Federal Regulatory Activity
FDA Commissioner Reviews Agency’s Actions in Fighting Opioid Crisis. The FDA has posted a statement by Commissioner Scott Gottlieb, MD discussing the agency’s efforts to combat the opioid crisis. Commissioner Gottlieb focuses on three areas where the FDA is using its tools and authorities:
– Cutting the rate of new addiction: This includes new steps to rationalize the prescribing of opioids, and the amounts dispensed, to reduce exposure to opioids in the medical setting.
– Enhancing enforcement actions against the marketing and sale of illicit opioids: This includes targeting online sites that enable the illegal sale of opioids and their shipment through the mail.
– Supporting novel product innovation: This includes promoting innovation in new treatments for opioid addiction and advancing the development of non-addictive treatments for pain.
CDC Releases Data on Health Insurance Coverage. The CDC’s National Center for Health Statistics has released a report presenting data from the first quarter of the 2018 National Health Interview Survey (NHIS).
The report indicates that an estimated 28.3 million persons (8.8 percent of the U.S. population) were uninsured at the time the NHIS interviews were conducted in the first three months of 2018. By comparison, 48.6 million persons (16 percent of the U.S. population) were uninsured in 2010.
CMS Issues Memo to Medicare Part D Plan Sponsors Announcing Additional Formulary Management Tools. CMS issued a memo to Medicare Part D plans, which cover prescription drugs that beneficiaries pick up at a pharmacy, offering plans new tools and flexibility to expand choices and lower drug prices for patients.
The memo explains that starting in 2020, plans will have new flexibility to tailor their formularies so that different drugs can be included for different indications. A CMS press release can be accessed by clicking here, as well as a fact sheet on the announcement.
CMS Releases New Report on Next Generation Accountable Care Organizations. CMS released a new report showing that Next Generation ACOs generated an average net savings to Medicare of about $62 million during the 2016 performance year (about $11.20 per Medicare beneficiary per month).
June 2018 Medicaid & CHIP Eligibility and Enrollment Report. CMS released the June 2018 monthly report on state Medicaid and CHIP eligibility and enrollment data. The full report is available on Medicaid.gov at https://www.medicaid.gov/medicaid/program-information/medicaid-and-chip-enrollment-data/report-highlights/index.html
South Dakota Requests Waiver. South Dakota requests a new 5-year section 1115 demonstration which seeks require those age 19 to 59 who are enrolled in the parent and other caretaker relatives eligibility group and reside in Minnehaha or Pennington County to participate in the Career Connector program. To comply with the requirement, beneficiaries will need to demonstrate they work at least 80 hours per month or are achieve monthly milestones in their individualized plan. Failure to meet the requirements will result in termination of Medicaid benefits. The state is proposing a number of exemptions. The federal public comment period will be open from August 27, 2018 through September 26, 2018.
Health Policy Institute (HPIO):
HPIO/Policy Focus Focuses on Approaches to Balance the Healthcare Spending Side of the Health Value Equation. HPIO will be hosting a forum on August 23 at Nationwide & Ohio Farm Bureau 4-H Center, 2201 Fred Taylor Dr., Ohio State University. This forum will explore factors that drive high healthcare spending in the U.S. and discuss policy approaches that can impact healthcare spending, with a focus on payment reform, drug prices and investing early in children and prevention.
Health Policy Institute of Ohio. The Health Policy Institute of Ohio has released an addendum to its Private Health Insurance Basics series titled “2017 Update: Current policy issues impacting the individual health insurance market in Ohio.” HPIO released its latest edition of Private Health Insurance Basics as a series of six fact sheets in October 2016. The new fact sheet serves as an update to the original series, giving policymakers and stakeholders the latest information on the most relevant policy issues related to the individual private health insurance market. The fact sheet includes information on:
– Current and expected trends in premium price increases
– ACA marketplace enrollment
– Federal state innovation waivers
Health Policy Institute of Ohio. HPIO’s newly updated healthcare cost and quality data transparency resource page includes federal, state and local-level healthcare cost and quality datasets, tools and reporting, as well as information on organizations setting healthcare quality standards. In 2012, HPIO released its first Health Data Transparency Basics publication which provides an overview of the availability of transparent, accessible health data and discusses how access to information on price and quality impacts consumer choice, quality of care, healthcare spending and health outcomes. Due to growing interest in the topic, HPIO released a second iteration of the publication in 2016, Healthcare Data Transparency Basics, which explores the rationale for healthcare price transparency, the challenges it presents and potential policy approaches at the state level to increase transparency.
Heath Policy Institute of Ohio – Education, Poverty and Health Presentation to House Task Force.
In a presentation before the House Speaker’s Task Force on Education & Poverty, Health Policy Institute of Ohio staff detailed the correlations between health, income and education, recommending that lawmakers and community stakeholders always view the factors as linked. Along with the Department of Health and the Governor’s Office of Workforce Transformation, HPIO has made a handful of health-related recommendations that could improve student outcomes. Among the suggestions are those to incentivize school-based health centers and modify Medicaid rates.
Health Policy Institute of Ohio – Medicaid Basics.
Guide to Evidence-Based Prevention. HPIO has added a new fact sheet to its recently updated Guide to Evidence-Based Prevention. The new evidence summary fact sheet highlights evidence-based prevention strategies to increase food security and access to healthy food in Ohio.
The Guide includes a policy brief, Navigating Sources of Evidence, that defines “evidence-based prevention” and provides guidance on how to find credible sources of evidence for what works to prevent Ohio’s greatest health challenges.
Office of Health Transformation:
OHT/Working Together to Fix Healthcare. Governor John Kasich was a guest on NBC’s Meet the Press where he was talking about the need for both parties in Congress to work together to fix Obamacare. Watch it here
Office of Health Transformation. Governor Kasich penned a piece in the New York Times titled: End the Partisan Warfare on Health Care. The piece is available at: https://mobile.nytimes.com/2017/03/10/opinion/john-kasich-end-the-partisan-warfare-on-health-care.html
Ohio’s expansion fate in the news. The Columbus Dispatch reported on what may lay ahead for Ohio’s Medicaid expansion. In the story, OHT Director Greg Moody reaffirmed the administration’s intent to preserve Medicaid expansion in the upcoming budget proposal. Read more here.
OHT/Physicians Boost Use of Ohio’s Rx Reporting System. Governor John R. Kasich has made use of the Ohio Automated Rx Reporting System (OARRS) by prescribers of controlled substances a priority in the fight to reduce abuse of prescription pain medication. The OARRS website used by Ohio doctors, nurses, dentists and pharmacists allows prescribers to track a patient’s opioid prescription history with the goal of stopping drug abuse before it starts. A recent audit conducted by the Ohio Board of Pharmacy found more than 12,000 physicians to be non-compliant with laws enacted in 2015 requiring the use of OARRS. By partnering with the Ohio Medical Board, all 12,000 physicians were urged to make the necessary corrections immediately. As a result, more than 1,800 new accounts have been created in OARRS and daily use of the system has increased from 83,544 requests to over 96,300 per weekday.
Common Sense Initiative:
Common Sense Initiative/Annual Report. CSI released the 2016 Annual Report of the Common Sense Initiative.
CSI/Business Survey. The Lt. Governor Mary Taylor distributed the following message, which solicits comments and feedback on Ohio’s business and regulatory environment. If interested, I would encourage you to participate in providing feedback. The link and information is below.
Since 2011, Lieutenant Governor Mary Taylor has led Ohio’s Common Sense Initiative (CSI) Office which is intended to promote innovation and common sense regulation of Ohio’s businesses. The Executive Order creating CSI explicitly recognized that Ohio’s business community is a partner in the state’s success, so while regulations play an important role in promoting fair competition and protecting the public, they should do so in a way that also facilitates economic growth and opportunity.
The CSI Office functions as a partnership between the Administration, state agencies, the business community, and the public to develop a regulatory framework that balances the important need for regulation with the equally important need to promote economic opportunity and job creation. It has created a more jobs-friendly regulatory climate in Ohio by independently evaluating the economic impact of state agency regulations on Ohio businesses.
Continued reform and updating of Ohio’s regulations helps Ohio’s economy and job creation by fostering a more business-friendly environment, but we need your help. Below is a link to this year’s CSI business survey. Please take a few minutes to give us your feedback by completing this survey. It should take about 5-7 minutes to complete. Your feedback is important to the success of the CSI Office and will help us identify specific areas where government hinders Ohio’s business community’s ability to create jobs. All responses are anonymous unless you choose to provide your contact information at the end of the survey.
Click the link to start the 2016 CSI Annual Business Survey.
Ohio Department of Medicaid:
Ohio Department of Medicaid and Ohio Department of Mental Health and Addiction Services – Behavioral Health Redesign. The state Behavioral Health Redesign Benefit and Service Development Work Group met to continue to discuss the implementation of the new billing codes, redesign timeline, and trainings. You can find the information discussed during the meeting at: http://bh.medicaid.ohio.gov/Portals/0/Users/008/08/8/20161130-BSD-Workgroup-Meeting-FINAL.pdf?ver=2016-11-30-115047-323
ODM Medical Care Advisory Committee. The ODM Medical Care Advisory Committee received an update from the Department on the new shared living services that will be made available to individuals receiving services on the PASSPORT and MyCare waivers. The Shared Living service will provide a live-in caregiver for PASSPORT recipients who need assistance with self-management and the presence of another person (occasional or continuous) in order to assure their health and safety. The Shared Living service includes personal care, chore, individual living assistance and homemaker tasks appropriate to an individual’s needs. The shared living service also assists individuals with managing the household, handling personal affairs, and self-administration of medications.
Dr. Mary Applegate provided the committee with a presentation on ODM’s Managed Care Quality Strategy as well as a briefing on the managed care plan quality improvement projects. Dr. Applegate informed the committee of the new “Transformational Quality Strategy” that shifts the focus to population health. She also provided an update on a number of the quality improvement project success through the Minds Matter project, the OPQC Progesterone Project, and MOMS project (focused on neonatal abstinence).
Dr. Applegate then went on to discuss ODM’s Medicaid managed care plan quality oversight as well as the quality oversight for the MyCare Ohio demonstration. Also discussed was the transformation of the managed care plans care management system, value-based purchasing efforts, and special needs populations.
Ohio Department of Insurance:
Ohio Department of Insurance – Checklist for College Bound kids.
The Ohio Department of Insurance (ODI) created an insurance checklist to help college students and their parents ensure appropriate financial protections are in place for the upcoming school year.
Taylor Steps Down as ODI Director, Froment Takes Over. Governor Kasich announced that Lieutenant Governor Mary Taylor will step down from her duties as Director of the Ohio Department of Insurance. Replacing Taylor is Jillian Froment who has served as the agency’s deputy director since 2011. Taylor remains Lieutenant Governor for the State of Ohio.
ODI/Form, Rate and Binder Filings Training Webinar. The Ohio Department of Insurance hosted a 2018 Plan Year Major Medical Form, Rate and Binder industry training on March 7, 2017. The power point presentation used in the training is available at:
Joint Medicaid Oversight Committee:
Joint Medicaid Oversight Committee – Behavioral Health Redesign Update. JMOC received an update on the State’s Behavioral Health Redesign project from ODM Director Barbara Sears and OMHAS Director Tracy Plouck. The Directors provided an update on the work to date and highlighted recent policy updates. Those updates include:
– Modifications to allow Qualified Mental Health Specialists with a minimum of 3 years of experience in a relevant field to render MH day treatment;
– Updates to the RN/LPN scopes of practice;
– Reimbursement updates TBS/PSR;
– Training and testing updates.
You can find the presentation at: http://www.jmoc.state.oh.us/meetings.
Joint Medicaid Oversight Committee/2016 Progress Report. The Joint Medicaid Oversight Committee release its 2016 progress report titled, Slowing Ohio’s Medicaid Per Capita Spending. The report states that since the creation of JMOC that year over year per capita Medicaid spending has slowed as well as the per member per member spending has been lower than estimated. Per the report the changes that have been made to the program have saved $1.6 billion across all funds in fiscal years 2015 and 2016 compared to the Executive Budget PMPM estimates.
The report states that a key factor in the savings is the expanded use of managed care as well as increased use of home and community based alternatives. The report:
– acknowledges policies that have increased spending such as provider rate increases, new services and program inflexibility.
– discusses opportunities to lower spending such as behavioral health integration, improved maternal and infant health, and increasing value in health care.
– concludes with a discussion on improving quality through managed care.
– calls for JMOC to increase its attention to managed care quality by increasing its review of current initiatives, progress made, and barriers that impeding better results.
You can find the report at: http://www.jmoc.state.oh.us/reports. JMOC Chairman Burke also issued the following release regarding the report: http://ohiosenate.gov/burke/press/burke-highlights-report-showing-16-billion-in-ohio-medicaid-savings.
Joint Medicaid Oversight Committee. TheJMOC committee reviewed the State Fiscal Years 2018-2019 Biennium Growth Rate Projections report from the committee’s actuary Optumas. Following the presentation, the committee voted to set the FY2013-2019 growth rate at 3.3%. This rate is the midpoint between Optumas’s lower and upper bound rates of growth. You can find the presentation and the Optumas report at: http://www.jmoc.state.oh.us/meetings.