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Casey Schwarz

Senior Counsel, Education & Federal Policy

Medicare Rights Responds to Proposed Changes for Medicare Advantage Plans in 2020

The Medicare Rights Center recently submitted comments in response to proposed rule changes from the Center for Medicare & Medicaid Services (CMS) pertaining to Medicare Parts C and D for 2020 and 2021. Many of the proposed rules implement changes that Congress made to the law that establishes Duals Special Needs Plans (D-SNPs). D-SNPs are special plans designed to serve the needs of people who are eligible for both Medicare and Medicaid, also known as “dual eligibles.”

CMS Proposes Changes to Protected-Class Drugs

Last week, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule that would allow Part D and Medicare Advantage plans to use additional tools to reduce prescription drug prices. Some of these tools rely on weakening the protections for consumers who take certain medications in what are known as the “protected classes.”

Kaiser Family Foundation Analyzes Health Care Expansion Proposals

As policymakers debate next steps for expanding health insurance coverage and lowering health costs, some have introduced legislation that would broaden the role of public programs, such as Medicare and Medicaid. In light of recent characterizations of such proposals, the Kaiser Family Foundation (KFF) assessment of what these bills do (and do not do) is particularly important.

In the past two years, eight proposals were introduced, ranging from bills that would create a new national health insurance program for all U.S. residents, replacing virtually all other sources of public and private insurance (Medicaid-for-All), to more incremental approaches that would create a new public plan option, as a supplement to private sources of coverage and public programs.

Center for Medicare Advocacy Releases Analysis of Various Medicare Advantage Changes

This week, the Center for Medicare Advocacy (CMA) released an issue brief that examines the details and legal underpinnings of several proposed and upcoming changes to the Medicare Advantage (MA) program. Designed to be a resource for advocates and attorneys, CMA’s analysis combines several disparate sources of MA changes, including recently signed legislation, regulatory rulemaking, and sub-regulatory guidance. It also predicts some of the consequences of these changes on, among other things, beneficiary decision-making and informed choice. The brief outlines the changes to MA made in the Balanced Budget Act of 2018 (BBA), in the Part C and D final rule issued earlier this year, and in the Final Call Letter for 2019.

Administration Challenge to ACA’s Pre-Existing Condition Protections at Odds With Public Opinion

A federal court is considering a challenge to the Affordable Care Act’s (ACA) protections for people with pre-existing conditions that a number of state attorneys general have filed and the Trump Administration has chosen not to defend. But the public—including most Republicans—want those protections preserved. A recent Kaiser Family Foundation tracking poll finds that 72-75% of Americans say that it is “very important” to keep provisions that stop insurance companies from denying coverage or charging more based on medical history. Over 55% of Republicans said it was very important to do so. It is also the 90th time that the foundation has asked about the public’s opinion of the ACA generally, and this month 50% view the law favorably, while 40% view it unfavorably.

CMS Announces New Rules That Could Make Part D Drug Formularies Much More Complicated

This week, the Centers for Medicare and Medicaid Services (CMS) announced that, starting in 2020, Part D Plans and Medicare Advantage Plans with Part D will be able to include medications on their formulary for some FDA-approved uses, but not others. Currently, a plan can favor one drug over another by: including a medication on its formulary or not; placing it on a lower cost sharing tier; or putting coverage restrictions, like prior authorization, quantity limits, or step therapy on the less preferred medication. These rules apply uniformly to each drug, for all FDA- and compendia-approved purposes—the new rules do not.

CMS to Allow Medicare Advantage Plans to Restrict Access to Drugs Covered Under Part B

This week, the Centers for Medicare & Medicaid Services (CMS) announced that next year, Medicare Advantage (MA) Plans will be able to limit options for people who get Part B-covered drugs by using many of the same tools plans currently use in Part D. The Trump administration argues that this will enable plans to negotiate better prices for the “preferred” medications – those that the plan will cover as a first-line treatment. Other drugs will only be covered if a person tries the preferred medication first and it doesn’t work or causes them harm, also known as step therapy.

CMS Invites Additional Comments on Contested Medicaid Work Requirements

After a Federal Judge invalidated the previously approved plan by the Centers for Medicare & Medicaid (CMS) to require very low income parents and caregivers to show that they are working or engaged in other activities in order to qualify for Medicaid coverage in Kentucky, CMS re-released the rule and another one governing Mississippi for additional comments.

Report Examines How Medigap Rules and Enrollment Vary Widely by State

This week, the Kaiser Family Foundation (KFF) released an issue brief analyzing the availability of, and enrollment in Medigaps across different states. One in four people in traditional Medicare had this private, supplemental health insurance in 2015. Medigaps help cover Medicare deductibles and cost-sharing, reduce the out-of-pocket burden associated with accessing care, and protect against high costs because of catastrophic illness or injury.

Kaiser Family Foundation Places Medicare Spending Trends in Historical Context

This week, the Kaiser Family Foundation released a new issue brief on Medicare spending. The brief analyzes the most recent historical and projected Medicare spending data published in the 2018 annual report of the Boards of Medicare Trustees and the 2018 Medicare baseline and projections from the Congressional Budget Office (CBO).

In 2017, Medicare spending accounted for 15% of the federal budget, and for 20% of total national health spending in 2016. It also accounted for 29% of spending on retail sales of prescription drugs, 25% of spending on hospital care, and 23% of spending on physician services.