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An Arm and a Leg: Medicaid Recipients Struggle To Stay Enrolled

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Dan Weissmann
Tue, 04 Jun 2024 09:00:00 +0000

Medicaid — the state-federal insurance program for low-income and disabled Americans — has cut more than 22 million recipients since spring 2023.

One of them was the son of Ashley Eades. Her family lost their Medicaid coverage in the “unwinding” of protections that had barred states from dropping people for years during the covid pandemic.

Many families, including Ashley's, still qualify for Medicaid but lost it for “procedural reasons.” Basically, missing paperwork.

The unwinding process has been messy.

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In this episode, host Dan Weissmann talks with Ashley about the months she spent fighting to get her son reenrolled in 2023 to get an on-the-ground look at how the unwinding is affecting families.

Then, Dan hears from staff at the Tennessee Justice Center, Joan Alker of Georgetown University's Center for Children and Families, and KFF Health correspondent Brett Kelman, who has been covering Medicaid in Tennessee for years.

Dan Weissmann


@danweissmann

Host and producer of “An Arm and a Leg.” Previously, Dan was a staff reporter for Marketplace and Chicago's WBEZ. His work also appears on All Things Considered, Marketplace, the BBC, 99 Percent Invisible, and Reveal, from the Center for Investigative Reporting.

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‘An Arm and a Leg': Medicaid Recipients Struggle To Stay Enrolled

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Note: “An Arm and a Leg” uses speech-recognition software to generate transcripts, which may contain errors. Please use the transcript as a tool but check the corresponding audio before quoting the .

Dan: Hey there. You know what we have NEVER talked about on this show? Medicaid. The big, federally-funded health insurance program for folks with lower incomes. And I did not realize: That's been a huge omission. Because it turns out, Medicaid covers a TON of people. Like about a quarter of all Americans. And about forty percent of all children. That's four out of every ten kids in this country who are insured by Medicaid. 

And this is the perfect time to look at Medicaid because– well: tens of millions of people are losing their Medicaid coverage right now. It seems like a lot of these people? Well, a lot of them may actually still qualify for Medicaid. 

This is all kind of a “Back to the Future” moment, which started when COVID hit: The feds essentially hit pause on a thing that used to happen every year– requiring people on Medicaid to re-enroll, to re-establish whether they were eligible. And back then, tons of people got dropped every year, even though a lot of them probably still qualified. 

The pause lasted through the COVID “public health emergency,” which ended in spring 2023. Since then, states have been un-pausing: Doing years and years of re-enrollments– and un-enrollments– all at once. People call it the “unwinding.” And it's been messy. And, another thing I've been learning: Medicaid operates really differently from one state to another. It even has different names. In California, it's called Medi-Cal. In Wisconsin, it's BadgerCare. And this unwinding can look completely different from one state to the next.

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We're gonna look mostly at one state– Tennessee, where the program is called TennCare. And in some ways, according to the numbers on the unwinding, TennCare is… kinda average. 

But the problems some people have had, trying to keep from getting kicked off TennCare? Before this unwinding and during it? They sound pretty bad. We're gonna hear from one of those people– a mom named Ashley Eades. 

Ashley Eades: Yeah. TennCare. Put me through the wringer, I tell you what. 

Dan: We'll hear how Ashley spent months fighting to keep her son Lucas from getting kicked off TennCare. And we'll hear from some folks who can help us put her story in perspective. Including folks who helped Ashley ultimately win her fight. Folks who are fighting– in Tennessee and around the country– to keep programs like TennCare from putting people like Ashley through the wringer. 

This is An Arm and a Leg– a show about why health care costs so freaking much, and what we can maybe do about it. I'm Dan Weissmann. I'm a reporter, and I like a challenge. So the job we've chosen around here is to take one of the most enraging, terrifying, depressing parts of American life, and to bring you a show that's entertaining, empowering, and useful. Ashley Eades is a single mom in Nashville. She works in the kitchen at Red's Hot Chicken, near Vanderbilt University. 

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Ashley Eades: We're just like every other person in Nashville trying to say they got the best hot chicken. 

Dan: Ashley buys her insurance from the Obamacare marketplace, but her son Lucas– he's 12 — is on TennCare. In April 2023, Ashley got a notice from TennCare saying, “It's time to renew your coverage!” Meaning Lucas's coverage. Meaning, welcome to the unwinding! When I talk with Ashley, she uses one word about a half-dozen times: 

Ashley Eades: it just was a nightmare. It was a nightmare. So that was the nightmare. A terrible nightmare you can't wake up from. Oh my god, that was a nightmare. 

Dan: So: After Ashley filled out the renewal packet, she got another notice, saying “We need more information from you.” TennCare wanted proof of “unearned income”– like bank statements, or a letter saying she was entitled to something like workers compensation– or a court-ordered payment. But Ashley didn't have any unearned income. Lucas's dad was supposed to pay child support, but– as Ashley later wrote to state officials– he didn't have regular employment so couldn't pay. 

Ashley says she called TennCare for advice and got told, “Never mind. There's nothing to send, so you don't have to send us anything.” Which turned out to be wrong. A few weeks later, in May, TennCare sent Ashley a letter saying “Why your coverage is ending.” 

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It gave two reasons: First, it said “We sent you a letter asking for more facts… but you did not send us what we needed.” It also said “We've learned that you have other insurance” for Lucas. But she didn't. And not having insurance for Lucas was going to be an immediate problem. He got diagnosed with epilepsy a few years ago, and he needed ongoing treatment. 

Ashley Eades: he was on three different medications. I mean, that alone would cost me about $1,500 a month with no health insurance. And this is anti-seizure medication. Like we can't just stop it 

Dan: Yeah. Ashley says she did everything she could think of: mailed in paper forms, submitted information online, and made a lot of phone calls.

Ashley Eades: like back and forth on the phone with people I don't even know who Italked to, just dozens and dozens of people I talked to. And every single time it was go through the same story over and over and over and over and over again and just get transferred Put on holds, you know disconnected yelled at, told I'm wrong like 

Dan: It went on for months. She reapplied. She was approved. Then she was un-approved. She appealed. The appeal was denied. Then, in July, the full nightmare: Lucas ended up in the emergency room after a seizure. While he was officially uninsured. 

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Ashley Eades: I just didn't know what to do. Like, I was shutting down mentally. 

Dan: And then, out of nowhere, a relative mentioned that a nonprofit called the Tennessee Justice Center had helped *her* out with a TennCare application. Ashley called the group right away. 

Ashley Eades: and I'm not a spiritual person, but they were like a fudging godsend. You know what I mean? Like, it was amazing

 Dan: A client advocate named Luke Mukundan looked at all of TennCare's letters to Ashley and confirmed one thing right away: Ashley wasn't wrong to be confused. 

Ashley Eades: He's like going through all of these letters and he's like, it doesn't even make sense 

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Dan: Later I talked with Luke, on kind of a lousy Zoom connection. But he said to me: This was confusing, even to him. 

Luke Mukundan: she was providing the information that they asked for, um, 

Dan: But they kept asking the same questions. And they kept saying that her son had some other insurance. 

Luke Mukundan: when I knew and she knew that wasn't the case

Dan: Luke's boss at the Tennessee Justice Center, Diana Gallaher, told me she wasn't surprised that Ashley got confused by that early question about un-earned income. She says the process can be really confusing. 

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Diana Gallaher: Heck, I get confused. I still, I'll look at a question and say, you know, wait, what are they asking? How do I answer this one? 

Dan: And you've been doing this for a while, right? 

Diana Gallaher: Oh, yeah. Yeah. 

Dan: How long have you been doing this? 

Diana Gallaher: Since 2003, 2004. 

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Dan: More than twenty years. Of course, Ashley's been going through this process at an especially rough time: The unwinding. When so many people were going through this process at once. 

For instance, Luke and Diana say the help lines at TennCare were super-jammed– like, it wasn't unusual to spend 45 minutes or an hour on hold. 

By the time Ashley found the Tennessee Justice Center, it was August. She'd been fighting alone for months. Luke helped Ashley with a new appeal. And on September 22, TennCare sent Ashley an update. Her son is approved. “You qualify for the same coverage you had before,” it says. “And you'll have no break in coverage.” 

So Ashley's “nightmare” was one person's experience of the unwinding. But it's not a one-off: According to reports from KFF and Georgetown University, more than two-thirds of the people who lost Medicaid in the last year were disenrolled, like Ashley, for what are called “procedural reasons.” Missing paperwork.

Now, some of those people who got dropped for “procedural reasons” probably didn't even try to renew Medicaid because they didn't need it anymore. They had new jobs that came with insurance.

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But we know those folks are in a minority. Researchers at KFF– the parent group of our journalist pals at KFF – did a survey of folks who got dropped from Medicaid. Most of them– seventy percent– ended up either uninsured or, the biggest group, back on Medicaid. And again, more than two-thirds of the folks who got dropped were cut for “procedural reasons”– paperwork. Like Ashley's son Lucas. 

So, when a lot of people can't renew their Medicaid for “procedural” reasons, it seems worth looking at that procedure. And what's happening in the unwinding isn't actually a new phenomenon. It's just un-pausing an old procedure– a system that always had these problems. And that's really clear in Tennessee, because people in Tennessee have been documenting– and fighting– these problems for a long time. 

Next up: Taking TennCare to court. 

This episode of An Arm and a Leg is a co-production of Public Road Productions and KFF Health News. The folks at KFF health news are amazing journalists– and in fact, we're about to hear from one of them, right now. 

Brett Kelman: My name is Brett Kelman. 

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Dan: Brett's an enterprise correspondent with KFF Health News 

Brett Kelman: And I report from the city of Nashville, where I have lived for about seven years. 

Dan: Brett came to Nashville initially to cover health care for the local daily, the Tennessean. Which meant he heard about Medicaid– about people losing medicaid– a lot. 

Brett Kelman: You hear two versions of the same story. You hear patients who get to the doctor's office and suddenly discover they don't have Medicaid when they used to, and they thought they still did. And then you hear the other side of that coin. You hear doctors, particularly a lot of pediatricians, where their patients get to their office and then discover in their waiting rooms they don't have Medicaid. 

Dan: And by the way– you noticed how Brett said he heard especially from pediatricians about this issue in Tennessee. That's because Tennessee is one of the states that never expanded Medicaid after the Affordable Care Act took effect. In those states, Medicaid still covers a lot of kids but a lot fewer adults than other states. Docs treating patients with Medicaid– a lot of them are gonna be pediatricians. 

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So, Brett's hearing all of this seven years ago– the before-time. Before the unwinding. Before COVID. People kept losing Medicaid and not knowing about it until they got to the doctor's office. And Brett wanted to know: how did that happen? He and a colleague ended up doing a huge investigation. And came back with a clear finding: 

Brett Kelman: Most of the time, when people lose their Medicaid in Tennessee, it is not because the state looked at their finances and determined they aren't qualified. Paperwork problems are the primary reason that people lose Medicaid coverage in Tennessee. 

Dan: Brett and his reporting partner used a public-records request to get a database with the form letters sent to about three hundred thousand people who needed to renew their Medicaid coverage. 

Brett Kelman: And what we determined was that, you know, 200,000 plus children, had been sent a form letter saying that they were going to lose their Medicaid in Tennessee, again, not because the state determined they were ineligible, but because they couldn't tell. 

Dan: About two thirds of people in that database got kicked off Medicaid for “procedural reasons”– paperwork issues. This is years before the current “unwinding” but that two-thirds number, it's pretty similar to what we're seeing today.

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Brett Kelman: And, you know, that raises a lot of questions about if we're doing the system correctly, because do we really want to take health care away from a family who is low income? Because somebody messed up a form or a form got lost in the mail. 

Dan: Around the time Brett published that story in 2019, the Lester family found out that they had lost their Medicaid– because a form had gotten lost in the mail. It took them three years to get it back. Brett met them at the end of that adventure 

Brett Kelman: they were a rural Tennessee family, a couple of rambunctious boys who seemed to injure themselves constantly. And honestly, I saw him almost get hurt while I was there doing the interview. One of the young boys had. Climbed up to the top of a cat tower. And I believe jumped off as I was interviewing his parents and I could see the insurance, I could see the medical claims racking up before my eyes. 

Dan: In 2019, one of the boys had broken his wrist jumping off the front porch. And when the Lesters took him to the doctor, that's when they learned they'd been cut from Medicaid. Over the next three years, they racked up more than a hundred thousand dollars in medical debt– dealing with COVID, with more injuries, with the birth of another child. Finally, the Tennessee Justice Center helped them get Medicaid back– and figure out what had gone wrong. 

Brett Kelman: And when it all came down to it, we eventually determined that this paperwork that their health insurance hinged on, the health insurance that they were entitled to, they had lost it because the state had mailed that paperwork to the wrong place. 

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Dan: Oh, and where had the state been mailing that paperwork to? A horse pasture. 

Brett Kelman: It wasn't far from their house, but there was certainly no one receiving mail there 

Dan: Was there like a mailbox for the horses? Like where did they, where did it even go? Get left. 

Brett Kelman: I don't remember if there was a mailbox for the horses. I don't think so. I mean, if you think about this chain of events, they were sent paperwork they were supposed to fill out and return to keep their health insurance, but it went to the horse pasture, so they didn't fill it out. Then they were sent a letter saying, Hey, you never filled out that paperwork. We're gonna take your health insurance away. But it went to the horse pasture, so they didn't fix it, and then they were sent paperwork saying, we've cut off your health insurance. You won't have health insurance as of this date But it was sent to the horse pasture, so they didn't know about it. 

Dan: And their three-year fight to get Medicaid back took place AFTER Brett published his initial story. So, some things, it seemed, hadn't changed a whole lot. But one thing had happened: In 2020, the Tennessee Justice Center had filed a class-action lawsuit, demanding that TennCare re-enroll about a hundred thousand people who had gotten cut off– the lawsuit alleges, without due process. Here's Brett's take: 

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Brett Kelman: And yes, I recognize that there could just have a Medicaid recipient who is not on top of this and ignores the paperwork and lets it rot in a pile of mail on their kitchen counter. I have some mail like that. I'm not going to pretend like I have never done this, but how do you tell the difference between that person and somebody who never got this paperwork that their child's health care hinges upon? 

Dan: This exact question comes up in the lawsuit. In a filing, the state's lawyers say TennCare does not owe a hearing to anybody who says they just didn't get paperwork. “The simple reason for this policy is that it is well known that mail is ordinarily delivered as addressed, TennCare enrollees have a responsibility to keep the program apprised of address changes (as explained to them in TennCare's notices), and it is exceedingly common for individuals who have missed a deadline to claim they did not receive notice.” 

Class action lawsuits move slowly. This one, filed more than four years ago, only went to trial recently. A judge's decision is … pending. In a post-trial filing, the Tennessee Justice Center tells the stories of 17 people cut off from Medicaid allegedly due to errors by TennCare. 

In TennCare's filings, the state's lawyers say, in effect: None of this proves there's a systemic problem. And as a couple people have said to me: You don't have to set out to build a bad system. If you don't take care to build a good one, your system will definitely have problems.

 We sent TennCare a long note about what we've been learning: About Brett Kelman's reporting, about the class-action lawsuit, and about what happened to Ashley Eades. We asked them for any comment– or to let us know if they thought we'd gotten anything wrong. We haven't heard back from them. 

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So, let's zoom out a little bit to look at how these systems are working across 50 states. The person to talk to here is Joan Alker. She's a professor at Georgetown, and she runs the university's Center for Children and Families. 

Joan Alker: Yeah, Medicaid really is my jam. I have been working on Medicaid issues for about 25 years now, which is a little frightening. 

Dan: So of course she and her colleagues have been tracking how all 50 states have been dealing with the unwinding, compiling all kinds of data. When we talked, they'd just updated a ticker showing how many kids have been dropped in each state. 

Joan Alker: We just hit 5 million net child Medicaid decline just today. Um, so that's very troubling. 

Dan: And according to Joan Alker's report, kids were even more likely to be dropped for “procedural reasons”– paperwork issues– than adults. 

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Joan Alker: Most of these children are probably still eligible for Medicaid and many of them won't have another source of coverage. And that's what I worry a lot about. 

Dan: But it varies a TON. A couple states– Maine and Rhode Island– actually have MORE kids enrolled than when the unwinding started. A half-dozen others have dropped very few kids. 

Joan Alker: But then we had some states that went out really assertively and aggressively to, um, to To have fewer people enrolled in Medicaid 

Dan: Her numbers show that Texas is a standout. They've got one point three million fewer kids enrolled in Medicaid than they did before the unwinding… Tennessee– with all the problems documented by Brett Kelman and the Tennessee Justice Center– is kind of around the middle of the pack. 

Joan Alker: Unfortunately, this is the norm. Right? When you look at the number of disenrollments nationwide, the average for procedural red tape reasons is 70%. Only 30 percent of those people losing Medicaid nationwide have lost it because they've clearly been determined to be ineligible. 

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Dan: Obviously, Joan Alker is not happy about this. But she is also not hopeless! The unwinding has been an example of what happens– what can happen– when you require people to renew their enrollment every year. But now some states are experimenting with … not requiring that anymore, at least not for young kids. 

Joan Alker: …because we know so many of them are going to remain eligible. They're cheap to insure. They're not where the money is being spent in our healthcare system. But they need regular care. 

Dan: Oregon, Washington, and New Mexico now keep kids enrolled through age six. Another seven states are aiming to do the same. 

Joan Alker: This is an idea that we've been promoting for like 15 years and we were kind of crying out in the wilderness for a long time, but it's breaking through now 

Dan: I'm not gonna lie. There's a ton that's not gonna get fixed with Medicaid anytime soon. We don't know yet how the judge in the Tennessee Justice Center's class-action lawsuit is gonna rule. But seeing these fights, it reminds me of something I've said before on this show: We are not gonna win them all. But we don't have to lose them all either.

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By the way, a little news about Ashley Eades– our mom in Nashville, who fought to keep her son on TennCare. 

Ashley Eades: Last year, I started going back to school, and I'm going to school full time, and I'm working full 

Dan: Oh my gosh! 

Dan: And she's home-schooling Lucas. 

Ashley Eades: I was like, “we're going to go to school together, buddy.” Like, we share a desk, you know, and he's like in class and I'm in class. 

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Dan: Wow 

Ashley Eades: I had to get creative. um, so, yeah, I'm like, working this really crappy, stinky job and going to school 

Dan: And it's working out. 

Ashley Eades: I, um, made Dean's List this semester, like got straight A's. 

Dan: Yeah! 

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Dan: Ashley wants to go to Medical school. I thought you'd want to know. 

Before we go, I just want to say THANK YOU. In our last episode, we asked you to help us understand sneaky facility fees, by sending your own medical bills, and you have been coming through in a big way. We've heard from more than 30 people at this point. Some of you have been annoyed by these fees for years– a couple of you have told us about driving 30 or 40 miles across town, hoping to avoid them. And we've been hearing from folks inside the medical billing world, offering us some deeper insight. And I could not be pleased-er. Thank you so much! 

If you've got a bill to share, it's not too late to pitch in, at arm-and-a-leg-show, dot com, slash FEES. I'll catch you in a few weeks. Till then, take care of yourself. 

This episode of An Arm and a Leg was produced by me, Dan Weissmann, with help from Emily Pisacreta, and edited by Ellen Weiss. Thanks this time to Phil Galewitz of KFF Health News, Andy Schneider of Georgetown University's Center for Children and Families, and Gordon Bonnyman of the Tennessee Justice Center for sharing their expertise with us. Adam Raymonda is our audio wizard. Our music is by Dave Weiner and blue dot sessions. Gabrielle Healy is our managing editor for audience. Gabe Bullard is our brand-new engagement editor. Bea Bosco is our consulting director of operations. Sarah Ballama is our operations manager. 

And Armand a Leg is produced in partnership with KFF Health News. That's a national newsroom producing in-depth journalism about healthcare in America and a core program at KFF, an independent source of health policy research, polling and journalism. Zach Dyer is senior audio producer at KFF Health News. He's editorial liaison to this show. 

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And thanks to the Institute for Nonprofit News for serving as our fiscal sponsor, allowing us to accept tax exempt donations. You can learn more about INN at INN. org. Finally, thanks to everybody who supports this show financially– you can join in any time at arm and a leg show dot com, slash, support– thanks for pitching in if you can, and thanks for listening.

“An Arm and a Leg” is a co-production of KFF Health News and Public Road Productions.

To keep in touch with “An Arm and a Leg,” subscribe to the newsletter. You can also follow the show on Facebook and the social platform X. And if you've got stories to tell about the health care system, the producers would love to hear from you.

To hear all KFF Health News , click here.

And subscribe to “An Arm and a Leg” on Spotify, Apple Podcasts, Pocket Casts, or wherever you listen to podcasts.

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——————————
By: Dan Weissmann
Title: An Arm and a Leg: Medicaid Recipients Struggle To Stay Enrolled
Sourced From: kffhealthnews.org/news/podcast/medicaid-recipients-struggle-to-stay-enrolled/
Published Date: Tue, 04 Jun 2024 09:00:00 +0000

Did you miss our previous article…
https://www.galvestontrendingnews.com/kaiser-health-news/so-much-death-lawmakers-weigh-stricter-speed-limits-safer-roads-for-pedestrians/

Kaiser Health News

The Supreme Court Just Limited Federal Power. Health Care Is Feeling the Shockwaves.

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Stephanie Armour
Mon, 01 Jul 2024 15:30:00 +0000

A landmark Supreme Court decision that reins in federal agencies' authority is expected to hold dramatic consequences for the nation's care system, calling into question government rules on anything from consumer protections for patients to drug safety to nursing home care.

The June 28 decision overturns a 1984 precedent that said courts should give deference to federal agencies in legal challenges over their regulatory or scientific decisions. Instead of giving priority to agencies, courts will now exercise their own independent judgment about what Congress intended when drafting a particular law.

The ruling will likely have seismic ramifications for health policy. A flood of litigation — with plaintiffs like small businesses, drugmakers, and hospitals challenging regulations they say aren't specified in the law — could leave the country with a patchwork of disparate health regulations varying by location.

Agencies such as the FDA are likely to be far more cautious in drafting regulations, Congress is expected to take more time fleshing out legislation to avoid legal challenges, and judges will be more apt to overrule current and future regulations.

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Health policy leaders say patients, providers, and health systems should brace for more uncertainty and less stability in the health care system. Even routine government functions such as deciding the rate to pay doctors for treating Medicare beneficiaries could become embroiled in long legal battles that disrupt patient care or strain providers to adapt.

Groups that oppose a regulation could search for and secure partisan judges to roll back agency decision-making, said Andrew Twinamatsiko, director of the Health Policy and the Law Initiative at Georgetown University's O'Neill Institute. One example could be challenges to the FDA's approval of a medication used in abortions, which survived a Supreme Court challenge this term on a technicality.

“Judges will be more emboldened to second-guess agencies,” he said. “It's going to open agencies up to attacks.”

Regulations are effectively the technical instructions for laws written by Congress. Federal agency staffers with knowledge related to a law — say, in drugs that treat rare diseases or health care for seniors — decide how to translate Congress' words into action with input from industry, advocates, and the public.

Up until now, when agencies issued a regulation, a single rule typically applied nationwide. Following the high court ruling, however, lawsuits filed in more than one jurisdiction could result in contradictory rulings and regulatory requirements — meaning health care policies for patients, providers, or insurers could differ greatly from one area to another.

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One circuit may uphold a regulation from the Centers for Disease Control and Prevention, for example, while other circuits may take different views.

“You could have eight or nine of 11 different views of the courts,” said William Buzbee, a professor at Georgetown Law.

A court in one circuit could issue a nationwide injunction to enforce its interpretation while another circuit disagrees, said Maura Monaghan, a partner at Debevoise & Plimpton. Few cases are taken up by the U.S. Supreme Court, which could leave clashing directives in place for many years.

In the immediate future, health policy leaders say agencies should brace for more litigation over controversial initiatives. A requirement that most Affordable Care Act health plans cover preventive services, for example, is already being litigated. Multiple challenges to the mandate could mean different coverage requirements for preventive care depending on where a consumer lives.

Drugmakers have sued to try to stop the Biden administration from implementing a federal law that forces makers of the most expensive drugs to negotiate prices with Medicare — a key cog in President Joe Biden's effort to lower drug prices and control health care costs.

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Parts of the health care industry may take on reimbursement rates for doctors that are set by the Centers for Medicare & Medicaid Services because those specific rates aren't written into law. The agency issues rules updating payment rates in Medicare, a health insurance program for people 65 or older and younger people with disabilities. Groups representing doctors and hospitals regularly flock to Washington, D.C., to lobby against trims to their payment rates.

And providers, including those backed by deep-pocketed investors, have sued to block federal surprise-billing legislation. The No Surprises Act, which passed in 2020 and took effect for most people in 2022, aims to protect patients from unexpected, out-of-network medical bills, especially in emergencies. The high court's ruling is expected to spur more litigation over its implementation.

“This really is going to create a tectonic change in the administrative regulatory landscape,” Twinamatsiko said. “The approach since 1984 has created stability. When the FDA or CDC adopt regulations, they know those regulations will be respected. That has been taken back.”

Industry groups, including the American Hospital Association and AHIP, an insurers' trade group, declined to comment.

Agencies such as the FDA that take advantage of their regulatory authority to make specific decisions, such as the granting of exclusive marketing rights upon approval of a drug, will be vulnerable. The reason: Many of their decisions require discretion as opposed to being explicitly defined by federal law, said Joseph Ross, a professor of medicine and public health at Yale School of Medicine.

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“The legislation that guides much of the work in the health space, such as FDA and CMS, is not prescriptive,” he said.

In fact, FDA Commissioner Robert Califf said in an episode of the “Healthcare Unfiltered” last year that he was “very worried” about the disruption from judges overruling his agency's scientific decisions.

The high court's ruling will be especially significant for the nation's federal health agencies because their regulations are often complex, creating the opportunity for more pitched legal battles.

Challenges that may not have succeeded in courts because of the deference to agencies could now find more favorable outcomes.

“A whole host of existing regulations could be vulnerable,” said Larry Levitt, executive vice president for health policy at KFF.

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Other consequences are possible. Congress may attempt to flesh out more details when drafting legislation to avoid challenges — an approach that may increase partisan standoffs and slow down an already glacial pace in passing legislation, Levitt said.

Agencies are expected to be far more cautious in writing regulations to be sure they don't go beyond the contours of the law.

The Supreme Court's 6-3 decision overturned Chevron U.S.A. v. Natural Resources Defense Council, which held that courts should generally back a federal agency's statutory interpretation as long as it was reasonable. Republicans have largely praised the new ruling as necessary for ensuring agencies don't overstep their authority, while Democrats said in the aftermath of the decision that it amounts to a judicial power grab.

——————————
By: Stephanie Armour
Title: The Supreme Court Just Limited Federal Power. Health Care Is Feeling the Shockwaves.
Sourced From: kffhealthnews.org//article/supreme-court-chevron-deference-doctrine-health-care-policy-shockwaves/
Published Date: Mon, 01 Jul 2024 15:30:00 +0000

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Kaiser Health News

The Concierge Catch: Better Access for a Few Patients Disrupts Care for Many

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John Rossheim
Mon, 01 Jul 2024 09:00:00 +0000

“You had to pay the fee, or the doctor wasn't going to see you anymore.”

That was the takeaway for Terri Marroquin of Midland, Texas, when her longtime physician began charging a membership fee in 2019. She found out about the change when someone at the physician's front desk pointed to a posted notice.

At first, she stuck with the practice; in her area, she said, it is now tough to find a primary care doctor who doesn't charge an annual membership fee from $350 to $500.

But last year, Marroquin finally left to join a practice with no membership fee where she sees a physician assistant rather than a doctor. “I had had enough. The concierge fee kept going up, and the doctor's office kept getting nicer and nicer,” she said, referring to the décor.

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With the national shortage of primary care physicians reaching 17,637 in 2023 and projected to worsen, more Americans are paying for the privilege of seeing a doctor — on top of insurance premiums that cover most services a doctor might provide or order. Many people seeking a new doctor are calling a long list of primary care practices only to be told they're not taking new patients.

“Concierge medicine potentially leads to disproportionately richer people being able to pay for the scarce resource of physician time and crowding out people who have lower incomes and are sicker,” said Adam Leive, lead author of a 2023 study on concierge medicine and researcher at University of California-Berkeley's Goldman School of Public Policy.

Leive's research showed no decrease in mortality for concierge patients compared with similar patients who saw non-concierge physicians, suggesting concierge care may not notably improve some outcomes.

A 2005 study showed concierge physicians had smaller proportions of patients with diabetes than their non-concierge counterparts and provided care for fewer Black and Hispanic patients.

There's little reliable data available on the size of the concierge medicine market. But one market research firm projects that concierge medicine revenue will grow about 10.4% annually through 2030. About 5,000 to 7,000 physicians and practices provide concierge care in the United States, most of whom are primary care providers, according to Concierge Medicine Today. (Yes, the burgeoning field already has a trade publication.)

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The concierge pitch is simple: More time with your doctor, in-person or remotely, promptly and at your convenience. With many primary care physicians caring for thousands of patients each in appointments of 15 minutes or less, some people who can afford the fee say they feel forced to pay it just to maintain adequate access to their doctor.

As primary care providers convert to concierge medicine, many patients could face the financial and health consequences of a potentially lengthy search for a new provider. With fewer physicians in non-concierge practices, the pool available to people who can't or won't pay is smaller. For them, it is harder to find a doctor.

Concierge care models vary widely, but all involve paying a periodic fee to be a patient of the practice.

These fees are generally not covered by insurance nor payable with a tax-advantaged flexible spending account or health savings account. Annual fees range from $199 for Amazon's One Medical (with a discount available for Prime members) to low four figures for companies like MDVIP and SignatureMD that partner with physicians, to $10,000 or more for top-branded practices like Massachusetts General Hospital's.

Many patients are exasperated with the prospect of pay-to-play primary care. For one thing, under the Affordable Care Act, insurers are required to cover a variety of preventive services without a patient paying out-of-pocket. “Your annual physical should be free,” said Caitlin Donovan, a spokesperson for the National Patient Advocate Foundation. “Why are you paying $2,000 for it?”

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Liz Glatzer felt her doctor in Providence, Rhode Island, was competent but didn't have time to absorb her full health history. “I had double mastectomy 25 years ago,” she said. “At my first physical, the doctor ran through my meds and whatever else, and she said, ‘Oh, you haven't had a mammogram.' I said, ‘I don't have breasts to have mammography.'”

In 2023, after repeating that same exchange during her next two physicals, Glatzer signed up to pay $1,900 a year for MDVIP, a concierge staffing service that contracts with her new doctor, who is also a friend's husband. In her first couple of visits, Glatzer's new physician took hours to get to know her, she said.

For the growing numbers of Americans who can't or won't pay when their doctor switches to concierge care, finding new primary care can mean frustration, delayed or missed tests or treatments, and fragmented health care.

“I've met so many patients who couldn't afford the concierge services and needed to look for a new primary care physician,” said Yalda Jabbarpour, director of the Robert Graham Center and a practicing family physician. Separating from a doctor who's transitioning to concierge care “breaks the continuity with the provider that we know is so important for good health outcomes,” she said.

That disruption has consequences. “People don't get the preventive services that they should, and they use more expensive and inefficient avenues for care that could have otherwise been provided by their doctor,” said Abbie Leibowitz, chief medical officer at Health Advocate, a company that helps patients find care and resolve insurance issues.

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What happens to patients who find themselves at loose ends when a physician transitions to concierge practice?

Patients who lose their doctors often give up on having an ongoing relationship with a primary care clinician. They may rely solely on a pharmacy-based clinic or urgent care center or even a hospital emergency department for primary care.

Some concierge providers say they are responding to concerns about access and equity by allowing patients to opt out of concierge care but stay with the practice group at a lower tier of service. This might entail longer waits for shorter appointments, fewer visits with a physician, and more visits with midlevel providers, for example.

Deb Gordon of Cambridge, Massachusetts, said she is searching for a new primary care doctor after hers switched to concierge medicine — a challenge that involves finding someone in her network who has admitting privileges at her preferred hospitals and is accepting new patients.

Gordon, who is co-director of the Alliance of Professional Health Advocates, which provides support services to patient advocates, said the practice that her doctor left has not assigned her a new provider, and her health plan said it was OK if she went without one. “I was shocked that they literally said, ‘You can go to urgent care,'” she said.

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Some patients find themselves turning to physician assistants and other midlevel providers. But those clinicians have much less training than physicians with board certification in family medicine or internal medicine and so may not be fully qualified to treat patients with complex health problems. “The expertise of physician assistants and nurse practitioners can really vary widely,” said Russell Phillips, director of the Harvard Medical School Center for Primary Care.

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By: John Rossheim
Title: The Concierge Catch: Better Access for a Few Patients Disrupts Care for Many
Sourced From: kffhealthnews.org//article/concierge-medicine-primary-care-doctor-pay-to-play/
Published Date: Mon, 01 Jul 2024 09:00:00 +0000

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Supreme Court OKs Local Crackdowns on Homelessness, as Advocates Warn of Chaos

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Angela Hart
Fri, 28 Jun 2024 20:27:00 +0000

The U.S. Supreme Court's watershed decision on homelessness Friday will make it easier for elected officials and law enforcement authorities nationwide to fine and arrest people who live on streets and sidewalks, in broken-down vehicles, or within city parks — which could have far-reaching consequences for homeless Americans and their communities.

In a 6-to-3 ruling in City of Grants Pass v. Johnson, the justices in the majority said allowing the targeting of homeless people occupying public spaces by enforcing bans on public sleeping or camping with criminal or civil penalties is not cruel and unusual punishment, even if there are no alternative shelter or housing options available for them.

“It's hard to imagine the chaos that is going to ensue. It'll have horrible consequences for mental and physical health,” said Ed Johnson, director of litigation at the Oregon Law Center and lead attorney representing homeless defendants in the case.

“If people aren't allowed to engage in survival while living outside by having things like a blanket and a pillow, or a tarp and a sleeping bag, and they don't have anywhere else to go, they can die,” he said.

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The case, the most consequential on homelessness in decades, comes amid widespread public frustration over the proliferation of homeless encampments — especially in Western cities such as Los Angeles, San Francisco, Phoenix, and Portland, Oregon — and the unsafe and unsanitary conditions that often fester around them.

An estimated 653,100 people were homeless in the United States in 2023, according to the most recent federal estimates, the vast majority residing in shanties, broken-down recreational vehicles, and sprawling tent camps scattered across urban and rural communities.

The Oregon city of Grants Pass, at the center of the legal battle, successfully argued that it was not cruel and unusual punishment to fine and arrest homeless people living outdoors or illegally camping on public property.

Mike Zacchino, a spokesperson for Grants Pass, issued a statement Friday that the city was “grateful” to receive the decision and is committed to assisting residents struggling to find stable housing. Theane Evangelis, the city's lead attorney, told the Supreme Court in April that if it couldn't enforce its anticamping laws, “the city's hands will be tied. It will be forced to surrender its public spaces.”

In the majority opinion, Justice Neil Gorsuch argued that the homelessness crisis is complex and has many causes, writing, “With encampments dotting neighborhood sidewalks, adults and children in these communities are sometimes forced to navigate around used needles, human waste, and other hazards to make their way to school, the grocery store, or work.”

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However, Gorsuch wrote, the Eighth Amendment does not give the Supreme Court justices primary responsibility “for assessing those causes and devising those responses.” A handful of federal judges cannot “begin to ‘match' the collective wisdom the American people possess in deciding ‘how best to handle' a pressing social question like homelessness,” he wrote.

In a dissenting opinion, Justice Sonia Sotomayor wrote that the decision focuses on the needs of local government and “leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”

Elected officials, both Republican and Democrat, have increasingly argued that life on the streets is making people sick — and they should be allowed to relocate people for health and safety.

“If government offers people help and they can't or won't accept it, there should be consequences. We have laws that need to be used,” said Sacramento Mayor Darrell Steinberg, who is an adviser to California Gov. Gavin Newsom on homelessness, referencing laws that allow the state to require mental health and addiction treatment, for instance.

The high court decision could further embolden cities to sweep encampments and could force homeless people to be more transient — constantly moving around to evade law enforcement. Sometimes they're offered shelter, but often there is nowhere to go. Steinberg believes many cities will more aggressively sweep encampments and keep homeless people on the move, but he does not believe they should be fined or arrested.

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“I'm comfortable telling people that you can't camp in public, but I would not criminalize it,” he said. “Some cities will fine and arrest people.”

Advocates for homeless people say constant relocations will further imperil the health of this population and magnify public health threats, such as the spread of communicable diseases. They fear conservative-leaning communities will criminalize street camping, pushing homeless people to liberal municipalities that provide housing assistance and services.

“Some cities have decided that they want to fine, arrest, and punish people for being homeless, and the majority opinion tells communities that they can go ahead and do that,” said Steve Berg, chief policy officer for the National Alliance to End Homelessness. “If communities really want less homelessness, they need to do what works, which is make sure people have access to housing and supportive services.”

As they disperse and relocate — and possibly get arrested or slapped with fines — they will lose connections to the doctors and nurses who provide primary and specialty care on the streets, some health care experts say.

“It just is going to contribute to more death and higher mortality rates,” said Jim O'Connell, the president of Boston's Health Care for the Homeless Program and an assistant professor of medicine at Harvard Medical School. “It's tough, because there's a public safety versus public health” debate cities are struggling with.

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As homeless people become sicker, they will get more expensive to treat, O'Connell said.

“Stop thinking about the emergency room, which is cheap compared to what we actually see, which is homeless people being admitted to the ICU,” he said. “I've got 20-something patients at Mass General today taking a huge amount of money to care for.”

In Los Angeles, which has one of the biggest homeless populations in America, street medicine provider Brett Feldman predicts more patients will need emergency intensive care as chronic conditions like diabetes and heart disease go untreated.

Patients on anti-addiction medication or those undergoing treatment to improve their mental health will also struggle, he said.

“People are already getting moved and camps swept all the time, so we already know what happens,” Feldman said. “People lose their medications; they lose track of us.”

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Homeless people die at rates two to six times higher than residents living in stable housing, according to a May report from the Los Angeles County Department of Public Health. Drug overdoses and coronary artery disease were the top two causes of death since 2017.

Feldman said it may become harder to house people or place them into treatment programs.

“We rely on knowing where they are in order to find them,” Feldman said. “And they rely on us knowing where they are to get their health care. And if we can't find them, often they can't complete their housing paperwork and they don't get inside.”

The Biden administration has pushed states to expand the definition of health care to include housing. At least 19 are directing money from Medicaid — the state-federal health insurance program for low-income people — into housing aid.

California is going the biggest, pumping $12 billion into an ambitious Medicaid initiative largely to help homeless patients find housing, pay for it, and avoid eviction. It is also dramatically expanding street medicine services.

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The Supreme Court decision could interrupt these programs, said Margot Kushel, a primary care doctor and homelessness researcher at the University of California-San Francisco.

“Now you're going to see disconnections from those case managers and housing navigators and people just losing touch in the chaos and the shuffle,” she said. “What's worse, though, is we are going to lose the trust that is so essential to getting people to take their medications or stop their drug use and, ultimately, getting people into housing.”

Kushel said the ruling would make homelessness worse. “Just having fines and jail time makes it easier for a landlord to reject you for housing,” she said.

At the same time, Americans are increasingly frustrated by encampments spreading into neighborhoods, ringing public parks, and popping up near schools. The spread is marked by more trash, dirty needles, rats, and human excrement on sidewalks.

Local leaders across deep-blue California welcomed the decision from the conservative majority, which will allow them to fine and arrest homeless people, even if there's nowhere for them to go. “The Supreme Court today took decisive action that will ultimately make our communities safer,” said Graham Knaus, CEO of the California State Association of Counties.

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Newsom, a Democrat who leads a state with nearly 30% of the nation's homeless population, said the decision gives state and local officials “the definitive authority to implement and enforce policies to clear unsafe encampments from our streets,” ending legal ambiguity that has “tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of communities.”

This article was produced by KFF Health News, which publishes California Healthline, an editorially independent service of the California Health Care Foundation. 

——————————
By: Angela Hart
Title: Supreme Court OKs Local Crackdowns on Homelessness, as Advocates Warn of Chaos
Sourced From: kffhealthnews.org//article/supreme-court-grants-pass-johnson-homelessness/
Published Date: Fri, 28 Jun 2024 20:27:00 +0000

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