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Lindsey Copeland

Federal Policy Director

Medicare Rights Comments on CMS Proposal to Give Drug Plans Additional Flexibility

The Medicare Rights Center recently responded to a proposed rule from the Centers for Medicare & Medicaid Services (CMS) that would, in part, allow Part D and Medicare Advantage (MA) prescription drug plans greater flexibility in managing their formularies.

According to CMS, the proposed policies are intended to “remove administrative hurdles to offer lower cost options to seniors and provide support for private sector partners by providing them the tools to lower the cost of prescription drugs.”

While we agree with the need to address high and rising drug prices, we strongly disagree with the agency’s proposed approach, which seeks to do so by weakening the protected classes protections and permitting step therapy for Part B drug coverage. Such changes have the dangerous potential to disrupt or even end access to some medications for people with Medicare.

KFF Brief Highlights Financial Burden of Part D Specialty Drugs

While Medicare Part D has made prescription drugs more affordable for people with Medicare, many beneficiaries continue to face affordability challenges, in part because there is no hard cap on out-of-pocket spending under Part D. A new resource from the Kaiser Family Foundation examines the financial burden this places on Part D enrollees who rely on high-cost medications.

Government Shutdown Threatens Programs for Older Adults and People with Disabilities

As the government shutdown continues, so do its impacts on older adults, people with disabilities, and their families. While Medicare and Medicaid are fully funded for the year, other critical programs—like affordable housing, food assistance, and transportation services—are not. This threatens the health and economic security of millions of Americans.

Proposed Marketplace Changes Could Harm People with Medicare

In November, the Centers for Medicare & Medicaid Services proposed regulatory changes to the Affordable Care Act’s Health Insurance Marketplaces. We submitted comments this week, in which we raise concerns with several aspects of the proposed rule that could have negative implications for people with Medicare.

CMS indicates it is proposing this rule in part to ensure that people are in the “most appropriate type of coverage.” While Medicare Rights supports this goal, we disagree with the agency’s proposal to achieve it by automatically terminating Marketplace coverage for people who are eligible for or enrolled in Medicare Part A.

CMS Issues Guidance to Help States Better Serve People with Medicare and Medicaid

Yesterday, the Centers for Medicare & Medicaid Services (CMS) released a Dear State Medicaid Director letter highlighting ten opportunities for states to better serve individuals dually eligible for Medicare and Medicaid.

Medicaid is an important source of coverage for nearly 12 million people with Medicare. It covers needed services that Medicare does not, such as long-term care. Medicaid also helps make Medicare more affordable by helping pay Medicare premiums and/or cost-sharing, which can be high for people with low incomes.

Congress Close to Finalizing Important Medicaid Extensions

On Tuesday, the U.S. House of Representatives passed the IMPROVE Act (H.R. 7217), which extends two critical Medicaid programs for older adults and people with disabilities. The U.S. Senate is expected to approve the bill before adjourning for the year.

First authorized in the Deficit Reduction Act of 2005, the Medicaid Money Follows the Person Demonstration Program (MFP) officially launched in 2007. Since then, it has helped over 88,000 older adults and people with disabilities transition from nursing and other facilities back to the community, and it has consistently been a cost-effective, successful program. According to independent, national evaluations MFP participants who have transitioned to community-based settings experience lasting improvements in quality of life, and they also decrease their overall Medicare and Medicaid expenditures by roughly 23%, generating considerable cost savings for the programs.

Lame Duck Session Brings Opportunities to Protect and Strengthen Medicare, Medicaid, and the ACA

This week, lawmakers returned to Washington for the “lame duck” session, where they face a variety of issues to resolve before the end of the year. A lame duck session occurs when Congress reconvenes after an election, and is a reference to the outgoing members who still have voting powers.

The lame duck outlook for health care programs is somewhat uncertain, but lawmakers will have several opportunities to protect and strengthen programs for older adults and people with disabilities. In the coming days, we’ll be asking Congress to prioritize Medicare, Medicaid, and the Affordable Care Act.

What the Midterm Elections Mean for Medicare, Medicaid, and the ACA

The 2018 midterm elections mean big changes are coming to Washington. When the 116th Congress convenes in January, it will be a divided one: Republicans will continue to control the Senate, but Democrats will have a majority in the House of Representatives for the first time in eight years.

With split-party control, any legislation will require bipartisan support in order to pass. The need for such consensus greatly decreases the likelihood that radical, disruptive bills will reach the President’s desk in the coming years, and effectively eliminates the acute threats to Medicare, Medicaid, and the Affordable Care Act (ACA) that have dominated congressional conversations since 2017.

New York Times Article Highlights Complexities of Part B Enrollment and the BENES Act’s Legislative Solutions

While most people newly eligible for Medicare are automatically enrolled in the program because they are receiving Social Security benefits at age 65, a growing number are not—and can face significant challenges in knowing how and when to do so. A recent article in The New York Times, “Why You Shouldn’t Wait to Sign Up for Medicare Part B,” highlights these complexities through the experience of Mr. Zeppenfeldt-Cestero, whose mistake in delaying Part B triggered punitive financial penalties and harmful coverage gaps.

The article also focuses the BENES Act (S.1909/H.R. 2575), in particular that it would help prevent enrollment mistakes by modernizing and simplifying the Part B enrollment process, and by sending notices to people who are approaching age 65 that clearly explain Part B enrollment.