From: Annie Acosta [acosta@thearc.org]
Sent: Friday, July 17, 2009 2:13 PM
To: Annie Acosta
Subject: Health Care Reform - What's at Stake for Us?

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NATIONAL POLICY MATTERS
For Chapters of The Arc and Affiliates of UCP

                     


ISSUE # 4
July 17, 2009







Health Care Reform:
What’s at Stake for People with Intellectual and Developmental Disabilities?

The Case for Health Care Reform

There is a broad consensus that America’s health care system needs reform.  Health care spending doubled from 1996 to 2006, reaching $2.2 trillion in 2007, nearly double the average of other developed countries. Yet, over 46 million Americans are uninsured and we have poorer health outcomes than other industrialized countries.

During a White House Health Reform Summit in March, President Obama stated that health care reform is essential to achieving economic recovery. Summit attendees, including Republican and Democratic Members of Congress, the insurance industry, health care providers, and consumer groups (including The Arc and UCP), agreed that achieving health care reform this year is a necessary and bipartisan priority.

All stakeholders agree that reform must provide affordable coverage, improve quality and lower costs. To achieve these goals, emphasis has been given to prevention to transform our health care system’s focus from sickness to wellness, care coordination, chronic disease management, and shifting payment rates to focus on performance rather than services provided.


Why is Health Care Reform so Important to People with Intellectual and Developmental Disabilities?


Choice of Setting.
 Medicaid is the largest program that provides health care and long term services and supports for persons with disabilities. Medicaid has an institutional bias which makes it difficult for persons with disabilities to receive services in community-based settings rather than in large congregate settings. Consequently, over 300,000 people with disabilities are on waiting lists for home and community based long term services and supports across the country. The average wait is 8-10 years.

Long Term Care.  Our current health care system is principally designed to meet short term or “acute” care needs. There is a tremendous gap in long term care (LTC) for the general population, including people with IDD.  Our constituents often need assistance with activities of daily living throughout their lifetimes, such as getting dressed, taking medication, preparing meals, and managing money. Only 3% of Americans have private long term care insurance due to its high costs and Medicare provides only very limited LTC coverage. This leaves the overburdened and institutionally biased Medicaid program as the primary provider of LTC.

Coverage. Under current law, private health insurance companies are allowed to exclude persons with pre-existing conditions from coverage and “cap” lifetime coverage, policies which disproportionately affect people with disabilities.

Benefits.  People with disabilities frequently depend on habilitation and rehabilitation services as well as durable medical equipment, prosthetics, orthotics (DMEPOS) to maintain and improve function. These services and products must be included in any new health plans developed as part of health care reform.


Access to Quality Care.  According to the 2002 U.S. Surgeon General’s report, Closing the Gap: A National Blue Print to Improve the Health Care Needs of Persons with Mental Retardation, our constituents experience poorer health and have less access to medical care than the general population.  Many factors contribute to this disparity, including difficulty recognizing and communicating health care needs, the shortage of qualified, trained health care professionals who are willing to treat people with disabilities; and inaccessible medical equipment for those with mobility impairments (such as examination tables and weight scales).  In addition, low Medicaid provider reimbursement rates have been an ongoing cause of inadequate access to quality health care for individuals with IDD.  


What are The Arc and UCP’s Recommendations for Health Care Reform for People with IDD?

Earlier this year, The Arc and UCP developed the following broad recommendations for health care reform legislation:

  • Ensure that the private health insurance system covers ALL Americans so that Medicaid and Medicare are not the only option for coverage of people with disabilities;
  • Incorporate long term services and supports by including the CLASS Act and the Community Choice Act;
  • Strengthen the Medicaid program so that it provides accessible, high-quality health care services to people with disabilities enrolled in the program; and
  • Increase the education of physicians and dentists by amending the Public Health Services Act to require that medical schools, dental schools, and their residency programs provide training to improve competency and clinical skills in providing care to patients with disabilities (including those with intellectual disabilities) as a condition of receiving federal funds.

The Arc and UCP have since developed very specific recommendations as part of the Consortium for Citizens with Disabilities (CCD) , a coalition of over 100 national disability organizations.   Our recommendations have been in response to the following general options and plans that have been released to date by key Congressional Committees:

May 14

Expanding Health Care Coverage: Proposals to Provide Affordable Coverage to All Americans

Senate Finance Committee

June 16

The Affordable Health Choices Act

Senate Health, Education, Labor and Pensions (HELP) Committee

June 24

Quality Affordable Health Care Health Reform Discussion Draft

House Tri-Committee (Energy & Commerce; Ways & Means; Education & Labor)

Our highest priority recommendations include:

Setting

  • Allowing states to offer additional services under the 1915(i) Medicaid Home and Community-Based Services (HCBS) Waivers State Plan Option.

Long Term Services and Supports

  • Increasing the federal share of Medicaid, known as the Federal Medical Assistance Percentage (or FMAP) for HCBS and during periods of economic downturn.
  • Strengthening long-term services and supports through a two pronged approach:
    1) Improving the Medicaid program:
    §     The Community Choice Act would eliminate the institutional bias and allow a real choice for individuals to receive needed services at home or in the community by mandating states to cover personal attendant services. 
    §     The Empowered at Home Act would expand eligibility and asset limits, limit spousal impoverishment, and provide tax relief to family caregivers.
    2) Taking pressure off of the Medicaid program:
    §     The Community Living Assistance Services and Supports (CLASS) Act would create a national long term services insurance program which assists eligible individuals and their families to meet long term needs with a cash benefit and without forcing them into poverty to receive Medicaid benefits.

Coverage

  •  Prohibiting private health insurance exclusions for pre-existing conditions.
  •  Restricting the consideration of health status in setting premiums.
  • Expanding Medicaid to cover individuals with incomes up to 133 percent of the federal poverty line (approximately $29,000 per year for a family of four).

Benefits

  • Ensuring that minimum covered benefits include products and services that enable people with disabilities to maintain and improve function, such as  rehabilitation and habilitation services and durable medical equipment (such as wheelchairs and augmentative communication devices) and prosthetics and orthotics.

Access to Quality Care

  • Requiring training of physicians, dentists, and allied health professionals on how to treat persons with disabilities.
  • Integrating health disparities based on disabilities on the same basis as racial and ethnic disparities in research and program development.
  • Ensuring prevention programs include a focus on individuals with disabilities.
  • Increasing reimbursement rates for primary care services in Medicaid up to Medicare levels, with 100% federal funding (phased in over several years).

To read our full set of comments and recommendations on each plan, click on the links below:

Expanding Health Care Coverage: Proposals to Provide Affordable Coverage to All Americans - Senate Finance Committee 

Affordable Health Choices Act - Senate Health Education Labor and Pensions (HELP) Committee

Health Reform Draft Discussion Proposal - House Tri-Committee

 

What are the Next Steps for Health Care Reform?

1) Detailed bills introduced by Congressional Committees.  The House Tri-Committees (Energy and Commerce, Ways and Means, and Education and Labor) introduced the America’s Affordable Health Choices Act of 2009 (H.R. 3200) on July 14.  (The Arc and UCP are in the process of reviewing this 1,000-plus page bill. We will provide details on the bill’s impact on people with disabilities soon.)  The Senate Finance Committee has not introduced its bill. It hopes to produce a bi-partisan bill soon.  

2) Committee Markups.  Each of the committees involved debates and amends its bill.  The House Tri-committees will each markup their bills separately and then merge their bills.  House markups are expected to be completed in July and Senate markups by the end of August.

3) Committee Votes.  Committees vote to pass their bills at the end of mark-ups.  The Senate Health, Education, Labor and Pensions (HELP) committee approved its Affordable Health Choice Act on July 15 with no Republicans voting in favor.  Today, the House Committee on Ways and Means passed its version of the bill, the America’s Affordable Health Choices Act.  Following the Senate Finance Committee mark-up, the HELP and Finance Committees will merge their bills before the entire Senate votes.

4) Floor Votes. The bills go to the full House and Senate for a vote. A final vote in the House of Representatives is expected in late July. The Senate Majority leadership is hoping to consider its bill before the August recess – even if the recess must be delayed. President Obama continues to urge the House and Senate to vote on their bills before the August recess.

5) Conference. The House and Senate resolve any differences between their bills. Conference is expected to take place in the early fall.

6) Signature by President Obama. The President has stated his strong desire to have the bill signed by the end of the year.


What are the Greatest Challenges to Getting Health Care Reform Enacted This Year?

No substantive overhaul of our health care system has been achieved over the last 40 years despite several attempts to do so. The two major current challenges are:

A public plan.  The Congress is divided, largely along partisan lines, on whether the government should run a public insurance plan to compete with private plans. (It is important to underscore that no one will be required, under any health reform proposal, to change their current health insurance coverage or their medical providers.)

"Payfors".  There are strong divisions about how to pay for the proposed elements of health care reform. 



What Can Chapters of The Arc and Affiliates of UCP do to Help?

Tell your stories.  Members of Congress and the Obama Administration frequently use personal stories of Americans’ experiences with the health care system to garner support for health care reform. Take advantage of these opportunities to explain the unique and compelling health and long term care needs of people with IDD.

Respond to action alerts. There are still several steps left in the process.  At each juncture, we can have an impact.  At present, The Arc has reason to believe that many of these recommendations will be included in the committees’ bills.  

However, whether final legislation includes meaningful improvements in health care for people with IDD will depend, in part, on the active involvement of The Arc’s and other disability organizations’ networks across the country. There are hundreds, if not thousands, of powerful constituencies that have a great stake in health care reform.  It is up to us to make sure our priorities are included.  

 

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