February 22, 2012

Senate starts workers’ comp debate today (AUDIO)

A rewriting of the state’s workers’ compensation law begins today at the state capitol.

The House and the Senate reached a compromise agreement on changes to workers’ comp last year but didn’t have time to pass the bill.   Senator Tom Dempsey of St. Peters is starting this year with that compromise bill.  

It says occupational diseases are exclusively covered by workers’ compensation laws.  It defines toxic exposure and says workers who sue employers and win judgments  after getting workers’ comp payments will not have to give those payments back to the employer.

The bill says employees not legally authorized to  work in this country are not covered by the workers’ comp program

Dempsey expects robust debate but nothing like the debate on changing employment discrimination laws.

 AUDIO: Dempsey/Mayer 16:36

Spend Down discussion continues between DSS, stakeholders

The Department of Social Services will continue meeting with those connected Medicaid in Missouri to discuss how the spend down provision of that program is applied.

Director of the Department of Social Services' Family Services Division Alyson Campbell conducted a recent meeting with Medicaid stakeholders to discuss how the spend down is applied.

Family Support Division Director Alyson Campbell says it was discovered that some of the Division’s staff were allowing costs paid by Medicare or private insurance to count toward patients’ spend down amounts, which by federal guidelines is incorrect. When it began those staff members, individually, to amend that practice, the patients they worked with were impacted.

Division staff have held one meeting with providers and other stakeholders to discuss the situation. Campbell says the goal is to help people understand how the spend down must be applied and to look for other ways patients’ needs can be met within that structure.

She says the greatest impact regards the use of what she calls “wraparound services,” including transportation and homecare. “People are receiving those services today, and with the changes, or with the correction of the policy that we’re trying to implement, it’s possible that those services…they would not qualify for those services because the Medicaid coverage wouldn’t kick in as early in the month as it did previously.”

Campbell says right now the discussion is centered on what other options are available within federal guidelines.

The Division will host another meeting from 10:00 a.m. until noon January 5 in Room 400 of the Harry S. Truman Building in Jefferson City.

DHSS Director: post-Syncare, Medicaid assessments now caught up

The situation that was left behind when an Indianapolis-based company’s contract to handle Medicaid needs assessments for the state was terminated was called by some a “crisis.” The Director of the Department of Health and Senior Services says that crisis is now over.

Margaret Donnelly says since September 2 when DHSS began handling those assessments it has acted on over 13,150 individual cases, and with faster service and shorter wait times than Syncare. She says that includes all the cases that were part of the so-called “backlog” left by that company.

Department of Health and Senior Services Director Margaret Donnelly

The Department continues to handle all new cases that have come in for assessment, re-assessment and care plan changes. She puts that at over 200 cases every day.

Donnelly says it is costing less for DHSS to handle those assessments than it would have to have operated under the Syncare contract. She wants to see the Department continue in the role through the end of the fiscal year.

Getting the state’s money back

In October DHSS referred the matter to the Attorney General’s Office. Since then, Donnelly says the state has recovered all of a $670,000 performance bond. The Attorney General’s office is still working to recover money from Syncare, who she says was paid a little over $1 million on a $5.5 million contract.

Donnelly says assessment of the Department’s performance is ongoing. “We are continuing to meet regularly and frequently with the stakeholders including the provider groups and advocates and legislators to discuss how services should be provided over the long term.” She says the chief concern for providers has been that clients needs are met in a timely, efficient manner. “And of course, all of us have the goal of making sure that is done in the most cost-effective way.”

The Department is also looking at other states that have systems in which providers take an active role in care plan development after assessments are completed. “It will take a while for us to develop the technology in that system, but we are in active discussions with the providers about increasing that role.”

What has changed since September

Donnelly is glad the situation has developed as it has. “I’m just really happy that we were able to get staff hired on a very tight timeline and get people the services that they need.” To those who experienced delays while Syncare was under contract, and after, she says, “I am very happy that the staff has come forward and we have had people just working long hours to be sure that we get the situation where it is today, which is that we are now moving forward with all new assessments and care plan changes being handled in a timely way, and that the cases which came to us from Syncare have all had action taken upon them.”

Lieutenant Governor Peter Kinder in October called on the Nixon Administration to allow the state’s healthcare providers to conduct assessments to clear the backlog left by Syncare as quickly as possible.

In response to Director Donnelly’s update on the situation, his office released this statement:

“Missouri law dictates these in-home healthcare assessments are to be completed within two weeks from when they are requested, yet it’s taken DHSS more than three months merely to get caught up with the backlog. In the meantime, how many new cases have been set aside? How many seniors and disabled Missourians have been denied assessments while DHSS has slowly whittled away at this backlog that shouldn’t have existed in the first place? What assurances do we have that DHSS will be able to prevent future backlogs?

“I will continue to work closely with seniors, senior advocates and in-home healthcare providers to make sure these assessments are being done on a timely basis and that those who need care and qualify for care are getting it. The Legislature also will address this through legislation in the coming session, and I will work with lawmakers, as well, to make sure we come up with a solution to keep this travesty from occurring again.”

Law makers question actions of Insurance Dept. (AUDIO)

House Committee on Budget Transparency questions Dept. of Insurance Director John Huff.

Several state lawmakers are unhappy with the way the Department of Insurance is handling the beginning stages of a state insurance exchange.

The Department of Insurance Director John Huff says he’s ready to work with the legislature on deciding if Missouri wants a state-run health insurance exchange, instead of one run by the federal government under the new health care law. But Senator Kurt Schaefer says he doesn’t think that’s true. Schaefer says Huff is taking instructions from someone much higher up, in order to keep this process away from legislative debate. Schaefer says he knows Huff is working with Nixon to keep this process in the dark.

Schaefer says if the process of applying for grants to look into how this exchange should run is kept from legislators, it takes the accountability out of the process.  He also says this is potentially a billion dollar undertaking for the state, and should be debated by those who set the budget. He tells Huff to take that message to whoever is in charge.

The House Committee on Budget Transparency Chair Ryan Silvey says the Department’s State Insurance pool has applied for a grant to start the process, when it should be done by a department that answers to the legislature. Silvey says the Department should reject the grant, and reapply for it through a department that is accountable to the legislature.

AUDIO Allison Blood reports. Mp3 [1:02]

Social services director explains handling of Medicaid ‘spend down’ issue (AUDIO)

The House Appropriations Committee on Health, Mental Health and Social Services has heard testimony about the Department of Social Services‘ handling of the so-called “spend down,” and what change, if any, has occurred in how it is administered.

The spend down was created for Missourians with a disability or aged 65 or older whose income exceeds the limits of Medicaid eligibility. Those persons can qualify for Medicaid if they incur medical bills that exceed the difference between their net income and the eligibility limit. The amount that exceeds that limit is called the “spend down” amount.

Participants must meet the spend down monthly. One of the ways that is done is by having medical expenses that are not covered by a third party, such as Medicare or private insurance. At issue is that some providers have been allowing expenses that were covered by Medicaid or private insurance, which the Department says goes against the Federal policy for the plan.

Family Support Division Directory Alyson Campbell says the Department began correcting that practice. Providers who were allowing ineligible expenses were approached on an individual basis and told to follow Federal policy.

As those providers changed their practices, the recipients they dealt with had to stop using other supplemental services, like transportation to get to appointments and procedures.

Acting Director Brian Kincaid told the Committee the Department’s policy regarding the spend down has not changed. Rather, he says some of the Department’s workers were applying the program incorrectly.

The Committee also heard testimony from a man who says his mother was dealing with a provider who was asked to stop accepting some bills being covered by Medicare, toward the spend down. Michael Oliver’s mother has used a wheelchair since her leg was amputated and depends on dialysis. He says until the policy changed with her provider, she was transported to dialysis by a van with a wheelchair lift paid for by Medicaid. Now, he says she may have to move to a facility to receive treatment and be separated from her husband. He says going to such a facility or using other transportation sources will cost more than she makes in a month.

Kincaid says no more changes in application will be taking place for the time being. “Because of the confusion and the anxiety around the issue of…that’s what we tried to clarify earlier in the month by having our workers continue to do…however they were doing spindown, continue to do that so we keep an even keel.”

The Division is preparing to assemble a committee to try and explain the issue. Campbell says they will, “walk through what is ‘spend down,’ and to make sure that everyone understand that we are attempting to, and it’s our responsibility to follow the Federal law. So we want to have discussion with the people that will be impacted by this so that we can all get on the same page.” A meeting has been scheduled for December 14.

Campbell says an administrative rule will also be filed. “In my review of the situation, it’s very apparent that we need to be more specific in the regulation that governs the spend down program for Missouri. By doing that, we can also make sure that our policy is in line with the regulation in the federal law.’

Kincaid says providers, patients and patient advocates need to contact the Department with any issues.

The Committee has asked to have a representative present when that committee meets.

AUDIO:  Hear the testimony of Acting Director of the Department of Social Services, Brian Kincaid and Family Services Division Director Alyson Campbell before the House Appropriations Committee on Health, Mental Health and Social Services – 49:09