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OFFICE PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 November 19, 1991 (House) STATEMENT OF ADMINISTRATION POLICY (THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.) H.R. 3595 - Medicaid Moratorium Amendments of 1991 (Waxman (D) CA and 135 others) The Administration strongly opposes H.R. 3595. If it were presented to the President, his senior advisers would recommend a veto. H.R. 3595 would extend through September 30, 1992, the moratorium on Medicaid regulations pertaining to the use of provider- specific taxes and donations to increase Federal funding for State Medicaid programs. The current moratorium would otherwise expire on December 31, 1991. H.R. 3595 would also allow voluntary contributions to be used as the State share for Medicaid through December 31, 1992. In addition, a new and permanent moratorium would be applied to any regulation changing the treatment of intergovernmental transfers of funds as a source of the State share of Medicaid costs. H.R. 3595 is unacceptable legislation because: -- Inappropriate State spending through these schemes, if unchecked, could increase the Federal deficit -- adding an estimated $5.5 billion this year and $40 to $50 billion for FYs 1992 through 1996. -- The bill violates the Budget Enforcement Act of 1990 (BEA). It designates the provisions of the bill as emergency requirements under the BEA and prohibits the added costs from being counted under the pay-as-you-go provisions of the BEA. In addition, H.R. 3595 includes a "directed scorekeeping" provision that specifies the dollar amounts that are to be used in estimating costs under the bill. The President has stated previously that he would veto any legislation that contained such a provision. -- The moratorium on provider-specific taxes and donations was established in 1988 and has been extended twice in Administration-opposed provisions in OBRA 1989 and OBRA 1990 that received little congressional attention. Congress and the States have been on notice since 1988 that the Federal Government was planning to act in this area. Yet Congress has twice extended the moratorium, declaring that more time is needed to examine the issue. During this time, the number of States with provider-specific taxes, donations programs, or both has skyrocketed from seven States and $200 2 million in 1990 to over 40 States and an estimated $5.5 billion in 1992. Last year's moratorium alone resulted in at least a tenfold increase in Federal funding associated with States' use of provider tax and contribution programs. Many more billions of dollars will be provided to the States inappropriately through a distorted match system under another moratorium. -- A permanent moratorium on changing the treatment of intergovernmental transfers is unnecessary and unwise. The Health Care Financing Administration (HCFA) is not eliminating the use of traditional intergovernmental transfers in Medicaid. Under the HCFA regulation, public funds transferred between different levels of local government will continue to be matched by the Federal Government. State donation and provider-specific tax programs, if unchecked, will undermine a basic premise of the Medicaid program -- that States have a stake in the costs of the program. The Administration cannot condone the alteration of the Medicaid program through financing mechanisms that go beyond the conventional matching rate structure. States are accountable for the appropriate management and financing of their programs and the Federal Government is responsible for holding them accountable to operating fairly and appropriately in the Medicaid partnership. ******* EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 November 25, 1991 (Senate) STATEMENT OF ADMINISTRATION POLICY (THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.) H.R. 3595 - Medicaid Moratorium Amendments of 1991 (Bentsen (D) TX) The Administration strongly supports the agreement that was reached with the National Governors Association. This agreement allows the Medicaid program in every State to continue their pre- September 30, 1991 policies until at least October 1, 1992, and in some cases through June 30, 1993. Further, the agreement equitably addresses the individual fiscal concerns of the States while assuring the long-term structural integrity of the Medicaid program. The compromise agreement should be passed this year before Congress adjourns. This is a major health and fiscal policy problem for Federal and State governments. The States and many legislatures need clear legislative or regulatory policy guidance before State legislatures meet next spring. The Administration opposes any temporary moratorium that would leave these issues unresolved until March 1992 or later. Should legislation be presented to the President that includes a "two- sided" moratorium that precludes Federal regulatory activity, and State program expansions, the President's senior advisers would recommend that he veto it if it is not consistent with the Budget Enforcement Act. ******* CATASTROPHIC CURRENT LAW: The new catastrophic benefit is financed by two premiums. The first is a flat amount paid by all Medicare beneficiaries. This year it is $4.00 per beneficiary per month; in 1990 it will be $4.90 per month. The second premium, called the supplemental premium, is a surcharge on income tax liability above $150. The surcharge is 15% of the tax liability above $150, up to maximum of $800 for an individual and $1600 for a couple. The amounts would rise to 28% and $1,050 for an individual by 1993. GEORGE BUSH ON THE RECORD: Last mention was April 21 letter to Rep. Rostenkowski: "I have supported the implementation of the Medicare Catastrophic Coverage Act on schedule, as enacted. I continue to do so. It would be imprudent to tinker with Medicare catastrophic insurance literally in its first few months of life. We should not now reopen the legislation." WAYS AND MEANS PROPOSAL: Make the program voluntary, but not taking catastrophic means you can't have part B (insurance for doctors' bills.) Cut the supplemental premium in half but leave the maximum premium the same. (Ups the point where the maximum is reached.) Make up the revenue loss in variety of ways: the flat premium would be increased for 1990 --- 1993 by $3.50 in 90 rising to $4.10 in 1992. Deductible for the drug benefit goes up from $600 to $800 in 1991; $650 to $950 in calendar 1992. TALKING POINTS: We respect the Ways and Means Committee's desire to adjust the distribution of the revenue raising to finance the benefit package, and our technical experts are working with the committee staff. - As secretary Sullivan said, "we will only support changes which improve the original - We're still going over what the committee has done, legislation." and haven't concluded Whether its an impovement. But note: Our first priority is to have a financially sound program. Even if the package is financially neutral with respect to the current law, our actuaries indicate the program does not have a stable financial future. Physician payment reform will help maintain access to care and help provide the security that Medicare will continue to be there for people like that San Diego teacher, his 86 year old mother, the 30 million more Americans who today count on the financial viability and security of Medicare, and the millions of Americans in the future who will need Medicare. CATASTROPHIC CARE Perhaps this would be a good time to address recent changes which are being considered in Congress concerning the scope of Medicare benefits available for our elderly citizens. Last year Congress passed the Medicare Catastrophic Care Coverage Act, which provided an expansion of acute catastrophic care benefits for older Americans, including a cap on personal expenditures and a drug benefit. There has been much discussion about the legislation in recent weeks. Tuesday's vote by the House Ways and Means Committee is one example of efforts to change the legislation. In that vote, the Committee approved changes in the financial mix of the surtax on the elderly and the premium paid by all enrolleees in catastrophic coverage. The changes would also allow beneficiaries to opt out of the catastrophic coverage program. 15 2117 00:11 ДЭМ 68-92-1 van 08-9 I would like to reassure each one of you that the Bush Administration remains committed to the objectives of the legislation preventing an acute illness from having a devastating financial effect on the family. We will only support changes SULLIVAN which improve the original legislation, allowing it to more fully SPEECH meet its objectives. TO AARP I am certain that the debate on the Act is far from THIS finished. I know that the membership of AARP is concerned about WEEK the course of this debate. Again, I would reiterate that the President and I will carefully look at each proposed change on a case-by-case basis to provide the best benefits package and financial arrangements possible. CONCLUSION In conclusion, your work today will help to shape and mold the future of many of America's older minorities. Please remember that my department supports and encourages your work. This is a vital program to assist efforts to reach our older citizens. As for the Department of Health and Human Services, we will do everything possible to help you make this Initiative a big success. 16 P.18 11:01 ДЭМ 68-92-1 Proposed July 26, 1989 Administration Position on Catastrophic Health Insurance(CHI) The Administration support the objectives of the Catastrophic Health Insurance - - so that the elderly are not impoverished when they become acutely ill. We recognize that Congress, the Congressional Budget Office and others too now recognize that the CHI was not adequately funded, particularly the drug benefits. detailes fr The Ways and Means Committee has taken action to realign the financing and the benefits to meet the concerns of solvency, and permit Pres. elective. beneficiaries to elect Part B coverage and CHI. Part B has always been The Administration recognizing the committees desire to retain rather than repeal CHI supported the modification. In light of the BiPartisan Budget Agreement, the Administration will work to eliminate the artificial change in the timing of Medicare payments to meet certain Congressional rules. We will look at other proposals as the legislative process considers the Ways and Means amendments. 096373SS Document No. WHITE HOUSE STAFFING MEMORANDUM 12/11/89 COB, WED., DEC. 13 DATE: ACTION/CONCURRENCE/COMMENT DUE BY: ENROLLED BILL H.R. 3607 -- MEDICARE CATASTROPHIC COVERAGE REPEAL ACT OF 1989 SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH BATES UNTERMEYER CARD BOSKIN CICCONI CLERK DEMAREST FITZWA GRAY HAGIN REMARKS: Please provide comments/recommendations on the attached enrolled bill memo directly to my office no later than COB, WEDNESDAY, DECEMBER 13. Thank you. RESPONSE: James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF management AND BUDGET STATE WASHINGTON, D.C. 20503 THE DIRECTOR December 11, 1989 MEMORANDUM FOR THE PRESIDENT SUBJECT: Enrolled Bill H.R. 3607 - Medicare Catastrophic 1983 DEC 11 PM 7: 44 Coverage Repeal Act of 1989 Sponsors - Rep. Donnelly (D) MA and four others Last Day for Action December 19, 1989 - Tuesday Purpose Repeals the Medicare provisions in the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360), effective January 1, 1990; retains the Medicaid improvements for pregnant women and infants, and elderly and disabled individuals; and makes various conforming and technical amendments. Agency Recommendations Office of Management and Budget Approval Department of Health and Human Services Approval Department of the Treasury Approval Council of Economic Advisers Approval Discussion H.R. 3607 is the congressional response to the strong and vocal objections by Medicare beneficiaries to having to pay the entire cost of the benefits enacted in the Medicare Catastrophic Coverage Act of 1988 (MCCA). The bill culminates a year-long debate on the MCCA and represents an unprecedented rollback of a major social welfare program so soon after its creation. Initially, the Administration had preferred that no changes be made to the MCCA. However, as bipartisan legislation to reform or repeal the MCCA gained momentum in Congress, the Administration did not take an official position in favor of any one of the competing substantive amendments. H.R. 3607 in its final form is the product of extensive congressional deliberation. It passed by voice vote in the Senate and by a vote of 352-63 in the House. Background The MCCA of 1988 was approved on July 1, 1988, and represented the largest expansion of Medicare since the program's inception in 1965. The new law was intended to protect elderly and disabled Medicare beneficiaries from "catastrophic" hospital and doctor bills for acute (i.e., not long-term) care. It provided full coverage of all hospital inpatient care costs, no matter how many hospital stays, after payment of one deductible a year ($592 in 1990, rising annually). All hospital copayment amounts were to be eliminated. The MCCA also limited the amount beneficiaries pay out-of-pocket each year for physician services. The maximum deductible and coinsurance charges were to be $1,370 in 1990, indexed in future years to ensure that a constant 7 percent of beneficiaries would receive benefits. Under the MCCA, the Medicare program was to be expanded to cover, for the first time, outpatient prescription drugs, mammogram screening, and respite (in-home) care. Medicare benefits were increased for home health care, extended care skilled nursing services, and hospice care. The new and expanded benefits in the MCCA were to be financed by a combination of a flat premium and an income-related surtax (supplemental premium) paid by Medicare beneficiaries. The surtax provoked the strongest protest from senior citizens, and is the main reason for the repeal of the MCCA contained in H.R. 3607. Description of the Enrolled Bill H.R. 3607 would repeal all of the Medicare benefits contained in the MCCA as well as the provisions financing those benefits. The enrolled bill does not, however, repeal certain Medicaid improvements enacted in the MCCA. These require State Medicaid programs to: -- pay Medicare premiums, copayments, and deductibles for all beneficiaries with incomes below 100 percent of poverty level, on a phased-in basis. -- cover the prenatal care expenses of pregnant women and infants (up to one year old) whose family incomes are at or below the poverty level. -2- -- allow the spouse of an individual who enters a nursing home for long-term care to keep a certain amount of income per month ($1,000 by 1993), and at least $12,000 but no more than $60,000 in liquid assets (excluding home ownership). H.R. 3607 includes transition provisions for individuals who started receiving inpatient hospital and extended care services under the MCCA before January 1, 1990. The bill also contains authority to make adjustments in Medicare payments to hospitals because of the repeal of the MCCA. Finally, H.R. 3607 requires insurers of Medigap plans (insurance designed to supplement Medicare's coverage) to offer to restore coverage to people who were covered at the end of 1988 but who cancelled their plans in 1989 because of the MCCA. The benefit repeals included in H.R. 3607 are effective January 1, 1990; the repeal of the surtax is retroactive to the beginning of calendar year 1989. Budget Impact The following table, which was prepared by the HHS Medicare program actuary, shows the projected five-year budget impact of H.R. 3607. (The figures represent changes from the FY 1990 Mid-Session budget estimates to reflect various re-estimates, mainly for the MCCA's skilled nursing care benefit) : (Fiscal Years - $ in billions) 1990 1991 1992 1993 1994 Outlay savings 4.2 11.3 15.3 16.9 18.5 Revenue losses 9.0 10.2 10.7 11.7 13.6 Increase (Decrease) in deficit* 4.8 (1.2) (4.5) (5.2) (4.9) * Due to rounding, does not always equal difference. Agency Views The Department of Health and Human Services (HHS) recommends approval of H.R. 3607. In its views letter on the bill, HHS states that the benefits contained in the MCCA provide needed financial protection to millions of elderly Americans. The Department further states that the benefits focus acute care coverage on extraordinary expenses while maintaining appropriate levels of beneficiary expenses for more routine costs. HHS believes that repeal of these benefits is a regrettable step. -3- HHS points out, however, that the repeal of these benefits has enjoyed overwhelming support in Congress, and among major segments of the elderly population. The Department also believes that disapproval of H.R. 3607 would almost certainly lead to the rapid repassage of a similar measure. The Department of the Treasury states that repeal of the catastrophic program and the unpopular supplemental premium would enable Congress in the future to consider alternatives. which might win broader public acceptance. Accordingly, Treasury recommends approval of H.R. 3607. The Council of Economic Advisers (CEA) recommends approval of the enrolled bill, but advises that it does not believe the issue of catastrophic insurance will disappear. The CEA suggests that it may be useful for the Administration to develop its own position regarding specific elements of catastrophic insurance for the elderly it would like to see enacted. Conclusion and Recommendation As indicated above, H.R. 3607 is the response by Congress to the very strong opposition expressed by Medicare beneficiaries to the financing arrangement for the catastrophic coverage enacted last year. We join HHS, Treasury, and the CEA in recommending approval of this bill. Num Damn Richard G. Darman Director Enclosures -4- THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 13, 1989 The President today signed the following legislation: H.R. 3607, which repeals the Medicare provisions in the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360), effective January 1, 1990; retains the Medicaid improvements for pregnant women and infants, and elderly and disabled individuals; and makes various conforming and technical amendments. # # # - 8 - Sept12 MR. FITZWATER: In the meeting this morning with Republican members of Congress, they discussed with the President administration position on a number of pieces of legislation. But certainly, one of the foremost of concern to them is the catastrophic bill. And the President assured them that we share their concern for mitigate this situation for the last couple of months. its impact on senior citizens, that we have been looking for a way to that this bill, as you know, would add some $6 billion to the We have not found an answer yet. Our primary concern is Treasury, and without that income we would automatically trigger the budget for agreement. So we have financial concerns, but we are looking sequester under Gramm-Rudman-Hollings and violate the congressional ways to deal with this problem. Q good way -- remember in the debates last year -- thing that he said was not a tax when it happened. He said it was a Marlin, as you know, the President supported this MR. FITZWATER: Right. Q premium. -- a good way to provide services. It was a MR. FITZWATER: Yes. Q What does it portend for this whole process if when we the pass a small premium for an added service, catastrophic -- which rebellion and that elderly people who are middle and upper income Reagan administration wanted to put on -- that suddenly there's a now we'll mitigate it for these people, we'll take it back? Is his don't want to pay for it? Is the President going to essentially say mind set to repeal this piece of legislation? the Congress has learned -- when this passed the Senate only 11 MR. FITZWATER: His mind set is that we have learned, as people voted against it -- that you need to be very careful and they are passed. And that the President did agree with this. considerate of the cost of these kinds of entitlement programs before suggest, the message is clear that when you pass this kind of President Reagan signed it; indeed, he had proposed it. And as you legislation you'd better know what it costs before you do it. And so, we're looking at -- Q So does the President want to repeal it? Does he -- MR. FITZWATER: Well, that's what we haven't decided But, obviously, many members of Congress are pushing for repeal. yet. But our problem is that repeal has rather devastating effects on the deficit side with regard to triggering a sequester. Q Is that the only real concern, Marlin? Q know, right? But he's obviously changed from support to "I don't the bill and we are concerned about the program -- about the taxes MR. FITZWATER: No. We have always said that we support and the impact on the deficit. But we recognize this impact on the of elderly, we recognize their concern, and we are working with members Congress now to try to develop some kind of solution. Q President want to repeal it, and you said he hasn't decided. He has But you just said -- someone asked you, does the changed from outright support, obviously. MR. FITZWATER: Yes, but repeal implies a solution that we don't have yet. A lot of congressmen just want a straight out repeal, but we're not sure that that's the best way to approach it. MORE #100-09/12 - 9 - 9/12 Q fight for keeping it the way it is, either? But President Bush is not going to stand up and MR. FITZWATER: Well, he says at the moment our position is that we support it and we don't see any change. But we are looking for alternatives. Q Does the President think this is a necessary program, Marlin; the problem is just he doesn't know how to pay for it? or is he not so sure it's a good idea now? MR. FITZWATER: Well, the administration thought it was a good program in the past, as did most of the Congress. People still think it's got good objectives, but they have felt the heat. And the people at home in the August recess obviously made their views clear about paying for this benefit. So they're taking another very look at the financing and see what can be done. Q But, Marlin, you're talking about -- you say the cost before you pass it. It seems in fact -- are you saying that in present Congress has learned that you'd better know what these things fact there are cost overruns here that the President, when he was Vice President, didn't foresee, or are you really saying that the President is feeling the heat, too, from the elderly lobby? MR. FITZWATER: Everybody is, sure. I hope there is not any misapprehension about the political aspects of this program. I proportions. mean, the elderly complaints are rolling in in tidal waves of immense -- Q Well, is that what the President has really learned certainly not members of Congress and not the administration. And MR. FITZWATER: And that has not been lost on anyone -- our point being that we need to be very -- our point is -- what the lesson for the future is, when you've got these entitlement programs that provide a service that everyone agrees is needed, you'd better be sure you understand the financing. And in this case we didn't. Not the administration, not the Congress. Q get from the elderly? And did you also underestimate the reaction you'd MR. FITZWATER: Absolutely. Q I want to see if I can pin you down on whether the President's primary concern on repeal -- in fact, only major concern on repeal -- is triggering the sequester? Were it not for that, would the President repeal this program? Would he support repeal? we'd like to provide the benefits. We thought it was a good program, MR. FITZWATER: Well, I can't say that because obviously and so forth. But we have to look at all the aspects of it. Q Are you searching now for a way to repeal the program and avoid the sequester? Is that the focus of your search? financial problems. MR. FITZWATER: We're searching for a way to mitigate the Q of repealing the program? MR. FITZWATER: And saving the program. And that's where we've been for the last couple of months. Q Well, I'm sorry. I really don't understand whether you're aiming to save the program or whether you're aiming to repeal and save the budget. MR. FITZWATER: Well, we're saving the program. We have testified that we support the program and we don't see any need for MORE #100-09/12 - 10 - 9/12 possible changes. We continue to do that. change, but we have also been searching for a couple of months for Q On another subject -- back on -- Q No. Marlin. Q Wait a minute. Q No, let's kick this around a little longer. Q switchboard been flooded and the mail way up? this rolling in of complaints? I mean, how many -- has the Marlin, Marlin, do you have a quantitative count of Q What is the income distribution of this tidal wave? MR. FITZWATER: Probably 535 to zero. Q Congress and not from elderly citizens? They have not been calling? No, the complaints you've heard are directly from probably have been elderly concerns directly to the -- MR. FITZWATER: Oh, there may have been elderly there meetings it has been relatively unanimous. through HHS and other places, but certainly in the Congressional government Q Marlin, are you saying that this tidal that objections is from all elderly across the board or primarily wave those of are paying taxes and would have to pay the surtax? morning several members of Congress emphasized that in terms of MR. FITZWATER: I don't know specifically, although this categories of the elderly. constituents and the people they talked to in August, it was from their all Q the primarily all the elderly recipients. And this would not increase just cut that in half and raise the premiums which affect all people, -- to One of the suggestions is to have the surtax would since change the mix. Is the administration willing to consider that deficit in any way. Primarily it would be budget-neutral but there's no difference in -- know Paula, but obviously we're looking at whatever can be done. And MR. FITZWATER: Well, I can't comment on various options, until that's one of them, but we don't want to commit at this point I we've reached some kind of an agreement. Q that they -- the administration would prefer that we just keep the Well, last week your OMB Deputy Director testified program as is and, as you said, the concern for sequester and only on condition that that $6 billion in revenue loss be offset? triggering the deficit. If you were to consider repeal, would it be position is to keep the program, but it's also true that we have MR. FITZWATER: Well, as you correctly point out, our discuss what we might do or what we might not do. agreed to look at various alternatives, but I'm just not free to Q mean, if you were to go with repeal, you'd lose $6 billion, so would I But would any of them have to be budget-neutral? you have to offset that? MR. FITZWATER: But I don't want to signal that in negotiating process. advance, Paula. We'll have to -- something we'd work out in the Q about no program reductions at all? No reductions in services? But when you say "keep the program," are you talking kind of detail because when you get into discussions of how the MR. FITZWATER: Well, there again I can't specify that MORE #100-09/12 - 11 - 9/12 to other the public one, SO at the moment our policy is to continue up to than negotiation. And we just don't want to make any commitments are program might be altered or financing changes, those things all support the program. Q because you need it for budgetary reasons? Well, do you want to keep it for its own sake or sake, first of all, and secondly, to make changes, there are MR. FITZWATER: Both. We want to keep it for its own significant budgetary problems. Q side of the equation. It sounds like you're just hung up on the budget very difficult issue. MR. FITZWATER: No, we're hung up on all sides. It's a Q proposal? White House surprised by the Democratic response to the President's was the Back to another difficult issue, drugs, surprised Was it more critical than you expected, and were you that some Democrats talked about raising taxes? the Democrats thought raising taxes was a viable response, yes. MR. FITZWATER: I'd say we were a little surprised that because you think Q Were that's you -- pleased that that was their response fighting drugs and they're for raising taxes. MR. FITZWATER: Well, it did make it clear that we're for Q Is this what you call stopping the partisan -- Q Is there any possibility that -- MR. FITZWATER: (Laughter. Hey, she asked the question. Nick, go ahead. Q available to the press while he's here on the White House grounds? be Is there any possibility that Yeltsin would MR. FITZWATER: I don't know. You'd have to ask him. Q Can we find out -- Q I mean, which way is he coming out? driveway, or where is his limo? Q Will you allow him to go out and talk in the MR. FITZWATER: He's free to do whatever he wants. Q Marlin, before you leave, what's the purpose -- minutes? MR. FITZWATER: What time is the speech? We've got 15 Q What's the purpose of the Hassan visit? issues, primarily, however, economic assistance. MR. FITZWATER: He's here to talk about a wide range of Q To who? To who? Economic assistance -- MR. FITZWATER: To Jordan. prices are down? Is that why? Q To Jordan? For what purpose? Just because the oil MR. FITZWATER: Yes, they're having significant economic MORE #100-09/12 9/14 that be done without busting the budget? And is it your view now that the White House is going to have to take a far more active role in this if this program is to be saved? MR. FITZWATER: On catastrophic? Well, we are working with the Senator and others on the Hill on a solution. We don't want to commit to any one course of action at this point. Q How do you feel about making it voluntary? He's commiting to a solution. MR. FITZWATER: Well, he is, but we've got a lot of people to discuss it with and we don't want to take a public position until we can reach a greater consensus. Q Can it be made voluntary and not bust the budget? MR. FITZWATER: I don't know. Q I mean there are a lot of senators and congressmen, as you well know, up on the Hill who insist that short of a very active White House position -- presidential position on this, that he'll be steamrolled and the thing will be repealed outright. That came up the other day when Gingrich and company were in here. MR. FITZWATER: Well, we are -- Q Yet there still seems to be no well -- clearly defined White House position on this thing, and I'm curious as to why. MR. FITZWATER: The reason for that is that we are discussing it with any number of members and there are a number of different ways to approach it. And we are not wedded to any single one, but to working out the best solution. And as we have said here before, there are a lot of people who feel strongly on both sides, and there are different alternative financing mechanisms. So it doesn't pay us to take a position on voluntary implementation or whatever until we work out a consensus. Q Marlin, when you talk about the best solution, are you talking about the best solution for all the elderly or for keeping any alternative within the budget? MR. FITZWATER: The best solution for the elderly, in terms of preserving the benefits, making the premiums realistic, and preserving the fiscal aspects of it in terms of the budget. Q Are you willing to preserve the progressivity of the payments? MR. FITZWATER: We'd like to preserve the benefits, but the payments and progressivity, all those are aspects that are under discussion. Q You're not trying to keep that principle in there? MR. FITZWATER: Well, we're not going to say. We're MORE #102-09/14 specifics. saying we're willing to discuss it, but we're not committing to any Q current -- Do you want to preserve all the benefits under MR. FITZWATER: That's our initial position, sure -- that we think it's a good program, we proposed this program, and we'd like to keep it. 10/3 Q Is the President making any calls on the catastrophic before the catastrophic vote today? MR. FITZWATER: I don't believe so, no. Q Do you have a preference among the three alternatives they will be considering? MR. FITZWATER: Our position is the same as it's always been, that we prefer to maintain the benefits while finding some way to mitigate the cost of the premiums. Q Well, they have three actual alternatives they're going to choose from. Can we presume from that that you like the Ways and Means approach the best? MR. FITZWATER: We wouldn't want to specify publicly which we favor until we see the final product. - 6 - Oct 3 or But you are against the repeal amendment, aren't >u? MR. FITZWATER: Yes. We've opposed repeal. 10/2 Q Do you have a position on the various options taken about catastrophic health in the House tomorrow? MR. FITZWATER: That's another case where there are still a number of options in the works. Our position is clear, but we'll work with various peoples. or Why are there options in the works? I mean, we know what amendments will be offered on the floor. You don't have a position on the bill or one of those amendments? MR. FITZWATER: Well, our position, basically, is that we want to retain the benefits and mitigate the premium cost. But there are some ways that some of the bills want to reduce all the benefits, some want to eliminate the premium entirely, some want to eliminate the surtax. I mean, there's any number of different approaches. Q But there's three approaches the House is going to vote on. Do you have a position on those? MORE #106-10/02 MR. FITZWATER: No. We'll wait and work with them still. We haven't reached a final point yet. Q Don't want to get out in front on this one, huh? MR. FITZWATER: Nope. We're right where we want to be. (Laughter.) Q Obscure. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF management AND BUDGET STATE STATE WASHINGTON, D.C. 20503 THE DIRECTOR October 5, 1989 TEXT OF A LETTER ADDRESSED INDIVIDUALLY TO SENATORS DANFORTH, DURENBERGER, McCAIN, AND ROTH We understand that you intend to offer an amendment to legislation pending in the Senate that would modify the Catastrophic Health Insurance (CHI) program. You have provided us a copy of your amendment (description attached) and asked whether or not adoption of your amendment would yield a revised G-R-H deficit estimate that would require sequester. As we approach the crucial October 15 deadline, there are several new elements in the calculus that I would call to your attention. The DOD paydate shift, which had been a subject of dispute, has now been overtaken by events. It has already taken place. In addition, the House includes Medicare scoring language, which we did not support but which is now moving forward in the reconciliation bill. If enacted, this language would direct us to score certain shifts in Medicare payments between fiscal years that we would otherwise be prohibited from scoring. And if the emerging reconciliation bill, including the language dealing with the scoring of Medicare payment shifts, is enacted, our current estimate of the G-R-H baseline deficit would be reduced by approximately $12 billion. This would then yield a revised G-R-H deficit estimate that could accommodate your amendment without triggering sequester. Let me be clear: This CHI amendment would unquestionably have a serious adverse effect on the actual fiscal year 1990 deficit. But in view of the scoring issues I've noted, it is now the case that your CHI amendment would not trigger a sequester if reconciliation, including the Medicare payment shift language, continues on its present course, and is passed by the Congress and signed by the President before October 16th. I write this letter in response to your inquiry on this matter. Nothing in this letter should be construed as an expression of support for or opposition to one CHI substantive amendment as opposed to another. Indeed, the Admnistration is not taking an official position in favor of any one of the competing CHI substantive amendments as opposed to the others. The purpose of this letter is to report on the relationship of scoring issues to a possible sequester -- as currently estimated -- and to clarify that we are not officially choosing among the competing CHI substantive amendments. With best regards, Richard G. Darman FROM 10. 5.1989 4:40 P. 2 THE SECRETARY OF HEALTH AND HUMAN SERVICES 1 WASHINGTON, D.C. 20201 The Honorable Lloyd Bentsen, Chairman Committee on Finance OCT 5 1989 United States Senate Washington, D.C. 20510 Dear Mr. Chairman: The purpose of this letter is to clarify this Administration's position on Medicare catastrophic legislation pending before the Senate. As I have emphasized on other occasions, our preference has been that no changes be made to the program, and that it be implemented as crafted. However, the Congress, under pressure from what we believe is a relatively small and in many cases misinformed group, is moving toward repealing or drastically changing this new benefit. I believe the House action yesterday will be regretted. I wish a proposal could have been offered in the House that would have, at a minimum, preserved the core benefits of the program as originally outlined in President Reagan and former Secretary Bowen's plan. It is my understanding the Senate may still have such an opportunity. It is critical that we preserve a catastrophic program that offers financial protection to the millions of Americans who do not have this protection. I am aware that Senator Durenberger has a compromise that incorporates our mutual priorities. This plan has also addressed the concerns of many others by significantly lowering the supplemental premium. Our nation's health policy cannot afford the set-back repeal would cause. It is an undisputed fact that our Medicare system needs a catastrophic program if it is to remain sound. Catastrophic continues to be confused with the issue of long term health care. Our nation must address both of these urgent health care priorities but we cannot and should not attempt to address them as if they were one. If the Senate chooses to ignore this proposal which preserves the core and essential components of a catastrophic benefit program, our dilemma in providing appropriate health care for our nation's elderly will reach a magnitude that is almost unmanageable. I appreciate all that you have done to move this issue forward. Thank you for your continued assistance towards a sound health policy for our nation. Sincerely, Louis W. Sullivan, M.D. FROM 10. 5.1989 4:41 P. 4 IMPORTANTLY, ESSENTIAL SERVICES PERFORMED CURRENTLY BY THE SOCIAL SECURITY ADMINISTRATION WILL MOST LIKELY BE DISRUPTED IN THE NEAR TERM AND IMPORTANT IMPROVEMENTS IN SERVICES THAT HAVE BEEN MADE RECENTLY WILL BE REVERSED. AS WELL, OVER THE LONG TERM, INDEPENDENT AGENCY STATUS WILL ACTUALLY INCREASE THE COST OF PROVIDING SOCIAL SECURITY SERVICES AT A TIME WHEN COST SAVINGS ARE AN INCREASINGLY IMPORTANT PRIORITY. EXAMPLES OF RECENT IMPROVEMENTS IN SERVICE DELIVERY, WITH SUPPORT FROM HHS STAFF, INCLUDE A SHORTENING OF THE TIME IT TAKES TO RECEIVE SOCIAL SECURITY CARDS, THE TIME IT TAKES FOR SENIOR CITIZENS TO RECEIVE SOCIAL SECURITY CHECKS, AND THE TIME REQUIRED TO COMPLETE THE EARNINGS TEST ELIGIBILITY. THESE ARE CRUCIAL IMPROVEMENTS IN SERVICES THAT RESULT, IN MANY INSTANCES, IN THE ELDERLY BEING SAVED FROM DIRE PERSONAL CIRCUMSTANCES. THE PROCESS OF EXTRACTING SSA FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IS SURE TO REVERSE THESE GAINS IN THE NEAR TERM, IF NOT, OVER THE LONG TERM AS WELL. FURTHERMORE, MAKING SSA AN INDEPENDENT AGENCY WILL ELIMINATE THE CONSIDERABLE BENEFIT TO THE ELDERLY OF BEING ABLE TO OBTAIN INFORMATION AND DIRECTION ON SOCIAL SECURITY AND MEDICAL PROGRAMS IN ONE LOCATION, THE SO-CALLED "ONE-STOP SHOPPING" BENEFIT. IT WILL CERTAINLY LENGTHEN THE AMOUNT OF TIME IT TAKES TO PROCESS BOTH SOCIAL SECURITY AND MEDICARE- MEDICAID PAYMENTS. IT WILL DELAY DISABILITY DETERMINATION. FOR THESE REASONS, IT SEEMS WITHOUT QUESTION THAT DISMANTLING THE SOCIAL SECURITY ADMINISTRATION'S RELATIONSHIP WITH HHS IS PROFOUNDLY BAD HEALTH AND SOCIAL SERVICES POLICY. IT IS ASTOUNDING TO ME THAT SUCH SIGNIFICANT REVERSAL OF HEALTH AND SOCIAL POLICIES IS OCCURRING AT THE ELEVENTH HOUR, AND WHOLLY IN THE DARK. THERE HAS BEEN NO SIGNIFICANT DEBATE ON THIS IMPORTANT MATTER EITHER IN THE MEDIA OR IN THE CONGRESS. IN THE SENATE, FOR EXAMPLE, THE COMMITTEE HAVING THE MOST SIGNIFICANT JURISDICTION HAS NOT HELD ANY HEARINGS OR EVEN WEIGHED IN ON THIS MATTER. THIS ISSUE DESERVES MORE SERIOUS TREATMENT. THIS ADMINISTRATION, IN THE STRONGEST POSSIBLE TERMS, OPPOSES ANY EFFORT TO DISLODGE THE IMPORTANT RELATIONSHIP BETWEEN SSA AND HHS. AT THE VERY LEAST, THE CONGRESS HAS THE RESPONSIBILITY TO CONSIDER DISMANTLING THIS RELATIONSHIP THOROUGHLY AND DELIBERATELY. THE PRECIPITOUS AND POORLY CONSIDERED ACTION CURRENTLY BEING CONSIDERED IS SURE TO BE DISASTROUS TO AMERICA'S GROWING ELDERLY POPULATION. FROM 10. 5.1989 4:40 P. 3 ADDITIONAL REMARKS IN PRESS CLUB SPEECH October 5, 1989 0 AS IMPORTANT AS THE AIDS PROBLEM IS, I AM SURE MOST OF YOU HERE ARE ALSO QUITE INTERESTED IN THE DEBATE IN THE SENATE ON CATASTROPHIC HEALTH INSURANCE. IN ANTICIPATION OF QUESTIONS YOU MAY HAVE ON THAT ISSUE, I HAVE A FEW THINGS I WOULD LIKE TO SAY 0 TO TAKE BACK FROM TENS OF MILLIONS OF ELDERLY AMERICANS THE COMFORT OF KNOWING THAT SERIOUS ILLNESS WILL NOT CAUSE THEM FINANCIAL RUIN WOULD NOT ONLY BE UNWISE HEALTH POLICY, BUT. WOULD SIMPLY BE AN UNFORGIVABLE ACT OF POLITICAL EXPEDIENCE O THE NEED OF THE ELDERLY FOR SECURITY AGAINST FINANCIAL DEVASTATION FROM ILLNESS IS DENIED BY NO ONE. YET, THE RUSH FOR REPEAL OF THE CATASTROPHIC BILL IS SHOCKING. THERE ARE CLEARLY PROBLEMS WITH THE LAW THAT NEED TO BE ADDRESSED, BUT THE SAFETY NET OF BASIC PROTECTION AGAINST FINANCIAL RUIN CANNOT BE IGNORED O FOR THESE REASONS, I AM NOW REDOUBLING MY EFFORTS AND WILL BE WORKING VIGOROUSLY WITH SENATORS DURENBURGER, DOLE, BENTSEN, AND OTHERS TO URGE THE SENATE TO PASS A MEASURE THAT CONTAINS THE CARE PROVISIONS OF THE CURRENT LAW WHILE REDUCING THE COST TO THOSE WHO HAVE TO PAY FOR IT. I HAVE NO DOUBT THAT ADEQUATE COVERAGE CAN BE PROVIDED WITHOUT STRAIN TO THE BUDGETS OF THE ELDERLY OR TO THE NATIONAL BUDGET. O AS CONCERNED AS I AM ABOUT THE CATASTROPHIC BILL, I AM TERRIBLY TROUBLED ABOUT PENDING ACTION IN THE CONGRESS THAT CAN CAUSE EVEN GREATER HARM TO MILLIONS OF AMERICANS. IN THE HOUSE RECONCILIATION BILL AND, MOST LIKELY, IN THE SENATE RECONCILIATION BILL IS A PROVISION TO MAKE THE SOCIAL SECURITY ADMINISTRATION A SEPARATE AGENCY. IF THESE PROVISIONS BECOME LAW, IT WILL BE DEVASTATING TO ELDERLY AMERICANS. FOR THE SOCIAL SECURITY ADMINISTRATION TO BE DOWNGRADED TO JUST ANOTHER INDEPENDENT AGENCY MEANS THAT THE SERIOUS AND LEGITIMATE CONCERNS REGARDING THE CARE AND SUPPORT OF OUR SENIOR CITIZENS WILL LOSE CABINET LEVEL ADVOCACY. MORE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF management AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR October 4, 1989 Honorable Leon Panetta Chairman, House Budget Committee U.S. House of Representatives Washington, D.C. 20515 Dear Mr. Chairman: We understand that the House has just voted to support an amendment to the Omnibus Budget Reconciliation Act that would exempt the Catastrophic Health Insurance (CHI) program from scoring under the Gramm-Rudman-Hollings (G-R-H) legislation. The Administration strongly opposes this exemption from G-R-H scoring. We have opposed exemptions to G-R-H consistently in the past. The most recent case was the exemption proposed, but not enacted, as part of the financial institutions reform and recovery legislation. We believe that the fiscal discipline imposed by the G-R-H legislation -- admittedly imperfect, but nonetheless important -- would be substantially weakened if exemptions to it were allowed. Further, in this particular case there does not now appear to be a need to grant a G-R-H exemption for the purpose of avoiding sequester. As we approach the crucial October 15 deadline, there are several new elements in the calculus that I would call to your attention. The DOD paydate shift, which had been a subject of dispute, has now been overtaken by events. It has already taken place. In addition, the House includes Medicare scoring language, which we did not support but which is now moving forward in the reconciliation bill. If enacted, this language would direct us to score certain shifts in Medicare payments between fiscal years that we would otherwise be prohibited from scoring. And if the emerging House reconciliation bill, including the language dealing with the scoring of Medicare payment shifts, is enacted, our current estimate of the G-R-H baseline deficit would be reduced by approximately $12 billion. This would then yield a revised G-R-H deficit estimate that could accommodate the CHI roll-back without triggering sequester. IDENTICAL LETTER SENT TO HONORABLE BILL FRENZEL Let me be clear: The CHI amendment would unquestionably have a serious adverse effect on the actual fiscal year 1990 deficit. But in view of the scoring issues I've noted, it is now the case that without the undesirable G-R-H exemption the CHI amendment would not trigger a sequester if the House version of the reconciliation bill, including the Medicare payment shift language, were passed by the Congress and signed by the President before October 16th. I write this letter in response to your inquiry on this matter. Nothing in this letter should be construed as an expression of support for or opposition to one CHI substantive amendment as opposed to another. The sole purpose of this letter is to report on the relationship of scoring issues to a possible sequester -- as currently estimated. With best regards, Dich Danne Richard G. Darman W endld-Writethru 10-04 ^PM-Catastrophic Insurance. 2nd Ld-Writethru. 0622 < ^House Votes to Repeal Catastroohic Health Insurance Program< Eds: Combines pvs < By JERRY ESTILL= Associated Press writer= WASHINGTON (AP) - The House, responding to a firestorm of protest from elderly Americans against having to pay for expanded Medicare benefits. voted 360-66 today to repeal the catastrophic health insurance program. It then turned to consideration of a proposal to salvage a small piece of the year-old Medicare expansion. However, Red. Fortney Stark, D-Calif., chairman of the House Ways and Means Committee's nealth subcommittee, said the outright repeal was likely to stand. Stark was one of the main authors of the catastrophic program, signed into law last summer with great fanfare by then-President Reagan and nailed as the most significant expansion of Medicare in its two-decade existence. Today's vote to repeal it was a startling reversal of last year's 328-72 vote to pass the original measure. Despite the repeal vote, nowever, the final judgment on catastrophic health insurance is far from over. The action now shifts to the Senate, where repeal sentiment is also strong but where Finance Committee Chairman LLoyd Bentsen, D-Texas, 18 looking for ways to save the framework of the program. Complicating the final cecision was the Fact that both the House and Senate wave the catastrophic health issue in with a massive deficit-reduction bill containing a number of other controversial topics - including a capital gains tax reduction, child care and taxes on ozone-depleting cnemicals. In the end. the massive compromise measure will return as one big package to both chambers for at single up or down vote. The feature in last year's legislation that prompted the cries for repeal stemmed from a Dipartisan agreement that the cost of the expanded benefits must be born fully by the 33 million elderly and disabled people covered by Medicare. Congress structured the increased fees SO those in higher income brackets would Day a larger share in proportion to their tax liability - up to a maximum of $800 this year. But that financing feature generated a firestorm of protest and overshadowed the Dig expansion in benefits for hospitalization, doctor bills and other costs. The cry for repeal came mainly from three quarters: -Retirees who complained their former employers were already giving them additional benefits they were being forced to purchase from Medicare. -Upper-income retirees who objected to having to pay a disproportionate share of the costs to make up for the modest $4-a-month assessment on the estimated 56 percent of Medicare beneficiaries who don't have enough money to owe any income taxes. -Those who complained that the program did not address the main need of elderly Americans: insurance for nursing homes and other long-term care. With repeal or a massive rollback a virtual certainty, congressional health bolicy leaders said they anticipate even greater difficulty in the future in winning support for expan d health programs for the elcerly. Future programs are going to have to be more carefully considered, " House Speaker Thomas S. Foley told reporters Tues -У. Formally called the Medicare Catastrophic Coverage Act, the program WAS designed to protect the elderly and disabled from financial ruin in the event of a prolonged hospital stay or other high medical costs. It would pay for unlimited hospitalization after a once-a-year deductible of $560 in 1989. Previously. Medicare charged at deductible for each nosoital stay during a year and provided full payment of hospital bills only UD to 59 days a year. The olan also would cap, starting Jan. 1, the amount that beneficiaries must pay for onysician services and. beginning Jan. 1, 1991. would phase in a new prescription drug benefit. AP-TV-10-04-89 1423EDT (+ ^Catastropnic Care ^By RITA BEAMISH= ^Associateo Press Writer= SAVE - otherts WASHINGTON (AP) - The Bush administration, facing tidal waves'' of file complaints from the elderly, says it is willing to consider replacing an unpopular surtax to finance catastrophic health insurance. As the Senate Finance Committee searched Tuesday for last-ditch ways to prevent repeal of the program, administration officials said a repeal is unacceotable because of the revenue loss it would cause. The administration is listening and learning'' to what Congress proposes in the way of alternatives to finance the insurance program, said William Diefenderfer III, deputy director of the Office of Management and Budget. The surtax, paid by the wealthiest 40 percent of all retirees, is the chief financing mechanism for the catastrophic insurance program enacted a year ago as an expansion of Medicare. Bush supported the plan during his presidential campaign last year. The administration thought it was a good program when it passed'' during the Reagan administration. said White House Press Secretary Marlin Fitzwater. But now. ne saio, the 'political aspects'' of the program have become clear. "The elderly complaints are rolling in tidal waves of immense proportion. Fitzwater salo. We recognize the impact on the elderly ... We recognize their concern. We're working with Congress searching for a way to mitigate the financial problems and save the orogram.' Most of the complaints come from middle and upper income retirees who contend they are bearing most of the cost of the program, and those who are covered by orivate insurance plans. But Diefenderfer said repeal of the entire program --- and the loss of its $4 billion to $7 billion in surtax revenue - probably would force automatic spending cuts in other federal programs, including those that benefit the elderly and needy Americans. Sen. Lloyd Bentsen. D-Texas, chairman of the Senate Finance Committee said after a alosedadcon session of the panel Tuesday that, There is no question in my mind that we are going to face an amendment on the (Senate) floor to repeal catastrophic.' He said the committee 15 working to strip away all but basic elements of the program to reduce costs to the minimum. This could lead to elimination of payments for prescription drugs and for skilled nursing care. The House Ways and Means Committee already has voted to reduce benefits and the two taxes that finance the program. Strong sentiment from House members for repeal was conveyed to Bush on Tuesday in di meeting with GOP congressional leaders. House Republican Whip Newt Gingrich of Georgia said after the meeting that he had noted ' a cramatic shift'' in the administration's willingness to amend the program. The Senate Finance Committee agreed informally last week that the surtax would be cut significantly, that the flat monthly premium would not be changed and that beneficiaries would have to pay a bigger share of expenses for drugs and coctors' bills before reimbursement under the catastroohic care orogram begins. Everyone eligible for Medicare is required to pay into the catastroonic care program. About two-thirds of the costs are paid by retirees who make enough to pay more than $150 a year in federal income taxes. Their surtax - of UD to $800 - is 15 percent of their income taxes. The remaining costs come from a flat $4 monthly premium paid by all but the poorest of the 33 million peoole eligible for Medicare. When catastroonic illness protection was enacted last year, it was predicted to cost about $31 billion over five years. The latest forecasts DUT that figure at $45 billion or more. AP-TV-09-13-89 1011EDT :- Alixe: 1. You might want to contact the person who was the contact at the campaign 2. Materials: - Pamphlet on the benefit structure. - A discussion piece on why the Congress thought the supplemental premium (read tax) was a good idea. - A piece from the WSJ from the former chief actuary of the Social Security Administration giving the simplest explanation of the financing scheme for catastrophic. - The material from the Jt Tax committee on catastrophic reform. See the highlighted ite-s for info on premium amounts and how many people are paying the supplemental premium/surtax. If you have questions, I'm at 6563 or 6515. Hanns Kuttner balanced solution dysciplined/ not a give away pros. Reconeilliction make it fit the bottom like - KEEP benefit structure in bet but w/in budget redities - repeal means finding $6B. fay cst. w/ih Econcilliation George Bush for President FOR IMMEDIATE RELEASE CONTACT: Alixe Glen THURSDAY, JUNE 9, 1988 (202) 842-1988 STATEMENT BY THE VICE PRESIDENT I am glad that the House and Senate have passed the Catastrophic Health Bill. I salute Health and Human Services Secretary Otis Bowen who has long championed catastrophic care. The legislation which passed yesterday will, for the first time since the founding of Medicare, extend benefits for our seniors. Now they do not have to live in fear that their life's savings would be wiped out by a prolonged hospitalization. I was particularly pleased that the final bill contains a provision to eliminate the threat of spousal impoverishment from long term health costs. I have advocated this as a major part of the solution to the problem of long term care. No spouse should become broke paying the cost of his or her partner's nursing home costs. I am pleased to see that this will no longer be the case. # # # # 733 15TH STREET, N.W., SUITE 800, WASHINGTON, D.C. 20005 TELEPHONE (202) 842-1988 Rational for the premium 2 Income Related Supplemental Premium; In addition to providing for beneficiary financing of the catastrophic benefit, the catastrophic legislation includes an income related concept where beneficiaries at higher income levels will pay a higher share of the premium costs through the introduction of an annual supplemental premium in addition to the basic monthly premium assessed all Medicare beneficiaries. As the benefit package was developed and cost estimates for the new benefits increased, the need for income related premiums became apparent. Factors influencing the decision to include this additional method of financing included; Initial Administration catastrophic proposal was intended to provide basic Part A and B catastrophic protection and keep anticipated program cost at low level. With relatively modest changes in program structure financing through a modest monthly premium paid by all enrollees was considered feasible. In considering catastrophic proposals, the Congress was persuaded that a more extensive benefit package was desired by beneficiaries and would be appropriate. Beneficiary groups also emphasized need for an increased benefit package. Additional benefits were included under Part A and B of the program and a new outpatient prescription drug benefit was added to both the House of Representatives and Senate drafts. These additional benefits were retained in the final legislation approved and signed by the President. The expanded benefits in the legislation resulted in substantial increases in the revenues needed to finance the bill. Financing through only a basic monthly premium paid by all beneficiaries was not feasible. The monthly rate required would have become excessive for many beneficiaries, especially those in lower income categories not eligible for Medicaid entitlement and premium buy-in. Congress identified the income related supplemental premium as an appropriate way to finance the catastrophic benefit. This form of financing was included in the early House and Senate versions of the legislation even prior to the addition of a drug benefit. The income related supplemental premium addressed the need for additional revenues while keeping the cost affordable to lower income beneficiaries, especially those above income levels required for Medicaid eligibility. Through the assessment of a supplemental premium, beneficiaries who are in higher income levels will pay a higher amount of the benefit cost, thus assisting those lower income beneficiaries with paying for the cost of their improved protection. THE WALL STREET JOURNAL TUESDAY. JANUARY J. 1959 Medicare Entitlements: A Question of Fairness A Catastrophic Act? It Depends Let's examine the situation for high-in- By ROBERT J. MYERS come participants in 1993, when the new Many elderly are dissatisfied with the plan is first fully effective. The annual Medicare Catastrophic Coverage Act of maximum Supplemental Premium will be 1988, which phases into effect by 1993. But $1,050. In addition, the monthly Flat Pre- the question of whether the new law is in- mium rate for catastrophic benefits will in- equitable is like the fable of the blind men crease to $10.20 for all participants (includ- describing the elephant-it depends on ing a portion that pays part of the cost for what you examine. the new Catastrophic Drug Insurance ben- The plan's aged and disabled partici- efits). pants are, in the aggregate, intended to Accordingly, the Medicare Catastrophic pay the entire cost of the new benefit pro- Coverage Act will increase premiums a tection-a rare feature. Accordingly, what maximum of $1,172.40 from their pre-act causes discord is the nature of averages- rates. Thus. this additional expenditure for some (higher-income people) pay more high-income people slashes (but does not than their added protection is worth, while eliminate) the tax-free subsidy of $1,515 others (lower-income people) pay less. mentioned previously. It can be argued, Furthermore, a special problem of eq- when viewed from this angle. that high-in- uity arises for those who have had supple- come people are not, overall. being inequi- mentary protection from post-retirement tably treated. Rather. most of the tax-free health plans established by employers-es- windfall they have received under Medi- pecially when such plans are comprehen- care has been "taken back." Other recipi- sive and the employers pay all (or most) eats continue to receive a bigger chunk of of the cost. Under such circumstances, in- the windfall, however. so in that sense the dividuals may end up paying much more high-income people are being inequitably for the same protection they had before. A treated. special temporary provision requires the This situation is somewhat similar to employer to make up the cost difference in that of the "notch babies"-those born in some cases, but this is not effective over 1917-21 who worked well bevond age 62. the long run. Such people receive equitable Social Secu- Up to this point, the situation seems rity benefits as compared with those born very inequitable to many Medicare partici- in later years but often far less than those pants. However, let us look at the "ele- born before 1917. And SO it depends on phant" from another angle. More than 95% which way one looks as to whether fair of participants elect coverage treatment is being given. under Supplementary Medical Insurance- Thus, on the average, high-income peo- the optional Part B program that mainly ple participating in all parts of Medicare covers physicians' fees. Last year. they re- will not have any "net" loss from their in- ceived a tax-free subsidy of $893 from the creased out-of-pocket costs. Such costs General Treasury (i.e., from taxpayers of merely partially offset bonanzas from the all ages amounting to about three times General Treasury that are provided under the Supplementary Medical Insurance pre- the provisions of previous law. Such people mium they paid themselves. It is esti- cannot avoid most of the new, increased mated that in 1993 this tax-free payment premium costs: if they drop out of Supple- will amount to $1,515 per participant. mentary Medical Insurance and Cata- The new plan requires a so-called Sup- strophic Drug Insurance ito avoid paying plemental Premium to be paid by all peo- the monthly Flat Premium), they must ple eligible for the Hospital Insurance por- still pay the annual Supplemental Pre- tion of Medicare for more than six months mium (and not receive any of the SMI and in a calendar year if they have income-tax CDI benefits that are partially financed by liability of at least $150. The Supplemental a portion of it). Premium is a surcharge on the income-tax P M E E X P A Although high-income people without liability, which starts at 15% this year and employer-paid supplementary health insur- reaches 28% in 1993. A per-capita limit on ance "lose" most of the government sub- the Supplemental Premium is also estab- sidy they had received for many years. lished-beginning at $800 this year and they do have increased benefit protection reaching $1,050 in 1993. These limits apply (of a catastrophic nature Still. these peo- to single people with incomes of $30,000 or ple will not be convinced that they are not more and to married couples filing joint being inequitably treated when a bonanza returns with incomes of $50,000 or more. they have had for a long time is partially Thus, high-income people will have to taken away. pay a substantial added charge not being asked of lower-income people. The addi- tional benefit protection is worth far less Mr. Myers was chief actuary of the So- than the additional premium. cial Security Administration, 1947-70, and deputy commissioner, 1981-82. He was ex- ecutive director of the National Commis- Social Security Reform. 1982-83. TION of CURRENT LAW 9-8-89 (DTR) TAXATION, BUDGET AND ACCOUNTING TEXT (No. 173) L-17 original liquidation) will not be taken into account. However, (f) Effective date. Property imported by a taxpayer is reliquidation under 19 U.S.C. section 1501 (voluntary reliqui- subject to section 1059A and this section If the entry docu- dation by the Customs Service within 90 days of the original mentation required to be filed to obtain the release of the liquidation to correct errors in appraisement, classification. property from the custody of the United States Customs or any element entering into a liquidation or reliquidation) Service was filed after March 18, 1986. Section 1059A and or reliquidation under 19 U.S.C. section 1520(c)(1) (to correct this section will not apply to imported property where (1) a clerical error, mistake of fact. or other inadvertance the entry documentation is filed prior to September 3, 1987; within one year of a liquidation or reliquidation) will be and (2) the importation was liquidated under the circum- taken into account in the same manner as, and take the stances described in paragraph (c)(9) of this section. place of. the original liquidation in determining customs /s/Lawrence B. Glbbs Commissioner of Internal Revenue value. (e) Drawbacks. For purposes of this section. a drawback, that is, a refund or remission (in whole or in part) of a Approved: June 26, 1989 customs duty because of a particular use made (or to be made) of the property on which the duty was assessed or /s/Kenneth W. Gideon collected. shall not affect the determination of the customs Assistant Secretary of Treasury value of the property. JOINT COMMITTEE ON TAXATION STAFF DESCRIPTION (JCX-45-89) OF PRESENT LAW AND POSSIBLE REVENUE OPTIONS RELATING TO MEDICARE CATASTROPHIC INSURANCE PROGRAM, AND SENATE FINANCE COMMITTEE STAFF OPTIONS TO REFORM MEDICARE CATASTROPHIC BENEFITS, CONSIDERED BY FINANCE COMMITTEE SEPT. 7, 1989 (TEXT) JCX-45-89 1. PRESENT LAW A. Medicare Benefits CONTENTS In general INTRODUCTION Medicare is a nationwide health Insurance program for I. PRESENT LAW the aged and certain disabled persons. Medicare consists of three parts: the hospital insurance program (Part A), the A. Medicare Benefits supplementary medical insurance program of Part B (SMI), B. Financing of Medicare Benefits and the catastrophic drug insurance program of Part B II. DESCRIPTION OF POSSIBLE REVENUE OPTIONS (CDI). Individuals who have attained age 65 and who are eligible A. Reduce Supplemental Premium Rates and Caps for monthly social security or railroad retirement benefits B. Increase the Wage Base for the Medicare are covered under Part A of Medicare at no cost. Part A Hospital Insurance Tax to $60,000 coverage is also available at no cost to certain disabled individuals who have not attained age 65 and to persons who APPENDIX A: DISTRIBUTIONAL EFFECT OF THE have end-stage renal disease. Persons who have attained age SUPPLEMENTAL PREMIUM 65 and who are not eligible for social security or railroad INTRODUCTION retirement benefits may obtain Part A coverage providing they pay for the coverage. The monthly premium for such The Senate Committee on Finance has scheduled a mark- coverage, as of January 1, 1989, is $156. up on September 7, 1989, on the Medicare catastrophic Within limits, Part A of Medicare provides coverage for insurance program of the Medicare Catastrophic Coverage Inpatient hospital care, skilled nursing facility care, home Act of 1988. health care, and hospice care. This document.¹ prepared by the staff of the Joint Com- Coverage under Part B, which includes the SMI and the mittee on Taxation, provides a discussion of present law, CDI programs, is voluntary. All persons age 65 or older and possible revenue options proposed, and distributional effects individuals eligible for Part A benefits by virtue of disability of the supplemental premium and options. or end-stage renal disease may elect to enroll in both these Part I of the document provides a summary description of programs by paying the monthly premium. Enrollees may present law relating to Medicare benefits and financing of not elect to enroll in only one of these programs. the benefits. Part II describes possible revenue options. The SMI covers doctor's services, other medical and health Appendix provides data on the distribution of the current services (e.g., laboratory and other diagnostic tests, ambu- Medicare supplemental premium by income group. lance services, outpatient services at a hospital). and certain home health services not covered under Part A. SMI covers This document may be cited as follows: Joint Committee on 80 percent of the reasonable charges for such services, Taxation. Present Law ana Possible Revenue Options Relating to the Medicare Catastrophic Insurance Program (JCX-46-89), subject to a deductible. Beginning in 1990, enrollees in Part B will also be eligible for prescription drug benefits. September 7, 1989. Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, D.C. 20037 P.2/8 SEP 12 '89 17:05 WASH RGNL OFFICE L 18 (No. 173) TAXATION, BUDGET AND ACCOUNTING TEXT (DTR) 9-8-89 Benefits under the Medicare Catastrophic Act of 1988 16.8 percent. Coinsurance requirements will be 50 percent of The Medicare Catastrophic Act of 1988 (the "Act") signifi- reasonable charges above the deductible in 1991, 40 percent cantly expanded the benefits covered by Medicare. Major in 1992, and 20 percent in 1993 and subsequent years. changes to the benefits are described below. Part A benefits B. Financing of Medicare Benefits Inpatient hospital care. - Under the Act, Medicare pays all hospital inpatient costs above an annual deductible Part A benefits amount ($560 for 1989). Under prior law, the number of days Part A benefits are financed through the Hospital Insur- covered by Medicare was limited for a single spell of illness. covered individuals paid a deductible for each spell of ance Trust Fund. This trust fund is financed primarily through payroll tax contributions paid by employers. em- illness, and coinsurance amounts were payable after the ployees, and the self-employed. The payroll tax rate for 1989 60th day of each spell of illness. The Act eliminated the is 1.45 percent of compensation up to $48,000 per employee. concept of a spell of illness, which began with a hospital An equal amount is paid by the employer. Self-employed admission and ended on the 61st day following discharge individuals pay both the employers' and employees' portion from the hospital or from a skilled nursing facility (SNF) of the tax. entered after the hospital stay. Skilled nursing facility care. - Under the Act, the limit on SMI benefits SNF care is 150 days per year, and no prior inpatient stay is SMI benefits are funded through the Supplementary Medi- required for coverage. Coinsurance payments are required cal Insurance Trust Fund (SMI Trust Fund) by premiums for the first 8 days of care each year, at a rate of 20 percent paid by enrollees in the Part B program and general rev- of average SNF costs per day ($25.50 for 1989). Under prior enues. In 1989 a temporary provision requires that enrollee law. the limit on SNF care was 100 days per spell of Illness, premiums provide 25 percent of the financing of Part B. after a hospital stay of at least 3 days. Coinsurance pay- Thereafter, premium rates will be derived annually based ments were required for days 21 through 100 at a rate of upon the projected costs of the program for the coming 1/8th of the deductible amount ($67.50 for 1988). year, but premium increases will be limited to increases in Home health care. - Under prior law and the Act. there the social security cost-of-living adjustment. Therefore, the is no limit on the overall number of covered home health share of benefits financed by premiums is expected to drop care visits and no coinsurance requirement. To be covered, below 25 percent. while the general revenue share will grow. home health care visits must be required on an intermittent The basic Part B monthly premium for 1989 is $27.90, basis. Under prior law, the intermittent requirement was without regard to the additional premium added by the Act interpreted to mean that there could be 5 to 7 visits a week, (see below). for 2 to 3 consecutive weeks. Under the Act, beginning in 1990, covered individuals may receive up to 38 consecutive Financing of benefits under the Medicare Catastrophic Cove days of home health care, 7 days a week. erage Act of 1988 Hospice care. The Act eliminated the 210-day lifetime In general limit on hospice care. The new benefits provided by the Act are financed Part B benefits through the combination of (1) an increase in the Part B flat SMI benefits. - Beginning in 1990, the Act expands Part monthly premium and (2) a new supplemental premium B benefits. Each enrollee's annual liability for Part B copay- based on income tax liability. It was anticipated that the ments is capped. The cap is $1,370 for 1990, and will be supplemental premium would finance approximately 63 adjusted each year to keep the proportion of enrollees percent of the costs under the Act, and that the flat premi- subject to the cap constant at 7 percent. Part B coverage is um would finance the remaining 37 percent of costs. expanded to include mammography screening for women, Flat premium subject to a maximum of $50 (Indexed) per screening and The Act provides for increases in the monthly Part B the usual copayment requirements. In addition, once suffi- premium otherwise determined to finance the catastrophic cient costs have been incurred to receive benefits under coverage benefit and the prescription drug benefit. Through either the copayment cap or the new drug provisions (see 1993, the amount of the increase is set by law. After 1993, below). enrollees are eligible for respite benefits. Under this the flat premium is adjusted through use of a formula benefit, Medicare will pay 80 percent of reasonable costs for designed to maintain a reserve for the catastrophic up to 80 hours a year of in-home personal services, to give program. the usual caretakers of homebound enrollees a respite. For 1989-1993, the additional flat monthly premium for Catastrophic drug insurance. Effective January 1990. Part B enrollees is as follows: the Act provides coverage for drugs administered Intrave- Total nously at home and for immunosuppressive drugs after the first year following a transplant, subject to an annual de- Catastrophic Prescription Catastrophic ductible amount of $550. Coinsurance of 20 percent will be Coverage Drug Flat Year Premium Premium Premium required on drugs administered intravenously, while coin- surance will initially be 50 percent for newly-covered im- 1989 $4.00 $ .00 $ 4.00 munosuppressive drugs. (Medicare already covers 80 1990 4.90 .00 4.90 percent of the costs of immunosuppressive drugs in the first 1991 5.48 1.94 7.40 year following an organ transplant.) 1992 6.75 2.45 9.20 Effective January 1991, the CDI program will be expand- 1993 7.18 3.02 10.20 ed. Coverage will include all outpatient prescription drugs and insulin, subject to an annual deductible amount ($600 in ; Residents of Puerto Rico, other U.S. commonwealth or territor- 1991) that will be adjusted each year to keep the proportion ies, and individuals not entitled to or eligible for Medicare Part A of enrollees paying the maximum deductible constant at have different premium schedules. Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 8/E'd SEP 12 '89 17:06 WASH RGNL OFFICE 9-8-89 (DTR) TAXATION, BUDGET AND ACCOUNTING TEXT (No. 173) L- 19 Supplemental premium Revenue Effect The supplemental premium is payable in a year by any (Fiscal years: billions of dollars) individual who is eligible for Part A of Medicare for at least Proposal 1990 1991 1992 1993 1994 1990-1994 6 months during the year (except for those who pay the Part 1. 15 percent -1.5 -2,7 -2.9 -3.5 -4.) -14.9 A primium), who has income tax liability for the year of at rate/maximum least $150, and who resides in one of the 50 states or the premium of 6585 District of Columbia. Subject to a limit on the maximum 2. 10 percent -2.7 -3.7 -3.8 -4.4 -5.2 -19.8 premium payable by an individual, the annual premium is rate/maximum determined by multiplying (1) the supplemental premium premium of 6585 rate by (2) the amount determined by dividing the individ- ual's adjusted income tax liability by $150. 1. 10 percent -2.3 -2.7 -2.9 -1.5 -4.3 -15.7 rate for 1989, For years 1989 through 1993, the supplemental premium 15 persent rate is set by law. For years after 1993, the supplemental thereafter/ maximum premium premium rate will be adjusted by a formula that is designed of 8583 to maintain a reserve for the catastrophic program. B. Increase the Wage Base for the The supplemental premium rate for 1989-1993 is equal to Medicare Hospital Insurance Tax to $60.000 the sum of the catastrophic coverage premium rate and the Present Law prescription drug premium rate as follows: FICA taxes are generally imposed on the employee and the employer at equal races. The current tax rate for both the employer and the employee is 7.51 percent of wages 17.69 percent in 1990 and thereafter consisting of 6.08 percent Catas- Prescip- Total (6.2 percent in 1990 and thereafter: for Old-Age, Survivors trophic tion Supple- Total and Disability Insurance (OASDI) and 1.45 percent for Medicare Hospital Insurance (MI). Corresponding taxes are Coverage Drug mental Percent imposed on earnings from self-employment. Year Premium Premium Premium Rate' The amount of earnings from employment subject to both 1989 $22.50 $ .00 $22.50 15% the OASDI and HI taxes are capped at $48,000 in 1989. The earnings base increases each year based on the increase in 1990 27.14 10.36 37.50 25 average wages in the economy. The earnings case 18 currently projected to be $50,700 in 1990. 1991 30.17 8.83 39.10 26 1992 30.55 9.95 40.50 27 Explanation of Proposel 1993 29.55 12.45 42.00 28 Beginning in 1990, the earnings base for the HI tax would be increased to $50,000, or the earnings 0834 for the The maximum annual supplemental premium is not to OASDI tax, whichever 18 greater. exceed the following amounts for 1989-1993: Revenue Effect (Fiscal years: billions of dollars) In the case of taxable Proposel 1990 1991 1992 1993 1994 1990-94 years beginning in: The limitation is: Increase 0.6 1.6 1.1 0.5 0.1 1.9 1989 $800 wage case to 560,000 1990 850 1991 900 APPENDIX A: 1992 950 DISTRIBUTIONAL EFFECT OF THE SUPPLEMENTAL PREMIUM 1993 1,050 Table I WHO For years after 1993, the cap on the maximum supple- Medicare Catestrophic Coverage Act of 1988 Distribution of Medicare Enrollees PAYS mental premium is increased through the use of a formula. By Level of Supplemental Prémium How MUCH (Calender Year 1989) in 1989 This column shows the total supplemental premium as a percent of tax liability. medicare Supplemental Premium Enrollees percent Per Enrolles (Thousands) Distribution Not Subject To Premium 19,240 $8.8 am % paying III. DESCRIPTION OF POSSIBLE REVENUE OPTIONS Less than $100 4,031 12.3 A. Reduce Supplemental Premium Rates and Caps norms 100 to 199 2.024 8.6 Present Law 200 to 299 2,024 6.2 The supplemental premium rates are 15 percent of tax liability in 1989. 25 percent in 1990, 26 percent in 1991, 27 200 to 399 1,093 3.3 percent in 1992. and 28 percent in 1993. The maximum supplemental premium per enrollee is $800 in 1989, $850 in 400 to 499 625 1.9 1990, $900 in 1991, 5950 in 1992, and $1,050 in 1993. 500 to 599 335 1.0 Explanation of Proposals 500 to 699 460 1.4 .. The supplemental premium cate would be 15 percent of tax liability and the MAXIMUM supplemental premium per enrollee 700 to 799 281 0.8 would be $585 through calendar year 1994, Maximum Premium ($800) 1,840 4.6 2. Alternatively, the supplemental premium rate would be 10 percent of tax liability and the maximum supplemental premium per enrollee would be $585 through calendar year 1994. TOTALS 32,750 100.0 1. Alternatively, the supplemental premium rate would De 10 percent of tax liability for calendar year 1989 and 15 percent thereafter. The maximum supplemental premium per enrollee would be $585 through calendar year 1994. Joint Committee on Texation Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 P.4/8 SEP 12 '89 17:07 WASH RGNL OFFICE 20 (No. 173) TAXATION, BUDGET AND ACCOUNTING TEXT (DTR) 9-8-89 Table 2 Medicare Catastrophic Coverage Act of 1988 Distribution of medicare Enrollees By Level of Supplemental Premium (Calendar Year 1993) in 1993 Medicare Supplemental Premium Enrollees Percent Per Enrollee (Thousands) Distribution Not Subject To Premium 18,387 52.4 Less chan $100 2,102 6.6 100 to 199 2,555 7.3 200 to 299 1,599 4.6 100 to 199 1,648 4.7 400 to 499 1,270 3.6 500 to 599 1,187 3.4 600 10 699 914 2.6 700 to 799 744 2.1 860 to 999 473 1.4 900 to 999 240 0.7 1,000 40 1,049 145 0.4 MAXIMUM Fremium ($1,050) 3,612 10.1 TOTALS 35,075 100.0 Joint Committee on Taxation TABLE , MEDICARE CATASTROPHIC COVERAGE ACT OF 1990 [Celender Year 1999) JOINT RETURNS NON-JOINT RETURNS Average Average Income Income Class Average Tax Supplemental Class Avarage Tax Supplemental Income Liability Premium Income Limbility Promium (Thousands of Per Per Per (Thousands of Per Per Per Return' Return Enrelleez Dellars) naturn' Return Enrollee2 Dellars) $ 3,071 $ o $ 0.00 $ 0 5 s 9 2,597 $ o $ 0.00 $ 0 $ 5... 5 10 7,701 -14 0.00 5 - : 10... 7,056 -1 0.00 15 12,556 .29 0.00 10 # 15... 12,376 105 0.00 10 17,514 13 0.00 10 - 20... 17,196 576 $0.40 15 20 22,516 390 29.70 20 - 25... 22,210 1,410 21.50 20 25 27,545 #30 69.75 25 - 30... 37,294 2.035 305.25 25 30 35 32,378 118.93 30 - 35 32.333 2,902 435.30 30 1,559 171.00 35 - 40... 37,254 4,773 715.95 35 - 40 37.599 2.251 40 45 42,374 3.057 229.20 40 - 45... 42,840 6,296 000.00 47,516 6,147 311.03 45 - 50... 47.076 7,637 800.00 45 50 50 - 55 52.052 4,991 374.33 so - 55... $2,402 8,770 600.00 57.627 6,693 601.23 55 . 60... 56,538 9,932 800.00 55 - 60 62,809 8,204 $16.30 so - as... 60,929 10,200 800.00 60 * 65 57,491 9,549 730.80 as - 70... 67,200 9,603 600.00 05 70 70 75 12,097 10,166 782.45 70 - 7% 72,330 12,023 800.00 10,239 767.93 75 - 80... 76,002 13,422 800.00 75 80 77,757 88,227 14,299 500.00 80 - 100 68,987 17,625 600.00 80 100 136,677 25,315 800.00 100 . 200... 30,208 800.00 100 200 200 and UP... 800.00 200 and wp... 137,122 600.00 643,830 139,278 Joint Committee on Taxation September 6. 1989 " defined. salely for purposes of presenting distributional information. as adjusted gress Income is (AGI) plus untexed Income from: (1) untased social security benefits: (2) tsx-exampt 1170 interest, proferences: insurance: and (8) pertien of omerive 100500 in - of minimum tax preferences to the (3) employer (5) worners compensation (8) contributions to 1RA and Keegh accounts, minimum the extent tax income contributions ver noalth plane and 1170 insurance: (a) inside build-up (7) on losses are allowed in the computation of AGI, 2, Computed at average tax liability per return in income class. Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington. D.C. 20037 8/9/8 30I330 RGGL HSUM 80:21 68, 21 d3S 9-8-89 (DTR) TAXATION, BUDGET AND ACCOUNTING TEXT (No. 173) L- 21 TABLE 4 MEDICARE CATASTROPHIC COVERAGE ACT OF 1968 [Celender Year 1993) JOINT RETURNS NON-JOINT RETURNS Income Average Income Average Class Average Tax Supplemental Class Average TBS Supplemental Income Liability Premium Income Limbility Premium (Thousands of per Per Per (Thousands of Per Par per Dollars) Return' Return Enrellee2 Dellars) Return' Return Enrolles2 s 0 s 5 % 2,357 $ -9 $0.00 $ 0 . $ 5 e 2.305 $ 0 $0.00 5 10 7,930 -12 0.00 5 10 7,548 -1 0.00 10 15 12,771 -32 0.00 10 18 12,150 39 0.00 15 20 17,417 -21 0.00 15 - 20 17,333 378 105.28 20 25 22,449 200 33.60 20 - 2m... 22,300 1,020 285.60 25 30 27,450 554 77.56 25 - 30... 27,412 1,649 461.72 30 35 32.520 $11 127.54 30 - 35 32,373 2,295 642.60 35 40... 37.453 1,592 222.08 35 - 40 37.257 3,604 1,009.12 40 45 42,316 2,319 324.68 40 . as... 42.631 4,555 1,050.00 45 50 47,845 3,099 433.80 45 - 50 47,400 6,670 1,050.00 50 55 52,384 4.068 569.52 so - 75 60,898 9,044 1,050.00 55 60 57,230 4,958 694.12 7% - 100 07,203 14,592 1,050.00 60 65 62.303 8,530 914.20 100 - 200... 130,153 28,074 1,050.00 65 70 67.341 7,807 1,050.00 200 and up... 534,697 113,030 1,050.00 70 75 72,377 8,596 1,050.00 75 80 78.03? 9,598 1,050.00 80 03 83,181 10,781 1,050.00 05 - 100 81,755 13,675 1,050.00 100 200 137.632 23,312 1,050.00 200 and up 623.120 136,694 1,050.00 Joint Committee en taxation September 6. 1989 Income is defined. salwly For purposes of presenting distributionel Information, " adjusted gress income (AGE) plus untered income from: (1) untaled social security benefits (2) textexempt Interest: (3) employer contributions for health plans and life insurance: (4) inside buildrup on 1990 insurance: (5) warhorg. compensation (6) centributions to IRA and Keegh accounts, (7) minimum tox preferences: and (8) portion of Dessive in ****** of minimum 19. preferences 10 the extent the 105565 are allowed in the computation of AGI 2, Computed at overage tax liability per return in income class. Senate Finance Committee benefit would begin on January 1, 1992 with 50% coinsur- STAFF OPTIONS TO REFORM MEDICARE CATASTROPHIC ance and would be fully phased in on January 1. 1994 with September 7, 1989 08:30 am 20% coinsurance (rather than 1991 and 1993 as currently scheduled). Drug utilization review requirements would be Option 1: Increase catastrophic cap on out-of-pocket ex- delayed another year (until January 1, 1993). Increase pre- penses from $1370 in 1990 (which affects 7% of enrollees) to scription drug deductible to assure that 16.8% of beneficia- $1600 (benefits 5.5% of enrollees). Increase prescription ries (instead of 27% currently estimated) would qualify for drug deductible to assure that 16.8% of beneficiaries (in- the benefit. Under Part B opt-out. the decision to pay stead of 27% currently estimated) would qualify for the premiums and qualify for catastrophic benefits would be benefit. Deductible would increase from $600 to $882 in linked to the decision to enroll In Part B. which is currently 1991; from $652 to $984 in 1992; from $710 to $1092 in 1993). voluntary. Under Part B opt-out, the decision to pay premiums and Option 3: Increase catastrophic cap on out-of-pocket ex- qualify for catastrophic benefits would be linked to the penses from $1370 in 1990 (which affects 7% of enrollees) to decision to enroll in Part B. which is currently voluntary. $1600 (benefits 5.5% of enrollees). Delay phase-in of pre- Option 2: Increase catastrophic cap on out-of-pocket ex- scription drug benefit by one year. except for home intrave- penses from $1370 in 1990 (which affects 7% of enrollees) to nous therapy and immunosuppressives (and $1600 (benefits 5.5% of enrollees). Delay phase-in of pre- chemotherapeutics as under current law) which would be- scription drug benefit by one year, except for home intrave- come effective in 1990 as scheduled. Prescription drug nous therapy and immunosuppressives (and benefit would begin on January 1. 1992 with 50% coinsur- chemotherapeutics as under current law) which would be- ance and would be fully phased in on January 1. 1994 with come effective in 1990 as scheduled. Prescription drug 20% coinsurance (rather than 1991 and 1993 as currently Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 8/9'd SEP 12 '89 17:08 WASH RGNL OFFICE 22 (No. 173) TAXATION, BUDGET AND ACCOUNTING TEXT (DTR) 9-8-89 scheduled). Drug utilization review requirements would be and 1993 as currently scheduled). Drug utilization review delayed another year (until January 1, 1993). Increase pre- requirements would be delayed another year (until January scription drug deductible to assure that only enrollees who 1, 1993). Increase prescription drug deductible to assure that incur catastrophic drug costs would qualify (10% of benefi- 16.8% of beneficiaries (instead of 27% currently estimated) claries). Deductible would increase to $1355 in 1992 and would qualify for the benefit. Under Part B opt-out, the $1510 in 1993. Under Part B opt-out, the decision to pay decision to pay premiums and qualify for catastrophic bene- premiums and qualify for catastrophic benefits would be fits would be linked to the decision to enroll in Part B, which linked to the decision to enroll in Part B, which is currently is currently voluntary. voluntary. Option 6: Increase catastrophic cap on out-of-pocket ex- Option 4: The catastrophic cap on out-of-pocket expenses penses from $1370 in 1990 (which affects 7% of enrollees) to would be maintained at $1370 in 1990. The prescription drug $1700 (benefits 5% of enrollees). Repeal prescription drugs benefit and associated premiums would be repealed (other except for home intravenous therapy and immunosuppres- than home intravenous and immunosuppressive therapy sives (and chemotherapeutics as under current law). Request benefit (and chemotherapeutics as under current law) which Prescription Drug Payment Review Commission study of would become effective in 1990 as scheduled. Under Part B "appropriate" catastrophic drugs and the means to finance opt-out. the decision to pay premiums and qualify for cata- them. strophic benefits would be linked to the decision to enroll in Option 7: Increase catastrophic cap on out-of-pocket ex- Part B, which is currently voluntary. penses from $1370 in 1990 (which affects 7% of enrollees) to Option 5: The catastrophic cap on out-of-pocket expenses $1700 (benefits 5% of enrollees). Retain the prescription would be eliminated. Delay phase-in of prescription drug drug benefit with the following modifications: benefit by one year, except for home Intravenous therapy a. The individual must have met the Part B catastroph- and immunosuppressives (and chemotherapeutics as under ic cap in order to be eligible for the drug benefit: and current law) which would become effective in 1990 as b. Prescription drug benefit claims would not be pro- scheduled. Prescription drug benefit would begin on January cessed until the individual incurred expenses equal to the 1. 1992 with 50% coinsurance and would be fully phased in drug deductible in that year. on January 1, 1994 with 20% coinsurance (rather than 1991 OPTIONS TO REFORM MEDICARE CATASTROPHIC September 7, 1989 08:30 1989 1990 1991 1992 1993 Total Option 1: Part B Cap at $1600 0 -0.4 -0.6 -0.7 -0.8 -2.5 Drugs at 16.8% 0 0 -0.5 -1.1 -0.7 -2.3 Part B opt-out 0 0.1 0.6 0.3 0.3 1.3 Total 0 -0.3 -0.5 -1.5 -1.2 -3.5 Option 2: Part B Cap at $1600 0 -0.4 -0.6 -0.7 -0.8 -2.5 Drugs at 16.8%, delayed 0 O -1.4 -2.3 -1.4 -5.1 Part B opt-out 0 0.1 0.6 0.3 0.3 1.3 Total 0 -0.3 -1.4 -2.7 -1.9 -6.3 Option 3: Part B Cap at $1600 0 -0.4 -0.5 -0.7 -0.8 -2.5 Drugs at 10%, delayed O 0 -1.4 -2.7 -2.2 -6.3 Part B opt-out 0 0.1 0.6 0.3 0.3 1.3 Total 0 -0.3 -1.4 -3,1 -2.7 -7.5 Option 4: Part B Cap at $1370 0 0 0 0 0 0 Repeal Drugs * 0 0.8 1 -0.7 -0.5 0.6 Part B opt-out 0 0.1 0.6 0.3 0.3 1.3 Total 0 0.9 1.6 -0.4 -0.2 1.9 Option 5: Eliminate Part B Cap O -1,8 -3.2 -3.8 -4.3 -13.1 Drugs at 16.8%, delayed O 0 -1.4 -2.3 -1.4 -5.1 Part B opt-out 0 0.1 0.6 0.3 0.3 1.3 Total 0 -1.7 -4 -5.8 -5.4 -16.9 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 8/2'd SEP 12 '89 17:09 WASH RGNL OFFICE 9-8-89 (DTR) TAXATION, BUDGET AND ACCOUNTING TEXT (No. 173) L- 23 option 6: Part B Cap at $1700 0 -0.5 -0.8 -0.9 -1.1 -3.3 Repeal Drugs ** 0 0 -1.4 -3.3 -3.8 -8.5 Total 0 -0.5 -2.2 -4.2 -4.9 -11.8 Option 7: Part B Cap at $1700 0 -0.5 -0.8 -0.9 -1,1 -3.3 Modified Drug Benefit N/A N/A N/A N/A N/A N/A Total N/A N/A N/A N/A N/A N/A Note: Estimates of Part B opt-out do not reflect any changes that might be made to supplemental premiums. Estimates take into account effects on Medicaid spending * Assumes premium repeal. Repeal of benefits only is zero in FY90, -1.4B in FY91, -3.3B in FY92, -3.83 in FY93 ** Assumes flat premium retained 1990 1990 1993 1993 1989-93 1989-93 Cost Percent Cost Percent Cost Percent of Total of Total of Total Part À Benefits Hospital 1302 31.7% 1671 13.3% 6816 18.5% Skilled Nursing Facility 381 9.3% 511 4.1% 2041 5.5% Home Health 129 3.1% 208 1.7% 714 1.9% Hospice 1 * 1 * 5 * Part B Benefits Part B Copayment Cap 1838 44.7% 4326 34.5% 13162 35.8% Respite Care 67 1.6% 418 3.3% 909 2.5% Screening Mammography 75 1.8% 147 1.2% 483 1.3% Prescription Drugs 76 1.8% 4254 33.9% 9646 26.2% Administrative Expenses 244 5.9% 1000 8.0% 3035 8.2% TOTAL MEDICARE BENEFITS 4113 100.0% 12536 100.0% 36811 100.0% * Less than .1 percent NOTE: These estimates are the latest available from CBO as of 28 August. They do reflect CBO's July reestimate of drug costs, but do not reflect recent reestimates of skilled nursing facility (SNF) costs, or other minor and technical reestimates of Part A benefits. Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 8/8'd OFFICE RGGL HSHM 12:09 68, 12 d3S MEDICARFroued Has W don Catastrophic Protection and Other New Benefits An Official Notice To Medicare Beneficiaries Explaining Benefits 2.U Under The Medicare Catastrophic Coverage Act of 1988 AD "Let us remove a financial specter facing MEDICARE EXPANDED TO INCLUDE our older Americans- the fear of an illness CATASTROPHIC HEALTH INSURANCE so expensive that it can result in having to Medicare has been changed to better protect its make an intolerable choice between 32 million elderly and disabled beneficiaries bankruptcy and death." from "catastrophic" hospital, doctor and prescription drug bills. The changes, mandated President Ronald Reagan by the Medicare Catastrophic Coverage Act of 1986 State of the Union Message 1988 (Public Law 100-360), will be introduced beginning January 1, 1989. The new law limits the amount you as a Medicare beneficiary must pay for hospital care, physician services, medical supplies, and DEAR MEDICARE BENEFICIARY: outpatient drugs covered by Medicare. It increases home-health, skilled nursing facility, and hospice coverage, and adds breast-cancer Beginning January 1, 1989, Medicare will be screening and respite care benefits. expanded to cover catastrophic health care costs. These new and improved benefits will be made available to you automatically if you are a This new plan meets President Reagan's call Medicare beneficiary or when you become to protect the elderly and disabled against eligible for the program. You are not required financial ruin in the event of a prolonged to do anything to receive this coverage. If you hospital stay or other high medical costs. are enrolled in Part A only and want to enroll in Part B so as to take advantage of all of the benefits, you will be given a chance to do so We are proud to provide this new coverage during the general enrollment period from as part of our continuing commitment to af- January 1 through March 31 each year. fordable quality health care. OTIS R. BOWEN, M.D. Secretary U.S. Department of Health and Human Services 1 NEW HOSPITAL BENEFITS: PSYCHIATRIC HOSPITAL BENEFIT: Medicare hospital insurance (Part A) helps pay The 190-day lifetime limit on inpatient for medically necessary care in a Medicare- psychiatric hospital services remains approved hospital, skilled nursing facility and unchanged. hospice. It also pays for certain home health care. SKILLED NURSING FACILITY CARE: Beginning January 1, 1989, you will be The new law provides for 150 days of care per entitled to unlimited hospitalization for calendar year in a Medicare-certified skilled approved care after you pay a single annual nursing facility starting January 1, 1989. If deductible, estimated at $564 in 1989. (A you are admitted to a skilled nursing facility, deductible is an amount you must spend before you will be responsible for copayments (a Medicare begins paying for services and share of the costs) for the first eight days of supplies covered by the program.) Medicare care each year. The copayment is estimated at will pay for your hospital care only if you $22 per day in 1989. Medicare pays all other meet the following four conditions: (1) a allowable charges for up to 150 days of doctor prescribes inpatient hospital care for covered care even if you are discharged and treatment of your illness or injury, (2) you readmitted to a skilled nursing facility more require the kind of care that can only be than once during a calendar year. The provided in a hospital, (3) the hospital is requirement that you be hospitalized at least participating in Medicare, and (4) the three days immediately before entering a Utilization Review Committee of the hospital skilled nursing facility to qualify for Medicare or a Peer Review Organization does not coverage will be eliminated for stays starting disapprove your stay. on or after January 1, 1989. Once you meet these conditions and pay the Skilled nursing facility care is not the same as single annual deductible, Medicare pays 100 custodial nursing home care. Skilled nursing percent of the approved charges for your care. facility care is acute care while custodial This is regardless of the costs, length of stay nursing home care is long-term care. A skilled or number of times you are admitted to the nursing facility is a specially qualified facility hospital in any one year. And if you pay the which has the staff and equipment to provide deductible during December, you do not have skilled nursing care or rehabilitation and other to pay it again if you are still a patient in or related health services. Most nursing homes in are readmitted to the hospital in January of the the United States are not skilled nursing following year. facilities and many skilled nursing facilities are While most hospital-related costs are covered not certified by Medicare. While Medicare by Medicare, you must pay for certain services does not cover custodial care in a nursing and conveniences, such as a private room home, some insurance companies offer policies (unless it is a medical necessity), private duty that do. nurses, a television, radio, or telephone in the room. 2 3 HOME HEALTH CARE: Effective January DOCTOR AND OTHER OUTPATIENT 1, 1990, if you qualify for home health care, SERVICES (Part B): Medicare Part B helps reasonable and necessary skilled nursing care pay for medically necessary doctor services, and/or home health aide care will be available outpatient hospital services, home health care, to you for up to six days a week for as long as and various medical services and supplies not it is prescribed by a doctor. If you need such covered by the hospital insurance part of home health care seven days a week, you will Medicare. It is voluntary, and enrollees pay a be entitled to 38 consecutive days of care. The monthly premium. 38-day limit can be extended for a period of Effective January 1, 1990, your share of time under special circumstances. approved charges for services and supplies covered by Part B will be limited to $1,370 a HOSPICE CARE: Beginning in 1989, year. You will be required to pay the first $75 unlimited hospice care will be available to (deductible) of charges approved by Medicare beneficiaries who are recertified as terminally and 20 percent of all approved charges after ill after 210 days of care in a hospice. that until these out-of-pocket expenses total $1,370. It does not matter whether these expenses are paid directly by you or by your private insurance company. Once the $1,370 amount is reached, Medicare will pay 100 percent of all other approved charges under Part B for the remainder of the calendar year. (An approved charge is an amount Medicare has determined to be a reasonable price for physicians and other covered medical services.) If a doctor or medical supplier charges more than Medicare's approved charge, you must pay the difference and it will not count toward the $1,370 limit. You will continue to be responsible for any charges over what Medicare allows even after you reach the $1,370 out-of-pocket limit. Some doctors and suppliers agree to not charge more than the Medicare-approved amount for services and supplies. They are called participating physicians and suppliers and their names and addresses may be obtained from the Medicare carrier for your area. 4 5 RESPITE CARE BENEFIT: This new NEW PRESCRIPTION DRUG BENEFIT: benefit, effective January 1, 1990, pays for the Medicare already pays for prescription drugs temporary services of a home health aide to when you are in the hospital. Beginning provide relief for an individual who normally January 1, 1990, the benefit will be expanded helps a Medicare beneficiary who requires to cover a few outpatient prescription drugs in assistance with essential daily personal care. certain circumstances, and in 1991 it will cover Medicare will pay for up to 80 hours per year most prescription drugs as well as insulin. of home health aide and personal care services. In 1990, Medicare will help pay for certain You can use this benefit only if you are antibiotics and other drugs that are injected chronically dependent and have met either the into the veins (intravenous) and can be safely annual deductible for outpatient prescription used at home. Coverage also will be expanded drugs or the $1,370 Part B catastrophic limit in 1990 to include immunosuppressive drugs for the year. used in the second year and thereafter following a Medicare-covered organ transplant. MAMMOGRAPHY: This new benefit, which Medicare already helps pay for goes into effect January 1, 1990, will pay up immunosuppressive drugs taken the first year to $50 for X-ray screening for the detection of following a Medicare-covered organ transplant. breast-cancer. Women 65 or older can use the benefit for a mammogram every other year, In 1990, you will have to pay the first $550 while certain younger disabled women covered for these covered drugs. Medicare will then by Medicare can use it for more frequent pay 80 percent of the cost of approved examinations. intravenous drugs and 50 percent of the cost of immunosuppressives used after the first year following a transplant. You will not have to pay the $550 deductible if your intravenous drug therapy began during a hospital stay and is continued at home, or for immunosuppressive drugs used in the first year after a transplant. Effective January 1, 1991, Medicare will cover most other prescription drugs as well as insulin. You will be responsible for an annual deductible and copayments. In 1991 the deductible will be $600 and the copayment 50 percent. This means that after you pay the first $600 for covered outpatient prescription drugs, 6 7 Medicare will pay half of all other allowed SUPPLEMENTAL PREMIUM: Besides the drug charges for the remainder of the calendar change in the basic premium, a supplemental year. In 1992 the deductible is estimated to be premium based on your income tax liability is $652 and the copayment 40 percent. In 1993 to be paid on Federal tax returns for 1989. and thereafter, if the new catastrophic coverage You must pay the supplemental premium if premiums have been sufficient to cover costs, you are entitled to or eligible for Medicare Medicare will pay 80 percent of all the Part A for more than six full months in the allowable drug charges in excess of the taxable year and your Federal income tax deductible. The deductible for 1993 is to be set liability for the year is $150 or more. The only at a later date. exceptions are for certain Medicare-eligible PAYING FOR CATASTROPHIC HEALTH individuals living in a foreign country and INSURANCE: Two new premiums are being those who pay a monthly premium for Part A added to pay for the catastrophic coverage. coverage. You do not have to pay the premium One will be an addition to the basic monthly if your tax liability for the taxable year is less Part B premium and the other will be a new than $150. annual income-tax-related premium. The extra The supplemental premium rate is $22.50 for charge to be added to the basic Part B each $150 of Federal income tax liability for premium will be $4 per month in 1989 and the 1989 tax year. This means that if you pay will gradually increase to $10.20 per month in $150 in Federal income taxes for 1989, your 1993. It will be in addition to any increases in supplemental premium will be $22.50. If your the monthly basic Part B premium which is tax is $300, the premium will be $45. The $24.80 in 1988. premium rate for each $150 of tax liability will If you are a Social Security or Railroad rise to $37.50 in 1990, $39 in 1991, $40.50 in Retirement beneficiary, any increase to you in 1992, and $42 in 1993. There is, however, a the Part B premium cannot be greater than the limit on the amount you must pay each year. cost-of-living adjustment in your monthly For 1989, the maximum supplemental premium benefit for the year. In other words, if at is $800. It will increase to $850 in 1990, $900 sometime in the future the Part B premium in 1991, $950 in 1992, and $1,050 in 1993. were increased $6 per month and your cost-of- The maximum is double for a married couple living adjustment for the year amounted to $5 as long as both were eligible for Part A for a month, the increase in your monthly more than six full months during the taxable premium would be limited to $5. year. While enrollment in Part B is still optional, you cannot buy Part B without also buying the new catastrophic benefits it provides. Everyone enrolled in Part B will be required to pay the new premium to be added to the basic Part B premium. Part B premium payments will not count toward the $1,370 out-of-pocket expense limit. 8 9 Thus, a couple will pay a supplemental Personnel Management will contact you premium in 1989 at the rate of $22.50 for each directly regarding these provisions. If you are $150 up to a maximum of $1,600. In the case not contacted by mid-September, you should of a joint return where only one spouse is write to the Office of Personnel Management, eligible for Medicare, only one half of any tax P.O. Box 275, Washington, D.C. 20044-0275. liability is taken into account, and the $800 maximum applies. There are also special rules MEDIGAP POLICIES: The new law requires for governmental retirees to adjust for the fact companies that issue insurance to supplement that their government pensions are fully taxed Medicare (Medigap policies) to send a letter to while the pensions received by Social Security their policyholders who are entitled to are not. Medicare explaining the changes in the The supplemental premium will be Medicare law and how it affects their policies' administered through the Federal income tax benefits and premiums. The letter is to be system, with premium amounts computed from mailed by January 31, 1989, to Medigap a table included with income tax forms and policyholders of record as of January 1, 1989. collected along with income tax payments. You Medigap policies must be revised to avoid will be receiving information from the Internal duplicating the new Medicare catastrophic Revenue Service in your 1988 tax package. If benefits. Contact your State insurance you have a tax-related question about the commissioner or insurance agent for additional supplemental premium, you should call or visit information about Medigap policies. your local Internal Revenue Service office. The supplemental premium does not count WHERE CAN I GET MORE toward the $1,370 out-of-pocket expense limit INFORMATION? If you require additional for Part B benefits. information about Medicare, contact the Medicare carrier that processes claims for your PREPAYMENT PLANS: If you are enrolled area. The carrier's telephone number is listed in a health maintenance organization (HMO) or in The Medicare Handbook. Information, competitive medical plan (CMP), the new including the carrier's telephone number, also catastrophic coverage will be provided by your may be obtained by calling 1-800-888-1998. HMO or CMP. Additional information about Questions about the supplemental premium this coverage and how it is to be provided by should be directed to the Internal Revenue the plans will be mailed to you in the near Service. future by the Health Care Financing Administration. If you are a federal retiree enrolled in the Federal Employees Health Benefits Program, special provisions of the new law may apply to you. The Office of 10 11 SUMMARY OF NEW BENEFITS * Hospital Benefit (Part A): Effective January 1, 1989, beneficiary pays an annual deductible of $564 (estimated for 1989) and Medicare pays the balance regardless of the number of days of hospitalization or the costs. * Skilled Nursing Facility Care: Effective January 1, 1989, 150 days of care per year with 20% copayment for first 8 days. * Hospice Care: Effective January 1, 1989, beyond 210 days of care if recertified as terminally ill. * Home Health Care: Coverage extended as of January 1, 1990, to provide for intermittent care up to 6 days a week; daily care for up to 38 consecutive days. * Medical Benefits (Part B): Beginning January 1, 1990, beneficiary pays $75 deductible and 20% copayment up to $1,370. Medicare then pays all other allowable charges for the rest of the year. * Drug Benefit: Certain drugs covered in 1990. Most prescription drugs, insulin covered in 1991 with Medicare paying 50% of allowable charges over $600. In 1992, Medicare pays 60% of allowable charges over $652 (estimated) deductible. If finances permit, Medicare pays 80% of allowable charges over yet-to-be set deductible in 1993. 12 Department of Health and Human Services BULK RATE MAIL Health Care Financing Administration POSTAGE & 6325 Security Boulevard FEES PAID HHS Baltimore, MD 21207 PERMIT NO. G28 Official Business Penalty for Private use, $300 THIRD CLASS BULK RATE