Radar on Medicare Advantage
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As MAOs Consider Benefit Cuts, Risk-Bearing Providers Should Take Heed
As Medicare Advantage and Part D sponsors prepare their bids for 2025 amid revenue challenges, benefit cuts and other changes that plans are contemplating to maintain margins will undoubtedly trickle down to Accountable Care Organizations (ACOs) and other entities that take risk in MA. As a result, risk-bearing providers should be asking tough questions of their plan partners and conducting internal analyses to understand where their revenue stands to be impacted, according to value-based care experts.
From the transition to v28 — the new version of the Part C CMS-Hierarchical Condition Categories (HCC) model that will make it harder for plans and providers to apply more codes for risk adjustment — to increased inpatient utilization, a -0.16% drop in MA plans’ base pay and other changes, risk-bearing providers are bracing for a “perfect storm” of events in MA that will require preparation, said Zach Davis, a Wakely actuary who helps ACOs manage insurance risk, during a LinkedIn Live session recorded on April 24.
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JNJ, BMS’s IRA Loss Is First Time Court Rejects Industry’s First Amendment, Takings Claims
Janssen Pharmaceutical Cos. and Bristol Myers Squibb Co. failed to convince a district court judge that the Inflation Reduction Act’s drug price negotiation program violates the drug industry’s First Amendment rights, the Takings Clause of the Fifth Amendment or the Unconstitutional Conditions Doctrine, per a summary judgement issued in favor of the government 29 April.
The opinion from Judge Zahid Quaraishi of the United States District Court in the District of New Jersey, adds to the list of industry’s legal arguments that have failed to successfully challenge the law. BMS already has appealed the judgement.
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SFHP Leverages Local Connections, In-House Capabilities to Launch D-SNP
To prepare for new integrated care requirements for dual eligible Californians, San Francisco Health Plan (SFHP) and other Medi-Cal plans are in throes of setting up a Medicare Advantage Dual Eligible Special Needs Plan (D-SNP) in their service area, if they haven’t done so already. During the 15th Annual Medicare Market Innovations Forum, held April 8-9 in Orlando, Florida, SFHP’s Diane Sargent discussed the daunting task of building a D-SNP and the tremendous potential to improve care delivery for up to 47,000 dual eligible beneficiaries in the plan’s service area.
As part of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, the state’s Dept. of Health Care Services (DHCS) is implementing new policies to promote integrated care for duals that build on the Coordinated Care Initiative (CCI), the state’s financial alignment demonstration with CMS that included Medicare Medi-Cal Plans (MMPs) serving duals. Under the first phase of CalAIM, which kicked off in January 2023, DHCS launched D-SNPs in the seven CCI counites. Under an exclusively aligned enrollment (EAE) model, duals access their Medicare and Medi-Cal coverage via the same managed care plan. Managed care plans in non-CCI counties that wish to continue serving dual eligibles must launch EAE D-SNPs no later than Jan. 1, 2026.
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News Briefs: OIG Chief Says Agents Are ‘Struggling to Keep Up’ With Medicare, Medicaid Fraud
Testifying before the U.S. House Committee on Energy and Commerce, HHS Inspector General Christi Grimm identified Medicare Advantage risk adjustment and durable medical equipment as two areas at risk for fraud and improper payments. The current MA payment structure, which adjusts payments based on the relative health of beneficiaries, “creates an incentive for managed care plans to make patients appear sicker simply to claim payments to which they are not entitled,” she told representatives during the April 16 hearing. She noted that OIG identified MA overpayments across 33 audits amounting to more than $500 million, an amount that “is likely just the tip of an iceberg.” She said these issues raise questions about the accuracy of the data and whether patients are receiving needed treatment. In addition, OIG’s work looking at Medicaid managed care demonstrates that “states need better, more useful data that would ensure states are not paying for deceased enrollees or paying for an enrollee who has moved to another state,” she said. OIG is “struggling to keep up” with the pace of the growing health care industry and is “declining 300 to 400 viable fraud cases per year because we don’t have the agents to work them,” she added.
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Finalized Broker Pay Cap Appears to Exclude FMOs, But Impact Remains Unclear
Building on a sweeping set of marketing-related provisions that went into effect this year, CMS’s recently finalized 2025 Medicare Advantage and Part D rule put new restraints on agent and broker compensation, among other things. The provisions advance the Biden administration’s ongoing efforts to shield consumers from misleading marketing, but with more of a focus on activities performed by independent agents and brokers rather than the broader third-party marketing organization (TPMO) industry that was targeted in previous rulemaking. Industry experts tell AIS Health, a division of MMIT, that the finalized provisions are still open to interpretation when it comes to the role of one type of TPMO — field marketing organizations (FMO) — which often conduct lead generating and advertising on behalf of plans.
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