Newborns 3M Proprietary Product 8 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 9 Medicaid Managed Care Expansion –Expand existing service delivery areas to contiguous counties (9/11) –Expand STAR+PLUS to Lubbock and El Paso (3/12) –Expand STAR and STAR+PLUS to South Texas (3/12) –Convert PCCM areas to the STAR program model (3/12) –Include in-patient hospital services in STAR+PLUS (no carve-out) (3/12) 10 Rural Hospitals – Rider 40 40. Payments to Hospital Providers. Until HHSC implements a new inpatient reimbursement system for Fee-for-Service (FFS) and Primary Care Case Management (PCCM) or managed care, including but not limited to health maintenance organizations (HMO) inpatient services, hospitals that meet one of the following criteria: 1) located in a county with 50,000 or fewer persons according to the U.S. Census, or 2) is a Medicaredesignated Rural Referral Center (RRC) or Sole Community Hospital (SCH), that is not located in a metropolitan statistical area (MSA) as defined by the U.S. Office of Management and Budget, or 3) is a Medicare-designated Critical Access Hospital (CAH), shall be reimbursed based on the cost-reimbursement methodology authorized by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) using the most recent data. Hospitals that meet the above criteria, based on the 2000 decennial census, will be eligible for TEFRA reimbursement without the imposition of the TEFRA cap for patients enrolled in FFS and PCCM. For patients enrolled in managed care other than PCCM, including but not limited to health maintenance organizations (HMO), inpatient services provided at hospitals meeting the above criteria will be reimbursed at the Medicaid reimbursement calculated using each hospital's most recent FFS rebased full cost Standard Dollar Amount for the biennium. 11 Managed Care Expansion Ramifications Expansion of managed care statewide threatened supplemental Upper Payment Limit (UPL) payments HHSC secured a Medicaid Section 1115 demonstration waiver to expand managed care statewide and to continue hospital Medicaid supplemental funding Waiver provides the opportunity to initially receive current levels of funding while providing for a transition to a hospital performance and quality-based payment system HHSC will continue to facilitate the state matching share through local IGTs to secure federal matching funds 12 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 13 1115 Demonstration Waiver Demonstration Waiver: an exemption from certain federal rules that allows policymakers to experiment with the Medicare and Medicaid programs on a pilot study basis. The Centers for Medicare and Medicaid Services “Our concern would be if the demonstration turns into riots or damage” British Transport Police Authority 14 Medicaid 1115 Waiver - Background Waiver Goals II. Funding Sources III. Regional Administration IV. Funding Uses I. I. Uncompensated Care II. Delivery System Reform V. Key Waiver Documents 15 Waiver Goals Expand risk-based managed care statewide Support the development and maintenance of a coordinated care delivery system Improve outcomes while containing cost growth Protect and leverage financing to improve and prepare the health care infrastructure to increase access to services Transition to quality based payment systems in managed care and in hospital payments Provide a mechanism for investments in delivery system reform including improved coordination in the current indigent care system in advance of health care reform 16 1115 Waiver Funding – Sources Funds in the pools –Current trended UPL based on aggregate limit –New funds associated with UPL from former urban STAR managed care areas –New funds associated with managed care savings 17 Regional Health Partnerships (RHP) The waiver will be implemented through Regional Health Partnerships that: – Are primarily organized by public/transferring hospitals and other local government entities; – Create regional assessment, planning and redesign infrastructure; and – Include private hospitals and health stakeholders in regional health assessments, system redesign, system investments and reporting on outcomes. 18 Regional Healthcare Partnerships 19 1115 Waiver Funds – Uses Two sub-parts to the funding pool: Uncompensated Care (UC) – more payments from this pool in first years of five year waiver Delivery System Reform Incentive Payments (DSRIP) – shifting to more payments from this pool in later waiver years 20 Waiver Funding Overview Waiver Pool Uncompensated Care Pool Pays hospitals for cost of care not compensated by Medicaid directly or through DSH Inpatient Outpatient Pharmacy Clinic Physician Hospitals eligible for funding must commit to investing in system transformation Hospitals must participate in a regional healthcare partnership to receive funds from either pool Delivery System Reform Incentive Pool Pays hospitals for achieving metrics that move toward the triple aim Category 1 – Infrastructure Development Category 2 – Program Innovation & Redesign Category 3 – Quality Improvements Category 4 – Population Focused Improvements 21 Waiver Funding - $29 Billion 22 Key Waiver Documents Uncompensated Care (UC) Protocol Tool for reimbursement of costs of care provided to individuals without coverage CMS approved hospital and physician tools July 16, 2012 Dental and Emergency Medical Services (EMS) tools in process Program Funding and Mechanics Protocol Organization and requirements of the RHP Plans RHP Planning Protocol Menu of projects, milestones and metrics/measures eligible for Delivery System Reform Incentive Payment (DSRIP) are made from this document 23 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 24 Regional Healthcare Partnerships 25 RHP Parties Anchor--The entity that generally makes intergovernmental transfers to help fund waiver payments and has primary administrative responsibilities on behalf of the RHP. IGT entity--A governmental entity that provides an IGT to fund the waiver. IGT entities include hospital districts, counties, public hospitals, public health districts, local mental health authorities, and academic health science centers. Performing providers--Medicaid providers that are responsible for performing a project in an RHP Plan. Performing providers are primarily hospitals but also include local mental health authorities, local health departments, and physician practice plans affiliated with an academic health science center. 26 RHP 4-year plan The Regional Health Partnership would be responsible for developing a four-year coordinated regional health plan that: – Includes regional health assessments of needs, resources and potential improvements to serve as the basis for planning; – Outlines projects and interventions that support delivery system reforms tailored to the needs of the communities and populations served by the hospitals – Identifies the goals, rationale for projects, annual milestones, associated metrics and expected results from the interventions; – Incorporates private hospitals via RHP agreements that identify their roles, contributions and associated outcome metrics. During the first year, regional entities develop and submit four-year plans. 27 RHP Plans and CMS Expectations Planning process that demonstrates regional collaboration Projects selected address community needs Projects selected are the most transformative for the region RHP Plan includes projects that tie the four DSRIP categories together to demonstrate outcomes 28 RHP Plan Template RHPs complete Plan Template in collaboration with Performing Providers, Intergovernmental (IGT) Transfer Entities, and other stakeholders The PFM Protocol and RHP Planning Protocol serve as the basis for RHP Plan development and DSRIP funding Protocols and the RHP Plan Checklist are guides to complete RHP Template RHP Plan electronic tool in development to meet PFM requirements. 29 Stakeholder Engagement RHP Participant Engagement Information for Performing Providers including hospitals, Community Mental Health Centers, Academic Health Science Centers and Local Health Departments. Public Engagement Processes used to solicit public input into RHP Plan and public review prior to plan submission, including county medical societies Must include a description of public meetings and posting of RHP Plans for input Plan for ongoing engagement with public stakeholders. 30 RHP Plans Process Projects and DSRIP payments are documented in the RHP Plan in the region of the Performing Provider Performing Provider submits project information to Anchor Anchor compiles all projects for RHP Plan Electronic tool in development to assist RHPS with meeting quantitative requirements Qualitative requirements included in RHP Plan template 31 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 32 Transition Payments Fiscal Year 2012 Only Based on Historic Payments 3 Quarters already Paid 4th Quarter Payment Likely January/February 2013 May Occur sooner if UC Tool not submitted Hospitals may choose to use UC Tool 33 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timelines V. Conclusion 34 Uncompensated Care (UC) Pool UC pool payments include: –Medicaid shortfall not covered by DSH; –Costs of services to uninsured patients not covered by DSH; and –Medicaid and uninsured non-hospital UC costs, including physician, clinic and pharmacy 35 UC Tool or UC Protocol 1st Data Posted Aug. 8 Updated Version posted Aug. 17 3rd version? Multiple records for same hospital still a problem Questions remain about hospital/physician partnerships Deadline September 10 THA submitted questions about the tool last week 36 Costs to be included in the Hospital UC Tool Physician costs related to direct patient care services Mid‐level professional costs related to direct patient care services Pharmacy costs related to the “Texas Vendor Drug” program Excess “Medicaid DSH” costs not reimbursed via the Medicaid DSH program 37 Physician UC Tool Physician costs related to direct patient care services Non‐capital equipment and supplies costs Indirect costs via a provider‐specific indirect cost Rate Costs related to Mid‐level professionals must NOT be included in the UC Application Only organizations that received historical physician UPL payments may complete Physician Tool 38 UC Funding Issues UC is not allocated by regions, based on costs from the UC tool If the statewide cap UC is exceeded, UC payments will be reduced proportionately IGT may cross regions for UC and DSRIP based on historical patient flow patterns. This will be addressed in the program rules 39 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 40 Program Funding and Mechanics Protocol Provides the Organization and Requirements of the RHP Plans Sets out proposed allocation of DSRIP and UC funding by RHP region Separates RHP regions into tiers and sets minimum number of DSRIP projects for each tier 41 Major Items Under CMS Negotiation DSRIP requirements to be eligible for uncompensated care (UC) payments Funding allocation methodologies Valuation of projects including a setting a maximum value for a single project. Minimum DSRIP requirements by RHP and Performing Providers Pass 2 methodology DSRIP project milestones and metrics Increased emphasis on DSRIP Category 3 42 CMS Expectations Planning process that demonstrates regional collaboration Projects selected address community needs Projects selected are the most transformative for the region RHP plan includes projects that tie the four categories together to demonstrate outcomes 43 Administrative Issues Administrative cost claiming for Anchors will be defined separately from the PFM Protocol Governance and resolution processes will be determined at the local level CMS approval of all plans by March 1, 2013 After RHP Plan submission, Performing Providers may begin projects at their own risk if it has not been approved by CMS 44 Funding Issues UC is not allocated by regions, based on costs from the UC tool If the statewide cap UC is exceeded, UC payments will be reduced proportionately IGT may cross regions for UC and DSRIP based on historical patient flow patterns. This will be addressed in the program rules THHSC will not request IGT until DSRIP performance has been reported If the full IGT is not available, DSRIP is paid proportionately based on achieved performance 45 UC and DSRIP Participation Hospitals receiving UC payments must report on a subset of DSRIP Category 4 measures: Potentially Preventable Admissions (PPAs) Potentially Preventable Readmissions (PPRs) Potentially Preventable Complications (PPCs) Small and rural hospitals are exempted from DSRIP Category 4 reporting for UC Failure to report on the required measures by the last quarter of the year will result in forfeiture of UC payments in that quarter Hospitals that only participate in UC shall not be eligible to receive DSRIP funding for required Category 4 reporting UC hospitals must also participate in an annual RHP learning collaborative 46 RHP Plans Projects and DSRIP payments are documented in the RHP Plan of the Performing Provider A Performing Provider may only participate in the RHP Plan where it is physically located RHP Plans must ensure that DSRIP payments for similar projects are not duplicative RHP Plans must ensure that DSRIP payments do not duplicate funding of federal initiatives funded by the U.S. Department of Health & Human Services RHPs are strongly encouraged to adhere to the UC and DSRIP benchmark allocation (50/50 in FY2016) 47 RHP Category 1 and 2 Minimum Number of Projects Currently there are 4 Tiers based on the percent of population < 200% of the FPL HHSC to publish crosswalk of Region and Tier Tier Category 1 & 2 Projects Category 2 Tier 1 20 10 Tier 2 12 6 Tier 3 8 4 Tier 4 4 2 48 Performing Providers Minimum Number of Projects For a DSRIP hospital: A minimum of 3 Category 3 interventions selected by the hospital – Small and rural hospitals are required a minimum of 1 Category 3 intervention Report on all Category 4 measures but optional for small and rural hospitals Participate in one of the following – Categories 1, 3, and 4 – Categories 2, 3, and 4 – Categories 1, 2, 3, and 4 Non-hospital Performing Providers are required to implement a minimum of 1 Category 3 intervention 49 Allocation to RHPs Each RHP shall be allocated DSRIP funds based on low income population and Medicaid burden using the following variables: – Percent of state population with income below 200 percent FPL – Percent of Texas Medicaid acute care payments in fiscal year 2011 – Percent of Texas Medicaid supplemental payments in fiscal year 2011 50 DY 1 DSRIP Anchoring Entities and Performing Providers that have a current Medicaid provider identification number are eligible for demonstration year (DY) 1 DSRIP for submission of RHP Plans – Anchoring Entity is allocated 20 percent – Performing Providers are allocated the remaining 80 percent based on value of DSRIP Projects in Categories 1-4 for DYs 2-5 51 DYs 2-5 DSRIP Allocation within RHPs 75 percent allocation to DSH and former UPL hospitals. Each individual hospital allocation is based on: – Fiscal year 2011 Medicaid acute care payments (FFS, PCCM, MCO) – Fiscal year 2011 Medicaid supplemental payments (UPL) – Uncompensated care (greater of fiscal year 2012 DSH Hospital Specific Limit or cost of charity care in 2010 annual hospital survey) 52 DYs 2-5 DSRIP Allocation within RHPs 25 percent allocation to non-hospital providers – 10 percent to community mental health centers – 10 percent to physician practices associated with an academic health science center – 5 percent to local health departments 53 Pass 1 Funding RHPs must meet the following: Minimum number of project requirements for the RHP Tier level Project valuation parameters across the four DSRIP Categories Each Performing Provider may not exceed its DSRIP allocation Hospitals with DY 2 allocations of less than $2 million may collaborate Performing providers in Tiers 3 and 4 may collaborate 54 Private Hospitals Pass 2 Funding Broad hospital participation wherein RHPs shall fund a minimum percent of the Pass 1 DSRIP allocated to non-profit and private hospitals based on Tier level Tier Private Hospitals Tier 1 At least 30% Tier 2 At least 30% Tier 3 At least 15% Tier 4 At least 5% 55 Pass 2 Funding If there are unused DSRIP allocation amounts after the first pass, the RHP may redirect the unused allocations to fund additional projects – An individual hospital provider is not limited to its DSRIP allocation in the second pass – Physician practice groups not affiliated with academic health science centers and new hospitals may participate in DSRIP projects if they have identified a source of non-federal match 56 Pass 2 Allocations 25 percent allocation of unused Pass 1 DSRIP funds to “new” Performing Providers – 15 percent to new hospitals – 10 percent to physician practices not affiliated with an academic health science center 75 percent allocation to Performing Providers that have Pass 1 projects – Each Performing Provider is allocated a proportion based on the funding of Pass 1 projects in DYs 2-5 – Within an RHP, Performing Providers may combine their individual Pass 2 DSRIP allocations to fund a DSRIP project 57 Project Valuation Hospital Performing Providers must comply with the funding distribution across Categories 1-4 for DYs 2-5 A project may not be valued at more than $ 50 million in total over DYs 2-5 HHSC will review all project valuations for face validity Category DY 2 DY 3 DY 4 DY 5 1&2 < 86% <76% <71% <66% 3 At least 10% At least 15% At least 20% At least 25% 4 5% 10 – 15% 10 – 20% 10 – 25% 58 Plan Modifications Uncommitted DSRIP funding – During DY2, if an RHP does not propose to use its uncommitted DSRIP funds, HHSC will redistribute the available DSRIP to RHPs with interest and funding to implement new projects in DY3 and met the broad participation requirement in Pass 1 New DSRIP projects, new Performing Providers, and/or new IGT Entities may be added in DY2 for implementation in DY3 Other plan modifications will be allowed for: – Changes to milestones/metrics for existing projects – Deletion of projects 59 PFM Electronic Project Templates 1st Pass Template: Excel template for Performing Providers to populate with 1st Pass project information 2nd Pass Template: Excel template for Performing Providers to populate with 2nd Pass project information RHP Anchor Model: Used to consolidate regional project plans for submission to CMS/HHSC 60 PFM Electronic Project Template 3 Excel Documents 61 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 62 DSRIP Categories 63 DSRIP Example Projects TYPES OF CATEGORY 1 PROJECTS TYPES OF CATEGORY 2 PROJECTS • • • • • • • • Expand Primary Care Capacity Increase Training of Primary Care Workforce Enhance Interpretation Services and Culturally Competent Care Enhance Urgent Medical Advice Expand Behavioral Health Services Expand Dental Services CATEGORY 3 PROJECTS • • • • • • Severe Sepsis Resuscitation and Management Potentially Preventable Admissions Potentially Preventable Readmissions Potentially Preventable Complications Perinatal Outcomes Diabetes Composite Measure • • • Expand or Enhance Medical Homes Expand Chronic Care Management Models Redesign Primary Care Establish/Expand a Patient Care Navigation Program Implement/Expand Care Transitions Programs CATEGORY 4 PROJECTS (REPORTING) • • • • • Potentially Preventable Admissions 15-Day Readmissions Potentially Preventable Complications Patient-centered Healthcare Emergency Department (cycle time) 64 Changes to DSRIP Category 3 CMS proposed changing the approach to Category 3 as follows: – No longer focused on only hospitals, so other providers would be included – Rather than assessing statewide improvement in one area (e.g., sepsis), show performing provider outcomes for multiple areas – No single, mandatory project, but more measures to be chosen reflecting regional needs – Rather than Category 3 containing specific projects, now Category 3 will be outcome measures reflecting progress in Categories 1 and 2 65 RHP Planning Protocol Status Protocol under ongoing negotiation with CMS Reviewing projects on a rolling basis prioritizing high interest areas Revisions include increasing project detail with some additional milestones and more refined metrics The Category 1 project to enhance coding and documentation for quality data and the Category 2 project to improve patient flow in the emergency department/rapid medical evaluation have been removed Increased emphasis on Category 3, with a change to the common, required sepsis measure 66 Project Selection Criteria Planning process that demonstrates regional collaboration Projects selected address community needs Projects selected are the most transformative for the region, stressing integration and synergy among providers RHP Plan demonstrates projects that tie the four categories together to demonstrate outcomes RHP Plans must ensure that DSRIP payments do not duplicate funding of federal initiatives funded by the U.S. Department of Health & Human Services Capital projects will be considered on a case-by-case basis and evaluated in the context of the whole plan. Must demonstrate the project is necessary to achieve long-term quality improvements 67 Category 1 and 2 Metrics & Milestones Metric – Quantitative or qualitative indicator of progress toward achieving a milestone from a baseline Milestone – An objective for DSRIP performance comprised of one or more metrics – Process milestones are objectives for completing a process that is intended to assist in achieving an outcome – Improvement milestones are objectives to achieve improved outcomes 68 Category 1 and 2 Metrics and Milestones Process Milestone example: – Milestone: Write and disseminate a patient/family experience strategic plan – Metric: Submission of patient/family experience strategic plan and documentation of the dissemination of that plan throughout the organization Improvement Milestone example: – Milestone: Improve patient satisfaction/ experience scores – Metric: X percent improvement over baseline patient satisfaction scores captured by HCAHPS 69 Today’s Presentation I. The Texas Budget II. Medicaid Managed Care Expansion III. Transformation Waiver I. Background II. Regional Partnerships III. Transition Payments IV. UC Tool V. Program Funding Protocol VI. DSRIP IV. Timeline 70 Major Items Under CMS Negotiation DSRIP requirements to be eligible for uncompensated care (UC) payments Funding allocation methodologies Valuation of projects including a setting a maximum value for a single project Minimum DSRIP requirements by RHP and Performing Providers Pass 2 methodology DSRIP project milestones and metrics Increased emphasis on DSRIP Category 3 71 Outstanding Issues Timing – can HHSC complete its tasks? UC payments were originally scheduled to begin 10/31 but have been pushed back to at least December HHSC allotting only one month to negotiate complicated protocols with CMS Rule-making Year-end payment reconciliation Contingency Plans 72 Timeline October 31, 2012 – Final RHP plans due to CMS HHSC anticipates 30 day state review for each RHP Plan CMS will not begin formal review until HHSC completes quality check of RHP Plan Program rules published in Texas Register August 24, 2012 for 30 day comment period Rules adopted by October 31, 2012 DY 1 DSRIP payments for RHP Plan submission within 70 days of approval of the plan 73 Waiver Communications Find updated materials and outreach details: http://www.hhsc.state.tx.us/1115-waiver.shtml Submit all questions to: [email protected]. us http://www.tha.org/HealthCareProvid ers/Issues/FinanceandReimburse098F/Medic aidBBBFWaiver/index.asp 74 Questions? Michelle Apodaca, JD Vice President 512/465-1506 [email protected] John Berta Senior Policy Analyst 512/465-1556 [email protected] www.tha.org