Medicare ACOs: Revolution or Side Show?

CMS Deputy Administrator Jon Blum said last Thursday that the agency expects to double the number of ACOs operating in Medicare by the end of this year. That would put the total number of Medicare ACOs at about 130 by January.

Assume 130 Medicare ACOs at 15,000 bennies each on average. That's about 2 million lives, or about 4% of the 48 million Medicare beneficiaries. Presumably the ACO beneficiaries generate a little less than 4% of Medicare spending, since the 28% of Medicare members who are in Medicare Advantage still generate an average per capita payment that is greater than Medicare FFS.

If the ACOs generate average savings of 10%, and they get at least half of the savings back in performance bonuses, that's a net savings to CMS of 5% or less after savings are shared, for less than 4% of Medicare spending. That will bend the curve by less than 2/10%. That's not revolutionary.

In three years, when the savings target is reset at a level that includes some of the ACO's prior savings, CMS will capture all of those prior savings, and share only incremental savings. That would bend the curve a bit more if all the ACOs continue to play, but which ACOs are going to stay in the game when the renewal benchmark wipes out much of their hard-earned savings?


Medicare Advantage Enrollment Grows by 10 Percent

Kaiser Family Foundation just released a Data Spotlight on 2012 Medicare Advantage Enrollment. The report shows that 2012 MA enrollment increased 10 percent from 2011 levels with the addition of 1 million new enrollees. The report also noted that MA enrollment has doubled since 2005. Given the payment cuts in the Medicare Modernization Act and Affordable Care Act, this market penetration is surprising. And MA is poised for even more growth in the next several years with the shift of retirees from employer drug coverage due to the loss of the Retiree Drug Subsidy tax benefits, state initiatives that are shifting dual eligibles into managed care, and the arrival of the baby boomers who are familiar with PPO products. It not unrealistic to imagine that MA plans could cover one-third of all Medicare beneficiaries. Some of the 2012 growth is probably due to the fact that premiums in all plans except Regional PPOs decined in 2012. This trend cannot continues since the ACA payment cuts are still being phased in and the quality demonstration providing higher bonuses will end after 2014. Plans are expected to increase premiums and reduce benefits beginning next year. As long as MA remains a better value than Medigap, we should expect to see enrollment continue to increase.


The Part D Experience: What are the Lessons for Broader Medicare Reform?

The Kaiser Family Foundation sponsored a forum on the Part D program which was enacted in 2003, almost ten years ago. At the time of passage, there were many uncertainties about how the program would fare, e.g. would plans participate, would beneficiaries enroll. The Part D program has had much success in many areas. The following slides highlight the Part D program in 2012 and trends since 2006.

http://www.kff.org/medicare/upload/Overview-of-Medicare-Part-D-in-2012-Slides.pdf

Jack Hoadley summarized the following findings from his Issue Brief "Medicare Part D Spending Trends: Understanding Key Drivers and the Role of Competition" http://www.kff.org/medicare/upload/8308.pdf

• Part D enrollment is significantly below projected levels — Enrollment is 73 percent in 2012 which is below the projected enrollment of 87 percent. (Note — this includes RDS enrollees). 10 percent of beneficiaries have no equivalent coverage and are assumed to have made a decision not to enroll or are not aware of their drug coverage options.
• Benefit costs are lower than projected — Part D spending is 68 percent of the projected costs. This is due to a variety of factors including the shift to generics, lower overall drug pricing trends, slower drug pipelines, lower enrollment, impact of competition and informed consumer shopping.
• Generic drugs — Generic drug use increased from 60 percent to 75 percent thus significantly impacting lower program costs.
• MA-PD enrollment is higher and premiums are lower than PDPs — MA-PD premiums are lower than PDPs even after taking into account the use of savings from the medical side.
• Average utilization has increased however this is consistent with projections.
• Rebates have been higher than expectations but there is no publicly available information on the trends.
• There is evidence that competition has influenced Part D spending — The Part D market is robust (national average of 31 plans although there has been some consolidation) and bidding has affected premiums and availability of low income subsidies. However over half of enrollment is concentrated in a five plans and. Consumer tools have improved over the course of the program and have influenced plan selection, however only six percent of beneficiaries switch plans from year to year.

Jim Capretta emphasized the remarkable success of Part D in controlling costs especially when factoring in MA-PD premiums which result in an overall Part D average premium of $30 and average increase of $1 per year. Karen Ignagni mentioned high consumer satisfaction with Part D plans and plan tools to manage costs such as tiering, Medication Therapy Management and utilization management. Ignagni also reported that Part D plans are working with specialty societies on clinical pathways to assist with bundling and management of chronic diseases. Marilyn Moon pointed out that reinsurance, risk adjustment and risk corridors have reduced the risk for insurance companies in Part D thus ensuring plan participation.

Panelists noted that the Part D program has several lessons for Medicare reform and discussion of premium support models. Jim Capretta stated that while there is more complexity on the medical side than on the drug side, that Part D should provide lessons in who should do what, for example, the plans are better at negotiating drug prices and avoiding the FFS problems when the government regulates prices. He also noted that the government has been effective in overseeing the marketplace. Marilyn Moon noted that Part D has more controls and protections than are being discussed in the premium support models, that much of the Part D success has been in riding the generic wave, and that MA subsidies will be going away. Ignagni noted that MA plans are doing better in controlling diabetes and preventing readmissions. Jack Hoadley observed that the plan finder would be much more complicated when adding cost sharing and quality information on medical services.


Health Affairs Briefing on the June 2012 Issue

Health Affairs sponsored a briefing on the major articles in their June 2012 Issue entitled  "Focus on the Care Span for the Elderly and Disabled".  "Care Span" is a new term for the full spectrum of services used by the elderly and disabled including acute care, chronic care and long term care services and supports up to and including death. The focus of the articles is on delivery system reform — i.e. how to reduce the fragmentation in these care systems, putting the patient at the center and improving transitions with the goals of improving the quality and outcomes of care while reducing costs.  http://content.healthaffairs.org/content/31/6.toc

Several of the articles highlight efforts to improve care for a subset of the population that are the
most frequent users of the Care Span.  Dual eligibles have coverage under both the  Medicare and Medicaid programs but still face daunting challenges in accessing care that is efficient and meets their needs.  The researchers emphasized that the interventions need to focus on integration of the financing and the two benefit packages while tailoring the interventions to very distinct subsets, e.g. the disabled and the frail elderly.  Barbara Edwards from CMS discussed the many new programs and demonstration projects that CMS is supporting to provide funding to encourage change at the state and community levels including the state dual integration demonstrations, Alignment Initiatives, Money follows the Person, Independence at Home, Health Homes, Partnership and Transition initiatives, programs to strengthen primary care.  The laundry list of new programs caused Susan Dentzer to ask if states were getting "demonstration fatigue", something that I have wondered about while trying to remember the differences among the programs which often have same goals and objectives and similar focus to accomplishing the triple aim.  Marsha Gold pointed out that while dual eligibles are of great policy interest, there isn't a lot of timely data and there are only a small number of states and health plans that have a track record of successfully serving these high need populations.  The article by Tricia Neuman and colleagues from the Kaiser Family Foundation recommends that initiatives to shift the duals into managed care plans need to be cautious and give time to develop infrastructure to serve patients with complex needs. State budgetary pressures are currently focused on a much more aggressive timetable.

Two other presentations caught my attention.  Randy Brown revisited the Medicare Care Coordination demonstrations which were declared unsuccessful during the initial evaluation and found that 4 demonstrations were successful in reducing costs for high risk enrollees. The high risk enrollees had congestive heart failure, COPD, and coronary artery disease and one hospitalization in the prior year as a severity proxy and two or more hospitalizations with  one or more of 12 chronic conditions. The study found that savings were only $123 per patient per month and thus case management fees must be below this level to produce net savings. Deborah Peikes looked at another Coordinated Care  demonstration at Washington University and found that care coordination was successful after a major redesign  eliminated the telephonic care management and focused in-person care management.  Other successful ingredients were focus on managing transitions post hospital discharge, use of structured care plans, aggressive medication management and focus on higher-risk enrollees.


If Mandate Survives SCOTUS, Will GOP States Be Caught Flat-Footed on Exchanges?

I keynoted the Opal Events Medicare Executive Forum last week and stated there -- as I have here -- that I think there's slightly more than an even chance that SCOTUS will overturn the individual mandate in its ACA ruling later this month.  The presentation raised an interesting question: if the mandate survives the Court, will the 26 GOP governors who filed suit be caught flat-footed on exchanges, and have a Federal fallback exchange jammed down their throats in 2014 for their inaction?  Remember that the states must demonstrate to HHS this fall that they'll be ready to launch their exchanges by January 1, 2014, and that there are dozens of states waiting to see what the Court will decide before taking any action.  Politico held a policy briefing Friday with a couple influential state regulators that argued at least a few of those red states are moving forward on exchanges.

The most heartening news for ACA supporters were remarks by Bill Hazel, Virginia's secretary of health and human resources. Virginia is in the vanguard of states opposing the law but nonetheless has been busy getting ready to open an exchange if the court doesn't strike down the measure."We've done a lot of the planning," he said, adding that Virginia is in the "weird position" of being in relatively good shape to launch its exchange while opposing the law. "Virginia's done it and we don't want to," he said.

One of the most difficult things for states to pull together even if they are enthusiastic about exchanges is the information technology required. "We are one of the handful of states that could probably pull the IT piece off" if the Court upholds the law, Hazel said.  Hazel added that he thinks it's a mistake for states opposed to the law to sit idle and watch the federal government struggle to open exchanges to fill the gap.  Amen to that. "There is a group of individuals who believe that the states should just stop all work now, default into a federal plan, and assume that the feds can't get it
done," Hazel said. "That's not a bet that I would recommend yet that the Governor take because there's been a tremendous amount of work at the federal level."

Ron Pollack, executive director of Families USA, a pro-ACA consumer group, also called Virginia an "important lesson" and added that states opposed to the law may be doing more to get ready for exchanges than many realize. The narrative in press coverage is that only a few more than a dozen states will be ready to open exchanges by 2014, an assessment he said is based on the relatively small number of states that have passed laws to open the marketplaces.  But, he said, a more telling sign of readiness is the number of states that have gotten the first round of grants to set up exchanges: 34, according to Pollack.

"Behind the scenes there is work being done to set up exchanges," he said. Pollack added that it makes a significant difference that the federal government is willing to share in the work of opening state exchanges by entering into
partnership arrangements.  Both Pollack and Joshua Sharfstein, Maryland's secretary of Health and Mental Hygiene, struck an upbeat tone when talking about the health law in sharp contrast to the mostly gloomy talk of late about implementation struggles. Sharfstein downplayed the difficulty of opening an exchange.

It appears — initially at least — that the Maryland and Virginia exchanges would not be markedly different, assuming the health law survives and they both open. Left-leaning states are thought to be more likely to drive a hard bargain with insurers by excluding those that don't offer relatively low rates. But Sharfstein says that's not in the cards right now at least; Maryland officials first want to get their exchange up and running for a while before they think about becoming an "active purchaser."

One state out of 26 doesn't make a trend but the hope is that Pollack is right and that 34 planning grants will be enough to break through GOP gubernatorial intransigence on exchanges.  The clock is ticking, almost no matter what happens in the SCOTUS ruling this month.


Boehner's "Circular Firing Squad" on the ACA

Politico is out with an astounding story on conservative infighting on the Accountable Care Act (ACA) as the Supreme Court ruling on the Constitutionality of the ACA nears.  The story is further evidence of the fact that House Speaker John Boehner doesn't control a GOP caucus -- he's trying to mollify an unruly coalition while surrounded by a Tea-Party driven "circular firing squad" of conservative activists and opinion leaders.  It's impossible for him to control, and will lead to more volatile, dangerous posturing from the Speaker in the months to come.

I'll share the story in its entirety here, it's a rare glimpse into Republican internecine warfare:

Conservative Infighting Over Health Care

By JAKE SHERMAN | 5/17/12 8:13 PM EDT

Thirty minutes.
That's roughly the time it took for conservatives to jump all over Speaker John Boehner (R-Ohio) and his leadership team after the GOP's game plan for dealing with President Barack Obama's health care law leaked to the media.
Their gripe? Republicans would try to replicate popular parts of Obama's health care law if the Supreme Court overturns the law this summer.
Rather than sending out news releases or rushing to cable TV for a rant, conservatives blasted House Republican leadership on a private Google email group called The Repeal Coalition. The group is chock- full of think tank types, some Republican leadership staffers, health care policy staffers and conservative activists, according to sources in the group.
The behind-the-scenes fight among Republicans richly illustrates why House GOP leadership is so cautious, sensitive and calculating when it comes to dealing with the conservative right. POLITICO obtained the email chain, the contents of which show that health care reform remains just as emotional an issue as ever.
Wesley Denton, an aide to Sen. Jim DeMint (R-S.C.), questioned whether the "GOP now against full repeal?"
"Should we change the name of this [listserv] to ‘partialrepealcoalition' or ‘someofobamacareisprettygood'?" Denton wrote to the group.
Brian Worth, a GOP leadership staffer responsible for coordinating with outside groups, shot back that "the House has already passed a full repeal bill."
"Has the Senate passed that bill yet?" Worth asked Denton, in the email chain.
Russ Vought, a former House Republican staffer who is now at Heritage Action for America, bluntly said, "that has absolutely nothing to do with it." The "House GOP is going to cave after winning an election on full repeal … and before winning the next election to finish the job."
"Unreal," he said.
The common Washington narrative holds that Boehner, Majority Leader Eric Cantor (R-Va.) and Majority Whip Kevin McCarthy (R-Calif.) have trouble wrangling the members in the House Republican Conference. That might be true — at times.
But groups on the outside are also problematic. When a certain issue gets hot, email groups like The Repeal Coalition pop up, causing spirited debate among staffers and activists. It also gins up opposition to — or support for — leadership, creating a sense of group-think that's often hard for leadership to contain to control.
For example, during the debt ceiling debate last summer, a group of conservatives gathered on a Cut, Cap and Balance email chain — taking its name from a plan pushed by conservatives like Utah Rep. Jason Chaffetz and Republican Study Committee Chairman Jim Jordan of Ohio.
It's another turn of the screw for a Washington that is influenced by deep-pocketed, high-profile legislative-action groups. From Grover Norquist's Americans for Tax Reform to Heritage Action to Club for Growth, these groups are frequent judges of Republican Washington and aren't afraid to speak out against fellow conservatives.
House GOP leadership sees these outside conservative groups as being on the fringes and irrationally distrustful of Republicans in power. Boehner has tried to repeal or weaken the president's health care law dozens times this Congress, leadership insiders say. Why would conservatives think he's all of a sudden going soft on his commitment to overturn what they dub "Obamacare"? Plus, anything Boehner does after the Supreme Court ruling, his allies say, would be done with a GOP tinge.
The speaker issued a statement Thursday to reaffirm his support for full repeal of the Affordable Care Act.
"The only way to change this is by repealing ObamaCare in its entirety," Boehner said in the statement. "We voted to fully repeal the president's health care law as one of our first acts as a new House majority, and our plan remains to repeal the law in its entirety. Anything short of that is unacceptable."
Plus, the plan being debated in the Repeal listserv — as revealed in a POLITICO story Wednesday night — didn't detail how Boehner planned to address popular provisions they're looking to preserve; those decisions have not yet been made. The provisions include keeping children on their parents' health care until 26, encouraging insurance companies to provide coverage to those with pre-existing conditions and keeping the so-called Medicare donut hole closed.
That didn't stop the staffers and activists on the health care email list from getting pretty heated.
Avik Roy, a Forbes columnist and Manhattan Institute scholar, wrote to the email group that forcing insurance companies to cover folks with pre-existing conditions "would destroy the private insurance market." Congressional Republicans also want to keep closed the Medicare "donut hole" — Washington-speak for a gap in Medicare's prescription drug coverage that requires seniors to pay more out of pocket for medicine. Roy said that much-maligned gap in coverage — eventually closed in the Democrats' law — has "actuarial importance in preventing wasteful drug spending."
"Brian, if you or someone else can explain the policy rationale of these provisions, I'd love to hear it," Roy wrote to the email list.
Worth shot back, "[I] don't leak out of meetings, so I won't comment on this story."
Some of these groups — with their legislative scorecards and criticism of leadership — have engendered a good deal of tension among GOP aides. Worth, the leadership staffer, blasted the email group, asking, "when did conservatives start believing everything they read in the press?" He said "House Republicans continue to support full repeal of Obamacare."
"It'd be great if we all focused on the problem rather than creating an internal firing squad," Worth said on the email chain. He also took Heritage Action to task, remind them that they've supported the House GOP's repeal efforts in the past.
"So," he wrote, "that doesn't matter now?"
Cognizant of the conservative anger, Dave Schnittger, Boehner's longtime deputy chief of staff, sent a separate email to a small group of fellow leadership aides Wednesday night, saying that, during his weekly media availability, the speaker would "knock … down" the plan that had leaked.
Boehner did not address health care once in his 12-minute news conference. Aides say he was prepared to talk about it — if the issue came up.

Berwick Redux? No Confirmation Planned for Tavenner

Senate Finance Committee Chairman Max Baucus told POLITICO that it's "virtually impossible" to see how CMS Acting Administrator Marilyn Tavenner could get 60 votes in the Senate, and therefore he doesn't have plans for a confirmation hearing.

Republicans haven't found anything as controversial in Tavenner's background as they did in former Administrator Don Berwick's (the one comment he made praising the UK's National Health Service, which hysterical Republicans equated to support for rationing healthcare -- a distortion to rival Sarah Palin's "death panels"), but many did not think she had a shot at getting confirmed given the politics of health care reform implementation.  They can't very well vote for the person who's expected to implement the ACA.

The stalemate over CMS appointees contrasts with progress made on some other appointments: the Senate confirmed two nominees to the Federal Reserve board last week.  It's even more baffling given several GOP members' support of Tavenner, especially from her home state of Virginia.  You'll recall Tavenner was appointed weeks before Berwick's controversial recess appointment expired last year.  She wasn't a recess appointment, so there's no time limit on her tenure per se, but "Acting Administrator" does diminish the position.

In this environment you'd have to be some kind of self-hater to want the job.


SCOTUS Watch Begins

The US Supreme Court dealt the health plan industry a difficult hand coming out of its oral arguments on the Accountable Care Act's individual mandate in late March. With about five weeks to go until a formal ruling, the Justices will have already made their decision, the draft opinion is circulating around the Court, and the guessing game for those of us outside those hallowed halls begins.
 
Like most, my confidence in the Constitutionality of the mandate was shaken during the surprisingly tough questioning by the Justices on day two of the hearings.  Questions from the bench  indicated the Justices may split 5-4, with the Court's five Republican appointees joining to overturn the mandate. Justice Anthony Kennedy, who typically occupies the middle ground on the Court, said that by requiring Americans to take unwanted action (buying health insurance), the law "changes the relationship of the government to the individual in a very fundamental way."  "Fundamental" is a big word on the Court, and that certainly sounds like he's leaning right.  Obama needs at least one Republican appointee to uphold the 2010 law. Four of them -- Chief Justice John Roberts and Justices Antonin Scalia, Samuel Alito and Kennedy -- interrupted U.S. Solicitor General Donald Verrilli repeatedly.  Not exactly what you'd call a "buy sign".
 
Then there's the bigger question: if the mandate is struck down, can it be separated ("severed" in SCOTUS-speak) from the rest of the ACA, or does the law in whole or in part have to be thrown out? Going into the third day of oral arguments focusing on severability, Obama's signature health care law appeared to be in serious danger.  But after sleeping on it a few weeks I really doubt the Roberts Court would go that far.  Striking down the ACA would doom the highest Court -- and our last respected government institution -- to throwing itself on the biggest political hand grenade since Bush v. Gore.
 
So there you have it: as of today, my guess is that the mandate will be overturned; that the insurance reforms will be severed, and the remainder of the ACA will be left untouched.  It will create a firestorm in the elections, and the people, in their infinite wisdom, will speak in November.
 
And then the fun -- of picking up the pieces or flushing the whole law, depending on which way the White House and Congressional races go -- begins.  Again.  My best guess as of today: Obama squeaks it out, Democrats lose the Senate, and we spend the next four years watching Obama veto repeal attempts.  Sigh.

Times Are A-Changin'...Get Your Team to the GHG Forum June 12-13

In response to client requests, GHG is holding its first-ever Client Forum June 12-13 in Washington.  With so much change in the air in government programs, the Forum is the perfect opportunity to get your team focused on the road ahead.

This isn't a disjointed lineup of vendors selling from the podium like at your usual industry conference: the presenters are all GHG's elite subject-matter experts, and the agenda is designed to be a silo-busting deep dive for government programs executive teams, with downtime built-in to allow you and your team to process and plan ahead.  If you want answers, this is your gathering.

Change is a constant in the government programs world, and most of the folks who call us for help are those who are too busy these days to do anything but react.  We have a motto at GHG: you can't react your way to excellence.  Take two days to join us, bring your team leaders, and learn about how to get ahead of what's coming.


Democrats Can't Keep Denying Medicare Advantage Demographics

For my entire career I've been baffled by Democrats' resistance to the Medicare risk program (now called Medicare Advantage).  I understand that most Dems hate big bad profiteering health insurance companies.  What's confounding is why they can't see who the program truly serves: the heart of the party's coalition.

America's Health Insurance Plans (AHIP) released a report on Medicare Advantage (MA) this week based on 2010 CMS beneficiary survey data that shows the program is a "vital source" of coverage for low-income and minority Americans:

  • While 26% of beneficiaries nationally are enrolled in MA plans, 29% of African-American beneficiaries and 36% of Hispanic beneficiaries enroll in the program.
  • 43% of all beneficiaries enrolled in Medicare Advantage had annual incomes <$20,000; by comparison, 39% of all Medicare beneficiaries had incomes under $20,000.
  • 64% of all minority beneficiaries enrolled in Medicare Advantage in 2010 had incomes below $20,000; 64% of African-American and 82% of Hispanic Medicare Advantage beneficiaries had incomes below $20,000.  By comparison, 39% of White Medicare Advantage enrollees had incomes below $20,000.

For these reasons alone, Dems can't continue to deny MA's demographics, and ought to be lining up to support Medicare Advantage as the best hope for entitlement reform.  But considering that health insurance companies generally stand one rung above used-car salesmen in the trust of left-leaning politicians, I don't expect the party to come to its senses any time soon.  It's a tragic missed opportunity heading into this fall's fractious elections.