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Deloitte Center for Health Solutions August 20, 2012 Monday memo Health reform update This week’s headlines: My take Implementation update Physician-owned hospital restrictions in ACA upheld in Texas court challenge Study: 65% of hospitals could face penalties for avoidable readmissions Community-based Care Transition awards Cohen to head CCIIO, succeeds Larsen House Republicans request information about CDC Prevention Fund Grants HHS announces collaboration with retail pharmacies to educate Medicare beneficiaries about ACA free services Report: being “old” ain’t what it used to be Legislative update FTC has no plans to challenge the Generic Pharmaceutical Association’s Accelerated Recovery Initiative Major government agencies focused on mental health State update Medicaid system modernization still required if state does not expand enrollment CCIIO issues “blueprint” for state health exchanges, reinforces federal flexibility Politico: governors’ races will impact ACA implementation Industry update Consumer advocates encourage HHS to standardize insurance plan eligibility, rate setting and enrollments to align with ACA Study: hospitals not inclined to pursue ACOs GAO: health risks of mobile devices needs attention Quotable Fact file Fact file special: Mental Health Subscribe to the Health Care Reform Memo Deloitte Center for Health Solutions research Upcoming life sciences and health care Dbriefs webcasts Deloitte contacts My take From Paul Keckley, Executive Director, Deloitte Center for Health Solutions When Harvey Ball introduced the smiley face in 1963, little did he know how aptly it would characterize our insatiable pursuit of happiness. “Happy Meals” followed in 1979, permanently etching happiness in the U.S. persona along with all manner of songs, self-help books, and music. I don’t know what the Declaration framers had in mind in declaring “the pursuit of happiness” as an inalienable right” but it’s clearly top of mind in our society.

August 20, 2012 Monday memo Health reform update · 8/20/2012 · When Harvey Ball introduced the smiley face in 1963, ... Historian Peter Stearns has observed that in 18th and 19th

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Deloitte Center for Health Solutions

August 20, 2012

Monday memo

Health reform update

This week’s headlines: My take Implementation update

─ Physician-owned hospital restrictions in ACA upheld in Texas court challenge ─ Study: 65% of hospitals could face penalties for avoidable readmissions ─ Community-based Care Transition awards ─ Cohen to head CCIIO, succeeds Larsen ─ House Republicans request information about CDC Prevention Fund Grants ─ HHS announces collaboration with retail pharmacies to educate Medicare beneficiaries about

ACA free services ─ Report: being “old” ain’t what it used to be

Legislative update ─ FTC has no plans to challenge the Generic Pharmaceutical Association’s Accelerated

Recovery Initiative ─ Major government agencies focused on mental health

State update – Medicaid system modernization still required if state does not expand enrollment – CCIIO issues “blueprint” for state health exchanges, reinforces federal flexibility – Politico: governors’ races will impact ACA implementation

Industry update ─ Consumer advocates encourage HHS to standardize insurance plan eligibility, rate setting

and enrollments to align with ACA ─ Study: hospitals not inclined to pursue ACOs ─ GAO: health risks of mobile devices needs attention

Quotable

Fact file

Fact file special: Mental Health

Subscribe to the Health Care Reform Memo

Deloitte Center for Health Solutions research

Upcoming life sciences and health care Dbriefs webcasts

Deloitte contacts

My take

From Paul Keckley, Executive Director, Deloitte Center for Health Solutions

When Harvey Ball introduced the smiley face in 1963, little did he know how aptly it would characterize

our insatiable pursuit of happiness. “Happy Meals” followed in 1979, permanently etching happiness in

the U.S. persona along with all manner of songs, self-help books, and music.

I don’t know what the Declaration framers had in mind in declaring “the pursuit of happiness” as an

inalienable right” but it’s clearly top of mind in our society.

Historian Peter Stearns has observed that in 18th and 19th century America, the quest for happiness

was subdued.1 In 1893, the Hill sisters, Patty and Mildred, penned “Good Morning to All”—which would

eventually turn into “Happy Birthday to You”—signifying the change. Today, social scientists relate

happiness to work place effectiveness, lasting relationships in the home, and even our politics. It gets

lots of attention as do its opposites—sadness, depression, and in some cases self-destructive

behaviors.

The World Health Organization (WHO) defines health as “a state of complete physical, mental, and

social well-being and not merely the absence of disease or infirmity.” Mental health is a key element.

Albeit, not everyone who is unhappy has a mental health disorder, happiness is a challenge when mood

and anxiety disorders dominate. In the Affordable Care Act (ACA, see table below) mental health is a

central ingredient of “essential health benefits” and “preventive health”—appropriately so. Ten percent of

kids have a serious mental health disorder. Suicide is the third leading cause of death among youth in

our society and stress/mood disorders impact three in ten adults at some point in their lifetime. And all

too frequently, serious mental illness is missed until it’s too late. The movie goers in Aurora and high

school students in Columbine know firsthand.

The fact is each of us struggles from time to time with mental health issues. We all want to be happy.

Stress, anxiety, and sadness seem a way of life for many; self-care is the norm for most as only a few

get professional help. If you’re poor, or unhealthy, or facing uncertainty at work or home, mental health

issues—stress, depression, addictions—are constant companions. And if you’re accomplished but

insecure, or in work or home settings where relationships are strained or appreciation is not felt, the pain

is no less. Not all mental health issues are circumstantial: clinical research has made, and is continuing

to make, amazing strides in identifying signs and symptoms of mental health disorders—just like

physical problems are studied. Having health insurance is no guarantee of being stress free about

health: 23% of seniors enrolled in Medicare do not think they are financially prepared to handle their

health bills and one in five with commercial coverage is confident they can manage a high cost health

event. Interestingly, the most secure and least anxious consumers about health care are those enrolled

in military health and seniors and many among them worry nonetheless.2

Stress, mood, and anxiety problems are widespread in our society. Coping mechanisms are quite

personal—some bury themselves in addictions to work or substances or try to “tough it out.” Some get

support from family or friends. Some seek counsel from school counselors, clergy, and medical

professionals. And some deny there’s a problem. Mental illness is a respecter of no persons. It is

essential to physical health for better outcomes and lower costs. It is highly correlated to a person’s

health status, adherence to treatment recommendations, and productivity.

In the current debate about the future of Medicare, the passion of seniors about the program’s

sustainability is understandable: it is key to their sense of health and happiness. And it’s legitimately a

concern to younger consumers: their anxieties are about the economy they’ll inherit and their prospects

for a happy life. That does not discount its fiscal cliff; it punctuates the need for policymakers and health

providers to innovate solutions and set aside partisan bickering. It means the mental health community

must coalesce around solutions and avoid its tendency to get mired in intramural turf wars—medical vs.

therapeutic models, roles of primary care clinicians and mid-level counselors, and the role of spirituality

in health. And it forces each of us to step back and think differently about what makes us happy and

fulfilled.

Mental health is a big deal. And, like every medical condition, the severity of mental illness ranges

widely—it's complicated stuff. Wellness and healthy living are unattainable for many due to

circumstances they believe are out of their control. It’s time we take a fresh look at mental health and its

relevance to our “pursuit of happiness.” It’s worth the effort. Clearly, it’s a central element in health

reform and in building a sustainable health system for generations to come.

P.S. Stan Nelson, a venerable hospital executive and founder of the Scottsdale Institute, died suddenly

August 3 in Minneapolis. He was 85, but you’d never know it. He was a happy man who made others

happy, offering affirmation when discouraged and challenge to those up to a task. His legacy as CEO of

Parkview, Abbott Northwestern and another health system bore testimony to his capability, but his wide

circle of friends was stronger evidence. His life was celebrated last Sunday, appropriately on his

birthday. A life well-lived; one of a kind.

1Peter N. Stearns, Harvard Business Review, “The History of Happiness: How the Pursuit of

contentment has shaped the west’s culture and economy,” January-February 2012

2Deloitte Center for Health Solutions, “2012 Survey of U.S. Health Care Consumers”

Provisions of the ACA affecting behavioral health care services

Section Provision Importance for behavioral health care

1321 Affordable Insurance

Exchanges

Establishes access to Qualified Health Plans (QHPs) for small

businesses, families, and individuals QHPs in exchanges must

provide mental health services.

1302 Essential health benefits

in qualified health plans

(QHPs)

Establishes ten key services that must be covered by plans offered

in affordable insurance exchanges and included in the benchmark

plans made available to individuals in states opting to expand

Medicaid coverage. Mental health and substance use disorder

services must be offered at parity with other medical/surgical care,

prevention services, and rehabilitative services.

2501 Medicare drug coverage Establishes increased rebate percentages for covered outpatient

drugs dispensed to Medicaid patients and extends prescription

drug rebates to covered outpatient drugs dispensed to enrollees of

Medicaid managed care organizations (MCOs). Drugs include anti-

depressants, anxiety disorders, etc.

1101 Preexisting conditions Establishes immediate access to insurance for uninsured

individuals with preexisting conditions including diagnosed mental

health problems.

2711 Lifetime or annual limits Prevents group health plans from placing lifetime limits on the

dollar value of benefits for any participant or beneficiary or from

placing unreasonable annual limits on the dollar value of benefits

for any participant or beneficiary. Expenditures for mental health

services are included in calculations of lifetime limits.

2001 Medicaid expansion Provides states the option to expand their Medicaid program to

cover all individuals below 133% FPL with 100% federal match

until 2016, dropping to 90% in 2020. Uninsured individuals below

133% FPL with mental health disorders will benefit from

expansion.

10503/

2303

Community Health

Centers and National

Health Service Corps

Fund

Establishes a Community Health Centers and National Health

Service Corps Fund and increases mandatory funding for

community health centers to $11 billion over five years (fiscal year

[FY] 2011 – FY2015). Community health centers and community

mental health centers provide a wide range of mental health

services to underserved populations.

5601 Spending for Federally

Qualified Health

Centers (FQHC)

Authorizes additional funding for FQHCs as follows: FY2010 -

$2.98B; FY2011 - $3.86B; FY2012 - $4.99B; FY 2013 - $6.44B;

FY2014 - $7.33B; FY2015 - $8.33B. FQHCs may provide mental

health services to underserved populations.

5604 Co-locating primary and

specialty care in

community-based

mental health settings

Provides award grants and cooperative agreements to entities to

establish demonstration projects for coordinated services to

special populations through the co-location of primary and

specialty care services in community-based mental and behavioral

health settings.

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Implementation update

Physician-owned hospital restrictions in ACA upheld in Texas court challenge Last week, the U.S. Court of Appeals in Houston dismissed an appeal from the Physician Hospitals of

America and the 20-bed Texas Spine & Joint Hospital in Tyler challenging the restriction on expansion

by physician-owned hospitals in the ACA (Section 6001 limits the ability of physician-owned hospitals to

expand existing facilities or add new ones). The appeals court ruled that the district court lacked subject-

matter jurisdiction in the case.

Background: Texas Spine & Joint was in the process of a $37 million expansion when ACA passed in

March 2010. The hospital was unable to complete the project before the law's cutoff date of December

31, 2010. The hospital argued that it was incurring losses because if it finished the project, it ran the risk

of stiff penalties and millions in lost revenue from a completed but empty facility.

Note: physician ownership is included in the ACA’s “Protecting Medicare Integrity” section that

addresses self-referrals and transparency in their relationships and performance. When the law passed

in March 2010, per the Public Health Act, 269 physician-owned hospitals were impacted plus 71 under

construction or planned. At the deadline of December 31, 2010, 47 of these were completed, and 24

suspended. The ACA terms restrict growth of physician equity ownership and limit what hospitals may

do to support a facility.

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Study: 65% of hospitals could face penalties for avoidable readmissions

An analysis of the Centers for Medicare & Medicaid Services (CMS) Medicare hospital data found that

over 2,000 hospitals will be penalized beginning October 1 for excessive readmissions involving 2

million Medicare beneficiaries readmitted within 30 days of release. This is expected to add $17.5 billion

in hospital costs per year. According to the report, 278 (8.3%) of hospitals will forfeit the maximum 1% of

their base Medicare reimbursements, while 1,933 (57%) hospitals will receive penalties of less than 1%

of their base Medicare reimbursements.

Background: Per Section 3025 of the ACA, beginning in FY2012, CMS will report data about hospital

avoidable readmissions on its Hospital Compare website. Starting in FY2013, hospitals with readmission

rates above a certain threshold will have payments for the original hospitalization reduced by 20% if a

patient with any one of the eight conditions chosen is re-hospitalized with a preventable readmission

within seven days and by 10% if a patient with a selected condition is re-hospitalized with a preventable

readmission within 15 days. Hospitals with readmissions above the 75th percentile (based on 30-day

rates) for selected conditions shall be subject to readmissions payment policy related to the selected

conditions. Calculation of percentiles shall be based on prior year’s performance. Three years after

implementation, the Department of Health and Human Services (HHS) Secretary shall have the

authority to expand the policy to other conditions selected based on: high spending on readmissions or

high rates of readmissions; and other criteria determined by the Secretary. Per the Congressional

Budget Office (CBO), the program is expected to save Medicare $7.1 billion.

Related: as of July 2012, the Robert Wood Johnson Foundation’s Aligning Forces for Quality Hospital

Quality Network pilot reported that 60% of participating hospitals cut 30-day readmission rates for

patients with heart failure and avoided a total of nearly 500 readmissions. Nearly 60% of hospitals in the

project were also able to cut boarding time in their emergency departments by an average of 30

minutes.

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Community-based Care Transition awards

CMS announced 17 sites selected to participate in the Community-based Care Transitions Program

(CCTP). Together with the first 30 participants, the CCTP now includes 200 acute care hospitals

partnering with community-based organizations across 47 sites to provide care transitions services for

an estimated 185,800 Medicare beneficiaries annually residing in 21 states.

Background: CCTP is a five-year program created by the ACA (Section 3026). Participants sign two-

year program agreements with CMS, with the option to renew each year for the remainder of the

program based on their success. Participants work with local hospitals and social service providers to

support Medicare patients at increased risk of being readmitted to the hospital while transitioning from

hospital stays to other care settings, such as their homes or nursing homes. The program can spend up

to $500 million over five years under the ACA. The Center for Consumer Information and Insurance

Oversight (CCIIO) will continue to accept applications as long as funding is available. Most awardees

are alliances of community-health agencies and hospitals that aspire to manage care for Medicare

enrollees in a coordinated model to avoid hospital re-admissions.

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Cohen to head CCIIO, succeeds Larsen

Friday, CMS Acting Administrator Marilyn Tavenner named Gary Cohen to succeed Steve Larsen as

Director of CCIIO. He most recently was chief counsel to the California Health Benefits Exchange Board

and previously served as director of the oversight group at CCIIO.

Note: CCIIO is the entity within HHS that sets and enforces standards for health insurance that promote

fair and reasonable practices to ensure that affordable, quality health coverage is available to all

Americans. The Center also provides consumers with comprehensive information on coverage options

currently available so they may make informed choices on the best health insurance for their family. It

has four divisions: oversight (medical loss ratio, premium increases), consumer support

(Healthcare.gov, appeals process), insurance programs (pre-existing condition, early retiree program),

and health insurance exchanges.

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House Republicans request information about CDC Prevention Fund Grants

Republican members of the House Energy and Commerce Committee sent a letter to HHS Secretary

Kathleen Sebelius last week expressing concern about the Centers for Disease Control and Prevention

(CDC) Communities Putting Prevention to Work Program (CPPW). The letter requested information on

CDC’s grantees including applications, reviews, and any communication to CDC employees or CPWW

grantees providing guidance on lobbying restrictions.

Background: ACA authorized $15 billion over ten years to the Prevention and Public Health Fund for

investment in prevention and public health programs. Under the program, the CDC awards competitive

grants to local governmental agencies and community-based organizations for the implementation of

evidence-based community prevention health activities. The HHS Office of Inspector General (OIG)

issued a report last April evaluating whether 31 of the grants were in accordance with terms and

conditions of funding opportunity announcements and with grant administration requirements.

Related: HHS also announced $68 million in ACA funding to 114 community-based organizations,

university hospitals, and health departments nationwide to provide support services for women, infants,

children, and youth living with HIV/AIDS. The funds were granted through the Health Resources and

Services Administration’s (HRSA) Ryan White HIV/AIDS Program to assist those who lack sufficient

health care coverage or financial resources to manage HIV.

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HHS announces collaboration with retail pharmacies to educate Medicare beneficiaries

about ACA free services

Last week, HHS announced partnerships with retail pharmacies nationwide to help educate Medicare

beneficiaries on new health benefits available to them under the ACA. The retailers agreed to provide

information about free preventive services offered under ACA, as well as possible savings on drugs

through the donut hole coverage gap. The partners include CVS Caremark, Walgreens, Thrifty White,

Wal-Mart, and Sam’s Club.

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Report: being “old” ain’t what it used to be

Seniors are living longer, healthier lives but rising obesity rates and high housing costs take a toll on

their longevity gains and sense of security.

The U.S. Federal Interagency Forum on Aging-Related Statistics study examined 37 indicators of well-

being to assess how older Americans are faring as they age including population, economics, health

status, health risks and behaviors, health, and end of life care. Key findings:

Obesity is an increasingly prevalent among seniors: 38% of people age 65 and older (and

29% older than 75) were obese in 2009 vs. 22% between 1988 and 1994

Cost of housing: in 2009, 40% of households with people age 65 or older spent more than

30% of their income on housing and utilities vs. 30% in 1985

Working seniors: the number of women between age 62 and 64 with jobs outside their homes

jumped from 29% in 1963 to 45% in 2011, including 27% of women age 65 and older and 8% of

those age 70 and older

Poverty: between 1974 and 2010, the proportion of older people with incomes below the

Federal Poverty Level (FPL, $10,458 in 2010) fell from 15% to 9%. Seniors living on low

incomes—ranging between $10,458 and $20,916—fell from 35% to 26% and the proportion of

seniors with high incomes ($41,832 and above in 2010) increased from 18 % to 31%

End of life care: the percentage of older people who receive specialized care increased from

19% in 1999 to 43% in 2009. Fewer older Americans died in hospitals: the percent of seniors

who died at home increased from 15% in 1999 to 24% in 2009. Meanwhile, the percent of older

people who died in the hospital fell from 49% to 32%

In 2010, seniors age 65 and older were 13% of the total U.S. population. This is anticipated to increase to 20% by 2030. (Source: Federal Interagency Forum on Aging-Related Statistics, “Older Americans

Living Longer, But Becoming More Obese,” August 2012)

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Legislative update

FTC has no plans to challenge the Generic Pharmaceutical Association’s Accelerated

Recovery Initiative Wednesday, Representative Ed Markey (D-MA) and Senator Jeff Merkley (D-OR) sent a letter to FDA

requesting the agency update its Recalls and 510(k) Premarket Notification database to provide

information on whether a device was recalled due to a serious design flaw or whether it was cleared on

the basis of a predecessor design flaw that affected its safety or effectiveness. The letter urged the

agency to include this information in order to “enhance the transparency of the 510(k) process and help

manufacturers avoid using recalled devices as predicates that may put their own devices at risk for

future enforcement action.” It went on to urge the FDA to update the database retrospectively, and to

provide information that dates several years back.

Note: Class Two devices, those with moderate risk requiring special controls (e.g., CT scanners)

represent 47% of all device approvals. Historically, approvals were obtained via an accelerated review

process (510(k) since these devices in earlier forms are already on the market. Recently, intensified

scrutiny has given to requiring manufacturers to provide increased scientific support for their devices.

The FDA has overseen device safety and effectiveness since 1976.

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Major government agencies focused on mental health

Federal agencies addressing issues involving individuals with mental disorders

U.S. Department of Health and Human Services (HHS)

U.S. Substance Abuse and Mental Health Services Administration (SAMHSA)

U.S. National Institutes of Health (NIH)

U.S. National Institute of Mental Health (NIMH)

U.S. Centers for Medicare & Medicaid Services (CMS)

U.S. Center for Disease Control and Prevention (CDC)

U.S. Department of Justice (DOJ), Civil Rights Division

U.S. Department of Housing and Urban Development (HUD)

U.S. Department of Veterans Affairs (VA)

U.S. Department of Education (DOE)

return to top

State update

Medicaid system modernization still required if state does not expand enrollment Speaking last week in a regional forum, Cindy Mann, director for Medicaid and Child Health Insurance

Program (CHIP) Services at CMS said states not participating in the Medicaid expansion will be required

to upgrade their Medicaid eligibility and enrollment systems by 2014.

Background: Per the ACA, states are required to establish a single, online application system with links

to the state-based insurance exchange as well as Medicaid and CHIP. States not participating in the

Medicaid expansion will be able to take advantage of matching funds CMS is making available to assist

states to design and build the new eligibility and enrollment systems. Until 2015, CMS will pay for 90%

of a state's costs in building the new system, she said. CMS also will provide 75% of the state's system

maintenance costs on a continuing basis.

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CCIIO issues “blueprint” for state health exchanges, reinforces federal flexibility Tuesday, HHS began a series of briefings about implementation of health insurance exchanges (HIX).

CCIIO Director Mike Hash released the blueprint for exchange certification to states, and the agency is

still “exploring options” for financing its federally facilitated exchange. Notable takeaways include:

A streamlined application process will be used for all applicants.

The federal exchange will mirror a state run exchange: states choosing the federal exchange

will not be required to return establishment grants.

Qualified Health Plan (QHP) certification will be on an annual basis to prevent QHPs from

coming in and out of exchange during a plan year.

Future guidance will be provided on stand-alone dental options, Basic Health Program,

segregation of funds for pregnancy termination benefits.

The actuarial value (AV) calculator will be released with comment period before finalized.

State-run exchanges will have the option of allowing the federal government to conduct eligibility

determinations for tax credits and cost-sharing reductions for low- and moderate-income

consumers.

States may allow the federal government to make determinations about exemptions from the

“individual mandate” insurance coverage requirements for hardship or other reasons.

The federal government will operate risk adjustment and re-insurance programs for state-run

exchanges at the option of the states.

States that form partnerships with the federal government to operate exchanges have the option

of conducting plan management functions—certifying QHPs that will be offered in the

exchanges—or they could conduct consumer outreach functions, or do both.

Small Business Health Options Program (SHOP) exchanges can be created as separate

exchanges by states for businesses with up to 100 employees, or merged with exchanges for

the individual insurance market. In 2014 and 2015, states may limit the SHOP exchanges to

businesses with less than 50 employees. (Small employers that participate in SHOP exchanges

are eligible for small business tax credits to cover up to 50% of the cost of covering employees

in 2014 and 2015 is the average income of the employees for the firm do not exceed $25,000).

The requirement in the proposed blueprint May, 2012 that states move 80,000 people from

high-risk pools into the exchanges in 2014 was deleted in the final blueprint.

Note: As of August 1, HHS had received 13 letters from governors who made a commitment to submit

applications to establish state-based exchanges. The states are Colorado, Maryland, Massachusetts,

Minnesota, New York, Oregon, Rhode Island, Washington, California, Connecticut, Hawaii, Kentucky,

and Vermont. Thirty-five states and the District of Columbia received $850 million in exchange

establishment grants.

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Politico: governors’ races will impact ACA implementation “Forget about the presidential race just for a moment. Even if President Barack Obama gets to keep his

Pennsylvania Avenue address, gubernatorial elections could have a major influence on how his health

care law is implemented. While the administration likes to highlight how much flexibility it has given

states, that same flexibility has been a major weakness. If more power shifts to Republican governors,

they’ll have more power to minimize the law’s reach. Republicans’ last major hope for overturning the

health law lies in the Nov. 6 elections. If the national results indicate the Affordable Care Act’s future is

secure, states have just 10 days to let the Obama administration know if they’ll run their own health

insurance exchange or reach out to the feds for some help. There is no such deadline for the other big

decision they face: whether to expand Medicaid.”—Jason Millman, Politico, August 17, 2012

Note: in the 2012 election cycle, Governor’s races are on the ballot in 11 states; seven with incumbents

running for re-election.

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Industry update

Consumer advocates encourage HHS to standardize insurance plan eligibility, rate

setting and enrollments to align with ACA Twenty consumer advocacy organizations issued a 56-page report last week encouraging HHS to

establish a standardized approach for implementing the age-rating limits in the ACA so as to mitigate

aging consumers' potential “rate shock.” The group’s recommendations also include:

Gradual increases in premiums: HHS should require insurers to slowly increase premiums as a

person ages rather than allowing large increases to hit overnight.

Standardization and alignment of enrollment timing: HHS needs to “adopt standardized, national

age bands to implement the ACA's age rating requirements” and establish a standardized open

enrollment period for the fully insured market outside of the exchange to align with the exchange

open enrollment period (begins October 1, 2013 and ends March 31, 2014).

Stop loss insurance definition for small businesses: HHS, the U.S. Department of Labor (DOL)

and the U.S. Department of Treasury (DOT) should define “self-insured” and “issuer offering

group health insurance coverage” so that small employers can only be self-insured if they bear

adequate risk.

Essential health benefits restrictions: HHS should prohibit insurers' use of benefit substitutions

in the ten prescribed benefit categories and clarify that states can decide to prohibit or restrict

benefit substitutions.

Limitation on waiting periods: HHS, DOL and DOT should clarify that insurers cannot apply

benefit-specific waiting periods.

Pre-existing condition exclusions: in eligibility determinations, HHS should prohibit insurers from

using any factors related to a person's health status/pre-existing condition not reflected in the

ACA.

Risk adjustment: HHS should develop a methodology that results in accurate collections and

payments, encourages efficiency, and discourages fraud and abuse.

(Source: National Association of Insurance Commissioners, “Implementing the Affordable Care Act’s

Insurance Reforms: Consumer Recommendations for Regulators and Lawmakers,” August 2012)

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Study: hospitals not inclined to pursue ACOs Seventy-five percent of hospitals do not anticipate developing an Accountable Care Organization (ACO,

Section 3022 of ACA, “Medicare Shared Savings Program”) vs. 13% who are underway or planning

toward implementation. More than half (51%) of ACOs are joint endeavors of physicians and hospitals while 20% are physician-only. (Source: Commonwealth Fund, “2011 National Survey of Hospital

Readiness to Participate in an Accountable Care Organization,” based on input from 1,672 hospitals out

of 4,937 contacted between May and September 2011)

Note: the survey was conducted prior to the issuance of a Final Rule on ACOs from CMS that made

many modifications to the proposed rule, including electronic health records (EHR) use is no longer a

condition for participation, fewer measures to assess quality (from 65 measures in five domains in the

proposed rule to 33 measures in four domains in the final), and a longer phase-in of measures over

course of agreement…According to CMS, 154 groups are currently underway in ACO efforts.

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GAO: health risks of mobile devices needs attention On August 7, the Government Accountability Office (GAO) released a report concluding that while

scientific research has not conclusively demonstrated adverse human-health effects of exposure to

radio-frequency energy from cellphone use, research is still “ongoing” and may “increase understanding

of any possible effects.”

The limits the Federal Communications Commission (FCC) established in 1996 for such exposure “may

not reflect the latest research, and testing requirements may not identify maximum exposure in all

possible usage conditions.” CTIA-The Wireless Association, which represents wireless carriers such as

AT&T Inc., Sprint Nextel Corporation, and others, said the industry welcomes further review of the

standards.

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Quotable “Scaling good ideas has been one of our deepest problems in medicine. Regulation has had its place,

but it has proved no more likely to produce great medicine than food inspectors are to produce great

food. During the era of managed care, insurance-company reviewers did hardly any better. We’ve been

stuck. But do we have to be?...The critical question is how soon that sort of quality and cost control will

be available to patients everywhere across the country. We’ve let health-care systems provide us with the equivalent of greasy-spoon fare at four-star prices, and the results have been ruinous.”—Atul

Gawande, The New Yorker, “Restaurant chains have managed to combine quality control, cost control,

and innovation. Can health care?” August 12, 2012

“Hospital management and payers must partner collaboratively and transparently with physicians to help

them improve rather than merely issue incentive schemes… The US health care system should

reinforce the tendency for physicians to act as knights who are motivated by professional values. When

the health care system treats physicians as pawns—passive respondents to their circumstances—their

motivation to take on challenging complex problems and play a leadership role in improving quality declines.”—Cassel and Jain, Journal of the American Medical Association, “Assessing Individual

Physician Performance,” June 27, 2012

“It is probably much easier…to talk in an opinion survey about quitting than it is actually to walk away

from net practice incomes that even at their lower ranges place American doctors among the top 5

percent of families in the nation’s income distribution. That place is unlikely to change under the health

care law. Would all these disillusioned doctors find lucrative employment in the already shrinking

financial sector, the only other industry in which they could assuredly garner such high (or even higher) incomes, as some people with medical degrees now do?”—Uwe E. Reinhardt, New York Times,

“Health-Care Reform and the ‘Doctor Shortage,’” August 17, 2012

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Fact file Obesity: in 2011, the South had the highest percentage of obese individuals (29.5%) followed by

the Midwest (29%), and West (24.3%). Mississippi ranked the highest at 34.9% and Colorado the

lowest at 20.7%. No state has less than 20% obesity in its population. (Source: CDC, “Behavioral

Risk Factor Surveillance System,” 2011)

Poll about public concerns: the top national economic issues of concern to Republicans are the

federal budget deficit (56%) unemployment (55%), and the cost of health care (41%) while

Democrats indicated unemployment (63%), the cost of health care (49%) and the cost of college education (28%). (Source: Kaiser Family Foundation, “Kaiser Health Tracking Poll,” August 2012)

Retail clinic visits: retail clinics in in pharmacies, supermarkets, and shopping malls saw visits

increase from 1.48 million in 2006 to 5.97 million in 2009: 64.5% do not have a primary care

physician and 70.5% have some type of insurance. 44% of clinic visits occurred when physicians’ offices were likely to be closed (weekday evenings and weekends). (Source: Health Affairs Blog,

“Retail Clinic Visits Increased Four-Fold Between 2007 and 2009,” August 16, 2012)

Government audits of health care organizations: non-profit health care organizations undergo

more government audits than do for-profit organizations averaging six during a 12-month period,

versus four by for-profit health care providers. Additionally, larger companies underwent more audits

than smaller companies (76% of those with 5,000+ employees reported at least one Medicare

recovery audit-contractor review vs. 30% of organizations with 250 or less employees). (Source:

Health Care Compliance Association, “Auditing the Auditors,” August 2012)

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Fact file special: Mental Health Cost in workplace: “severely and moderately depressed workers missed work more than non-

depressed workers. Monthly salary equivalent lost for severely depressed ($199) and moderately

depressed ($188) was also significantly higher than for non-depressed workers.” Monthly

depression-related worker productivity losses projected to the U.S. workforce had human capital costs of nearly $2 billion annually). (Source: SAMHSA, “Employer Burden of Mild, Moderate, and

Severe Major Depressive Disorder: Mental Health Services Utilization and Costs, and Work

Performance,” August 2009)

Daily moods: the Well-Being Index’s daily mood measure, which reports the average amount of

happiness and enjoyment respondents experience without a lot of stress or worry, is typically in the

40% range on weekdays and the high-50% range on weekends. This pattern was fairly steady until

it fell to 37% on September 17, 2008, the same day the Dow dropped 449 points. Happiness

dropped to 37% several more times throughout the fall of 2008 as the dire economic news

continued and hit an all-time low of 35% on December 11—the day that new jobless claims reached

a 26-year high. Those who make $90,000 or more per year have the highest Well-Being Index score

among all demographic and socioeconomic groups associated with lower levels of obesity and

chronic illness, and their better health habits. (Source: Gallup-Healthways Well-Being Index)

Global prevalence: depression-related disorders will be the single leading cause of global disease

burden by the year 2020. (Source: Murray and Lopez, World Health Organization)

Incidence in U.S.: 19.9% of adults 18 years and older had any mental illness and 4.8% had a

serious mental illness in 2009. 13% of children 8 to 15 years old had a diagnosable mental disorder

in past year. (Source: SAMHSA and NIMH)

Lifetime prevalence of mood and anxiety disorders among youth and adults in the U.S.

Source: NIMH Statistics, “Any Mood Disorder in Children”

Substance use disorders among individuals with serious mental illnesses in the U.S., 2009

Source: SAMHSA, Mental Health United States, 2010

Past month illicit drug use in the U.S., 2009 and 2010

Source: SAMHSA, Results from the 2010 National Survey on Drug Use and Health: Summary of

Findings

Behavioral and physical health care occupations: median salaries in 2011

Source: SAMHSA, Mental Health United States, 2010

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Deloitte Center for Health Solutions research

Coming soon:

2012 Survey of U.S. Health Care Consumers – INFOBrief series

2012 Survey of U.S. Health Care Consumers – Five-year report

State Medicaid Program Management: Update and considerations

Currently available: Meeting the Challenge: Maximizing the value of employer-sponsored health care—August 2012.

Available online at www.deloitte.com/us/meetingthechallenge

2012 Deloitte Survey of U.S. Employers: Opinions about the U.S. health care system and plans

for employee health benefits—July 2012. Available online at

www.deloitte.com/us/2012employersurvey

A look around the corner: Health care CEOs’ perspectives on the future—July 2012. Available

online at www.deloitte.com/us/healthcareceoperspectives

Deloitte 2012 Survey of U.S. Health Care Consumers: The performance of the health care system and health care reform—June 2012. Available online at www.deloitte.com/us/2012consumerism

Health Care Reform: Center Stage 2012 Perspectives from consumers, physicians and

employers—June 2012. Available online at www.deloitte.com/us/healthcarecenterstage2012

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Deloitte contacts

Paul H. Keckley, Ph.D., Executive Director, Deloitte Center for Health Solutions

([email protected])

Harry Greenspun, M.D., Senior Advisor, Health Care Transformation and Technology, Deloitte Center

for Health Solutions ([email protected])

Jessica Blume, U.S. Public Sector National Industry Leader, Deloitte LLP ([email protected])

Bill Copeland, U.S. Life Sciences and Health Care National Industry Leader, Deloitte LLP

([email protected])

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([email protected])

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([email protected])

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Deloitte, LLP ([email protected])

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