AzPHA Public Health Policy Update- November 2, 2017

ASU’s Executive Fellowship in Health Policy Accepting Applications

ASU’s College of Nursing and Health Innovation has developed a new fellowship program for health professionals interested in policy and advocacy and is taking applications through November 30th. The Executive Fellowship in Health Policy is a one-year cohort-based program, providing health leaders in-depth insights into the public policy world. Fellows will build connections and skills enabling them to lead change within their organizations to advocate for the work that they do and the populations they serve.

Fellows will also learn about health policy directly from the people who shape it. Through in-person immersions, webinar presentations, and online modules, lawmakers and health advocates from around the country will provide an intimate look at the politics and policy changes actively shaping our health systems today. Faculty mentors will guide and support Fellows to further develop their skills as effective health advocates through the creation of a tangible project based on a real-world situation from their organization.

The program has been developed by Faculty Director and Assistant Dean Heather Carter, EdD. Her vision for this new program is to empower health professionals to be more involved in the health policy arena. In addition to her work at ASU, Dr. Carter serves as an Arizona State Representative & Chairwoman of the House Health Committee.

The program is currently accepting applicants through November 30, 2017. Program tuition is $16K for the year, plus travel expenses for two in-person immersions located in Phoenix, AZ and Washington, D.C.

More information about the Fellowship and the application process can be found at efhp.asu.edu, or by contacting the project manager at efhp@asu.edu or 602-496-0414.

 

North Country HealthCare Receives Accreditation for Residency Program

Congrats to North Country HealthCare for achieving final accreditation last week from the Accreditation Council for Graduate Medical Education for their Family Medicine Residency Program.  The new program will improve access to comprehensive, affordable, culturally competent primary care across northern Arizona by increasing the number of practicing primary care physicians for years to come.

The program will engage family medicine residents in rotations throughout North Country HealthCare’s service region of Coconino, Mohave, Navajo and Apache Counties with rural rotations in Tuba City, Polacca and Whiteriver.

This novel residency program will help prepare family medicine physicians for autonomous practice in rural and frontier northern Arizona and will be the only graduate medical education program in the country with a required rotation in Indian Country.

A huge shout out to AzPHA member and NAHEC Executive Director Sean Clendaniel, MPH who’s the brain-child and work-horse behind the effort. Next we need to replicate the model in other areas of rural AZ. 

We all know that we have an acute physician shortage in rural AZ- and rural residency programs are probably the single most effective long-term tool we have to intervene- because where a physician does their residency has a huge impact on where they decide to practice.

 

Open Enrollment for Marketplace is Here through December 15

Open enrollment for the Marketplace insurance plans under the Affordable Care Act started today and runs through December 15.  We’re recommending that folks that are interested in getting their health insurance through the federal Marketplace by going to  coveraz.org/connector first (rather than healthcare.gov) because the assisters and navigators at coveraz.org/connector are more familiar with the AZ products as well as our state’s Medicaid programs.

Make sure everyone who needs coverage knows this: a convenient assister appointment is just clicks away, at coveraz.org/connector or by calling the Coalition’s statewide assistance line at 800-577-3536.

 

CMS Proposes New Rule Letting States Define their Own “Essential Health Benefits”

Late last Friday the Centers for Medicare and Medicaid Services released a proposed rule that would allow states to define the minimum essential health benefits that health insurers selling plans on the Affordable Care Act exchanges are required to offer. 

The proposed rule would give states greater latitude in choosing which benefits insurers must cover.  Perhaps most significantly, it would allow states to choose a benchmark plan from wider pool of existing plans including health plans from other states. Each state’s “benchmark plan” defines what essential benefits other Marketplace plans must cover. Right now, Governors choose each state’s benchmark plan from a list of existing state plans in various categories.  Governors Brewer & Ducey each chose the State of Arizona EPO Employee Health Plan as Arizona’s benchmark.

CMS’ stated goal is to give states more flexibility that could potentially lead to more affordable health plan options in 2019. They concede the changes some states will make will result in less comprehensive plans and dropped services.

The ACA requires health plans on the individual and small group markets to cover 10 minimum essential health benefits including emergency services, hospitalization, prescription drug coverage, maternity care and care for mental health and substance abuse disorders.  What this new proposal essentially does is allow states to weaken (but not eliminate) the 10 essential services. The proposal bars states from making their essential health benefits more generous than they are currently.

For example, if the new rule is implemented, states could choose an employer plan with 5,000 enrollees that excludes inpatient mental health services or coverage for HIV or AIDS as their benchmark- and that plan would be considered OK.

The proposed rule is almost 400 pages long.  AzPHA is planning to work with other stakeholders in Arizona and coordinate comments to CMS on their proposed rule.

 

House Vote this Week Would Cut the Prevention & Public Health Fund

This week the U.S. House will be voting on a bill that will cut critical funding from the Prevention and Public Health Fund to offset the cost of funding community health centers and other important health programs that have expired.

Established in 2010 as the nation’s first funding stream dedicated to improving public health, the Fund invests over $9 million per year to protect Arizona from disease outbreaks and to reduce downstream health care costs.  We wrote a report that examines the Fund’s investments in Arizona, which include immunizations, smoking cessation, diabetes prevention, opioid treatment, and more.

While AzPHA supports reauthorizing funding for community health centers and the National Health Service Corps, we don’t support doing it at the expense of the prevention fund and the important public health programs that already depend on this funding.

Take the time to contact your representative and tell them to oppose the CHAMPION Act and any future effort to undermine the integrity of the Prevention and Public Health Fund!

 

HHS Acting Secretary Declares Opioid Epidemic a Public Health Emergency

Last week the Acting Secretary for HHS declared that the national opioid epidemic is a Public Health Emergency under Section 319 of the Public Health Service Act. Here’s the Secretary’s one sentence declaration.

Section 319 authorizes the HHS Secretary to lead federal public health and medical response to public health emergencies, determine that a public health emergency exists, and assist states in their response activities.

The Secretary’s declaration was only one sentence long- so there’s not much detail about what they might do, but among the things that HHS could do are: 1) waive or modify certain requirements under Medicare, Medicaid and HIPAA; 2) waive certain prescription and dispensing requirements; and 3) adjust Medicare reimbursement for certain Part B drugs.

The most meaningful things that they could do include;

  • Removing the Medicaid Institutions for Mental Diseases (IMD) exclusion to allow facilities to receive reimbursement for substance abuse treatment (the IMD exclusion prohibits the use of Medicaid financing for care provided to most patients in residential treatment facilities larger than 16 beds);

  • Allowing Medicaid to pay for substance abuse treatment in correctional facilities; and

  • Allowing physicians to treat more patients with Suboxone.

Right now we don’t know which if any of these things HHS will choose to do because they haven’t disclosed their plans and the one sentence emergency declaration provides no detail.

AzPHA Public Health Policy Update – October 24, 2017

Health Profession Sunrise Applications to be Heard November 28

Whenever health related professions ask to be regulated or want to expand their scope of practice a state law (A.R.S. § 32-3103) says that the regulation needs to be done only to protect the public interest.  Here are the standards that define “public interest”:

  • If the unregulated practice harms or endangers the public, health safety or welfare and the potential for harm is easily recognizable and not remote or dependent on tenuous agreement;
  • If the public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
  • If the public can’t be effectively protected by other means in a more cost beneficial manner.

Applicants that want to go through the process need to submit a report to the state legislature explaining the factors demonstrating that their request meets these standards. A “Committee of Reference” studies the sunrise applications and delivers its recommendations to House and Senate leadership. 

This year there are 3 applications in the hopper and they’ll be heard on Tuesday, November 28 starting at 9 am in one of the rooms over at the legislature (I don’t know where yet).  I’ve included links below to the 3 sunrise applications for this year.

In a nutshell the Community Health Worker application asks for a pathway to set up a process for voluntary registration of CHWs; the Naturopath application would like permission for them to sign medical waivers from the state’s school vaccination requirements; and the Dental Therapist application asks for authorization from the legislature to license a new class of dental professionals.

We’re for sure in favor of the CHW application.  We’re going to dig a little deeper before making a decision about the other two.  We’re in the process of setting up a Policy Committee call next week to discuss the Naturopath and Dental Therapist applications.

 

Huge Hearing this Week in State Supreme Court

There’s a super-important hearing this Thursday in the State Supreme Court.  The outcome of the Biggs v. Betlach case will decide whether thousands and thousands of current Arizona Medicaid members (childless adults) will lose their AHCCCS eligibility and possibly causing a cascade of events jeopardizing coverage for the Medicaid expansion population (FPL of between 100 – 138%).

Oral Arguments on the Biggs v. Betlach case are Thursday, October 26 starting at 9 am at the Arizona Supreme Court at 1501 West Washington in Phoenix (Case CV-17-0130-PR).  In a nutshell- the case is about whether the hospital assessment that’s used to fund the state match for “childless adults” enrolled in AHCCCS is a fee or a tax.

When Arizona expanded our Medicaid program (AHCCCS) to cover people up to 138% of poverty we used a provision in the ACA that allows states to expand coverage with the federal government absorbing all the cost at first.

To qualify, AZ had to first restore coverage for “childless adults” that have income below the federal poverty level (a group that lost AHCCCS coverage during the recession).  AZ paid for covering the childless adults with an assessment (fee) on hospitals set by AHCCCS (right now it’s about $264M).

The bill that authorized the hospital assessment barely passed with just over 50% of the House and Senate.  Many of the lawmakers that voted “no” (and the Goldwater Institute) believe that the assessment is not a fee, but a tax, and requires a supermajority of 2/3 of each chamber in order to pass (a voter initiative requires laws that raise taxes to have a supermajority).

If the Court agrees with the Plaintiffs that the assessment is a tax and not a fee, AHCCCS wouldn’t be able to collect the $264M hospital assessment and there won’t be enough money to fund the childless adults…  which could also jeopardize our coverage for the expansion population (people between 100 – 138% of the federal poverty level). 

Unless the legislature were to vote by a 2/3 majority to fund the program, the only path to keeping the coverage would be via a voter initiative- which just got a lot harder with the passage and signing of HB 2404 (preventing signature gatherers from getting paid by the signature) and HB2244 (changing the citizen’s initiative compliance standard from “substantial compliance” to “strict compliance”).

 

Leaders Across Borders Applications Due 11/10/17

The U.S.-Mexico Border Health Commission was is currently seeking candidates for the 2018 Leaders across Borders Program.   Leaders across Borders (LaB) is an advanced leadership development program funded by the U.S.-Mexico Border Health Commission aimed at building the binational leadership capacity of public health, health care, and other community professionals working to improve the health of communities in the U.S.-México border region. 

This program is intended for public health, health care, and other community-sector leaders who meet the following requirements:

  • Are proficient in English and Spanish with an understanding of both languages, translation will not be provided at in-person learning event;
  • Have at least five years’ experience working in the U.S.-México border region;
  • Committed to working with vulnerable populations and promoting health equity, eliminating health disparities, and increasing quality of life within the U.S.-México border region; and
  • Seeking to enhance their leadership and health diplomacy skills, professional networks, and understanding of binational public health assets, challenges, and systems as a means to identify solutions

U.S. candidates must me formally nominated by their employers or professional organizations.  The nomination process is quick and easy and can be found on the U.S.-Mexico Border Health Commission website.

Please note that November 10, 2017 is the application deadline.

 

Community Health Center and Nat’l Health Service Corps Funding Hanging

Representatives Stefanik (R-NY) and Tsongas (D-MA) are leading bi-partisan Health Center effort seeking action to extend Health Center and National Health Service Corps funding and fix the cliff by passing the “CHIME Act” ( S. 1899 in the Senate and HR 3770 in the House). The CHIME Act lays out a five-year extension to Health Center funding to fix the Health Center and National Health Service Corps funding cliff without cutting the Prevention and Public Health Fund (like the Champion Act does).

You can Send your Members of Congress a message through the Health Center Advocacy Network asking them to co-sponsor the CHIME Act – click here to send your message and call your Representative using the toll-free Advocacy Hotline 1-866-456-3949 and ask that they co-sign the Stefanik-Tsongas Health Center Cliff Letter addressed to House Leadership asking for immediate action to fix the cliff.

 

Kids Care Extension Update

The US House of Representatives is in a holding pattern and is delaying consideration of a bill to extend funding for the Children’s Health Insurance Program (called Kids Care in Arizona). The hope is to reach a bipartisan agreement on paying for KidsCare- probably in November. 

The main drama isn’t whether to extend CHIP (KidsCare), it’s how to pay for it.  There are some that want to reduce the Prevention and Public Health Fund as an offset (which we oppose).

Word on the street is that AHCCCS still has funding for a few more weeks to keep KidsCare going, so it’s not an emergency to get the federal funding on board again- but we’re running out of time for sure.  We’ll keep tracking this.

 

Community Health Center Funding Breakthrough?

There’s growing bipartisan support for a Health Center Funding Cliff Fix called the “CHIME Act” ( S. 1899 in the Senate and H.R. 3770 in the House). The Bill also addresses reauthorization of funding for the National Health Service Corps and Teaching Health Center Graduate Medical Education.

Community health centers rely on a combination of Medicaid payments and “330” grant revenues to keep their doors open. Because they also serve persons without any health insurance (on a sliding fee scale), they can’t rely solely on insurance claims to keep the doors open- which is why the 330 grant funding is so critical.

This new Bill (the CHIME Act) is better than the previously introduced called the CHAMPION Act– because the CHAMPION Act would have cut the Prevention & Public Health Fund by 57% (a cut of $6.35B over the next 10 years). 

You can express your opinion to your Representative and Senators by sending your Members of Congress a message

Family Planning Lost Traction this Week

Contraception and family planning are among the most significant public health interventions of all time- and among the top of the list when it comes to return on investment.

Family planning and contraception are key to reducing teen pregnancies and inter-generational poverty.  It’s no secret that poverty is a key driver for a host of poor health outcomes.  Family planning is also a high return on investment intervention for improving preconception health because it allows women to make more deliberate decisions about the spacing of babies- which improves the health status of mom and baby.  Family planning is also good for businesses, because it allows employees to plan their families in a way that improves their work-life balance, improving attendance and retention.

The Affordable Care Act initially required that health insurance plans cover no-cost contraception services, a big win for public health. A couple of years ago the US Supreme Court ruled that family owned and other closely held companies can opt out of these ACA’s provisions.  The owners of the Hobby Lobby had objected on the grounds of religious freedom.

This week things slipped further, when Attorney General Sessions expanded the religious exemption for employers who object to providing insurance coverage for birth control because of their religious or moral beliefs.  His “religious liberty directive” instructs federal agencies to do as much as possible to accommodate those who claim their religious freedoms are being violated, effectively lifting a burden from religious objectors to prove that their beliefs about marriage or other topics that affect various actions are sincerely held.

Here’s the Attorney General’s guidance and his implementing memo

AZ State Agency Budget Request Summary

Each Fall state agencies turn in requests for changes in their funding to the Governor’s Office for consideration in his or her proposed budget.  These requests are then evaluated by the executive branch and synthesized into a final budget proposal from the Governor, which is usually released in mid-January.

Here’s an abbreviated snapshot of what ADHS, AHCCCS and ADES turned in this year:

AHCCCS

  • AHCCCS is estimating an average Capitation Rate increase of 3.1% across all lines of business.  They turned in cap rate increases for special populations of 12% for Children’s Rehabilitative Services, 9.6% for behavioral health and a 3.5% decrease for the Comprehensive Medical and Dental Program (a state program for providing quality care for kids in the foster care system); 
  • This request would add $72M from the state General Fund to cover costs for enrollment growth, capitation rate increases and state-federal match rate changes;
  • Maintaining current state funds dedicated to the state’s behavioral health Crisis System ($14M) non-Title XIX services for persons with a serious mental illness ($78.8M) & $5.3M for Supported Housing; and
  • They’re asking that behavioral health costs be blended into the acute care and ALTCS (long term care) line items.

Arizona Department of Health Services

  • ADHS is requesting $500K to continue funding for response to public health emergencies;
  • Seeking $750K to maintain minimum standards for health care licensure staff and responses to growing demand for services because of the growth and workload in licensing; and
  • Requesting funds to respond to new responsibilities to oversee the AZ Radiation Regulatory Agency with a 1-time request for $500K for proper handling and disposal of radioactive materials.

Arizona Department of Economic Security

  • Seeking $3.9M to respond to ongoing Adult Protective Services caseload growth;
  • Adding $10M to accommodate a 2% capitation increase & accommodate a caseload increase of 4.9% for persons with Developmental Disabilities in the Arizona Long Term Care System (ALTCS);
  • Addressing DDD structural shortfall by adding $6.4M to cover Long Term Care services for non-XIX services of room & board;
  • Requesting $3.3M for targeted case management services for the state-only DDD clients; and
  • Responding to mandates imposed by Prop 206 on the minimum wage by adding for DDD $11.6M to assure network sufficiency.

Family Planning Services Lose Traction

Contraception and family planning are among the most significant public health interventions of all time- and among the top of the list when it comes to return on investment.

Family planning and contraception are key to reducing teen pregnancies and inter-generational poverty.  It’s no secret that poverty is a key driver for a host of poor health outcomes.  Family planning is also a high return on investment intervention for improving preconception health because it allows women to make more deliberate decisions about the spacing of babies- which improves the health status of mom and baby.  Family planning is also good for businesses, because it allows employees to plan their families in a way that improves their work-life balance, improving attendance and retention.

The Affordable Care Act initially required that health insurance plans cover no-cost contraception services, a big win for public health. A couple of years ago the US Supreme Court ruled that family owned and other closely held companies can opt out of these ACA’s provisions.  The owners of the Hobby Lobby had objected on the grounds of religious freedom.

This week things slipped further, when Attorney General Sessions expanded the religious exemption for employers who object to providing insurance coverage for birth control because of their religious or moral beliefs.  His “religious liberty directive” instructs federal agencies to do as much as possible to accommodate those who claim their religious freedoms are being violated, effectively lifting a burden from religious objectors to prove that their beliefs about marriage or other topics that affect various actions are sincerely held.

Here’s the Attorney General’s guidance and his implementing memo

Prevention & Public Health Fund Back on Chopping Block

Just when we thought the Prevention and Public Health Fund (PPHF) was going to be OK because of the downfall of the ACA repeal efforts, along comes the “Champions Act” which would cut this important public health fund by 57%.

The “Community Health & Medical Professionals Improve Our Nation Act” of 2017, or CHAMPION Act, would do some good things like support “330” grant funding for Community Health Centers, continue to fund the National Health Service Corps and Teaching Health Center Graduate Medical Education. 

But, the legislation pays for the extension by cutting the Prevention & Public Health Fund by 57% (a cut of $6.35B over the next 10 years). 

The ACA established the Fund to establish a framework for prevention, wellness, and public health initiatives to reduce long-term health costs. It focuses on preventing expensive chronic medical conditions by providing expanded and sustained national investment in public health programs that improve health and restrain the rate of growth in health care costs.

This investment in public health infrastructure is evidence-based. Research suggests that funding for community-based public health has a 5.6 to 1 return on investment. In other words, every dollar invested in evidence-based prevention programs results in a $5.6 in savings in overall health care costs.

Arizona state and county public health programs have received more than $52.6M via the Fund since 2010. This $9.3 million annual investment is at work in Arizona, providing critical resources that support evidence-based, community prevention activities tailored to meet community health needs and preferences. Evidence-based investments in Arizona include:

  • Building immunization services to prevent serious infectious disease outbreaks;

  • Prescription painkiller (opioid) and heroin use prevention;

  • Health security funds for bioterrorism, disease outbreaks, and disasters;

  • Promoting better detection and response to disease threats;

  • Lead poisoning prevention;

  • Reducing tobacco use; and

  • Reducing diabetes, heart disease, and obesity.

Here’s a report we wrote with the Vitalyst Health Foundation that details the public health programming that’s at risk again.

We’ll continue to track this bill and issue an Action Alert when the time is right.

KidsCare in Limbo

Funding for KidsCare (CHIP) expired last week.  This program (run by AHCCCS) currently covers about 23,000 kids with a pretty good set of benefits and reasonable premiums.  It’s only available for kids in families that don’t qualify for regular Medicaid and who live in a family that makes under 200% of poverty.

Even though the program hasn’t been reauthorized by the October 1 deadline, most states have reserved enough funding for the next three months. AHCCCS apparently has funding to continue the for a few weeks past the October 1 expiration date.

There is light on the horizon. The Senate Finance Committee introduced a CHIP funding proposal (Hatch/ Wyden) that would extend funding to states through FY 2022 but gradually reduce federal contributions. 

Enough matching funds would remain for Arizona to keep the program as-is through FY 2019 but after that our KidsCare program could be at risk because the federal contribution will be less than what’s currently wired into state law for funding AZ’s share of the program. 

But, that’s something that could be changed in either the 2018 or 2019 AZ Legislative Sessions.

 

State Supremes to Hear Challenge to Medicaid Expansion October 26

When Arizona expanded our Medicaid program (AHCCCS) to cover people up to 138% of poverty we used a provision in the ACA that allows states to expand coverage with the federal government absorbing all the cost at first.

But that meant we had to first cover all “childless adults” below the federal poverty level- a group that lost AHCCCS coverage during the recession.  We paid for covering the childless adults with an assessment (fee) on hospitals (right now it’s about $264M).

AHCCCS set the assessments using a formula that made sure each hospital chain would be OK with the assessment because their fee would be lower than what they stood to gain by the reduction in uncompensated care.

The bill that authorized the assessment and Medicaid expansion barely passed with just over 50% of the House and Senate.  Many of the lawmakers that voted “no” believe that the bill should have required a supermajority because of a voter approved initiative that requires tax increases to pass by 2/3 of each chamber.

The Executive Branch believes that the assessment is not a tax, but a fee set by an agency director.  That’s the crux of the Biggs v. Betlach suit that challenges our Medicaid expansion.

The Goldwater Institute filed new documents this week with the Arizona Supreme Court, who will ultimately decide if the assessment is a fee or a tax. 

If the Court ultimately agrees with the Plaintiffs, AHCCCS wouldn’t be able to collect $264M hospitals pay and there won’t be enough money to fund the childless adults or the expanded coverage.  Unless the legislature were to vote by a 2/3 majority to fund the program, the only path to keeping the coverage would be via a voter initiative- which just got a lot harder to do with the passage of HB 2404 (preventing signature gatherers from getting paid by the signature) and HB2244 (changing the citizen’s initiative compliance standard from “substantial compliance” to “strict compliance”).

There will be Oral Arguments on the Biggs v. Betlach case on Thursday, October 26 starting at 9 am at the Arizona Supreme Court (Case CV-17-0130-PR).

ADHS EMS Bureau Scores Opioid Intervention Grant

ADHS’ Bureau ofEmergency Medical Services and Trauma System has been awarded $3.1 million by the Substance Abuseand Mental Health Services Administration for development of a comprehensive first responder opioid/naloxone program in partnership with the University of Arizona and the Arizona Peace Officer Standards and Trainingboard. Naloxone is a medication that can counteract an opioid overdose.

This joint initiative will implement a statewide naloxone delivery system to provideaccess to naloxone for first responders, an acute opioid overdose recognitionand naloxone administration training program for first responders, and addressa targeted first responder opioid screening, brief intervention, and referralto treatment curriculum to instruct first responders how to recognize actual orpotential opioid-related substance abuse and to provide appropriateinterventions and referrals to care.

Adult AHCCCS Members now have Access to Emergency Dental Services!

The budget approved by the Legislature last session provided the funding for AHCCCS to cover emergency dental services for all adult members (over 21) up to $1,000 per year beginning October 1. AHCCCS turned in a plan to the Centers for Medicare and Medicaid fortheir approval a few weeks ago.

The next public health question is “what is the definition of Emergency Dental Services” so folks can know what’s covered. 

AHCCCS posted proposed language that defines what will be covered awhile back (the comment period ended September 21).  In it, they proposed covering dental servicesfor: “…an acute disorder of oral healthresulting in severe pain and or infection as a result of pathology or trauma.”

The proposed language is posted at 310-D1 – Dental Services for Members21 Years of Age and Older and also clarifies what kinds of procedures meet the criteriafor treating an “acute disorder of oral health resulting in severe pain and orinfection as a result of pathology or trauma”. 

I couldn’t tell whether this is going to be the final definition and list ofprocedures or not that will shortly become covered.  I’ll keep my eye out for that.

Children up to age 21 enrolled in AHCCCS have had (and continue to have) access to comprehensive and even preventative oral health coverage under the program.