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Originally Processed With FOIA(s): FOIA Number: 1999-0118-F 1999-0118-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Cabinet Affairs, White House Office of Series: Porter, Richard, Files Subseries: OA/ID Number: 07136 Folder ID Number: 07136-002 Folder Title: Health Care Reform Studies I Stack: Row: Section: Shelf: Position: G 10 14 7 1 HEALTH CARE REFORM STUDIES I THE WHITE HOUSE WASHINGTON April 2, 1990 MEMORANDUM FOR DAVID Q. BATES FROM: KEN YALE Ky SUBJECT: Health Care Reform Studies The President gave the DPC a mandate to review studies and recommendations for health care delivery system reform. Due to the growing interest in the health care reform debate, there are many such studies currently underway or recently completed. Some are major government initiatives: ie., the "Pepper Commission", Social Security Quadrennial Commission, and Treasury Department Health Care Financing. Others are major private sector reports and recommendations: ie., the American Medical Association and Health Insurance Association of America reports. In addition, there are several major legislative proposals introduced or in the formative stages on the Hill. We are working with HHS to develop a system to compile these reports and recommendations. You will recall that Governor Sununu had asked about the different reports at an earlier meeting. At some point it may be appropriate to develop a side- by-side comparison, to address questions such as those raised by the Governor. In addition, we can produce a summary of any report for your use, should it be necessary. CC: Stephen Danzansky Dan Heimbach John Schall Justine D'Andrea Sara Sumner HEALTH CARE REFORM STUDIES 1. A National Health System for America, The Heritage Foundation (1989) 2. A National Health Program for the United States: A Physician's Proposal, The New England Journal of Medicine (January 12, 1989) 3. National Governors' Association Study on Medicaid Eligibility and Coverage for Pregnant Women, Children and Families (July 1989) 4. Insurance Association of Connecticut Proposal on Medically Uninsured (January 9, 1990) 5. S.2032, Health Care Insurance Credit Legislation (Cohen, introduced January 30, 1990) 6. S.2050, Medigap Fraud and Abuse Prevention Act (Kohl, introduced February 1,1990) 7. H.R. 3931-3, Medicaid Expansions (Waxman, reintroduced February 1, 1990) 8. Health Insurance Association of America (HIAA) Proposal to Expand Access to Health Care (February 19, 1990) 9. AFL-CIO Principles For National Health Care Reform (February 20, 1990) 10. S.2163, Universal Health Insurance for Seniors (Kennedy, introduced February 22, 1990) 11. H.R.4070, The Health Care Empowerment and Access Legislation (Grandy, introduced February 22, 1990) 12. S.2199, The Health and Long-Term Security Act of 1990 (Packwood, introduced February 28, 1990) 13. Department of the Treasury Report: Financing Health and Long-Term Care (March 1990) 14. A Report to the Governor and Members of the California Legislature on Health Insurance Coverage (March 1, 1990) 15. Pepper Commission Report on Access to Health Care and Long-Term Care (March 2, 1990) 16. American Medical Association (AMA) Health Care Reform Proposal (March 5, 1990) 17. S.2246, Medicare Home Benefits Improvement Act (Bradley, introduced March 7, 1990) 18. H.R. 4253, Universal Health Program for All Americans (Oaker, introduced March 13, 1990) 19. H.R. 4280, Health Insurance for Children and Mothers Act of 1990 (Stark, introduced March 15, 1990) 20. Steelman Report Abstracts in the The advertising MEDICINE OF 1823 1812 NEW 1828 ENGLAND sections 1928 JOURNAL New England Journal of Medicine Established in 1812 as The NEW ENGLAND JOURNAL OF MEDICINE AND SURGERY VOLUME 320 JANUARY 12, 1989 NUMBER 2 Original Articles Case Records of the Effect of Omeprazole and Ranitidine on UI- Massachusetts General Hospital cer Healing and Relapse Rates in Pa- A 59-Year-Old Woman with Asthma and tients with Benign Gastric Ulcer 69 Multiple Pulmonary Nodules 108 ANDERS WALAN, JEAN-PIERRE BADER. BARRY W. LEVINE AND EUGENE J. MARK MEINHARD CLASSEN, CORNELIS B.H.W. LAMERS. DOUGLAS W. PIPER, KERSTIN RUTGERSSON, AND SVEN ERIKSSON Editorial Patterns of Transmission in Measles Out- Universal Health Insurance: Its Time Has breaks in the United States, 1985-1986 75 Come 117 LAURI E. MARKOWITZ. STEPHEN R. PREBLUD, WALTER A. ORENSTEIN, ELIZABETH Z. ROVIRA, NANCY C. ADAMS, CARL E. HAWKINS. Sounding Board AND ALAN R. HINMAN Technology and the Allocation of Resources 118 The Efficacy of Endoscopic Sphincterotomy MAURICE McGREGOR after Cholecystectomy in Patients with Sphincter-of-Oddi Dysfunction 82 Correspondence JOSEPH E. GEENEN, WALTER J. HOGAN, WYLIE J. DODDS, JAMES TOOULI, Do Physicians Have an Obligation to Treat Pa- AND RAMA P. VENU tients with AIDS? 120 Aplastic Anemia after Liver Transplantation for High-Frequency Oscillatory Ventilation Non-A, Non-B Hepatitis 122 Compared with Conventional Mechani- Diltiazem and Mortality and Reinfarction after cal Ventilation in the Treatment of Res- Myocardial Infarction 123 piratory Failure in Preterm Infants 88 Atrial Fibrillation Induced by Breath Spray 124 THE HIFI STUDY GROUP Release of Endogenous Digitalis-like Factor with Sodium Loading 124 Treatment of Ethylene Glycol Poisoning with Special Articles Intravenous 4-Methylpyrazole 125 Recognizing the Alcoholic Patient 125 A Consumer-Choice Health Plan for the Critical Care Medicine 126 1990s: Universal Health Insurance in a Teenagers' Concerns about Nuclear War 127 System Designed to Promote Quality and Economy (Second of Two Parts) 94 ALAIN ENTHOVEN AND RICHARD KRONICK Book Reviews 127 A National Health Program for the United States: A Physicians' Proposal 102 Books Received 130 DAVID U. HIMMELSTEIN, STEFFIE WOOLHANDLER, AND THE WRITING COMMITTEE OF THE WORKING GROUP ON PROGRAM DESIGN Notices 132 Owned, Published, and Copyrighted. 1989, by the Massachusetts Medical Society THE NEW ENGLAND JOURNAL OF MEDICINE JISSN 0028-4793; is published weekly from editorial offices at 10 Shattuck Street. Boston. MA 02115-6094. Subscription price: $74.00 per year. Second-dass postage paid at Boston and at additional mailing offices. POSTMASTER: Send address changes to P.O. Box 803, Waltham, MA 02254-0803. 102 THE NEW ENGLAND JOURNAL OF MEDICINE Jan. 12, 1989 A NATIONAL HEALTH PROGRAM FOR THE UNITED STATES A Physicians' Proposal DAVID U. HIMMELSTEIN, M.D., STEFFIE WOOLHANDLER, M.D., M.P.H., AND THE WRITING COMMITTEE OF THE WORKING GROUP ON PROGRAM DESIGN* Abstract Our health care system is failing. Tens of mil- tional health program payment as the total payment for a lions of people are uninsured, costs are skyrocketing, and service or procedure (assignment), through global bud- the bureaucracy is expanding. Patchwork reforms suc- gets for hospitals and clinics employing salaried physi- ceed only in exchanging old problems for new ones. It is cians, or on a per capita basis (capitation); (5) be funded. time for basic change in American medicine. We propose at least initially, from the same sources as at present, a national health program that would (1) fully cover every- but with all payments disbursed from a single pool; and one under a single, comprehensive public insurance pro- (6) contain costs through savings on billing and bureau- gram; (2) pay hospitals and nursing homes a total (global) cracy, improved health planning, and the ability of the na- annual amount to cover all operating expenses; (3) fund tional health program, as the single payer for services, to capital costs through separate appropriations; (4) pay for establish overall spending limits. Through this proposal, physicians' services and ambulatory services in any of we hope to provide a pragmatic framework for public de- three ways: through fee-for-service payments with a sim- bate of fundamental health-policy reform. (N Engl J Med plified fee schedule and mandatory acceptance of the na- 1989; 320:102-8.) O UR health care system is failing. It denies ac- are greatly experienced, and some have held senior cess to many in need and is expensive. ineffi- positions in American medicine. cient, and increasingly bureaucratic. The pressures of As physicians, we constantly confront the irration- cost control. competition. and profit threaten the tra- ality of the present health care system. In private ditional tenets of medical practice. For patients. the practice. we waste countless hours on billing and bu- misfortune of illness is often amplified by the fear reaucracy. For uninsured patients, we avoid proce- of financial ruin. For physicians, the gratifications dures, consultations, and costly medications. Diagno- of healing often give way to anger and alienation. sis-related groups (DRGs) have placed us between Patchwork reforms succeed only in exchanging old administrators demanding early discharge and elderly problems for new ones. It is time to change fundamen- patients with no one to help at home - - all the while tally the trajectory of American medicine - to devel- glancing over our shoulders at the peer-review organi- op a comprehensive national health program for the zation. In HMOs we walk a tightrope between thrift United States. and penuriousness, too often under the pressure of We are physicians active in the full range of medical surveillance by bureaucrats more concerned with the endeavors. We are primary care doctors and surgeons, bottom line than with other measures of achievement. psychiatrists and public health specialists. patholo- In public health work we are frustrated in the face of gists and administrators. We work in hospitals. clin- plenty; the world's richest health care system is unable ics, private practices, health maintenance organiza- to ensure such basic services as prenatal care and im- tions (HMOs), universities, corporations, and public munizations. agencies. Some of us are young. still in training: others Despite our disparate perspectives, we are united by dismay at the current state of medicine and by the conviction that an alternative must be developed. We From the Working Group on Program Design. Physicians for a National Health Program. Center for National Health Program Studies. Cambridge Hospital-Har- hope to spark debate, to transform disaffection with vard Medical School. 1493 Cambridge St.. Cambridge. MA 02139. where reprint what exists into a vision of what might be. To this end, requests should be addressed to Dr. Himmelstein. we submit for public review, comment, and revision a *This proposal was drafted by a 30-member Writing Committee. then reviewed and endorsed by 412 other physicians representing virtually every state and medi- working plan for a rational and humane health care cal specialty. A full list of the endorsers is available on request. The members of system - a national health program. the Writing Committee were as follows: David U. Himmelstein. M.D.. Cam- We envisage a program that would be federally bridge, Mass. (cochair): Steffie Woolhandler. M.D., M.P.H.. Cambridge. Mass. (cochair): Thomas S. Bodenheimer. M.D., San Francisco: David H. Bor. M.D., mandated and ultimately funded by the federal gov- Cambridge. Mass.: Christine K. Cassel. M.D., Chicago: Mardge Cohen. M.D., ernment but administered largely at the state and lo- Chicago: David A. Danielson, M.P.H.. Newton. Mass.: Alan Drabkin. M.D., cal level. The proposed system would eliminate finan- Cambridge. Mass.: Paul Epstein. M.D.. Brookline. Mass.: Kenneth Frisof. M.D., Cleveland: Howard Frumkin. M.D., M.P.H.. Philadelphia: Martha S. cial barriers to care; minimize economic incentives for Gerrity. M.D., Chapel Hill, N.C.; Jerome D. Gorman. M.D., Richmond. Va.; both excessive and insufficient care, discourage ad- Michelle D. Holmes. M.D., Cambridge. Mass.: Henry S. Kahn. M.D.. Atlanta: ministrative interference and expense, improve the Robert S. Lawrence. M.D., Cambridge. Mass.: Joanne Lukomnik. M.D.. Bronx. N.Y.: Arthur Mazer. M.P.H., Cambridge. Mass.: Alan Meyers. M.D.. Boston: distribution of health facilities, and control costs by Patrick Murray. M.D., Cleveland: Vicente Navarro. M.D., Dr.P.H.. Baltimore: curtailing bureaucracy and fostering health planning. Peter Orris. M.D.. Chicago; David C. Parish. M.D.. M.P.H.. Macon. Ga.: Richard J. Pels. M.D., Boston; Leonard S. Rodberg. Ph.D.. New York City: Our plan borrows many features from the Canadian Jeffrey Scavron. M.D.. Springfield. Mass.: Gorden Schiff. M.D.. Chicago: national health program and adapts them to the Isaac M. Taylor. M.D., Boston: Howard Waitzkin. M.D. Ph.D.. Anaheim. Calif.: Paul H. Wise. M.D., M.P.H.. Boston: and William Zinn. M.D.. unique circumstances of the United States. We sug- Cambridge. Mass. gest that, as in Canada's provinces. the national Vol. 320 No. 2 NATIONAL HEALTH PROGRAM - HIMMELSTEIN ET AL. 103 health program be tested initially in statewide demon- Instead of the confused and often unjust dictates of stration projects. Thus. our proposal addresses both insurance companies, a greatly expanded program of the structure of the national health program and the technology assessment and cost-effectiveness evalua- transition process necessary to implement the pro- tion would guide decisions about covered services, as gram in a single state. In each section below. we pre- well as about the allocation of funds for capital spend- sent a key feature of the proposal. followed by the ra- ing, drug formularies, and other issues. tionale for our approach. Areas such as long-term PAYMENT FOR HOSPITAL SERVICES care; public. occupational. environmental. and mental health; and medical education need much more devel- Each hospital would receive an annual lump-sum opment and will be addressed in detail in future pro- payment to cover all operating expenses - a "global" posals. budget. The amount of this payment would be negoti- ated with the state national health program payment COVERAGE board and would be based on past expenditures, pre- Everyone would be included in a single public plan vious financial and clinical performance, projected covering all medically necessary services. including changes in levels of services, wages and other costs, acute, rehabilitative, long-term. and home care; and proposed new and innovative programs. Hospi- mental health services; dental services: occupational tals would not bill for services covered by the national health care; prescription drugs and medical supplies; health program. No part of the operating budget and preventive and public health measures. Boards could be used for hospital expansion, profit, market- of experts and community representatives would de- ing, or major capital purchases or leases. These ex- termine which services were unnecessary or ineffec- penditures would also come from the national health tive, and these would be excluded from coverage. As program fund, but monies for them would be appro- in Canada. alternative insurance coverage for serv- priated separately. ices included under the national health program Global prospective budgeting would simplify hospi- would be eliminated. as would patient copayments tal. administration and virtually eliminate billing, thus and deductibles. freeing up substantial resources for increased clinical Universal coverage would solve the gravest problem care. Before the nationwide implementation of the na- in health care by climinating financial barriers to care. tional health program. hospitals in the states with A single comprehensive program is necessary both to demonstration programs could bill out-of-state pa- ensure equal access to care and to minimize the com- tients on a simple per diem basis. Prohibiting the use plexity and expense of billing and administration. The of operating funds for capital purchases or profit public administration of insurance funds would save would eliminate the main financial incentive for both tens of billions of dollars each year. The more than excessive intervention (under fee-for-service payment) 1500 private health insurers in the United States now and skimping on care (under DRG-type prospective- consume about 8 percent of revenues for overhead, payment systems). since neither inflating revenues nor whereas both the Medicare program and the Canadi- limiting care could result in gain for the institution. an national health program have overhead costs of The separate appropriation of funds explicitly desig- only 2 to 3 percent. The complexity of our current nated for capital expenditures would facilitate rational insurance system. with its multiplicity of payers. health planning. In Canada, this method of hospital forces U.S. hospitals to spend more than twice as payment has been successful in containing costs, mini- much as Canadian hospitals on billing and adminis- mizing bureaucracy, improving the distribution of tration and requires U.S. physicians to spend about 10 health resources. and maintaining the quality of percent of their gross incomes on excess billing costs.¹ care. 6-9 It shifts the focus of hospital administration Eliminating insurance programs that duplicated the away from the bottom line and toward the provision of national health program coverage. though politically optimal clinical services. thorny, would clearly be within the prerogative of the PAYMENT FOR PHYSICIANS' SERVICES, Congress.² Failure to do so would require the continu- ation of the costly bureaucracy necessary to adminis- AMBULATORY CARE, AND MEDICAL HOME CARE ter and deal with such programs. To minimize the disruption of existing patterns of Copayments and deductibles endanger the health care, the national health program would include three of poor people who are sick,³ decrease the use of vital payment options for physicians and other practition- inpatient medical services as much as they discourage ers: fee-for-service payment, salaried positions in insti- the use of unnecessary ones,⁴ discourage preventive tutions receiving global budgets. and salaried posi- care,⁵ and are unwieldy and expensive to administer. tions within group practices or HMOs receiving per Canada has few such charges, yet health costs are capita (capitation) payments. lower than in the United States and have risen slow- ly.6.7 In the United States. in contrast. increasing co- Fee-for-Service Payment payments and deductibles have failed to slow the esca- The state national health program payment board lation of costs. and a representative of the fee-for-service practition- 104 THE NEW ENGLAND JOURNAL OF MEDICINE Jan. 12, 1989 ers (perhaps the state medical society) would negoti- access to and satisfaction with care on the part of ate a simplified. binding fee schedule. Physicians patients. 6,7 The Canadian provinces have responded would submit bills to the national health program on a to the inflationary potential of fee-for-service payment simple form or by computer and would receive extra in various ways: by limiting the number of physicians, payment for any bill not paid within 30 days. Pay- by monitoring physicians for outlandish practice pat- ments to physicians would cover only the services pro- terns, by setting overall limits on a province's spend- vided by physicians and their support staff and would ing for physicians' services (thus relying on the profes- exclude reimbursement for costly capital purchases of sion to police itself), and even by capping the total equipment for the office. such as CT scanners. Phy- reimbursement of individual physicians. These regu- sicians who accepted payment from the national latory options have been made possible (and have not health program could bill patients directly only for required an extensive bureaucracy) because all pay- uncovered services (as is done for cosmetic surgery ment comes from a single source. Similar measures in Canada). might be needed in the United States, although our penchant for bureaucratic hypertrophy might require Global Budgets a concomitant cap on spending for the regulatory ap- Institutions such as hospitals, health centers. group paratus. For example, spending for program adminis- practices, clinics serving migrant workers, and medi- tration and reimbursement bureaucracy might be re- cal home care agencies could elect to receive a global stricted to 3 percent of total costs. budget for the delivery of outpatient, home care, and Global budgets for institutional providers would physicians' services, as well as for preventive health eliminate billing, while providing a predictable and care and patient-education programs. The negotiation stable source of income. Such funding could also en- process and the regulations covering capital expendi- courage the development of preventive health pro- tures and profits would be similar to those for inpa- grams in the community, such as education programs tient hospital services. Physicians employed in such on the acquired immunodeficiency syndrome (AIDS), institutions would be salaried. whose costs are difficult to attribute and bill to indi- vidual patients. Capitation Continuity of care would no longer be disrupted HMOs, group practices, and other institutions when patients' insurance coverage changed as a result could elect to be paid fees on a per capita basis to cover of retirement or a job change. Incentives for providers all outpatient care. physicians' services, and medical receiving capitation payments to skimp on care would home care. The regulations covering the use of such be minimized. since unused operating funds could not payments for capital expenditures and for profits be devoted to expansion or profit. would be similar to those that would apply to hospi- PAYMENT FOR LONG-TERM CARE tals. The capitation fee would not cover inpatient serv- ices (except care provided by a physician), which A separate proposal for long-term care is under de- would be included in hospitals' global budgets. Selec- velopment, guided by three principles. First, access tive enrollment policies would be prohibited, and pa- to care should be based on need rather than on tients would be permitted to leave an HMO or other age or ability to pay. Second, social and community- health plan with appropriate notice. Physicians work- based services should be expanded and integrated ing in HMOs would be salaried, and financial incen- with institutional care. Third, bureaucracy and entre- tives to physicians based on the HMO's financial per- preneurial incentives should be minimized through formance would be prohibited. global budgeting with separate funding for capital The diversity of existing practice arrangements, expenses. each with strong proponents, necessitates a pluralistic ALLOCATION OF CAPITAL FUNDS, HEALTH approach. Under all three proposed options, capital purchases and profits would be uncoupled from pay- PLANNING, AND RETURN ON EQUITY ments to physicians and other operating costs - a Funds for the construction or renovation of health feature that is essential for minimizing entrepreneurial facilities and for purchases of major equipment would incentives, containing costs, and facilitating health be appropriated from the national health program planning. budget. The funds would be distributed by state and Under the fee-for-service option, physicians' office regional health-planning boards composed of both ex- overhead would be reduced by the simplification of perts and community representatives. Capital projects billing.¹ The improved coverage would encourage pre- funded by private donations would require approval ventive care. 10 In Canada, fee-for-service practice by the health-planning board if they entailed an in- with negotiated fee schedules and mandatory assign- crease in future operating expenses. ment (acceptance of the assigned fee as total payment) The national health program would pay owners of has proved to be compatible with cost containment. for-profit hospitals, nursing homes, and clinics a rea- adequate incomes for physicians, and a high level of sonable fixed rate of return on existing equity. Since Vol. 320 No. 2 A NATIONAL HEALTH PROGRAM - HIMMELSTEIN ET AL. 105 virtually all new capital investment would be funded structure would mimic existing funding patterns and by the national health program, it would not be in- minimize economic disruption. cluded in calculating the return on equity. Medicare and Medicaid Current capital spending greatly affects future oper- ating costs, as well as the distribution of resources. All current federal funds allocated to Medicare and Effective health planning requires that funds go to Medicaid would be paid to the national health pro- high-quality, efficient programs in the areas of great- gram. The contribution of each program would be est need. Under the existing reimbursement system, based on the previous year's expenditures. adjusted which combines operating and capital payments, for inflation. Using Medicare and Medicaid funds in prosperous hospitals can expand and modernize, this manner would require a federal waiver. whereas impoverished ones cannot, regardless of the State and Local Funds health needs of the population they serve or the qual- ity of services they provide. The national health pro- All current state and local funds for health care ex- gram would replace this implicit mechanism for dis- penditures, adjusted for inflation, would be paid to the tributing capital with an explicit one, which would national health program. facilitate (though not guarantee) allocation on the ba- sis of need and quality. Insulating these crucial deci- Employer Contributions sions from distortion by narrow interests would re- A tax earmarked for the national health program quire the rigorous evaluation of the technology and would be levied on all employers. The tax rate would assessment of needs, as well as the active involvement be set so that total collections equaled the previous of providers and patients. year's statewide total of employers' expenditures for For-profit providers would be compensated for ex- health benefits, adjusted for inflation. Employers obli- isting investments. Since new for-profit investment gated by preexisting contracts to provide health bene- would be barred, the proprietary sector would gradu- fits could credit the cost of those benefits toward their ally shrink. national health program tax liability. PUBLIC, ENVIRONMENTAL, AND OCCUPATIONAL Private Insurance Revenues HEALTH SERVICES Private health insurance plans duplicating the cov- Existing arrangements for public, occupational, and erage of the national health program would be phased environmental health services would be retained in out over three years. During this transition period, the short term. Funding for preventive health care all revenues from such plans would be turned over would be expanded. Additional proposals dealing to the national health program, after the deduction with these issues are planned. of a reasonable fee to cover the costs of collecting premiums. PRESCRIPTION DRUGS AND SUPPLIES General Tax Revenues An expert panel would establish and regularly up- date a list of all necessary and useful drugs and out- Additional taxes, equivalent to the amount now patient equipment. Suppliers would bill the national spent by individual citizens for insurance premiums health program directly for the wholesale cost. plus a and out-of-pocket health costs, would be levied. reasonable dispensing fee, of any item in the list that It would be critical for all funds for health care to was prescribed by a licensed practitioner. The substi- flow through the national health program. Such sin- tution of generic for proprietary drugs would be en- gle-source payment (monopsony) has been the corner- couraged. stone of cost containment and health planning in Can- ada. The mechanism of raising funds for the national FUNDING health program would be a matter of tax policy, large- The national health program would disburse virtu- ly separate from the organization of the health care ally all payments for health services. The total expend- system itself. As in Canada, federal funding could at- iture would be set at the same proportion of the gross tenuate inequalities among the states in financial and national product as health costs represented in the medical resources. year preceding the establishment of the national The transitional proposal for demonstration pro- health program. Funds for the national health pro- grams in selected states illustrates how monopsony gram could be raised through a variety of mecha- payment could be established with limited disruption nisms. In the long run, funding based on an income of existing patterns of health care funding. The em- tax or other progressive tax might be the fairest and ployers' contribution would represent a decrease in most efficient solution, since tax-based funding is the costs for most firms that now provide health insurance least cumbersome and least expensive mechanism for and an increase for those that do not currently pay for collecting money. During the transition period in benefits. Some provision might be needed to cushion states with demonstration programs, the following the impact of the change on financially strapped small 106 THE NEW ENGLAND JOURNAL OF MEDICINE Jan. 12, 1989 businesses. Decreased individual spending for health er countries with national health programs) than in care would offset the additional tax burden on individ- the United States. 11,12 ual citizens. Private health insurance, with its attend- Salaried practitioners would be insulated from the ant inefficiency and waste, would be largely eliminat- financial consequences of clinical decisions. Because ed. A program of job placement and retraining for savings on patient care could no longer be used for insurance and hospital-billing employees would be an institutional expansion or profits, the pressure to important component of the program during the tran- skimp on care would be minimized. sition period. The Effect on Other Health Workers DISCUSSION The Patient's View Nurses and other health care personnel would enjoy a more humane and efficient clinical milieu. The bur- The national health program would establish a dens of paperwork associated with billing would be right to comprehensive health care. As in Canada, lightened. The jobs of many administrative and insur- each person would receive a national health program ance employees would be eliminated, necessitating a card entitling him or her to all necessary medical care major effort at job placement and retraining. We ad- without copayments or deductibles. The card could be vocate that many of these displaced workers be de- used with any fee-for-service practitioner and at any ployed in expanded programs of public health, health institution receiving a global budget. HMO members promotion and education, and home care and as sup- could receive nonemergency care only through their port personnel to free nurses for clinical tasks. HMO, although they could readily transfer to the non-HMO option. The Effect on Hospitals Thus, patients would have a free choice of provid- Hospitals' revenues would become stable and pre- ers. and the financial threat of illness would be elimi- dictable. More than half the current hospital bureau- nated. Taxes would increase by an amount equivalent cracy would be eliminated, and the remaining ad- to the current total of medical expenditures by indi- ministrators could focus on facilitating clinical care viduals. Conversely, individuals' aggregate payments and planning for future health needs. for medical care would decrease by the same amount. The capital budget requests of hospitals would be The Practitioner's View weighed against other priorities for health care invest- ment. Hospitals would neither grow because they Physicians would have a free choice of practice set- were profitable nor fail because of unpaid bills - al- tings. Treatment would no longer bc constrained by though regional health planning would undoubtedly the patient's insurance status or by bureaucratic dicta. mandate that some expand and others close or be put On the basis of the Canadian experience, we antici- to other uses. Responsiveness to community needs, the pate that the average physician's income would quality of care, efficiency, and innovation would re- change little, although differences among specialties place financial performance as the bottom line. The might be attenuated. elimination of new for-profit investment would lead to Fee-for-service practitioners would be paid for the a gradual conversion of proprietary hospitals to not- care of anyone not enrolled in an HMO. The entre- for-profit status. preneurial aspects of medicine - with the attendant problems as well as the possibilities - would be limit- The Effect on the Insurance Industry ed. Physicians could concentrate on medicine; every The insurance industry would feel the greatest im- patient would be fully insured, but physicians could pact of this proposal. Private insurance firms would increase their incomes only by providing more care. have no role in health care financing, since the public Billing would involve imprinting the patient's national administration of insurance is more efficient¹ and health program card on a charge slip, checking a box single-source payment is the key to both equal access to indicate the complexity of the procedure or service, and cost control. Indeed, most of the extra funds need- and sending the slip (or a computer record) to the ed to finance the expansion of care would come from physician-payment board. This simplification of bill- eliminating the overhead and profits of insurance ing would save thousands of dollars per practitioner in companies and abolishing the billing apparatus neces- annual office expenses. I sary to apportion costs among the various plans. Bureaucratic interference in clinical decision mak- ing would sharply diminish. Costs would be contained The Effect on Corporate America by controlling overall spending and by limiting entre- Firms that now provide generous employee health preneurial incentives, thus obviating the need for the benefits would realize savings, because their contri- kind of detailed administrative oversight that is char- bution to the national health program would be less acteristic of the DRG program and similar schemes. than their current health insurance costs. For exam- Indeed, there is much less administrative intrusion in ple, health care expenditures by Chrysler, current- day-to-day clinical practice in Canada (and most oth- ly $5,300 annually per employee, It would fall to about Vol. 320 No. 2 A NATIONAL HEALTH PROGRAM - HIMMELSTEIN ET AL. 107 $1,600, a figure calculated by dividing the total cur- a national health program. Similarly, racial, linguis- rent U.S. spending on health by private employers by tic, geographic, and other nonfinancial barriers to the total number of full-time-equivalent, nongovern- access would persist. The need for quality assur- ment employees. Since most firms that compete in ance and continuing medical education would be no international markets would save money, the com- less pressing. High medical school tuitions that skew petitiveness of U.S. products would be enhanced. specialty choices and discourage low-income appli- However, costs would increase for companies that do cants, the underrepresentation of minorities, the not now provide health benefits. The average health role of foreign medical graduates, and other issues care costs for employers would be unchanged in the in medical education would remain. Some patients short run. In the long run, overall health costs would would still seek inappropriate emergency care, and rise less steeply because of improved health planning some physicians might still succumb to the temptation and greater efficiency. The funding mechanism ulti- to increase their incomes by encouraging unneeded mately adopted would determine the corporate share services. The malpractice crisis would be only par- of those costs. tially ameliorated. The 25 percent of judgments now awarded for future medical costs would be elimi- Health Benefits and Financial Costs nated, but our society would remain litigious, and There is ample evidence that removing financial legal and insurance fees would still consume about two barriers to health care encourages timely care and im- thirds of all malpractice premiums. 23 Establishing proves health. After Canada instituted a national research priorities and directing funds to high-quality health program, visits to physicians increased among investigations would be no easier. Much further work patients with serious symptoms. 15 Mortality rates, in the area of long-term care would be required. which were higher than U.S. rates through the 1950s Regional health planning and capital allocation would and early 1960s, fell below those in the United make possible, but not ensure, the fair and efficient States. 16 In the Rand Health Insurance Experiment, allocation of resources. Finally, although insurance free care reduced the annual risk of dying by 10 per- coverage for patients with AIDS would be ensured, cent among the 25 percent of U.S. adults at highest the need for expanded prevention and research and risk.³ Conversely, cuts in California's Medicaid pro- for new models of care would continue. Although gram led to worsening health. 17 Strong circumstantial all these problems would not be solved, a national evidence links the poor U.S. record on infant mortality health program would establish a framework for ad- with inadequate access to prenatal care. 18 dressing them. We expect that the national health program would Political Prospects cause little change in the total costs of ambulatory and hospital care; savings on administration and billing Our proposal will undoubtedly encounter power- (about 10 percent of current health spending¹) would ful opponents in the health insurance industry, firms approximately offset the costs of expanded serv- that do not now provide health benefits to employees, ices. 19,20 Indeed, current low hospital-occupancy rates and medical entrepreneurs. However, we also have suggest that the additional care could be provided at allies. Most physicians (56 percent) support some low cost. Similarly, many physicians with empty ap- form of national health program, although 74 percent pointment slots could take on more patients without are convinced that most other doctors oppose it.²⁴ added office, secretarial, or other overhead costs. Many of the largest corporations would enjoy sub- However, the expansion of long-term care (under any stantial savings if our proposal were adopted. Most system) would increase costs. The experience in Can- significant, the great majority of Americans support ada suggests that the increased demand for acute care a universal, comprehensive, publicly administered na- would be modest after an initial surge²¹,²² and that tional health program, as shown by virtually every improvements in health planning⁸ and cost contain- opinion poll in the past 30 years. 25,26 Indeed, a ment made possible by single-source payment⁹ would 1986 referendum question in Massachusetts calling for slow the escalation of health care costs. Vigilance a national health program was approved two to one, would be needed to stem the regrowth of costly and carrying all 39 cities and 307 of the 312 towns in intrusive bureaucracy. the commonwealth.²⁷ If mobilized, such public con- viction could override even the most strenuous private Unsolved Problems opposition. Our brief proposal leaves many vexing problems REFERENCES unsolved. Much detailed planning would be need- 1. Himmelstein DU, Woolhandler S. Cost without benefit: administrative ed to ease dislocations during the implementation waste in U.S. health care. N Engl J Med 1986; 314:441-5. of the program. Neither the encouragement of pre- 2. Advisory opinion regarding House of Representatives Bill 85-H-7748 (No. ventive health care and healthful life styles nor im- 86-269-MP. R.I. Sup. Ct. Jan 5. 1987). 3. Brook RH. Ware JE Jr, Rogers WH. et al. Does free care improve adults' provements in occupational and environmental health health? Results from a randomized controlled trial. N Engl J Med 1983; would automatically follow from the institution of 309:1426-34. 108 THE NEW ENGLAND JOURNAL OF MEDICINE Jan. 12, 1989 4. Siu AL, Sonnenberg FA, Manning WG. et al. Inappropriate use of hospitals 16. Roemer R, Roemer MI. Health manpower policy under national health in a randomized trial of health insurance plans. N Engl J Med 1986; insurance: the Canadian experience. Hyattsville, Md.: Health Resources 315:1259-66. Administration, 1977. (DHEW publication no. (HRA) 77-37.) 5. Brian EW, Gibbens SF. California's Medi-Cal copayment experiment. Med 17. Lune N. Ward NB, Shapiro MF, et al. Termination of Medi-Cal benefits: a Care 1974: 12:Suppl 12:1-303. follow-up study one year later. N Engl J Med 1986; 314:1266-8. 6. Iglehart JK. Canada's health care system. N Engl J Med 1986: 315:202-8. 18. Institute of Medicine. Preventing low birthweight. Washington, D.C.: Na- 778-84. tional Academy Press, 1985. 7. Idem. Canada's health care system: addressing the problem of physician 19. Newhouse JP. Manning WG. Morris CN, et al. Some interim results from a supply. N Engl J Med 1986; 315:1623-8. controlled trial of cost sharing in health insurance. N Engl J Med 1981; 8. Detsky AS. Stacey SR. Bombardier C. The effectiveness of a regulatory 305:1501-7. strategy in containing hospital costs: the Ontario experience, 1967-1981. 20. Himmelstein DU, Woolhandler S. Free care: a quantitative analysis of the N Engl J Med 1983; 309:151-9. health and cost effects of a national health program. Int J Health Serv 1988; 9. Evans RG. Health care in Canada: patterns of funding and regulation. In: 18:393-9. McLachlan G. Maynard A. eds. The public/private mix for health: the 21. LeClair M. The Canadian health care system. In: Andreopoulos S, ed. relevance and effects of change. London: Nuffield Provincial Hospitals National health insurance: can we learn from Canada? New York: John Trust, 1982:369-424. Wiley, 1975:11-92. 10. Woolhandler S. Himmelstein DU. Reverse targeting of preventive care due 22. Evans RG. Beyond the medical marketplace: expenditure. utilization and to lack of health insurance. JAMA 1988; 259:2872-4. pricing of insured health care in Canada. In: Andreopoulos S. ed. National 11. Reinhardt UE. Resource allocation in health care: the allocation of lifestyles health insurance: can we learn from Canada? New York: John Wiley, to providers. Milbank Q 1987; 65:153-76. 1975:129-78. 12. Hoffenberg R. Clinical freedom. London: Nuffield Provincial Hospitals 23. Danzon PM. Medical malpractice: theory, evidence. and public policy. Trust, 1987. Cambridge. Mass.: Harvard University Press. 1985. 13. Home JM. Beck RG. Further evidence on public versus private administra- 24. Colombotas J, Kirchner C. Physicians and social change. New York: Ox- tion of health insurance. J Public Health Policy 1981; 2:274-90. ford University Press, 1986. 14. Cronin C. Next Congress to grappie with U.S. health policy. competitive- 25. Navarro V. Where is the popular mandate? N Engl J Med 1982; 307:1516- ness abroad. Bus Health 1986: 4(2):55. 8. 15. Enterline PE, Salter V. McDonald AD. McDonald JC. The distribution of 26. Pokomy G. Report card on health care. Health Manage Q 1988; 10(1):3-7. medical services before and after "free" medical care - the Quebec experi- 27. Danielson DA, Mazer A. Results of the Massachusetts Referendum on a ence. N Engl J Med 1973; 289:1174-8. national health program. J Public Health Policy 1987; 8:28-35. NATIONAL Terry E. Branstad Raymond C. Scheppach Governor of Iowa Executive Director GOVERNORS Chairman Hall of the States ASSOCIATION Booth Gardner 444 North Capitol Street Governor of Washington Washington, D.C. 20001-1572 Vice Chairman Telephone (202) 624-5300 August 17, 1989 MEMORANDUM TO: Interested Parties FROM: Senior Policy J-1+9 Analyst Ian Hill RE: Medicaid Eligibility and Coverage for Pregnant Women, Children and Families In our continuing effort to monitor and report on state Medicaid programs' coverage of low-income pregnant women, children, and families, the Health Programs unit of NGA's Center for Policy Research has developed the enclosed, updated summary tables. Please find attached: 1) a map displaying states' responses to both OBRA-86 and OBRA-87 authority to raise income eligibility thresholds for pregnant women and children; 2) a more detailed summary of state OBRA-86/87 program characteristics including information on income thresholds as a percent of poverty, coverage of children, treatment of assets, continuous eligibility, and presumptive eligibility; 3) a table displaying annualized income eligibility thresholds, by state for family size three, for AFDC programs, Medically Needy programs, and OBRA-86/87 programs; 4) a table displaying AFDC Need and Payment Standards for family sizes one through four; and 5) a table displaying Medically Needy Protected Income Levels for family sizes one through four. All information is current as of July 1989. To summarize, a full 44 states and the District of Columbia have expanded their Medicaid programs by creating special income limits for pregnant women and children. This spring 8 more states raised their income thresholds above the poverty level to as high as 185% ofpoverty, bringing the total number of states in this range to 20. Twenty-four other states have established limits at 100% of poverty and 1 state maintains a level above AFDC limits but below 100% of poverty. Also, one state covers a similar population of pregnant women and children under a state-funded assistance program. A total of just 5 states were affected by mandated expansions under the Catastrophic Coverage Act of 1988 and expanded eligibility to 75% of poverty. In addition to these expansions for pregnant women and infants, a number of states have taken advantage of OBRA-87 flexibility to accelerate coverage of older children. This spring the number of states covering children up to the poverty level between the ages of 5 and 8 more than doubled from 9 to 19, while 19 other states will continue phasing in coverage of children between the ages of 2 and 5 one year at a time. In an encouraging effort to simplify and streamline eligibility systems, 6 more states have done away with resource restrictions this spring, bringing the total number of states who have dropped their assets test to 42. In addition, 41 states have guaranteed pregnant women continuous eligibility throughout their pregnancy regardless of fluctuations in income. Twenty-three states have adopted the presumptive eligibility option in order to extend temporary eligibility to women so that they can receive Medicaid-reimbursed prenatal care while their formal application is being reviewed. Approximately two-fifths of the states increased their AFDC income eligibility thresholds in July 1989. These increases tended to only keep pace with inflation. In the average state, the AFDC threshold for a family of three stands at $4942 per year, or 48.6% of the federal poverty level. This average threshold has hovered at just under 50% of poverty for the last several years. Similarly, the Medically Needy threshold in the average state increased only slightly from 60% to 61% of poverty, although 17 of the 36 state Medically Needy programs experienced increases. We appreciate the assistance states provided in compiling this information and hope that it will be useful in your work. If you have any questions or require further information, please call Ian Hill at (202) 624-7820 or Haiden Huskamp at (202) 624-5348. STATES BROADENING MEDICAID ELIGIBILITY Coverage of Pregnant Women and Children Up To/Above Poverty July 1989 State Responses Adopted OBRA-87 Adopted OBRA-86 Other State Program Federally Mandated Level SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 OBRA '86/'87 SUMMARY STATUS COVERAGE OPTIONS FOR PREGNANT WOMEN AND CHILDREN, AS OF JULY 1989 ORIGINAL PREGNANT WOMEN OLDER CHILDREN COVERED AND INFANTS UNDER POVERTY TO AGE DROPPED CONTINUOUS PRESUMPTIVE EFFECTIVE PERCENT POVERTY 2- 4 5 - 8 ASSETS TEST ELIGIBILITY ELIGIBILITY DATE Alabama 100 X X X 7/88 Alaska 100 X X X 1/89 Arizona 100 X X X 1/88 100 X X X X 4/87 Arkansas California 185 7/89* Colorado 75** X* 7/89 Connecticut 185 X X 4/88 Delaware 100 X X X 1/88 DC 100 X X X 4/87 Florida 150 X X X X 10/87 Georgia 100 X X X 1/89 Hawaii 185* X X X X 1/89 Idaho 75** X X X 1/89 Illinois 100 X X 7/88 Indiana 100 X X X X 7/88 lowa 185 X X X 1/89 Kansas 150 X X 7/88 Kentucky 125 X X 10/87 Louisiana 100 X X X X 1/89 Maine 185 X X X 10/88 Maryland 185 X X X X 7/87 Massachusetts 185 X X X X 7/87 Michigan 185 X X X 1/88 Minnesota 185 X X X 7/88 Mississippi 185 X X X 10/87 ouri 100 X X 1/88 ana 100 X 7/89 braska 100 X X X X 7/88 Nevada 75** X X 7/89 New Hampshire 75** X 7/89 New Jersey 100 X X X X 7/87 New Mexico 100 X X X X 1/88 New York 185 X X X 1/90* North Carolina 100 X X X X 10/87 North Dakota 75** 7/89 Ohio 100 X X 1/89 Oklahoma 100 X X X 1/88 Oregon 85 X X X 11/87 Pennsylvania 100 X X X 4/88 Rhode Island 185 X X X 4/87 South Carolina 185 X X X 10/87 South Dakota 100 X X X 7/88 Tennessee 100 X X X X 7/87 Texas 130 X X X 9/88 Utah 100 X X X 1/89 Vermont 185 X X X 10/87 Virginia 100 X X X 7/88 Washington 185 X X X 7/87 West Virginia 150 X X X 7/87 Wisconsin *** X 4/88 Wyoming 100 X X X 10/88 TOTAL 45 19 19 42 41 23 FUTURE IMPLEMENTATION DATE COMPLIANCE WITH MINIMUM MANDATED COVERAGE *** STATE FUNDED PROGRAM COVERS PREGNANT WOMEN AND INFANTS BELOW 120% OF POVERTY SOURCE: NATIONAL GOVERNORS' ASSOCIATION - JULY, 1989 ANNUALIZED MEDICAID ELIGIBILITY THRESHOLDS a AFDC, MEDICALLY NEEDY, OBRA 86/87 PREGNANT WOMEN - JULY 1989 AFDC PERCENT OF MEDICALLY PERCENT OF OBRA-86/87 PERCENT OF FAMILY OF 3 POVERTY NEEDY POVERTY PREGNANT WOMEN POVERTY $10,060 FAMILY OF 3 $10,060 FAMILY OF 3 $10,060 b Alabama $1,416 14.1% $ $10,060 100.0% Alaska 9,708 77.2% 12,580 100.0% Arizona 3,516 35.0% 10,060 100.0% Arkansas 2,448 24.3% 3,300 32.8% 10,060 100.0% California 8,328 82.8% 10,704 106.4% 18,611 185.0% Colorado 5,052 50.2% 7,545 75.0% * Connecticut 6,660 66.2% 8,857 88.0% 18,611 185.0% Delaware 3,996 39.7% 10,060 100.0% D.C. 4,716 46.9% 6,288 62.5% 10,060 100.0% Florida 3,444 34.2% 4,596 45.7% 15,090 150.0% Georgia 4,968 49.4% 4,404 43.8% 10,060 100.0% Hawaii 7,224 62.4% 7,224 62.4% 21,405 185.0% Idaho 3,780 37.6% 7,545 75.0% Illinois 4,104 40.8% 5,496 54.6% 10,060 100.0% Indiana 3,456 34.4% 10,060 100.0% lowa 4,920 48.9% 6,600 65.6% 18,611 185.0% Kansas 4,920 48.9% 5,760 57.3% 15,090 150.0% Kentucky 6,312 62.7% 3,696 36.7% 12,575 125.0% Louisiana 2,280 22.7% 3,096 30.8% 10,060 100.0% Maine 7,584 75.4% 7,092 70.5% 18,611 185.0% Maryland 4,752 47.2% 5,508 54.8% 18,611 185.0% Massachusetts 6,948 69.1% 9,300 92.4% 18,611 185.0% Michigan 6,900 68.6% 6,660 66.2% 18,611 185.0% Minnesota 6,384 63.5% 8,508 84.6% 18,611 185.0% Mississippi 4,416 43.9% 18,611 185.0% Missouri 3,420 34.0% 10,060 100.0% Montana 4,308 42.8% 4,896 48.7% 10,060 100.0% Nebraska 4,368 43.4% 5,904 58.7% 10,060 100.0% Nevada 3,960 39.4% 75.0% * 7,545 New Hampshire 6,072 60.4% 6,900 68.6% 75.0% * 7,545 New Jersey 5,088 50.6% 6,792 67.5% 10,060 100.0% New Mexico 3,168 31.5% 10,060 100.0% New York 6,468 64.3% 8,508 84.6% 18,611 185.0% North Carolina 3,192 31.7% 4,296 42.7% 10,060 100.0% North Dakota 4,632 46.0% 5,220 51.9% 7,545 75.0% Ohio 3,852 38.3% 10,060 100.0% Oklahoma 5,652 56.2% 5,196 51.7% 10,060 100.0% Oregon 5,184 51.5% 6,900 68.6% 8,591 85.4% Pennsylvania 4,608 45.8% 5,400 53.7% 10,060 100.0% Rhode Island 6,516 64.8% 8,700 86.5% 18,611 185.0% South Carolina 5,028 50.0% 18,611 185.0% South Dakota 4,524 45.0% 10,060 100.0% Tennessee 4,644 46.2% 3,000 29.8% 10,060 100.0% Texas 2,208 21.9% 3,204 31.8% 13,078 130.0% Utah 6,192 61.6% 6,192 61.6% 10,060 100.0% Vermont 7,812 77.7% 10,500 104.4% 18,611 185.0% Virginia 3,492 34.7% 4,296 42.7% 10,060 100.0% Washington 5,904 58.7% 7,188 71.5% 18,611 185.0% West Virginia 2,988 29.7% 3,480 34.6% 15,090 150.0% Wisconsin 6,204 61.7% 8,268 82.2% Wyoming 4,320 42.9% 10,060 100.0% AVG. STATE $4,942 48.6% $6,165 61.0% $14,617 144.1% * COMPLYING WITH FEDERAL MANDATE SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 ANNUALIZED MEDICAID ELIGIBILITY THRESHOLDS a AFDC, MEDICALLY NEEDY, OBRA 86/87 PREGNANT WOMEN - JULY 1989 NOTES: a. AFDC and Medically Needy thresholds current through July 1989. Under AFDC, the term "threshold" refers to that income limit that truly drives program eligibility. In most states, this is the Payment Standard. In COLORADO, GEORGIA, KENTUCKY, MAINE, MICHIGAN, MISSISSIPPI, OKLAHOMA, SOUTH CAROLINA, TENNESSEE and UTAH, the threshold is the state's Need Standard. Please note, in these ten states, the threshold that appears on the table is not what the state pays to AFDC recipients. These states' Payment Standards are actually significantly lower than the eligibility threshold. b. Poverty levels for Hawaii and Alaska differ from other states: Alaska - family of three = $12,580; Hawaii - family of three = $11,570. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) MONTHLY NEED AND PAYMENT AMOUNTS - JULY 1989 FAMILY OF ONE FAMILY OF TWO FAMILY OF THREE FAMILY OF FOUR NEED MAXIMUM NEED MAXIMUM NEED MAXIMUM NEED MAXIMUM STANDARD PAYMENT STANDARD PAYMENT STANDARD PAYMENT STANDARD PAYMENT Alabama $390 $59 $479 $88 $571 $118 $670 $147 Alaska 453 453 719 719 809 809 899 899 Arizona 367 173 494 233 621 293 748 353 Arkansas 280 81 560 162 705 204 850 247 California 341 341 560 560 694 694 824 824 Colorado 253 214 331 280 421 356 510 432 Connecticut 340 340 452 452 555 555 652 652 Delaware 184 184 247 247 333 333 402 402 DC 450 248 560 309 712 393 870 480 Florida 498 163 668 220 838 287 1008 338 Georgia 229 151 347 229 414 273 488 322 Hawaii 572 357 768 480 964 602 1160 725 Idaho 365 208 446 254 554 315 627 357 Illinois 427 198 539 250 740 342 835 386 Indiana 155 139 255 229 320 288 385 346 lowa 213 176 421 347 497 410 578 476 Kansas 243 243 330 330 410 410 480 480 Kentucky 394 162 460 196 526 228 592 285 Louisiana 245 72 472 138 658 190 809 234 Maine 299 207 470 326 632 438 794 551 Maryland 243 175 428 309 548 396 660 477 Massachusetts 392 392 486 486 579 579 668 668 Michigan 348 291 466 388 575 479 702 585 Minnesota 250 250 437 437 532 532 621 621 Mississippi 218 60 293 96 368 120 443 144 Missouri 145 132 250 228 312 285 365 333 Montana 256 212 346 286 434 359 523 433 Nebraska 222 222 293 293 364 364 435 435 Nevada 350 210 450 270 550 330 650 390 New Hampshire 380 380 442 442 506 506 563 563 New Jersey 162 162 322 322 424 424 488 488 New Mexico 156 156 210 210 264 264 317 317 New York 334 334 439 439 539 539 639 639 North Carolina 354 177 462 231 532 266 582 291 North Dakota 209 209 313 313 386 386 472 472 Ohio 440 191 606 263 739 321 914 397 Oklahoma 291 201 364 252 471 325 583 403 Oregon 289 289 369 369 432 432 526 526 Pennsylvania 298 195 461 301 587 384 724 474 Rhode Island 321 321 440 440 543 543 620 620 South Carolina 249 123 335 165 419 206 504 248 South Dakota 265 265 333 333 377 377 421 421 Tennesee 198 94 297 141 387 184 472 224 Texas 235 75 493 158 574 184 691 221 Utah 299 224 414 310 516 387 603 452 Vermont 670 431 817 547 973 651 1090 730 Virginia 174 157 257 231 322 291 386 347 Washington 557 314 705 397 872 492 1026 578 West Virginia 289 145 401 201 497 249 623 312 Wisconsin 311 248 550 440 647 517 772 617 Wyoming 195 195 320 320 360 360 390 390 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) MONTHLY NEED AND PAYMENT AMOUNTS - JULY 1989 NOTES: IN A NUMBER OF STATES, NEED AND PAYMENT AMOUNTS VARY DEPENDING ON FACTORS SUCH AS REGION, SEASON (SUMMER OR WINTER), AND WHAT COMPONENTS ARE INCLUDED IN THE STANDARD (E.G., RENTAL ALLOWANCE. IN ALL SUCH CASES, THE REGION WITH THE HIGHEST CONCENTRATION OF RECIPIENTS AND/OR THE HIGHEST SEASONAL RATE IS DISPLAYED. DETAILED NOTES BY STATE (WHERE APPLICABLE) APPEAR BELOW. CT - REGION B KS - METROPOLITAN AREAS LA - URBAN AREAS MA - RENTAL ALLOWANCE INCLUDED MI - ANNUALIZED SUMMER/WINTER AVERAGE NY - NEW YORK CITY REGION PA - PHILADELPHIA REGION VT - CHITTENDEN COUNTY VA GROUP 2 WI AREA 1 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 MEDICALLY NEEDY MONTHLY PROTECTED INCOME LEVELS FAMILY SIZE ONE THROUGH FOUR - JULY 1989 FAMILY OF ONE FAMILY OF TWO FAMILY OF THREE FAMILY OF FOUR Alabama $ $ $ $ Alaska Arizona Arkansas 108 217 275 333 California 575 714 892 1059 Colorado Connecticut 452 601 738 867 Delaware DC 391 412 524 640 Florida 300 300 383 458 Georgia 208 308 367 433 Hawaii 357 480 602 725 Idaho Illinois 267 333 458 517 Indiana lowa 466 466 550 633 Kansas 368 475 480 506 Kentucky 217 267 308 383 Louisiana 100 192 258 317 Maine 400 441 591 741 Maryland 375 417 459 500 Massachusetts 483 650 775 891 Michigan 391 525 555 585 Minnesota 466 582 709 828 Mississippi Missouri Montana 368 383 408 433 Nebraska 392 392 492 584 Nevada New Hampshire 382 554 575 597 New Jersey 350 433 566 658 New Mexico New York 459 659 709 850 North Carolina 242 308 358 392 North Dakota 345 400 435 530 Ohio Oklahoma 275 341 433 541 Oregon 385 491 575 701 Pennsylvania 408 425 450 542 Rhode Island 550 592 725 833 South Carolina South Dakota Tennessee 175 192 250 300 Texas 100 211 267 301 Utah 337 413 516 602 Vermont 733 733 875 975 Virginia 250 308 358 400 Washington 396 532 599 667 West Virginia 200 275 290 312 Wisconsin 471 592 689 823 Wyoming SOURCE: NATIONAL GOVERNORS' ASSOCIATION, JULY 1989 MEDICAID ELIGIBILITY: SELECTED PROGRAM CHARACTERISTICS September, 1989 Medicaid eligibility is acknowledged to be the most intricate piece of a very complex program. Designed in 1965 as a medical program for persons on existing welfare programs, the Medicaid program originally served only those eligible for Aid to Families with Dependent Children (AFDC) or for the programs now encompassed by the Supplemental Security Income (SSI) program. However, since that time there have been numerous revisions and additions to the original list of mandated and optional eligibility categories. Some changes added large numbers of Medicaid eligibles, while others developed to protect selected groups of individuals added few new recipients. Over the years the revisions have resulted in overlapping categories rendering several unnecessary and others impossible to distinguish. The myriad categories present program management challenges to Medicaid directors in terms of training eligibility workers, accounting for the various categories of individuals, and program budgeting. For local eligibility workers, there is the difficult task of learning all the different "boxes" into which an individual might fit and then the challenge of determining how the boxes relate to the real live applicant sitting at your desk. A person placed in the wrong box, especially a person allowed Medicaid access in error, can result in penalties imposed by the federal government against the state. Eligibility errors can result in substantial financial penalties. This narrative and attached tables provide information on state coverage of major eligibility options as of September 30, 1989, the end of the federal fiscal year. Following a brief discussion on recent changes in Medicaid eligibility concepts, there is a description of state eligibility criteria. In that description, the myriad separate categories are combined into four general ways of achieving Medicaid access. Each of the four are discussed with special attention paid to state response to recent federal legislative changes. Finally, there is a comparison of eligibility across the four major categories. While the attempt is to create an overview of Medicaid eligibility across states, it must be remembered that the attached only addresses major issues and eligibility categories. A comprehensive analysis would require detailed examination of all eligibility categories and requirements. RECENT DIRECTIONS IN MEDICAID ELIGIBILITY Most revisions to Medicaid eligibility were actually changes to eligibility for the welfare programs, until the Omnibus Budget Reconciliation Act of 1986 (OBRA 86) added new categories of poverty-related rather than welfare-related persons. While the OBRA 86 provisions broadened eligibility options for needy persons through the addition of new categories and the severing of traditional links between Medicaid eligibility and the financial requirements of income assistance programs, they also further complicated Medicaid eligibility. Prior to OBRA 86 individuals became Medicaid eligible because they met the characteristics, income thresholds and resource standards of the AFDC program or the SSI program, or because they met the AFDC or SSI characteristics and had sufficient medical bills to reduce their countable income to Medicaid Medically Needy income thresholds. OBRA 86 established new Medicaid eligibility options. The new categories include poor pregnant women and children, and aged and disabled, who do not meet AFDC or SSI income standards, but do meet a state-selected percentage of the federal poverty guidelines. The new coverage groups represent a first severing of the link between AFDC and Medicaid eligibility for poor pregnant women and children as well as a severing of the link between SSI and Medicaid eligibility for the elderly. Since OBRA 86, there have been several expansions to the poor pregnant women and children groups and an expansion for the poor elderly. OBRA 87 allowed states to increase income standards for pregnant women and infants up to 185 percent of poverty. It also permitted broader coverage of children under poverty. The Medicare Catastrophic Coverage Act of 1988 (MCCA 88) mandated that all states phase-in coverage of pregnant women and infants up to 100 percent of poverty. It also required state Medicaid programs to pay Medicare cost-sharing amounts for poor Medicare beneficiaries. OBRA '89 added additional coverages effective in 1990. Most importantly, as of April 1990, states must cover pregnant women and children up to age 6 in families with incomes up to 133 percent of poverty. MAJOR ELIGIBILITY CATEGORIES The numerous eligibility categories can be grouped into four routes to Medicaid eligibility: AFDC; SSI; Medically Needy; and Poverty-related Pregnant Women and Children, and Aged/Disabled. AFDC is generally the route to Medicaid for families with children where one parent is absent from the home. SSI is the route for aged, blind, and disabled meeting that program's requirements. Medically Needy individuals are those who have income in excess of AFDC or SSI income thresholds, but have sufficient medical bills that reduce their countable income to Medically Needy income thresholds. The process of counting medical bills against income is known as "spenddown." Poverty-related Pregnant Women and Children are those who have income exceeding the AFDC income standard up to a state-selected percentage of poverty. Similarly, the Aged/Disabled may have income in excess of SSI standards up to the state-selected poverty figure. However, within these categories there are many permutations of the general program rules. For example, while Medicaid is required to cover AFDC recipients, there are AFDC "type" or "AFDC-related" individuals who must also be covered, including: families losing AFDC because of employment, families losing AFDC because earned income disregard provisions do not apply, families losing AFDC because of child support, and persons whose AFDC cash payment would be less than $10. At the same time that there are different family types within one category, a particular type of individual may qualify through more than one eligibility route. For example, a poor pregnant woman may qualify as AFDC-related, Medically Needy, or through the Poverty-related Pregnant Women category. To qualify as AFDC-related, the woman must be single and meet AFDC income and resource standards. If she is married and has income above the AFDC standard, but below the state-selected percentage of poverty, she may qualify under the Poverty-related Pregnant Women category. In most states, under this option, her resources are not considered. If she has income and resources exceeding the standards in either of these programs, but can spenddown to the state's Medically Needy income level, she can qualify through the Medically Needy program. Because Medically Needy income standards are considerably lower than the poverty-related standards, she spends down to a significantly lower percentage of poverty to qualify for Medicaid. - - 2- AFDC-Related Groups Nearly three-quarters of all recipients access Medicaid because of their AFDC-related status. States must provide Medicaid to all persons receiving AFDC. Generally, AFDC payments are made to families with children where one parent is absent from the home. States establish income and resource standards for their AFDC programs. As part of the income standard, states establish a monthly "need standard," representing the state's determination of the minimum amount of money a family of a given size needs to subsist, and a monthly "payment standard," the actual maximum payment a state makes to an eligible family. States use these standards differently to calculate payments and depending upon the method used either the need or payment standard may drive program eligibility. (For further explanation of calculation methods refer to "Medicaid Eligibility: Summary Status of Selected Program Characteristics," Catalogue of State Medicaid Program Characteristics, 1989.) Table 1 lists each state's AFDC Need Standard and Maximum Payment. Using these standards along with the information on which standard drives eligibility determinations in each state, it is possible to determine that for a family of three, which is the average AFDC family size, the income threshold across states averages $412/month. This amount represents 49.7 percent of the 1989 federal poverty level standard for that family. For an AFDC family of two, the income threshold averages $335/month (50 percent of poverty). Twenty-one states have income standards that are above 50 percent of poverty. States have the option of covering two-parent families who meet AFDC income and resource standards when the principal breadwinner is unemployed. Thirty-four states extend Medicaid coverage to such AFDC-unemployed parent (AFDC-UP) families (Table 2). Beginning October 1, 1990, this optional group becomes mandatory because of a Medicaid provision in the Family Support Act of 1988. Another AFDC-related optional group is "Ribicoff Children." These are children who meet AFDC income and resource requirements, but not the characteristics of a "dependent" child. States may cover all such children up to a specified age limit including those from intact two-parent families. Alternatively, a state may cover selected categories of Ribicoff children. Major categories of these children include those whose adoptions were partially or fully subsidized through public funds, children in foster homes or private institutions, children in intermediate care facilities, those in intermediate care facilities for the mentally retarded, and children in inpatient psychiatric facilities. In addition, states may define other reasonable categories of such children (Table 3). To cover children in foster homes or private institutions, states must have assumed partial or full financial responsibility for the children. If states cover such publicly supported children, they may choose to cover children placed in foster homes or private institutions when placed by private non-profit agencies. Coverage of children in institutions is contingent upon that institutional coverage being a part of the state plan. Three states do not cover psychiatric facilities and, therefore, do not cover this category of Ribicoff children. All states cover some Ribicoff children. Thirty states cover all such AFDC-related children, including those in intact families, up to age 18. Of these states, twenty cover these children up to age 21. Six of the nine states covering all children up to - 3 - age 18 cover selected categories of them up to age 21. The remaining states cover some categories, often using different age limits for the various categories. Six of these states have developed additional reasonable classifications of Ribicoff children. In addition to optional coverage of Ribicoff children. It is important to note that all states are required to cover some "Ribicoff-type" children. The Deficit Reduction Act of 1984 (DEFRA) mandated a phase-in of all children who meet AFDC financial requirements and were born after September 30, 1983, regardless of family structure. The DEFRA requirement only applied to such qualified children up to age 5. Subsequent amendments have been made to that provision so that currently states are required to cover all children up to age 7 who meet AFDC income and resource requirements. As of September 30, 1989, the oldest children in this AFDC-related group were age 6. States may cover additional children in this age bracket through the poverty-related coverages. Other optional AFDC-related individuals include those eligible for, but not receiving AFDC payments (28 states) and those who would be eligible for Medicaid if not in a Medicaid institution or intermediate care facility because of lower income standards used to determine eligibility in these institutions (29 states). Another category is of families who would be eligible if their child care costs were paid from their earnings, rather than by a state agency (12 states) (Table 4). Supplemental Security Income-Related Groups Aged, blind, and disabled persons often access Medicaid by meeting the characteristics, income thresholds, and resource standards of the SSI program. The non-financial requirements include that the individual be age 65 or over, blind, or have a permanent disability preventing that person from engaging in substantial gainful activity. For children, qualifying disabilities are those that would qualify an adult for SSI payments. Unlike the AFDC program, federal statute dictates a uniform SSI program income or payment standard. In 1989, the standard was $368/month for an individual and $553/month for a couple. The statute set resource standard was $2,000 for an individual and $3,000 for couples. The payment standard plus any state supplement payments (SSPs) made to an SSI recipient constitutes the eligibility threshold for an SSI recipient. Most states make such optional SSPs to some categories of SSI elderly and disabled individuals in selected assisted living arrangements. The amount of these payments generally relates to the level of assistance provided in the living arrangement. The most typical SSP category that applies equally across states is the SSP for individuals and couples living independently in the community. About half of the states make this category of SSP payment (Table 6). All states cover some SSI individuals. Thirty-eight provide Medicaid to all SSI recipients. Thirteen states, commonly referred to as "209(b)" states, cover only SSI individuals who meet their generally more restrictive criteria. The "209(b)" states use disability definitions, income disregards, or resource standards which vary from those used by the SSI program (The term "209(b)" refers to the section of the enabling legislation authorizing this latitude.) States using more restrictive financial standards must allow higher income individuals to spenddown to those standards even if the state does not have a Medically Needy program. The standards used by these 13 states are listed on Table 7. There were 14 such states, but Utah indicates that it has elected to cover all SSI eligibles. - 4 In twenty-seven states, institutionalized individuals may qualify for Medicaid based upon a higher income standard than that used for AFDC or SSI individuals. States are allowed to use an income standard that is as much as 300 percent of the SSI uniform payment, which in 1989 meant states could use an income threshold up to $1104. The resource standard for this group is the same as for non-institutionalized SSI persons. If a state uses a higher income threshold for this group, the same standard may be used for home- and community-based services (HCBS) waiver recipients and must be used for optional disabled children who are served in the home in lieu of institutionalization. Ten states do not use an income threshold for institutional individuals, instead treating them as Medically Needy and allowing them to spenddown to Medically Needy Income Levels (MNIL). All states use either Medically Needy programs or higher income standards to qualify persons in institutions with income and/or resources in excess of SSI standards. Another SSI-related group is disabled children under age 18 who require an institutional level of care, but can be cared for cost-effectively at home. Coverage for this group, authorized by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), has been adopted by eighteen states (Table 9). All of these states and most other states operate HCBS waivers which include such children, thus using a service option to extend eligibility for disabled children (For further information, see Medicaid Home Care Options for Disabled Children, NGA 1990). Similar to the disabled children option is the option for ventilator-dependent individuals authorized by OBRA 87 which has been adopted by six states (Table 9). However, as they do for disabled children, many states use HCBS waivers to provide cost-effective home care to these individuals who would otherwise require institutionalization. Other eligibility expansions authorized in MCCA 88, which are significant for disabled and institutionalized individuals include those related to "spousal impoverishment." These provisions, which were effective September 30, 1989, protect a portion of the couple's income and resources for the community spouse. Under the provisions, the community spouse's income is protected up to at least 122 percent of the 1989 poverty level for a family of two ($815/month). In terms of resources, community spouses retain their home, as well as a community spouse resource allowance (CSRA). The allowance may vary from $12,000 up to $60,000 depending on the couple's resources and the state-selected CSRA minimum. States must allow community spouses to keep the greater of $12,000 and one-half of the couple's joint assets up to $60,000. However, states may choose to raise the $12,000 minimum as high as $60,000, which allows the community spouse to retain all resources up to $60,000. Sixteen states have chosen $60,000 as the minimum allowance (Table 9). Medically Needy Individuals Medically needy persons are those whose income and/or resources exceed the AFDC or SSI standards, but meet the higher income and resource standards of a state's Medically Needy program, or have sufficient medical expenses to reduce their countable income to Medically Needy Income Levels. The process of subtracting medical expenses from income is referred to as "spenddown." - 5 - Medically Needy programs must cover pregnant women and children under age 18. In addition, categories of individuals selected for the Medically Needy program must already be covered in the state's Medicaid program. Thirty-six states have Medically Needy programs. Of these, thirty cover all the classifications shown on Table 11. Six cover selected categories. Twenty-five states with Medically Needy programs cover qualifying children up to age 21; eleven states cover children up to age 18 or 19. Moreover, nearly all the states cover caretaker relatives, aged, blind, and disabled. States specify income standards for each group within their Medically Needy program. Standards must be based on family size and be uniform for all individuals within the group. Several states have varying rates for geographic regions within the state or for seasons of the year. The income standards may not exceed 133 1/3 percent of the state's AFDC payment for the same size family. The Medically Needy Income Levels for a family of two across all states averages $435/month which represents 65 percent of poverty (Table 12). Poverty-Related Pregnant Women, Children, and Aged/Disabled Poverty-Related Pregnant Women and Infants The optional coverage of Poverty-related Pregnant Women and Infants was established in OBRA 86 and expanded upon in OBRA 87 and MCCA 88. As of July 1989, states were required to cover pregnant women and their infants in families with incomes up to 75 percent of poverty ($629/month for a family of three). Forty-six states exceeded the mandate and extended eligibility to pregnant women and infants up to as much as 185 percent of poverty ($1,551/month for a family of three) (Table 5). On average, states cover this group up to 126 percent of poverty ($1,056/month for a family of three). A family of two at 126 percent of poverty translates to $848/month. Also for this group, states can simplify eligibility by waiving resource standards (assets tests) (42 states) or by adopting continuous eligibility (41 states). Twenty-three states have established presumptive eligibility for this group. Thus, the majority of states have increased eligibility thresholds and streamlined applications in order to improve Medicaid access for pregnant women. (For additional information, see "Medicaid Eligibility: Summary Status of Selected Program Characteristics," Catalogue of State Medicaid Program Characteristics, 1989 and Reaching Women Who Need Prenatal Care: Strategies for Improving State Perinatal Programs, 1988.) Poverty-Related Children Increased options for Poverty-related Children were also authorized in OBRA 86 and OBRA 87. The options in these statutes allow states to phase-in children up to age 8, born after September 30, 1983, and in families with incomes above AFDC and up to the poverty level. Thirty-seven states extend eligibility to such children, using either the original OBRA 86 phase-in and cover children in the 2-4 age range or on the accelerated OBRA 87 plan and cover children in the 5-6 age bracket. As of September 30, 1989, age 6 was the upper limit for poor children covered through these options. Table 5 shows coverage of these children as implemented in September 1989, although some tates have already selected higher age groups and will "age-in" these children as they row older. - 6 Aged/Disabled and Qualified Medicare Beneficiaries OBRA 86 allowed states to extend Medicaid coverage to the Poverty-related Aged and Disabled with incomes up to 100 percent of poverty and resources at the SSI level or the state's Medically Needy Income Level. OBRA 86 also required states selecting this option to simultaneously adopt the Poverty-related Pregnant Women and Infants option. Six states have selected the Aged/Disabled option, four of them adopted it in 1989. Additional assistance is available for poverty-related aged and disabled as a result of MCCA 88 provisions on Medicare cost-sharing for certain poor Medicare persons whether or not they are Medicaid eligible. Prior to MCCA 88, Medicaid programs could choose to pay Medicare cost-sharing expenses for Medicaid recipients who were also Medicare eligible. All states covered some cost-sharing expenses for at least some dually eligible recipients. The new provisions require states to cover Medicare premiums, deductibles, and coinsurance cost-sharing amounts for all qualified Medicare beneficiaries (QMBs) whether or not they are Medicaid eligible. Beginning in January 1989, states were required to pay Medicare cost-sharing payments for Medicare beneficiaries who are Medicare Part A eligible persons with incomes up to 85 percent of poverty and resources up to two times the SSI program resource standard. Thus, in 1989, an elderly individual could qualify for this cost-sharing coverage if he or she had income up to $424/month and resources up to $4,000. On January 1, 1990, states are required to cover QMBs up to 90 percent of poverty. The resource limit remains the same. The mandated phase-in continues until QMBs are covered up to 100 percent of poverty in January 1992. A more gradual phase-in was granted to states that as of January 1987 used more restrictive income standards for persons over age 65 than those used by the SSI program. Four states are following the 5-year phase-in plan and will reach 100 percent of poverty by January 1993. While QMB coverage was mandated at 85 percent of poverty, states were allowed to select a higher percentage, up to 100 percent. Twelve states opted for immediate implementation of the 100 percent standard (Table 9). Five of the six states having selected the Poverty-related Aged and Disabled option have matched the percentage of poverty for this optional group to the percentage used for QMBs, thus somewhat simplifying eligibility and coverage issues relating to the aged and disabled. SUMMARY The monthly eligibility threshold, the maximum amount of income or protected income, for each major group is presented in Table 13. The thresholds are then expressed as a percentage of the 1989 federal poverty level. The attempt is to provide some comparison across eligibility categories, by comparing eligibility thresholds for each group. For this comparison, a family size of two was chosen because a pregnant woman is always counted as two persons and a family size of two can be assessed for the other programs. The Medicaid eligibility route with the lowest average eligibility threshold is AFDC at $335/month or 50 percent of poverty. The elderly, who are primarily in the SSI and QMB programs, fare better because these programs cover individuals up to about 91 percent of poverty. The highest threshold is for Poverty-related Pregnant Women and Infants who, on average, are covered up to 126 percent of poverty ($848/month). - 7 While this table provides some interesting comparisons among groups, the percentage for each group is only calculated against the federal poverty which is a national standard. Further study of these thresholds might be enhanced by comparing each state's eligibility thresholds with data specific to the state. For example, state average per capita income or the income distribution data for each state would be useful. Such comparisons might develop a better picture of how each Medicaid program serves its low-income people. What is clear from this comparison is that the different routes to Medicaid offer access at varying levels of generosity. These variations reflect policymakers' concerns over the years as to each group's need for Medicaid coverage in order to access adequate health care. As adjustments were made to facilitate access for selected groups, Medicaid eligibility has become more complex, as has Medicaid agencies' task of administering the Medicaid program. For further information or clarification of material presented in this narrative or the attached tables, please contact Linda A. Hall (202) 624-7729. SOURCE: National Governors' Association, 1990. - 8 TABLE 1 AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) MONTHLY NEED AND PAYMENT AMOUNTS - SEPTEMBER 1989 FAMILY OF ONE FAMILY OF TWO FAMILY OF THREE FAMILY OF FOUR NEED MAXIMUM NEED MAXIMUM NEED MAXIMUM NEED MAXIMUM STANDARD PAYMENT STANDARD PAYMENT STANDARD PAYMENT STANDARD PAYMENT Alabama $390 $59 $479 $88 $571 $118 $670 $147 Alaska 453 453 719 719 809 809 899 899 Arizona 367 173 494 233 621 293 748 353 Arkansas 280 81 560 162 705 204 850 247 California 341 341 560 560 694 694 824 824 Colorado 253 214 331 280 421 356 510 432 Connecticut 340 340 452 452 555 555 652 652 Delaware 184 184 247 247 333 333 402 402 DC 450 248 560 309 712 393 870 480 Florida 498 163 668 220 838 287 1008 338 Georgia 229 151 347 229 414 273 488 322 Hawaii 572 357 768 480 964 602 1160 725 Idaho 365 208 446 254 554 315 627 357 Illinois 427 198 539 250 740 342 835 386 Indiana 155 139 255 229 320 288 385 346 lowa 213 176 421 347 497 410 578 476 Kansas 243 243 330 330 410 410 480 480 Kentucky 394 162 460 196 526 228 592 285 Louisiana 245 72 472 138 658 190 809 234 Maine 299 207 470 326 632 438 794 551 Maryland 243 175 428 309 548 396 660 477 Massachusetts 392 392 486 486 579 579 668 668 Michigan 348 291 466 388 575 479 702 585 Minnesota 250 250 437 437 532 532 621 621 Mississippi 218 60 293 96 368 120 443 144 Missouri 145 134 250 232 312 289 365 338 Montana 256 212 346 286 434 359 523 433 Nebraska 222 222 293 293 364 364 435 435 Nevada 350 210 450 270 550 330 650 390 New Hampshire 380 380 442 442 506 506 563 563 New Jersey 162 162 322 322 424 424 488 488 New Mexico 156 156 210 210 264 264 317 317 New York 334 334 439 439 539 539 639 639 North Carolina 354 177 462 231 532 266 582 291 North Dakota 209 209 313 313 386 386 472 472 Ohio 440 191 606 263 739 321 914 397 Oklahoma 291 201 364 252 471 325 583 403 Oregon 289 289 369 369 432 432 526 526 Pennsylvania 298 195 461 315 587 402 724 490 Rhode Island 321 321 440 440 543 543 620 620 South Carolina 249 123 335 165 419 206 504 248 South Dakota 265 265 333 333 377 377 421 421 Tennesee 198 94 297 141 387 184 472 224 Texas 235 75 493 158 574 184 691 221 Utah 299 224 414 310 516 387 603 452 Vermont 670 448 817 547 973 651 1090 730 Virginia 174 157 257 231 322 291 386 347 Washington 579 314 733 397 907 492 1068 578 West Virginia 289 145 401 201 497 249 623 312 Wisconsin 311 248 550 440 647 517 772 617 Wyoming 195 195 320 320 360 360 390 390 SEE NOTES ON NEXT PAGE SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 1 AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) MONTHLY NEED AND PAYMENT AMOUNTS - SEPTEMBER 1989 NOTES: In a number of states, need and payment amounts vary depending on factors such as region, season (summer or winter), and what components are included in the standard (e.g., allowance). In all such cases, the region with the highest concentration of recipients and/or the highest seasonal rate is displayed. Detailed notes by state (where applicable) appear below. CT - REGION B KS - METROPOLITAN AREAS LA - URBAN AREAS MA - RENTAL ALLOWANCE INCLUDED MI - ANNUALIZED SUMMER/WINTER AVERAGE NY - NEW YORK CITY REGION PA - PHILADELPHIA REGION VT - CHITTENDEN COUNTY VA GROUP 2 WI AREA 1 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 2 FAMILIES WITH UNEMPLOYED PARENTS* AFDC-UP Families AFDC Cash & Medicaid- Does Not State Medicaid Only Cover Alabama X Alaska X Arizona X Arkansas X California X Colorado X Connecticut X Delaware X District of Columbia X Florida X Georgia X Hawaii X Idaho X Illinois X Indiana X lowa X Kansas X Kentucky X Lousiana X Maine X Maryland X Massachusetts X(19) X(21) Michigan X Minnesota X Mississippi X Missouri X Montana X Nebraska X Nevada X New Hampshire X New Jersey X New Mexico X New York X North Carolina X North Dakota X Ohio X Oklahoma X Oregon X Pennsylvania X Rhode Island X South Carolina X South Dakota X Tennessee X Texas X Utah X** Vermont X Virginia X Washington X West Virginia X Wisconsin X Wyoming X TOTAL 29 6 17 * The Family Support Act makes this option mandatory as of October 1, 1990. ** Limited coverage under 1115 demonstration project SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 3 AFDC-RELATED CHILDREN COVERAGE RIBICOFF CHILDREN* State All Under Age ** Reasonable Classification Foster Homes/ Other Private Inst. Adoptions ICFs ICFs/MR Psych. Faclt. Defined Groups Alabama 18 18 18 18 18 Alaska 21 Arizona 18 Arkansas 18 21 18 18 18 21 California 21 Colorado 21 21 21 21 21 Connecticut 21 Delaware 21 21 21 21 21 District of Columbia 21 Florida 18 21 18 21 Georgia 18 18 18 18 Hawaii 19 21 19 19 19 Idaho 21 21 21 21 N/C 18 Illinois 18 21 21 21 21 N/C Indiana 21 21 lowa 21 Kansas 18 21 21 21 21 21 Kentucky 19 19 19 19 19 Lousiana 18 18 18 18 18 Maine 21 Maryland 21 Massachusetts 21 Michigan 21 Minnesota 21 ssissippi 18 Missouri 21 21 21 21 21 Montana 21 21 21 Nebraska 21 Nevada 19 19 19 19 N/C New Hampshire 19 19 18 New Jersey 21 New Mexico 18 18 21 21 New York 21 North Carolina 21 21 18 21 21 21 North Dakota 21 Ohio 21 Oklahoma 21 Oregon 18 18 21 21 21 Pennsylvania 21 19 19 21 21 21 Rhode Island 18 21 21 21 South Carolina 18 21 21 21 21 21 South Dakota 21 21 21 21 21 Tennessee 21 Texas 19 Utah 18 Vermont 21 Virginia 21 21 21 21 N/C Washington 21 21 21 21 21 18 West Virginia 18 18 18 18 18 Wisconsin 18 18 18 18 18 21 Wyoming 19 19 ey: N/C = Service not covered in the state NOTES: * Ribicoff children meet the AFDC financial criteria, but not the dependent" criteria, i.e.; deprived of the support of a parent. Most come from two-parent households; some are in other living arrangements. ** All Ribicoff children are covered up to the specified age, unless otherwise indicated in the adjacent columns. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 4 FAMILIES WITH DEPENDENT CHILDREN: SELECTED OPTIONAL MEDICAID ELIGIBILITY GROUPS Eligible For But Not Would Be Eligible If Not Would Be Eligible If Child Care State Receiving AFDC In An Institution Costs Were Paid From Earnings Alabama No Yes No Alaska Yes Yes No Arizona Yes Yes No Arkansas Yes Yes No California No No No Colorado Yes No Yes Connecticut Yes Yes Yes Delaware No Yes No District of Columbia Yes Yes Yes Florida No Yes No Georgia No Yes No Hawaii Yes Yes Yes Idaho Yes Yes No Illinois No No No Indiana No No No lowa Yes Yes No Kansas No No No Kentucky No No No Lousiana No Yes No Maine Yes Yes No Maryland Yes Yes No Massachusetts Yes Yes No Michigan No No No Minnesota Yes Yes No Mississippi No Yes No Missouri No No No Montana Yes Yes Yes Nebraska No No No Nevada No Yes No New Hampshire Yes Yes No New Jersey Yes Yes No New Mexico No Yes No New York Yes Yes Yes North Carolina Yes No No North Dakota No No No Ohio No Yes Yes Oklahoma Yes Yes Yes Oregon Yes Yes No Pennsylvania Yes Yes Yes Rhode Island Yes Yes Yes South Carolina No Yes No South Dakota No Yes No Tennessee Yes Yes No Texas No Yes No Utah Yes Yes Yes Vermont Yes Yes Yes Virginia Yes Yes No Washington Yes Yes No West Virginia Yes No No Wisconsin Yes Yes Yes Wyoming No Yes No TOTALS: Yes 28 39 12 No 23 12 39 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 5 COVERAGE OPTIONS FOR PREGNANT WOMEN AND CHILDREN, AS OF SEPTEMBER 1989 PREGNANT WOMEN OLDER CHILDREN ORIGINAL AND INFANTS COVERED UNDER DROPPED CONTINUOUS PRESUMPTIVE EFFECTIVE PERCENT POVERTY POVERTY TO AGE 6* ASSETS TEST ELIGIBILITY ELIGIBILITY DATE Alabama 100 X X X 7/88 Alaska 100 3 X X 1/89 Arizona 100 6 X 1/88 Arkansas 100 6 X 4/87 California 185 7/89 Colorado 75 X** 7/89 Connecticut 185 X 4/88 Delaware 100 3 1/88 DC 100 3 X 4/87 Florida 150 6 X 10/87 Georgia 100 3 X X 1/89 Hawaii 185** 5 X X X 1/89 Idaho 75 X X 1/89 Illinois 100 X X 7/88 Indiana 100 3 X X X 7/88 lowa 185 6 X X 1/89 Kansas 150 5 X 7/88 Kentucky 125 2 X 10/87 Louisiana 100 6 X X X 1/89 Maine 185 6 X 10/88 Maryland 185 2 X X X 7/87 Massachusetts 185 5 X X X 7/87 Michigan 185 3 X X 1/88 Minnesota 185 6 X X 7/88 Mississippi 185 5 10/87 Missouri 100 3 X 1/88 Montana 100 X 7/89 Nebraska 100 3 X X 7/88 Nevada 75 6 X 7/89 New Hampshire 75 7/89 New Jersey 100 2 X X 7/87 New Mexico 100 3 X X X 1/88 New York 185 X X X 1/90** North Carolina 100 6 X X X 10/87 North Dakota 75 7/89 Ohio 100 X X 1/89 Oklahoma 100 2 X X 1/88 Oregon 85 3 X X 11/87 Pennsylvania 100 3 X X 4/88 Rhode Island 185 6 X 4/87 South Carolina 185 6 X X 10/87 South Dakota 100 2 X X 7/88 Tennessee 100 5 X X 7/87 Texas 130 4 X X 9/88 Utah 100 X X 1/89 Vermont 185 6 X X 10/87 Virginia 100 2 X 7/88 Washington 185 6 X X 7/87 West Virginia 150 6 X 7/87 Wisconsin 82 X 4/88 Wyoming 100 X X 10/88 TOTAL 46*** 37 42 41 23 * This column does not include children's coverage groups supported by state only funds. Effective April 1, 1990 coverage is mandatory for children up to age 6 in families with income up to 133% of poverty. ** Future implementation date. *** Forty-six states exceed minimum mandated coverage of 75% of poverty. Wisconsin covers pregnant women up to 130% of poverty but receives federal match up to 82%. Effective April 1, 1990 all states must cover pregnant women and infants up to 133% of poverty. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, September 1989 TABLE 6 SSI INCOME THRESHOLDS AND SUPPLEMENTS INDIVIDUALS COUPLES Other Supp Programs (Living independently in the community) (Living independently in the community) (other Indp living) State Total State Total SSI Supplement Cash SSI Supplement Cash State Base Payment Payment Base Payment Payment Alabama 368 0 368 553 0 553 N Alaska 368 317 685 553 462 1015 Y Arizona 368 0 368 552 0 552 N Arkansas 368 0 368 553 0 553 N California 368 234 602 553 563 1116 Y Colorado 368 58 426 553 284 837 Y Connecticut 368 170 538 553 312 865 N Delaware 368 0 368 553 0 553 Y District of Columbia 368 0 368 553 0 553 N/R Florida 368 0 368 553 0 553 N Georgia 368 0 368 553 0 553 N Hawaii 368 4.9 372.9 553 8.8 561.8 Y Idaho 368 73 441 553 45 598 Y Illinois 368 368 553 553 Y Indiana 368 0 368 553 0 553 Y lowa 368 0 368 553 0 553 Y Kansas 368 0 368 553 0 553 N Kentucky 368 0 368 553 0 553 Y Lousiana 368 0 368 553 0 553 N Maine 368 10 378 553 15 568 Y Maryland 368 0 368 553 0 553 N Massachusetts 368 128.82 496.82 553 201.72 754.72 N/R higan 368 30.2 398.2 553 45.3 598.3 Y nnesota 368 46 414 553 41 594 Y Mississippi 368 0 368 553 0 553 N Missouri 368 0 368 553 0 553 Y Montana 368 0 368 553 0 553 Y Nebraska 368 62.5 430.5 553 91.5 644.5 Y Nevada 368 36.4 404.4 553 74.46 627.46 Y New Hampshire 368 14 382 553 1 554 Y New Jersey 368 31.25 399.25 553 25.36 578.36 Y New Mexico 368 0 368 553 0 553 N New York 368 86 454 553 102.5 655.5 Y North Carolina 368 0 368 553 0 553 N North Dakota 368 0 368 553 0 553 N Ohio 368 0 368 553 0 553 Y Oklahoma 368 64 432 553 128 681 N Oregon 368 1.7 369.7 553 0 553 Y Pennsylvania 368 32.4 400.4 553 48.7 601.7 Y Rhode Island 368 61.45 429.45 553 115.1 668.1 Y South Carolina 368 0 368 553 0 553 Y South Dakota 368 15 383 553 15 568 Y Tennessee 368 0 368 553 0 553 N Texas 368 0 368 553 0 553 N Utah 368 6 374 553 12 565 N Vermont 368 61.9 429.9 553 112.6 665.6 Y Virginia 368 0 368 553 0 553 Y Washington 368 28 396 553 22 575 N West Virginia 368 0 368 553 0 553 N Visconsin 368 102.72 470.72 553 165.86 718.86 Y oming 368 20 388 553 40 593 N Key: N/R = NO RESPONSE SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 7 States with Disability Definitions, Income, and Resource Standards Which Vary from Supplemental Security Income Program Standards (209(b) States) DISABILITY DEFINITION INCOME RULES AND DISREGARDS RESOURCES CT Coverage not provided to disabled individuals under UNEARNED INCOME: $202.20 if residing in the community. $1,600 age 18. Blind are covered regardless of age. EARNED INCOME: AGED/DISABLED: $65 + 1/2 of the remainder. BLIND: first $85, and half the excess over $85. HI More restrictive than SSI. ALL GROUPS: (1) deduct $20, first from unearned Same as SSI. income and any remainder from earned income. (2) from earned income, $65 plus 1/2 of remainder of earned income. IL Same as SSI. AGED/DISABLED: first $25 of any income. Next $20 of Same as SSI. earnings plus half of next $60 earned income. BLIND: first $25 of any income. Next $85 of earnings plus half of remaining balance of earnings. IN Impairment must appear reasonably certain to con- ALL GROUPS: first $15.50 of any income. Limits placed on resources of parents tinue throughout a lifetime without significant BLIND: first $15.50 of any income. First $85 of earnings of unmarried blind or disabled appli- improvement, and must impair ability to perform plus half of the remaining earnings if blind before 12/73. cants or recipients. labor/services. First $65 plus half remaining income if after 1/74. MN Same as SSI. Same as SSI, except Aged/Disabled: Income Taxes and $1,500 Individual, $3,000 Couple FICA payments withheld are disregarded up to FFP limit. Aged/Blind/Disabled: household goods Parental income is deemed available to children < 21 and personal effects are excluded. who reside with parents. MO State does not cover blind and disabled children AGED/DISABLED: under age 18. Individuals: cash/securities < $1000. Couples: cash/securities < $2000. No property worth > $31,000; no real property not lived in with equity > $1,000 if single, > $2000 if married. BLIND: Individuals: cash/securities < $2000. Couples: cash/securities < $4000. NE Same as SSI. AGED/DISABLED Unearned $7.50. Earned $65 plus half of the remainder. BLIND: Unearned $7.50. Earned - $85 plus half the remainder. NH Disability must be permanent, with no improvement Aged/Disabled: Uneamed $13. Categorically Needy: Individuals--$1500 likely throughout the lifetime. Also, state has more Earned - $20 plus half of the next $60 up to $30 (50 total). Couples-$1500. restrictive definition of blindness. Blind unearned $13. Earned $85 plus 1/2 of remainder. Medically Needy: Individuals--$2500. All Groups: Work expenses $18 standard or actual Couples--$4000. mandatory expenses. whichever is higher. Parental income and resources deemed available to disabled children < 18 who reside with parents. NC ALL GROUPS: $4 general disregard. First $20 and half Aged/Blind/Disabled: $1500, $2,250. the remaining earnings not to exceed a total of $50 disregarded. Financial responsibility: spouse to spouse if living together. Parent to dependent unless blind, disabled child under 18 anticipated stay in SNF, ICF/MR, or hospital for 12 months ND Same as SSI. State sets more restrictive resource limits. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 7 States with Disability Definitions, Income, and Resource Standards Which Vary from Supplemental Security Income Program Standards (209(b) States) DISABILITY DEFINITION INCOME DISREGARD RESOURCES OH Same as SSI. Earned or Unearned disregard: $20. Exempt: reasonable value of household $65 plus one-half of the remaining income. goods and personal effects. Work expenses of the blind: ordinary and necessary; Motor vehicle used for employment or work expenses may be deducted from the earned income. medical appointments; or specially equipped; or value > $4500. Life insurance policy < or = $1500. Real and personal income-producing property <$6000 or > 6% annual return. Burial contracts exempt if irrevocable. Home is exempt only if it is principle residence. Countable: Total value of liquid assets. OK Maximum monthly countable income (all groups): Countable: Total value of $6000 limit Individual: $265; Couple: $397. on prepaid burial contract if irrevocable. No income other than SSI - - $79, other income $59. VA Presumptive disabled or blind SSI recipients are not covered. Conditionally eligible SSI recipients are not covered. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 8 INCOME THRESHOLDS FOR INSTITUTIONALIZED INDIVIDUALS Program Standard Institutionalized Individual Percentage of State Used* Income Threshold SSI Income Threshold Alabama SSI $950 258 Alaska SSI $1,104 300 Arizona SSI $1,104 300 Arkansas SSI $1,104 300 California MNIL** $600 163 Colorado SSP $1,104 300 Connecticut SSI $1,104 300 Delaware SSI $662 180 District of Columbia N/R $391 106 Florida SSI $1,104 300 Georgia SSI $1,104 300 Hawaii MNIL** $357 97 Idaho SSI $1,104 300 Illinois SSI $368 100 Indiana SSI $368 100 lowa SSI $1,104 300 Kansas MNIL** $368 100 Kentucky SSI $1,104 300 Lousiana SSI $1,104 300 Maine SSI $368 100 Maryland MNIL** $375 102 Massachusetts MNIL** $483 131 Michigan MNIL** $391 106 Minnesota MNIL** $466 127 Mississippi SSI $1,104 300 Missouri SSI $368 100 Montana SSI $368 100 Nebraska N/R Nevada SSI $736 200 New Hampshire SSP $931 253 New Jersey SSI $1,104 300 New Mexico $944 257 New York MNIL** $459 125 North Carolina MNIL** $242 66 North Dakota MNIL** $345 94 Ohio SSI $1,104 300 Oklahoma SSI $1,104 300 Oregon SSI $1,104 300 Pennsylvania N/R Rhode Island SSI $1,104 300 South Carolina SSI $1,104 300 South Dakota SSI $1,104 300 Tennessee SSI $1,104 300 Texas SSI $1,104 300 Utah SSI $1,104 300 Vermont SSI $1,104 300 Virginia SSI $368 100 Washington SSI $1,104 300 West Virginia SSI $1,104 300 Wisconsin SSI $1,104 300 Wyoming SSI $1,104 300 Key: N/R = No Response * This column provides the methodology for calculating the income threshold shown in the next column. ** In these states, there is no income threshold, medical need is calculated for each individual. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 9 HOME CARE FOR THE DISABLED AND OTHER ELIGIBILITY OPTIONS HOME CARE FOR THE DISABLED OTHER ELIGIBILITY OPTIONS Disabled Child. Ventilator-depen. Poverty-related Community Spouse < 18 (TEFRA opt., opt. (Section Aged/Disabled Resource Allowance Sec. 1902(e)(3)) 1902(e)(9)) (OBRA 86 opt.) Minimum (MCCA 88) AL No No No $12,000 AK No No No $60,000 AZ No Yes No $12,000 AR Yes Yes No $12,000 CA No No No $60,000 CO No No No $60,000 CT No No No $12,000 DE Yes No No $12,000 DC No No N/R N/R FL No No 100% $60,000 GA Yes No No $60,000 HI Yes No 100% $60,000 ID Yes No No $12,000 IL No No No $60,000 IN No No No $12,000 IA No No No $12,000 KS No No No $12,500 KY No No No $60,000 LA No No No $12,000 ME Yes Yes 100% $12,000 MD No No No $12,000 MA Yes No N/R N/R MI Yes Yes 85% $12,000 MN Yes No No $12,000 MS Yes No 85% $60,000 MO No No No $12,000 MT No No No $12,000* NE Yes No No $12,000 NV Yes No No $12,000 NH Yes No No $12,000 NJ No No 100% $12,000 NM No No No $30,000 NY No No No $60,000 NC No No No $12,000 ND No No No $60,000 OH No No No $12,000 OK No No No $25,000 OR No No No $12,000 PA No No No $12,000 RI Yes No No $60,000 SC No No No $60,000 SD Yes No No $20,000 TN No No No $12,000 TX No No No $12,000 UT No No No $12,000 VT Yes No No $60,000 VA No No No $12,000 WA No Yes No $60,000 WV Yes No No $12,000 WI Yes Yes No $60,000 WY No No No $12,000 TOTAL: 18 6 6 Key: N/R = No response * To be implemented January 1990, ** To be implemented October 1, 1989 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 10 QUALIFIED MEDICARE BENEFICIARIES (QMBs)* % of Poverty % of Poverty % of Poverty % of Poverty State 1989 1990 1991 1992 Alabama 85 90 95 100 Alaska 100 100 100 100 Arizona 85 90 95 100 Arkansas 85 90 95 100 California 85 90 95 100 Colorado 85 90 95 100 Connecticut 85 90 95 100 Delaware 85 100 100 100 District of Columbia 100 100 100 100 Florida 100 100 100 100 Georgia 85 90 95 100 Hawaii 100 100 100 100 Idaho 85 90 95 100 Illinois** 80 85 90 95 Indiana** 80 85 90 95 lowa 85 90 95 100 Kansas 85 90 95 100 Kentucky 85 90 95 100 Lousiana 85 90 95 100 Maine 85 90 95 100 Maryland 85 90 95 100 Massachusetts 100 100 100 100 Michigan 85 90 95 100 Minnesota 85 90 95 100 Mississippi 85 90 95 100 Missouri 85 90 95 100 Montana 85 90 95 100 Nebraska 85 90 95 100 Nevada 100 100 100 100 New Hampshire 85 90 95 100 New Jersey 100 100 100 100 New Mexico 85 90 95 100 New York 100 100 100 100 North Carolina** 80 85 90 95 North Dakota** 85 90 95 100 Ohio** 80 85 90 95 Oklahoma 90 90 95 100 Oregon 85 90 95 100 Pennsylvania 100 100 100 100 Rhode Island 85 90 95 100 South Carolina 100 100 100 100 South Dakota 85 90 95 100 Tennessee 85 90 95 100 Texas 85 90 95 100 Utah 100 100 100 100 Vermont 86 91 96 100 Virginia 85 90 95 100 Washington 85 90 95 100 West Virginia 85 90 95 100 Wisconsin 100 100 100 100 Wyoming 85 90 95 100 * The Medicare Catastrophic Coverage Act 1988 mandated 1/89, 85%; 1/90, 90%; 1/91, 95%; and 1/92, 100%. ** MCCA 88 also allowed a more gradual phase-in for states that as of January 1987 used more restrictive income standards for persons over 65, than those used by the SSI program. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, SEPTEMBER 1989 TABLE 11 MEDICALLY NEEDY PROGRAMS AND OPTIONAL COVERAGE GROUPS PRESENCE OF AGE LIMIT MEDICALLY FOR MEDICALLY CARE- NEEDY NEEDY CHILDREN TAKER DIS- STATE PROGRAM* 18 TO 21 REL. AGED BLIND ABLED Alabama No N/A N/A N/A N/A N/A Alaska No N/A N/A N/A N/A N/A Arizona No N/A N/A N/A N/A N/A Arkansas Yes 21 Yes Yes Yes Yes California Yes 21 Yes Yes Yes Yes Colorado No N/A N/A N/A N/A N/A Connecticut Yes 21 Yes Yes Yes Yes Delaware No N/A N/A N/A N/A N/A District of Columbia Yes 21 Yes Yes Yes Yes Florida Yes 21 Yes Yes Yes Yes Georgia Yes 18 No No No No Hawaii Yes 19 No Yes Yes Yes Idaho No N/A N/A N/A N/A N/A Illinois Yes 19 Yes Yes Yes Yes Indiana No N/A N/A N/A N/A N/A lowa Yes 21 Yes Yes Yes Yes Kansas Yes 21 Yes Yes Yes Yes Kentucky Yes 19 Yes Yes Yes Yes Louisiana Yes 18 Yes Yes Yes Yes Maine Yes 21 Yes Yes Yes Yes Maryland Yes 21 Yes Yes Yes Yes Massachusetts Yes 21 Yes Yes Yes Yes Michigan Yes 21 Yes Yes Yes Yes Minnesota Yes 21 Yes Yes Yes Yes Mississippi No N/A N/A N/A N/A N/A Missouri No N/A N/A N/A N/A N/A Montana Yes 21 Yes Yes Yes Yes Nebraska Yes 21 Yes Yes Yes Yes Nevada No N/A N/A N/A N/A N/A New Hampshire Yes 19 Yes Yes Yes Yes New Jersey Yes 21 No Yes Yes Yes New Mexico No N/A N/A N/A N/A N/A New York Yes 21 Yes Yes Yes Yes North Carolina Yes 21 Yes Yes Yes Yes North Dakota Yes 21 Yes Yes Yes Yes Ohio No N/A N/A N/A N/A N/A Oklahoma Yes 21 Yes Yes Yes Yes Oregon Yes 18 Yes Yes Yes Yes Pennsylvania Yes 21 Yes Yes Yes Yes Rhode Island Yes 18 Yes Yes Yes Yes South Carolina No** N/A N/A N/A N/A N/A South Dakota No N/A N/A N/A N/A N/A Tennessee Yes 21 Yes Yes Yes Yes Texas Yes 18 Yes No No No Utah Yes 18 Yes Yes Yes Yes Vermont Yes 21 Yes Yes Yes Yes Virginia Yes 21 No Yes Yes Yes Washington Yes 21 Yes Yes Yes Yes West Virginia Yes 19 Yes Yes Yes Yes Wisconsin Yes 21 No Yes Yes Yes Wyoming No N/A N/A N/A N/A N/A TOTALS 36 36 32 34 34 34 Key: N/A = Not applicable, no Medically Needy Program * Pregnant women are required in Medically Needy programs. ** Planned implementation, March 1990. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, September 1989 TABLE 12 MEDICALL NEEDY MONTHLY PROTECTED INCOME LEVELS FAMILY SIZE ONE THROUGH FOUR - SEPTEMBER 1989 FAMILY OF ONE FAMILY OF TWO FAMILY OF THREE FAMILY OF FOUR Alabama N/A N/A N/A N/A Alaska N/A N/A N/A N/A Arizona N/A N/A N/A N/A Arkansas $108 $217 $275 $333 California 600 750 934 1110 Colorado N/A N/A N/A N/A Connecticut 452 601 738 867 Delaware N/A N/A N/A N/A DC 391 412 524 640 Florida 300 300 383 458 Georgia 208 308 367 433 Hawaii 357 480 602 725 Idaho N/A N/A N/A N/A Illinois 267 333 458 517 Indiana N/A N/A N/A N/A lowa 466 466 550 633 Kansas 368 475 480 506 Kentucky 217 267 308 383 Louisiana 100 192 258 317 Maine 400 441 591 741 Maryland 375 417 459 500 Massachusetts 483 650 775 891 Michigan 391 525 555 585 Minnesota 466 582 709 828 Mississippi N/A N/A N/A N/A Missouri N/A N/A N/A N/A Montana 368 383 408 433 Nebraska 392 392 492 584 Nevada N/A N/A N/A N/A New Hampshire 382 554 575 597 New Jersey 350 433 566 658 New Mexico N/A N/A N/A N/A New York 459 659 709 850 North Carolina 242 308 358 392 North Dakota 345 400 435 530 Ohio N/A N/A N/A N/A Oklahoma 275 341 433 541 Oregon 385 491 575 701 Pennsylvania 408 425 450 542 Rhode Island 550 592 725 833 South Carolina N/A N/A N/A N/A South Dakota N/A N/A N/A N/A Tennessee 175 192 250 300 Texas 100 211 267 301 Utah 337 413 516 602 Vermont 733 733 875 975 Virginia 250 308 358 400 Washington 396 532 599 667 West Virginia 200 275 290 312 Wisconsin 471 592 689 823 Wyoming N/A N/A N/A N/A Key: N/A = Not applicable - state has no Medically Needy program. SEE NOTES ON NEXT PAGE. SOURCE: NATIONAL GOVERNORS' ASSOCIATION, September 1989 TABLE 12 MEDICALLY NEEDY MONTHLY PROTECTED INCOME LEVELS FAMILY SIZE ONE THROUGH FOUR - SEPTEMBER 1989 NOTES: In a number of states, need and payment amounts vary depending on factors such as region, season (summer or winter) and what components are included in the standard (e.g., rental allowance). In all such cases, the region with the highest concentration of recipients and/or the highest seasonal rate is displayed. Detailed notes by state (where applicable) appear below. CT - REGION B KS - METROPOLITAN AREAS LA URBAN AREAS MA - RENTAL ALLOWANCE INCLUDED MI - ANNUALIZED SUMMER/WINTER AVERAGE NY - NEW YORK CITY REGION PA - PHILADELPHIA REGION VT - CHITTENDEN COUNTY VA GROUP 2 WI AREA 1 SOURCE: NATIONAL GOVERNORS' ASSOCIATION, September 1989 TABLE 13 MONTHLY INCOME ELIGIBILITY THRESHOLDS AND THEIR PERCENTAGE OF POVERTY - September 1989 (Families of Two) AFDC PREGNANT WOMEN SSI QMB MEDICALLY NEEDY State INCOME PERCENT INCOME PERCENT INCOME* PERCENT INCOME PERCENT INCOME PERCENT AL $88 13% $668 100% $553 83% $568 85% NA NA AK $719 86% $836 100% $1,015 121% $710 100% NA NA AZ $233 35% $668 100% $552 83% $568 85% NA NA AR $162 24% $668 100% $553 83% $568 85% $217 32% CA $560 84% $1,236 185% $1,116 167% $568 85% $750 112% CO $331 50% $501 75% $837 125% $568 85% NA NA CT $452 68% $1,236 185% $865 129% $568 85% $601 90% DE $247 37% $668 100% $553 83% $568 85% NA NA DC $309 46% $668 100% $553 83% $668 100% $412 62% FL $220 33% $1,003 150% $553 83% $668 100% $300 45% GA $347 52% $668 100% $553 83% $568 85% $308 46% HI $480 62% $1,421 185% $562 73% $768 100% $480 62% ID $254 38% $501 75% $598 89% $568 85% NA NA IL $250 37% $668 100% $553 83% $535 80% $333 50% IN $229 34% $668 100% $553 83% $535 80% NA NA IA $347 52% $1,236 185% $553 83% $568 85% $466 70% KS $347 52% $1,003 150% $553 83% $568 85% $475 71% KY $460 69% $835 125% $553 83% $568 85% $267 40% LA $138 21% $668 100% $553 83% $568 85% $192 29% ME $470 70% $1,236 185% $568 85% $568 85% $441 66% MD $309 46% $1,236 185% $553 83% $568 85% $417 62% MA $486 73% $1,236 185% $755 113% $668 100% $650 97% $466 70% $1,236 185% $598 89% $568 85% $525 79% N $437 65% $1,236 185% $594 89% $568 85% $582 87% MS $293 44% $1,236 185% $553 83% $568 85% NA NA MO $232 35% $668 100% $553 83% $568 85% NA NA MT $286 43% $668 100% $553 83% $568 85% $383 57% NE $293 44% $668 100% $645 97% $568 85% $392 59% NV $270 40% $501 75% $627 94% $668 100% NA NA NH $442 66% $501 75% $554 83% $568 85% $554 83% NJ $322 48% $668 100% $578 86% $668 100% $433 65% NM $210 31% $668 100% $553 83% $568 85% NA NA NY $439 66% $1,236 185% $656 98% $668 100% $659 99% NC $231 35% $668 100% $553 83% $535 80% $308 46% ND $313 47% $501 75% $553 83% $568 85% $400 60% OH $263 39% $668 100% $553 83% $535 80% NA NA OK $364 54% $668 100% $681 102% $602 90% $341 51% OR $369 55% $568 85% $553 83% $568 85% $491 73% PA $315 47% $668 100% $602 90% $668 100% $425 64% RI $440 66% $1,236 185% $668 100% $568 85% $592 89% SC $335 50% $1,236 185% $553 83% $668 100% NA NA SD $333 50% $668 100% $568 85% $568 85% NA NA TN $297 44% $668 100% $553 83% $568 85% $192 29% TX $158 24% $869 130% $553 83% $568 85% $211 32% UT $414 62% $668 100% $565 85% $668 100% $413 62% VT $547 82% $1,236 185% $666 100% $575 86% $733 110% VA $231 35% $668 100% $553 83% $568 85% $308 46% WA $397 59% $1,236 185% $575 86% $568 85% $532 80% WV $201 30% $1,003 150% $553 83% $568 85% $275 41% WI** $440 66% $548 82% $719 108% $668 100% $592 89% Y $320 48% $668 100% $593 89% $568 85% NA NA AVERAGE $335 50% $848 126% $610 91% $593 88% $435 65% * Includes optional state supplement payments amounts. ** Wisconsin covers pregnant women up to 130%, but receives federal match only up to 82%. SOURCE: National Governors' Association, September 1989. STATE MEDICAID INPATIENT HOSPITAL REIMBURSEMENT AND COVERAGE Introduction Historically, as an individual service, hospital expenditures have represented the largest proportion of the Medicaid program. Hospital services have continually consumed slightly over one-quarter of Medicaid expenditures. In fiscal year 1980 Medicaid inpatient hospital services cost state and federal government a total of $6.3 billion. By 1988 total state and federal inpatient hospital services were $12 billion for 3.7 million recipients. This amount represents approximately 25 percent of the total amount spent on Medicaid services. Background Medicaid reimbursement of inpatient services is guided by provisions of the Omnibus Budget Reconciliation Act of 1981 (OBRA '81). Said to have made the most substantial changes in the Medicaid program since its inception in 1965, OBRA '81 enabled states to move away from reasonable cost-based payment methods and set ceilings on rates of payment that are independent of what a particular hospital spends or of increases in the costs of goods and services used by the hospital. State payment for inpatient hospital services must be reasonable and adequate to meet the costs incurred by efficiently and economically operated facilities, meeting state and federal laws and regulations as well as quality and safety standards. The new law required state rates to be sufficient to assure that Medicaid patients have reasonable access to quality services. In addition, OBRA '81 established a provision requiring states to take into account hospitals serving a disproportionate number of low income patients. Since OBRA '81, several pieces of legislation have been targeted at the calculation of hospital rates, specifically for disproportionate share hospitals. OBRA '86 prohibited limits on the amount of payment adjustments under the state Medicaid plan with respect to hospitals serving a disproportionate number of low income patients with special needs. Later, OBRA '87 was added requiring states to define disproportionate share hospitals and increase payment rates for inpatient services provided by these hospitals. While coverage of inpatient hospital services is required by federal statute, states have authority over various aspects of the services, within federal statutory parameters. For example, states specify the amount, duration, and scope of hospital services sufficient to reasonably achieve their purpose. States may also impose limits focused on amount, duration, and scope. Limiting services also serves to constrain costs by preventing the program from paying for unnecessary care. (See "Program Changes Affecting The Medicaid Hospital Services," NGA, December 1987.) In addition to service restrictions, states have implemented a variety of utilization controls. The most commonly used methods focus on monitoring to assure that patient admissions are medically necessary, and screening to ensure that the patient could not be appropriately cared for in an outpatient setting. Finally, there are other services that can be provided in the hospital setting. These include: skilled nursing services, rehabilitation services, psychiatric services, and drug and alcohol treatment services. Each of these services carries its own definition and payment methods. Data Summary The following series of tables displays information on Medicaid inpatient payment method, coverage of bed type, as well as annual and summary characteristics of inpatient hospital expenditures and recipients. Although states' Medicaid acute care inpatient reimbursement systems vary widely, for descriptive purposes, they have been classified into four broad categories. The first category, used by twenty states, sets prospective rates unadjusted by either diagnosis related groups (DRGs) or the actual costs or charges related to particular care. The second category is similar to the first except that the prospective rates are weighted by DRG for each individual case. Seventeen states set prospective rates adjusted for the DRG associated with the case. The third category of payment, used by ten states, calculates rates based on the lesser of: a prospective rate or a percentage of either costs or charges. Finally, four states reimburse hospitals based on a percentage of their costs or charges, typically using Medicare principles. Prospective rate setting is the method preferred by the states. Typically this is done by using costs to establish a rate for a base year and then trending forward for future years using the inflation index or another index. Forty-seven states use some form of prospective rate-setting. Within this category, however, states base their payments on different criteria. Seventeen use DRGs, sixteen states reimburse on a per diem basis, and fourteen reimburse based on discharge. Maryland is the only state that uses a system in which Medicaid is part of a pure all-payer payment system. In an all-payer system Medicaid pays hospitals through the same methodology, and in some cases at the same rate as other public and private payers. New York's and New Jersey's payment systems include other payers with Medicaid. In New Jersey and New York, unlike Maryland, Medicare does not participate in the all payer system. Two states, California and Illinois, selectively contract for inpatient hospital services and payment. Under this method, made possible through use of federal waiver authority, hospitals bid for price or volume of services. Rates can also be established for individual hospitals or for a group of hospitals. Some states group hospitals by the number of beds or by rural or urban distinction to form a peer group. In this case, prospective payment rates are based on the peer group's typical costs for treating Medicaid patients. Thirty of the forty-seven states which have prospective rates compute averages for individual hospitals rather than compute an average for a peer group. Three states calculate payment based on a blend of hospital-specific rates and peer group rates. Other methods of calculating prospective rates include using historical or expected costs to establish a rate (two states) or computing a prospective payment for all general acute hospitals within the state (five states). States may choose to cover various types of services in a hospital including; swing-beds, skilled nursing beds, rehabilitation beds, psychiatric beds, and alcohol and drug treatment beds. While the information we received on the number of facilities and the number of beds is somewhat limited, it appears from the variation in the number of beds allocated for such services that some states make more use of these options than others, based on their needs. Swing-beds allow hospitals to be reimbursed for providing certain types of post-acute care, without designating beds exclusively to either acute or post-acute care. Given the popularity of swing-beds under Medicare, it is surprising that only thirty-two states reported coverage of swing-beds. As the average length of stay continues to decline and the number of admissions also declines, hospitals are increasing the use of non-acute inpatient services such as skilled nursing facility (SNF) units, rehabilitation services, psychiatric services, and alcohol and drug treatment services. Thirty-five states reported coverage of SNF units within their general hospitals. The majority of states indicated that they cover rehabilitation (forty-five) and psychiatric units (forty-three) within general hospitals. However, the number of states indicating coverage of alcohol and drug units is lower (thirty-six). One likely reason for more widespread coverage of rehabilitation and psychiatric services compared with swing-beds and SNF units is that most states only cover rehabilitation and psychiatric services within institutions. Finally, enclosed is a series of tables (II-3 - II-7) presenting data on inpatient hospital use and expenditures for 1985 through 1988. The data for this section were collected from the HCFA - 2082 report. Because some of these numbers may be estimates, this information should be used purely for descriptive purposes and should not be used to make comparisons. However, generally Table II-3 shows that inpatient expenditures grew at an annual rate of about 11 percent between 1985-1989. On the other hand, the average cost for each recipient grew, on average, at a slower rate of about 6 percent. With overall expenditures growing almost twice as fast as the expenditures per recipient, this data suggests that Medicaid is covering larger numbers of hospital inpatients and spending increasingly more per inpatient visit. For 1988, total Medicaid inpatient expenditures (table II-4) continue to represent approximately one quarter of the $48 billion that make up total Medicaid expenditures. These dollars provided coverage for approximately 3.7 million inpatient hospital recipients at an average cost of $3,048 per recipient. One-quarter of total Medicaid expenditures is consistent with the proportions spent in recent years. However, it does reflect a slight decrease in inpatient expenditures of earlier years, when inpatient expenditures consistently represented 30 percent of Medicaid expenditures. It is likely that this slight decrease in inpatient expenditures, as a percentage of total Medicaid expenditures, can be attributed to the gradual shift of many inpatient procedures to outpatient settings. Conclusion Although we hesitate to draw conclusions, for the reasons mentioned above, some trends in this data are apparent. Almost all states are using prospective payment systems to establish hospital rates. Within prospective systems, states vary their payment policies using per diem, per discharge and DRGs about equally. States are also experiencing growth in both Medicaid inpatient hospital expenditures and the number of recipients. While there may be some general statements about Medicaid inpatient hospital services, based on this data, the diversity across states is significant enough to temper any broad conclusions. If you have any questions you may contact John Luehrs at (202) 624 - 7812 or Amanda Hock at (202) 624 - 5349. TABLE II-1 MEDICAID HOSPITAL INPATIENT FACILITIES AND REIMBURSEMENT METHODS Reimbursement Method Medicaid Inpatient Facilities Prospective Diagnoses % of Costs # of # of State Rates Weighted or Charges Beds Facilities Alabama A (1) 19,922 119 Alaska B 1,278 17 Arizona Arkansas A N/A 88 California B (1,2) # 107,200 559 Colorado B X 12,830 98 Connecticut B 11,049 37 Delaware X N/A N/A District of Columbia B N/A N/A Florida A (1) # 55,715 243 Georgia C 25,927 172 Hawaii A 2,855 23 Idaho A # 2,876 44 Illinois A (2) 60,000 28 Indiana B # 25,919 123 lowa B (3) X 15,326 127 Kansas B X N/A N/A Kentucky A # 17,586 108 Lousiana B # N/A N/A Maine B 5,372 44 Maryland D 12,522 500 Massachusetts B (4) 22,212 110 Michigan B X # 43,230 213 Minnesota C X 19,546 163 Mississippi A # 12,748 109 Missouri A 32,252 165 Montana B X N/A 57 Nebraska A 12,166 108 Nevada B (5) 4,003 32 New Hampshire B X N/A N/A New Jersey B X 30,934 89 New Mexico B (1) # 4,578 40 New York B (3) N/A 264 North Carolina A 30,970 146 North Dakota B X N/A N/A Ohio B X 44,721 194 Oklahoma A N/A N/A Oregon B X 8,960 71 Pennsylvania B (3) X 54,690 229 Rhode Island A (8) N/A N/A South Carolina B (6) X 12,107 112 South Dakota B (1) X N/A 55 Tennessee A N/A N/A Texas C X N/A 440 Utah B (7) X 4,613 42 Vermont A 1,603 10 Virginia A # 25,026 110 Washington B X 11,759 107 West Virginia X 10,689 69 Wisconsin B N/A N/A Wyoming X 1,781 30 TOTAL 47 17 13 SOURCE: NGA, State Medicaid Information Center TABLE II-1 KEY: A = PER DIEM B = PER DISCHARGE C = PER ADMISSION D = PER SERVICE NOTES: # = IF A STATE IS MARKED IN BOTH COLUMN 1 AND 3, PAYMENT EQUALS THE LESSER OF THE TWO AMOUNTS. 1. HOSPITAL SPECIFIC UP TO PEER GROUP CEILING. 2. NEGOTIATED CONTRACTS (ONE OF SEVERAL ALTERNATIVE SYSTEMS IN CALIFORNIA. 3. BLEND OF HOSPITAL SPECIFIC AND PEER GROUP RATES. 4. HOSPITAL'S BUDGET ADJUSTED FOR ANY EXCESS CHARGES IN PREVIOUS YEAR. 5. PER DIEM RATE AFTER FIFTEENTH DAY. 6. HOSPITAL SPECIFIC PER DIEM RATES FOR INFREQUENT DRSs. 7. RURAL HOSPITALS PAID 95 PERCENT OF CHARGES. 8. BASED ON NEGOTIATED HOSPITAL BUDGETS. SOURCE: NGA, State Medicaid Information Center TABLE II-2 MEDICAID COVERAGE FOR VARIOUS BED TYPES WITHIN GENERAL ACUTE CARE HOSPITALS SWING-BEDS SKILLED NURSING REHABILITATION PSYCHIATRIC ALCOHOL/DRUGS MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS AL X 2 20 X X (a) X (a) 32 1202 X (a) 15 235 AK X 9 24 X 7 125 X X 3 77 X 2 34 AZ X N/A X N/A X N/A AR N/A N/A N/A X N/A X X CA X N/A N/A X N/A X X N/A N/A N/A N/A CO X X X N/A N/A X N/A N/A CT X (a) X (a) X (a) DE X X X DC X X X FL X 30 X (c) 45 X (a) X (a) N/A N/A X N/A N/A GA (e) X X X N/A N/A X N/A N/A HI X X X X N/A N/A X NA N/A ID X 1 N/A X 15 X 4 3 NA > IL X IN 15 X 20 X 27 y 20 NA X 7 N/A IA X 71 2395 X 27 485 X 8 N/A X 16 N/A X 18 N/A KS X X X N/A N/A X (a) KY X (k) 17 152 X 16 379 X 6 X LA X X X X ME X 2 12 X 9 166 X 5 52 X 8 139 X 3 148 MD X X 4 494 X 6 336 X 29 811 X MA X 5 163 X 47 1257 X 3 115 MI 1 N/A X 29 N/A X 22 N/A X 63 N/A X 19 N/A MN X (c, j) 4 X X X X MS X 54 N/A X 12 N/A X X X MO X (j) N/A N/A X N/A N/A X N/A N/A X N/A N/A X N/A N/A MT X X 35 N/A X 4 N/A X 4 N/A X 4 N/A NE X 65 2123 X 15 274 X 2 115 11 904 X 10 321 NV X 7 145 X X (a) X (a) NH X N/A N/A X N/A N/A X N/A N/A NJ (m) X N/A N/A X N/A 1531 NM X 10 165 X 2 47 X N/A N/A X 6 N/A N/A N/A NY (n) (n) 50 X X X NC X 22 1100 X 28 996 X 554 554 X 40 1288 X 14 651 ND X X X X X SOUP TIONAL GOVERNORS' ASSOCIATION, 1989 TABLE II-2 MEDICAID COVERAGE FOR VARIOUS BED TYPES WITHIN GENERAL ACUTE CARE HOSPITALS SWING-BEDS SKILLED NURSING REHABILITATION PSYCHIATRIC ALCOHOL/DRUGS MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF MEDICAID # OF # OF COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS COVERAGE FACILITIES BEDS OH 22 1138 X 21 470 X 76 2796 >. (a) 43 1161 OK 6 54 X 9 360 X 25 232 X 11 310 X 21 217 OR X (j, k) X X X (a) PA N/A N/A X 43 N/A X 93 2949 X 8 233 RI N/A N/A N/A N/A N/A SC X 15 306 X 12 712 N/A N/A N/A N/A N/A N/A SD X 39 N/A X N/A X 2 N/A X 3 2 TN X TX X (a) N/A N/A X (a) N/A N/A UT X 18 487 X 4 238 X (a) 3 N/A X 7 N/A X (a) VT X 5 33 X 1 32 X 1 50 X 4 78 X 2 25 VA X 12 375 X 9 485 X N/A N/A WA X 20 N/A X 11 365 X (a) 19 397 X 16 483 X (a) N/A N/A WV X 9 566 2 160 13 588 WI X (a) X (a) X (a) WY X 13 163 2 43 X 2 N/A X (a) 3 N/A X (a) 2 N/A Total 32 35 45 43 36 KEY: NOTES: a. ACUTE-CARE COVERAGE ONLY. N/A = NOT AVAILABLE b. MINIMUM EXPENDITURE THRESHOLDS C. PARTICIPATION LIMITED TO SMALL HOSPITALS. d. EXEMPT UP TO A MAXIMUM NUMBER OR PERCENTAGE OF HOSPITAL BEDS. e. COVERAGE EFFECTIVE 1/1/90 f. ACCESSIBILITY VARIANCE. g. ONLY NEW BEDS, NOT CONVERSIONS. h. EXPEDITED CONVERSION PROCEDURE. i. ONLY WHEN A NEW SERVICE. j. LIMITED TO AREAS WITHOUT BEDS OF SIMILAR TYPE. k. LIMITED TO A SET NUMBER PER HOSPITAL. I. MORATORIUM ON NEW BEDS. m. WHILE AWAITING NURSING HOME PLACEMENT. n. NO, BUT COVERS A SIMILAR SERVICE. O. CLASS OF HOSPITALS EXEMPT. p. ALL NEW SERVICES. SOUP ATIONAL GOVERNORS' ASSOCIATION, 1989 TABLE II-3 INPATIENT HOSPITAL USE AND EXPENDITURES ( Excluding Mental Health and Outpatient Departments) 1985 - 1988 Average Compound Rate of Growth % Growth of % Growth of Total % Growth of Average State Inpatient Expend. Inpatient Recipients Per Recipient Expend. Alabama 3.4 -7.4 11.6 Alaska 11.9 10.7 1.1 Arkansas 5.9 5.6 0.33 California 7.2 2.9 4.2 Colorado 18.2 12.4 5.1 Connecticut 1.7 -0.5 2.2 Delaware 14.2 -0.4 14.6 District of Columbia 3.3 8.6 -4.8 Florida 27.9 27.8 0.1 Georgia 9.8 8.8 0.9 Hawaii 2.2 -3.8 6.2 Idaho 19.9 6.9 12.2 Illinois -1.7 -4 2.3 Indiana 20.2 1.9 7 lowa 13.5 7.4 5.7 Kansas 17.9 -5.8 25.2 Kentucky 5.2 -0.3 5.6 Lousiana -4.2 -9.1 5.2 Maine 18.4 0.92 17.3 Maryland 11.6 6.3 5.2 Massachusetts 8.1 2.2 5.8 Michigan 4 2.5 1.5 Minnesota 5.7 1.1 4.5 Mississippi 21.8 5.3 15.6 Missouri 7.1 2.2 4.9 Montana 15.9 13.3 2.3 Nebraska 15.1 5.2 9.4 Nevada 19.4 13.5 5.2 New Hampshire 12.1 1.2 10.8 New Jersey 15.4 -0.8 16.3 New Mexico 10.3 6.3 3.9 New York 8.2 5.9 2.2 North Carolina 16.1 19.5 5.1 North Dakota 6.6 -3.6 10.5 Ohio 3.6 1.4 2.1 Oklahoma 9.5 7.6 1.8 Oregon 10.8 8.4 2.3 Pennsylvania 5.9 -1.3 7.3 Rhode Island 18.3 0.8 5 South Carolina 14.2 7.1 6.7 South Dakota 6.4 3.3 3 Tennessee 15.6 3.9 11.3 Texas 15.8 12.5 2.9 Utah 17.37 9.39 7.25 Vermont 7.2 -2.7 10.3 Virginia 16 5.3 10.2 Washington 12.3 9:1 2.9 West Virginia 21.3 5.6 14.9 Wisconsin -0.9 -1.5 0.57 Wyoming 18.6 75 10.3 Average 10.92 4.38 6.48 SOURCE: HCFA-2082 REPORT TABLE II-4 STATE MEDICAID INPATIENT HOSPITAL EXPENDITURES FOR 1988* (Excluding Mental Health and Outpatient Departments) Inpatient Total Inpatient Average Per % Growth in Avg. State Expenditure Recipients Recipient Expend. Per Recipient Expend. Alabama $81,520,393 46,108 $1,768 -10.8 Alaska $24,496,119 4,052 $6,045 4.1 Arkansas $88,513,030 55,119 $1,606 -4.6 California $1,861,818,981 514,960 $3,615 9.2 Colorado $77,279,206 30,704 $2,517 -3 Connecticut $120,447,360 38,960 $3,092 1.5 Delaware $22,597,413 5,858 $3,858 0.5 District of Columbia $122,419,624 24,543 $4,988 -16.5 Florida $441,354,121 136,242 $3,239 6.3 Georgia $280,333,830 124,841 $2,246 2.1 Hawaii $35,968,687 11,289 $3,186 24.5 Idaho $24,618,643 7,209 $3,415 32.8 Illinois $555,418,764 174,496 $3,183 1.2 Indiana $218,807,617 64,113 $3,413 6.3 lowa $112,342,693 38,506 $2,918 23.2 Kansas $73,719,360 20,550 $3,587 49 Kentucky $173,304,403 76,180 $2,275 8.5 Lousiana $136,640,389 63,596 $2,149 13.4 Maine $79,306,982 28,953 $2,739 -33.7 Maryland $253,022,485 81,318 $3,112 4.9 Massachusetts $492,240,463 114,974 $4,281 -8.6 Michigan $497,262,583 147,224 $3,378 -4.7 Minnesota $164,767,230 54,184 $3,041 -1.6 Mississippi $108,884,485 71,333 $1,526 17.1 Missouri $143,876,824 71,161 $2,022 4.6 Montana $29,571,790 11,783 $2,510 7.3 Nebraska $50,505,329 19,757 $2,556 5 Nevada $25,822,812 6,793 $3,801 11.2 New Hampshire $18,843,677 6,548 $2,878 0.41 New Jersey $443,852,981 83,220 $5,333 33.6 New Mexico $62,339,423 20,873 $2,987 10.9 New York $2,232,282,165 387,434 $5,762 10.2 North Carolina $252,517,068 97,789 $2,582 7.7 North Dakota $23,631,729 8,705 $2,715 4.8 Ohio $558,720,160 184,264 $3,032 5.1 Oklahoma $162,840,396 58,114 $2,802 16.5 Oregon $45,208,059 28,023 $1,613 29.8 Pennsylvania $434,457,714 167,086 $2,600 11.3 Rhode Island $101,224,131 15,532 $6,517 7.8 South Carolina $100,201,736 77,369 $1,295 12.2 South Dakota $23,756,490 8,645 $2,748 2 Tennessee $182,946,659 100,416 $1,822 -15.3 Texas $417,097,672 224,215 $1,860 3 Utah $46,595,588 15,404 $3,025 5.9 Vermont $19,379,472 7,001 $2,768 1.7 Virginia $165,462,165 65,433 $2,529 13.8 Washington $178,955,742 54,055 $3,311 26.2 West Virginia $102,879,247 40,652 $2,531 -1 Wisconsin $127,587,224 57,020 $2,238 -7.9 Wyoming $12,298,303 3,649 $3,370 15.4 SUMMARY: $ TOTAL: TOTAL: AVG $: AVG GROWTH: $12,009,939,417 3,756,253 $3,048 6.87 * All dollar amounts refer to both federal and state money. SOURCE: HCFA-2082 REPORT TABLE II-5 STATE MEDICAID INPATIENT HOSPITAL EXPENDITURES FOR 1987* (Excluding Mental Health and Outpatient Departments) Inpatient Total Inpatient Average Per % Growth in Avg. State Expenditure Recipients Recipient Expend. Per Recipient Expend. Alabama $69,169,961 34,887 $1,983 41.8 Alaska $22,325,445 3,832 $5,826 -5.8 Arkansas $81,313,254 48,288 $1,684 -12.7 California $1,672,814,388 505,560 $3,309 4.9 Colorado $60,816,232 23,431 $2,596 7.4 Connecticut $113,466,135 37,261 $3,045 1.2 Delaware $22,180,600 5,791 $3,830 35.7 District of Columbia $128,518,770 21,497 $5,978 -11.6 Florida $338,463,753 110,839 $3,054 13.1 Georgia $231,287,185 105,178 $2,199 -3.9 Hawaii $28,907,784 11,306 $2,557 -3.5 Idaho $15,601,984 5,981 $2,609 2.7 Illinois $551,733,461 171,220 $3,222 9.2 Indiana $192,101,360 64,203 $2,992 0.26 lowa $87,929,169 37,153 $2,367 -2.3 Kansas $54,804,533 22,770 $2,407 7.4 Kentucky $160,873,387 76,773 $2,095 11.8 Lousiana $161,299,237 85,142 $1,894 -0.78 Maine $76,411,767 18,484 $4,134 9.6 Maryland $232,315,876 78,373 $2,964 7.6 Massachusetts $503,752,903 107,468 $4,687 2.8 Michigan $567,107,125 159,893 $3,547 -2.7 Minnesota $136,548,541 44,141 $3,093 7.3 Mississippi $92,706,043 71,132 $1,303 22.4 Missouri $130,904,860 67,726 $1,933 20.2 Montana $27,748,946 11,862 $2,339 -2.7 Nebraska $50,674,013 20,822 $2,434 21.7 Nevada $22,284,486 6,519 $3,418 5.6 New Hampshire $16,999,747 5,932 $2,866 11.1 New Jersey $380,729,611 95,449 $3,989 7.4 New Mexico $51,023,088 18,950 $2,693 2.6 New York $2,103,152,603 402,418 $5,226 -14.9 North Carolina $205,140,535 85,574 $2,397 4.9 North Dakota $22,389,657 8,649 $2,589 48.3 Ohio $608,520,728 210,892 $2,885 -5 Oklahoma $139,072,114 57,834 $2,405 34.6 Oregon $33,254,443 26,785 $1,242 -6.2 Pennsylvania $409,486,604 175,421 $2,334 -1.7 Rhode Island $91,055,819 15,067 $6,043 7.3 South Carolina $109,629,751 74,347 $1,475 0.82 South Dakota $23,231,466 8,626 $2,693 2.9 Tennessee $193,565,535 89,935 $2,152 3 Texas $381,820,180 211,511 $1,805 -2.5 Utah $43,244,245 15,152 $2,854 2.9 Vermont $19,319,383 7,101 $2,721 14.2 Virginia $139,719,915 62,906 $2,221 10.9 Washington $175,980,330 67,098 $2,623 3.6 West Virginia $95,458,290 37,330 $2,557 19.5 Wisconsin $143,267,220 58,938 $2,431 11.1 Wyoming $16,480,290 5,643 $2,920 7.3 SUMMARY: $ TOTAL: TOTAL: AVG $: AVG GROWTH: $11,236,602,752 3,699,090 $2,892 6.98 * All dollar amounts refer to both federal and state money. SOURCE: HCFA-2082 REPORT TABLE II-6 STATE MEDICAID INPATIENT HOSPITAL EXPENDITURES FOR 1986* (Excluding Mental Health and Outpatient Departments) Inpatient Total Inpatient Average Per % Growth in Avg. State Expenditure Recipients Recipient Expend. Per Recipient Expend. Alabama $80,157,879 57,323 $1,398 9.9 Alaska $17,983,226 2,906 $6,188 6.1 Arkansas $96,713,284 50,117 $1,930 21.1 California $1,478,305,383 468,960 $3,152 1.3 Colorado $31,578,820 13,067 $2,417 11.4 Connecticut $123,634,155 41,078 $3,010 3.9 Delaware $17,321,497 6,137 $2,822 10.2 District of Columbia $111,866,765 16,523 $6,770 17 Florida $262,311,448 97,168 $2,700 16.3 Georgia $220,542,364 96,453 $2,287 4.7 Hawaii $30,559,567 11,533 $2,650 -4.5 Idaho $15,623,640 6,152 $2,540 4.9 Illinois $558,080,434 189,298 $2,948 -0.97 Indiana $181,046,160 60,656 $2,985 7.2 lowa $74,748,784 30,856 $2,423 2.6 Kansas $36,549,540 16,309 $2,241 22.6 Kentucky $140,350,149 74,930 $1,873 3.2 Lousiana $167,518,223 87,767 $1,909 3.4 Maine $75,831,116 20,113 $3,770 55 Maryland $206,004,316 74,839 $2,753 2.9 Massachusetts $506,027,233 111,074 $4,556 25.9 Michigan $591,811,521 162,206 $3,649 13 Minnesota $126,608,577 43,956 $2,880 8.1 Mississippi $75,209,544 70,674 $1,064 7.8 Missouri $115,465,019 71,797 $1,608 -8.3 Montana $25,534,041 10,617 $2,405 2.5 Nebraska $40,756,148 20,380 $2,000 2.5 Nevada $20,917,673 6,467 $3,235 -0.8 New Hampshire $15,557,936 6,033 $2,579 21.8 New Jersey $316,974,220 85,346 $3,714 9.3 New Mexico $48,095,094 18,328 $2,624 1.6 New York $2,019,534,277 328,668 $6,145 13.6 North Carolina $193,523,334 84,675 $2,285 2.6 North Dakota $19,085,278 10,938 $1,745 13.3 Ohio $572,571,308 188,505 $3,037 6.7 Oklahoma $109,796,153 29,837 $3,680 38.6 Oregon $34,496,851 26,032 $1,325 -7.1 Pennsylvania $422,020,135 177,652 $2,376 12.8 Rhode Island $79,940,556 14,207 $5,627 0.26 South Carolina $107,914,309 73,777 $1,463 37.1 South Dakota $21,404,814 8,185 $2,615 4.2 Tennessee $182,520,165 82,198 $2,220 11.5 Texas $342,499,882 184,952 $1,852 8.7 Utah $34,081,285 12,299 $2,771 13 Vermont $16,768,180 7,043 $2,381 15.3 Virginia $122,312,010 61,085 $2,002 6 Washington $128,897,019 47,338 $2,723 10.4 West Virginia $73,405,906 34,314 $2,139 28.1 Wisconsin $112,194,062 51,276 $2,188 0.5 Wyoming $9,854,467 3,624 $2,719 8.1 SUMMARY: $ TOTAL: TOTAL: AVG $: AVG GROWTH: $10,412,503,747 3,455,668 $2,807 10.11 * All dollar amounts refer to both federal and state money. SOURCE: HCFA-2082 REPORT TABLE II-7 STATE MEDICAID INPATIENT HOSPITAL EXPENDITURES FOR 1985* (Excluding Mental Health and Outpatient Expenditures) Inpatient Total Inpatient Average Per State Expenditure Recipients Recipient Expend. Alabama $73,847,525 58,095 $1,271 Alaska $17,483,241 2,989 $5,849 Arkansas $74,542,961 46,875 $1,590 California $1,509,936,841 472,420 $3,196 Colorado $46,821,625 21,600 $2,168 Connecticut $114,533,761 39,536 $2,897 Delaware $15,193,444 5,932 $2,561 District of Columbia $110,802,341 19,153 $5,785 Florida $210,814,201 65,286 $3,229 Georgia $212,013,490 97,075 $2,184 Hawaii $33,731,942 12,672 $2,662 Idaho $14,290,682 5,905 $2,420 Illinois $585,428,882 197,144 $2,970 Indiana $168,607,996 60,556 $2,784 lowa $76,901,151 31,088 $2,474 Kansas $44,914,590 24,587 $1,827 Kentucky $148,756,604 76,908 $1,934 Lousiana $156,490,747 84,711 $1,847 Maine $47,767,873 28,168 $1,696 Maryland $180,812,021 67,640 $2,673 Massachusetts $389,914,137 107,816 $3,616 Michigan $441,961,618 136,907 $3,228 Minnesota $139,547,390 52,423 $2,662 Mississippi $60,273,800 61,051 $987 Missouri $117,026,742 66,707 $1,754 Montana $18,998,044 8,101 $2,345 Nebraska $33,141,303 16,994 $1,950 Nevada $15,159,228 4,645 $3,264 New Hampshire $13,369,683 6,319 $2,116 New Jersey $289,018,338 85,131 $3,395 New Mexico $46,393,668 17,396 $2,667 New York $1,762,284,543 326,038 $5,405 North Carolina $161,571,650 72,593 $2,226 North Dakota $19,533,678 9,702 $2,013 Ohio $503,233,256 176,836 $2,846 Oklahoma $123,998,203 46,720 $2,654 Oregon $33,213,121 22,007 $1,509 Pennsylvania $365,568,839 173,574 $2,106 Rhode Island $79,710,349 15,173 $5,253 South Carolina $67,244,399 63,013 $1,067 South Dakota $19,698,425 7,850 $2,509 Tennessee $118,392,332 89,489 $1,323 Texas $268,172,533 157,439 $1,703 Utah $28,856,582 11,769 $2,452 Vermont $15,711,394 7,610 $2,065 Virginia $105,905,697 56,081 $1,888 Washington $126,512,619 41,606 $3,041 West Virginia $57,586,074 34,506 $1,669 Wisconsin $131,292,836 59,672 $2,200 Wyoming $7,374,384 2,934 $2,513 SUMMARY: $ TOTAL: TOTAL: AVG $: $9,404,356,783 3,356,442 $2,569 * All dollar amounts refer to both federal and state money. SOURCE: HCFA-2082 REPORT THE WHITE HOUSE WASHINGTON March 27, 1990 NOTE TO KEN YALE DAN HEIMBACH JOHN SCHALL Mike Duncan of Public Liaison has arranged for Peter Libassi of The Travelers, representing the Connecticut Insurance Association and Carl Schramm of the Health Insurance Association of America to come by Friday at 10 am in my office to discuss the proposal to expand access to health insurance in Connecticut put forward by that state's insurance community. Please join us if you can. Peggy Polk will circulate the material we receive from them in advance. & Hanns Kuttner Information for White House Meeting March 30, 1990 Bruce W. Butler Vice President and General Manager Local Customer Accounts The Travelers SS# 471-40-9967 DOB 8/9/39 Frank Peter Libassi Senior Vice President Corporate Communications Dept. The Travelers SS# 126-22-7360 DOB 4/20/30 Carole T. Roberts Second Vice President Federal Government Affairs The Travelers SS# 077-36-7889 DOB 5/23/47 Carl J. Schramm President Health Insurance Association of America SS# 078-40-3465 DOB 8/12/46 mally R TheTravelersJ F. Peter Libassi Senior Vice President Corporate Communications The Travelers Companies One Tower Square Hartford, CT 06183 203-277-2509 , To mike Phone Seen- P-2- the 232-0341 (h) January 30, 1990 To come PIR Ms. Bobbie Kilberg meet t wals be Deputy Assistant to the President Office of the Public Liaison you The White House, Room 128 Washington, D.C. 20500 Blso Dear Ms. Kilberg: Knowing of your interest in expanding access to health care, I want to bring to your attention a new initiative by the Insurance Association of Connecticut (IAC). This innovative program, recently presented to the Connecticut Blue Ribbon Commission on State Health Insurance, is designed to provide access to the financing of health care for small businesses (firms having fewer than 25 employees). Information about the proposal is attached. Travelers, the largest commercial insurer in the small group market, helped craft and supports the IAC proposal. We believe it represents a responsible approach to the serious concerns expressed by our customers and by public policymakers. It entails fundamental changes in the way that we as insurers do business in the small group market. The plan would: * Guarantee access and availability by offering a more affordable core benefits plan to small companies and by reinsuring against high risks. * Bring stability to this market by limiting premium increases and by restricting termination of coverage. Smill Group * Allow employees to change jobs without losing coverage been Ir because of a pre-existing condition. The IAC program is one piece of what must be a partnership Bruce Bullr between business and government. The private and public sectors, working in concert, have a unique opportunity to resolve the access dilemma without undermining an employer-based health care financing system that already provides 180 million Americans with access to care. Hans 6563 SNA -2- We would be pleased to brief you about the details of this proposal. At your convenience, Travelers representatives are available to meet with you to discuss the Connecticut plan as well as Travelers commitment to the small business market. Sincerely, Peta L. F. Peter Libassi Enclosure FPL/lh INSURANCE ASSOCIATION OF CONNECTICUT SUITE 1304 60 WASHINGTON STREET, HARTFORD, CONN. 06106 PHONE (203) 547-0610 PRESS RELEASE For Release: January 9, 1990 11:30 a.m. CONTACT: E. Joseph Martin Director of Information Insurance Association of Connecticut 60 Washington Street, Suite 1304 Hartford, CT 06106 (203) 547-0610 IAC PRESIDENT LEROY UNVEILS INNOVATIVE PROPOSALS ON MEDICALLY UNINSURED HARTFORD -- The Insurance Association of Connecticut (IAC) today unveiled a bold new proposal concerning medical insurance for the 272,000 Connecticut citizens who are uninsured -- a program never before advanced anywhere in the U.S. H. Craig Leroy, president of the IAC, said the insurance industry's plan "would radically change how we do business in the small group health insurance marketplace for the better." He also asked for a cooperative public/private partnership to fill the needs of the poor and near poor. Leroy stated that, "This proposal demands a shared responsibility among government, business, the insurance industry and health care community. = AN ASSOCIATION OF CONNECTICUT INSURANCE COMPANIES -2- Nationwide surveys show that two-thirds of the working uninsured are employed in companies with fewer than 25 employees. To provide affordable coverage to these employers, the plan would allow insurance companies to sell lower-cost benefit plans free of some of the benefits mandated by Connecticut law. "We have developed several low-cost, pared-down plans that could be offered to the small employer community," Leroy said. Those employers who purchase a pared-down policy would be granted a tax credit and such policies would be exempt from the state's two percent premium tax with the savings being passed on to the policyholder. A reinsurance mechanism coupled with underwriting and rating restrictions would provide more affordable coverage to small employers, he explained. The reinsurance mechanism would also protect employee privacy. Rating restrictions would eliminate the "traumatic" rate increases currently being levied on some small employers. These restrictions Leroy outlined would include: -- A prohibition on all carriers from cancelling a small employer's coverage except for fraud, non-payment of premium and the like. -- A restriction on the ability to impose pre-existing condition limitations under certain circumstances. -- A requirement to mandate carriers to accept or reject entire groups. -- A requirement that all small group insurers operate according to these rules. -3- "We believe this plan would make insurance more available, make the pricing structure more predictable and stable, and small employers would be more fully protected from being cancelled outright or being priced out of the market due to adverse claims experience, = Leroy said. In addressing the coverage for the poor population, Leroy said insurance companies and the government "should jointly begin the process of discussing how Medicaid should help more low income individuals obtain Medicaid services." He said that the IAC would work cooperatively with the state government to devise new options for Medicaid to expand coverage to the poor and near poor. Another important component for maintaining and expanding employer coverage and expanding the number of people covered by public sector plans is controlling health costs. "Policymakers should encourage development of the private sector's cost-management techniques," he concluded. lc INSURANCE ASSOCIATION OF CONNECTICUT SUITE 1304 60 WASHINGTON STREET, HARTFORD, CONN. 06106 PHONE (203) 547-0610 IAC INITIATIVE ON STATE HEALTH INSURANCE The IAC has been developing a comprehensive plan to address the problem of the health uninsured in Connecticut. The major elements of the IAC program are: 1. Basic, more affordable policies for small groups - - make less expensive health insurance policies available to currently uninsured small groups (2 to 25 lives), where the majority of working uninsured are employed, and create financial incentives to encourage purchasing the policies, thereby helping to reduce the number of uninsured. The proposal includes: A. Pared-down health insurance policy- the IAC has formed several model insurance plans, which vary in the degree to which preventive and catastrophic coverage is provided. The policies would be marketed by individual insurers, would eliminate or reduce certain mandates and would be made available to new employers and employers who had not insured their employees for at least two years. The program would be sunset after four years. B. Tax credit--grant employers who are purchasing a pared-down policy for their employees a tax credit against any corporation business tax owed, provided the employer pays at least 50% of the premium. The credit would sunset after four years. C. Premium tax waiver exempt pared-down policies from 2% premium tax with the savings to be passed onto the policyholder. This will cost the state minimal amounts, since no premiums are currently being paid by such employers. D. Legislative study of efficacy of pared-down policy study the program after three years; submit recommendations to General Assembly as to continuation, elimination or modification of the program. AN ASSOCIATION OF CONNECTICUT INSURANCE COMPANIES -2- 2. Medicaid the 1989 Budget Reconciliation Act provides funds for Medicaid demonstration projects targeting maternal and child-care benefits, the IAC will offer its member companies' expertise to the state to assist it in developing such projects for Connecticut, as these projects could be useful in addressing a sizeable segment of the problem of the health uninsured. IAC assistance will also be offered to explore the possibility of Medicaid "buy-in" and "buy-out" programs. 3. Market stability--increase the stability and accessibility of the small group health insurance market (2 to 25 lives) by making fundamental changes in industry practices regarding underwriting and rating and by establishing a statewide reinsurance mechanism. The characteristics of this proposal are: A. Guaranteed Availability--All small employers would be guaranteed the right to purchase a plan of benefits without regard to the health condition of their employees or dependents. This program would be similar to the current Connecticut Health Reinsurance Association's program for purchase of health insurance, but would be especially designed for the small employer market. B. Guaranteed Continuity of Coverage for Small Groups--Insurers would be precluded from discontinuing an employer's health benefits plan except for non-payment of premium, fraud, material change in risk or failure to meet participation requirements. Individuals who continue to meet eligibility requirements could not be terminated from group plans. C. Pre-existing Health Conditions--Pre-existing condition limitations may be applied to the individual employee or his dependents when the employee changes jobs. The IAC proposal would prohibit application of pre-existing condition limitations in these situations in the small group market. D. Premium Rates-- In order to provide for a more stable and affordable market for the purchase of small group health insurance: 1. Regardless of the health condition or numbers of claims of any insureds in a small group, the annual increase in premium rates for the group could not exceed the total of the increase in the insurer's premium rates for a similar new group plus a specified amount for necessary rating flexibility. 2. Also, despite health conditions, premium rates for a small group could never be more than an amount, to be determined, higher than those of the insurer's lowest rating category for a similar employer with similar benefits. -3- E. Reinsurance Pool for the Small Employer Market. In order to provide for a more stable market and to encourage the insuring of groups that might not otherwise be underwritten, the proposal calls for establishment of a reinsurance pool for high risk individuals within the small group market with the following major provisions: 1. The pool would be available for use by small group insurers, who may put the group as a whole or individuals from the group in the pool, depending on who is considered to be of sufficient risk to warrant reinsuring that risk. 2. A reinsurance premium would be charged the insurer for each reinsured risk. Employers would pay some or all of the reinsurance premium, depending on the circumstances of reinsurance. 3. Losses from the mechanism would be covered by assessments against pool members. The IAC proposal anticipates that all insurers in the small group marketplace will be members of the pool, including all commercial insurance companies, health maintenance organizations, and any other organizations doing a small group insurance business in Connecticut. 4. Assessments paid by small group members will not exceed 5% of the total premium for small group health insurance in Connecticut, SO as not to exacerbate the affordability concerns in the market. A premium tax offset or other broad-based financing mechanism will be provided for liability exceeding the 5% level. 5. The reinsurance mechanism is transparent to the beneficiary and to third parties in order to avoid discriminatory treatment and protect employee privacy. Employees who are placed in the reinsurance mechanism pay no more for coverage than other employees with the same employer. F. Transition- rules will be established for a specified period of time to cover the initial application of rating restrictions to each insurer's existing book of business. STATEMENT TESTIMONY OF H. CRAIG LEROY THE BLUE RIBBON COMMISSION ON STATE HEALTH INSURANCE TUESDAY, JANUARY 9, 1990 The insurance industry is greatly concerned about the near 272,000 Connecticut citizens who do not enjoy the protection of health insurance. The industry has worked hard to develop creative solutions for extending health care benefits to uninsured groups and individuals. Our companies are committed to working with government to implement effective approaches for providing coverage to this population. Indeed, we need a shared partnership between government, business, insurers, as well as health care providers if we are to step forward in Connecticut and address the issue of the medically uninsured. It is no one's sole responsibility but it is going to take everyone's willingness to do things differently if we are to make progress in Connecticut. As you will hear, the Connecticut insurance industry is willing to answer that challenge. We hope others are also willing. The task of ensuring that all our citizens enjoy the protection of health insurance is complex. This complexity is largely a function of the diversity of the uninsured population; this diversity requires a combination of private and public solutions. -2- A positive, multi-faceted approach that addresses the people greatest in need and responds to the different portions of the uninsured population is necessary. The IAC proposes a 6-point program of public and private sector partnership to respond positively to this challenge: 1. Creation of basic, no-frills insurance policies for the small group market (25 lives and less). These plans would focus on preventative and catastrophic coverages and eliminate or reduce certain mandated benefits. These policies would provide significant premium savings for the purchasing small employer. 2. Tax Credits for small employers who purchase the basic policy for their employees and who pay at least 50% of the premium; 3. Premium tax waiver for these basic policies to further reduce the cost to the policyholder; 4. Legislative study of the efficacy of the basic policy program outlined above after a three-year period so the Legislature can determine whether it works, should be modified or eliminated; -3- - 5. Expand the Medicaid program to ensure that all individuals below the poverty line are covered, consider Medicaid "buy-in" and "buy-out" programs, and work to develop demonstration projects targeting maternal and child-care benefits. The IAC and its member companies will be willing to assist in exploring these initiatives with the state; 6. Enhance the stability and accessibility of the small group health insurance market in Connecticut by establishing a statewide reinsurance mechanism and by making fundamental changes in industry practices regarding underwriting and rating. I will now discuss each of these in more detail. Expanding Coverage in the Small Employer Market More has to be done, with efforts from both the public and private sectors, to provide small businesses with the opportunity to purchase affordable health coverage. Nationwide surveys show that two-thirds of the working uninsured are employed in companies with fewer than 25 employees. Also, surveys demonstrate that small businesses do provide health coverage to their workers once they grow or can afford it. Currently, health coverage is unaffordable 4 to many small employers. This is because the cost of health services continues to increase much more rapidly than overall inflation and the rate of utilization of these services continues to increase. Health insurance premiums must reflect these underlying cost trends. We believe, however, there are actions that can be taken to provide more affordable health coverage for small employers, incentives that encourage small businesses to buy coverage for the first time, and a more stable market in which to purchase coverage. More Affordable Coverage is Needed Underlying affordability problems faced by small employers must be addressed. Currently, Connecticut's mandated benefit laws prevent insurers from offering lower cost benefit plans. The increase in the cost of coverage due to the state's mandated benefit laws is responsible for some businesses choosing not to purchase health coverage. Making affordable coverage available would allow employers and employees the flexibility to decide the type of healthcare they would like to purchase. Furthermore, small employers should be provided the very same freedom from state -5- mandated benefits laws now enjoyed by self-insured plans (which typically are used by larger employers). It is ironic that small employers, those least able to afford health coverage, are saddled with purchasing these costly mandated benefits. Carriers should be permitted to sell to small employers low-cost benefit plans free of some of Connecticut's mandated benefits. We have developed several low cost prototype "pared-down" plans that could be offered to the small employer community. "Pared-down" coverage should be offered for a limited time to small employers not yet offering coverage as an incentive to have these employers begin offering coverage. A sunset provision and study of the effect of offering such policies should be included in any proposed legislation. Tax Credits are Needed We should grant employers who are purchasing a pared-down policy for their employees a tax credit. Pared down policies should also be exempt from the state 2% premium tax with the savings being passed to the policyholder. (This exemption would have little fiscal impact on the state since these would be new policies being sold.) Providing tax credits and a premium tax waiver for the purchase of a pared-down policy could have a significant impact on making health coverage more affordable. - 6 A More Stable and Predictable Marketplace that Guarantees Availability Is Needed A reinsurance mechanism, coupled with underwriting and rating restrictions for health coverage written in the small employer market, should be established. In the present marketplace, certain small employer groups may present a high or even uninsurable risk due to the presence of high risk individuals or the high risk nature of their business. For many of these businesses, the cost of health coverage is prohibitively expensive. The small employer reinsurance mechanism coupled with reasonable underwriting and rating restrictions would help provide more affordable coverage to small employers. A not-for-profit reinsurance mechanism should be established and would serve to promote availability. It would allow insurers to "reinsure" high risks with the reinsurance mechanism in exchange for a reinsurance premium. Claims incurred by reinsured risks would be covered by the reinsurer. This would encourage insurers to accept risks that they might not normally accept since they are protected by the marketplace at large from the costs of accumulating a disproportionate number of high risks. -7- Employers would pay some or all of the reinsurance premium, depending on the circumstances of reinsurance. However, the process of reinsurance is intended to be invisible to the insureds within the groups in order to avoid discriminatory treatment and protect employee privacy. To accomplish these objectives, an employee will not be aware that he is being reinsured by an insurer. When a carrier has chosen to reinsure, they will continue to pay the claims (and/or utilize the same delivery system) for the nonreinsured and reinsured risks. The processes of reinsurance premium payment and reimbursement for reinsured risks are purely transactions between the carrier and the reinsurer. Naturally, the reinsurer will incur losses. Insurers will generally only reinsure risks for which they expect the actual claims costs to exceed the premium for reinsurance. Therefore, the losses generated would be spread back equitably across the marketplace. However, to avoid exacerbating the affordability concerns of the small employer market, limitations on the amount of losses are necessary. Legislation creating the mechanism should not require the small business community to pay any pool losses which exceed 5% of the total premium for small business group health insurance in Connecticut. To that end, a premium tax offfset should be provided for participating insurers for any losses exceeding 5%. Otherwise, serious harm could be done to small business due to increased affordability problems. -8- - In addition, reasonable underwriting and rating restrictions would also be imposed on carriers writing in the small employer market in order to provide needed stability to this marketplace. These restrictions include: -Rate restrictions to eliminate the traumatic rate increases currently levied on some small employers. Medical costs continue to increase rapidly and premium rates will continue to reflect those increases. However, these rate limitations would inject some needed predictability and stability into the small employer market, thereby allowing small employers to plan and budget for health coverage costs with greater ease. -A prohibition on all carriers from cancelling a small employer's coverage except for fraud, non-payment of premium and the like. Thus, cancelling a group for adverse claims experience would be prohibited. -A restriction on all carriers on their ability to impose pre-existing condition limitations under certain circumstances. -A requirement imposed on all carriers to accept or reject entire groups. Employers and insurers could not exclude any individual in the group who wanted coverage. - 9 -A prohibition on all carriers from operating in the small group market unless they operated according to these rules. The small employer reinsurance mechanism coupled with the underwriting and rating restrictions is intended to serve several goals. First, it would promote the availability of coverage to all small employers, including groups with high risk individuals. The reinsurance mechanism will provide the necessary safety net for those employers and employees who are currently experiencing difficulty obtaining health coverage due to existing medical conditions. Second, the reinsurance mechanism and the rating restrictions would interact to provide a more predictable and stable pricing structure for small employers, as well as making the coverage more affordable for groups with employees possessing existing serious medical conditions. The rate restrictions will also help alleviate tremendous premium increases some employers are currently experiencing. Lastly, by imposing the underwriting and rating restrictions (both initially and at renewal), small employers will be more fully protected from being cancelled outright or being priced out of the market due to adverse claims experience. -10- Let me emphasize what I have just described. This proposal would impose significant but reasonable underwriting and rating restrictions on carriers and it would radically change the way carriers operate in the small group market for the better. While these restrictions may increase costs for some groups, we believe it is a necessary response to the problems experienced in the small group market and it should provide a more stable market for small employers, thereby encouraging them to provide coverage to their workers. Public Assistance for the Uninsured with Low Income The proper role of government and a priority of any program for the uninsured must be to provide coverage to low income individuals through carefully targeted, improved, and expanded public assistance programs. Eligibility for public assistance programs should be broadened to ensure that all persons who fall below the poverty line are covered for health care services, irrespective of age, disability, family or employment status. If available funds prevent full coverage up to the poverty level, priority should be given to children before other populations. Priority should also be placed on primary care and preventive services. Governmental assistance to the poor and near poor could take several creative forms and could -11- involve public/private cooperative efforts. The suggested forms of public assistance outlined below are just that--suggèstions. The IAC, representing major Connecticut insurers, offers the resources of our member companies to help state government examine current Medicaid programs and devise possible expansion. We are also aware of certain budget realities. However, we should jointly begin the process of discussing how Medicaid should evolve to help more low income individuals obtain medical services. Medicaid Buy-In Connecticut should evaluate creating a limited Medicaid "buy in" program. Individuals and families with income above the poverty line but below 150 percent of the federal poverty level should be eligible to purchase first-dollar coverage of a limited package of primary, preventive and related ambulatory care coverages through the state's Medicaid Program. Such a limited benefit package meets the near-poor's need for access to basic primary care (so that illness does not become more severe and expensive through lack of treatment), while not significantly lessening employers' incentives to offer basic insurance protection. -12- The limited benefit package keeps costs of the buy-in coverage per se to a minimum, thus permitting very low premiums, constraining government costs, broadening participation, and reducing the chance of adverse selection. Medicaid Buv-Out We should also examine creating a Medicaid "buy-out" program. Medicaid eligibles who are working should be encouraged to make use of employment-based health insurance, where it is available. To accomplish this goal, state Medicaid programs could be given the option of paying (and receiving federal matching funds which would take federal legislation) the employee's share (if any) of the private insurance premium, as well as other costs. Medicaid would continue to be available to cover deductibles and other benefits not covered under the employer plan; and Medicaid's contribution, for the employee's premium plus Medicaid's "wrap-around" coverage, would not be permitted to exceed the average cost of traditional Medicaid coverage. For both the "buy out" of Medicaid eligibles and the "buy out" of individuals transitioning off Medicaid, participating employers should be required to make the same premium contribution on behalf of Medicaid-eligible employees as they do for other employees. -13- Such a program would support the current public policy concept of encouraging low-income persons to work by easing the transition from public support to self support. Health Care Management Initiatives Controlling health care costs is an important component of maintaining and expanding employer coverage and expanding the number of people covered by public sector plans. Healthcare costs are being driven mainly by a number of factors including demographics, new technology and cost-shifting from the public sector. The private sector is, however, developing and implementing programs aimed at better management of health care costs. The goal of health care cost management is to restrain costs without reducing quality of care. New and creative provider networks are also being developed to cost efficiently provide care. Both PPOs and HMOs are used for this purpose. New services such as utilization review which introduces an informed buyer into the health care services transaction are being implemented. The health care delivery system continues to evolve in response to concerns about the costs of health care and carriers continue to develop innovative cost management techniques. -14- Policymakers should encourage development of the private sector's cost-management techniques. Restrictions on the use of these techniques will cause an increase in a currently unaffordable product for many. In addition, the public sector could benefit from aggressively implementing these healthcare cost management techniques in their own health care programs. Conclusion I would like to conclude by reemphasizing my initial point. Addressing this issue of providing health insurance for all our citizens is complex. It demands a shared responsibility among government, business, the insurance industry, as well as the health care community. We in the insurance industry have offered today a proposal which would radically change how we do business in the small business health insurance marketplace. Nothing like this has been proposed elsewhere in our country. Yet, it is the responsibility of all involved in the health care system to shoulder part of the responsibility in addressing this issue. As the growth of health care costs continues to skyrocket, the ability of insurers to slow the increase in insurance premiums is limited. Only by working together can we create a solution in Connecticut which can be effective and, of which, we can all be proud. IX 101ST CONGRESS 2D SESSION H.R.3932 To amend title XIX of the Social Security Act to improve access to basic health care services to needy children. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 1990 Mr. SLATTERY (for himself, Mr. WAXMAN, Mr. MILLER of California, Mr. SCHEUER, Mr. WALGREN, Mr. WYDEN, Mr. SIKORSKI, Mr. BATES, Mr. BRUCE, Mrs. COLLINS, Mr. TOWNS, Mr. MARKEY, Mr. BOUCHER, Mr. DURBIN, Mr. BERMAN, Mr. WILLIAMS, Mr. McDERMOTT, Mr. FRANK, Mr. RANGEL, Mr. FAUNTROY, Ms. SCHNEIDER, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr. WHEAT, Mr. JOHNSTON of Florida, Mr. FOGLIETTA, Mr. DE LUGO, Mr. CROCKETT, Mr. ACKERMAN, and Mr. HAWKINS) introduced the following bill; which was referred to the Committee on Energy and Com- merce A BILL To amend title XIX of the Social Security Act to improve access to basic health care services to needy children. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 TITLE I-SHORT TITLE 4 SECTION 101. SHORT TITLE. 5 This Act may be cited as the "Medicaid Child Health 6 Amendments of 1990". (J. 39-080) 2 1 TITLE II-CHILD HEALTH 2 AMENDMENTS 3 SEC. 201. PHASED-IN MANDATORY COVERAGE OF CHILDREN 4 UP TO 100 PERCENT OF POVERTY LEVEL. 5 (a) IN GENERAL.-Section 1902 of the Social Security 6 Act (42 U.S.C. 1396a), as amended by section 6401(a) of the 7 Omnibus Budget Reconciliation Act of 1989, is amended- 8 (1) in subsection (a)(10)(A)(i)- 9 (A) by striking "or" at the end of subclause 10 (V), 11 (B) by striking the semicolon at the end of 12 subclause (VI) and inserting ", or", and 13 (C) by adding at the end the following new 14 subclause: 15 "(VII) who are described in sub- 16 paragraph (D) of subsection (l)(1) and 17 whose family income does not exceed 18 the income level the State is required to 19 establish under subsection (1)(2)(C) for 20 such a family;"; 21 (2) in subsection (a)(10)(A)(ii)(IX), by striking "or 22 clause (i)(VI)" and inserting ", clause (i)(VI), or clause 23 (i)(VII)"; 24 (3) in subsection (1)- HR 3932 IH 3 1 (A) by amending subparagraph (D) of para- 2 graph (1) to read as follows: 3 "(D) children born after September 30, 1983, who 4 have attained one year of age but have not attained 18 5 years of age,"; 6 (B) by striking subparagraph (C) of para- 7 graph (2) and inserting the following: 8 "(C) For purposes of paragraph (1) with respect 9 to individuals described in subparagraph (D) of that 10 paragraph, the State shall establish an income level 11 which is equal to the 100 percent of the income official 12 poverty line described in subparagraph (A) applicable 13 to a family of the size involved."; 14 (C) in paragraph (3)- 15 (i) by inserting ", (a)(10)(A)(i)(VII)," 16 after "(a)(10)(A)(i)(VI)", and 17 (ii) in subparagraph (E), by striking 18 "the methodology employed" and inserting 19 "a methodology which is no more restrictive 20 than the methodology employed"; 21 (D) in paragraph (4)(A), by inserting "or sub- 22 section (a)(10)(A)(i)(VII)" after ("(a)(10)(A)(i)(VI)"; 23 and HR 3932 IH 4 1 (E) in paragraph (4)(B), by striking "or 2 (a)(10)(A)(i)(VI)" after ", (a)(10)(A)(i)(VI), or 3 (a)(10)(A)(i)(VII)'; and 4 (4) in subsection (r)(2)(A), by inserting 5 "(a)(10)(A)(i)(VII)," after ('(a)(10)(A)(i)(VI),'. 6 (b) CONFORMING AMENDMENT TO QUALIFIED CHIL- 7 DREN.-Section 1905(n)(2) of such Act (42 U.S.C. 8 1396d(n)(2)) is amended by striking "age of 7 (or any age 9 designated by the State that exceeds 7 but does not exceed 10 8)" and inserting "age of 18". 11 (c) ADDITIONAL CONFORMING AMENDMENTS.- 12 (1) Section 1903(f)(4) of such Act (42 U.S.C. 13 1396b(f)(4)) is amended- 14 (A) by striking "1902(a)(10)(A)(i)(IV)," and 15 inserting "1902(a)(10)(A)(i)(III), 16 1902(a)(10)(A)(i)(IV), 1902(a)(10)(A)(i)(V),", and 17 (B) by inserting after "1902(a)(10)(A)(i)(VI)," 18 the following: 19 1902(a)(1)(A)(ii)(I),". 20 (2) Subsections (a)(3)(C) and (b)(3)(C)(i) of section 21 1925 of such Act (42 U.S.C. 1396r-6), as amended by 22 section 6411(i)(3) of the Omnibus Budget Reconcilia- 23 tion Act of 1989, are each amended by inserting 24 "(i)(VII)," after "(i)(VI)". HR 3932 IH 5 1 (d) EFFECTIVE DATE.-(1) The amendments made by 2 this section apply (except as otherwise provided in this sub- 3 section) to payments under title XIX of the Social Security 4 Act for calendar quarters beginning on or after July 1, 1991, 5 without regard to whether or not final regulations to carry 6 out such amendments have been promulgated by such date. 7 (2)(A) In the case of a State plan for medical assistance 8 under title XIX of the Social Security Act which the Secre- 9 tary of Health and Human Services determines requires 10 State legislation (other than legislation authorizing or appro- 11 priating funds) in order for the plan to meet the additional 12 requirements imposed by the amendments made by this sec- 13 tion, the State plan shall not be regarded as failing to comply 14 with the requirements of such title solely on the basis of its 15 failure to meet these additional requirements before the first 16 day of the first calendar quarter beginning after the close of 17 the first regular session of the State legislature that begins 18 after the date of the enactment of this Act. For purposes of 19 the previous sentence, in the case of a State that has a 2- 20 year legislative session, each year of such session shall be 21 deemed to be a separate regular session of the State 22 legislature. 23 (B) In the case of the State of Texas, the State plan 24 shall not be regarded as failing to comply with the require- 25 ments of title XIX of the Social Security Act solely on the HR 3932 IH 6 1 basis of its failure to meet the additional requirements im- 2 posed by the amendments made by this section before Sep- 3 tember 1, 1991. 4 SEC. 202. OPTIONAL COVERAGE OF CHILDREN UP TO AGE 6 5 WITH INCOME BELOW 185 PERCENT OF THE 6 POVERTY LEVEL. 7 (a) IN GENERAL.-Section 1902 of the Social Security 8 Act, as amended by section 6401(a) of the Omnibus Budget 9 Reconciliation Act of 1989, is amended- 10 (1) in subsection (a)(10)(A)(i)(VI), by inserting 11 "minimum" before "income level", and 12 (2) in subsection (I)(2)(B), by striking "133 per- 13 cent" and inserting "a percentage (established by the 14 State, which is not less than 133 percent and not more 15 than 185 percent)". 16 (b) EFFECTIVE DATE.-The amendments made by sub- 17 section (a) shall apply to payments under title XIX of the 18 Social Security Act for calendar quarters beginning on or 19 after January 1, 1991, with respect to eligibility for medical 20 assistance on or after such date, without regard to whether 21 or not final regulations to carry out such amendments have 22 been promulgated by such date. 23 SEC. 203. APPLICATIONS USING OUTREACH LOCATIONS. 24 (a) IN GENERAL.-Section 1902(a) of the Social 25 Security Act (42 U.S.C. 1396a(a)), as amended by section HR 3932 IH 7 1 6406(a) of the Omnibus Budget Reconciliation Act of 1989, 2 is amended- 3 (1) by striking "and" at the end of paragraph 4 (52), 5 (2) by striking the period at the end of paragraph 6 (53) and inserting "; and", and 7 (3) by inserting after paragraph (53) the following 8 new paragraph: 9 "(54) provide for receipt and initial processing 10 of applications of individuals for medical assistance 11 under subsections (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI), 12 (a)(10)(A)(i)(VII), or (a)(10)(A)(ii)(IX)- 13 "(A) at locations which include locations 14 (such as hospitals or clinics providing covered 15 services to such individuals, without discrimina- 16 tion based on whether the hospital or clinic is 17 public or private) which are other than those used 18 for the receipt and processing of applications for 19 aid under part A of title IV, and 20 "(B) using applications which are other than 21 those used for applications for aid under such 22 part.". 23 (b) EFFECTIVE DATE.-The amendments made by sub- 24 section (a) apply to payments under title XIX of the Social 25 Security Act for calendar quarters beginning on or after July HR 3932 IH 8 1 1, 1991, without regard to whether or not final regulations to 2 carry out such amendments have been promulgated by such 3 date. 4 SEC. 204. EXTENSION OF MEDICAID TRANSITION COVERAGE. 5 (a) OPTIONAL ADDITIONAL 12-MONTH EXTENSION.- 6 Section 1925(b) of the Social Security Act (42 U.S.C. 7 1396s(b)) is amended- 8 (1) in the heading, by striking "6-MONTH"; 9 (2) in paragraph (1), by striking "the succeeding 10 6-month period" and inserting "the succeeding period 11 of 6 months (or, at the State option as specified by the 12 State, of 9 months, 12 months, 15 months, or 18 13 months)"; 14 (3) in paragraph (2)(A)(ii), by inserting "(and, if 15 applicable, 6th, 9th, 12th, and 15th month)" after "3rd 16 month"; 17 (4) in paragraph (2)(B)(ii), by inserting "(and, if 18 applicable, 7th, 10th, 13th, and 16th month)" after 19 "4th month"; 20 (5) in paragraph (3)(A), in the matter before 21 clause (i), by striking "6-month"; 22 (6) in paragraph (3)(A)(iii), by striking "of the 6- 23 month period" and inserting "(or, if applicable, the 24 7th, 10th, 13th, or 16th month) of the period"; and HR 3932 IH 9 1 (7) in paragraph (5)(D)(i), by striking "of the 6- 2 month additional extension period" and inserting "(or, 3 if applicable, the 7th, 10th, 13th, or 16th month) of 4 the additional extension period". 5 (b) REPEAL OF SUNSET PROVISION.-Subsection (f) of 6 section 1925 of such Act is repealed. 7 (c) EFFECTIVE DATES.-The amendments made by 8 this section shall take effect on April 1, 1990. 9 SEC. 205. EXTENSION OF PAYMENT PROVISIONS FOR MEDI- 10 CALLY NECESSARY SERVICES IN DISPROPOR- 11 TIONATE SHARE HOSPITALS TO CHILDREN 12 UNDER 18 YEARS OF AGE. 13 (a) COVERAGE OF MEDICALLY NECESSARY SERVICES 14 FOR CHILDREN.-Section 1902(a)(10) of the Social Security 15 Act (42 U.S.C. 1396a(a)(10)) is amended, in the subdivision 16 (X) following subparagraph (E), by striking "under one year 17 of age" and inserting "under 18 years of age". 18 (b) ASSURING ADEQUATE PAYMENT FOR INPATIENT 19 HOSPITAL SERVICES FOR CHILDREN IN DISPROPORTION- 20 ATE SHARE HOSPITALS.-Section 1923(a)(2) of such Act 21 (42 U.S.C. 1396r-4) is amended by adding at the end the 22 following new subparagraph: 23 "(D) If a State plan under this title provides for 24 payments for inpatient hospital services on a prospec- 25 tive basis (whether per diem, per case, or otherwise), HR 3932 IH 10 1 in order for the plan to be considered to have met such 2 requirement of section 1902(a)(13)(A) as of July 1, 3 1991, the State must submit to the Secretary by not 4 later than April 1, 1991, a State plan amendment that 5 provides, in the case of hospitals defined by the State 6 as disproportionate share hospitals under paragraph 7 (1)(A), for an outlier adjustment in payment amounts 8 for medically necessary inpatient hospital services pro- 9 vided on or after July 1, 1991, involving exceptionally 10 high costs or exceptionally long lengths of stay for in- 11 dividuals one year of age or older, but under 18 years 12 of age.". 13 (c) EFFECTIVE DATES.-(1)(A) The amendment made 14 by subsection (a) applies (except as provided under subpara- 15 graph (B)) to payments under title XIX of the Social Security 16 Act for calendar quarters beginning on or after July 1, 1991, 17 without regard to whether or not final regulations to carry 18 out such amendment have been promulgated by such date. 19 (B) In the case of a State plan for medical assistance 20 under title XIX of the Social Security Act which the Secre- 21 tary of Health and Human Services determines requires 22 State legislation (other than legislation authorizing or appro- 23 priating funds) in order for the plan to meet the additional 24 requirement imposed by the amendment made by subsection 25 (a), the State plan shall not be regarded as failing to comply HR 3932 IH 11 1 with the requirements of such title solely on the basis of its 2 failure to meet this additional requirement before the first day 3 of the first calendar quarter beginning after the close of the 4 first regular session of the State legislature that begins after 5 the date of the enactment of this Act. For purposes of the 6 previous sentence, in the case of a State that has a 2-year 7 legislative session, each year of such session shall be deemed 8 to be a separate regular session of the State legislature. 9 (2) The amendment made by subsection (b) shall take 10 effect on the date of the enactment of this Act. 11 SEC. 206. REQUIRING "SECTION 209(B)" STATES TO PROVIDE 12 MEDICAL ASSISTANCE TO DISABLED CHILDREN 13 RECEIVING SSI BENEFITS. 14 (a) IN GENERAL.-Section 1902(f) of the Social Securi- 15 ty Act (42 U.S.C. 1396a(f)) is amended- 16 (1) by inserting "paragraph (2) of this subsection 17 and" after ", except as provided in", 18 (2) by striking "(1)" and "(2)" and inserting 19 "(A)" and "(B)", respectively, 20 (3) by inserting "(1)" after "(f)", and 21 (4) by adding at the end the following new para- 22 graph: 23 "(2) A State shall provide medical assistance to any in- 24 dividual under 18 years of age with respect to whom supple- HR 3932 IH 12 1 mental security income benefits are payable under title 2 XVI." 3 (b) EFFECTIVE DATE.-(1) The amendments made by 4 subsection (a) apply (except as provided under paragraph (2)) 5 to payments under title XIX of the Social Security Act for 6 calendar quarters beginning on or after July 1, 1991, without 7 regard to whether or not final regulations to carry out such 8 amendments have been promulgated by such date. of 9 (2) In the case of a State plan for medical assistance 10 under title XIX of the Social Security Act which the Secre- 11 tary of Health and Human Services determines requires 12 State legislation (other than legislation authorizing or appro- 13 priating funds) in order for the plan to meet the additional 14 requirement imposed by the amendments made by subsection 15 (a), the State plan shall not be regarded as failing to comply 16 with the requirements of such title solely on the basis of its 17 failure to meet this additional requirement before the first day 18 of the first calendar quarter beginning after the close of the 19 first regular session of the State legislature that begins after 20 the date of the enactment of this Act. For purposes of the 21 previous sentence, in the case of a State that has a 2-year 22 legislative session, each year of such session shall be deemed 23 to be a separate regular session of the State legislature. 89 HR 3932 III 13 1 SEC. 207. MANDATORY CONTINUATION OF COVERAGE FOR 2 CHILDREN OTHERWISE QUALIFIED FOR BENE- 3 FITS UNTIL REDETERMINATION. 4 (a) IN GENERAL.-Section 1902(e) of the Social Securi- 5 ty Act (42 U.S.C. 1396a(e)) is amended by adding at the end 6 the following new paragraph: 7 "(11) With respect to an individual who has not attained 8 the age of 18, who is receiving medical assistance under this 9 title, and who is determined to be no longer eligible for such 10 assistance, the State may not discontinue such assistance 11 until the State has determined that the individual is not eligi- 12 ble for assistance under this title on any basis.". 13 (b) CONFORMING AMENDMENT TO QUALITY CON- 14 TROL.Section 1903(u)(1)(D) of such Act (42 U.S.C. 15 1396b(u)(1)(D)) is amended by adding at the end the follow- 16 ing new clause: 17 "(vi) In determining the amount of erroneous excess 18 payments for quarters beginning on or after July 1, 1991, 19 there shall not be included any erroneous payments which 20 are attributable to individuals described in section 21 1902(e)(11) who are determined to be no longer eligible for 22 assistance but whose assistance has not been discontinued 23 because a determination on other bases for such assistance 24 has not been made.". 25 (c) EFFECTIVE DATE.-The amendment made by sub- 26 section (a) shall become effective with respect to eligibility HR 3932 IH 14 1 determinations for medical assistance under title XIX of the 2 Social Security Act on or after July 1, 1991, without regard 3 to whether or not final regulations to carry out such amend- 4 ment have been promulgated by such date. 5 SEC. 208. OPTIONAL MEDICAID COVERAGE FOR FOSTER CHIL- 6 DREN. 7 (a) IN GENERAL.-Section 1902 of the Social Security 8 Act (42 U.S.C. 1396a) is amended- 9 (1) in subsection (a)(10)(A)(ii)- 10 (A) by striking "or" at the end of subclause 11 (X), 12 (B) by inserting "or" at the end of subclause 13 (XI), and 14 (C) by adding at the end the following new 15 subclause: 16 "(XII) who are described in sub- 17 section (s)(1);"; 18 (2) in subsection (a)(17), by striking "and (m)(4)" 19 and inserting "(m)(4), and (s)(1)"; and 20 (3) by adding at the end the following new sub- 21 section: 22 "(s)(1) Individuals described in this paragraph are indi- 23 viduals for whom a public agency assumes full or partial fi- 24 nancial responsibility- 25 "(A) who have not attained the age of 18, HR 3932 IH 15 1 "(B) who reside in a foster home, group home, or 2 private institution, and 3 "(C) whose incomes do not exceed 100 percent of 4 the income official poverty line (as defined by the 5 Office of Management and Budget and revised annually 6 in accordance with section 673(2) of the Omnibus 7 Budget Reconciliation Act of 1981) applicable to a 8 family of one. 9 "(2) Notwithstanding subsection (a)(17), for individuals 10 who are eligible for medical assistance because of subsection 11 (a)(10)(A)(ii)(XII)- 12 "(A) no resource standard or methodology shall be 13 applied, 14 "(B) the income standard to be applied is the 15 income standard described in paragraph (1)(C), and 16 "(C) income for these individuals shall be deter- 17 mined in accordance with a methodology which is no 18 more restrictive than the methodology employed under 19 the State plan under part E of title IV.". 20 (b) EFFECTIVE DATE.-The amendments made by this 21 section shall become effective with respect to payments under 22 title XIX of the Social Security Act for calendar quarters 23 beginning on or after July 1, 1991, without regard to wheth- 24 er or not final regulations to carry out such amendments have 25 been promulgated by such date. HR 3932 IH II 101ST CONGRESS 2D SESSION S.2032 To amend the Internal Revenue Code of 1986 to provide for a credit for health insurance expenses. IN THE SENATE OF THE UNITED STATES JANUARY 30 (legislative day, JANUARY 23), 1990 Mr. COHEN introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a credit for health insurance expenses. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. CREDIT FOR HEALTH INSURANCE EXPENSES. 4 (a) IN GENERAL.-Subpart C of part IV of subchapter 5 A of chapter 1 of the Internal Revenue Code of 1986 (relat- 6 ing to refundable personal credits) is amended by inserting 7 after section 34 the following new section: 8 "SEC. 34A. HEALTH INSURANCE EXPENSES. 9 "(a) ALLOWANCE OF CREDIT.- 2 1 "(1) IN GENERAL.-In the case of an eligible in- 2 dividual, there shall be allowed as a credit against the 3 tax imposed by this subtitle for the taxable year an 4 amount equal to the applicable percentage of the quali- 5 fied health insurance expenses paid by such individual 6 during the taxable year. 7 "(2) APPLICABLE PERCENTAGE.-For purposes 8 of paragraph (1), the term 'applicable percentage' 9 means 60 percent reduced (but not below zero) by 10 10 percentage points for each $1,000 (or fraction thereof) 11 by which the taxpayer's adjusted gross income for the 12 taxable year exceeds the applicable dollar amount. 13 "(3) APPLICABLE DOLLAR AMOUNT.-For pur- 14 poses of this subsection, the term 'applicable dollar 15 amount' means- 16 "(A) in the case of a taxpayer filing a joint 17 return, $28,000, 18 "(B) in the case of any other taxpayer (other 19 than a married individual filing a separate return), 20 $18,000, and 21 "(C) in the case of a married individual filing 22 a separate return, zero. 23 For purposes of this subsection, the rule of section 24 219(g)(4) shall apply. S 2032 IS 3 1 "(b) QUALIFIED HEALTH INSURANCE EXPENSES.- 2 For purposes of this section- 3 "(1) IN GENERAL.-The term 'qualified health in- 4 surance expenses' means amounts paid during the tax- 5 able year for insurance which constitutes medical care 6 (within the meaning of section 213(d)(1)(C)). For pur- 7 poses of the preceding sentence, the rules of section 8 213(d)(6) shall apply. 9 "(2) DOLLAR LIMIT ON QUALIFIED HEALTH IN- 10 SURANCE EXPENSES.-The amount of the qualified 11 health insurance expenses paid during any taxable year 12 which may be taken into account under subsection 13 (a)(1) shall not exceed $1,200 ($2,400 in the case of a 14 taxpayer filing a joint return). 15 "(3) ELECTION NOT TO TAKE CREDIT.-A tax- 16 payer may elect for any taxable year to have amounts 17 described in paragraph (1) not treated as qualified 18 health insurance expenses. 19 "(c) ELIGIBLE INDIVIDUAL.-For purposes of this sec- 20 tion, the term 'eligible individual' means, with respect to any 21 period, an individual who is not covered during such period 22 by a health plan maintained by an employer of such individ- 23 ual or such individual's spouse. 24 "(d) SPECIAL RULES.-For purposes of this section- S 2032 IS 4 1 "(1) COORDINATION WITH ADVANCE PAYMENT 2 AND MINIMUM TAX.-Rules similar to the rules of 3 subsections (g) and (h) of section 32 shall apply to any 4 credit to which this section applies. 5 "(2) MEDICARE-ELIGIBLE INDIVIDUALS.-No ex- 6 pense shall be treated as a qualified health insurance 7 expense if it is an amount paid for insurance for an in- 8 dividual for any period with respect to which such indi- 9 vidual is entitled (or, on application without the pay- 10 ment of an additional premium, would be entitled to) 11 benefits under part A of title XVIII of the Social 12 Security Act. 13 "(3) SUBSIDIZED EXPENSES.-No expense shall 14 be treated as a qualified health insurance expense to 15 the extent- 16 "(A) such expense is paid, reimbursed, or 17 subsidized (whether by being disregarded for pur- 18 poses of another program or otherwise) by the 19 Federal Government, a State or local govern- 20 ment, or any agency or instrumentality thereof, 21 and 22 "(B) the payment, reimbursement, or subsidy 23 of such expense is not includible in the gross 24 income of the recipient. S 2032 IS 5 1 "(e) REGULATIONS.-The Secretary shall prescribe 2 such regulations as may be necessary to carry out the pur- 3 poses of this section." 4 (b) ADVANCE PAYMENT OF CREDIT.- 5 (1) IN GENERAL.-Chapter 25 of the Internal 6 Revenue Code of 1986 is amended by inserting after 7 section 3507 the following new section: 8 "SEC. 3507A. ADVANCE PAYMENT OF HEALTH INSURANCE 9 EXPENSES CREDIT. 10 "(a) GENERAL RULE.-Except as otherwise provided 11 in this section, every employer making payment of wages 12 with respect to whom a health insurance expenses eligibility 13 certificate is in effect shall, at the time of paying such wages, 14 make an additional payment equal to such employee's de- 15 pendent care advance amount. 16 "(b) HEALTH INSURANCE EXPENSES ELIGIBILITY 17 CERTIFICATE.-For purposes of this title, a health insurance 18 expenses eligibility certificate is a statement furnished by an 19 employee to the employer which- 20 "(1) certifies that the employee will be eligible to 21 receive the credit provided by section 34A for the tax- 22 able year, 23 "(2) certifies that the employee does not have a 24 health insurance expenses eligibility certificate in effect S 2032 IS 6 1 for the calendar year with respect to the payment of 2 wages by another employer, 3 "(3) states whether or not the employee's spouse 4 has a health insurance expenses eligibility certificate in 5 effect, 6 "(4) estimates the amount of qualified health in- 7 surance expenses (as defined in section 34A(b)) for the 8 calendar year. 9 For purposes of this section, a certificate shall be treated as 10 being in effect with respect to a spouse if such a certificate 11 will be in effect on the first status determination date follow- 12 ing the date on which the employee furnishes the statement 13 in question. 14 "(c) HEALTH INSURANCE EXPENSES ADVANCE 15 AMOUNT.- 16 "(1) IN GENERAL.-For purposes of this title, the 17 term 'health insurance expenses advance amount' 18 means, with respect to any payroll period, the amount 19 determined— 20 "(A) on the basis of the employee's wages 21 from the employer for such period, 22 "(B) on the basis of the employee's estimated 23 qualified health insurance expenses included in the 24 health insurance expenses eligibility certificate, 25 and S 2032 IS 7 1 "(C) in accordance with tables provided by 2 the Secretary. 3 "(2) ADVANCE AMOUNT TABLES.-The tables re- 4 ferred to in paragraph (1)(D) shall be similar in form to 5 the tables prescribed under section 3402 and, to the 6 maximum extent feasible, shall be coordinated with 7 such tables and the tables prescribed under section 8 3507(c). 9 "(d) OTHER RULES.-For purposes of this section, 10 rules similar to the rules of subsections (d) and (e) of section 11 3507 shall apply. 12 "(e) REGULATIONS.-The Secretary shall prescribe 13 such regulations as may be necessary to carry out the pur- 14 poses of this section." 15 (2) CONFORMING AMENDMENT.-The table of 16 sections for chapter 25 of such Code is amended by 17 adding after the item relating to section 3507 the fol- 18 lowing new item: "Sec. 3507A. Advance payment of health insurance expenses credit." 19 (c) COORDINATION WITH DEDUCTIONS FOR HEALTH 20 INSURANCE EXPENSES.- 21 (1) SELF-EMPLOYED INDIVIDUALS.-Section 22 162(l) of the Internal Revenue Code of 1986 is amend- 23 ed by redesignating paragraph (6) as paragraph (7) and S 2032 IS 8 1 by inserting after paragraph (5) the following new 2 paragraph: 3 "(6) COORDINATION WITH HEALTH INSURANCE 4 PREMIUM CREDIT.-Paragraph (1) shall not apply to 5 any amount taken into account in computing the 6 amount of the credit allowed under section 34A." 7 (2) MEDICAL, DENTAL, ETC., EXPENSES.-Sub- 8 section (e) of section 213 of such Code is amended by 9 inserting "or section 34A" after "section 21". 10 (d) CLERICAL AMENDMENT.-The table of sections for 11 subpart A of part IV of subchapter A of chapter 1 of the 12 Internal Revenue Code of 1986 is amended by inserting after 13 the item relating to section 34 the following new item: "Sec. 34A. Health insurance expenses." 14 (e) EFFECTIVE DATE.-The amendments made by this 15 section shall apply to taxable years beginning after Decem- 16 ber 31, 1990. O S 2032 IS II 101ST CONGRESS 2D SESSION S. 2050 To amend title ХѴШ of the Social Security Act to provide toll-free hotlines for individuals receiving benefits under such title and to provide increased pro- tection against fraud and abuse with respect to the marketing and selling of medicare supplemental policies to such individuals, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 1 (legislative day, JANUARY 23), 1990 Mr. KOHL introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title ХѴШ of the Social Security Act to provide toll- free hotlines for individuals receiving benefits under such title and to provide increased protection against fraud and abuse with respect to the marketing and selling of medicare supplemental policies to such individuals, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Medigap Fraud and 5 Abuse Prevention Act of 1990". 2 1 SEC. 2. MEDIGAP FRAUD AND ABUSE PROTECTIONS IN- 2 CREASED. 3 (a) CIVIL PENALTIES INCREASED.-Section 1882(d) of 4 the Social Security Act (42 U.S.C. 1395ss(d)) is amended by 5 striking "$5,000" each place it appears and inserting 6 "$25,000". 7 (b) PROTECTION AGAINST DUPLICATION OF POLICY 8 INCREASED.-Section 1882(d)(3)(A) of such Act (42 U.S.C. 9 1395ss(d)(3)(A)) is amended by striking "policy substantially 10 duplicates" and inserting "policy duplicates". 11 (c) MINIMUM BENEFIT TO PREMIUM RATIO IN- 12 CREASED.-Section 1882(c)(2) of such Act (42 U.S.C. 13 1395ss(c)(2)) is amended by striking "60" and inserting 14 "70". 15 (d) ENFORCEMENT OF BENEFIT TO PREMIUM RATIO 16 STRENGTHENED.-Section 1882(b)(1) of such Act (42 17 U.S.C. 1395ss(b)(1)) is amended- 18 (1) by striking "and" at the end of subparagraph 19 (D); and 20 (2) by adding "and" at the end of subparagraph 21 (E); and 22 (3) by adding at the end thereof the following new 23 subparagraph: 24 "(F) provides for strict enforcement of the 25 percentage requirements described in subsection S 2050 IS 3 1 (c)(2) in place with respect to the actual ratio of 2 benefits provided to premiums collected,". 3 (e) IMPLEMENTATION OF PROCESS TO APPROVE PRE- 4 MIUM INCREASES.-Section 1882(b)(1) of such Act (42 5 U.S.C. 1395ss(b)(1)) as amended by subsection (d) of this 6 Act, is further amended- 7 (1) by striking "and" at the end of subparagraph 8 (E); 9 (2) by adding "and" at the end of subparagraph 10 (F); and 11 (3) by adding at the end thereof the following new 12 subparagraph: 13 "(G) provides for a process for approving or 14 disapproving proposed premium increases with re- 15 spect to such policies," 16 SEC. 3. ESTABLISHMENT OF MEDIGAP TOLL-FREE HOTLINES. 17 (a) IN GENERAL.- 18 (1) GRANTS.-The Secretary of Health and 19 Human Services (hereinafter referred to as the "Secre- 20 tary") shall provide grants to States submitting appli- 21 cations to the Secretary which meet the requirements 22 of this section for the purpose of establishing within 23 such States a toll-free telephone hotline to provide in- 24 dividuals with information concerning medicare supple- 25 mental insurance. S 2050 IS 4 1 (2) AMOUNT OF GRANT.-The amount of a grant 2 awarded to a State under this section shall be deter- 3 mined by the Secretary in the same manner as used by 4 the Commissioner on Aging for determining the 5 amount of allotments under section 304(a) of the Older 6 Americans Act of 1965 (42 U.S.C. 3035 et seq.). 7 (3) MATCHING REQUIREMENTS.-A State receiv- 8 ing a grant under this section shall provide State funds 9 for use in establishing a toll-free hotline in an amount 10 that is equal to the amount of the grant made under 11 this subsection to such State. 12 (b) TYPE OF INFORMATION.-Information to be 13 provided through the use of the toll-free hotlines established 14 under subsection (a) shall include- 15 (1) policy comparison information for all medicare 16 supplemental policies (as described in section 17 1882(g)(1) of the Social Security Act (42 U.S.C. 18 1395ss(g)(1))) and long-term care policies available to 19 individuals within the State; 20 (2) information that will assist individuals in filing 21 claims and obtaining benefits under titles ХѴШ and 22 XIX of the Social Security Act (42 U.S.C. 1395 et 23 seq. and 1396 et seq.); S 2050 IS 5 1 (3) information that will assist individuals in filing 2 claims or obtaining benefits under a medicare supple- 3 mental policy; 4 (4) information concerning medicare supplemental 5 policy problem resolution, or appropriate referral of 6 such problems or complaints to the State insurance 7 commissioner or the State attorney general; 8 (5) information concerning the resources, informa- 9 tion, and procedures that are available within the State 10 to assist individuals with questions or complaints con- 11 cerning health insurance; and 12 (6) any other information determined appropriate 13 by the Secretary. 14 (c) TRAINING.- 15 (1) INDIVIDUALS ANSWERING HOTLINE.-The 16 Secretary shall promulgate regulations to insure that 17 individuals providing assistance through the use of the 18 toll-free hotlines established under subsection (a) are 19 adequately qualified to provide such assistance. 20 (2) VOLUNTEER ORGANIZATIONS.-States that 21 receive a grant under this title shall provide training, 22 educational materials, and technical assistance to vol- 23 unteer organizations that are willing and able to pro- 24 vide medicare supplemental policies and medical assist- S 2050 IS 6 1 ance eligibility information and counseling to consum- 2 ers. 3 (3) COUNTY BENEFIT SPECIALISTS.-States that 4 receive a grant under this title shall conduct seminars 5 to provide training to county benefit specialists in local 6 welfare area agencies on aging concerning the toll-free 7 hotlines established under subsection (a) and the loca- 8 tion and functions of State aging agencies and offices. 9 (d) EDUCATIONAL BROCHURE.-Not later than 180 10 days after the date of enactment of this section, each State 11 that receives a grant under this title shall, through the State 12 commissioner of insurance, develop and disseminate a medi- 13 care supplemental policy educational brochure that shall 14 summerize the information described in subsection (b)(1). 15 Such brochure shall be distributed with each medicare sup- 16 plemental policy inquiry or application made to an insurance 17 carrier within the State. The State toll-free number described 18 in subsection (a) shall be clearly printed on the front page of 19 the brochure. 20 (e) AUTHORIZATION OF APPROPRIATIONS.-There are 21 authorized to be appropriated from the Federal Supplementa- 22 ry Medical Insurance Trust Fund to carry out this section, 23 $5,000,000 for each of the fiscal years 1991 through 1993. S 2050 IS 7 1 SEC. 4. GAO STUDY AND REPORT ON STATE ENFORCEMENT 2 OF FEDERAL MEDIGAP REQUIREMENTS AND 3 PENALTIES. 4 (a) STUDY.-The General Accounting Office shall con- 5 duct a study on State efforts in enforcing the standards and 6 requirements set forth in section 1882(c) of the Social Securi- 7 ty Act with respect to the issuance and marketing of medi- 8 care supplemental policies within each State. The study shall 9 further evaluate efforts with regard to imposing civil or crimi- 10 nal penalties under section 1882(d) of the Social Security Act 11 with respect to persons found guilty of violating any of the 12 provisions described in such section. Such study shall further 13 evaluate the ratio of benefits to premiums collected with re- 14 spect to the supplemental policies described in section 1882, 15 and the effectiveness of State enforcement of such ratios. 16 (b) REPORT.-The General Accounting Office shall no 17 later than July 1, 1990, submit a report to Congress summa- 18 rizing the findings of the study described in subsection (a), 19 including legislative recommendations on strengthening and 20 improving the enforcement of the fraud and abuse provisions 21 provided for in section 1882 of the Social Security Act and 22 recommendations on improving enforcement of benefit to pre- 23 mium ratio requirements. S 2050 IS I 101ST CONGRESS 2D SESSION H.R.3931 To amend title XIX of the Social Security Act to reduce infant mortality through improvement of coverage of services to pregnant women and infants under the medicaid program. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 1990 Mrs. COLLINS (for herself, Mr. HYDE, Mr. WAXMAN, Mr. MILLER of California, Mr. SCHEUER, Mr. WALGREN, Mr. WYDEN, Mr. SIKORSKI, Mr. BATES, Mr. BRUCE, Mr. TOWNS, Mr. MARKEY, Mr. BOUCHER, Mr. DURBIN, Mr. BERMAN, Mr. McDERMOTT, Mr. WILLIAMS, Mr. DE LUGO, Mr. CROCKETT, Mr. ACKERMAN, Mr. HAWKINS, Mr. FRANK, Mr. RANGEL, Mr. FAUNTROY, Ms. SCHNEIDER, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr. WHEAT, Mr. JOHNSTON of Florida, and Mr. FOGLIETTA) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to reduce infant mortality through improvement of coverage of services to pregnant women and infants under the medicaid program. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 TITLE I-SHORT TITLE 4 SECTION 101. SHORT TITLE. 5 This Act may be cited as the "Medicaid Infant Mortality 6 Amendments of 1990". 2 1 TITLE II-INFANT MORTALITY 2 PROVISIONS 3 SEC. 201. PHASED-IN COVERAGE OF PREGNANT WOMEN AND 4 INFANTS UP TO 185 PERCENT OF POVERTY 5 LEVEL. 6 (a) IN GENERAL.-Section 1902(1)(2)(A) of the Social 7 Security Act (42 U.S.C. 1396a(l)(2)(A)), as amended by sec- 8 tion 6401(a) of the Omnibus Budget Reconciliation Act of 9 1989, is amended- 10 (1) in clause (ii)- 11 (A) in subclause (I), by striking "and" at the 12 end of subclause (I), 13 (B) by striking the period at the end of sub- 14 clause (II) and inserting a comma, and 15 (C) by adding at the end the following new 16 subclauses: 17 "(III) July 1, 1991, 150 percent, or, if greater, 18 the percentage provided under clause (v), and 19 "(IV) July 1, 1993, 185 percent."; and 20 (2) by adding at the end the following new clause: 21 "(v) In the case of a State which, as of the date of the 22 enactment of this clause, has established under clause (i), or 23 has enacted legislation authorizing, or appropriating funds, to 24 provide for, a percentage (of the income official poverty line) 25 that is greater than 150 percent, the percentage provided HR 3931 IH 3 1 under clause (ii) for medical assistance on or after July 1, 2 1991, shall not be less than- 3 "(I) the percentage specified by the State in an 4 amendment to its State plan (whether approved or not) 5 as of the date of the enactment of this clause, or 6 "(II) if no such percentage is specified as of the 7 date of the enactment of this clause, the percentage es- 8 tablished under the State's authorizing legislation or 9 provided for under the State's appropriations.". 10 (b) FLEXIBILITY IN INCOME METHODOLOGY AND DE- 11 DUCTION OF CHILD CARE IN COMPUTATION OF INCOME.- 12 Section 1902(1)(3)(E) of such Act (42 U.S.C. 1396a(1)(3)(E)) 13 is amended by striking "(E)" and inserting the following: 14 "(E)(i) with respect to an individual described in 15 subparagraph (A) or (B) of paragraph (1), family 16 income shall be determined in accordance with a meth- 17 odology which is no more restrictive than the method- 18 ology employed under the State plan under part A or 19 E of title IV (except to the extent such methodology is 20 inconsistent with clause (D) of subsection (a)(17) and 21 except that there shall be disregarded costs for such 22 child care as is necessary for the employment of the 23 pregnant woman or the caretaker of the infant), and 24 costs incurred for medical care or for any other type of 25 remedial care shall not be taken into account, and HR 3931 IH 4 1 "(ii) with respect to an individual described in 2 paragraph (1)(C) or (1)(D),". 3 (c) PROHIBITING APPLICATION OF RESOURCE 4 TEST.-Section 1902(I)(3) of such Act (42 U.S.C. 5 1396a(l)(3)) is amended- 6 (1) by amending subparagraph (A) to read as 7 follows: 8 "(A)(i) no resource standard or methodology shall 9 be applied to individuals who are eligible for medical 10 assistance because of subsection (a)(10)(A)(i)(IV), and 11 (ii) application of a resource standard or methodology 12 for individuals who are eligible for medical assist- 13 ance because of subsection (a)(10)(A)(i)(VT) or 14 (a)(10)(A)(ii)(IX) shall be at the option of the State, but 15 any such resource standard or methodology may not be 16 more restrictive than the corresponding standard or 17 methodology that is applied under the State plan under 18 part A of title IV;", 19 (2) by striking subparagraphs (B) and (C), and 20 (3) by redesignating subparagraphs (D) and (E) as 21 subparagraphs (B) and (C), respectively. 22 (d) REPORT AND TRANSITION ON ERRORS IN ELIGI- 23 BILITY DETERMINATIONS.- 24 (1) REPORT.-The Secretary of Health and 25 Human Services shall report to Congress, by not later HR 3931 IH 5 1 than July 1, 1991, on error rates by States in deter- 2 mining eligibility of individuals described in subpara- 3 graph (A) or (B) of section 1902(I)(1) of the Social Se- 4 curity Act for medical assistance under plans approved 5 under title XIX of such Act. Such report may include 6 data for medical assistance provided before July 1, 7 1989. 8 (2) ERROR RATE TRANSITION.-There shall not 9 be taken into account, for purposes of section 1903(u) 10 of the Social Security Act, payments and expenditures 11 for medical assistance which- 12 (A) are attributable to medical assistance for 13 individuals described in subparagraph (A) or (B) of 14 section 1902(I)(1) of such Act, and 15 (B) are made on or after July 1, 1989, and 16 before the first calendar quarter that begins more 17 than 12 months after the date of submission of the 18 report under paragraph (1). 19 (e) EFFECTIVE DATES.- 20 (1) HIGHER INCOME STANDARDS.-Except as 21 provided in paragraph (3), the amendments made by 22 subsection (a) shall apply to payments under title XIX 23 of the Social Security Act for calendar quarters begin- 24 ning on or after July 1, 1991, with respect to eligibil- 25 ity for medical assistance on or after such date, with- HR 3931 IH 6 1 out regard to whether or not final regulations to carry 2 out such amendments have been promulgated by such 3 date. 4 (2) INCOME METHODOLOGY AND RESOURCE 5 STANDARD.-Except as provided in paragraph (3), the 6 amendments made by subsections (b) and (c) shall 7 apply to payments under title XIX of the Social Secu- 8 rity Act for calendar quarters beginning on or after 9 July 1, 1991, with respect to eligibility for medical as- 10 sistance on or after such date, without regard to 11 whether or not final regulations to carry out such 12 amendments have been promulgated by such date. 13 (3) EXCEPTION FOR CERTAIN STATES.-(A) In 14 the case of a State plan for medical assistance under 15 title XIX of the Social Security Act which the Secre- 16 tary of Health and Human Services determines re- 17 quires State legislation (other than legislation authoriz- 18 ing or appropriating funds) in order for the plan to 19 meet the additional requirements imposed by the 20 amendments made by this section, the State plan shall 21 not be regarded as failing to comply with the require- 22 ments of such title solely on the basis of its failure to 23 meet these additional requirements before the first day 24 of the first calendar quarter beginning after the close of 25 the first regular session of the State legislature that HR 3931 IH 7 1 begins after the date of the enactment of this Act. For 2 purposes of the previous sentence, in the case of a 3 State that has a 2-year legislative session, each year of 4 such session shall be deemed to be a separate regular 5 session of the State legislature. 6 (B) In the case of the State of Texas, the State 7 plan shall not be regarded as failing to comply with the 8 requirements of title XIX of the Social Security Act 9 solely on the basis of its failure to meet the additional 10 requirements imposed by the amendments made by this 11 section before September 1, 1991. 12 SEC. 202. PRESUMPTIVE ELIGIBILITY. 13 (a) EXTENSION OF PRESUMPTIVE ELIGIBILITY 14 PERIOD.-Section 1920 of the Social Security Act (42 15 U.S.C. 1396r-1) is amended- 16 (1) in subsection (b)(1)(B)- 17 (A) by adding "or" at the end of clause (i), 18 (B) by striking clause (ii), and 19 (C) by amending clause (iii) to read as 20 follows: 21 "(ii) in the case of a woman who does 22 not file an application by the last day of the 23 month following the month during which the 24 provider makes the determination referred to HR 3931 IH 8 1 in subparagraph (A), such last day; and"; 2 and 3 (2) in subsections (c)(2)(B) and (c)(3), by striking 4 "within 14 calendar days after the date on which" and 5 inserting "by not later than the last day of the month 6 following the month during which". 7 (b) FLEXIBILITY IN APPLICATION.-Section 1920(c)(3) 8 of such Act (42 U.S.C. 1396r-1(c)(3)) is amended by insert- 9 ing before the period at the end the following: ", which appli- 10 cation may be the application used for the receipt of medical 11 assistance by individuals described in section 1902(1)(1)(A)". 12 (c) EFFECTIVE DATES.- 13 (1) The amendments made by subsection (a) apply 14 to payments under title XIX of the Social Security Act 15 for calendar quarters beginning on or after July 1, 16 1991, without regard to whether or not final regula- 17 tions to carry out such amendments have been promul- 18 gated by such date. 19 (2) The amendment made by subsection (b) shall 20 be effective as if included in the enactment of section 21 9407(b) of the Omnibus Budget Reconciliation Act of 22 1986. HR 3931 IH 9 1 SEC. 203. OPTIONAL COVERAGE OF PRENATAL AND POSTPAR- 2 TUM HOME VISITATION SERVICES. 3 (a) IN GENERAL.-Section 1905(a) of the Social Securi- 4 ty Act (42 U.S.C. 1396d(a)), as amended by section 6405(a) 5 of the Omnibus Budget Reconciliation Act of 1989, is 6 amended- 7 (1) by striking "and" at the end of paragraph 8 (21), 9 (2) by redesignating paragraph (22) as paragraph 10 (23), and 11 (3) by inserting after paragraph (20) the following 12 new paragraph: 13 "(22) prenatal home visitation services for high- 14 risk pregnant women, postpartum home visitation serv- 15 ices with respect to high-risk infants under 1 year of 16 age, or both (as specified by the State), as prescribed 17 by a physician; and". 18 (b) CONFORMING AMENDMENTS.-Section 1902 of 19 such Act (42 U.S.C. 1396a) is amended- 20 (1) in subsection (a)(10)(C)(iv), by striking "(20)" 21 and inserting "(22)", and 22 (2) in subsection (j), by striking "(21)" and insert- 23 ing "(23)". 24 (c) EFFECTIVE DATE.-The amendments made by this 25 section shall apply to services furnished on or after July 1, 26 1991, without regard to whether or not final regulations to HR 3931 IH 10 1 carry out such amendments have been promulgated by such 2 date. 3 SEC. 204. ROLE IN PATERNITY DETERMINATIONS. 4 (a) IN GENERAL.-Section 1912(a)(1)(B) of the Social 5 Security Act (42 U.S.C. 1396k(a)(1)(B)) is amended by in- 6 serting "the individual is described in section 1902(l)(1)(A) 7 or" after "unless (in either case)". 8 (b) EFFECTIVE DATE.-The amendment made by sub- 9 section (a) shall take effect on the date of the enactment of 10 this Act. HR 3931 IH I 101ST CONGRESS 2D SESSION H.R.3933 To amend title XIX of the Social Security Act to provide States the option of providing quality community care to the elderly under their medicaid programs. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 1990 Mr. WYDEN (for himself, Mr. WAXMAN, Mr. ROYBAL, Mr. RINALDO, Mr. SCHEUER, Mr. WALGREN, Mr. SIKORSKI, Mr. BATES, Mr. BRUCE, Mrs. COLLINS, Mr. TOWNS, Mr. MARKEY, Mr. ECKART, Mr. RICHARDSON, Mr. BOUCHER, Mr. SCHUMER, Mrs. BOXER, Mr. DURBIN, Mr. ESPY, Mr. DWYER of New Jersey, Mr. BERMAN, Ms. KAPTUR, Mr. FAUNTROY, Mr. LEVINE of California, Mr. MCDERMOTT, Mr. KOSTMAYER, Mr. MRAZEK, Ms. PELOSI, Mr. FOGLIETTA, Mr. MORRISON of Connecticut, Mr. HARRIS, Mr. LEVIN of Michigan, Mr. HUGHES, Mr. HERTEL, Mrs. SAIKI, Mr. RANGEL, Mr. EDWARDS of California, Mr. FORD of Tennessee, Mr. FAZIO, Mr. BROWN of California, Mr. PALLONE, Mr. ROWLAND of Connecticut, Mr. OWENS of New York, Mr. PAYNE of New Jersey, Mr. CLEMENT, Mr. MOL- LOHAN, Mr. ENGEL, Mr. MATSUI, Mr. STAGGERS, Mr. WOLPE, Mr. GEJD- ENSON, Mr. DE LUGO, Mr. CROCKETT, Mr. ACKERMAN, Mr. HAWKINS, Mr. HYDE, Mr. FRANK, Mr. MILLER of California, Ms. SCHNEIDER, Mr. WHEAT, Mr. JOHNSTON of Florida, Mr. WILLIAMS, and Mr. WALSH) intro- duced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide States the option of providing quality community care to the elderly under their medicaid programs. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 2 1 TITLE I-SHORT TITLE 2 SECTION 101. SHORT TITLE. 3 This Act may be cited as the "Medicaid Frail Elderly 4 Community Care Amendments of 1990". 5 TITLE II-FRAIL ELDERLY COM- 6 MUNITY CARE AMENDMENTS 7 SEC. 201. COMMUNITY CARE AS OPTIONAL, STATEWIDE 8 SERVICE. 9 (a) PROVISION AS OPTIONAL, STATEWIDE SERVICE.- 10 Section 1905(a) of the Social Security Act (42 U.S.C. 11 1396d(a)), as amended by section 6405(a) of the Omnibus 12 Budget Reconciliation Act of 1989, is amended- 13 (1) by striking "and" at the end of paragraph 14 (21), 15 (2) by redesignating paragraph (22) as paragraph 16 (23), and 17 (3) by inserting after paragraph (21) the following 18 new paragraph: 19 "(22) community care (as defined in section 20 1927(a)) for functionally disabled elderly individuals; 21 and". 22 (b) COMMUNITY CARE FOR FUNCTIONALLY DISABLED 23 ELDERLY INDIVIDUALS.-Title XIX of such Act, as amend- 24 ed by section 6402(b) of the Omnibus Budget Reconciliation 25 Act of 1989, is amended- HR 3933 IH 3 1 (1) by redesignating section 1927 as section 1928, 2 and 3 (2) by inserting after section 1926 the following 4 new section: 5 "COMMUNITY CARE FOR FUNCTIONALLY DISABLED 6 ELDERLY INDIVIDUALS 7 "SEC. 1927. (a) COMMUNITY CARE DEFINED.-In this 8 title, the term 'community care' means one or more of the 9 following services furnished to an individual who has been 10 determined, after an assessment under subsection (c), to be a 11 functionally disabled elderly individual, and in accordance 12 with an individual community care plan (established and peri- 13 odically reviewed and revised by a qualified community care 14 case manager under subsection (d)): 15 "(1) Homemaker/home health aide services. 16 "(2) Chore services. 17 "(3) Personal care services. 18 "(4) Nursing care services (other than continuous 19 24-hour nursing care services) provided by, or under 20 the supervision of, a registered nurse. 21 "(5) Respite care. 22 "(6) Training for family members in managing the 23 individual. 24 (7) Adult day health services. 25 "(8) In the case of an individual with chronic 26 mental illness, day treatment or other partial hospitali- HR 3933 IH 4 1 zation, psychosocial rehabilitation services, and clinic 2 services (whether or not furnished in a facility). 3 "(9) Such other home and community-based serv- 4 ices (other than room and board) as the Secretary may 5 approve. 6 With respect to services described in paragraphs (1) through 7 (4), the services must be provided in a place of residence used 8 as the individual's home. 9 "(b) FUNCTIONALLY DISABLED ELDERLY INDIVIDUAL 10 DEFINED.- 11 "(1) IN GENERAL.-In this title, the term 'func- 12 tionally disabled elderly individual' means an individual 13 who- 14 "(A) is 65 years of age or older; 15 "(B) is determined to be a functionally dis- 16 abled individual under subsection (c); and 17 "(C)(i) subject to section 1902(f) (as applied 18 consistent with section 1902(r)(2)), is described in 19 section 1902(a)(10)(A)(i), or 20 "(ii) at the option of the State, is described 21 in section 1902(a)(10)(C). 22 "(2) TREATMENT OF CERTAIN INDIVIDUALS COV- 23 ERED UNDER CERTAIN WAIVERS.- 24 "(A) HOME AND COMMUNITY-BASED WAIV- 25 ERS.-In the case of a State which- HR 3933 IH 5 1 "(i) at the time of its election to provide 2 coverage for community care under this sec- 3 tion has a waiver approved under section 4 1915(c) or 1915(d) with respect to individ- 5 uals 65 years of age or older, and 6 "(ii) subsequently discontinues such 7 waiver, 8 an individual who was eligible for benefits under 9 the waiver as of the date of its discontinuance and 10 who would, but for income or resources, be eligi- 11 ble for medical assistance for community care 12 under the plan shall, notwithstanding any other 13 provision of this title, be deemed a functionally 14 disabled elderly individual for SO long as the indi- 15 vidual would have remained eligible for medical 16 assistance under such waiver. 17 "(B) OTHER WAIVERS.-In the case of a 18 State which, as of December 31, 1989, had in 19 effect a waiver under section 1115 that provides 20 under the State plan under this title for personal 21 care services for functionally disabled individuals, 22 the term 'functionally disabled elderly individual' 23 may include, at the option of the State, an indi- 24 vidual who- HR 3933 IH 6 1 "(i) is 65 years of age or older or is dis- 2 abled (as determined under the supplemental 3 security income program under title XVI); 4 "(ii) is determined to meet the test of 5 functional disability applied under the waiver 6 as of such date; and 7 "(iii) meets the resource requirement 8 and income standard that apply in the State 9 to individuals described in section 10 1902(a)(10)(A)(i)(V). 11 "(3) USE OF PROJECTED INCOME.-In applying 12 section 1903(f)(1) in determining the eligibility of an in- 13 dividual (described in section 1902(a)(10)(C)) for medi- 14 cal assistance for community care, a State may, at its 15 option, provide for the determination of the individual's 16 anticipated medical expenses (to be deducted from 17 income) over a period of up to 6 months. 18 "(c) DETERMINATIONS OF FUNCTIONAL DISABIL- 19 ITY.- 20 "(1) IN GENERAL.-In this section, an individual 21 is 'functionally disabled' if the individual- 22 "(A) is unable to perform without substantial 23 assistance from another individual at least 2 of 24 the following 3 activities of daily living: toileting, 25 transferring, and eating; or HR 3933 IH 7 1 "(B) has a primary or secondary diagnosis of 2 Alzheimer's disease and is (i) unable to perform 3 without substantial human assistance (including 4 verbal reminding or physical cueing) or supervi- 5 sion at least 2 of the following 5 activities of daily 6 living: bathing, dressing, toileting, transferring, 7 and eating, or (ii) cognitively impaired SO as to re- 8 quire substantial supervision from another individ- 9 ual because the individual engages in inappropri- 10 ate behaviors that pose serious health or safety 11 hazards to himself or herself or others. 12 "(2) ASSESSMENTS OF FUNCTIONAL DISABIL- 13 ITY.- 14 "(A) REQUESTS FOR ASSESSMENTS.-If a 15 State has elected to provide community care 16 under this section, upon the request of an individ- 17 ual who is 65 years of age or older and who 18 meets the requirements of subsection (b)(1)(C) (or 19 another person on such individual's behalf), the 20 State shall provide for a comprehensive functional 21 assessment under this subparagraph which- 22 "(i) is used to determine whether or not 23 the individual is functionally disabled, HR 3933 IH 8 1 "(ii) is based on a uniform minimum 2 data set specified by the Secretary under 3 subparagraph (C)(i), and 4 "(iii) uses an instrument which has been 5 specified by the State under subparagraph 6 (B). 7 No fee may be charged for such an assessment. 8 "(B) SPECIFICATION OF ASSESSMENT IN- 9 STRUMENT.-The State shall specify the instru- 10 ment to be used in the State in complying with 11 the requirement of subparagraph (A)(iii). Such in- 12 strument shall be- 13 "(i) one of the instruments identified 14 under subparagraph (C)(ii), or 15 "(ii) an instrument which the Secretary 16 has approved as being consistent with the 17 minimum data set of core elements, common 18 definitions, and utilization guidelines specified 19 by the Secretary in subparagraph (C)(i). 20 "(C) SPECIFICATION OF ASSESSMENT DATA 21 SET AND INSTRUMENTS.-The Secretary shall- 22 "(i) not later than July 1, 1991- 23 "(I) specify a minimum data set of 24 core elements and common definitions HR 3933 IH 9 1 for use in conducting the assessments 2 required under subparagraph (A), and 3 "(II) establish guidelines for use of 4 the data set; and 5 "(ii) by not later than July 1, 1991, 6 identify one or more instruments which are 7 consistent with the specification made under 8 subparagraph (A) and which a State may 9 specify under subparagraph (B) for use in 10 complying with the requirements of subpara- 11 graph (A). 12 "(D) PERIODIC REVIEW.-Each individual 13 who qualifies as a functionally disabled elderly in- 14 dividual shall have the individual's assessment pe- 15 riodically reviewed and revised not less often than 16 once every 12 months. 17 "(E) CONDUCT OF ASSESSMENT BY INTER- 18 DISCIPLINARY TEAMS.- 19 "(i) IN GENERAL.-An assessment 20 under subparagraph (A) and a review under 21 subparagraph (D) must be conducted by an 22 interdisciplinary team designated by the 23 State. 24 "(ii) DELEGATION.-The Secretary 25 shall permit a State to provide for assess- HR 3933 IH-2 10 1 ments and reviews through teams under con- 2 tracts— 3 "(I) with State or local agencies, 4 or 5 "(II) with nonprofit or public orga- 6 nizations which do not provide commu- 7 nity care or nursing facility services and 8 do not have a direct or indirect owner- 9 ship or control interest in, or direct or 10 indirect affiliation or relationship with, 11 an entity that provides, community care 12 or nursing facility services. 13 "(F) CONTENTS OF ASSESSMENT.-The 14 interdisciplinary team must- 15 "(i) identify in each such assessment or 16 review each client's functional disabilities 17 and need for community care (based on 18 social, cognitive, and other relevant factors), 19 and 20 "(ii) based on such assessment or 21 review, determine whether the individual is 22 (or continues to be) functionally disabled. 23 The results of such an assessment or review shall 24 be used in establishing, reviewing, and revising 25 the individual's ICCP under subsection (d)(1). HR 3933 IH 11 1 "(G) APPEAL PROCEDURES.-Each State 2 which elects to provide community care under this 3 section must have in effect an appeals process for 4 individuals adversely affected by determinations 5 under subparagraph (F). 6 "(d) INDIVIDUAL COMMUNITY CARE PLAN (ICCP).- 7 "(1) INDIVIDUAL COMMUNITY CARE PLAN DE- 8 FINED.-In this section, the terms 'individual commu- 9 nity care plan' and 'ICCP' mean, with respect to a 10 functionally disabled elderly individual, a written plan 11 which- 12 "(A)(i) is established by a qualified communi- 13 ty care case manager in face-to-face consultation 14 with (and with notice to) the individual and based 15 upon a visit to the individual in the individual's 16 residence and the most recent comprehensive 17 functional assessment of such individual conducted 18 under subsection (c)(2); 19 "(ii) is periodically reviewed and (as appro- 20 priate) revised by such a manager in face-to-face 21 consultation with (and with notice to) the individ- 22 ual and based upon a visit to the individual in the 23 individual's residence and the most recent compre- 24 hensive functional assessment of such individual 25 conducted under subsection (c)(2); HR 3933 IH 12 1 "(B) reflects, consistent with subparagraph 2 (C), the needs and preferences of the individual 3 and, to the extent feasible, allows for and pro- 4 motes the direction and oversight of community 5 care by the individual; 6 "(C) specifies, within any amount, duration, 7 and scope limitations imposed on community care 8 provided under the State plan, the community 9 care to be provided to such individual under the 10 plan; 11 "(D) does not include community care for 12 which payment is made by the individual or on 13 the individual's behalf; and 14 "(E) may specify services (other than those 15 to be provided to the individual under the plan) 16 required by such individual. 17 Nothing in this section shall be construed as authoriz- 18 ing an ICCP or the State to restrict the specific per- 19 sons or individuals (who are competent to provide com- 20 munity care under the State plan) who will provide the 21 community care described in subparagraph (C). 22 "(2) QUALIFIED COMMUNITY CARE CASE MAN- 23 AGER DEFINED.-In this section, the term 'qualified 24 community care case manager' means a nonprofit or 25 public agency or organization which- HR 3933 IH 13 1 "(A) has experience in establishing, and in 2 periodically reviewing and revising, assessments 3 or individual community care plans and in the 4 provision of case management services to the el- 5 derly; 6 "(B) is responsible (i) for assuring that com- 7 munity care covered under the State plan and 8 specified in the ICCP is being provided and (ii) for 9 visiting each individual receiving such care at the 10 individual's residence not less often than once 11 every 90 days; 12 "(C) in the case of a non-public organization, 13 does not provide community care or nursing facili- 14 ty services and does not have a direct or indirect 15 ownership or control interest in, or direct or indi- 16 rect affiliation or relationship with, an entity that 17 provides, community care or nursing facility 18 services; 19 "(D) has procedures for assuring the quality 20 of case management services it provides; and 21 "(E) meets such other standards, established 22 by the Secretary, as assure that- 23 "(i) such a manager is competent to 24 perform case management functions, HR 3933 IH 14 1 "(ii) individuals whose community care 2 they manage are not at risk of financial ex- 3 ploitation due to such a manager, and 4 "(iii) meets such other standards as the 5 State may establish. 6 "(3) APPEAL PROCEDURES.-Each State which 7 elects to provide community care under this section 8 must have in effect an appeals process for individuals 9 who disagree with the ICCP established under this 10 subsection. 11 "(e) CEILING ON PAYMENT AMOUNTS AND MAINTE- 12 NANCE OF EFFORT.- 13 "(1) CEILING ON PAYMENT AMOUNTS.-Pay- 14 ments may not be made under section 1903(a) to a 15 State for community care provided under this section 16 in a quarter to the extent that the medical assistance 17 for such care in the quarter exceeds 30 percent of the 18 product of- 19 "(A) the average number of individuals in 20 the quarter receiving such care under this section, 21 "(B) the average per diem rate of payment 22 which the Secretary has determined (before the 23 beginning of the quarter) will be payable under 24 title XVIII (without regard to coinsurance) for HR 3933 IH 15 1 extended care services to be provided in the State 2 during such quarter, and 3 "(C) the number of days in such quarter. 4 "(2) MAINTENANCE OF EFFORT.- 5 "(A) ANNUAL REPORTS.-As a condition for 6 the receipt of payment under section 1903(a) with 7 respect to medical assistance provided by a State 8 for community care (other than under a waiver 9 under section 1915(c) and other than home health 10 care services described in section 1905(a)(7) and 11 personal care services (specified under regulations 12 under section 1905(a)(23)) to functionally disabled 13 elderly individuals, the State shall report to the 14 Secretary, with respect to each Federal fiscal 15 year (beginning with fiscal year 1990) and in a 16 format developed or approved by the Secretary, 17 the amount of non-Federal funds obligated by the 18 State (including funds obligated by localities in the 19 State) with respect to the provision of community 20 care (other than under such a waiver or such 21 services) to functionally disabled elderly individ- 22 uals in that fiscal year. 23 "(B) REDUCTION IN PAYMENT IF FAILURE 24 TO MAINTAIN EFFORT.-In applying section 25 1903(a)(1) with respect to the total amount ex- HR 3933 IH 16 1 pended by a State for calendar quarters in a fiscal 2 year (beginning with fiscal year 1991) for commu- 3 nity care to the functionally disabled elderly indi- 4 viduals (other than under a waiver under section 5 1915(c) and other than home health care services 6 described in section 1905(a)(7) and personal care 7 services (specified under regulations under section 8 1905(a)(23)), such expenditures shall be reduced 9 by the amount reported under subparagraph (A) 10 with respect to fiscal year 1990. 11 "(3) DIRECT PAYMENT TO PROVIDERS OF COM- 12 MUNITY CARE.-Nothing in this title shall be con- 13 strued as authorizing a State to permit payment for 14 community care to be made through a qualified com- 15 munity care case manager. 16 "(f) MINIMUM REQUIREMENTS FOR COMMUNITY 17 CARE.- 18 "(1) IN GENERAL.-Community care provided 19 under this section must meet such requirements for in- 20 dividuals' rights and quality as are published or devel- 21 oped by the Secretary under subsection (j). Such re- 22 quirements shall include- 23 "(A) the requirement that individuals provid- 24 ing community care are competent to provide 25 such care, HR 3933 IH 17 1 "(B) guidelines for such minimum compensa- 2 tion for individuals providing such care as will 3 assure the availability and continuity of competent 4 individuals to provide such care for functionally 5 disabled individuals who have functional disabil- 6 ities of varying levels of severity, and 7 "(C) the rights specified in paragraph (2). 8 Nothing in this section shall be construed as preventing 9 competent individuals (other than members of the 10 family of an individual) from providing, and being paid 11 directly for, community care. 12 "(2) SPECIFIED RIGHTS.-The rights specified in 13 this paragraph are as follows: 14 "(A) FREE CHOICE.-The right to be fully 15 informed in advance about care and treatment, to 16 be fully informed in advance of any changes in 17 care or treatment that may affect the individual's 18 well-being, and (except with respect to an individ- 19 ual adjudged incompetent) to participate in plan- 20 ning care and treatment or changes in care and 21 treatment. 22 "(B) FREE FROM RESTRAINTS.-The right 23 to be free from physical or mental abuse, corporal 24 punishment, involuntary seclusion, and any physi- 25 cal or chemical restraints imposed for purposes of HR 3933 IH-3 18 1 discipline or convenience and not required to treat 2 the individual's medical symptoms. Restraints may 3 only be imposed- 4 "(i) to ensure the physical safety of the 5 individual or other individuals, and 6 "(ii) only upon the written order of a 7 physician that specifies the duration and cir- 8 cumstances under which the restraints are to 9 be used (except in emergency circumstances 10 specified by the Secretary until such an order 11 could reasonably be obtained). 12 "(C) PRIVACY.-The right to privacy with 13 regard to accommodations, medical treatment, 14 written and telephonic communications, visits, and 15 meetings of family and friends and of groups. 16 "(D) CONFIDENTIALITY.-The right to con- 17 fidentiality of personal and clinical records. 18 "(E) GRIEVANCES.-The right to voice 19 grievances with respect to treatment or care that 20 is (or fails to be) furnished, without discrimination 21 or reprisal (or threat of discrimination or reprisal) 22 for voicing the grievances and the right to prompt 23 efforts by the provider to resolve grievances the 24 individual may have, including those with respect 25 to the behavior of other individuals. HR 3933 IH 19 1 "(F) OTHER RIGHTS.-Any other right es- 2 tablished by the Secretary. 3 "(g) MINIMUM REQUIREMENTS FOR COMMUNITY 4 CARE SETTINGS.- 5 "(1) COMMUNITY CARE SETTING DEFINED.-In 6 this section, the term 'community care setting' 7 means- 8 "(A) a nonresidential setting, or 9 "(B) a residential setting (including a foster 10 home, board-and-care facility, or other group 11 living arrangement, but not including a setting to 12 the extent it is a nursing facility) in which more 13 than 2 unrelated adults reside and in which per- 14 sonal services (other than merely board) are pro- 15 vided in conjunction with residing in the setting, 16 in which community care under this section is pro- 17 vided. 18 "(2) MINIMUM REQUIREMENTS.-A community 19 care setting in which community care is provided under 20 this section must meet the following requirements: 21 "(A) SECRETARIAL REQUIREMENTS.-A 22 setting must meet such requirements as are pub- 23 lished or developed by the Secretary under sub- 24 section (j). HR 3933 IH 20 1 "(B) SPECIFIED RIGHTS, RIGHTS OF INCOM- 2 PETENT RESIDENTS, USE OF PSYCHOPHARMACO- 3 LOGIC DRUGS, ACCESS AND VISITATION RIGHTS, 4 PROTECTION OF RESIDENT FUNDS.-A setting 5 must meet the requirements of subparagraphs (A), 6 (C), and (D) of paragraph (1), paragraph (3), and 7 paragraph (6) of section 1919(c), to the extent ap- 8 plicable to such a setting. 9 "(C) NOTICE OF RIGHTS.-A setting must 10 inform each individual receiving community care 11 under this section in the setting, orally and in 12 writing at the time the individual first receives 13 community care in the setting, of the individual's 14 legal rights with respect to such a setting and the 15 care provided in the setting. 16 "(D) LICENSING.-A setting must be li- 17 censed under applicable State and local law. 18 "(E) LIFE SAFETY CODE.-A setting must 19 meet such provisions of such edition (as specified 20 by the Secretary in regulation) of the Life Safety 21 Code of the National Fire Protection Association 22 as are applicable and appropriate to the commu- 23 nity care setting; except that- 24 "(i) the Secretary may waive, for such 25 periods as he deems appropriate, specific HR 3933 IH 21 1 provisions of such Code which if rigidly ap- 2 plied would result in unreasonable hardship 3 upon a setting, but only if such waiver would 4 not adversely affect the health and safety of 5 clients or personnel, and 6 "(ii) the provisions of such Code shall 7 not apply in any State if the Secretary finds 8 that in such State there is in effect a fire and 9 safety code, imposed by State law, which 10 adequately protects clients of and personnel 11 in community care settings. 12 "(F) SANITARY AND INSPECTION CONTROL 13 AND MAINTENANCE OF PHYSICAL ENVIRON- 14 MENT. A setting must- 15 "(i) establish and maintain infection con- 16 trol standards designed to provide a safe, 17 sanitary, and comfortable environment in 18 which residents reside and to help prevent 19 the development and transmission of disease 20 and infection, and 21 "(ii) be maintained in a manner to pro- 22 tect the health and safety of residents, per- 23 sonnel, and the general public. HR 3933 IH 22 1 "(3) DISCLOSURE OF OWNERSHIP AND CONTROL 2 INTERESTS AND EXCLUSION OF REPEATED VIOLA- 3 TORS.-A community care setting- 4 "(A) must disclose persons with an owner- 5 ship or control interest (including such persons as 6 defined in section 1124(a)(3)) in the setting, and 7 "(B) may not have, as a person with an 8 ownership or control interest in the setting, any 9 individual or person who has been excluded from 10 participation in the program under this title or 11 who has had such an ownership or control interest 12 in one or more community care settings which 13 have been found repeatedly to be substandard or 14 to have failed to meet the requirements of para- 15 graph (2). 16 "(h) SURVEY AND CERTIFICATION PROCESS.- 17 "(1) CERTIFICATIONS.- 18 "(A) RESPONSIBILITIES OF THE STATE.- 19 "(i) IN GENERAL.-Under each State 20 plan under this title, the State shall be re- 21 sponsible for certifying the compliance of 22 providers of community care and community 23 care settings with the applicable require- 24 ments of subsections (f) and (g). HR 3933 IH 23 1 "(ii) CONSTRUCTION.-The failure of 2 the Secretary to issue regulations to carry 3 out this subsection shall not relieve a State 4 of its responsibility under this subsection. 5 "(B) RESPONSIBILITIES OF THE SECRE- 6 TARY.-The Secretary shall be responsible for 7 certifying the compliance of State providers of 8 community care, and of State community care set- 9 tings in which such care is provided, with the re- 10 quirements of subsections (f) and (g). 11 "(C) FREQUENCY OF CERTIFICATIONS.- 12 Certification of providers, and settings under this 13 subsection shall occur no less frequently than once 14 every 12 months. 15 "(2) REVIEWS OF PROVIDERS.- 16 "(A) IN GENERAL.-The certification under 17 this subsection with respect to a provider of com- 18 munity care must be based on a periodic review of 19 the provider's performance in providing the care 20 required under ICPP's in accordance with the re- 21 quirements of subsection (f). Such periodic review 22 shall be conducted, not less often than annually, 23 by an agency (other than the single State agency 24 described in section 1902(a)(5)) and shall be based 25 on information that includes the views of qualified HR 3933 IH 24 1 community care case managers whose clients 2 have received community care from such provid- 3 ers and from a sample of individuals receiving 4 community care from such providers. 5 "(B) SPECIAL REVIEWS OF COMPLIANCE. 6 If the Secretary has reason to question the com- 7 pliance of a provider of community care with any 8 of the requirements of subsection (f), the Secretary 9 may conduct a review of the provider and, on the 10 basis of that review, make independent and bind- 11 ing determinations concerning the extent to which 12 the provider meets such requirements. 13 "(3) SURVEYS OF COMMUNITY CARE SET- 14 TINGS.- 15 "(A) IN GENERAL.-The certification under 16 this subsection with respect to a community care 17 setting must be based on a survey. Such survey 18 for such a setting must be conducted without prior 19 notice to the setting. Any individual who notifies 20 (or causes to be notified) a community care setting 21 of the time or date on which such a survey is 22 scheduled to be conducted is subject to a civil 23 money penalty of not to exceed $2,000. The pro- 24 visions of section 1128A (other than subsections 25 (a) and (b)) shall apply to a civil money penalty HR 3933 IH 25 1 under the previous sentence in the same manner 2 as such provisions apply to a penalty or proceed- 3 ing under section 1128A(a). The Secretary shall 4 review each State's procedures for scheduling and 5 conducting such surveys to assure that the State 6 has taken all reasonable steps to avoid giving 7 notice of such a survey through the scheduling 8 procedures and the conduct of the surveys them- 9 selves. 10 "(B) SURVEY PROTOCOL.-Surveys under 11 this paragraph shall be conducted based upon a 12 protocol which the Secretary has provided for 13 under subsection (j). 14 "(C) PROHIBITION OF CONFLICT OF INTER- 15 EST IN SURVEY TEAM MEMBERSHIP.-A State 16 and the Secretary may not use as a member of a 17 survey team under this paragraph an individual 18 who is serving (or has served within the previous 19 2 years) as a member of the staff of, or as a con- 20 sultant to, the community care setting being sur- 21 veyed (or the person responsible for such setting) 22 respecting compliance with the requirements of 23 subsection (g) or who has a personal or familial 24 financial interest in the setting being surveyed. HR 3933 IH 26 1 "(D) VALIDATION SURVEYS OF COMMUNITY 2 CARE SETTINGS.-The Secretary shall conduct 3 onsite surveys of a representative sample of com- 4 munity care settings in each State, within 2 5 months of the date of surveys conducted under 6 subparagraph (A) by the State, in a sufficient 7 number to allow inferences about the adequacies 8 of each State's surveys conducted under subpara- 9 graph (A). In conducting such surveys, the Secre- 10 tary shall use the same survey protocols as the 11 State is required to use under subparagraph (B). 12 If the State has determined that an individual set- 13 ting meets the requirements of subsection (g), but 14 the Secretary determines that the setting does not 15 meet such requirements, the Secretary's determi- 16 nation as to the setting's noncompliance with such 17 requirements is binding and supersedes that of the 18 State survey. 19 "(E) SPECIAL SURVEYS OF COMPLIANCE.- 20 If the Secretary has reason to question the com- 21 pliance of a community care setting with any of 22 the requirements of subsection (g), the Secretary 23 may conduct a survey of the setting and, on the 24 basis of that survey, make independent and bind- HR 3933 IH 27 1 ing determinations concerning the extent to which 2 the setting meets such requirements. 3 "(4) INVESTIGATION OF COMPLAINTS AND MONI- 4 TORING OF PROVIDERS AND SETTINGS.-Each State 5 and the Secretary shall maintain procedures and ade- 6 quate staff to investigate complaints of violations of ap- 7 plicable requirements imposed on providers of commu- 8 nity care or on community care settings under subsec- 9 tions (f) and (g). 10 "(5) INVESTIGATION OF ALLEGATIONS OF INDI- 11 VIDUAL NEGLECT AND ABUSE AND MISAPPROPRIA- 12 TION OF INDIVIDUAL PROPERTY AND PUBLIC DISCLO- 13 SURE OF FINDINGS.-The State shall provide, through 14 the agency responsible for surveys and certification of 15 providers of community care and community care set- 16 tings under this subsection, for a process for the re- 17 ceipt, review, and investigation of allegations of indi- 18 vidual neglect and abuse (including injuries of unknown 19 source) by individuals providing such care or in such 20 setting and of misappropriation of individual property 21 by such individuals. The State shall, after notice to the 22 individual involved and a reasonable opportunity for 23 hearing for the individual to rebut allegations, make a 24 finding as to the accuracy of the allegations. If the 25 State finds that an individual has neglected or abused HR 3933 IH 28 1 an individual receiving community care or misappropri- 2 ated such individual's property, the State shall notify 3 the individual against whom the finding is made. A 4 State shall not make a finding that a person has ne- 5 glected an individual receiving community care if the 6 person demonstrates that such neglect was caused by 7 factors beyond the control of the person. The State 8 shall provide for public disclosure of findings under this 9 paragraph upon request and for inclusion, in any such 10 disclosure of such findings, of any brief statement (or of 11 a clear and accurate summary thereof) of the individual 12 disputing such findings. 13 "(6) DISCLOSURE OF RESULTS OF INSPECTIONS 14 AND ACTIVITIES.- 15 "(A) PUBLIC INFORMATION.-Each State, 16 and the Secretary, shall make available to the 17 public- 18 "(i) information respecting all surveys, 19 reviews, and certifications made under this 20 subsection respecting providers of community 21 care and community care settings, including 22 statements of deficiencies, 23 "(ii) copies of cost reports (if any) of 24 such providers and settings filed under this 25 title, HR 3933 IH 29 1 "(iii) copies of statements of ownership 2 under section 1124, and 3 "(iv) information disclosed under section 4 1126. 5 "(B) NOTICES OF SUBSTANDARD CARE.-If 6 a State finds that- 7 "(i) a provider of community care has 8 provided care of substandard quality with re- 9 spect to an individual, the State shall make a 10 reasonable effort to notify promptly (I) an 11 immediate family member of each such indi- 12 vidual and (II) individuals receiving commu- 13 nity care from that provider under this title, 14 or 15 "(ii) a community care setting is sub- 16 standard, the State shall make a reasonable 17 effort to notify promptly (I) individuals re- 18 ceiving community care in that setting, and 19 (II) immediate family members of such indi- 20 viduals. 21 "(C) ACCESS TO FRAUD CONTROL UNITS.- 22 Each State shall provide its State medicaid fraud 23 and abuse control unit (established under section 24 1903(q)) with access to all information of the HR 3933 IH 30 1 State agency responsible for surveys, reviews, and 2 certifications under this subsection. 3 "(i) ENFORCEMENT PROCESS FOR PROVIDERS OF 4 COMMUNITY CARE.- 5 "(1) STATE AUTHORITY.- 6 "(A) IN GENERAL.-If a State finds, on the 7 basis of a review under subsection (h)(2) or other- 8 wise, that a provider of community care no longer 9 meets the requirements of this section and further 10 finds that the provider's deficiencies- 11 "(i) immediately jeopardize the health 12 or safety of individuals receiving its services, 13 the State shall take immediate action to 14 remove the jeopardy and correct the deficien- 15 cies or terminate the provider's participation 16 under the State plan and may, in addition, 17 provide for a civil money penalty, or 18 "(ii) do not immediately jeopardize the 19 health or safety of such individuals, the State 20 may- 21 "(I) terminate the provider's par- 22 ticipation under the State plan, 23 "(II) provide for a civil money 24 penalty, or 25 "(III) do both. HR 3933 IH 31 1 Nothing in this subparagraph shall be construed 2 as restricting the remedies available to a State to 3 remedy a provider's deficiencies. If the State finds 4 that a provider meets such requirements but, as of 5 a previous period, did not meet such require- 6 ments, the State may provide for a civil money 7 penalty under subparagraph (B) for the period 8 during which it finds that the provider was not in 9 compliance with such requirements. 10 "(B) CIVIL MONEY PENALTY.- 11 "(i) IN GENERAL.-Each State shall es- 12 tablish by law (whether statute or regulation) 13 at least the following remedy: A civil money 14 penalty assessed and collected, with interest, 15 for each day in which the provider is or was 16 out of compliance with a requirement of this 17 section. Funds collected by a State as a 18 result of imposition of such a penalty (or as a 19 result of the imposition by the State of a 20 civil money penalty under subsection 21 (h)(3)(A)) may be applied to reimbursement of 22 individuals for personal funds lost due to a 23 failure of community care providers to meet 24 the requirements of this section. The State 25 also shall specify criteria, as to when and HR 3933 IH 32 1 how this remedy is to be applied and the 2 amounts of any penalties. Such criteria shall 3 be designed SO as to minimize the time be- 4 tween the identification of violations and 5 final imposition of the penalties and shall 6 provide for the imposition of incrementally 7 more severe penalties for repeated or uncor- 8 rected deficiencies. 9 "(ii) DEADLINE AND GUIDANCE.-Each 10 State which elects to provide community 11 care under this section must establish the 12 civil money penalty remedy described in 13 clause (i) applicable to all providers of com- 14 munity care covered under this section. The 15 Secretary shall provide, through regulations 16 or otherwise by not later than July 1, 1991, 17 guidance to States in establishing such 18 remedy; but the failure of the Secretary to 19 provide such guidance shall not relieve a 20 State of the responsibility for establishing 21 such remedy. 22 "(2) SECRETARIAL AUTHORITY.- 23 "(A) FOR STATE PROVIDERS.- respect 24 to a State provider of community care, the Secre- 25 tary shall have the authority and duties of a State HR 3933 IH 33 1 under this subsection, except that the civil money 2 penalty remedy described in subparagraph (C) 3 shall be substituted for the civil money remedy 4 described in paragraph (1)(B)(i). 5 "(B) OTHER PROVIDERS. - With respect to 6 any other provider of community care in a State, 7 if the Secretary finds that a provider no longer 8 meets a requirement of this section and further 9 finds that the provider's deficiencies- 10 "(i) immediately jeopardize the health 11 or safety of individuals receiving its services, 12 the Secretary shall take immediate action to 13 remove the jeopardy and correct the deficien- 14 cies or terminate the provider's participation 15 under the State plan and may, in addition, 16 provide for a civil money penalty under sub- 17 paragraph (C), or 18 "(ii) do not immediately jeopardize the 19 health or safety of such individuals, the Sec- 20 retary may- 21 "(I) terminate the provider's par- 22 ticipation under the State plan, 23 "(II) provide for a civil money 24 penalty under subparagraph (C), or 25 "(III) do both. HR 3933 IH 34 1 If the Secretary finds that a provider meets such 2 requirements but, as of a previous period, did not 3 meet such requirements, the Secretary may pro- 4 vide for a civil money penalty under subparagraph 5 (C) for the period during which the Secretary 6 finds that the provider was not in compliance with 7 such requirements. 8 "(C) CIVIL MONEY PENALTY.-If the Secre- 9 tary finds on the basis of a review under subsec- 10 tion (h)(2) or otherwise that a community care 11 provider no longer meets the requirements of this 12 section, the Secretary shall impose a civil money 13 penalty in an amount not to exceed $10,000 for 14 each day of noncompliance. The provisions of sec- 15 tion 1128A (other than subsections (a) and (b)) 16 shall apply to a civil money penalty under the 17 previous sentence in the same manner as such 18 provisions apply to a penalty or proceeding under 19 section 1128A(a). The Secretary shall specify cri- 20 teria, as to when and how this remedy is to be 21 applied and the amounts of any penalties. Such 22 criteria shall be designed SO as to minimize the 23 time between the identification of violations and 24 final imposition of the penalties and shall provide HR 3933 IH 35 1 for the imposition of incrementally more severe 2 penalties for repeated or uncorrected deficiencies. 3 "(j) SECRETARIAL RESPONSIBILITIES.- 4 "(1) PUBLICATION OF INTERIM REQUIRE- 5 MENTS.- 6 "(A) IN GENERAL.-The Secretary shall 7 publish, by July 1, 1991, a regulation (that shall 8 be effective on an interim basis pending the pro- 9 mulgation of final regulations) that sets forth in- 10 terim requirements, consistent with subparagraph 11 (B), for the provision of community care and for 12 community care settings, including- 13 "(i) the requirements of subsection (c)(2) 14 (relating to comprehensive functional assess- 15 ments, including the use of assessment in- 16 struments), of subsection (d)(2)(E) (relating to 17 qualifications for qualified community care 18 case managers), of subsection (f) (relating to 19 minimum requirements for community care), 20 and of subsection (g) (relating to minimum 21 requirements for community care settings), 22 and 23 "(ii) survey protocols (for use under sub- 24 section (h)(3)(A)) which relate to such re- 25 quirements. HR 3933 IH 36 1 "(B) MINIMUM PROTECTIONS.-Interim re- 2 quirements under subparagraph (A) and final re- 3 quirements under paragraph (2) shall assure, 4 through methods other than reliance on State li- 5 censure processes, that individuals receiving com- 6 munity care are protected from neglect, physical 7 and sexual abuse, financial exploitation, inappro- 8 priate involuntary restraint, and the provision of 9 health care services by individuals in community 10 care settings who are not competent to provide 11 such care. 12 "(2) DEVELOPMENT OF FINAL REQUIRE- 13 MENTS.-The Secretary shall develop, by not later 14 than October 1, 1992- 15 "(A) final requirements, consistent with para- 16 graph (1)(B), respecting the provision of appropri- 17 ate, quality community care and respecting com- 18 munity care settings under this section, and in- 19 cluding at least the requirements referred to in 20 paragraph (1)(A)(i), and 21 "(B) survey protocols and methods for evalu- 22 ating and assuring the quality of community care 23 settings. 24 The Secretary may, from time to time, revise such re- 25 quirements, protocols, and methods. HR 3933 IH 37 1 "(3) CONSTRUCTION.-Nothing in this subsection 2 shall be construed as authorizing the Secretary to de- 3 velop standards respecting the quality of community 4 care and standards respecting community care settings 5 beyond the scope of the interim and final requirements 6 specified under paragraphs (1) and (2). 7 "(4) No DELEGATION TO STATES.-The Secre- 8 tary's authority under this subsection shall not be dele- 9 gated to States. 10 "(5) No PREVENTION OF MORE STRINGENT RE- 11 QUIREMENTS BY STATES.-Nothing in this section 12 shall be construed as preventing States from imposing 13 requirements that are more stringent than the require- 14 ments published or developed by the Secretary under 15 this subsection. 16 "(k) APPLICABILITY IN STATES OPERATING UNDER 17 DEMONSTRATION PROJECTs.-In the case of any State 18 which is providing medical assistance under a waiver granted 19 under section 1115(a) with respect to community care, the 20 Secretary shall require the State to meet the requirements of 21 this section in the same manner as the State would be re- 22 quired to meet such requirements if the State had in effect a 23 plan approved under this title and had elected to cover com- 24 munity care under this section.". 25 (c) PAYMENT FOR COMMUNITY CARE.- HR 3933 IH 38 1 (1) REASONABLE AND ADEQUATE PAYMENT 2 RATES.-Section 1902 of such Act (42 U.S.C. 1396a) 3 is amended- 4 (A) in subsection (a)(13)- 5 (i) by striking "and" at the end of sub- 6 paragraph (D), 7 (ii) by inserting "and" at the end of 8 subparagraph (E), and 9 (iii) by adding at the end the following 10 new subparagraph: 11 "(F) for payment for community care (as de- 12 fined in section 1927(a) and provided under such 13 section) through rates which are reasonable and 14 adequate (and which may not be established on a 15 capitation basis or any other risk basis) to meet 16 the costs of providing care, efficiently and eco- 17 nomically, in conformity with applicable State and 18 Federal laws, regulations, and quality and safety 19 standards (including those described in section 20 1927(f)(1)(B));"; and 21 (B) in subsection (h), by inserting before the 22 period at the end the following: "or to limit the 23 amount of payment that may be made under a 24 plan under this title for community care". HR 3933 IH 39 1 (2) DENIAL OF PAYMENT FOR CIVIL MONEY PEN- 2 ALTIES, ETC.-Section 1903(i)(8) of such Act (42 3 U.S.C. 1396b(i)(8)) is amended by inserting "(A)" after 4 "medical assistance" and by inserting before the semi- 5 colon the following: ", or (B) for community care to 6 reimburse (or otherwise compensate) a provider of such 7 care for payment of a civil money penalty imposed 8 under this title or title XI or for legal expenses in de- 9 fense of an exclusion or civil money penalty under this 10 title or title XI if there is no reasonable legal ground 11 for the provider's case". 12 (3) DENIAL OF PAYMENT FOR SUBSTANDARD 13 COMMUNITY CARE AND COMMUNITY CARE FURNISHED 14 BY FAMILY MEMBERS OR OTHERWISE PAID FOR.- 15 Section 1903(i) of such Act is further amended- 16 (A) by striking "or" at the end of paragraph 17 (8), 18 (B) by striking the period at the end of para- 19 graph (9) and inserting ''; or", 20 (C) by inserting after paragraph (9) the fol- 21 lowing new paragraph: 22 "(10) for community care under sections 23 1905(a)(22) and 1927- HR 3933 IH 40 1 "(A) which does not meet the applicable re- 2 quirements published or developed under section 3 1927(j), 4 "(B) which is furnished in a community care 5 setting- 6 "(i) if a survey under section 7 1927(h)(3)(A) indicates that such setting is 8 substandard, 9 "(ii) on or after January 1, 1993, with 10 respect to which the State has not applied 11 the protocols and methods developed under 12 section 1927(j)(2)(B), or 13 "(iii) that does not meet the applicable 14 requirements of paragraphs (2) and (3) of 15 section 1927(g), 16 "(C) which is provided to a functionally dis- 17 abled elderly individual by members of the family 18 of such individual, or 19 "(D) to the extent payment is made for such 20 care other than under this title.", , and 21 (D) by adding at the end the following: 22 "Clauses (i) and (iii) of paragraph (10)(B) shall not apply 23 once, and only once, in the case of a setting found to be 24 substandard or not to meet applicable requirements if the set- HR 3933 IH 41 1 ting is changed within 3 months of the finding to no longer be 2 substandard and to meet applicable requirements." 3 (d) CONFORMING AMENDMENTS.- 4 (1) Section 1902(j) of such Act (42 U.S.C. 5 1396a(j)) is amended by striking "(21)" and inserting 6 "(23)". 7 (2) Section 1902(a)(10)(C)(iv) of such Act (42 8 U.S.C. 1396a(a)(10)(C)(iv)) is amended by striking 9 "(20)" and inserting "(22)". 10 (3) Section 1903(a)(2)(A) of such Act (42 U.S.C. 11 1396b(a)(2)(A)) is amended by inserting "and are not 12 attributable to community care for functionally disabled 13 elderly individuals" before the semicolon at the end. 14 (4) Section 9523(a) of the Consolidated Omnibus 15 Budget Reconciliation Act of 1985, as amended by 16 section 4115(d) of the Omnibus Budget Reconciliation 17 Act of 1987 (added by section 411(k)(9) of the Medi- 18 care Catastrophic Coverage Act of 1988) and by sec- 19 tion 6408(b) of the Omnibus Budget Reconciliation Act 20 of 1989, is amended by striking "July 1, 1990" and 21 inserting "July 1, 1991". 22 (e) EFFECTIVE DATES.- 23 (1) Except as provided in this subsection, the 24 amendments made by this section shall apply to com- 25 munity care furnished on or after July 1, 1991, with- HR 3933 IH 42 1 out regard to whether or not final regulations to carry 2 out such amendments have been promulgated by such 3 date. 4 (2)(A) The amendments made by subsection (c)(1) 5 shall apply to community care furnished on or after 6 July 1, 1991, or, if later, 30 days after the date of 7 publication of regulations effective on an interim basis 8 under section 1927(j)(1) of the Social Security Act. 9 (B) The amendment made by subsection (c)(2) 10 shall apply to civil money penalties imposed after the 11 date of the enactment of this Act. 12 (f) WAIVER OF PAPERWORK REDUCTION, ETc.- 13 Chapter 35 of title 44, United States Code, and Executive 14 Order 12291 shall not apply to information and regulations 15 required for purposes of carrying out this section and imple- 16 menting the amendments made by this section. O HR 3933 IH HIAA Health Insurance Association of America HEALTH CARE FINANCING FOR ALL AMERICANS Private Market Reform & Public Responsibility HEALTH CARE FINANCING FOR ALL AMERICANS Private Market Reform & Public Responsibility 1991 Health Care Financing for All Americans: A Synopsis The Health Insurance Association of America (HIAA) has formulated a proposal to provide access to health care coverage for all Americans. HIAA's proposal focuses on expanding cover- age through the workplace and expanding pub- lic coverage for the poor and the near poor. Its essential elements follow. Reform of the Small- Employer Market Reforms are needed to ensure the availability and reliability of private health insurance in the small- employer market. The aim of small-employer market reforms is to assure private coverage on a continuing basis for small employers and to assure that individual high-risk employees are not denied coverage. If an employer changes insurers or an employee changes jobs, new preexisting condition restrictions would not be imposed. Limits would apply to variations in premiums and premium increases. 2 Private Reinsurance For example, the self-employed would find coverage more affordable if, instead of receiving A private reinsurance mechanism for the small- a 25 percent deduction for the cost of health employer health benefit market needs to be benefits, they received 100 percent, as do other authorized. This would allow insurers to imple- employers (as long as they provide equal cover- ment market reforms by permitting insurers to age for their employees). Financially vulnerable spread losses for high-risk individuals equitably groups should receive new tax subsidies; such across the market. Under the HIAA proposal, no subsidies should be directed toward financially employer would have to pay more than 150 fragile employers and low-income employed percent of the relevant market averages for basic individuals. coverage. Expanded Public Coverage State Pools for the Medically for the Poor and Near Poor Uninsurable HIAA recommends expanding Medicaid to cover State pools for medically uninsurable individuals all those below the federal poverty level, regard- who are not part of an employer group need to less of family structure, age or employment be established. Losses should be financed by status. Medicaid's link to welfare categorical state general revenues or other broad-based restrictions should be eliminated. As an impor- funding. If a state does not act, the U.S. Depart- tant first step, HIAA supports the recent enact- ment of Health and Human Services (HHS) ment of phased-in coverage for poor children. should be authorized to set up a federally funded The Medicaid "spend-down" program should be pool in that state to pay for losses. The funds for extended to all states and eligibility thresholds the pool would come from funds that HHS should be set to prevent impoverishment by would otherwise spend in that state. medical expenses. Low-income individuals above the poverty Affordable Coverage level should be allowed to "buy into" an income- related package of primary and preventive health Insurers should be allowed to offer more afford- care services. Also, the recent federal Medicaid able coverage to small employer groups. Insur- "buy-out" requirement (which eventuated from ers should be permitted to market lower-cost HIAA's original proposal to authorize such state prototype plans; and insured employer plans actions) should be implemented. States should should receive exemptions from costly state pay the employee share of available employer provider and service coverage mandates (such group insurance where the average employee's exemptions are given to self-insured plans). premium costs are less than what the same benefit would cost on an average per capita Targeted Tax Assistance basis under direct Medicaid financing. This will maximize state savings and avoid adverse selec- Tax assistance must be targeted so that small tion between the public and private sectors. employers and their financially vulnerable em- ployees can afford health insurance coverage. Health Insurance Association of America 3 Cost Containment Moving forward with cost-containment efforts to make health care more affordable has become a national imperative. HIAA recommends promot- ing the development of managed care systems (HMOs, PPOs, point-of-service plans, and the like) that rationalize and integrate health deliv- ery and financing; HIAA also supports such managed care mechanisms as utilization review and quality assurance. Government must be encouraged to create a climate hospitable to the growth of managed care, and to refrain from creating barriers to utilization review and other key cost-containment strategies. Better methods for assessing the cost-effec- tiveness of new technologies and procedures are also needed, as are increased efforts to formulate medical practice guidelines and pro- tocols. (The latter would encourage efficiency in physicians' practice styles.) Another way to control costs is to provide financial incentives for consumers, so that they will be cost-conscious when they select health plan alternatives, health care providers, and medical services. Efforts also must be made to reduce the incidence of mal- practice and to reform the malpractice system, making it more efficient and assuring that victims are reasonably compensated. Health Insurance Association of America 5 Health Care Financing for All Americans Introduction Today, more than 30 million Americans have neither public nor private health care coverage. These Americans often have greater problems gaining access to the health care system than do those who have coverage. They may forgo necessary care or delay getting treatment until their problems worsen - and become more costly. These individuals represent the widening gap in our nation's health care financing system. HIAA believes that policy makers must devise ways to close the gap. More precisely, govern- ment action is needed to provide the legislative and fiscal base that will enable a combination of public and private providers of health care coverage to meet the health care financing needs of all Americans. The HIAA proposal takes into account the important policy implications of the relationship between income, the workplace, and health care coverage. The vast majority of Americans with adequate incomes have health coverage. Ninety percent of all nonelderly Americans with in- 6 comes of over three times the federal poverty supports wellness and prevention activities, as level have some form of coverage. Approxi- well as economic incentives for the consumer to mately 150 million nonelderly in this country be "cost conscious" in the use of medical re- obtain health coverage through an employment- sources and in choosing a health plan. based plan. Yet most individuals without health care Proposal coverage are in families with some involvement in the work force. In fact, 66 percent of the uninsured are full-time workers or are depen- Reform of the Small-Employer Market dents of full-time workers. Another 14 percent Those who are concerned with assuring the avail- either work half-time (18 to 34 hours a week) or ability and reliability of health insurance coverage belong to families with one or more part-time are paying increasing attention to the small-em- working members. (Current Population Survey, ployer health benefit market. This is largely be- U.S. Dept. of Health and Human Services, March cause a high proportion of workers without health 1988 tabulations.) care coverage - fully two-thirds - work for a Efforts to make coverage more available and business establishment with 25 or fewer employ- more affordable should take into account the ees at that establishment's location; but only one in fact that most Americans receive their health care three firms with fewer than 10 employees offers coverage through employment. A realistic ap- health benefits. (Figures 1 and 2.) proach is to focus on improving the ability of Increasingly, small employers seek relief from financially vulnerable employers to offer health rising health care costs by an aggressive search insurance to their often low-income employees. for the lowest possible price for health care In addition, low-income employees need direct coverage. Those with healthy employees are government assistance so that they can afford more likely to seek, and to obtain, coverage at their share of premiums. prices that reflect their low risk. To be cost effective, expansion strategies In turn, more and more insurers have found should build on existing coverage and target that to be price competitive for these low risk public coverage to the poor and near poor. employers, they are less able to spread the costs Extending public coverage to higher income of groups with employees at high risk of incur- individuals will lead inevitably to unnecessary ring large medical expenses broadly across the tax increases to support substitution of public lower risk groups. This has led to a growing coverage for private coverage. number of higher risk employers that cannot HIAA also believes that efforts to expand the find coverage at an affordable price. Moreover, nation's health care financing system must be those employer groups that are at lower risk complemented by responsible cost-containment today, and thus initially obtain a lower premium, measures. HIAA's policy on cost containment are likely to have employees who will develop includes an emphasis on the development of expensive medical conditions. Those employers managed health care systems. It also calls for may then face large premium increases. greater scrutiny of one of the major causes of In general, then, small employers have greater high costs - the use of new, often unproven, difficulty than large employers in affording and technologies and procedures. HIAA also strongly sometimes even obtaining health coverage. Fur- Health Insurance Association of America 7 Workers Who Have Employer-Based Coverage, Workers without Employer-Based Coverage, by Establishment Size by Establishment Size 10-25 Under 10 17% 44% (13.4m) (6.2m) Under 10 19% (15.3m) 26-100 24% (18.9m) Over 500 10-25 22% 7% (3.1m) (0.93m) Over 500 101-500 19% 9% (15.3m) 101-500 (1.3m) 21% 26-100 (16.9m) 19% (2.7m) Source: 1987 National Medical Expenditure Survey Source: 1987 National Medical Expenditure Survey (Because of rounding, numbers do not add up to 100%) Figure 1 Figure 2 thermore, the greater frequency with which up subsidizing older, higher income workers. small employers change carriers and their work- Subsidies could occur on a regional scale, too, ers change jobs exposes these individuals to because some community rating schemes fail to greater risk of being left out of the system. permit rate adjustment by geographic area: these Finally, small employers are highly sensitive to would force lower cost, more efficient and often very large, unanticipated premium increases lower-income localities to subsidize higher cost, and may fail to obtain, or to retain, coverage in less efficient localities that often have higher per a marketplace where individual employer expe- capita incomes. Community rating gives carriers rience is highly unpredictable. little if any latitude to fine-tune their rates, Substantial reforms are needed if health in- thereby increasing the risk of insolvency. surers are to serve the broader interests of small There are far better avenues to reforming the employers and their employees. Many recom- small-employer health benefits market than com- mendations are under discussion. But not all are munity rating schemes. The best approach is a of equal value. multi-faceted blend of private and public strate- One ill-advised proposal is to institute a flat gies that take into account the complexity and "community rate" for all small employers. This realities of health care financing. Accordingly, would increase rates for the populations least HIAA has developed a comprehensive set of able to pay, and younger workers (who on legislative reforms that can be implemented average earn less than older workers) would end while allowing a viable private marketplace. 8 HIAA recommends market reforms and could vary for groups similar in geography, reinsurance mechanisms to ensure fair access to, demographic composition and plan design. and continuity of coverage for, small employers and their employees. When enacted by the More specifically, a carrier's premiums for states, these reforms will introduce a greater similar groups could not vary by more than 35 degree of predictability and stability to the small- percent from the carrier's midpoint rate (halfway employer health benefit marketplace. between the lowest and highest rate). There would also be a 15 percent limitation on how Guaranteed Availability. All small-employer much a carrier could vary rates by industry. groups would be able to obtain private health Finally, carriers would have to limit a group's insurance regardless of the health risk they year-to-year premium increases to no more than present. A significant number of carriers in a 15 percent above the carrier's "trend" (the year- state (defined by their small-employer mar- to-year increase in the lowest new business ket share) would be required to guarantee to rate). Separate "trends" should be allowed for issue health care coverage to any legitimate managed care and non-managed care to reflect small-employer group. HIAA is willing to health care cost/efficiency differences in these consider variations on this approach (in a structures. given state) to enhance consumer choice. In order for these reforms to succeed, the implementing legislation will have to pertain to Coverage of Whole Groups. Coverage would all competitors in the small-employer market. If be made available to entire employer groups; any one company or segment of the market no small employer nor any insurer would be pursues such reforms independently, without able to exclude from the group's coverage rules for marketplace behavior spelled out in individuals who present high medical risks. legislation, it might invite financial ruin. It is therefore important that states have the clear Renewability of Coverage. At renewal time, authority to impose these rules on all competi- employer groups and/or individuals in these tors in the small-employer marketplace. Within groups would be assured that their coverage the scope of these rules, insurers would be would not be canceled because of deteriorat- allowed to use individual risk assessment and ing health. classification initially to assess risk, to set rates, and to determine for which individuals to pur- Continuity of Coverage. Once a person is chase reinsurance. covered in the employer market and has satisfied an initial plan's preexisting condi- Private Reinsurance tion restrictions, he or she would not have to A private marketwide reinsurance system would meet those requirements again when chang- make possible the reform of the small-employer ing jobs or when the employer changes market. Reinsurance means to "insure again." carriers. Under reinsurance, an insurance company, called the ceding or direct-writing insurer, purchases Premium Pricing Limits. Insurance carriers insurance from the reinsurer to cover all or part would be required to limit how much their rates of the loss against which it protects its policy- Health Insurance Association of America 9 holder. The reinsurer is, in a sense, a silent ing reinsurance losses to unacceptable levels.) partner of the original insurer. Reinsurance en- Nonguaranteed issue carriers would be permit- ables an insurer to accept a greater variety of ted only to reinsure new entrants to existing risks. By sharing these risks with a reinsurer, the groups through individual reinsurance. This ceding insurer obtains an adequate spread within reflects the fact that under the "whole group" which the law of averages can operate. rule, all carriers would have to make coverage Reinsurance will allow individual insurers (or available to any new employees entering a other small-employer health plan entities) to group they already insure. implement reforms without facing high financial The reinsurer would cover the costs associ- losses. Reinsurance will allow carriers to assure ated with reinsured cases. The process of rein- small-employer groups presenting a high health surance is invisible to employers and employees risk access to a basic set of benefits at a rate no and is purely a transaction between the ceding higher than 50 percent above the applicable insurer and the reinsurer. average market premium. For groups already In the aggregate, the cost of reinsured per- covered by an insurance carrier, the premium sons will exceed the reinsurance premiums; this pricing limits described above would pertain, is because reinsurance would be aimed at em- and would in many cases limit a high-risk ployer groups and employees known to be high employer's rates to a level below the guaranteed risk, and because the premium price would be marketwide maximum level of 50 percent above limited in order to encourage carriers to accept average. high risk applicants. Under this proposal, the Under this approach, a significant number of reinsurer's losses would be spread equitably carriers in a state's small-employee health ben- across all competitors in the private marketplace efit market (defined by small-employer pre- - both the guaranteed issue and nonguaranteed mium) would be required to guarantee to issue issue carriers. health coverage to any legitimate small-em- Losses would be covered first through contri- ployer group applicant. Not all carriers would be butions from all carriers in the small-employer required to guarantee to issue coverage, but they market. If losses were significantly higher than would be strongly encouraged to do so through expected, a second "safety valve" of broad- better reinsurance terms for guaranteed issue based financing would be made available. carriers. Guaranteed issue carriers could reinsure HIAA will aggressively pursue reinsurance entire high-risk small-employer groups at a and related small-employer market reform at the reinsurance premium price of 150 percent of state level. HIAA will also recommend federal average market costs or reinsure high-risk indi- legislation to give states the authority, where viduals within groups at 500 percent of average necessary, to assure compliance with the market market costs. (Individual reinsurance would reforms outlined here and to finance the include a $5,000 deductible.) reinsurance system. To reduce the volume of reinsured claims, With HIAA's recommended market changes reinsurance would be on a three-year basis. (If in place, the small employer will stand to benefit reinsurance were permitted annually, carriers greatly from the rapidly evolving cost-manage- could declare more groups or individuals high- ment capacity. These reforms will encourage risk and utilize reinsurance more often, increas- competition based more on efficiency and less 10 on selection. Competitors would no longer be One reason that mandated benefit laws in- allowed to draw business away from more crease the cost of coverage is that multi-state efficient health benefit plans by offering tempo- insurers must monitor and comply with so many rarily low prices that rise sharply once an em- different state rules and regulations. Insurers are ployee gets sick. Insurers that reduce inefficient precluded from developing lower-cost proto- operating expenses and that offer cost-effective type plans that would be marketable across state financing systems and delivery systems will gain lines. Instead, they are often forced to offer only a larger share of what is an extremely price- "Cadillac" plans based on a multitude of man- sensitive market. dates from many states. Many of these benefits, are expensive in their State Pools for Uninsurable Individuals own right. Taken together, mandated benefits in Even with increased employer-based coverage many states provide a package that many small and with Medicaid expansions (see below), employers simply cannot afford. medically uninsurable individuals who are not A 1989 study (conducted by Gail Jensen, then part of an insured employer group would remain a health care economist with the University of without coverage. High-risk pools should be Illinois, and now at the University of North Caro- established in the states so that coverage would lina) concluded that 16 percent of small employers become available to such individuals. Pool losses not now providing health insurance would offer should be funded by general revenues or similar benefits in the absence of state mandates. sources, which spread the cost broadly across State-mandated benefit laws do not apply society. (As of December 1990, 25 states had equally to all employer-sponsored health plans. enacted broad-based pools for uninsurable indi- The Employee Retirement Income Security Act viduals.) of 1974 (ERISA) exempts self-insured plans from state mandated benefit laws and other forms of Allow Insurers to Offer More state insurance regulations. In general, only Affordable Benefit Plans to Small- large employers have the financial resources or Employer Groups the risk-spreading base to self-insure; self-insur- Over the years, the list of state laws mandating ance allows multi-state employers not only to benefits and providers has grown dramatically. save administrative costs through plan unifor- There are about 800 such laws nationwide - mity but to pick and choose those benefits that and they mandate coverage of such disparate are most desirable and cost effective. Employers services and provider categories as chiropractic too small to self-insure do not have this flexibility, and podiatry, acupuncture, expansive inpatient and they are thus less likely to offer health mental health services (even where most cost insurance at all. effective alternatives exist), in vitro fertilization, In 1985, the U.S. Supreme Court ruled that to and pastoral counseling. The cumulative effect put employee health benefit plans on the same of this hodgepodge of state laws is to increase footing as self-insured plans required congres- the cost of health insurance, particularly for sional action. Moreover, in recent years, there small employers who are most in need of also has been a proliferation of state actions that affordable basic benefits and who are too small obstruct or hinder private-sector managed care to self-insure and thus escape these mandates as efforts that would make health care coverage larger employers often do. more affordable. These state bills are aimed at Health Insurance Association of America 11 limiting contractual arrangements with cost-ef- Percentage of Uninsured Workers Who Are Self-Employed fective provider networks, as well as preventing or limiting insurers' ability to carry out effective utilization review programs. Again, small em- ployers should be able to benefit from the same Self-Employed 13.6% cost-management approaches as do larger em- ployers. Targeted Tax Assistance for Small Employers and Their Financially Vulnerable Employees Non-Self-Employed Small businesses tend to be younger, financially 86.4% less stable and employ a lower wage work force. Thus, health benefits often represent a greater Source: EBRI Tabulations of March 1990 Current financial burden to small businesses, who are far Population Survey less likely to offer them than are other employers. A 1989 HIAA survey found that only 27 percent Figure 3 of firms with fewer than 10 employees offer health benefits. Conversely, over 90 percent of firms with more than 25 employees offer health benefits. (Figures 3 and 4.) Percentage of Firms That Offer Health Benefits by Number of Employees Eleven percent of uninsured workers are self- employed. They are uninsured in part because self-employed workers receive only a 25 percent income tax deduction for the cost of health 99% benefits. Other (incorporated) businesses re- 100 89% 85% ceive a full 100 percent deduction. 80 73% The financial vulnerability of small employers 60 and uninsured workers, as well as government fiscal realities, suggest that additional tax assis- 40 27% tance should be carefully targeted to those popu- 20 lations most in need. For instance, government 0 should direct new tax subsidies to assist employ- 1-9 10-24 25-49 50-99 100+ Number of Employees ers and individuals with inadequate financial resources in purchasing private coverage. Sliding scale subsidies should be targeted, for example, Source: HIAA Employer Survey, 1990 to small employers paying average wages of less than $18,000 annually. The subsidy rate for such Figure 4 employers should increase as the percent of total payroll going to hospital and medical benefits increases. A temporarily higher subsidy could be given to firms offering benefits for the first time. 12 times the federal poverty level. (Figure 5.) The Persons without Health Care Coverage current federal/state Medicaid program covers by Family Income only four out of ten poor Americans. Many states as a Percentage of Poverty do not have a medically needy program, and Medicaid income eligibility thresholds for the nonelderly generally fall far below the poverty 100%-149% Below Poverty of poverty 28.6% level. 17.8% Because the poor and many of the near poor do not have the means to purchase coverage on their own, the health care financing responsibil- 150%-199% of poverty ity for these populations rests largely with the 14% government. 200% or more HIAA proposes that the Medicaid program be of poverty 39.6% extended to cover all poor Americans regardless of age, family structure or employment status. To carry out this recommendation fully, Medicaid Source: EBRI Tabulations of the March 1990 Current eligibility will have to be independent of such Population Survey cash assistance programs as Aid to Families with Dependent Children (AFDC). Moreover, fiscal Figure 5 constraints suggest first priority should be phas- Subsidies should be targeted to low-income ing in coverage to all poor children under age 18. individuals and families. A refundable tax credit For poor workers who have access to employer- equaling 50 percent of the employee share of based private coverage, HIAA supports appro- premium cost could be made available for priate state implementation of recent federal taxpayers at or below the poverty level. Above legislation on a "buy-out" of employed individu- poverty, the percentage credit would decrease als and their families from the Medicaid pro- as income rises and phase out completely at gram. States should pay the poor employees' twice poverty. Advance payment of the tax premium contributions and cost sharing (co- credit through the employer should be made for pays and deductibles) associated with available employees with little or no income tax liability; employer plans when Medicaid outlays would and, government should extend to the self- be reduced on an average per capita basis. This employed the 100 percent tax deduction en- will help ease individuals' transition into economic joyed by other employers (as long as they self-reliance and often improve access to medical provide equal coverage for their employees, if care. they have any). Near-poor individuals who have family in- comes between one and one-and-a-half times the Expand Public Coverage for the Poor federal poverty level should be allowed to "buy and Near Poor into" a package of primary and preventive care Close to 29 percent of the uninsured have family services only. Premiums would be based on a incomes below the federal poverty level ($10,560 sliding scale related to their income. This would for a family of three in 1990). Another 18 percent target government assistance to the primary and have incomes between one and one-and-a-half preventive services the near poor most often forgo Health Insurance Association of America 13 and for which employer-sponsored plans' cost- the cost of treatment, it is imperative to make sharing sometimes presents a financial obstacle. sure that patients get care from physicians (and To assure that no American falls beneath the other providers) who use resources efficiently. poverty level as a consequence of medical Managed care systems build on that premise by expenses, all states should deduct medical ex- selecting panels of providers for their networks penses from income when determining eligibil- who meet specified criteria and who agree to be ity for Medicaid. "Medically needy" or "spend- monitored to assure that they continue to pro- down" programs (and many states have already vide high-quality cost-effective care. Patients are adopted such programs) constitute a last-resort then given financial incentives to choose these financial safety net covering a full range of health providers as their caregivers. By integrating the services. financing and delivery of care, managed care Raising eligibility standards for Medicaid to improves quality while constraining costs. 100 percent of the federal poverty level will give A second major element in effective cost an estimated 9.5 million to 11 million uninsured containment must be improved knowledge about Americans access to Medicaid coverage. (The what constitutes cost-effective care. New tech- Medicaid program currently pays for the care of nologies that promise better care are introduced over 21 million people annually.) These reforms into medical practice, often at great cost, before would increase Medicaid costs by only about 25 anyone has made a careful assessment of their percent while increasing the population served cost-effectiveness or even appropriateness for by the program by about 70 percent. This is certain treatments. Insurers, government, and all because three-quarters of Medicaid spending who pay for medical services have a stake in now goes for long-term care and other services developing better mechanisms and procedures for the elderly and disabled. Medicaid coverage for that assessment. for poor uninsured populations is far less expen- Related to the need for better knowledge sive on a per capita basis. about technologies is the need for better infor- mation about what constitutes good medical Contain Health Care Costs practice. (One symptom of this need is that in Efforts to improve access will be thwarted, at many areas of medicine there is broad variation least to some extent, if no way is found to curb in the treatment of patients with similar condi- the escalation of health care costs. As the cost of tions.) Increased efforts should be directed to care continues to rise, employers who are on the filling the knowledge gap by establishing margin with respect to decisions to offer cover- mechanisms and financing to develop medical age will find coverage unaffordable. Solving the practice guidelines and protocols that define the cost problem is a prerequisite to solving the range of acceptable medical practice for particu- access problem. lar conditions. This task will require a substantial Although there are no simple solutions to the commitment of resources from both govern- cost problem, a key component of any effective ment and the private sector. These kinds of cost containment strategy is the further develop- advances in medical knowledge will help to ment of managed care systems that integrate improve utilization review activities by provid- financing and delivery - HMOs, PPOs, point- ing standards that are accepted by both physi- of-service plans, and the like. Since physicians cians and, very likely, the courts as well. make most of the key decisions that determine Government has a vital role to play in the 14 battle against cost escalation, particularly with respect to technology assessment, protocol de- velopment, and the collection and analysis of data that can be used to develop more accurate measures of cost, use, and medical outcomes. Also necessary is a legal climate that is hospi- table to the growth of managed care. Govern- ment should refrain from limiting insurers' abil- ity to employ appropriate utilization review techniques and should not outlaw managed care plans that require patients to pay significantly more when they opt to get care from non- network providers (thus generating significantly higher costs). Government can help reduce administrative costs by cooperating with industry-wide efforts to utilize common claims forms and expand electronic collection, analysis, and payment of claims. Finally, government has to take the lead in malpractice reform. Such reform includes reducing the incidence of malpractice by en- couraging better risk management activities by providers, taking steps to assure that only com- petent providers treat patients, and making legislative changes in the malpractice system so that awards are appropriate and adjudication does not absorb an excessive percentage of the costs of righting the wrongs done to patients. HIAA Health Insurance Association of America 1025 Connecticut Avenue, N.W. Washington, D.C. 20036-3998 PP191 Statement by the AFL-CIO Executive Council on Health Care February 20, 1990 Bal Harbour, Flordia Our nation is now at a crossroads on health care. Because of cutbacks in public programs, jobs that offer no benefits and efforts by employers to shift health care costs to workers, 50 million Americans have health care coverage that is inadequate to meet their needs and another 37 million have no protection at all. The United States spends $2 billion a day, or 11 percent of its gross national product, on health care. As insurance premiums increase 18 to 30 percent a year, basic health care has moved well beyond the reach of a growing number of working families. This increase also places heavy pressure on employer labor costs. There is no end in sight to this trend. The AFL-CIO through a grassroots health reform campaign is assisting affiliates in defending health benefits against employer attacks and is sending a strong message to Congress that bold and innovative action is urged to address this grave problem. The AFL-CIO stands ready to explore a variety of alternatives, so long as the overall objective is the enactment of health care legislation that deals with the issues of cost, access and quality based on the following ten principles: Universality -- Through federal legislation, make health care a right for all Americans regardless of age, sex, race, health status, employment or income. Health Care -2- Public Accountability -- Assure that the program is administered by an independent entity. Provide opportunity for the participation of labor, management, consumers and the health care community in the development and implementation of the national health care program. Affordability and Accessibility -- Require that health care be provided in a manner which assures that services are affordable and out-of-pocket charges do not limit access. Comprehensiveness -- Assure all Americans a federally- mandated set of comprehensive health care benefits. Develop a national program to provide access to services for long-term and chronic health conditions. Equitable and Progressive Financing -- Require all employers to contribute to the cost of health care benefits for employees, including part-time workers and their dependents. Re- channel federal and state revenue sources and, to the extent necessary, explore other sources of revenue, including tax-based financing. Link employee contributions with ability to pay. Fairness -- Assure that the unemployed, the poor and their dependents have affordable access to health care services. Portability -- Guarantee all Americans, regardless of where they live, access to the same mandated package of benefits. Cost Containment -- Require the development of mechanisms to contain rising health care costs for all payors. Establish guidelines that prohibit physicians and other providers from charging patients more than they are paid under the program. Substantially reduce paper work and red tape in the system and develop health care information systems that will provide consumers, purchasers and providers adequate data on the cost and quality of health care services. Develop a process to manage the expansion or updating of existing health care facilities, as well as the acquisition and proliferation of new health care technology. Quality Assurance -- Develop appropriate mechanisms to encourage the delivery of high quality services and an equitable and cost-effective system for handling medical malpractice. Better coordinate existing medical research and commit the resources necessary to achieve the nation's health care objectives. Public/Private Administration -- Establish national standards for the program at the federal level. Pooled funds should be available at the federal, state or regional level for the purchase of affordable, community-rated coverage administered through insurers or other third parties. ### FACT SHEET on AFL-CIO PRINCIPLES FOR NATIONAL HEALTH CARE REFORM Improving Quality and Administration An entity should be established to administer the national health care program. It should involve the participation of workers, employers, consumers and the health care community. The national health care program should encourage the development of alternative delivery systems. The national administrative entity should develop standards for such systems. This body should coordinate the development and dissemination of guidelines for medical practice. Having practice pattern guidelines available could begin the process of resolving the malpractice crisis. The national administrative entity should take steps to reduce paperwork and red tape in the system. This body should develop standard claim forms to be used in the national health care program. This would help reduce excessive administrative costs currently in the system. This body should develop guidelines for the development of health information systems so that consumers, purchasers and providers can have the information necessary. to assess the quality and cost of services provided under the program. The national administrative entity should make an assessment of the adequacy of the level of existing medical research, as well as the relative distribution of these funds for specific diseases and conditions. Improving Access to Care Health care services should be a right for all Americans, regardless of age, sex, race, income, health status, employment or geographic location. All Americans should have access to a comprehensive federally mandated benefit package. This should include hospital care, physicians services, diagnostic tests and preventive care. These benefits would be the minimum package of services that could be provided by state Medicaid programs. States should be allowed to supplement the federal package for the low income, Medicaid population. These individuals have special health care needs that they cannot afford to address without the support of public programs. For the non-Medicaid population states should not be allowed to mandate that any benefits, in addition to the federally mandated package, be provided. Through collective bargaining, unions could negotiate with employers to obtain additional benefits or reduce any out-of-pocket costs. All Americans should continue to have access to basic benefits when traveling out of their home state or region. A national program must be developed to provide all citizens protection against the high cost of long-term and chronic health conditions. Access to services should not be impeded by out-of-pocket charges required at point of service. Employers should be required to contribute to the cost of health care coverage for all of their workers and their dependents. Individuals could be required to participate in the financing of coverage based on their ability to pay. The federal government, states or regions should establish pools through which affordable community-rated coverage would be made widely available. The pools could be administered by insurance companies or other third parties that would function as intermediaries in the system. Private and public employers and multi-employer plans should be given the option of buying into the pools. States could buy into the pools for the Medicaid population. Retirees not yet eligible for Medicare and other individuals could buy into the pools, with or without an employer contribution, based on their ability to pay. Containing Costs The national health care program should include a system for containing costs for all payors. A national health care expenditure target should be developed to assure that health care spending remains within pre-determined limits. Targets also should be developed for states or regions. Various cost containment mechanisms should be incorporated into the program, such as physicians' fee schedules and limits on hospital charges. States or regions should be given the option of using cost containment techniques developed at the federal level or adopting other alternatives under predetermined federal standards. Balance billing, or the practice by providers of charging patients more than the rate paid to providers, should be prohibited. A system for controlling capital expenditures in hospitals, physicians offices and outpatient centers should be developed and implemented on a state or regional basis. Technology assessment should be better coordinated at the federal level. There should be wide dissemination of information about the efficiency and efficacy of new technology. Health care information systems that provide adequate information to consumers and providers must be developed. II 101ST CONGRESS 2D SESSION S.2163 To amend the Public Health Service Act to establish a lifecare long-term care program, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 22 (legislative day, JANUARY 23), 1990 Mr. KENNEDY (for himself, Mr. SIMON, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources A BILL To amend the Public Health Service Act to establish a lifecare long-term care program, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.-This Act may be cited as the "Life- 5 care Long-Term Care Protection Act". 6 (b) TABLE OF CONTENTS.-The table of contents is as 7 follows: Sec. 1. Short title; table of contents. Sec. 2. Lifecare long-term care protection program. "TITLE XXVI-LIFECARE LONG-TERM CARE PROTECTION PROGRAM 2 "PART A-GENERAL PROVISIONS "Sec. 2601. Definitions. "Sec. 2602. Long-term care agencies. "Sec. 2603. Contribution of State funds. "PART B-COVERAGE OF HOME AND COMMUNITY-BASED CARE SERVICES "Sec. 2611. Benefits. "Sec. 2612. Eligibility. "Sec. 2613. Respite care. "Sec. 2614. Qualified service providers. "Sec. 2615. Payment for services. "Sec. 2616. Home and Community-Based Advisory Council. "Sec. 2617. Quality assurance boards and community advisory boards. "Sec. 2618. Home and community-based care quality assurance. "Sec. 2619. Certification. "Sec. 2620. Reimbursement. "PART C-COVERAGE OF FIRST 6 MONTHS OF NURSING HOME CARE "Sec. 2621. Benefits. "Sec. 2622. Eligibility. "Sec. 2623. Limitations on payment. "Sec. 2624. Reimbursement. "Sec. 2625. Relationship to other entitlement programs. "PART D-INSURANCE COVERAGE FOR NURSING HOME CARE THAT EXCEEDS 6 MONTHS "Sec. 2631. Establishment of Federal Long-Term Care Insurance Program. "Sec. 2632. Eligibility. "Sec. 2633. Premium rates. "Sec. 2634. Benefits. "Sec. 2635. Qualified service providers. "Sec. 2636. Reimbursement. "PART E-TRAINING AND RESEARCH "Sec. 2641. Grants for training for home and community-based care for the elderly. "Sec. 2642. Grants for home health aides. "Sec. 2643. Grants for model consumer training programs. "Sec. 2644. Centers for long-term care planning and technical assistance. "PART F-DEMONSTRATION PROJECTS "Sec. 2651. Demonstration projects for seriously mentally ill individuals. "Sec. 2652. Demonstration projects for working age individuals with severe func- tional limitations. "Sec. 2653. General authority.". Sec. 3. Conforming amendments. Sec. 4. Effective date. S 2163 IS 3 1 SEC. 2. LIFECARE LONG-TERM CARE PROTECTION PROGRAM. 2 The Public Health Service Act is amended- 3 (1) by redesignating title XXVI (42 U.S.C. 4 300aaa et seq.) as title XXVII; 5 (2) by redesignating sections 2601 through 2614 6 (42 U.S.C. 300aaa through 300aaa-13) as sections 7 2701 through 2714, respectively; and 8 (3) by inserting after title XXV the following new 9 title: 10 "TITLE XXVI-LIFECARE LONG- 11 TERM CARE PROTECTION PRO- 12 GRAM 13 "PART A-GENERAL PROVISIONS 14 "SEC. 2601. DEFINITIONS. 15 "As used in this title: 16 "(1) ACTIVITY OF DAILY LIVING.-The term 'ac- 17 tivity of daily living' includes: 18 "(A) BATHING.-Getting water and cleans- 19 ing the whole body, including turning on the 20 water for a bath, shower, or sponge bath, getting 21 to, in, and out of a tub or shower, and washing 22 and drying oneself; 23 "(B) DRESSING.-Getting clothes from clos- 24 ets and drawers and then getting dressed, includ- 25 ing putting on braces or other devices and fasten- 26 ing buttons, zippers, snaps, or other closures, se- S 2163 IS 4 1 lecting appropriate attire, and dressing in the 2 proper order; 3 "(C) TOILETING.-Going to a bathroom for 4 bowel and bladder function, transferring on and 5 off the toilet, cleaning after elimination, and ar- 6 ranging clothes; 7 "(D) TRANSFERRING.-Moving in and out of 8 bed and in and out of a chair or wheelchair; or 9 "(E) EATING.-Transferring food from a 10 plate or its equivalent into the body, including 11 cutting food SO as to make possible safe ingestion. 12 "(2) ADULT DAY HEALTH CARE.-The term 13 'adult day health care' means a community-based 14 group program designed to- 15 "(A) meet the need for adult day health care 16 for functionally impaired individuals in a struc- 17 tured, comprehensive program; and 18 "(B) provide a variety of health and social 19 services furnished by an adult day health care 20 center in an ambulatory group care setting during 21 any part of a day, but on a less than 24-hour 22 basis, to an individual described in section 2612. 23 "(3) ADULT DAY HEALTH CARE CENTER.- 24 "(A) IN GENERAL.-The term 'adult day 25 health care center' means a public agency or pri- S 2163 IS 5 1 vate organization (or a subdivision thereof), with 2 an identifiable administrative unit headed by a Di- 3 rector, that meets such standards for personnel, 4 program, physical characteristics of the facility, 5 recordkeeping, and such other aspects of the func- 6 tion of such center as the Secretary considers nec- 7 essary or desirable for the health, safety, and ef- 8 fective treatment of patients and establishes by 9 regulation. 10 "(B) PROFESSIONAL ORGANIZATION STAND- 11 ARDS.-In promulgating such regulations, the 12 Secretary shall carefully consider certification 13 standards established by the National Council on 14 Aging and its professional membership unit, the 15 National Institute for Adult Day Care. 16 "(C) PERSONNEL.-Such standards shall in- 17 clude the participation in the provision of the 18 services of the center of a multidisciplinary group 19 of personnel that includes at least— 20 "(i) one physician or nurse practitioner, 21 which could be the individual's own physi- 22 cian or nurse practitioner; 23 "(ii) one registered professional nurse; 24 "(iii) one social worker; S 2163 IS 6 1 "(iv) individuals with skills representing 2 physical, recreational, or occupational ther- 3 apy or speech-language pathology; and 4 "(v) a dietitian. 5 "Such personnel may be employed directly by the 6 center or on a consultant basis, as specified by the 7 Secretary by regulation. 8 "(D) STATE CERTIFICATION.-To be con- 9 sidered an adult health care center under this 10 title, a center shall be certified by a State, pursu- 11 ant to regulations issued by the Secretary. 12 "(4) CARE PLAN.- 13 "(A) IN GENERAL.-The term 'care plan' 14 means a plan that has been developed by a Case 15 Management Agency, or a home care or home 16 health agency working under contract with the 17 Case Management Agency to provide case man- 18 agement services. Such a care plan shall be based 19 on the results of a comprehensive needs assess- 20 ment of an eligible individual conducted by a case 21 management team in cooperation with the individ- 22 ual, the family of the individual, or other informal 23 caregivers, and in consultation with such other 24 health professionals as the case management team 25 considers appropriate for the needs of the individ- S 2163 IS 7 1 ual. A care plan developed by a home care or 2 home health agency is subject to review and ap- 3 proval by the Case Management Agency. Any 4 entity performing case management services for 5 individuals determined eligible for services under 6 this title shall not be allowed to self-refer for 7 services included in the care plan of such individ- 8 ual. 9 "(B) CONTENTS.-The plan shall- 10 "(i) include a definition of specific out- 11 come goals on which improvement, reduced 12 rate of decline, maintenance, or improved 13 quality of life for the individual is expected; 14 and 15 "(ii) identify the specific mix of services 16 necessary to meet the outcome goals allotted 17 to the patient and reimbursable under this 18 title as determined by the procedure de- 19 scribed in section 2602. 20 "(5) CASE MANAGEMENT SERVICES.- 21 "(A) IN GENERAL.-The term 'case manage- 22 ment services' means services performed by a 23 case management team that include- 24 "(i) conducting a comprehensive needs 25 assessment in cooperation with an individual S 2163 IS 8 1 and the family of an individual and in consul- 2 tation with such other health professionals 3 (including a physical therapist, occupational 4 therapist, nurse practitioner, certified dieti- 5 tian, or physician) as the case management 6 team considers appropriate for the needs of 7 the individual to assess the physical, social, 8 cognitive, and environmental status of the in- 9 dividual; 10 "(ii) developing, implementing, and 11 modifying (when necessary) the care plan of 12 an individual; 13 "(iii) coordinating the services provided 14 under the care plan; 15 "(iv) monitoring the care plan to ensure 16 the quality, quantity, timeliness, and effec- 17 tiveness of the services; 18 "(v) monitoring the progress of an indi- 19 vidual toward achievement of the goals spec- 20 ified in the care plan; and 21 "(vi) reviewing and revising, as neces- 22 sary, the care plan at least once every three 23 months or earlier in the event that the condi- 24 tion of the individual changes. S 2163 IS 9 1 "(B) REQUIREMENT.-Individuals providing 2 case management services to children and the dis- 3 abled under this Act shall demonstrate their expe- 4 rience with the special needs of these populations. 5 "(6) CASE MANAGEMENT TEAM.-The term 6 'case management team' means a registered profession- 7 al nurse and a qualified social worker (who is licensed 8 or certified, if applicable, in the State in which the in- 9 dividual is providing services), working in consultation 10 with other health professionals as needed, who are em- 11 ployed by a Case Management Agency or by a certi- 12 fied home health agency, home care agency, or other 13 private nonprofit organization under contract with the 14 agency to provide case management services pursuant 15 to the requirements of this title and standards pre- 16 scribed by the Secretary by regulation. Such nurse and 17 social worker shall meet standards of education, train- 18 ing, and experience established by the Secretary by 19 regulation to qualify to provide case management serv- 20 ices under this title. The case management team for 21 any person determined eligible for services under this 22 part, as defined under section 2612(a)(2)(B)(ii), shall 23 also include a physician. 24 "(7) COMPREHENSIVE NEEDS ASSESSMENT.- 25 The term 'comprehensive needs assessment' means a S 2163 IS-2 10 1 comprehensive interdisciplinary assessment of the 2 status and needs of an individual that is conducted by a 3 case management team. The assessment shall address 4 functional status (including activities of daily living), in- 5 strumental activities of daily living (such as housekeep- 6 ing, shopping, transportation, meal preparation, and 7 taking medication), medically defined conditions, drug 8 regimen, nutrition status, mental status, living arrange- 9 ment, and availability of caregiver support. 10 "(8) HEAVY CHORE SERVICES.-The term 'heavy 11 chore services' means heavy cleaning and minor home 12 repair. Chore services may not be used to perform ac- 13 tivities that are the responsibility of a housing author- 14 ity or landlord, or both. Heavy chore services shall be 15 provided by personnel not requiring special training but 16 who work under supervision of the case management 17 agency or other qualified provider. Heavy chore serv- 18 ices include those services determined by a case man- 19 ager to be necessary to protect the health and safety of 20 an individual such as washing floors and walls, wood- 21 cutting, changing storm windows, replacing window 22 panes, door and window locks, installing minor home 23 adaptations, snow shoveling, weatherization, and such 24 other needed heavy chore services as are specified by a 25 case manager. S 2163 IS 11 1 "(9) HOME AND COMMUNITY-BASED CARE SERV- 2 ICES.-The term 'home and community-based care 3 services' means items and services provided to an indi- 4 vidual- 5 "(A) under a written plan of care for furnish- 6 ing such items and services to the individual; 7 "(B) except as provided clauses (iv), (v), and 8 (xii) of subparagraph (C), on a visiting basis in a 9 place of residence of the individual and in other 10 facilities (but not including a nursing home); and 11 "(C) that include- 12 "(i) homemaker services; 13 "(ii) home health aide services; 14 "(iii) heavy chore services; 15 "(iv) adult day health care provided at 16 an adult day health care center; 17 "(v) respite care; 18 "(vi) home mobility aids and minor ad- 19 aptations to the home of the individual that 20 promote independence (such as installation of 21 an emergency alarm system, railings, ramps, 22 and special toilets) that are approved by the 23 case manager and included in the care plan 24 of the individual; S 2163 IS 12 1 "(vii) nursing care provided by or under 2 the supervision of a registered professional 3 nurse; 4 "(viii) medical social work services; 5 "(ix) physical, occupational, or speech 6 therapy or rehabilitative services to preserve 7 and restore functional capability or to pre- 8 vent functional deterioration; 9 "(x) transportation to and from health 10 or social services; 11 "(xi) nutrition and dietary counseling 12 provided by or under the supervision of a 13 qualified dietitian; and 14 "(xii) any of the items and services re- 15 ferred to in clauses (i) through (xi)- 16 "(I) that are provided on an outpa- 17 tient basis, under arrangements made 18 by the case manager, at a hospital or 19 nursing facility, or at a rehabilitation 20 center that meets such standards as 21 may be prescribed in regulation; and 22 "(II) the furnishing of which 23 cannot readily be made available to the 24 individual in such place of residence, or 25 can be provided more economically or S 2163 IS 13 1 effectively in such hospital, facility, or 2 center. 3 "(10) HOME CARE AGENCY.-The term 'home 4 care agency' means an agency in any State that has 5 been certified by the State to provide home care serv- 6 ices pursuant to regulations of the Secretary. Such 7 services include homemaker services, heavy chore serv- 8 ices, and respite services. 9 "(11) HOME HEALTH AGENCY.-The term 'home 10 health agency' means an agency in any State that has 11 been certified by the Secretary to provide home health 12 services. Such services shall include home health aide 13 services, homemaker services, nursing services, respite 14 services, medical social work services, and occupation- 15 al, physical, speech therapy, and nutrition and dietary 16 counseling. 17 "(12) HOME HEALTH AIDE SERVICES.- 18 "(A) IN GENERAL.-The term 'home health 19 aide services' means the services provided by a 20 home health aide who meets such educational, 21 training, and any other requirements as the Secre- 22 tary shall establish by regulation and who is em- 23 ployed by a home health or home care agency or 24 whose services are provided under a contract S 2163 IS 14 1 with, or subcontract on behalf of, a Case Manage- 2 ment Agency. 3 "(B) SERVICES.-Such services shall in- 4 clude- 5 "(i) providing personal care in following 6 the instructions of the case management 7 team of an individual under the supervision 8 of a registered professional nurse or, if ap- 9 propriate, a physical, speech, or occupational 10 therapist; 11 "(ii) assisting the individual with activi- 12 ties of daily living; 13 "(iii) assisting the individual with the 14 taking of medications ordered by a physician, 15 that are ordinarily self-administered; 16 "(iv) assisting and reinforcing the indi- 17 vidual with necessary self-help skills; and 18 "(v) reporting to the registered profes- 19 sional nurse supervisor any change in the 20 condition or family situation of the individual. 21 "(13) HOMEMAKER SERVICES.- 22 "(A) IN GENERAL.-The term 'homemaker 23 services' means services provided by a homemak- 24 er who meets such educational, training, and any 25 other requirements as the Secretary shall establish S 2163 IS 15 1 by regulation and who is employed by a home 2 health or home care agency or who are working 3 under contract with, or subcontract on behalf of, a 4 Case Management Agency. 5 "(B) SERVICES.-Homemaker services may 6 include- 7 "(i) organizing the homemaking activity 8 of the household with the active participation 9 of an individual, if possible, and other re- 10 sponsible family members; 11 "(ii) coordinating efforts of other family 12 members in planning and carrying out the 13 duties necessary for the normal functioning 14 of the household; 15 "(iii) performing routine housekeeping 16 tasks, planning and preparing meals, doing 17 the marketing and simple errands, and taking 18 care of light laundry; 19 "(iv) assisting the individual with per- 20 sonal care services including performing ac- 21 tivities of daily living; and 22 "(v) performing such incidental house- 23 hold services as are essential to the care of 24 an individual at home, such as reporting to a 25 registered professional nurse supervisor S 2163 IS 16 1 changes in the condition or family situation 2 of the individual and following a written case 3 plan established by a case management 4 team. 5 "(14) NURSING FACILITY.- 6 "(A) IN GENERAL.-The term 'nursing facil- 7 ity' means an institution that meets such require- 8 ments as the Secretary shall prescribe by regula- 9 tion to ensure the safe and efficient provision of 10 nursing home services under this title. 11 "(B) REQUIREMENTS.- 12 "(i) REGISTERED PROFESSIONAL 13 NURSE.-All nursing facilities shall maintain 14 at least one registered professional nurse on 15 duty at all times. The Secretary may provide 16 limited waivers of such requirement if- 17 "(I) the facility demonstrates to 18 the satisfaction of the Secretary that it 19 has been unable, despite diligent efforts 20 (including offering wages at the commu- 21 nity prevailing rate) to recruit and 22 retain appropriate personnel; 23 "(II) the Secretary determines that 24 a waiver of the requirement will not en- S 2163 IS 17 1 danger the health, safety, or well being 2 of residents of the facility; 3 "(III) the facility meets any other 4 requirements that the Secretary may es- 5 tablish for the approval of such a 6 waiver; and 7 "(IV) such waiver is not for a 8 period in excess of 6 months, but such 9 may be renewed on a limited basis for 10 additional periods not to exceed 6 11 months. 12 "(ii) REGISTERED PROFESSIONAL 13 SOCIAL WORKER.-All nursing facilities 14 shall maintain at least one full-time regis- 15 tered professional social worker to direct its 16 social services program. 17 "(15) RESPITE CARE.-The term 'respite care' 18 means a temporary break provided to an individual 19 who supplies regular care to a dependent relative or 20 friend. For purposes of this title, the break may not 21 exceed 30 days or 720 hours, in a calendar year. The 22 term includes institutional or noninstitutional patient 23 supervisory services to temporarily relieve the care- 24 giver of an eligible individual as determined by a Care S 2163 IS-3 18 1 Management Agency and included in the care plan of 2 the individual. 3 "(17) SPELL OF ILLNESS.-The term 'spell of ill- 4 ness' means a period of consecutive days beginning 5 with the first day on which an individual is furnished a 6 covered service and ending with the close of the first 6 7 consecutive months thereafter during which the individ- 8 ual is not an inpatient of a hospital or a nursing 9 facility. 10 "SEC. 2602. LONG-TERM CARE AGENCIES. 11 "(a) LONG-TERM CARE SCREENING AGENCY.- 12 "(1) ESTABLISHMENT.-The Secretary shall con- 13 tract with entities to act as Long-Term Care Screening 14 Agencies (hereinafter referred to in this title as the 15 'Screening Agency') for each designated area of a 16 State. It shall be the responsibility of such agency to 17 assess the eligibility of individuals residing in the geo- 18 graphic jurisdiction of the agency, for services provided 19 under this Act according to the requirements of this 20 Act and regulations prescribed by the Secretary. 21 "(2) ELIGIBILITY.-The Screening Agency shall 22 determine the eligibility of an individual based on the 23 results of a preliminary telephone or written question- 24 naire (completed by the applicant, by the caregiver of 25 the applicant, or by the legal guardian or representa- S 2163 IS 19 1 tive of the applicant) that shall be validated through 2 the use of a screening tool administered in person by a 3 physician, nurse practitioner, or registered professional 4 nurse, to each applicant determined eligible through 5 initial telephone or written questionnaire interviews not 6 later than 15 days from the date on which such indi- 7 vidual initially applied for services under this part. 8 "(3) QUESTIONNAIRES AND SCREENING 9 TOOLS.- 10 "(A) IN GENERAL.-The Secretary shall es- 11 tablish a telephone or written questionnaire and a 12 screening tool to be used by the Screening 13 Agency to determine the eligibility of an individ- 14 ual for services under this title consistent with re- 15 quirements of this title and standards established 16 by the Secretary by regulation. 17 "(B) QUESTIONNAIRES.-The questionnaire 18 shall include questions about the functional im- 19 pairment, mental status, and living arrangement 20 of an individual and other criteria that the Secre- 21 tary shall prescribe by regulation. 22 "(C) SCREENING TOOLS.-The screening 23 tool should measure functional impairment caused 24 by physical or cognitive conditions as well as in- 25 formation concerning cognition disability, behav- S 2163 IS 20 1 ioral problems (such as wandering or abusive and 2 aggressive behavior), the living arrangement of an 3 individual, availability of caregivers, and any 4 other criteria that the Secretary shall prescribe by 5 regulation. The screening tool shall be adminis- 6 tered in person. 7 "(4) NOTIFICATION.-Not later than 15 days 8 after the date on which an individual initially applied 9 for services under this part (by phone or written ques- 10 tionnaire), the Screening Agency shall notify such indi- 11 vidual that such individual is not eligible for benefits, 12 or that such individuals must schedule an in-person 13 screening to determine final eligibility for benefits 14 under this title. The Screening Agency shall notify 15 such individual of its final decision not later than 2 16 working days after the in-person screening. 17 "(5) IN-PERSON SCREENING.-An individual (or 18 the legal guardian or representative of such individual) 19 whose application for long-term care benefits under 20 this Act is denied on the basis of information provided 21 through a telephone or written questionnaire, shall be 22 notified of such individual's right to an in-person 23 screening by a nurse or appropriate health care profes- 24 sionals. S 2163 IS 21 1 "(6) APPEALS.-The Secretary shall establish a 2 mechanism for hearings and appeals in cases in which 3 individuals contest the eligibility findings of the Screen- 4 ing Agency. 5 "(7) FUNDING LEVEL.-The Screening Agency 6 shall be responsible for determining the estimated fund- 7 ing level that shall be allotted for individuals eligible 8 for home and community-based care, pursuant to 9 standards established under section 2615(e) and regula- 10 tions of the Secretary. 11 "(b) LONG-TERM CARE CASE MANAGEMENT 12 AGENCY.- 13 "(1) ESTABLISHMENT.-The Secretary shall con- 14 tract with a State or, in any case in which a State de- 15 clines to contract with the Secretary, a private non- 16 profit organization, to establish and administer a Long- 17 Term Care Case Management Agency (hereinafter re- 18 ferred to in this title as 'Case Management Agency') 19 for each designated area of a State. Such agency shall 20 demonstrate expertise in the delivery of health and 21 social services to the chronically ill and disabled pursu- 22 ant to requirements established in this title and such 23 standards as the Secretary may establish by regulation 24 (including standards for training and qualification of 25 personnel, financial responsibility, and governance). S 2163 IS 22 1 "(2) DUTIES.-A Case Management Agency shall 2 provide case management services for eligible individ- 3 uals directly or through contracts with home care or 4 home health agencies that meet the requirements of 5 this title and standards prescribed by the Secretary by 6 regulation for providing case management services. 7 "(3) CARE PLAN.-The Case Management 8 Agency shall develop a care plan for each individual 9 determined to be eligible by a Screening Agency. In 10 developing a care plan for an individual, the Case 11 Management Agency shall design a plan that meets the 12 service needs of the individual, consistent with the re- 13 sources available to the agency. 14 "(4) FUNDING.- 15 "(A) IN GENERAL.-The actual level of 16 funding allotted to an eligible individual by the 17 Case Management Agency to cover services in- 18 cluded in the individual's care plan may fall above 19 or below the estimated annualized level allotted to 20 the individual by the Screening Agency based on 21 the detailed assessment and plan of care provided 22 by the Case Management Agency. 23 "(B) LIMITATION.-The Case Management 24 Agency shall allocate the resources available from 25 the Screening Agency (as described in section S 2163 IS 23 1 2615(a)) to ensure that the total expenditures for 2 home and community-based care for individuals 3 eligible for services covered under this title resid- 4 ing within the geographic jurisdiction of the 5 agency do not exceed the total amount available 6 monthly to the Case Management Agency, pursu- 7 ant to this section, for home and community-based 8 services. The Case Management Agency shall es- 9 tablish specific financial controls (including author- 10 izing the amount, scope, and duration of services 11 to be provided to an individual) to carry out this 12 I subparagraph. 13 "(c) REGISTRY.-A Case Management Agency shall 14 maintain a registry of qualified providers of home and com- 15 munity-based and nursing home care in the State and shall 16 assist individuals in choosing qualified providers to carry out 17 the care plan. An individual eligible for services under this 18 title shall be free to choose from the registry the home care 19 agency, home health agency, or other qualified provider of 20 services to carry out the care plan of such individual. The 21 Case Management Agency shall assist the individual in locat- 22 ing alternative providers if the individual becomes dissatisfied 23 with the provider initially chosen. 24 "(d) MONITORING.-A State shall, along with the Sec- 25 retary, monitor the performance of all designated Case Man- S 2163 IS 24 1 agement Agencies and assure the fiscal stability of such 2 agencies. A State shall act as the financial guarantor of each 3 agency. 4 "SEC. 2603. CONTRIBUTION OF STATE FUNDS. 5 "(a) ESTIMATE.-The Secretary shall estimate the 6 amount that a State would have spent during each calendar 7 year for individuals eligible for long-term care services under 8 each Federal-State entitlement program in the absence of the 9 program established by this title. Such estimate shall be up- 10 dated annually based on the projected increases in the cost of 11 carrying out this title. 12 "(b) CONTRIBUTION.-For residents of a State to be 13 eligible to participate in the program established by this title 14 during a calendar year, the State shall contribute the amount 15 estimated under subsection (a) to the Secretary to share in 16 the costs of providing services to such State residents under 17 the program established by this title for such calendar year. 18 "PART B-COVERAGE OF HOME AND COMMUNITY- 19 BASED CARE SERVICES 20 "SEC. 2611. BENEFITS. 21 "An individual who meets the eligibility criteria pre- 22 scribed in section 2612 shall be eligible under the program 23 established by this part for coverage for home and communi- 24 ty-based care services that are- S 2163 IS 25 1 "(1) determined to be necessary by a Case Man- 2 agement Agency; 3 "(2) described in the care plan of the individual; 4 "(3) services for which the individual is eligible; 5 and 6 "(4) consistent with the need for care of the indi- 7 vidual, regulations issued by the Secretary, and stand- 8 ards established under this part. 9 "SEC. 2612. ELIGIBILITY. 10 "(a) IN GENERAL.-An individual shall be eligible for 11 benefits under this part only if the individual- 12 "(1)(A) is- 13 "(i) 65 years of age or older; or 14 "(ii) eligible for benefits under part A of title 15 ХѴШ of the Social Security Act (42 U.S.C. 16 1395 et seq.) as the result of a disability; and 17 "(B) has been determined by a Screening Agency 18 through a screening process (conducted in accordance 19 with section 2602) to be- 20 "(i) completely dependent (does not partici- 21 pate) in at least one age-appropriate activity of 22 daily living or unable to perform two or more 23 age-appropriate activities of daily living without 24 human assistance or supervision; or S 2163 IS-4 26 1 "(ii) SO cognitively impaired (due to adult 2 onset or acquired chronic organic disease of the 3 brain, occurring in clear consciousness, and in- 4 cluding those individuals who would meet such 5 criteria except for the presence of a transient de- 6 lirium in such individuals) as to require substantial 7 supervision from another individual because such 8 impaired individual engages in inappropriate be- 9 havior that poses a substantial health and safety 10 hazard to such impaired individual or to others; or 11 "(2)(A) is under 19 years of age; and 12 "(B) has been determined by a Screening Agency 13 through a screening process (conducted in accordance 14 with section 2602)- 15 "(i) to be unable to perform two or more 16 age-appropriate activities of daily living without 17 human assistance or supervision; or 18 "(ii) to require both a medical devise to com- 19 pensate for the loss of a vital body function that is 20 necessary to avert death or major loss of bodily 21 functional capacity and substantial and ongoing 22 nursing care to avert death or further disability; 23 or 24 "(3)(A) would be eligible for benefits under title 25 ХѴШ of the Social Security Act (42 U.S.C. 1395 et S 2163 IS 27 1 seq.) on the basis of a disability except for the required 2 24-month waiting period; 3 "(B) has been determined by a Screening Agency 4 through a screening process (conducted in accordance 5 with section 2602) to be completely dependent (does 6 not participate) in at least one age-appropriate activity 7 of daily living or unable to perform two or more age- 8 appropriate activities of daily living without human as- 9 sistance or supervision; and 10 "(C) has a medical prognosis that such individ- 11 ual's life expectancy is 12 months or less. 12 "(b) APPLICATION.-An individual shall be eligible for 13 benefits under this part only if- 14 "(1) the individual has filed an application for, and 15 is in need of, benefits covered under this part; 16 "(2) the legal guardian of the individual has filed 17 an application on behalf of an individual who is in need 18 of benefits covered under this part; or 19 "(3) the representative of an individual who is 20 cognitively impaired, who has no legal guardian, and 21 who is in need of benefits covered under this part, files 22 an application on behalf of the individual. 23 "SEC. 2613. RESPITE CARE. 24 "(a) ELIGIBILITY.-An individual shall be eligible for 25 respite care benefits under this part if- S 2163 IS 28 1 "(1)(A) the individual meets the requirements es- 2 tablished in section 2612; 3 "(B) the individual is dependent on a daily basis 4 on a primary caregiver and is assisting the individual 5 without monetary compensation in the performance of 6 at least two age-appropriate activities of daily living; 7 and 8 "(C) without such assistance the individual could 9 not perform such activities of daily living; or 10 "(2) the individual has dementia or other cognitive 11 impairments, as determined by a Screening Agency. 12 "(b) DETERMINATION OF NEED.-The determination 13 of the need of an individual for respite care shall be made by 14 the Case Management Agency. An analysis of such need 15 shall be included in the care plan of the individual. 16 "(c) SERVICES.-Respite care services under this sec- 17 tion may include home and community-based services or 18 nursing home services described in section 2621(b). 19 "(d) PERIOD OF COVERAGE.-Coverage for such serv- 20 ices shall be for short periods of time of not to exceed 30 days 21 or 720 hours during a given calendar year. 22 "(e) REIMBURSEMENT RATES.-Reimbursement rates 23 for respite care services covered under this section shall be 24 the same as rates established elsewhere in this part for home 25 and community-based services and nursing home services. S 2163 IS 29 1 "SEC. 2614. QUALIFIED SERVICE PROVIDERS. 2 "(a) IN GENERAL.-Services provided to eligible indi- 3 viduals pursuant to a plan of care under this part shall be 4 provided by qualified service providers. 5 "(b) TYPES.-A qualified service provider shall in- 6 clude- 7 "(1) a home care agency certified by the State; 8 "(2) a home health agency certified by the Secre- 9 tary; 10 "(3) an adult day health care center certified by 11 the State; and 12 "(4) other certified or licensed provider of specific 13 services including a registered professional nurse, quali- 14 fied social worker, physician, nurse practitioner, physi- 15 cal, occupational or speech therapist, certified dietitian, 16 and other providers as the Secretary shall designate by 17 regulation that meet standards established by the Sec- 18 retary. 19 "(c) APPROVAL REQUIRED FOR REIMBURSEMENT.- 20 No individual or agency shall be eligible for reimbursement 21 for services provided to an individual under this part unless 22 the Case Management Agency approves the provision of 23 services to such individual or agency. 24 "SEC. 2615. PAYMENT FOR SERVICES. 25 "(a) CASE MANAGEMENT AGENCIES.-The Secretary 26 shall pay an amount monthly to each Case Management S 2163 IS 30 1 Agency that equals the sum of the amounts allotted by the 2 Screening Agency for eligible individuals in the geographic 3 jurisdiction of such Case Management Agency who have 4 been determined by such Screening Agency to be eligible to 5 receive services covered under this part. 6 "(b) SERVICE PROVIDERS.- 7 "(1) DIRECT PAYMENTS.-The Case Manage- 8 ment Agency shall make direct payments to certified 9 home care and home health agencies, and other quali- 10 fied providers of home and community-based services 11 reimbursable under this part, in accordance with such 12 methods as the State may establish pursuant to regula- 13 tions promulgated by the Secretary. 14 "(2) FULL PAYMENT FOR SERVICES.-All provid- 15 ers of home and community-based care services under 16 the program established under this part shall accept 17 payment rates established by the Case Management 18 Agency as payment in full for services and shall not 19 pass on additional charges to beneficiaries for services 20 rendered under a plan of care. 21 "(c) PROVIDERS OF CASE MANAGEMENT SERVICES.- 22 If a Case Management Agency contracts with a home health 23 or home care agency to provide case management services, 24 the Case Management Agency shall make direct payments to 25 such organization in accordance with such methods as the S 2163 IS 31 1 State may establish pursuant to regulations promulgated by 2 the Secretary. 3 "(d) LIMIT ON PAYMENT FOR HOME HEALTH AND 4 COMMUNITY-BASED SERVICES.- 5 "(1) INITIAL PERIOD.-During the 3-year period 6 beginning on the date of enactment of this title, the 7 maximum amount of payments that may be made to a 8 Case Management Agency for home and community- 9 based services provided to an individual who resides in 10 the geographic jurisdiction of the agency and who is el- 11 igible for services under this part shall be, on an an- 12 nualized basis, not more than 65 percent of the aver- 13 age amount payable, including the cost of ancillary 14 services, for the same number of care days in a nursing 15 home under title ХѴШ of the Social Security Act (42 16 U.S.C. 1395 et seq.) in the area in which the home 17 and community-based care is provided. 18 "(2) SUBSEQUENT YEARS.-In years subsequent 19 to the period referred to in paragraph (1), the maxi- 20 mum amount referred to in such paragraph shall be es- 21 tablished by the Secretary according to such prospec- 22 tive payment methods as the Secretary may establish 23 by regulation to assure that no payment is made for 24 home and community-based services that will exceed 25 the cost of an alternative placement in a nursing facili- S 2163 IS 32 1 ty, less a reasonable estimate of the cost of room and 2 board in such facilities or in the community. 3 "(e) AMOUNT OF COVERAGE.- 4 "(1) IN GENERAL.-Subject to subsection (d) and 5 other provisions of this subsection, the amount of cov- 6 erage allotted to an eligible individual shall be the 7 amount necessary to carry out the service needs of the 8 individual. 9 "(2) MAXIMUM AVERAGE AMOUNT.-In the case 10 of an individual in a given geographic area, the aver- 11 age amount payable for such individual shall not 12 exceed an amount determined by multiplying- 13 "(A) the maximum amount prescribed in sub- 14 section (d); by 15 "(B) a measure of the severity of the need 16 for services of the individual. 17 "(3) SEVERITY OF NEED FOR SERVICES.-For 18 purposes of paragraph (2), the severity of the need for 19 services of an individual shall be estimated by such sta- 20 tistical models and techniques, that shall include a 21 measure of the severity of dependency in activities of 22 daily living, cognitive impairment, living arrangement, 23 age, and such other factors as the Secretary shall 24 specify by regulation, except that all individuals deter- 25 mined to be eligible for services under this part shall S 2163 IS 33 1 be presumed to face a monthly need for services of at 2 least 5 percent of the maximum allotment. In deter- 3 mining eligibility, the Secretary shall not use any 4 measures of the income and assets of the individual. 5 Expenditures authorized by this paragraph shall be 6 made only for the services specified in this part in ac- 7 cordance with a written care plan prepared through 8 case management services provided by the Case Man- 9 agement Agency or a home care or home health 10 agency under contract with the agency to provide case 11 management services. 12 "(4) CHRONICALLY-ILL INDIVIDUAL.-The 13 amount of coverage allotted in a month to an eligible 14 individual who is a chronically-ill individual, as de- 15 scribed in section 2612(a)(2)(B)(ii), who resides in a 16 State shall be an amount that the Secretary estimates 17 is equal to 100 percent of the amount that would be 18 payable, under the plan of the State approved under 19 title XIX of the Social Security Act during the month 20 if such individual were provided appropriate care in an 21 appropriate institutional setting, if no limit on amount, 22 duration, or scope of covered institutional services ap- 23 plied other than medical necessity. 24 "(f) COPAYMENT.-The amount payable for home and 25 community-based services under this part shall be reduced by S 2163 IS-5 34 1 a copayment amount equal to 5 percent of the amount of the 2 monthly insurance benefits of the individual under title II of 3 the Social Security Act (42 U.S.C. 401 et seq.), if any, or 10 4 percent of the cost of services provided to the individual, 5 whichever is less. 6 "SEC. 2616. HOME AND COMMUNITY-BASED CARE ADVISORY 7 COUNCIL. 8 "(a) ESTABLISHMENT.-No later than 60 days after 9 the date of enactment of this title, there shall be established 10 an independent body to be known as the 'Home and Commu- 11 nity-Based Care Advisory Council' (hereinafter referred to in 12 this section as the 'Council'). 13 "(b) MEMBERSHIP.- 14 "(1) IN GENERAL.-The Council shall be com- 15 posed of 13 individuals appointed by the Secretary. 16 "(2) EXPERTISE.-To the maximum extent prac- 17 ticable, the Council shall include individuals with ex- 18 pertise in pediatrics, geriatrics, gerontology, disability, 19 case management of home and community-based serv- 20 ices and home and community-based care reimburse- 21 ment, home and community-based care consumers and 22 their representatives, home and community-based care 23 providers and their representatives, professionals with 24 expertise in long-term care including nurses, social 25 workers, discharge planners, third party payors, long- S 2163 IS 35 1 term care ombudsmen, and State and local health and 2 social service agency representatives. 3 "(3) TERM.- An appointment to the Council shall 4 be for a term of not to exceed 4 years. 5 "(c) PURPOSE.-The purpose of the Council shall be- 6 "(1) to assist the Secretary in assuring the prompt 7 and efficient implementation of this part; 8 "(2) to regularly review the implementation of 9 this part; and 10 "(3) to recommend to the Secretary and Congress 11 any necessary modifications of this part. 12 "(d) CONSULTATION.-The Secretary shall regularly 13 and closely consult with the Council in the implementation 14 and administration of this part. 15 "(e) MEETINGS.-To carry out this section, the Secre- 16 tary shall meet with the Council at least once every month 17 during the 24-month period beginning 60 days after the date 18 of enactment of this title and at least quarterly after such 19 period. 20 "SEC. 2617. QUALITY ASSURANCE BOARDS AND COMMUNITY 21 ADVISORY BOARDS. 22 "(a) QUALITY ASSURANCE BOARD.-A State shall es- 23 tablish and appoint members to a quality assurance board 24 that will monitor the quality of care provided under this part S 2163 IS 36 1 in a given area of the State, pursuant to procedures estab- 2 lished by the Secretary by regulation. 3 "(b) COMMUNITY ADVISORY BOARD.-A State shall 4 establish and appoint members to a community advisory 5 board for each Case Management Agency pursuant to regula- 6 tions by the Secretary. The advisory board shall be composed 7 of consumers of services and their families, representatives of 8 agencies and organizations, professionals providing services 9 to the elderly, and public members. Public members and con- 10 sumers and their families shall form a majority of the mem- 11 bers of the advisory board. 12 "SEC. 2618. HOME AND COMMUNITY-BASED CARE QUALITY 13 ASSURANCE. 14 "(a) HOME AND COMMUNITY-BASED CARE SERVICES 15 CONSUMERS' BILL OF RIGHTS.-The Secretary shall pro- 16 mulgate regulations that shall establish a bill of rights for 17 consumers of home and community-based services (hereafter 18 referred to in this section as the 'consumer'), that shall recog- 19 nize the following as the rights of consumers that may be 20 asserted by the consumer or the representative or guardian of 21 the consumer: 22 "(1) TREATMENT OF INDIVIDUAL.-To be treat- 23 ed with courtesy, respect, and full recognition of one's 24 dignity, individuality, and right to control one's own 25 household and lifestyle. S 2163 IS 37 1 "(2) FULL INFORMATION.-To be fully informed 2 by the individual's case management team of his or her 3 condition. 4 "(3) REFUSAL OF TREATMENT.-To refuse all or 5 part of any treatment, care, or service, and to be in- 6 formed of the likely consequences of such refusal. 7 "(4) NONDISCRIMINATION.-To receive treat- 8 ment, care, and services in compliance with all State 9 and local laws and regulations without discrimination 10 in the provision or quality of services based on race, 11 religion, gender, age, or creed (except as provided 12 under the Age Discrimination Act of 1975 (42 U.S.C. 13 6101 et seq.)), or because of a change in the source of 14 payment. 15 "(5) FREEDOM FROM ABUSE.-To be free from 16 mental and physical abuse, neglect, and exploitation, 17 and to be free from chemical and physical restraints. 18 "(6) RESPECT AND PRIVACY.-To receive respect 19 and privacy in the home care consumer's treatment, 20 care, and services in caring for personal needs, in com- 21 munications, and in all daily activities. 22 "(7) CONFIDENTIALITY.-To be assured of the 23 confidential treatment of personal and financial records 24 and to approve or refuse the release of such records to S 2163 IS 38 1 any individuals outside the agency except as otherwise 2 required by law or third-party payment contract. 3 "(8) EXERCISE OF RIGHTS.-To be free to fully 4 exercise the consumer's civil rights and to be assisted 5 in doing SO when assistance is needed. 6 "(9) TRANSITION OF SERVICES.-To receive as- 7 sistance to assure a smooth transition in services con- 8 sistent with the welfare of the home care consumer. 9 "(b) HOME AND COMMUNITY-BASED PROVIDER QUAL- 10 ITY ASSURANCE REQUIREMENTS.- 11 "(1) IN GENERAL.-In addition to such other re- 12 quirements as may apply, the Secretary shall promul- 13 gate regulations that require that in order to receive 14 funding under this title for the provision of home or 15 community-based services (hereinafter referred to in 16 this section as 'services'), all qualified providers shall, 17 not later than 6 months after the date of the publica- 18 tion of such regulations- 19 "(A) comply with the consumers' bill of 20 rights promulgated under subsection (a); 21 "(B)(i) implement procedures for promptly re- 22 viewing and resolving the grievances of consum- 23 ers; and 24 "(ii) provide an oral notification and a writ- 25 ten copy of such procedures to each consumer (or S 2163 IS 39 1 the representative or guardian of the consumer) 2 who receives services provided by a qualified pro- 3 vider; 4 "(C) ensure that each provider employed by 5 or under contract with a home care or home 6 health agency receives training- 7 "(i) sufficient to meet a level of profi- 8 ciency established by the Secretary in regu- 9 lations (in consultation with representatives 10 of the elderly, disabled, and children, home 11 health and home care agencies, and experts 12 in the fields of geriatric nursing, pediatric 13 nursing, geriatric social work, pediatric social 14 work, mental health, rehabilitation, and other 15 appropriate health care professionals) that 16 are appropriate in content and amount as are 17 consistent with the requirements of section 18 4021(b) of the Omnibus Budget Reconcilia- 19 tion Act of 1987; 20 "(ii) that develops separate levels of 21 proficiency in and is reflective of the range of 22 skills required of providers that provide dif- 23 ferent levels of services; and 24 "(iii) the extent of which shall be made 25 available on request to each consumer with S 2163 IS 40 1 respect to the amount of training or level of 2 certification achieved by each provider; 3 "(D) supervise all care providers employed 4 by or under contract with a qualified provider in 5 accordance with regulations promulgated by the 6 Secretary (including regular random on-site super- 7 visory visits by registered nurses or other appro- 8 priate health care professionals); and 9 "(E) perform annual evaluations of the qual- 10 ity of services provided by providers employed by 11 or under contract with a qualified provider that 12 shall document consumer involvement through a 13 process that shall include client interviews. 14 "(2) DURABLE MEDICAL EQUIPMENT SERV- 15 ICES.-In addition to such other requirements as may 16 apply, to receive funding for the provision of durable 17 medical equipment services under this title, a qualified 18 provider shall in each case of a consumer to which 19 such services are provided- 20 "(A) issue written instructions for the oper- 21 ation of such equipment; 22 "(B) provide sufficient training to the con- 23 sumer, the family of the consumer, and the staff 24 to permit the appropriate and safe operation of all 25 such equipment; and S 2163 IS 41 1 "(C) formulate an emergency plan that is ap- 2 propriate for the services provided to the home 3 care consumer. 4 "(c) CASE MANAGEMENT AGENCY QUALITY ASSUR- 5 ANCE REQUIREMENTS.-In addition to such other require- 6 ments as may apply, the Secretary shall promulgate regula- 7 tions requiring that an agency, to receive funding for the pro- 8 vision of case management services under this Act, shall, not 9 later than 6 months after the date of the publication of such 10 regulations- 11 "(1)(A) comply with the consumers' bill of rights 12 promulgated under subsection (a); and 13 "(B) provide an oral notification and a written 14 copy of such bill of rights to each consumer (or the 15 representative or guardian of the consumer) who re- 16 ceives services under this Act; 17 "(2)(A) implement procedures for the prompt 18 review and resolution of the grievances of consumers; 19 and 20 "(B) provide an oral notification and a written 21 copy of such procedures to each consumer (or the rep- 22 resentative or guardian of such consumer) who receives 23 services from the agency; 24 "(3) provide to each consumer (or the representa- 25 tive or guardian of the consumer) a written statement S 2163 IS 42 1 of the services to be provided to the consumer and the 2 schedule for the provision of such services, as agreed 3 on by the consumer; 4 "(4) provide to each consumer a clear written 5 statement as to how the consumer (or the representa- 6 tive or guardian of the consumer), may appeal the ben- 7 efit and level decisions made by the agency; 8 "(5) maintain procedures that assure prompt 9 access by eligible consumers to services; 10 "(6) ensure that the personnel that provide case 11 management services to each consumer have received 12 adequate training as prescribed in regulations promul- 13 gated by the Secretary, in consultation with the appro- 14 priate Home Care Quality Assurance Board; and 15 "(7) establish and implement case management 16 procedures that shall include- 17 "(A) a plan of care that establishes reasona- 18 ble and measurable client objectives and the serv- 19 ices to be provided to meet such objectives; 20 "(B) a plan of care that employs outcome 21 measures of care insofar as they are appropriate 22 and available for each consumer served; 23 "(C) methods for a review that shall be con- 24 ducted at least once during every 3-month period 25 of- S 2163 IS 43 1 "(i) the needs of the consumer; and 2 "(ii) the plan of care for the consumer; 3 "(D) methods for follow-up and on-going 4 monitoring of patient and services delivery; and 5 "(E) a statement of the criteria and proce- 6 dures to be applied for the discharge or transfer of 7 the consumer to another agency, program, or 8 service. 9 "(d) STANDARD AND EXTENDED SURVEY.-Section 10 1891(c) and (d) of the Social Security Act (42 U.S.C. 11 1395bbb(c) and (d)) shall apply to home health agencies certi- 12 fied to receive payments for services provided under this title. 13 "(e) SURVEY.-The Secretary shall develop and imple- 14 ment a standard and extended survey of home care agencies 15 certified to receive payments for services provided under this 16 title. 17 "SEC. 2619. CERTIFICATION. 18 "(a) REQUIREMENT.- 19 "(1) IN GENERAL.-A State shall- 20 "(A) survey home care agencies, home 21 health agencies, and adult day health care centers 22 to determine their eligibility to participate in the 23 program established under this part; and 24 "(B) certify such an agency or center as eli- 25 gible to participate in such program if the agency S 2163 IS 44 1 meets the requirements of this part and regula- 2 tions prescribed by the Secretary. 3 "(2) FREQUENCY.-A State shall conduct the 4 survey and certification required under paragraph (1) 5 not less than once during each fiscal year. 6 "(b) INDIVIDUAL PROVIDERS.- 7 "(1) IN GENERAL.-To be eligible to be reim- 8 bursed for services covered under this part, a qualified 9 service provider referred to in section 2614 shall be li- 10 censed or, if applicable, certified by the State in which 11 the provider practices pursuant to the requirements of 12 this part and regulations prescribed by the Secretary. 13 "(2) HOMEMAKERS AND HOME HEALTH 14 AIDES.-To be reimbursed for services covered under 15 this part, a homemaker or home health aide must be a 16 trained employee of a certified home care or home 17 health agency working under professional supervision. 18 "(3) WAIVER.-The Secretary may waive the 19 certification requirement for providers that do not pro- 20 vide direct patient care. 21 "SEC. 2620. REIMBURSEMENT. 22 "(a) ACCEPTANCE OF REFERRALS AND REIMBURSE- 23 MENT.- 24 "(1) IN GENERAL.-Except as provided in para- 25 graph (2), a home health or home care agency or other S 2163 IS 45 1 provider certified by a State to provide services reim- 2 bursable under this part shall provide services to all in- 3 dividuals referred to the provider by a Case Manage- 4 ment Agency or by an organization under contract 5 with the agency to provide case management services 6 and accept as payment in full the reimbursement 7 amounts provided under this part. 8 "(2) EXCEPTION.-The service requirement im- 9 posed under paragraph (1) shall not apply if the re- 10 quirement would be in conflict with the operating poli- 11 cies under which the provider was certified (such as 12 the maximum number of individuals an agency may 13 care for at any time). 14 "(b) ADDITIONAL SERVICES.-Nothing contained in 15 this part shall be construed to preclude any individual who is 16 eligible to receive services under this part from purchasing 17 home and community-based services that are more generous 18 than services provided for in the care plan of the individual. 19 If an individual purchases more generous services, a provider 20 may not charge such individual higher rates for such services 21 than the amount the provider is reimbursed under this part. 22 "(c) RELATIONSHIP TO OTHER ENTITLEMENT PRO- 23 GRAMS.-Notwithstanding any other provision of law, in the 24 case of any service covered under this part that is also cov- 25 ered under another Federally administered entitlement pro- S 2163 IS 46 1 gram, the Secretary shall act as a secondary payer under this 2 part. 3 "(d) REIMBURSEMENT.-Reimbursement for services 4 provided under this part shall be subject to the requirements 5 of this part and regulations prescribed by the Secretary. 6 "PART C-COVERAGE OF FIRST 6 MONTHS OF 7 NURSING HOME CARE 8 "SEC. 2621. BENEFITS. 9 "(a) IN GENERAL.Subject to subsection (c), an indi- 10 vidual who meets the eligibility criteria prescribed in section 11 2622 shall be eligible under the program established by this 12 part for coverage for services described in subsection (b) pro- 13 vided to the individual by a nursing facility that are required 14 by the individual, while the individual is an inpatient of the 15 facility, for a period of time not to exceed 6 months for a spell 16 of illness. 17 "(b) TYPES.-Coverage may be provided under this 18 part for- 19 "(1) nursing care provided by or under the super- 20 vision of a registered professional nurse; 21 "(2) bed and board in connection with the furnish- 22 ing of nursing care; 23 "(3) physical, occupational, or speech therapy fur- 24 nished by a facility or by others under arrangements 25 with a facility; S 2163 IS 47 1 "(4) medical social services; 2 "(5) drug, biological, supply, appliance, and equip- 3 ment for use in the facility, that is ordinarily furnished 4 by the facility for the care and treatment of an inpa- 5 tient; 6 "(6) medical service of an intern or resident-in- 7 training under an approved teaching program of a hos- 8 pital with which a facility has in effect a transfer 9 agreement or other diagnostic or therapeutic service 10 provided by a hospital with which a facility has in 11 effect a transfer agreement; and 12 "(7) such other health services necessary to the 13 health of a patient as are generally provided by a nurs- 14 ing home facility. 15 "(c) BENEFITS AFTER COVERED STAYS.-An individ- 16 ual shall be eligible for additional nursing home coverage 17 under this part subsequent to a covered stay if- 18 "(1) the individual has not been an inpatient in a 19 hospital or nursing facility for at least 6 consecutive 20 months after any covered stay; and 21 "(2)(A) the individual has a diagnosis that is dif- 22 ferent than that provided for the preceding nursing 23 home stay; or S 2163 IS 48 1 "(B) there has been a substantial worsening of the 2 condition of the individual since the latest discharge of 3 the individual. 4 "SEC. 2622. ELIGIBILITY. 5 "(a) IN GENERAL.-An individual shall be eligible for 6 benefits under this part if- 7 "(1)(A) the individual is- 8 "(i) 65 years of age or older; or 9 "(ii) eligible for benefits under Part A of title 10 ХѴШ of the Social Security Act (42 U.S.C. 11 1395 et seq.) as the result of disability; and 12 "(B) has been determined by a Screening Agency 13 through a screening process (conducted in accordance 14 with section 2602) to be- 15 "(i) completely dependent with respect to at 16 least one activity of daily living or unable to per- 17 form two or more activities of daily living without 18 human assistance or supervision; or 19 "(ii) SO cognitively impaired (due to adult 20 onset or acquired chronic organic disease of the 21 brain, occurring in clear consciousness, and in- 22 cluding those individuals who would meet such 23 criteria except for the presence of a transient de- 24 lirium in such individuals) as to require substantial 25 supervision from another individual because such S 2163 IS 49 1 impaired individual engages in inappropriate be- 2 havior that poses a substantial health and safety 3 hazard to such impaired individual or to others; 4 "(2)(A) the individual is under 19 years of age; 5 and 6 "(B) has been determined by a Screening Agency 7 through a screening process (conducted in accordance 8 with section 2602)- 9 "(i) to be unable to perform two or more 10 age-appropriate activities of daily living without 11 human assistance or supervision; or 12 "(ii) to require both a medical devise to com- 13 pensate for the loss of a vital body function that is 14 necessary to avert death or major loss of bodily 15 functional capacity and substantial and ongoing 16 nursing care to avert death or further disability; 17 "(3) the individual (or legal guardian) has filed an 18 application for such benefits, and is in need of, benefits 19 covered under this title; 20 "(4) receiving nursing home services in a nursing 21 facility would be in the best interest of the individual; 22 and 23 "(5) the Secretary determines that the individual 24 meets the eligibility requirements imposed under this 25 subsection. S 2163 IS 50 1 "(b) CURRENT INDIVIDUALS.-An individual who is in 2 a hospital or nursing home on the date of the enrollment of 3 the individual in the program established by this part shall be 4 ineligible for coverage under this section until the individual's 5 first spell of illness beginning after such date. 6 "SEC. 2623. LIMITATIONS ON PAYMENT. 7 "(a) IN GENERAL.-Monthly reimbursement for nursing 8 home services covered under this part shall be an amount the 9 Secretary determines to be reasonable and appropriate, 10 taking into account the average cost of providing appropriate 11 care. 12 "(b) PROSPECTIVE PAYMENT.-To the extent feasible, 13 the Secretary shall establish a prospective payment mecha- 14 nism for payment for nursing home services covered under 15 this part that takes into account the expected resource utili- 16 zation of individual patients based on the degree of impair- 17 ment of the patients and other factors affecting service re- 18 quirements. 19 "SEC. 2624. REIMBURSEMENT. 20 "Certified nursing homes shall accept payment for serv- 21 ices rendered under this part as payment in full and shall not 22 be allowed to pass on additional charges to beneficiaries for 23 covered services. S 2163 IS 51 1 "SEC. 2625. RELATIONSHIP TO OTHER ENTITLEMENT PRO- 2 GRAMS. 3 "Notwithstanding any other provision of law, in the 4 case of any service covered under this part that is also cov- 5 ered under any other Federally administered entitlement pro- 6 gram, the Secretary shall act as a secondary payer under this 7 part. 8 "PART D-INSURANCE COVERAGE FOR NURSING 9 HOME CARE THAT EXCEEDS 6 MONTHS 10 "SEC. 2631. ESTABLISHMENT OF FEDERAL LONG-TERM CARE 11 INSURANCE PROGRAM. 12 "The Secretary shall establish an optional insurance 13 program for individuals 45 and over to cover nursing home 14 stays that exceed 6 months. 15 "SEC. 2632. ELIGIBILITY. 16 "(a) DETERMINATION.- 17 "(1) IN GENERAL.-A Screening Agency shall 18 determine whether an individual is eligible to receive 19 benefits covered under this part. 20 "(2) SCREENING TOOL.-The agency shall use 21 the same screening the first 6 months of nursing home 22 care under part C in order to determine the continued 23 need of an individual for nursing home care and there- 24 fore eligibility for benefits under this part. 25 "(3) PERIODIC EVALUATION.-The Case Man- 26 agement Agency shall continue to make such an eval- S 2163 IS 52 1 uation periodically, pursuant to regulations of the Sec- 2 retary, as long as an individual remains in a nursing 3 home. 4 "(b) ELECTION OF COVERAGE.- 5 "(1) IN GENERAL.-Subject to the other provi- 6 sions of this subsection, an individual shall have the 7 option to purchase coverage under this part at 45 8 years of age or at 65 years of age. 9 "(2) INITIAL YEAR.-During the 1-year period 10 beginning on the effective date of this part, an individ- 11 ual who is 45 years of age or over shall be eligible to 12 purchase insurance under this part, except that such an 13 individual shall not be eligible to purchase insurance 14 while confined to a hospital or nursing home or within 15 6 months after a period of confinement in a nursing 16 home or 90 days after a period of confinement in a 17 hospital. 18 "(3) EXTENSION BEYOND INITIAL YEAR.-If an 19 individual is confined to a nursing home or hospital 20 during a period that extends beyond the first year after 21 the effective date of this part, an individual shall be eli- 22 gible to enroll in the program established by this part 23 during the 60-day period beginning after the individ- 24 ual's first spell of illness. S 2163 IS 53 1 "(4) SUBSEQUENT YEARS.-During years subse- 2 quent to the period referred to in paragraph (2), an in- 3 dividual shall be eligible to purchase insurance under 4 this part within 6 months of the 45th or 65th birthday 5 of the individual. 6 "(5) ACTIVATION OF BENEFITS.-To receive cov- 7 erage under the insurance program established by this 8 part, an individual shall have purchased such coverage 9 at least 1 month prior to admission to a nursing facili- 10 ty, unless the reason for the need of services is because 11 of an accident or stroke subsequent to the date that 12 such individual signed up for coverage under this part. 13 "SEC. 2633. PREMIUM RATES. 14 "(a) IN GENERAL.-The Secretary shall determine one 15 premium rate for individuals electing to purchase coverage 16 under this part at age 45 (or between ages 45 and 64 during 17 the initial enrollment period) and a separate rate for those 18 who elect such coverage at age 65 (or at age 65 and over 19 during the initial enrollment period). 20 "(b) REVISION.-The Secretary shall revise the premi- 21 ums annually. 22 "(c) RATES.-In developing premium rates under the 23 program established by this part, the Secretary shall establish 24 rates that are expected to cover 45 percent of the estimated S 2163 IS 54 1 costs of nursing home stays that exceed 6 months for those 2 individuals enrolled in the program. 3 "(d) COST SHARING FOR LOW-INCOME INDIVID- 4 UALS.- 5 "(1) IN GENERAL.-Subject to paragraph (2), the 6 Secretary shall pay- 7 "(A) an amount equal to 100 percent of the 8 amount of the premium charged an eligible indi- 9 vidual under this section if the income of the indi- 10 vidual does not exceed 100 percent of the poverty 11 line for a single individual (as defined in section 12 673(2) of the Community Services Block Grant 13 Act (42 U.S.C. 9902(2))); 14 "(B) an amount equal to 75 percent of the 15 amount of the premium charged an eligible indi- 16 vidual under this section if the income of the indi- 17 vidual is between 100 percent and 150 percent of 18 the poverty line for a single individual (as defined 19 in section 673(2) of the Community Services 20 Block Grant Act (42 U.S.C. 9902(2))); and 21 "(C) an amount equal to 50 percent of the 22 amount of the premium charged an eligible indi- 23 vidual under this section if the income of the indi- 24 vidual is between 150 percent and 200 percent of 25 the poverty line for a single individual (as defined S 2163 IS 55 1 in section 673(2) of the Community Services 2 Block Grant Act (42 U.S.C. 9902(2))). 3 "(2) MINIMUM PAYMENT.-Notwithstanding 4 paragraph (1), an eligible individual who elects to pur- 5 chase insurance under this part shall pay not less than 6 $5 per month as part of the premium for such insur- 7 ance. 8 "SEC. 2634. BENEFITS. 9 "(a) TYPES.-An eligible individual who elects to pur- 10 chase insurance under this part shall be eligible to receive 11 from a nursing facility for an unlimited period of time (contin- 12 gent on the continued need of the individual for services)- 13 "(1) nursing care, provided by or under the super- 14 vision of a registered professional nurse; 15 "(2) physical, occupational, or speech therapy fur- 16 nished by the facility or by others under arrangements 17 with the facility; 18 "(3) medical social services; 19 "(4) drugs, biologicals, supplies, appliances, and 20 equipment for use in the facility, that are ordinarily 21 furnished by the facility for the care and treatment of 22 inpatients; 23 "(5) medical services of interns and residents-in- 24 training under an approved teaching program of a hos- 25 pital with which the facility has in effect a transfer S 2163 IS 56 1 agreement and other diagnostic or therapeutic services 2 provided by a hospital with which the facility has in 3 effect a transfer agreement; and 4 "(6) such other health services necessary to the 5 health of patients as are generally provided by nursing 6 facilities. 7 "(b) DURATION.-The duration of benefits covered 8 under this part shall be unlimited as long as the Case Man- 9 agement Agency determines, through its periodic review of a 10 patient, that the patient continues to require nursing home 11 services. 12 "SEC. 2635. QUALIFIED SERVICE PROVIDERS. 13 "(a) IN GENERAL-Covered nursing home services 14 under this part shall be provided by qualified service 15 providers. 16 "(b) TYPES.-A provider shall be considered a qualified 17 service provider under this part if the provider is a nursing 18 facility that is certified by the State and meets the require- 19 ments of this part and any other standards established by the 20 Secretary by regulation for the safe and efficient provision of 21 services covered under this part. 22 "SEC. 2636. REIMBURSEMENT. 23 "(a) AMOUNT.-Monthly reimbursement for nursing 24 home services under this part shall be 65 percent of the 25 amount the Secretary determines to be reasonable and appro- S 2163 IS 57 1 priate to cover the cost of care provided under this part, 2 taking into account the average cost of providing appropriate 3 care in the most efficient manner. 4 "(b) PROSPECTIVE PAYMENT.-To the extent feasible, 5 the Secretary shall establish a prospective payment mecha- 6 nism for payment for nursing home services under this part 7 that takes into account the expected resource utilization of 8 individual patients based on their degree of disability and 9 other factors determining service requirements. 10 "(c) ROOM AND BOARD.- 11 "(1) IN GENERAL.-Notwithstanding section 12 2632(b)(2), payment for room and board under this part 13 shall be made by an individual participating in the pro- 14 gram established by this part for those days spent in a 15 nursing facility beyond 6 months. 16 "(2) MANNER OF PAYMENT.-Such payments for 17 room and board shall be made by an individual directly 18 to the nursing facility. 19 "(3) RATES.-Charges for room and board shall 20 be 35 percent of the average per diem rate paid by the 21 Secretary to nursing facilities receiving reimbursement 22 under this part. S 2163 IS 58 1 "PART E-TRAINING AND RESEARCH 2 "SEC. 2641. GRANTS FOR TRAINING FOR HOME AND COMMUNI- 3 TY-BASED CARE FOR THE ELDERLY. 4 "(a) IN GENERAL.-The Secretary shall make grants to 5 schools of nursing, social work, allied health, and public 6 health of accredited universities to develop and conduct pro- 7 grams to train individuals in the provision, supervision, plan- 8 ning, and analysis of home and community-based care and 9 nursing home care for the elderly, disabled, and chronically ill 10 children and in the administration of such programs. 11 "(b) USE OF FUNDS.-Funding made available under 12 this section may be used for curriculum development, faculty 13 support, and traineeships and fellowships. 14 "(c) GRANT PREFERENCES.-In awarding grants under 15 this section, the Secretary shall give a preference to pro- 16 grams that- 17 "(1) provide for the development or conduct of 18. programs for continuing education and certification of 19 professionals currently working in the field of geriatric 20 health in the provision of services to the chronically 21 impaired and working in the field of pediatric care spe- 22 cialization in the provision of care services to chron- 23 ically ill, disabled, and medical technology dependent 24 children; 25 "(2) have established or will establish affiliations 26 with nursing homes, agencies providing home and com- S 2163 IS 59 1 munity-based care, senior citizen centers, adult day 2 care centers, and other institutions and agencies pro- 3 viding health and social services to the impaired elder- 4 ly, for the purpose of providing in-service training to 5 individuals being trained at the grant-receiving institu- 6 tion and technical assistance to the institution provid- 7 ing services; and 8 "(3) have established or will establish affiliations 9 with programs of geriatric training based in accredited 10 medical schools or schools of nursing, or both. 11 "(d) AUTHORIZATION OF APPROPRIATIONS.-There 12 are authorized to be appropriated to carry out this section 13 $15,000,000 for fiscal year 1991, $20,000,000 for fiscal year 14 1992, and $25,000,000 for fiscal year 1993. 15 "SEC. 2642. GRANTS FOR HOME HEALTH AIDES. 16 "(a) IN GENERAL.-The Secretary shall make grants to 17 State approved programs (that meet requirements established 18 by the Secretary relating to minimum course hours, curricu- 19 lum content, competency evaluation, and qualifications of in- 20 structors) to develop and conduct programs to train individ- 21 uals in the provision of home health aide services. Such train- 22 ing programs shall be designed and conducted according to 23 guidelines and requirements established by the Secretary by 24 regulation. S 2163 IS 60 1 "(b) GRANT PREFERENCES.-Preferene shall be given 2 to programs that have established or will have established 3 affiliations with nursing homes, agencies providing home and 4 community-based care, senior citizen centers, adult day 5 health care centers, and other institutions providing health 6 and social services to the impaired elderly, for the purpose of 7 providing in-service training to individuals being trained at 8 the grant-receiving program and technical assistance to the 9 institution providing services. 10 "(c) AUTHORIZATION OF APPROPRIATIONS.-There 11 are authorized to be appropriated to carry out this section 12 $10,000,000 for each of the fiscal years 1991 and 1992 and 13 $25,000,000 for fiscal year 1993. 14 "SEC. 2643. GRANTS FOR MODEL CONSUMER TRAINING PRO- 15 GRAMS. 16 "(a) IN GENERAL.-The Secretary shall make grants 17 available to accredited university schools of nursing to devel- 18 op model consumer training programs. Such programs shall 19 provide information and training about the delivery of home 20 care services for caregivers as well as general information 21 about the home and community-based care service system for 22 consumers or potential consumers of home care or home 23 health services, or both, pursuant to regulations established 24 by the Secretary. S 2163 IS 61 1 "(b) AUTHORIZATION OF APPROPRIATIONS.-There 2 are authorized to be appropriated to carry out this section 3 $5,000,000 for fiscal year 1991, $10,000,000 for fiscal year 4 1992, and $15,000,000 for fiscal year 1993. 5 "SEC. 2644. CENTERS FOR LONG-TERM CARE PLANNING AND 6 TECHNICAL ASSISTANCE. 7 "(a) IN GENERAL.-The Secretary shall through grants 8 or contracts, or both, assist public or private nonprofit enti- 9 ties in meeting the costs of planning and developing new cen- 10 ters, and operating existing and new centers, for multidisci- 11 plinary health planning development and assistance under 12 this section for the purpose of- 13 "(1) assisting the Secretary in carrying out this 14 part; 15 "(2) providing such technical and consulting as- 16 sistance as States may require; 17 "(3) conducting research, studies, and analysis of 18 planning and resource development for the provision of 19 long-term care services; and 20 "(4) developing long-term care planning approach- 21 es, methodologies, policies, and standards. 22 "(b) NUMBER OF CENTERS.-The Secretary shall pro- 23 vide assistance under this section SO that at least 6 such cen- 24 ters shall be in operation by January 1, 1992. S 2163 IS 62 1 "(c) CASE-MANAGEMENT AGENCIES.-Agencies as- 2 sisted under this section- 3 "(1) may enter into arrangements with Case Man- 4 agement Agencies for the provision of such services as 5 may be appropriate and necessary in assisting the 6 agencies in performing their functions under this part; 7 and 8 "(2) shall develop and use methods (satisfactory to 9 the Secretary) to disseminate to such agencies long- 10 term care planning approaches, methodologies, policies, 11 and standards. 12 "(d) STAFF.- 13 "(1) DIRECTOR.-Each center shall have a full- 14 time director who possesses a demonstrated capacity 15 for substantial accomplishment and leadership in the 16 field of planning and resource development in the area 17 of long-term care. 18 "(2) ADDITIONAL STAFF.-Each center shall 19 employ such other additional staff as may be appropri- 20 ate. The staff of the center shall meet such additional 21 requirements as the Secretary may by regulation pre- 22 scribe. 23 "(e) AUTHORIZATION OF APPROPRIATIONS.-There 24 are authorized to be appropriated to carry out this section S 2163 IS 63 1 $10,000,000 for fiscal year 1991 and $15,000,000 for each 2 of the fiscal years 1992 and 1993. 3 "PART F-DEMONSTRATION PROJECTS 4 "SEC. 2651. DEMONSTRATION PROJECTS FOR SERIOUSLY MEN- 5 TALLY ILL INDIVIDUALS. 6 "(a) IN GENERAL.-The Secretary shall conduct at 7 least 5 (but not more than 10) demonstration projects to de- 8 termine the relative effectiveness, cost, and impact on quality 9 of long-term home care of using different models of providing 10 and reimbursing long-term home care services for seriously 11 mentally ill individuals and family caregivers. 12 "(b) DEFINITION.-As used in this section, the term 13 'seriously mentally ill individual" means an individual who is a 14 licensed mental health professional in the individual's State of 15 residence certifies— 16 "(1) has schizophrenia, bipolar or unipolar disor- 17 der or other significant mental illness that restrict the 18 ability of the individual to function in activities of daily 19 living, employment, and social interaction; 20 "(2) has been previously institutionalized or is at 21 risk of being institutionalized in the absence of the 22 services provided under this section; and 23 "(3) is not institutionalized at the time of the 24 certification. S 2163 IS 64 1 "(c) REQUIREMENTS.-Demonstration projects con- 2 ducted under this section shall- 3 "(1) each be conducted over a period of 3 years; 4 "(2) be conducted in sites that are chosen to be 5 geographically diverse and include at least one rural 6 site; 7 "(3) be sensitive to the needs of racial and ethnic 8 minorities; 9 "(4) include outreach and case management ac- 10 tivities; 11 "(5) be responsive to family needs and concerns 12 and appropriately involve and consult with family 13 members regarding the provision of services under this 14 section; 15 "(6) specify, at the time of application, specific 16 outcome expectations to be met by the project and 17 identify appropriate mechanisms for measuring such 18 outcomes; and 19 "(7) include testing the use of different agencies 20 as Case Management Agencies and providing for the 21 selection of such agencies in consultation with the 22 Comptroller General. 23 "(d) OTHER projects con- 24 ducted under this subsection may- S 2163 IS 65 1 "(1) provide services or reimbursement for nursing 2 care, homemaker or homehealth aide services, psycho- 3 social services, medical services, including the provi- 4 sion, monitoring, and testing of necessary medications, 5 client and family education, training, and counseling, 6 respite care, crisis intervention, information and refer- 7 ral services, and rehabilitation; and 8 "(2) provide services to seriously mentally ill indi- 9 viduals or provide services to home caregivers (includ- 10 ing family members) when such services augment and 11 support home caregivers in the care of seriously men- 12 tally ill individuals. 13 "(e) EVALUATION.-The Secretary shall provide for the 14 evaluation of the projects on a concurrent basis and shall 15 prepare and submit to the appropriate Committees of Con- 16 gress, not later than 18 months after the initiation of the 17 projects and on the completion of the projects, a report on the 18 findings of the evaluation. Such evaluation shall measure the 19 cost and effectiveness of funded projects against the outcome 20 expectations identified in the initial applications and include 21 relevant data on client and family satisfaction and perceived 22 benefits, together with such additional information as the 23 Secretary may consider appropriate. 24 "(f) AUTHORIZATION OF APPROPRIATIONS.-There 25 are authorized to be appropriated to carry out this section for S 2163 IS 66 1 each of the fiscal years 1991, 1992, and 1993, not to exceed 2 $10,000,000 to carry out demonstration projects under this 3 section and not to exceed $1,000,000 to carry out the eval- 4 uation of such projects under subsection (e). 5 "SEC. 2652. DEMONSTRATION PROJECTS FOR WORKING AGE 6 INDIVIDUALS WITH SEVERE FUNCTIONAL LIMI- 7 TATIONS. 8 "(a) IN GENERAL.-The Secretary shall conduct at 9 least 5 and not more than 10 demonstration projects to deter- 10 mine the feasibility of providing long-term home care benefits 11 for working-age individuals with severe functional limitations 12 (as defined in subsection (b)). 13 "(b) DEFINITION.-As used in this section, the term 14 'working-age individual with severe functional limitations' 15 means an individual who is over 18 years of age, but under 16 65 years of age, who is not entitled to benefits under title 17 ХѴШ of the Social Security Act but who is a chronically ill 18 individual, within the meaning of section 1861(jj)(1)(A)(i) of 19 such Act. 20 "(c) REQUIREMENTS.-Demonstration projects under 21 this section- 22 "(1) shall include, in the items and services cov- 23 ered under long-term home care, personal care serv- 24 ices, short term respite, and emergency assistance and 25 shall permit coverage of items and services provided S 2163 IS 67 1 either by home health agencies or by other qualified 2 persons; 3 "(2) may provide for limited cost-sharing for long- 4 term home care; 5 "(3) shall provide that payment rates for long- 6 term home care provided by persons other than home 7 health agencies shall be comparable to the payment 8 rates for such care provided by home health agencies; 9 "(4) shall provide that each plan of care for an in- 10 dividual shall take into account the capability of the in- 11 dividual to direct the long-term home care of the indi- 12 vidual and to train persons in providing that care; 13 "(5) shall test the effectiveness of consumer-di- 14 rected living centers that are primarily engaged in as- 15 sisting working age individuals with severe functional 16 limitations in maximizing their independence; 17 "(6) shall, to the maximum extent practicable, 18 cover working age individuals with severe functional 19 limitations who- 20 "(A) are at imminent risk of institutionaliza- 21 tion within 30 days if such individual is not pro- 22 vided long-term home care; 23 "(B) are institutionalized but who, if provid- 24 ed long-term home care, could be discharged from 25 the institution; or S 2163 IS 68 1 "(C) need long-term home care to secure or 2 continue employment, to increase independence, 3 to enable present caregivers to secure or continue 4 employment, or to stabilize families; 5 "(7) shall include projects under which personal 6 care services are made available away from the pri- 7 mary residence of the individual, as well as at that res- 8 idence; and 9 "(8) shall include projects under which family 10 members may be employed as caregivers if the family 11 members would be employed if not providing such care 12 or if the individual requires more than 20 hours a week 13 of long-term home care. 14 "(d) CONSULTATION, EVALUATION, REPORT.- 15 "(1) CONSULTATION.-In designing and evaluat- 16 ing the projects conducted under this section, the Sec- 17 retary shall consult with experts in the field of disabil- 18 ity policy and independent living and with groups rep- 19 resenting working age individuals with severe function- 20 al limitations. 21 "(2) EVALUATION.-The Secretary shall provide 22 for the evaluation of the projects conducted under this 23 section on a concurrent basis. Such evaluation shall in- 24 clude an evaluation of the size of the demand, cost, rel- 25 ative effectiveness, and impact on quality of life, of S 2163 IS 69 1 providing long-term home care to working age individ- 2 uals with severe functional limitations. 3 "(3) REPORT.-Not later than 18 months after 4 the date on which the projects conducted under this 5 section are completed, the Secretary shall prepare and 6 submit, to the appropriate Committees of Congress, a 7 report concerning the findings of the evaluation under 8 paragraph (2). The Secretary shall include in such 9 report recommendations for appropriate legislative 10 changes. 11 "(e) AUTHORIZATION OF APPROPRIATIONS.-There 12 are authorized to be appropriated - 13 "(1) for each of fiscal years 1991, 1992, and 14 1993 not to exceed $10,000,000 to carry out demon- 15 stration projects under this section; and 16 "(2) for the 3-fiscal-year period beginning with 17 fiscal year 1991 not to exceed $1,000,000 to carry out 18 the evaluation of such projects under this section. 19 "SEC. 2653. GENERAL AUTHORITY. 20 "(a) PAYMENTS.-Payments under demonstration 21 projects under this part may be made in advance or by way of 22 reimbursement, as may be determined by the Secretary, and 23 shall be made in such installments and on such conditions as 24 the Secretary finds necessary to carry out the purpose of this 25 section. S 2163 IS 70 1 "(b) SOCIAL SECURITY Аст.-The Secretary may 2 waive such requirements of title ХѴШ of the Social Security 3 Act as may be required to carry out demonstration projects 4 under this section.". 5 SEC. 3. CONFORMING AMENDMENTS. 6 (a) Section 305(i) of the Public Health Service (42 7 U.S.C. 242c(i)) is amended by striking out "2511" each 8 place it appears and inserting in lieu thereof "2713". 9 (b) Sections 406(a)(2), 480(a)(2), 485(a)(2), and 505(a)(2) 10 of such Act (42 U.S.C. 284a(a)(2), 287a(a)(2), 287c-2(a)(2), 11 and 290aa-3a(a)(2)) are each amended by striking out 12 "2101" and inserting in lieu thereof "2701". 13 (c) Sections 465(f) and 497 of such Act (42 U.S.C. 286f 14 and 289f) are each amended by striking out "2601" and in- 15 serting in lieu thereof "2701". 16 SEC. 4. EFFECTIVE DATE. 17 (a) IN GENERAL.-Except as otherwise provided in this 18 section, this Act and the amendments made by this Act shall 19 become effective on the date of enactment of this Act. 20 (b) COVERAGE OF HOME AND COMMUNITY-BASED 21 CARE SERVICES.-Part B of title XXVI of the Public 22 Health Service Act (as added by section 2 of this Act) shall 23 require payment for services provided in accordance with 24 such part after 1 year after the date of enactment of this Act. S 2163 IS 71 1 (c) COVERAGE FOR NURSING HOME CARE.-Part C of 2 such title shall apply to nursing home care provided in ac- 3 cordance with such part on or after January 1 of the third 4 year that begins after the date of enactment of this Act. 5 (d) FEDERAL LONG-TERM CARE INSURANCE PRO- 6 GRAM.-Part D of such title shall require the establishment 7 of a Federal long-term care insurance program in accordance 8 with such part on and after January of the second year that 9 begins after the date of enactment of this Act. Payment for 10 nursing care under such part shall begin on January 1 of 11 third year that begins after the date of enactment of this Act. 12 (e) TRAINING AND RESEARCH.-Part E of such title 13 shall require training and research programs in accordance 14 with such part on and after January 1, 1991. o S 2163 IS I 101ST CONGRESS 2D SESSION H.R.4070 To provide for universal access to basic group health benefits coverage and to remove barriers and provide incentives in order to make such coverage more affordable. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 1990 Mr. GRANDY (for himself, Mr. GOODLING, and Mr. BUNNING) introduced the fol- lowing bill; which was referred jointly to the Committees on Education and Labor, Ways and Means, and Energy and Commerce A BILL To provide for universal access to basic group health benefits coverage and to remove barriers and provide incentives in order to make such coverage more affordable. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Universal Health Bene- 5 fits Empowerment and Partnership Act of 1990". 6 SEC. 2. FINDINGS AND DECLARATION OF POLICY. 7 (a) FINDINGS.-The Congress finds that- 2 1 (1) the health care delivery system of the United 2 States provides most Americans with a level of access 3 and quality of care that is unsurpassed; 4 (2) for a significant minority of Americans, the 5 system works less well because they cannot obtain or 6 otherwise do not have basic health care coverage under 7 either public or private programs; 8 (3) these individuals represent a diversity of situa- 9 tions for which there is no single solution; 10 (4) assuring access to basic health care coverage 11 and quality care for these individuals is a compelling 12 national priority that will require commitments from 13 both the private and public sectors; 14 (5) the most practical and effective solutions for 15 these access problems are ones that- 16 (A) preserve the pluralistic base of the health 17 care delivery system of the United States; 18 (B) emphasize incentives, innovation, and the 19 removal of current barriers to access; and 20 (C) recognize that both the complexity of the 21 problem and the existence of fiscal constraints 22 means that responsibility must be shared among 23 employers, employees, insurers, providers, and 24 patients, as well as Federal, State, and local 25 governments; HR 4070 IH 3 1 (6) Federal efforts need to be closely coordinated 2 with others who share in the responsibility for improv- 3 ing access to basic health care services; 4 (7) Federal efforts need to reflect not only the di- 5 versity of interested parties but also the diversity of 6 areas where action is appropriate, including public 7 health, basic group health coverage, State initiatives, 8 medical malpractice laws, Medicaid, and tax incentives; 9 and 10 (8) improving access requires dealing with many 11 of the most difficult problems in the health system, in- 12 cluding- 13 (A) the escalating costs, State mandated 14 health benefits, and other factors that have made 15 health care coverage less affordable for many em- 16 ployers and individuals, especially the near poor 17 who need more creative workplace and public op- 18 tions to be able to obtain basic health care cover- 19 age; and 20 (B) the inability of many individuals to pro- 21 tect themselves against catastrophic health care 22 expenses because preexisting conditions make 23 them "uninsurable". 24 (b) PURPOSES.-Therefore the Congress declares the 25 purposes of this Act to be to provide a sound, flexible, and HR 4070 IH 4 1 workable Federal framework to simultaneously address the 2 issues of access to basic health care coverage and the afford- 3 ability of such coverage, with an emphasis on improving 4 health care quality by- 5 (1) empowering employers, employees, and other 6 individuals to obtain more affordable basic health care 7 coverage, and 8 (2) providing incentives for private and public-pri- 9 vate partnership arrangements to be established for 10 such purposes. 11 (c) DECLARATION OF POLICY.-In carrying out such 12 purposes, it is the policy of this Act to- 13 (1) provide universal access to basic group health 14 coverage for all Americans under plans offered by em- 15 ployers or, in the case in which such coverage is un- 16 available to employees and other individuals from pri- 17 vate sources or existing public programs, under a State 18 health benefits system; and 19 (2) make such basic health coverage more afford- 20 able- 21 (A) by removing barriers and encouraging 22 "group" plans and arrangements to spread risk 23 and lower expenses; 24 (B) by preempting State health benefit man- 25 dates, thereby encouraging group health coverage HR 4070 IH 5 1 providers to offer lower cost basic coverage to the 2 uninsured; 3 (C) by preempting State barriers to the pro- 4 viding of managed care, thereby encouraging com- 5 petition, innovation of cost-control approaches, 6 and quality review; 7 (D) by encouraging the development of treat- 8 ment practice guidelines and outcomes research to 9 aid in reducing unnecessary services, increasing 10 quality care, and reducing malpractice costs; 11 (E) by eliminating tax inequities and 12 barriers- 13 (i) to the full deductibility of contribu- 14 tions to health plans covering the self-em- 15 ployed, and 16 (ii) to the establishment of soundly fi- 17 nanced multiple employer basic group health 18 plans. 19 SEC. 3. UNIVERSAL COVERAGE UNDER GROUP HEALTH PLANS 20 AND STATE HEALTH BENEFITS SYSTEMS. 21 (a) IN GENERAL-Subtitle B of title I of the Employee 22 Retirement Income Security Act of 1974 is amended- 23 (1) by striking the heading for part 6 and inserting 24 the following: HR 4070 IH 6 1 "Subpart E-Continuation Coverage Requirements"; 2 (2) by redesignating sections 601 through 608 as 3 sections 641 through 648, respectively; and 4 (3) by inserting after part 5 the following: 5 "PART 6-UNIVERSAL COVERAGE UNDER GROUP HEALTH PLANS 6 AND STATE HEALTH BENEFITS SYSTEMS 7 "Subpart A-General Provisions 8 "SEC. 601. DEFINITIONS AND SPECIAL RULES. 9 "(a) IN GENERAL.-For purposes of this part- 10 "(1) GROUP HEALTH PLAN.-The term 'group 11 health plan' means an employee welfare benefit plan 12 providing medical care (as defined in section 213(d) of 13 the Internal Revenue Code of 1986) to participants or 14 beneficiaries directly or through insurance, reimburse- 15 ment, or otherwise. 16 "(2) BASIC GROUP HEALTH PLAN.- 17 "(A) IN GENERAL.-The term 'basic group 18 health plan' means a group health plan, or any 19 combination of two or more group health plans, 20 which includes at least a basic health benefits 21 provision. 22 "(B) TREATMENT OF UNINSURABLE 23 RISKS.-A plan which excludes from coverage 24 any individual (who would otherwise be eligible 25 for coverage) solely because the individual is an 26 uninsurable risk shall not be treated as a basic HR 4070 IH 7 1 group health plan, unless the requirements of sub- 2 paragraph (D) are met for purposes of this sub- 3 paragraph with respect to such individual. 4 "(C) TREATMENT OF MATERIAL PRE-EX- 5 ISTING CONDITIONS.-A plan which provides 6 coverage to any individual under a substantial re- 7 striction based on a material pre-existing condition 8 shall not be treated as a basic group health plan, 9 unless the requirements of subparagraph (D) are 10 met for purposes of this subparagraph with re- 11 spect to such individual. 12 "(D) EXEMPTION WHERE ADEQUATE 13 STATE HEALTH BENEFITS SYSTEM OR ALTER- 14 NATIVE SYSTEM IS AVAILABLE.-The require- 15 ments of this subparagraph are met with respect 16 to any individual- 17 "(i) for purposes of subparagraph (B), if 18 such individual is eligible for coverage under 19 a health benefits system established and 20 maintained by a State under terms and con- 21 ditions in accordance with subpart C (or any 22 alternative basic health benefits system with 23 respect to which the Secretary of Health and 24 Human Services has made a determination 25 pursuant to section 4 of the Universal Health HR 4070 IH 8 1 Benefits Empowerment and Partnership Act 2 of 1990 relating to the element of coverage 3 described in section 4(a)(2)(B)(i) of such Act 4 (relating to treatment of individuals as unin- 5 surable risks)), or 6 "(ii) for purposes of subparagraph (C), if 7 such individual is eligible for coverage for 8 the material pre-existing condition referred to 9 in subparagraph (C) under a health benefits 10 system established and maintained by a State 11 under terms and conditions in accordance 12 with subpart C (or any alternative basic 13 health benefits system with respect to which 14 the Secretary of Health and Human Services 15 has made a determination pursuant to section 16 4 of the Universal Health Benefits 17 Empowerment and Partnership Act of 1990 18 relating to the element of coverage described 19 in section 4(a)(2)(B)(ii) of such Act (relating 20 to treatment of material pre-existing condi- 21 tions)). 22 "(3) BASIC HEALTH BENEFITS PROVISION.-The 23 term 'basic health benefits provision' means, with re- 24 spect to any plan or combination of plans, an arrange- 25 ment which- HR 4070 IH 9 1 (A) provides to individuals provided coverage 2 under such plan or combination of plans, directly 3 or through insurance, reimbursement, or other- 4 wise, medical care (as defined in section 213(d) of 5 the Internal Revenue Code of 1986)- 6 "(i) which consists of services deter- 7 mined by the Secretary of Health and 8 Human Services, under regulations pre- 9 scribed by such Secretary pursuant to section 10 3(c) of the Universal Health Benefits 11 Empowerment and Partnership Act of 1990, 12 to consist of basic health care services (in- 13 cluding physician's, inpatient hospital, and 14 outpatient hospital services which are preva- 15 lent under group health plans and other serv- 16 ices which may be necessary for basic health 17 care), and 18 "(ii) which is covered at a percentage of 19 cost determined by such Secretary under 20 such regulations (by means of deductibles, 21 coinsurance, and other limits on covered 22 services) to be not less than a percentage 23 which is, taking into account the population 24 covered and the extent of cost currently cov- HR 4070 IH-2 10 1 ered under group health plans, adequate to 2 meet basic health care needs, and 3 "(B) in the case of any individual described 4 in paragraph (2) (B) or (C) in relation to a basic 5 group health plan maintained by the employer of 6 such individual (or of the person of whom such in- 7 dividual is a dependent), requires contributions by 8 the employer of not less than the amount provided 9 under the plan with respect to individuals covered 10 under such plan who are similarly situated, disre- 11 garding any condition under the plan relating to 12 uninsurable risks (in the case of an individual de- 13 scribed in paragraph (2)(B)) or to material pre-ex- 14 isting conditions (in the case of an individual de- 15 scribed in paragraph (2)(C)). 16 "(4) DEPENDENT.-The term 'dependent' means, 17 with respect to any individual, any person who- 18 "(A) is the spouse or surviving spouse of the 19 individual, or , 20 "(B) is, under regulations of the Secretary, a 21 child of such individual who- 22 "(i) is under 18 years of age, 23 "(ii) is under 23 years of age and a full- 24 time student, or HR 4070 IH 11 1 "(iii) is otherwise dependent on such 2 individual. 3 "(5) EMPLOYER.-The term 'employer' shall 4 have the meaning applicable under section 3(5), except 5 that such term shall include any State (or political sub- 6 division thereof), or any agency or instrumentality of 1 7 or more of the foregoing. 8 "(6) ELIGIBLE INDIVIDUAL.-The term 'eligible 9 individual' means any employee or dependent thereof 10 who is not covered under a basic group health plan 11 which is maintained by the employer and to which the 12 employer makes contributions, unless such employee or 13 dependent- 14 "(A) was eligible for coverage under such 15 plan but such coverage was declined under such 16 plan, or 17 "(B) is excluded from coverage under the 18 plan as an uninsurable risk but is eligible for unin- 19 surable risk coverage under any health benefits 20 system established and maintained by a State in 21 accordance with subpart C (or any alternative 22 basic health benefits system with respect to which 23 the Secretary of Health and Human Services has 24 made a determination pursuant to section 4 of the 25 Universal Health Benefits Empowerment and HR 4070 IH 12 1 Partnership Act of 1990 relating to the element 2 of coverage described in section 4(a)(2)(B)(i) of 3 such Act (relating to treatment of individuals as 4 uninsurable risks)). 5 "(7) UNINSURABLE RISK.-An individual shall be 6 deemed to have been rejected for coverage by a basic 7 group health plan or a health benefits system estab- 8 lished and maintained by a State as an uninsurable 9 risk' if the plan or system supports the denial of 10 coverage- 11 "(A) in such terms, or 12 "(B) in such other terms or under such cir- 13 cumstances as are, subject to such regulations as 14 the Secretary of Health and Human Services may 15 prescribe, reasonably equivalent to such a denial. 16 "(8) MATERIAL PRE-EXISTING CONDITION.-An 17 individual shall be deemed to have been provided cov- 18 erage by a basic group health plan, or by a health ben- 19 efits system established and maintained by a State, 20 under a restriction based on a 'material pre-existing 21 condition' if, subject to such regulations as the Secre- 22 tary of Health and Human Services may prescribe, 23 under the plan or system— HR 4070 IH 13 1 "(A) benefits (which would otherwise be pay- 2 able) are not paid solely on the basis of a material 3 pre-existing condition, or 4 "(B) the costs for coverage of the individual 5 with a material pre-existing condition, to either an 6 employer or to the individual, are at a rate mate- 7 rially greater than costs for coverage of similarly 8 situated individuals without such a material pre- 9 existing condition, to the extent such costs are 10 payable to a third party. 11 "(b) CROSS-REFERENCES.- 12 "(1) GENERAL RULE.-Except as otherwise pro- 13 vided in this part, for definitions of terms used in this 14 part, see section 3. 15 "(2) SECRETARY.-Except with respect to refer- 16 ences specifically to the Secretary of Health and 17 Human Services, for the definition of 'Secretary', see 18 section 3(13). 19 "(3) REGULATIONS.-Except with respect to pro- 20 visions for which regulatory authority is specifically 21 provided to the Secretary of Health and Human Serv- 22 ices, for provisions governing regulatory authority 23 under this part, see section 505. HR 4070 IH 14 1 "Subpart B-Required Coverage Options; Group Health 2 Payroll Deduction Plans 3 "SEC. 611. COVERAGE FOR ELIGIBLE INDIVIDUALS UNDER 4 BASIC GROUP HEALTH PLANS OR GROUP 5 HEALTH PAYROLL DEDUCTION PLANS. 6 "(a) REQUIREMENT THAT EMPLOYERS OFFER Cov- 7 ERAGE FOR ELIGIBLE INDIVIDUALS UNDER BASIC GROUP 8 HEALTH PLANS OR GROUP HEALTH PAYROLL DEDUC- 9 TION PLANS.-Each employer shall maintain with respect to 10 each eligible individual a basic group health plan under which 11 coverage of such individual may be elected or a group health 12 payroll deduction plan (as defined in section 612). 13 "(b) SPECIAL RULES.- 14 "(1) EXCLUSION OF CERTAIN EMPLOYERS.- 15 "(A) IN GENERAL.-This section shall not 16 apply to any employer for any plan year if, as of 17 the beginning of such plan year- 18 "(i) such employer (including any prede- 19 cessor thereof) has been an employer for less 20 than 2 years, 21 "(ii) such employer has no more than 2 22 individuals in such employer's employ, or 23 "(iii) no more than 2 individuals in such 24 employer's employ are not covered under 25 any basic group health plan. HR 4070 IH 15 1 "(B) EXCLUSION OF FAMILY MEMBERS.- 2 Under such procedures as the Secretary may pre- 3 scribe, any relative of an employer may be, at the 4 election of the employer, excluded from consider- 5 ation as an employee for purposes of this para- 6 graph. In the case of an employer that is not an 7 individual, an employee who is a relative of a key 8 employee (as defined in section 416(i)(1) of the In- 9 ternal Revenue Code of 1986) of the employer 10 may, at the election of the key employee, be con- 11 sidered a relative excludible under this subpara- 12 graph. 13 "(2) EXCLUSION OF CERTAIN TEMPORARY EM- 14 PLOYEES.-A plan shall not be treated as failing to 15 meet the requirements of this section solely because a 16 period of service by an employee of not more than 60 17 days is required under the plan for coverage of such 18 employee or any dependent thereof under the plan. 19 "SEC. 612. GROUP HEALTH PAYROLL DEDUCTION PLANS. 20 "(a) GENERAL RULE.-For purposes of this subpart, 21 the term 'group health payroll deduction plan' means a basic 22 group health plan under which amounts are deducted by the 23 employer from the employee's wages pursuant to an election 24 by the employee and paid as a contribution to such plan in 25 accordance with such regulations as the Secretary may pre- HR 4070 IH 16 1 scribe relating to withholding procedures and timely payment 2 of premiums. 3 "(b) ELECTIONS.- 4 "(1) IN GENERAL.-Any election by an employee 5 under a group health payroll deduction plan shall 6 specify the amount which is to be deducted in relation 7 to the benefits provided under the plan. Any such elec- 8 tion may be revoked or changed by the employee 9 under the terms of the plan. 10 "(2) MANNER FOR MAKING OR REVOKING ELEC- 11 TIONS.-Any election under a group health payroll de- 12 duction plan (and any revocation or change of such an 13 election) shall be made in such form and in such 14 manner as the Secretary may by regulations prescribe. 15 "SEC. 613. AVAILABILITY OF COVERAGE UNDER STATE 16 HEALTH BENEFITS SYSTEMS. 17 "In any case in which there is in effect, as of the begin- 18 ning of a plan year of any group health payroll deduction 19 plan, an entity determined by the Secretary of Health and 20 Human Services to be a health benefits system which is es- 21 tablished and maintained by a State and meets the require- 22 ments of subpart C with respect to the employee, such plan 23 shall not be treated as failing to meet the requirements of 24 section 612(a) for such plan solely because the amounts de- 25 ducted are, under such plan, paid for such plan year or the HR 4070 IH 17 1 succeeding plan year as a contribution to such a system ac- 2 cepting coverage of such employee rather than to such plan, 3 if a provider of group health plan coverage with respect to 4 the plan rejects an individual otherwise eligible for coverage 5 under such plan because of a requirement that a certain 6 number or percentage of individuals otherwise eligible for 7 coverage under the plan are not covered. 8 "Subpart C-State Health Benefits Systems 9 "SEC. 621. GENERAL REQUIREMENTS. 10 "(a) IN GENERAL.-For purposes of this part, a health 11 benefits system established and maintained by a State in ac- 12 cordance with this subpart is any system which- 13 "(1) is established by State law, 14 "(2) is administered by a nonprofit corporation 15 which is established by and regulated under the laws of 16 such State and with respect to which the requirements 17 of subsection (b) are met, 18 "(3) meets the reporting requirements of section 19 622, 20 "(4) meets the participation requirements of sec- 21 tion 623 with respect to residents of the State, 22 "(5) meets the benefit requirements of section 23 624, 24 "(6) meets the contribution requirements of sec- 25 tion 625, and HR 4070 IH-3 18 1 "(7) provides coverage in accordance with subpart 2 D (relating to uninsurable risks and material pre-exist- 3 ing conditions) with respect to residents of the State. 4 "(b) GOVERNANCE OF SYSTEM.-The requirements of 5 this subsection are met with respect to a corporation referred 6 to in subsection (a)(2) if- 7 "(1) such corporation is governed by a Board of 8 Directors whose membership includes repesentatives of 9 at least employers, employee organizations, and provid- 10 ers of group health plan coverage, and 11 "(2) such corporation is subject under State law 12 to the supervision of an agency of the State which is 13 responsible for the regulation of providers of group 14 health plan coverage. 15 "SEC. 622. REPORTING REQUIREMENTS. 16 "(a) IN GENERAL.-A health benefits system estab- 17 lished and maintained by a State meets the reporting require- 18 ments of this section if the system maintains a program under 19 which the system provides, upon the request of group health 20 payroll deduction plans under which amounts are paid from 21 such plans to the system, such information held by the 22 system as the plans require to meet the requirements of part 23 1 of subtitle B of title I. 24 "(b) FORM OF REQUESTS.-Each system shall be re- 25 quired to process requests made under this section only if HR 4070 IH 19 1 such requests are made in such form and manner as may be 2 prescribed in regulations of the Secretary. 3 "SEC. 623. PARTICIPATION REQUIREMENTS. 4 "(a) IN GENERAL.-A health benefits system estab- 5 lished and maintained by a State meets the participation re- 6 quirements of this section if the system provides that an indi- 7 vidual is provided coverage under the system if such individ- 8 ual- 9 "(1) is an eligible individual (as defined in section 10 601(a)(6)), 11 "(2) is an individual required to be provided cov- 12 erage under subpart E of this part or under title XXII 13 of the Public Health Service Act, 14 "(3) is an individual described in section 632, or 15 "(4) is an individual (other than an individual de- 16 scribed in paragraph (1), (2), or (3)) who is not covered 17 under any arrangement providing basic health care 18 services described in section 601(a)(3)(A), 19 and is not otherwise eligible for coverage under a basic group 20 health plan or under a plan for medical assistance under title 21 XIX of the Social Security Act. 22 "(b) EXCLUSIONS.-A health benefits system estab- 23 lished and maintained by a State does not meet the participa- 24 tion requirements of this section unless such system excludes 25 from coverage- HR 4070 IH 20 1 "(1) except to the extent permitted under section 2 625(c)(3), individuals entitled to benefits under title 3 XVIII or XIX of the Social Security Act, or 4 "(2) inmates of public institutions. 5 "SEC. 624. BENEFITS REQUIREMENTS. 6 "(a) IN GENERAL.-A health benefits system estab- 7 lished and maintained by a State meets the benefits require- 8 ments of this section if the system provides medical care in 9 the form of at least the following options, available at the 10 election of the individual provided coverage: 11 "(1) BASIC AND CATASTROPHIC BENEFITS.- 12 Coverage of basic health care services (including physi- 13 cian's services, inpatient and outpatient hospital serv- 14 ices, and other services that may be necessary for basic 15 health care), including catastrophic coverage. 16 "(2) CATASTROPHIC ONLY COVERAGE.-Cata- 17 strophic coverage with respect to basic health care 18 services. 19 "(3) BENEFITS EQUIVALENT TO STATE EMPLOY- 20 EE BENEFITS.-Benefits which are equivalent to cov- 21 erage available to a substantial number of employees of 22 the State government. 23 "(b) COST CONTAINMENT AND QUALITY OF CARE.-A 24 health benefits system established and maintained by a State 25 shall, to the maximum extent practicable, taking into account HR 4070 IH 21 1 quality of care, provide for a hospital precertification utiliza- 2 tion review program, constraint of costs to the extent practi- 3 cable through the use of appropriately managed care, and 4 such other cost containment procedures as may from time to 5 time be proven effective. 6 "(c) TREATMENT OF UNINSURABLE RISKS AND MATE- 7 RIAL PRE-EXISTING CONDITIONS.-In any case in which 8 the requirements of section 633 are met with respect to any 9 individual with respect to whom the system meets the re- 10 quirements of section 631, the requirements of subsection (a) 11 shall be treated as satisfied with respect to such individual. 12 "(d) DURATION OF COVERAGE.-Subject to section 13 623(b), coverage under a health benefits system established 14 and maintained by a State shall not terminate solely by 15 reason of the termination of a period of coverage required 16 under subpart E of this part or title XXII of the Public 17 Health Service Act. 18 "(e) COVERAGE UNDER STATE SYSTEM SECONDARY 19 TO COVERAGE UNDER EMPLOYEE BENEFIT PLANS.-Cov- 20 erage under a health benefits system established and main- 21 tained by a State with respect to any claim shall be second- 22 ary to coverage provided under any employee benefit plan 23 with respect to such claim. HR 4070 IH 22 1 "SEC. 625. CONTRIBUTION REQUIREMENTS. 2 "(a) IN GENERAL.-Except as otherwise provided in 3 this section, a health benefits system established and main- 4 tained by a State meets the contribution requirements of this 5 section if the system does not require, for coverage of individ- 6 uals described in paragraphs (1) and (2) of section 623(a), 7 contributions in excess of levels determined- 8 "(1) on the basis of its own experience with re- 9 spect to covered individuals described in such para- 10 graphs (1) and (2), and 11 "(2) without regard to any coverage provided 12 under the system to individuals who are not described 13 in such paragraphs (1) and (2). 14 "(b) VARIANCES IN RATE LEVEL.- 15 "(1) SEPARATE SCHEDULE REQUIRED FOR CHIL- 16 DREN-ONLY COVERAGE.-A health benefits system es- 17 tablished and maintained by a State does not meet the 18 contribution requirements of this section unless the 19 system provides for a separate schedule of contribu- , 20 tions with respect to children-only coverage. 21 "(2) OTHER VARIANCES PERMITTED.- health 22 benefits system established and maintained by a State 23 shall not be treated as failing to meet the requirements 24 of this section solely because the system otherwise pro- 25 vides for differing rates of contributions to reflect the 26 age, family composition, or income of the covered indi- HR 4070 IH 23 1 vidual and the location at which the covered individual 2 is expected to normally receive medical care. 3 "(c) CERTAIN STATE AND OTHER CONTRIBUTIONS 4 PERMITTED.-A health benefits system established and 5 maintained by a State shall not be treated as failing to meet 6 the requirements of this section solely because the system 7 provides for- 8 "(1) payment by the State or any other entity of 9 part or all of the contribution with respect to any cov- 10 ered individual, 11 "(2) varying the amount of such payment based 12 on the individual's income or any other basis, or 13 "(3) payment by the State or any other entity of 14 all or part of monthly premiums for purposes of enroll- 15 ment under section 1818 or 1818A of the Social Secu- 16 rity Act, or of premiums under section 1916(c) of such 17 Act. 18 "(d) MAXIMIZED PARTICIPATION.-A health benefits 19 system established and maintained by a State shall be treated 20 as failing to meet the contribution requirements of this sec- 21 tion if the Secretary of Health and Human Services deter- 22 mines, under regulations prescribed by such Secretary and on 23 the basis of past experience, that, under such system, contri- 24 butions are not established and maintained in such form and 25 manner as to be promotive of participation in the system. HR 4070 IH 24 1 "SEC. 626. RECIPROCITY AND RELIANCE BY STATES ON 2 OTHER STATE SYSTEMS. 3 "The requirements of the preceding provisions of this 4 subpart may be met with respect to any State by means of 5 reciprocity agreements between such State and any other 6 State with respect to which such requirements are met. 7 "SEC. 627. REGULATORY AUTHORITY OF SECRETARY OF 8 HEALTH AND HUMAN SERVICES. 9 "The Secretary of Health and Human Services shall 10 prescribe such regulations as such Secretary considers neces- 11 sary to carry out the provisions of this subpart (other than 12 section 622). 13 "Subpart D-State Coverage for Uninsurable Risks and 14 Material Pre-Existing Conditions 15 "SEC. 631. STATE COVERAGE FOR UNINSURABLE RISKS AND 16 PRE-EXISTING CONDITIONS. 17 "A health benefits system established and maintained by 18 a State provides coverage in accordance with this subpart if 19 such system- 20 "(1) meets the participation requirements of 21 section 632, 22 "(2) meets the benefits requirements of section 23 633, and 24 "(3) to the extent practicable and actuarially 25 sound, provides for separate accounting for such cover- 26 age SO as to separately account at least for individuals HR 4070 IH 25 1 described in section 632(1)(A) and for individuals de- 2 scribed in section 632(2)(A). 3 "SEC. 632. PARTICIPATION REQUIREMENTS FOR UNINSUR- 4 ABLE RISKS AND MATERIAL PRE-EXISTING 5 CONDITIONS. 6 "A health benefits system established and maintained by 7 a State meets the participation requirements of this section if 8 the system meets the following requirements: 9 "(1) COVERAGE FOR UNINSURABLE RISKS.-The 10 system provides that an individual is provided coverage 11 under the system if such individual- 12 "(A) is an employee (or a dependent thereof) 13 and has been rejected for coverage under a basic 14 group health plan maintained by the employer or 15 by the system but would be eligible for such cov- 16 erage but for the rejection of such employee (or 17 dependent) as an uninsurable risk, or 18 "(B) is not an employee (or dependent) de- 19 scribed in subparagraph (A), and- 20 "(i) is rejected for coverage under the 21 system, or 22 "(ii) in the case of an individual not oth- 23 erwise eligible for coverage under a basic 24 group health plan, the system, or title XIX 25 of the Social Security Act, is rejected for HR 4070 IH-4 26 1 coverage under any policy of insurance 2 which provides at least basic health care 3 services described in section 601(a)(3)(A), 4 but would be eligible for such coverage but for the 5 rejection of such individual as an uninsurable risk. 6 "(2) COVERAGE FOR MATERIAL PRE-EXISTING 7 CONDITIONS.-The system provides that an individual 8 is provided coverage under the system for any material 9 pre-existing condition if such individual- 10 "(A) is an employee (or a dependent thereof) 11 who is provided coverage under a basic group 12 health plan or the system under a substantial re- 13 striction based on such material pre-existing con- 14 dition, or 15 "(B) is not an employee (or dependent) de- 16 scribed in subparagraph (A), and- 17 "(i) is provided coverage under the 18 system under subpart C, or 19 "(ii) in the case of an individual not oth- 20 erwise eligible for coverage under a basic 21 group health plan, the system under subpart 22 C, or title XIX of the Social Security Act, is 23 provided coverage under a policy of insur- 24 ance which provides at least basic health 25 care services, HR 4070 IH 27 1 but such coverage is provided under such a sub- 2 stantial restriction. 3 "SEC. 633. BENEFITS REQUIREMENTS FOR UNINSURABLE 4 RISKS AND MATERIAL PRE-EXISTING CONDI- 5 TIONS. 6 "A health benefits system established and maintained by 7 a State meets the benefits requirements of this section if the 8 system provides, directly or through insurance, reinsurance, 9 or otherwise- 10 "(1) in the case of individuals described in section 11 632(1), benefits described in section 624(a), and 12 "(2) in the case of individuals described in section 13 632(2), coverage of the material pre-existing condition 14 which is not otherwise covered to the extent necessary 15 to constitute basic health care services described in 16 section 601(a)(3)(A) with respect to such condition, in 17 accordance with such regulations as the Secretary of 18 Health and Human Services may prescribe. 19 "SEC. 634. REGULATORY AUTHORITY OF SECRETARY OF 20 HEALTH AND HUMAN SERVICES. 21 "The Secretary of Health and Human Services shall 22 prescribe such regulations as such Secretary considers neces- 23 sary to carry out the provisions of this subpart." 24 (b) REGULATIONS FOR DEFINING BASIC HEALTH 25 CARE PROVISIONS.- HR 4070 IH 28 1 (1) INITIAL REGULATIONS.-Not later than 2 July 1, 1991, the Secretary of Health and Human 3 Services shall publish in the Federal Register proposed 4 regulations referred to in section 601(a)(3) of the Em- 5 ployee Retirement Income Security Act of 1989 (as 6 amended by subsection (a)). In prescribing such pro- 7 posed regulations, the Secretary shall take into account 8 recommendations submitted to the Secretary by the 9 Federal Advisory Council on Health Care Coverage 10 and Costs pursuant to section 9(d)(1) of this Act. 11 (2) INTERIM REVIEW PERIOD BEFORE ISSUANCE 12 OF FINAL REGULATIONS.-The Secretary of Health 13 and Human Services shall not issue the regulations re- 14 ferred to in section 601(a)(3) of the Employee Retire- 15 ment Income Security Act of 1974 in final form before 16 July 1, 1992. 17 (3) REVISION OF REGULATIONS.-In revising, on 18 or after the effective date of the amendments made by , 19 this section, the regulations referred to in section 20 601(a)(3) of the Employee Retirement Income Security 21 Act of 1974, the Secretary of Health and Human 22 Services shall take into account recommendations sub- 23 mitted to the Secretary by the Federal Advisory Coun- 24 cil on Health Care Coverage and Costs pursuant to 25 section 9(d)(2) of this Act. HR 4070 IH 29 1 (c) ENFORCEMENT OF CERTAIN PROVISIONS BY SEC- 2 RETARY OF HEALTH AND HUMAN SERVICES.-Section 3 502(a) of the Employee Retirement Income Security Act of 4 1974 (29 U.S.C. 1132(a)) is amended by adding at the the 5 end, after and below paragraph (6), the following new flush 6 sentence: 7 "With respect to provisions of subparts C and D of part 6 8 (other than section 622), the references to 'Secretary' in 9 paragraph (5), and in other provisions of this part relating to 10 actions brought under such paragraph, shall be deemed a ref- 11 erence to the Secretary of Health and Human Services.". 12 (d) CLERICAL AMENDMENT.-The table of contents in 13 section 1 of such Act is amended by striking out the items 14 relating to part 6 of subtitle B of title I and inserting the 15 following new items: "PART 6-COVERAGE UNDER GROUP HEALTH PLANS AND STATE HEALTH BENEFITS SYSTEMS "Subpart A-General Provisions "Sec. 601. Definitions and special rules. "Subpart B-Required Coverage Options; Group Health Payroll Deduction Plans "Sec. 611. Coverage for eligible individuals under basic group health plans or group health payroll deduction plans. "Sec. 612. Group health payroll deduction plans. "Sec. 613. Availability of coverage under State health benefits systems. "Subpart C-State Health Benefits Systems "Sec. 621. General requirements. "Sec. 622. Reporting requirements. "Sec. 623. Participation requirements. "Sec. 624. Benefits requirements. "Sec. 625. Contribution requirements. "Sec. 626. Reciprocity and reliance by States on other State systems. "Sec. 627. Regulatory Authority of Secretary of Health and Human Services. HR 4070 IH 30 "Subpart D-State Coverage for Uninsurable Risks and Material Pre-Existing Conditions "Sec. 631. State coverage for uninsurable risks and material pre-existing conditions. "Sec. 632. Participation requirements for uninsurable risks and material pre-existing conditions. "Sec. 633. Benefit requirements for uninsurable risks and material pre-existing conditions. "Sec. 634. Regulatory authority of Secretary of Health and Human Services. "Subpart E-Continuation Coverage Requirements "Sec. 641. Plans must provide continuation coverage to certain individuals. "Sec. 642. Continuation coverage. "Sec. 643. Qualifying event. "Sec. 644. Applicable premium. "Sec. 645. Election. "Sec. 646. Notice requirements. "Sec. 647. Definitions. "Sec. 648. Regulations." 1 SEC. 4. ALTERNATIVES TO STATE HEALTH BENEFITS 2 SYSTEMS. 3 (a) ALTERNATIVE BASIC HEALTH BENEFITS 4 SYSTEMS.- 5 (1) IN GENERAL.-If, at any time before the ef- 6 fective date for the amendments made by section 3, the 7 Secretary of Health and Human Services determines, 8 under regulations prescribed by the Secretary- 9 (A) that there is in effect, with respect to 10 any group of individuals, an arrangement which is 11 an alternative basic health benefits system, and 12 (B) that, with respect to such group of indi- 13 viduals, such system meets requirements (provided 14 in such regulations) for a specified element of cov- 15 erage which are substantially equivalent to the re- 16 quirements of the specified ERISA provision HR 4070 IH 31 1 which is applicable to such specified element of 2 coverage, 3 then the requirements of such specified ERISA provi- 4 sion shall be treated as met with respect to such indi- 5 viduals until such Secretary nullifies such determina- 6 tion under such regulations. 7 (2) DEFINITIONS AND SPECIAL RULES.-For 8 purposes of this subsection- 9 (A) ALTERNATIVE BASIC HEALTH BENE- 10 FITS SYSTEM.-The term "alternative basic 11 health benefits system" means, with respect to 12 any group of individuals, any arrangement (other 13 than a health benefits system established and 14 maintained by a State in accordance with subpart 15 C of part 6 of subtitle B of title I of ERISA) 16 which- 17 (i) includes at least a basic health bene- 18 fits provision (as defined in section 601(a)(3) 19 of ERISA), and 20 (ii) meets, with respect to such individ- 21 uals, the reporting requirements of section 22 622 of ERISA, the participation require- 23 ments of section 623 of ERISA, the benefits 24 requirements of section 624 of ERISA, and HR 4070 IH 32 1 the contribution requirements of section 625 2 of ERISA. 3 (B) SPECIFIED ELEMENT OF COVERAGE.- 4 The term "specified element of coverage" means 5 any of the following: 6 (i) TREATMENT OF UNINSURABLE 7 RISKS.-Rejection by a plan of an individual 8 for coverage as an uninsurable risk, within 9 the meaning of section 601(a)(7) of ERISA. 10 (ii) TREATMENT OF MATERIAL PRE- 11 EXISTING CONDITIONS.-Provision of cover- 12 age by a plan to an individual under a re- 13 striction based on a material pre-existing 14 condition, within the meaning of section 15 601(a)(8) of ERISA. 16 (iii) PROVISION OF CONTINUATION cov- 17 ERAGE.-Provision of coverage by a plan to 18 qualified beneficiaries required under subpart 19 E of part 6 of subtitle B of title I of ERISA 20 or under title XXII of the Public Health 21 Service Act. 22 (C) SPECIFIED ERISA PROVISIONS.- 23 (i) TREATMENT OF UNINSURABLE 24 RISKS.-The "specified ERISA provision" 25 applicable to the specified element of cover- HR 4070 IH 33 1 age described in subparagraph (B)(i) is sec- 2 tion 601(a)(2)(D)(i) of ERISA. 3 (ii) TREATMENT OF MATERIAL PRE- 4 EXISTING CONDITIONS.-The "specified 5 ERISA provision" applicable to the specified 6 element of coverage described in subpara- 7 graph (B)(ii) is section 601(a)(2)(D)(ii) of 8 ERISA. 9 (iii) PROVISION OF CONTINUATION COV- 10 ERAGE.-The "specified ERISA provisions" 11 applicable to the specified element of cover- 12 age described in subparagraph (B)(iii) are 13 section 641(b) of ERISA, section 4980B(f)(8) 14 of the Internal Revenue Code of 1986 (as 15 amended by section 3(b)), and section 16 2201(b) of the Public Health Service Act (as 17 amended by section 5(c)). 18 (D) STATE.-The term "State" has the 19 meaning provided in section 3(10) of ERISA. 20 (E) ERISA.-The term "ERISA" means 21 the Employee Retirement Income Security Act of 22 1974, as amended by this Act. 23 (b) FEDERAL ASSISTANCE IN ESTABLISHMENT OF 24 UNIVERSAL COVERAGE.- HR 4070 IH 34 1 (1) GRANT PROGRAM.-The Secretary of Health 2 and Human Services shall establish by regulation a 3 program of monetary assistance in the form of grants 4 to health benefits systems established and maintained 5 by States (within the meaning of section 3(10) of the 6 Employee Retirement Income Security Act of 1974) 7 pursuant to the amendments made by this Act and to 8 alternative basic health benefits systems with respect 9 to which such Secretary has made determinations de- 10 scribed in subparagraphs (A) and (B) of subsection 11 (a)(1). Grants to any system shall be in such amount as 12 such Secretary considers appropriate to facilitate the 13 effectuation of the policies of this Act. 14 (2) AUTHORIZATION OF APPROPRIATIONS.- 15 There is authorized to be appropriated for the Depart- 16 ment of Health and Human Services, for the purpose 17 of carrying out the provisions of paragraph (1), 18 $200,000,000 for each of the fiscal years 1991, 1992, , 19 and 1993. 20 SEC. 5. CONTINUATION COVERAGE AND STATE HEALTH BENE- 21 FITS SYSTEMS OR ALTERNATIVE SYSTEMS. 22 (a) AMENDMENT TO ERISA.-Section 641(b) of the 23 Employee Retirement Income Security Act of 1974 (as re- 24 designated by section 3) is amended to read as follows: HR 4070 IH 35 1 "(b) SUBSTITUTION OF STATE HEALTH BENEFITS 2 SYSTEM OR ALTERNATIVE SYSTEM.-The requirements of 3 this subpart may be met by providing, as an option to quali- 4 fied beneficiaries or otherwise, for coverage of them under an 5 applicable health benefits system established and maintained 6 by a State (or any alternative basic health benefits system 7 with respect to which the Secretary of Health and Human 8 Services has made a determination pursuant to section 4 of 9 the Universal Health Benefits Empowerment and Partner- 10 ship Act of 1990 relating to the element of coverage de- 11 scribed in section 4(a)(2)(B)(iii) of such Act (relating to provi- 12 sion of continuation coverage)) in lieu of coverage as other- 13 wise required under this subpart." 14 (b) CONFORMING AMENDMENT TO INTERNAL REVE- 15 NUE CODE.Section 4980B of the Internal Revenue Code 16 of 1986 (relating to excise tax for failure to satisfy continu- 17 ation coverage requirements of group health plans) is 18 amended- 19 (1) in subsection (d), by striking paragraph (1) and 20 redesignating paragraphs (2) and (3) as paragraphs (1) 21 and (2), respectively; and 22 (2) by adding at the end of subsection (f) the fol- 23 lowing new paragraph: 24 "(8) SUBSTITUTION OF STATE HEALTH BENE- 25 FITS SYSTEM OR ALTERNATIVE SYSTEM.-The re- HR 4070 IH 36 1 quirements of this subsection may be met by providing, 2 as an option to qualified beneficiaries or otherwise, for 3 coverage of them under an applicable health benefits 4 system established and maintained by a State in ac- 5 cordance with part 6 of subtitle B of title I of the Em- 6 ployee Retirement Income Security Act of 1974 (or 7 any alternative basic health benefits system with re- 8 spect to which the Secretary of Health and Human 9 Services has made a determination pursuant to section 10 4 of the Universal Health Benefits Empowerment and 11 Partnership Act of 1990 relating to the element of 12 coverage described in section 4(a)(2)(B)(iii) of such Act 13 (relating to provision of continuation coverage)) in lieu 14 of coverage as otherwise required under this subsec- 15 tion.". 16 (c) CONFORMING AMENDMENT TO PUBLIC HEALTH 17 SERVICE ACT.-Section 2201 of the Public Health Service 18 Act is amended by striking subsection (b) and inserting the 19 following new subsection: 20 "(b) SUBSTITUTION OF STATE HEALTH BENEFITS 21 SYSTEM OR ALTERNATIVE SYSTEM.-The requirements of 22 this title may be met by providing, as an option to qualified 23 beneficiaries or otherwise, for coverage of them under an ap- 24 plicable health benefits system established and maintained by 25 a State in accordance with part 6 of subtitle B of title I of the HR 4070 IH 37 1 Employee Retirement Income Security Act of 1974 (or any 2 alternative basic health benefits system with respect to which 3 the Secretary of Health and Human Services has made a 4 determination pursuant to section 4 of the Universal Health 5 Benefits Empowerment and Partnership Act of 1990 relating 6 to the element of coverage described in section 4(a)(2)(B)(iii) 7 of such Act (relating to provision of continuation coverage)) 8 in lieu of coverage as otherwise required under this title.". 9 SEC. 6. PREEMPTION OF STATE LAW TO PROVIDE FOR MORE 10 AFFORDABLE HEALTH CARE COVERAGE. 11 (a) IN GENERAL.-Section 514(b)(2)(B) of the Employ- 12 ee Retirement Income Security Act of 1974 (29 U.S.C. 13 1144(b)(2)(B)) is amended- 14 (1) by inserting "(i)" after "(B)"; and 15 (2) by adding at the end the following new clause: 16 "(ii) A provision of State law which provides that one or 17 more specific benefits must be provided or made available by 18 a contract or policy of health insurance issued to an employee 19 benefit plan, or which provides that services rendered by one 20 or more particular classes of health care providers must be 21 covered under such a contract or policy, is a law which re- 22 lates to an employee benefit plan within the meaning of sub- 23 section (a) and is not a law which regulates insurance within 24 the meaning of subparagraph (A).". HR 4070 IH 38 1 (b) PREEMPTION OF CERTAIN STATE LAWS RE- 2 STRICTING MANAGED CARE UNDER EMPLOYEE WELFARE 3 BENEFIT PLANS.-Section 514(b) of such Act is amended by 4 adding at the end the following new paragraph: 5 "(9) For purposes of this section, a provision of State 6 law which in any manner restricts managed care under an 7 employee welfare benefit plan providing medical care (as de- 8 fined in section 213(d) of the Internal Revenue Code of 1986) 9 to participants or beneficiaries directly or through insurance, 10 reimbursement, or otherwise, by restricting the ability to ne- 11 gotiate provider reimbursement rates or to set such rates for 12 any provider, limiting the number or type of providers, or 13 restricting utilization or quality review in connection with 14 such plan shall be deemed a law which relates to an employ- 15 ee benefit plan within the meaning of subsection (a) and not a 16 law which regulates insurance within the meaning of para- 17 graph (2)(A).". 18 SEC. 7. ENCOURAGEMENT OF MULTIPLE EMPLOYER AR- 19 RANGEMENTS PROVIDING BASIC HEALTH BEN- 20 EFITS. 21 (a) TAX EXEMPT STATUS.-Paragraph (9) of section 22 501(c) of the Internal Revenue Code of 1986 (relating to 23 exempt organizations) is amended- 24 (1) by inserting "(A)" after "(9)"; and 25 (2) by adding at the end the following: HR 4070 IH 39 1 "(B) Any determination of whether a multiple em- 2 ployer welfare arrangement (as defined in section 3(25) 3 of the Employee Retirement Income Security Act of 4 1974) is a voluntary employees' beneficiary association 5 meeting the requirements of this paragraph shall be 6 made without regard to any determination of common- 7 ality of interest or geographic location if- 8 "(i) such arrangement provides at least basic 9 health care services described in section 10 601(a)(3)(A) of the Employee Retirement Income 11 Security Act of 1974, and 12 "(I) such arrangement is fully insured, 13 or 14 "(II) there is a provision of applicable 15 State law which provides standards, requir- 16 ing the maintenance of specified levels of re- 17 serves and specified levels of contributions, 18 which such arrangement must meet in order 19 to be considered under such law able to pay 20 benefits in full when due, and 21 "(ii) meets the reporting requirements similar 22 to the requirements of section 622 of such Act.". 23 (b) REPORTING REQUIREMENTS FOR MEWA's.-Sec- 24 tion 4 of the Employee Retirement Income Security Act of HR 4070 IH 40 1 1974 (29 U.S.C. 1003) is amended by adding at the end the 2 following new subsection: 3 "(c) A multiple employer welfare arrangement that pro- 4 vides medical care (as defined in section 213(d) of the Inter- 5 nal Revenue Code of 1986) to employees or their dependents 6 shall be treated as an employee welfare benefit plan for pur- 7 poses of this title with respect to the requirements of this title 8 relating to the filing of annual reports under section 103, 9 except that such requirements shall not be treated as met 10 with respect to such arrangement unless such report is also 11 filed with the insurance commissioner (or similar official) of 12 each State in which at least 5 percent of the individuals cov- 13 ered under such arrangement reside.". 14 SEC. 8. TREATMENT PRACTICE GUIDELINES AND OUTCOMES 15 RESEARCH FOR ALL AMERICANS. 16 (a) AGENCY FOR HEALTH CARE POLICY AND RE- 17 SEARCH.-So much of part A of title IX of the Public 18 Health Service Act as precedes section 902(c) is amended to 19 read as follows: 20 "PART A-ESTABLISHMENT AND GENERAL DUTIES 21 "SEC. 901. ESTABLISHMENT. 22 "(a) IN GENERAL.-There is established within the 23 Service an agency to be known as the Agency for Health 24 Care Policy and Research. HR 4070 IH 41 1 "(b) PURPOSE.-The purpose of the Agency is to en- 2 hance the quality, appropriateness, and effectiveness of 3 health care services for all Americans, and access to such 4 services, through the establishment of a broad base of scien- 5 tific research and through the promotion of improvements in 6 clinical practice and in the organization, financing, and deliv- 7 ery of health care services. 8 "(c) APPOINTMENT OF ADMINISTRATOR.-There shall 9 be at the head of the Agency an official to be known as the 10 Administrator for Health Care Policy and Research. The Ad- 11 ministrator shall be appointed by the Secretary. The Secre- 12 tary, acting through the Administrator, shall carry out the 13 authorities and duties established in this title. 14 "SEC. 902. GENERAL AUTHORITIES AND DUTIES. 15 "(a) IN GENERAL.-In carrying out section 901(b), the 16 Administrator shall conduct and support research, demon- 17 stration projects, evaluations, training, guideline develop- 18 ment, and the dissemination of information, on health care 19 services and on systems for the delivery of such services to 20 all Americans, including activities with respect to- 21 "(1) the effectiveness, efficiency, and quality of 22 health care services; 23 "(2) subject to subsection (d), the outcomes of 24 health care services and procedures; HR 4070 IH 42 1 "(3) clinical practice, including primary care and 2 practice-oriented research; 3 "(4) health care technologies, facilities, and 4 equipment; 5 "(5) health care costs, productivity, and market 6 forces; 7 "(6) health promotion and disease prevention; 8 "(7) health statistics and epidemiology; and 9 "(8) medical liability. 10 "(b) REQUIREMENTS WITH RESPECT TO RURAL 11 AREAS AND UNDERSERVED POPULATIONS.-In carrying 12 out subsection (a), the Administrator shall undertake and sup- 13 port research, demonstration projects, and evaluations with 14 respect to- 15 "(1) the delivery of health care services in rural 16 areas (including frontier areas) to Americans of all 17 ages; and 18 "(2) the health of low-income groups, minority 19 groups, and the elderly.". 20 (b) FORUM FOR QUALITY AND EFFECTIVENESS IN 21 HEALTH CARE.-So much of part B of title IX of the Public 22 Health Service Act as precedes section 912(c) is amended to 23 read as follows: HR 4070 IH 43 1 "PART B-FORUM FOR QUALITY AND 2 EFFECTIVENESS IN HEALTH CARE 3 "SEC. 911. ESTABLISHMENT OF OFFICE. 4 "There is established within the Agency an office to be 5 known as the Office of the Forum for Quality and Effective- 6 ness in Health Care. The office shall be headed by a Direc- 7 tor, who shall be appointed by the Administrator. 8 "SEC. 912. DUTIES. 9 "(a) ESTABLISHMENT OF FORUM PROGRAM.-The 10 Administrator, acting through the Director, shall establish a 11 program to be known as the Forum for Quality and Effec- 12 tiveness in Health Care. For the purpose of promoting the 13 quality, appropriateness, and effectiveness of health care, the 14 Director, using the process set forth in section 913, shall 15 arrange for the development and periodic review and up- 16 dating of- 17 "(1) clinically relevant guidelines that may be 18 used by physicians, educators, and health care practi- 19 tioners to assist in determining how diseases, disorders, 20 and other health conditions can most effectively and 21 appropriately be prevented, diagnosed, treated, and 22 managed clinically; and 23 "(2) standards of quality, performance measures, 24 and medical review criteria through which health care 25 providers and other appropriate entities may assess or HR 4070 IH 44 1 review the provision of health care and assure the 2 quality of such care. 3 "(b) CERTAIN REQUIREMENTS.-Guidelines, stand- 4 ards, performance measures, and review criteria under sub- 5 section (a) shall- 6 "(1) be based on the best available research and 7 professional judgment regarding the effectiveness and 8 appropriateness of health care services and procedures; 9 "(2) be presented- 10 "(A) in formats appropriate for use by physi- 11 cians, health care practitioners, providers, medical 12 educators, and medical review organizations, 13 "(B) in formats appropriate for use by group 14 health plans (as defined in section 601(a)(1) of the 15 Employee Retirement Income Security Act of 16 1974), health benefits systems established and 17 maintained by States in accordance with subpart 18 C of part 6 of subtitle B of title I of the Employ- 19 ee Retirement Income Security Act of 1974, and 20 alternative basic health benefits systems with re- 21 spect to which the Secretary has made a determi- 22 nation pursuant to section 4 of the Universal 23 Health Benefits Empowerment and Partnership 24 Act of 1990 relating to an element of coverage 25 described in section 4(a)(2)(B) of such Act, and HR 4070 IH 45 1 "(C) in formats appropriate for use by con- 2 sumers of health care; and 3 "(3) include treatment-specific or condition-specif- 4 ic practice guidelines for clinical treatments and condi- 5 tions in forms appropriate for use in clinical practice, 6 for use in educational programs, and for use in review- 7 ing quality and appropriateness of medical care.". 8 (c) DISSEMINATION OF STANDARDS, CRITERIA, 9 ETc.-Section 914(c) of the Public Health Service Act is 10 amended to read as follows: 11 "(c) DISSEMINATION.- 12 "(1) IN GENERAL.-The Director shall promote 13 and support the dissemination of the guidelines, stand- 14 ards, performance measures, and review criteria de- 15 scribed in section 912(a). 16 "(2) ORGANIZATIONS UTILIZED.-Such dissemi- 17 nation shall be carried out through- 18 "(1) organizations representing health care 19 providers, 20 "(2) group health plans (as defined in section 21 601(a)(1) of the Employee Retirement Income Se- 22 curity Act of 1974), 23 "(3) health benefits systems established and 24 maintained by States in accordance with subpart HR 4070 IH 46 1 C of part 6 of subtitle B of title I of the Employ- 2 ee Retirement Income Security Act of 1974, 3 "(4) alternative basic health benefits systems 4 with respect to which the Secretary has made a 5 determination pursuant to section 4 of the Univer- 6 sal Health Benefits Empowerment and Partner- 7 ship Act of 1990 relating to an element of cover- 8 age described in section 4(a)(2)(B) of such Act, 9 "(5) organizations representing health care 10 consumers, 11 "(6) peer review organizations, 12 "(7) accrediting bodies, and 13 "(8) other appropriate entities." 14 (d) STUDY OF ROLE OF PRACTICE GUIDELINES IN RE- 15 DUCING MALPRACTICE COSTS.-As soon as practicable 16 after the date of the enactment of this Act, the Federal Advi- 17 sory Council on Health Care Coverage and Costs shall un- 18 dertake a study of the manner in which practice guidelines 19 may be used in reducing medical malpractice costs. The 20 Council shall submit the results of such study together with 21 any recommendations to the Secretary of Health and Human 22 Services. 23 (e) AUTHORIZATION OF ADDITIONAL APPROPRIA- 24 TIONS.-Section 926(a) of the Public Health Service Act is 25 amended by adding at the end the following: "In addition to HR 4070 IH 47 1 amounts otherwise authorized by this subsection, for the pur- 2 pose of carrying out the amendments made by section 8 of 3 the Universal Health Benefits Empowerment and Partner- 4 ship Act of 1990, there are authorized to be appropriated 5 $10,000,000 for fiscal year 1991, $15,000,000 for fiscal year 6 1992, and $20,000,000 for fiscal year 1993." 7 SEC. 9. FEDERAL ADVISORY COUNCIL ON HEALTH CARE 8 COVERAGE AND COSTS. 9 (a) IN GENERAL.-There is hereby established a Fed- 10 eral Advisory Council on Health Care Coverage and Costs 11 for the purpose of reviewing, overseeing, and making recom- 12 mendations relating to the implementation of the provisions 13 of this Act and studying the causes of changes in the costs of 14 health care coverage and delivery. 15 (b) MEMBERSHIP.-The Council shall consist of a 16 Chairman and 12 other persons, appointed by the Secretary 17 of Health and Human Services with the concurrence of the 18 Secretary of Labor and without regard to the provisions of 19 title 5, United States Code, governing appointments in the 20 competitive service. The appointed members shall, to the 21 extent possible, represent organizations of small and large 22 employers, employee organizations, health care providers, 23 providers of group health plan coverage, State and local gov- 24 ernments, the field of actuarial counseling, and the general 25 public. HR 4070 IH 48 1 (c) EXPENSES.- 2 (1) SERVICES AND ASSISTANCE.-The Council is 3 authorized to engage such technical assistance, includ- 4 ing actuarial services, as may be required to carry out 5 its functions, and the Secretary of Health and Human 6 Services and the Secretary of Labor shall, in addition, 7 make available to the Council such secretarial, clerical, 8 and other assistance as it may require to carry out 9 such functions. The Secretary of Health and Human 10 Services and the Secretary of Labor shall, in addition, 11 make available to the Council such actuarial and other 12 pertinent data prepared by the Department of Health 13 and Human Services, the Department of Labor, or 14 other agencies of the Government as it may require to 15 carry out such functions. 16 (2) TRAVEL AND PER DIEM.-Appointed members 17 of the Council, while serving on the business of the 18 Council (inclusive of travel time), while SO serving 19 away from their homes or regular places of business, 20 may be allowed travel expenses, including per diem in 21 lieu of subsistence, as authorized by section 5703 of 22 title 5, United States Code, for persons in the Govern- 23 ment employed intermittently. 24 (d) FUNCTIONS.-The Council shall- HR 4070 IH 49 1 (1) make timely recommendations to the Secretary 2 of Health and Human Services for purposes of the is- 3 suance of initial regulations in accordance with para- 4 graphs (1) and (2) of section 3(b), 5 (2) make recommendations to the Secretary of 6 Health and Human Services relating to appropriate 7 mechanisms for and the frequency of revisions of regu- 8 lations in accordance with paragraph (3) of section 9 3(b), 10 (3) otherwise advise the Secretary of Health and 11 Human Services and the Secretary of Labor with re- 12 spect to the implementation of the amendments made 13 by this Act, 14 (4) offer States and other entities advice regarding 15 health benefits systems and implementation of the 16 amendments made by this Act, 17 (5) serve as a forum for exchange of advice, rec- 18 ommendations, and information regarding the amend- 19 ments made by this Act, their implementation, and 20 health benefits systems established and maintained by 21 States, and otherwise foster cooperation between 22 States and other entities in implementing such amend- 23 ments, 24 (6) make from time to time such recommendations 25 as it considers appropriate relating to possible improve- HR 4070 IH 50 1 ments relating to the financing and affordability of 2 health care coverage for individuals eligible for cover- 3 age under health benefits systems established and 4 maintained by States and other entities, and 5 (7) make from time to time such recommendations 6 to the Secretary of Health and Human Services and to 7 the Congress as it considers appropriate relating to 8 changes in the costs of health care coverage and 9 delivery. 10 (e) REPORTS.-The Council shall, at least annually, 11 submit a report to the Secretary of Health and Human Serv- 12 ices and the Secretary of Labor of any findings or recommen- 13 dations relating to matters considered by the Council, and 14 such reports shall thereupon be transmitted to the Congress. 15 (f) FINAL REPORT AND TERMINATION.-Upon the re- 16 quest of the Secretary of Health and Human Services, the 17 Council shall submit a final report to such Secretary and the 18 Secretary of Labor. The Council shall terminate upon the 19 submission of such final report. 20 SEC. 10. INCREASE IN DEDUCTION FOR HEALTH. INSURANCE 21 COSTS OF SELF-EMPLOYED INDIVIDUALS 22 FROM 25 PERCENT TO 100 PERCENT. 23 (a) IN GENERAL.-Paragraph (1) of section 162(1) of 24 the Internal Revenue Code of 1986 (relating to special rules HR 4070 IH 51 1 for health insurance costs of self-employed individuals) is 2 amended by striking "25 percent of". 3 (b) REPEAL OF TERMINATION PROVISION.-Para- 4 graph (5) of section 162(1) of such Code (relating to termina- 5 tion) is repealed. 6 SEC. 11. EFFECTIVE DATES. 7 (a) SECTIONS 3 AND 5.-The amendments made by 8 section 3 shall take effect January 1, 1993, and the amend- 9 ments made by section 5 shall apply with respect to plan 10 years beginning on or after such date. 11 (b) SECTION 4.-The provisions of section 4 shall take 12 effect on the date of the enactment of this Act. 13 (c) SECTION 6.-The amendments made by section 6(b) 14 shall take effect January 1, 1991. The amendments made by 15 section 6(a) shall take effect January 1, 1991, except that 16 with respect to plans in effect on the date of the enactment of 17 this Act, such amendments shall take effect on the effective 18 date of section 3. 19 (d) SECTION 7.-The amendments made by section 7(a) 20 shall apply with respect to determinations made on or after 21 January 1, 1991. The amendment made by section 7(b) shall 22 apply to plan years beginning on or after January 1, 1991. 23 (e) SECTION 8.-The amendments made by section 8 24 shall take effect January 1, 1991. HR 4070 IH 52 1 (f) SECTION 9.-The provisions of section 9 shall take 2 effect on the date of the enactment of this Act. 3 (g) SECTION 10.-The amendments made by section 10 4 shall apply with respect to taxable years beginning on or 5 after January 1, 1991. HR 4070 IH II 101ST CONGRESS 2D SESSION S.2199 To amend the Internal Revenue Code of 1986 with respect to the tax treatment of the transfer of excess pension assets to retiree health accounts, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 28 (legislative day, JANUARY 23), 1990 Mr. PACKWOOD (for himself and Mr. BOSCHWITZ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 with respect to the tax treatment of the transfer of excess pension assets to retiree health accounts, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. 4 (a) SHORT TITLE.-This Act may be cited as the 5 "Health and Long-Term Care Security Act of 1990". 6 (b) AMENDMENT OF 1986 CODE.-Except as otherwise 7 expressly provided, whenever in this Act an amendment or 8 repeal is expressed in terms of an amendment to, or repeal of, 9 a section or other provision, the reference shall be considered 2 1 to be made to a section or other provision of the Internal 2 Revenue Code of 1986. 3 TITLE I-TREATMENT OF LONG- 4 TERM HEALTH CARE 5 SEC. 101. MEDICAL DEDUCTIONS FOR LONG-TERM HEALTH 6 CARE EXPENSES. 7 (a) IN GENERAL.-Section 213(d) (defining medical 8 care) is amended by adding at the end thereof the following 9 new paragraph: 10 "(9) LONG-TERM HEALTH CARE.- 11 "(A) IN GENERAL.-The term 'medical care' 12 includes long-term health care. 13 "(B) LONG-TERM HEALTH CARE.-For pur- 14 poses of subparagraph (A)- 15 "(i) IN GENERAL.-The term 'long- 16 term health care' means the providing by a 17 qualified provider in a qualified facility of 18 necessary diagnostic, preventive, therapeutic, 19 rehabilitative, and personal care services, re- 20 quired by a chronically ill individual. 21 "(ii) CERTAIN ITEMS NOT INCLUDED.- 22 The term 'long-term health care' does not in- 23 clude basic medicare supplement coverage, 24 basic hospital expense coverage, basic medi- 25 cal-surgical expense coverage, hospital con- S 2199 IS 3 1 finement indemnity coverage, major medical 2 expense coverage, disability income protec- 3 tion coverage, accident only coverage, speci- 4 fied disease or specified accident coverage, or 5 limited benefit health coverage. 6 "(iii) QUALIFIED FACILITY.-For pur- 7 poses of the subparagraph, the term 'quali- 8 fied facility' means- 9 "(I) a rehabilitative, hospice, or 10 adult day care facility, including a hos- 11 pital, retirement home, skilled nursing 12 facility (within the meaning of section 13 1919(a) of the Social Security Act), or 14 other similar facility determined by the 15 plan administrator, or 16 "(II) a home where the chronically 17 ill individual resides. 18 "(iv) CHRONICALLY ILL INDIVIDUAL.- 19 For purposes of this subparagraph, the term 20 'chronically ill individual' means an individ- 21 ual whose disability is such that the individ- 22 ual has been certified as requiring assistance 23 with daily living (as defined by the plan ad- 24 ministrator) for a period of at least 90 days. S 2199 IS 4 1 "(v) QUALIFIED PROVIDER.-For pur- 2 poses of this subparagraph, the term 'quali- 3 fied provider' means a medical practitioner 4 licensed under State law, registered nurse, li- 5 censed vocational nurse, qualified therapist, 6 or trained home health aid (or any organiza- 7 tion employing such providers), but does not 8 include a relative or other person who ordi- 9 narily resides in the home where the chron- 10 ically ill individual resides." 11 (b) EFFECTIVE DATE.- 12 (1) IN GENERAL.-The amendment made by this 13 section shall apply to taxable years beginning after De- 14 cember 31, 1990. 15 (2) No INFERENCE.-Nothing in the amendment 16 made by this section shall be construed to infer that 17 long-term health care is or is not medical care for pur- 18 poses of section 213 of the Internal Revenue Code of 19 1986 for taxable years beginning before January 1, 20 1991, and any determination of such issue shall be 21 made as if this section had not been enacted. S 2199 IS 5 1 SEC. 102. TREATMENT OF LONG-TERM HEALTH CARE INSUR- 2 ANCE CONTRACTS FOR INCOME TAXATION OF 3 INSURANCE COMPANIES. 4 (a) IN GENERAL.-Section 818 (relating to other defini- 5 tions and special rules involving life insurance companies) is 6 amended by adding at the end thereof the following new 7 subsection: 8 "(g) TREATMENT OF LONG-TERM HEALTH CARE IN- 9 SURANCE CONTRACTS.- 10 "(1) GENERAL RULE.-For purposes of this sub- 11 chapter, insurance contracts which provide long-term 12 health care shall be treated in the same manner as 13 noncancellable accident or health insurance contracts. 14 "(2) LONG-TERM HEALTH CARE.-For purposes 15 of paragraph (1), the term 'long-term health care' has 16 the meaning given such term by section 213(d)(9)(B)." 17 (b) EFFECTIVE DATE.-The amendment made by this 18 section shall apply to contracts entered into before, on, or 19 after the date of the enactment of this Act. 20 TITLE II-EMPLOYER FUNDING 21 OF MEDICAL BENEFITS 22 SEC. 201. MEDICAL BENEFITS FOR RETIRED EMPLOYEES AND 23 THEIR SPOUSES AND DEPENDENTS. 24 (a) IN GENERAL.-Section 401(h) (relating to medical, 25 etc., benefits for retired employees and their spouses and de- 26 pendents) is amended to read as follows: S 2199 IS 6 1 "(h) RETIREE HEALTH ACCOUNTS.- 2 "(1) GENERAL RULE.-Under regulations pre- 3 scribed by the Secretary, a defined benefit plan may 4 establish and maintain a separate health benefits ac- 5 count for the payment of medical benefits of retired 6 employees and their spouses and dependents. 7 "(2) SEPARATE ACCOUNTING REQUIRED.-An 8 employer establishing a health benefits account shall 9 maintain separate accounts within the health benefits 10 account for funded reserve accounts established under 11 section 420A. 12 "(3) USE OF ASSETS.-Subject to the provisions 13 of part III of this subchapter, the corpus or income of 14 a health benefits account shall not be used for, or di- 15 verted to, any purpose other than providing medical 16 benefits to retired employees and their spouses and 17 dependents. 18 "(4) KEY EMPLOYEES.- 19 "(A) IN GENERAL.-In the case of an em- 20 ployee who is a key employee- 21 "(i) a separate account shall be estab- 22 lished and maintained for medical benefits 23 payable to such employee (and the employ- 24 ee's spouse or dependents), and S 2199 IS 7 1 "(ii) medical benefits of such employee, 2 spouse, or dependents which are attributable 3 to plan years beginning after March 31, 4 1984, for which the employee is a key em- 5 ployee may be payable only from such ac- 6 count. 7 "(B) KEY EMPLOYEE.-For purposes of sub- 8 paragraph (A), the term 'key employee' means 9 any employee who, at any time during the plan 10 year or any preceding plan year during which 11 contributions were made on behalf of such em- 12 ployee, is or was a key employee (as defined in 13 section 416(i)). 14 "(5) APPLICABLE RULES.-For rules applicable 15 to health benefits accounts, see subpart E of this part 16 (sec. 420 et seq.)." 17 (b) CONFORMING AMENDMENT.-Section 415(1)(2) (re- 18 lating to treatment of certain medical benefits) is amended by 19 inserting "by reason of section 401(h)(4)" after "dependents" 20 in subparagraph (B). 21 (c) EFFECTIVE DATE.- 22 (1) IN GENERAL.-Except as provided in para- 23 graph (2), the amendments made by this section shall 24 apply to years beginning after December 31, 1990. 25 (2) TRANSITION RULE.-In the case of- S 2199 IS 8 1 (A) a plan other than a defined benefit plan, 2 or 3 (B) a defined benefit plan which elects, at 4 such time and in such manner as the Secretary of 5 the Treasury or his delegate may prescribe, to 6 have this paragraph apply, 7 which on or before the date of the enactment of this 8 Act established an account to which section 401(h) of 9 the Internal Revenue Code of 1986 (as in effect before 10 the amendments made by this section) applied (and 11 which is in existence on such date), the amendments 12 made by this section shall not apply to such account. 13 SEC. 202. TREATMENT OF HEALTH BENEFITS ACCOUNTS. 14 (a) IN GENERAL.-Part III of subchapter D of chapter 15 1 (relating to health benefits accounts), as added by section 16 301 of this Act, is amended by adding at the end thereof the 17 following new subpart: 18 "Subpart B-Treatment of Health Benefits Accounts "Sec. 420A. Deduction for employer contributions to health benefits accounts. "Sec. 420B. Funded reserve account. "Sec. 420C. Definitions; special rules. 19 "SEC. 420A. DEDUCTION FOR EMPLOYER CONTRIBUTIONS TO 20 HEALTH BENEFITS ACCOUNTS. 21 "(a) GENERAL RULE.-Amounts paid by an employer 22 to a defined benefit plan which are allocated to a health bene- 23 fits account- S 2199 IS 9 1 "(1) shall not be allowed as a deduction under this 2 chapter, but 3 "(2) if they would otherwise be deductible, shall 4 be allowed as a deduction under this section for the 5 taxable year in which paid. 6 "(b) LIMITATION.-The amount of the deduction 7 allowable under subsection (a)(2) for any taxable year shall 8 not exceed the health benefits account's qualified cost for the 9 taxable year. 10 "(c) QUALIFIED COST.-For purposes of this section- 11 "(1) IN GENERAL.-The term 'qualified cost' 12 means, with respect to any taxable year, the sum of- 13 "(A) the qualified direct cost for such taxable 14 year, plus 15 "(B) subject to the limitation of section 16 420B(b), any addition to the funded reserve ac- 17 count established under section 420B. 18 "(2) QUALIFIED DIRECT COST.- 19 "(A) IN GENERAL.-The term 'qualified 20 direct cost' means, with respect to any taxable 21 year, the aggregate amount (including administra- 22 tive expenses) which would have been allowable 23 as a deduction to the employer with respect to the 24 qualified section 401(h) medical benefits provided S 2199 IS—2 10 1 through the health benefits account during the 2 taxable year if- 3 "(i) such benefits were provided directly 4 by the employer, and 5 "(ii) the employer used the cash receipts 6 and disbursements method of accounting. 7 "(B) TIME WHEN BENEFITS PROVIDED.- 8 For purposes of subparagraph (A), a benefit shall 9 be treated as provided when such benefit would 10 be includible in the gross income of the employee 11 if provided directly by the employer (or would be 12 SO includible but for any provision of this chapter 13 excluding such benefit from gross income). 14 "SEC. 420B. FUNDED RESERVE ACCOUNT. 15 "(a) GENERAL RULE.-For purposes of this subpart 16 and section 401(h), the term 'funded reserve account' means 17 an account within a health benefits account- 18 "(1) to which contributions paid or accrued to a 19 defined benefit plan are allocated to provide a reserve 20 for the payment of qualified section 401(h) medical 21 benefits of employees and their spouses and depend- 22 ents, 23 "(2) with respect to which the only contributions 24 allocated are employer contributions, and 25 "(3) with respect to which- S 2199 IS 11 1 "(A) the vesting requirements of subsection 2 (c), 3 "(B) the portability requirements of subsec- 4 tion (d), and 5 "(C) the availability requirements of subsec- 6 tion (e), 7 are met. 8 "(b) LIMITATION ON ALLOCATION TO ACCOUNT.- 9 "(1) IN GENERAL.-No amount may be allocated 10 to a funded reserve account (and taken into account 11 under section 420A(c)(1)(B)) to the extent such addi- 12 tion results in the amount allocated to such account 13 exceeding the account limit. 14 "(2) ACCOUNT LIMIT.-The account limit for any 15 taxable year is an amount equal to 125 percent of the 16 termination liability of the account as of the close of 17 the last plan year ending with or within the taxable 18 year. 19 "(3) TERMINATION LIABILITY.-For purposes of 20 this section- 21 "(A) IN GENERAL.-The term 'termination 22 liability' means the present value of the qualified 23 section 401(h) medical benefits- 24 "(i) which are to be provided to employ- 25 ees (and their spouses and dependents), and S 2199 IS 12 1 "(ii) any portion of which is to be pro- 2 vided through a funded reserve account. 3 "(B) DETERMINATIONS.-The termination 4 liability under subparagraph (A) shall be deter- 5 mined- 6 "(i) on the basis of actuarial assump- 7 tions which are used in determining the full- 8 funding limitation of the plan under section 9 412(c)(7), 10 "(ii) as if the benefits under the plan 11 commenced at Social Security retirement 12 age, and 13 "(iii) by not taking into account any 14 portion of the maximum annual benefit under 15 the plan for- 16 "(I) benefits (other than post- 17 retirement long-term health care ben- 18 efits) in excess of $1,500,or 19 "(II) post-retirement long-term 20 health care benefits in excess of $1,500. 21 "(C) ADJUSTMENTS TO ACCOUNT.-The 22 amount in the account shall be adjusted at such 23 time and in such manner as the Secretary may 24 prescribe to take into account income, gains, de- S 2199 IS 13 1 ductions, or losses which are properly allocable to 2 amounts in the account. 3 "(D) ACTUARIAL ADJUSTMENT.-For pur- 4 poses of determining termination liability, the ben- 5 efits provided to any participant under the plan 6 shall be actuarially adjusted to reflect any com- 7 mencement of benefits before or after Social Secu- 8 rity retirement age. 9 "(E) EMPLOYEE.-For purposes of this 10 paragraph, the term 'employee' does not include a 11 former employee. 12 "(F) COST-OF-LIVING ADJUSTMENT.-In the 13 case of years beginning after 1992, the $1,500 14 amounts in subparagraph (B) shall be adjusted an- 15 nually at the same time and in the same manner 16 as under section 415(d). 17 "(c) VESTING REQUIREMENTS.- 18 "(1) IN GENERAL.-The requirements of this sub- 19 section are met if the requirements of either subpara- 20 graph (A) or (B) of section 411(a)(2) are met with re- 21 spect to the accrued qualified section 401(h) medical 22 benefits derived from amounts which are allocated to 23 the funded reserve account. 24 "(2) UNIFORM RATE OF ACCRUAL OF BENE- 25 FITS.- S 2199 IS 14 1 "(A) IN GENERAL.-Except as provided in 2 this paragraph, a plan shall not be treated as 3 meeting the requirements of this subsection unless 4 the rate at which benefits accrue during a plan 5 year is the same for all participants. 6 "(B) SPECIAL RULES FOR CERTAIN INDIVID- 7 UALS AGE 55 AND OVER.-A plan shall not be 8 treated as failing to meet the requirements of this 9 subsection if the plan provides that an employee 10 who as of the close of the plan year in which he 11 attains age 55 has accrued less than 30 percent of 12 the maximum amount of benefits which may be 13 accrued under the plan may accrue benefits during 14 succeeding plan years at a greater rate than the 15 rate for other employees (but not in excess of 125 16 percent of such other rate). 17 "(C) MINIMUM HOURS OF SERVICE.-For 18 purposes of subparagraph (A), an employee shall 19 not be treated as a participant for any plan year 20 unless such individual completes more than 500 21 hours of service during such year. 22 "(3) CERTAIN RULES MADE APPLICABLE.- 23 Except to the extent inconsistent with the provisions of 24 this subpart, the rules of section 411 shall apply for 25 purposes of this subsection. S 2199 IS 15 1 "(d) PORTABILITY REQUIREMENTS.- 2 "(1) IN GENERAL.-Except as provided in para- 3 graph (2), the requirements of this subsection are met 4 if, in accordance with procedures determined by the 5 Secretary, the plan provides that- 6 "(A) except as provided in regulations, the 7 plan shall transfer, within 120 days after an em- 8 ployee separates from service with the employer 9 or after the termination of the plan, the present 10 value of the nonforfeitable accrued qualified sec- 11 tion 401(h) medical benefits of the employee at- 12 tributable to amounts which are allocated to the 13 funded reserve account to- 14 "(i) a plan which is maintained by an 15 employer of such employee and which main- 16 tains a health benefits account, or 17 "(ii) if the employer does not maintain a 18 plan described in clause (i), an individual re- 19 tirement account established for the benefit 20 of such employee, and 21 "(B) the plan accepts transfers under sub- 22 paragraph (A) from another plan or individual 23 retirement account. 24 "(2) No TRANSFERS AFTER EMPLOYEE IS DIS- 25 ABLED OR ATTAINS RETIREMENT AGE.-Except in S 2199 IS 16 1 the case of a termination of a plan, a plan shall not 2 meet the requirements of this subsection if it permits 3 the transfer of a benefit after- 4 "(A) an employee has attained Social Securi- 5 ty retirement age, or 6 "(B) an employee has become disabled 7 (within the meaning of section 72(m)(7)). 8 "(3) INCLUSION IN INCOME WHERE MORE THAN 9 1 ACCOUNT.- 10 "(A) IN GENERAL.-If- 11 "(i) an individual is a participant or 12 beneficiary under 2 or more plans maintain- 13 ing a funded reserve account or individual 14 retirement account to which assets were 15 transferred from such a plan, and 16 "(ii) such individual does not (within a 17 reasonable period) consolidate the present 18 value of the individual's nonforfeitable ac- 19 crued benefit in all such plans and the assets 20 SO transferred to all such accounts into 1 21 such plan or into 1 such account, 22 then an amount equal to the sum of the present 23 value of such benefits and the fair market value of 24 such assets shall be treated as distributed in cash 25 to such individual at the close of the plan year for S 2199 IS 17 1 the plan or account involved and such distribution 2 shall be included in gross income. 3 "(B) SPECIAL RULES.- 4 "(i) EMPLOYEE MUST CONSOLIDATE 5 INTO PLAN OF CURRENT EMPLOYER.-In 6 the case of an employee who is employed by 7 an employer maintaining a plan described in 8 subparagraph (A)(i), a consolidation satisfies 9 subparagraph (A) only if such consolidation is 10 into such a plan maintained by such 11 employer. 12 "(ii) MORE THAN 1 CURRENT EMPLOY- 13 ER.-If an individual is a participant in more 14 than 1 plan described in subparagraph (A)(i) 15 by reason of being currently employed by 16 more than 1 employer, such plans shall be 17 treated as 1 plan for purposes of subpara- 18 graph (A). 19 "(iii) EMPLOYEE WITH NO CURRENT 20 EMPLOYER MAINTAINING PLAN.-In the 21 case of an employee who is currently not 22 employed by an employer maintaining a plan 23 described in subparagraph (A)(i), a consolida- 24 tion satisfies subparagraph (A) only if such 25 consolidation is into- S 2199 IS 18 1 "(I) a plan described in subpara- 2 graph (A)(i) maintained by his most 3 recent employer maintaining such plan, 4 or 5 "(II) an individual retirement ac- 6 count of the individual. 7 "(C) AMOUNT TRANSFERRED NOT INCLUD- 8 IBLE IN INCOME.-No amount shall be includible 9 in gross income by reason of any transfer which is 10 part of a consolidation required under this para- 11 graph. 12 "(e) RETIRED EMPLOYEES NOT COVERED BY HEALTH 13 BENEFITS ACCOUNT MAY ELECT COVERAGE.- 14 "(1) IN GENERAL.-The requirements of this sub- 15 section are met if the plan provides that a former em- 16 ployee who- 17 "(A) is in pay status under the plan, but 18 "(B) is not eligible to receive all or any por- 19 tion of qualified section 401(h) medical benefits 20 provided for any period through the funded re- 21 serve account, 22 is entitled to elect such benefits for himself or his 23 spouse and dependents. A plan shall not be treated as 24 failing to meet the requirements of this subsection if an 25 employee is required to pay a premium for such bene- S 2199 IS 19 1 fits as long as such premium does not exceed 102 per- 2 cent of applicable premium for the period such benefits 3 are provided. 4 "(2) APPLICABLE PREMIUM.-For purposes of 5 paragraph (1), the applicable premium for any period 6 shall be determined in the same manner as under sec- 7 tion 4980B(f)(4). 8 "SEC. 420C. DEFINITIONS; SPECIAL RULES. 9 "(a) QUALIFIED SECTION 401(h) MEDICAL BENE- 10 FITS.-For purposes of this subpart, the term 'qualified sec- 11 tion 401(h) medical benefits' means benefits- 12 "(1) which are- 13 "(A) benefits for sickness, accident, hospitali- 14 zation, and medical expenses of former employees 15 who are in pay status under the plan (and their 16 spouse or dependents) after the former 17 employee- 18 "(i) has attained Social Security retire- 19 ment age, or 20 "(ii) is disabled (within the meaning of 21 section 72(m)(7)), or 22 "(B) post-retirement long-term health care 23 benefits, and 24 "(2) which are provided through 1 or more of the 25 following: S 2199 IS 20 1 "(A) insurance acquired by the plan, or 2 "(B) self-insurance by the employer or the 3 plan. 4 Such term does not include any applicable health benefits (as 5 defined in section 420(e)(1)(C)) which are paid out of assets 6 transferred to the health benefits account in a qualified trans- 7 fer under section 420. 8 "(b) POST-RETIREMENT LONG-TERM HEALTH 9 CARE.-For purposes of this subpart- 10 "(1) IN GENERAL.-The term 'post-retirement 11 long-term health care' means long-term health care 12 benefits provided to a former employee (or the spouse 13 of the former employee) who is in pay status under the 14 plan after the former employee- 15 "(A) has attained Social Security retirement 16 age, or 17 "(B) is disabled (within the meaning of sec- 18 tion 72(m)(7)). 19 "(2) SPOUSE OF DECEASED EMPLOYEE.-For 20 purposes of paragraph (1), the spouse of a deceased 21 employee shall be treated- 22 "(A) as a former employee, and 23 "(B) as satisfying the requirements of para- 24 graph (1) if such spouse was receiving benefits im- 25 mediately before the death of the employee. S 2199 IS 21 1 "(3) LONG-TERM HEALTH CARE BENEFIT.- 2 "(A) IN GENERAL.-The term 'long-term 3 health care benefit' means a benefit which con- 4 sists of the providing by a qualified provider in a 5 qualified facility of necessary diagnostic, preven- 6 tive, therapeutic, rehabilitative, and personal care 7 services, required by a chronically ill individual. 8 "(B) CERTAIN ITEMS NOT INCLUDED.-The 9 term 'long-term health care benefits' does not in- 10 clude basic medicare supplement coverage, basic 11 hospital expense coverage, basic medical-surgical 12 expense coverage, hospital confinement indemnity 13 coverage, major medical expense coverage, dis- 14 ability income protection coverage, accident only 15 coverage, specified disease or specified accident 16 coverage, or limited benefit health coverage. 17 "(4) QUALIFIED FACILITY.-The term 'qualified 18 facility' means- 19 "(A) a rehabilitative, hospice, or adult day 20 care facility, including a hospital, retirement 21 home, skilled nursing facility (within the meaning 22 of section 1919(a) of the Social Security Act), or 23 other similar facility determined by the plan ad- 24 ministrator, or S 2199 IS 22 1 "(B) a home where the chronically ill indi- 2 vidual resides. 3 "(5) CHRONICALLY ILL INDIVIDUAL.-The term 4 'chronically ill individual' means an individual whose 5 disability is such that the individual has been certified 6 as requiring assistance with daily living (as defined by 7 the plan administrator) for a period of at least 90 days. 8 "(6) QUALIFIED PROVIDER.-The term 'qualified 9 provider' means a medical practitioner licensed under 10 State law, registered nurse, licensed vocational nurse, 11 qualified therapist, or trained home health aid (or any 12 organization employing such providers), but does not 13 include a relative or other person who ordinarily re- 14 sides in the home where the chronically ill individual 15 resides. 16 "(c) HEALTH BENEFITS ACCOUNT.-For purposes of 17 this subpart, the term 'health benefits account' means an ac- 18 count established and maintained under section 401(h). 19 "(d) SOCIAL SECURITY RETIREMENT AGE.-For pur- 20 poses of this subpart, the term 'Social Security retirement 21 age' has the meaning given such term by section 415(b)(8)." 22 (b) INDIVIDUAL RETIREMENT ACCOUNTS.- 23 (1) IN GENERAL.-Section 408 is amended by re- 24 designating subsection (p) as subsection (q) and by in- S 2199 IS 23 1 serting after subsection (o) the following new subsec- 2 tion: 3 "(p) SPECIAL RULES FOR FUNDED RESERVE Ac- 4 COUNTS.- 5 "(1) IN GENERAL.-A trust shall not be treated 6 as an individual retirement account under subsection 7 (a) unless the trust instrument provides that the trust 8 will accept transfers of assets as provided in section 9 420B(d)(1). 10 "(2) ACCOUNTING.-The trustee of an individual 11 retirement account shall maintain separate accounting 12 for assets transferred to the account under section 13 420B(d)(1) (and any income allocable thereto)." 14 (2) PENALTY FOR EARLY DISTRIBUTIONS.-Sec 15 tion 72(t) (relating to 10-percent additional tax on 16 early distributions) is amended by adding at the end 17 thereof the following new paragraph: 18 "(6) EARLY DISTRIBUTION OF MEDICAL BENE- 19 FITS.-If- 20 "(A) a taxpayer receives a distribution of 21 amounts transferred to an individual retirement 22 account under section 420B(d)(1) (or any income 23 or gain allocable thereto), and 24 "(B) such distribution- S 2199 IS 24 1 "(i) is made before the individual attains 2 Social Security retirement age (within the 3 meaning of section 415(b)(8)) or becomes dis- 4 abled (within the meaning of subsection 5 (m)(7)), or 6 "(ii) exceeds the amount of qualified 7 section 401(h) medical expenses of the tax- 8 payer, his spouse, or dependents for the tax- 9 able year, 10 then paragraph (1) shall apply to such distribution or 11 such excess, except that '50 percent' shall be substitut- 12 ed for '10 percent'. Paragraph (2) shall not apply to a 13 distribution to which this paragraph applies." 14 (c) EXCISE TAX ON ALLOCATED ASSETS NOT USED 15 To PROVIDE RETIREE HEALTH BENEFITS.-Section 4980 16 (relating to tax on reversion of qualified plan assets to em- 17 ployers) is amended by adding at the end thereof the follow- 18 ing new subsection: 19 "(e) ASSETS ALLOCATED TO RETIREE HEALTH BEN- 20 EFITS ACCOUNTS.-In the case of a plan which establishes a 21 health benefits account described in section 401(h), if- 22 "(1) amounts are allocated to a funded reserve ac- 23 count under section 420B, and 24 "(2) any amount in such account is paid or dis- 25 tributed other than to pay for qualified section 401(h) S 2199 IS 25 1 medical benefits (as defined in section 420C(a)) provid- 2 ed through such account, 3 the amount SO paid or distributed shall be treated as an em- 4 ployer reversion for purposes of this section, except that sub- 5 section (a) shall be applied by substituting '100 percent' for 6 '25 percent'." 7 (d) CONFORMING AMENDMENTS.- 8 (1) Section 419(e) (defining welfare benefit fund) is 9 amended by adding at the end thereof the following 10 new paragraph: 11 "(5) HEALTH BENEFITS ACCOUNTS.-The term 12 'welfare benefits fund' does not include any health ben- 13 efits account established under section 401(h)." 14 (2) The table of contents for part III of subchap- 15 ter D of chapter 1 is amended by inserting before the 16 item relating to section 420 the following new items: "Subpart A. Excess pension assets. "Subpart B. Treatment of health benefit accounts. 17 "Subpart A-Excess Pension Assets". 18 (e) EFFECTIVE DATE.- 19 (1) IN GENERAL.-Except as provided in para- 20 graph (2), the amendments made by this section shall 21 apply to contributions after December 31, 1990, in 22 taxable years ending after such date. S 2199 IS 26 1 (2) INDIVIDUAL RETIREMENT ACCOUNTS.-The 2 amendments made by subsection (b) shall apply to ac- 3 counts established after December 31, 1990. 4 TITLE ILI-TRANSFER OF EXCESS 5 PENSION ASSETS 6 SEC. 301. TRANSFER OF EXCESS PENSION ASSETS TO RE- 7 TIREE HEALTH ACCOUNTS. 8 (a) IN GENERAL.-Subchapter D of chapter 1 (relating 9 to deferred compensation) is amended by adding at the end 10 thereof the following new part: 11 "PART ILI-TREATMENT OF TRANSFERS TO 12 RETIREE HEALTH ACCOUNTS "Sec. 420. Transfers of excess pension assets to retiree health ac- counts. 13 "SEC. 420. TRANSFERS OF EXCESS PENSION ASSETS TO RETIR- 14 EE HEALTH ACCOUNTS. 15 "(a) GENERAL RULE.-If there is a qualified transfer of 16 any excess pension assets of a defined benefit plan to a health 17 benefits account which is part of such plan- 18 "(1) a trust which is part of such plan shall not be 19 treated as failing to meet the requirements of subsec- 20 tion (a) or (h) of section 401 solely by reason of such 21 transfer (or any other action authorized under this sec- 22 tion), 23 "(2) no amount shall be includible in the gross 24 income of the employer maintaining the plan solely by S 2199 IS 27 1 reason of such transfer, and such transfer shall not be 2 treated as an employer reversion for purposes of sec- 3 tion 4980, and 4 "(3) the limitations of subsection (d) shall apply to 5 such employer. 6 "(b) QUALIFIED TRANSFER.-For purposes of this sec- 7 tion- 8 "(1) IN GENERAL.-The term 'qualified transfer' 9 means a transfer of excess pension assets by a defined 10 benefit plan to a health benefits account in a taxable 11 year beginning after December 31, 1990, with respect 12 to which the plan meets- 13 "(A) the use requirements of subsection 14 (c)(1), 15 "(B) the minimum benefit requirements of 16 subsection (c)(2), and 17 "(C) the long-term health care requirements 18 of subsection (c)(3). 19 "(2) ONLY 1 TRANSFER PER YEAR.- 20 "(A) IN GENERAL.-No more than 1 trans- 21 fer with respect to any plan during a taxable year 22 may be treated as a qualified transfer. 23 "(B) EXCEPTION.-A transfer described in 24 paragraph (4) shall not be taken into account for 25 purposes of subparagraph (A). S 2199 IS 28 1 "(3) LIMITATION ON AMOUNT TRANSFERRED.- 2 The amount of excess pension assets which may be 3 transferred in a qualified transfer shall not exceed the 4 amount which is reasonably estimated to be the 5 amount the employer maintaining the plan will pay out 6 of such account under such plan during the taxable 7 year of the transfer for qualified current retiree health 8 liabilities. 9 "(4) SPECIAL RULE FOR 1990.- 10 "(A) IN GENERAL.-Subject to the provi- 11 sions of subsection (c), a transfer shall be treated 12 as a qualified transfer if such transfer- 13 "(i) is made after the close of the tax- 14 able year preceding the taxpayer's first tax- 15 able year beginning after December 31, 16 1990, and before the due date (including ex- 17 tensions) for filing the return of tax for such 18 preceding taxable year, and 19 "(ii) does not exceed the expenditures of 20 the employer for qualified current retiree 21 health liabilities for such preceding taxable 22 year. 23 "(B) INCLUSION WITH 1991 TRANSFER.- 24 An employer may elect to include the transfer de- 25 scribed in subparagraph (A) as part of the quali- S 2199 IS 29 1 fied transfer for the employer's first taxable year 2 beginning after December 31, 1990. If an election 3 is made under this subparagraph, the limitation 4 under paragraph (3) for the taxable year shall be 5 increased by the amount determined under sub- 6 paragraph (A)(ii). 7 "(C) COORDINATION WITH REDUCTION 8 RULE.-Subsection (e)(1)(B) shall not apply to a 9 transfer described in subparagraph (A) with re- 10 spect to contributions to a welfare benefit fund. 11 "(5) TERMINATION.-No transfer in any taxable 12 year beginning after December 31, 1995, shall be 13 treated as a qualified transfer. 14 "(c) REQUIREMENTS OF PLANS TRANSFERRING 15 ASSETS.- 16 "(1) USE OF TRANSFERRED ASSETS.- 17 "(A) IN GENERAL.-Any assets transferred 18 to a health benefits account in a qualified transfer 19 (and any income allocable thereto) shall be used 20 only to pay qualified current retiree health liabil- 21 ities (whether directly or through reimbursement). 22 "(B) AMOUNTS NOT USED TO PAY FOR 23 HEALTH BENEFITS.-Any assets transferred to a 24 health benefits account in a qualified transfer (and 25 any income allocable thereto) which are not used S 2199 IS 30 1 as provided in subparagraph (A) for the taxable 2 year of such transfer- 3 "(i) shall be transferred out of the ac- 4 count to the transferor plan, but 5 "(ii) shall not be includible in the gross 6 income of the employer for such taxable 7 year, and shall not be treated, for purposes 8 of section 4980, as an employer reversion. 9 "(2) MINIMUM BENEFIT REQUIREMENTS.- 10 "(A) IN GENERAL.-The requirements of 11 this paragraph are met if the applicable employer 12 cost for each year during the benefit maintenance 13 period is not less than the highest applicable em- 14 ployer cost for the 2 taxable years immediately 15 preceding the taxable year of the qualified 16 transfer. 17 "(B) APPLICABLE EMPLOYER cost.-For 18 purposes of this paragraph- 19 "(i) IN GENERAL.-The term 'applica- 20 ble employer cost' means the average em- 21 ployer cost per covered employee in provid- 22 ing applicable health benefits to covered em- 23 ployees. 24 "(ii) COVERED EMPLOYEE.-The term 25 'covered employee' means any employee who S 2199 IS 31 1 is taken into account in determining the 2 qualified current retiree health liabilities with 3 respect to any qualified transfer. 4 "(C) BENEFIT MAINTENANCE PERIOD.-For 5 purposes of this paragraph, the term 'benefit 6 maintenance period' means the 3-taxable-year 7 period beginning with the taxable year in which 8 the qualified transfer occurs. If there is more than 9 1 qualified transfer applicable to any taxable year, 10 this paragraph shall be applied by taking into ac- 11 count the highest applicable employer cost. 12 "(D) MULTIPLE PLANS.-If applicable 13 health benefits are provided through more than 1 14 plan, such plans shall be treated as 1 plan for de- 15 termining the applicable employer cost. 16 "(E) SEPARATE APPLICATION FOR MEDI- 17 CARE-ELIGIBLE EMPLOYEES.-At the election of 18 the employer, this paragraph may be applied sep- 19 arately with respect to- 20 "(i) employees who are entitled to bene- 21 fits under title XVIII of the Social Security 22 Act, and 23 "(ii) employees not described in clause 24 (i). S 2199 IS 32 1 "(3) LONG-TERM HEALTH CARE REQUIRE- 2 MENTS.- 3 "(A) IN GENERAL.-The requirements of 4 this paragraph are met if each employer maintain- 5 ing the plan- 6 "(i) makes available on and after the re- 7 quired beginning date a program providing 8 for long-term health care benefits to current 9 or retired employees through- 10 "(I) a health benefits account, 11 "(II) a cafeteria plan (as defined in 12 section 125(d)), or 13 "(III) any other arrangement 14 meeting the requirements of this chap- 15 ter, and 16 "(ii) participates in the cost of such pro- 17 gram. 18 "(B) LONG-TERM HEALTH CARE.-For pur- 19 poses of subparagraph (A)- 20 "(i) IN GENERAL.-The term 'long- 21 term health care benefit' means a benefit 22 which consists of the providing by a qualified 23 provider in a qualified facility of necessary 24 diagnostic, preventive, therapeutic, rehabili- S 2199 IS 33 1 tative, and personal care services, required 2 by a chronically ill individual. 3 "(ii) CERTAIN ITEMS NOT INCLUDED.- 4 The term 'long-term health care benefits' 5 does not include basic medicare supplement 6 coverage, basic hospital expense coverage, 7 basic medical-surgical expense coverage, hos- 8 pital confinement indemnity coverage, major 9 medical expense coverage, disability income 10 protection coverage, accident only coverage, 11 specified disease or specified accident cover- 12 age, or limited benefit health coverage. 13 "(iii) QUALIFIED FACILITY.-For pur- 14 poses of this subparagraph, the term 'quali- 15 fied facility' means- 16 "(I) a rehabilitative, hospice, or 17 adult day care facility, including a hos- 18 pital, retirement home, skilled nursing 19 facility (within the meaning of section 20 1919(a) of the Social Security Act), or 21 other similar facility determined by the 22 plan administrator, or 23 "(II) a home where the chronically 24 ill individual resides. S 2199 IS 34 1 "(iv) CHRONICALLY ILL INDIVIDUAL.- 2 For purposes of this subparagraph, the term 3 'chronically ill individual' means an individ- 4 ual whose disability is such that the individ- 5 ual has been certified as requiring assistance 6 with daily living (as defined by the plan ad- 7 ministrator) for a period of at least 90 days. 8 "(v) QUALIFIED PROVIDER.-For pur- 9 poses of this subparagraph, the term 'quali- 10 fied provider' means a medical practitioner 11 licensed under State law, registered nurse, li- 12 censed vocational nurse, qualified therapist, 13 or trained home health aid (or any organiza- 14 tion employing such providers), but does not 15 include a relative or other person who ordi- 16 narily resides in the home where the chron- 17 ically ill individual resides. 18 "(C) REQUIRED BEGINNING DATE.-For 19 purposes of paragraph (1), the term 'required be- 20 ginning date' means the later of the date which 21 is- 22 "(i) 2 years after the date of the enact- 23 ment of this paragraph, or S 2199 IS 35 1 "(ii) 2 years after the date on which 2 excess pension assets are allocated to the 3 excess asset account. 4 A plan may provide a date which is earlier than 5 the date determined under the preceding sentence. 6 "(d) LIMITATIONS ON EMPLOYER.-For purposes of 7 this title- 8 "(1) DEDUCTION LIMITATIONS. No deduction 9 shall be allowed- 10 "(A) for the transfer of any amount to a 11 health benefits account in a qualified transfer (or 12 any retransfer to the plan under subsection 13 (c)(1)(B)), 14 "(B) for qualified current retiree health liabil- 15 ities paid out of the assets (and income) described 16 in subsection (c)(1), or 17 "(C) for any amounts to which subparagraph 18 (B) does not apply and which are paid for quali- 19 fied current retiree health liabilities for the tax- 20 able year to the extent such amounts are not 21 greater than the excess (if any) of- 22 "(i) the amount determined under sub- 23 paragraph (A) (and income allocable thereto), 24 over S 2199 IS 36 1 "(ii) the amount determined under sub- 2 paragraph (B). 3 "(2) No CONTRIBUTIONS ALLOWED.-An em- 4 ployer may not contribute after December 31, 1990, 5 any amount to a health benefits account or welfare 6 benefit fund (as defined in section 419(e)(1)) with re- 7 spect to qualified current retiree health liabilities for 8 which transferred assets are required to be used under 9 subsection (c)(1). 10 "(e) DEFINITION AND SPECIAL RULES.-For purposes 11 of this section- 12 "(1) QUALIFIED CURRENT RETIREE HEALTH LI- 13 ABILITIES.-For purposes of this section- 14 "(A) IN GENERAL.-The term 'qualified cur- 15 rent retiree health liabilities' means, with respect 16 to any taxable year, the aggregate amounts (in- 17 cluding administrative expenses) which would 18 have been allowable as a deduction to the em- 19 ployer for such taxable year with respect to appli- 20 cable health benefits provided during such taxable 21 year if- 22 "(i) such benefits were provided directly 23 by the employer, and 24 "(ii) the employer used the cash receipts 25 and disbursements method of accounting. S 2199 IS 37 1 For purposes of the preceding sentence, the rule 2 of section 419(c)(3)(B) shall apply. 3 "(B) REDUCTIONS FOR AMOUNTS PREVI- 4 OUSLY SET ASIDE.-The amount determined 5 under subparagraph (A) shall be reduced by any 6 amount previously contributed to a health benefits 7 account or welfare benefit fund (as defined in sec- 8 tion 419(e)(1)) to pay for the qualified current re- 9 tiree health liabilities. 10 "(C) APPLICABLE HEALTH BENEFITS.- 11 The term 'applicable health benefits' means health 12 benefits which are provided through the health 13 benefits account maintained by the employer to 14 employees of such employer who- 15 "(i) are eligible for pension benefits 16 under the defined benefit plan maintaining 17 the health benefits account, and 18 "(ii) have retired on or before the date 19 of the qualified transfer. 20 "(D) KEY EMPLOYEES EXCLUDED.-If an 21 employee is a key employee (within the meaning 22 of section 416(i)(1)) with respect to any plan year 23 ending in a taxable year, such employee shall not 24 be taken into account in computing qualified cur- 25 rent retiree health liabilities for such taxable year. S 2199 IS 38 1 "(2) EXCESS PENSION ASSETS.-The term 2 'excess pension assets' means the excess (if any) of- 3 "(A) the amount determined under section 4 412(c)(7)(A)(ii), over 5 "(B) the amount determined under section 6 412(c)(7)(A)(i). 7 "(3) HEALTH BENEFITS ACCOUNT.-The term 8 'health benefits account' means an account established 9 and maintained under section 401(h). 10 "(4) COORDINATION WITH FULL-FUNDING LIMI- 11 TATION.-For purposes of determining the full-funding 12 limitation of any plan under paragraph (7) or (12) of 13 section 412(c), the assets transferred to a health bene- 14 fits account in a qualified transfer (and any income al- 15 locable thereto) shall be treated as assets of such 16 plan." 17 (b) CONFORMING AMENDMENT.-Section 401(h) is 18 amended by inserting ", and subject to the provisions of sec- 19 tion 420" after "Secretary". 20 (c) EFFECTIVE DATE.-The amendments made by this 21 section shall apply to taxable years beginning after 22 December 31, 1990. O S 2199 IS