COLORADO SPRINGS, Colo. — Forty-two boxes of returned mail lined a wall of the El Paso County Department of Human Services office on a recent fall morning. There used to be three times as many.
Every week, the U.S. Postal Service brings anywhere from four to 15 trays to the office, each containing more than 250 letters that it could not deliver to county residents enrolled in Medicaid or other public assistance programs. This plays out the same way in counties across the state. Colorado estimates about 15% of the 12 million letters from public assistance programs to 1.3 million members statewide are returned — some 1.8 million pieces of undelivered mail each year.
It falls on each county's staff, in between fielding calls, to contact the individuals to confirm their correct address and their eligibility for Medicaid, the federal-state health insurance program for people with low incomes.
But last year, state officials decided that if caseworkers can't reach recipients, they can close those cases and cut off health benefits after a single piece of returned mail.
Medicaid, food stamps and other public benefit programs have avoided the march toward digital communication and continue to operate largely in a paper-based world. That essentially ties lifesaving benefits for some of the most vulnerable populations to the vagaries of the Postal Service.
As returned mail piles up, Colorado and other states take increasingly drastic measures to work through the cumbersome backlog, lowering the bar for canceling benefits on the basis of returned mail alone. Missouri, Oklahoma and Maryland are among those that have struggled with the volume. And when Arkansas implemented Medicaid work requirements, nearly half of the people who lost benefits had failed to respond to mailings or couldn't be contacted.
At best, tightening returned mail policies could save states some money, and those cut from the benefits yet still eligible for them would experience only a temporary gap in their care. But even short delays can exacerbate some patients' chronic health conditions or lead to expensive visits to the hospital.
And at worst, the returned mail may be contributing to a major drop in Medicaid enrollment and increased numbers of uninsured. Those dropped from the rolls rarely realize it until they seek care.
"There's a lot of concern on this issue," said Ian Hill, a health policy analyst at the Urban Institute, a think tank based in Washington, D.C. "Are they getting purged from the records unfairly and too quickly?"
Taking Action
States have been walking a tightrope. While trying to aid their poorest residents, they also are grappling with budget-busting Medicaid costs and pressure from the Trump administration to ensure everyone on public assistance programs qualifies for the benefits.
Some states have sought "procedural denials because it kept their costs down," said Cindy Mann, who ran the Medicaid program under the Obama administration.
"But we certainly don't want to cut somebody off while they're still eligible," said Mann, who is now a partner with the law firm Manatt, Phelps & Phillips. "It's penny-wise and pound-foolish."
Low-income families who depend on public benefits tend to move often, leading to frequent errors in the addresses on file. But if a person moves out of state, the state-administered Medicaid benefit cannot move with them.
"States have always struggled with how to handle returned mail," said Jennifer Wagner, a senior policy analyst with the Center on Budget and Policy Priorities, a left-leaning think tank in Washington, D.C. "But we have more recently heard of states pushing a policy to be very aggressive about canceling clients when the state receives returned mail, and that has led to significant disenrollment."
In April 2018, Colorado lowered its recommended threshold for acting upon returned mail from three pieces of undeliverable mail to just one. From May 2017 to May 2019, enrollment in Medicaid and the Children's Health Insurance Program dropped 8.5% in the state — more than three times the national decline of 2.5%, according to the Medicaid and CHIP Payment and Access Commission, a congressional advisory panel.
It's unclear how much of the drop was due to returned mail. The enrollment declines could also reflect some combination of a proposed federal rule to deny green cards to immigrants who use public benefits, cuts in federal funding for outreach to sign people up for health coverage or an improved economy.
Colorado has not set up a way of tracking how many people are losing benefits because of returned mail or what happens to those who do.
"We don't have one data point that we can track," said Marivel Klueckman, who oversees Medicaid eligibility functions for Colorado. "That is something we're building into the future."
Of the more than 131,000 Colorado households that have public benefit mail returned each year, the state estimates about 1 in 4 cannot be reached, resulting in the possible closure of nearly 33,000 cases.
People cut off from benefits may never learn why and may not seek to restore their benefits, which concerns Bethany Pray, health care program director at the Colorado Center on Law and Policy, a Denver-based legal aid group.
"You're going to lose people who are truly eligible and should never have been taken off and who face barriers to re-enrollment," Pray said.
Mailing Woes
The lack of dependability of the Postal Service, particularly in rural areas of the state, adds to the concerns about relying on snail mail for important government correspondence.
Officials from the ski resort town of Snowmass Village, for example, complained last spring that they didn't have any mail delivered for an entire week.
"We have received over 6 feet of snow in the last two weeks and we still get more complaints about postal delivery than snow removal," town officials wrote in a March survey conducted by the Colorado Association of Ski Towns. "People aren't getting bills, jury summons, medications, certified mail."
In June, three members of Colorado's congressional delegation sent a letter to the postmaster general, pressing her to address a range of postal issues including lost or returned mail.
There's no question that cutting off people after one piece of paper mail is returned saves the state money in sending letters and processing undeliverable mail — though other costs may add up later. Colorado public assistance programs mail more than a million letters each month, at a cost of nearly $6 million annually. That is a small share of what is spent on the actual assistance, given that Colorado's Medicaid program alone costs $9 billion a year.
Cutting off assistance after one piece of returned mail also helps the state avoid making monthly payments to regional health organizations for case management and dental services for those who no longer qualify for benefits.
However, Colorado Medicaid's Klueckman said the state is primarily concerned with making sure eligible residents get their notifications and remain enrolled. The state moved eligibility determinations and renewals online and now offers a mobile app so residents also can receive notifications electronically.
Local Discretion
Colorado plans to open a consolidated returned mail center for the state as soon as July 2020. That could provide some economies of scale and consistency, but has the potential of increasing the number of people dropped, as local knowledge is replaced by automation.
Counties currently receive guidance from the state on how to process returned mail, but they have leeway to set their own procedures. El Paso County, for example, rarely closes cases based on a single piece of returned mail and opts not to act on addresses that are often used by those who are homeless, such as a shelter or post office.
"They're the least likely for us to be able to have a phone number to call them," said Karen Logan, economic and administrative services director for the county.
The county, Colorado's second-largest, used grant money this year to pay staff overtime to whittle down its backlog of returned mail. That has helped the county process more than 48,000 pieces of returned mail in the past year, with more than a third prompting database changes. But officials could not say how many of those resulted in people losing benefits.
"We have some other things that are a little bit higher on the priority scale, so we don't close as many cases as we probably could," Logan said. "But I can tell you this: Closing a case and having a person have to reapply two months later takes significantly more work."
ST. LOUIS — As millions of Americans start shopping Friday for individual health insurance for 2020, they will see federal ratings comparing the quality of health plans on the Affordable Care Act's insurance marketplaces.
But Christina Rinehart of Moberly, Mo., who has bought coverage on the federal insurance exchange for several years, won't be swayed by the new five-star rating system.
That's because only one insurer sells on the exchange where the 50-year-old former public school kitchen manager lives in central Missouri. Anthem Blue Cross Blue Shield in Missouri was not ranked by the Centers for Medicare & Medicaid Services.
"I'm pleased with the service I get with that and the coverage I have," she said, noting she focuses on cost and whether her medications and checkups are covered.
Rinehart's case illustrates one reason why the star ratings are unlikely to play a big role in people's decision-making for the first year of the national rollout. Nearly a third of health plans on the federal exchanges don't yet have a quality rating — including all the plans in Iowa, Kansas and Nebraska. Only one insurer is available in nearly a quarter of counties across the U.S. And consumers may not find the information behind the star ratings valuable without additional details, insurance experts say.
Across Missouri, Cigna is the only one of seven insurers to get ratings. The others have not yet been in the marketplace for the three years needed to merit a score.
Missouri is one of eight states that don't have any health plans that earned at least three stars. The others are Iowa, Kansas, Nebraska, Nevada, New Mexico, West Virginia and Wyoming. States with the most three-star or higher health plans are New York (12), Michigan (10), Pennsylvania (9), Massachusetts (8) and California (7).
The star ratings are largely new to the federal exchanges, which operate in 39 states. About 80% of plansin the federal marketplaces earned three or more stars overall, CMS said. Only 1% earned five stars.
The new federal star ratings are based on three main areas: evaluations of the plans' administration, such as customer service; clinical measures that include how often the plans provide preventive screenings; and surveys of members' perception of their plan and its doctors.
Ratings can be viewed at healthcare.gov, where consumers review plans' benefits and prices. Open enrollment runs from Friday through Dec. 15 for the federal exchange states, though enrollment lasts longer in the District of Columbia and most of the 11 states that operate their own marketplaces.
What Health Care Shoppers Need To Know
WHAT: The federal ratings for health care plans sold on the Affordable Care Act exchanges can be viewed at healthcare.gov, where consumers review plans' benefits and prices.
WHEN: Open enrollment runs from Friday, Nov. 1, through Dec. 15 for the federal exchange states, though enrollment lasts longer in most of the 12 states that run their own marketplaces.
Last year, about 11.4 million people bought coverage on all the exchanges, with more than 80% getting federal subsidies to lower their premiums.
The good news for consumers is premium prices on the federal exchanges are dropping by about 4% on average for 2020.
And consumers generally will have a wider array of choices as more companies enter the markets. Nationally, the average number of health plan choices per customer has risen from 26 to 38, according to Joshua Peck, co-founder of Get America Covered, a nonprofit that helps people enroll and find coverage. Missouri, for example, will have 28 plans from its seven insurers, he said, up from 14 this past year.
Jodi Ray, who runs Florida's largest patient navigator program as director of Florida Covering Kids & Families at the University of South Florida, is skeptical consumers will use the new ratings. Instead, she said, they will likely focus first on whether their doctor is on the plan, if their medications are covered, the size of the deductible and the monthly costs.
"The star ratings may fall out the door at that point," she said.
Many of the states that operate their own exchanges have already offered quality ratings, which were required under the ACA. California's insurance exchange has been providing quality ratings for several years, though it's unclear how much weight consumers give them.
"They have a limited effect on consumers but have a significant effect on health plans," said Peter Lee, executive director of Covered California, the state's insurance exchange. "It does tip health plans to focus on what they can do to improve care, and I think that is a positive effect."
Kaiser Permanente (which is not affiliated with Kaiser Health News) is the only insurer in the California exchange to garner the maximum five stars, Lee said. It also has the most enrollment of any plan in the state's exchange. But, he noted, the plan has a lower share of the enrollment in Southern California partly because its prices are higher compared with rival insurers, indicating low cost may trump high rankings in attracting enrollees.
"It's good news that nationally the federal marketplace is putting quality data out there for consumers," Lee said. Still, he added, customers would want to see the specific criteria that matter to them, such as how well plans care for patients with diabetes. Currently, that data is not immediately accessible for consumers at healthcare.gov.
Consumers tend to stick with their insurer even when prices and benefits change, said Katherine Hempstead, a senior policy adviser at the Robert Wood Johnson Foundation, the nation's largest public health philanthropy. "People think changing health insurance plans is a huge pain and they don't know if things will get better or worse." But, she added, "people respond to consumer ratings and reviews."
The federal government already uses star ratings to help consumers choose a Medicare Advantage plan as well as compare hospitals. It began testing the exchange ratings in a handful of states over the past two years.
Heather Korbulic, executive director of the Nevada health exchange, worries the ratings could be steered by a relatively small number of member surveys. "It's such a narrow sample," she said, noting one plan's rating was partly based on just 200 member reviews.
Even though many counties have only one insurer in 2020 ― most of them rural areas or clustered in the Southeast ― the number of enrollees with access to just one insurer is falling to 12% next year from 20% now.
"If you look at Arkansas, they've got nice competition in their marketplace, but they've also expanded Medicaid," Watson said. "We look a lot like Mississippi, which is struggling to get insurance in rural counties."
That leaves people, like Rinehart, stuck with one insurer.
Rinehart remains loyal to Anthem particularly after it helped her get care and deal with the costs of suffering four heart attacks in 24 hours nearly three years ago. She's thrilled Anthem's prices are down slightly for 2020.
"I wasn't able to afford insurance before [the Affordable Care Act]," she said, "so it was a blessing to have."
Hundreds of hospitals have joined in a handful of lawsuits in state courts, seeing the state-based suits as their best hope for winning meaningful settlement money.
"The expense of treating overdose and opioid-addicted patients has skyrocketed, straining the resources of hospitals throughout our state," said Lee Bond, CEO of Singing River Health System in Mississippi in a statement. His hospital is part of a lawsuit in Mississippi.
Hospitals may discover downsides to getting involved in litigation, said Paul Keckley, an independent health analyst.
"The drug manufacturers are a soft target," he said. But the invasive nature of litigation may generate "some unflattering attention" for hospitals, he added. They'd likely have to turn over confidential details about how they set prices, as well as their relationships with drug companies.
So, despite representing the front lines of the opioid epidemic, most hospitals have been hesitant to pile on.
Just about every emergency room has handled opioid overdoses, which cost hospitals billions of dollars a year, since so many of the patients have no insurance. But that's just the start. There are also uninsured patients, like Traci Grimes of Nashville, who end up spending weeks being treated for serious infections related to their IV drug use.
"As soon as I got to the hospital, I had to be put on an ice bath," Grimes said of her bout with endocarditis over the summer, when bacteria found its way to her heart. "I thought I was going to die, literally. And they said I wasn't very far away from death."
Grimes is in recovery from her opioid addiction but still getting her energy back after spending a month being treated through a special intravenous line to her heart at Vanderbilt University Medical Center. Most patients could be sent home with a PICC line, but not someone with a history of illicit IV drug use who could misuse it to inject other substances. Vanderbilt and other academic medical centers recognize the problem and have established special clinics to manage these complex patients.
Grimes, 37, said she's grateful for the care she received, which included multiple procedures and treatment for pneumonia, hepatitis A and hepatitis C. But like most patients in her situation, she's uninsured and strapped for cash.
"I can't pay a thing. I don't have a dime," she said. "So they do absorb all that cost."
Hospitals estimate treating complicated patients like Grimes costs an average of $107,000 per person, according to court documents. The total costs to U.S. hospitals in one year, 2012, exceeded $15 billion, according to a report cited in the suits. And most patients either couldn't pay or were covered by government insurance programs.
The expense is a leading reason cited by the hospitals who've banded together in a handful of lawsuits in Tennessee, Texas, Arizona, Florida, Kentucky, Mississippi and West Virginia. These suits are separate from the consolidated federal case in Ohio that includes cities and counties around the country. But the most prominent hospitals in those states, like Vanderbilt, have opted not to join the litigation.
West Virginia University President E. Gordon Gee, who oversees the state's largest hospital system, has been urging others to join the suits. He and former Ohio Gov. John Kasich established an organization meant to highlight the harm done to hospitals by the opioid crisis.
"I think the more hospitals we have that want to be involved in this in some way, the better off we are," he said. "You know, there's always safety in mass."
By "safety," Gee acknowledged a central concern for hospitals weighing the risk versus reward of going to court. They may have the tables turned on them by the pharmaceutical companies since, until recently, patients in the hospital were often prescribed large quantities of opioids, contributing to the epidemic.
"I suspect there are some hospitals … who are afraid that if they get into it, those who are on the defense side will point out, well, maybe hospitals were really the problem," he said.
The lead defendant in the suits, Purdue Pharma, did not respond to requests for comment.
Gee said hospitals can claim they were victims of dubious opioid marketing.
Still, many high-profile hospitals are sitting out the lawsuits, even though they're typically the ones that treat the most complicated and expensive patients.
Health analyst Keckley said if hospitals join the litigation, they may be forced to cough up actual totals for their opioid-related financial damages. That could force hospitals to reveal how much more they charge for some services, compared with the actual costs of providing the care.
"Hospitals basically have charged based on their own calculations and the underlying cost of delivering that care has been virtually nontransparent," Keckley said. "Then you open a whole new can of worms."
Big academic medical centers especially, Keckler said, have relationships with drugmakers that they may not want publicly highlighted.
Still, hospitals might benefit without having to put their names on lawsuits and exposing themselves to risk. In Oklahoma, the state won an early opioid lawsuit in August. The payout does not direct money to hospitals, per se. However, Patti Davis, president of the Oklahoma Hospital Association, said they're happy to see some of the money was earmarked for treatment.
"When we see treatment, we get very excited because it's our hospitals providing a lot of the treatment," she said.
But nationally, hospitals can't count on potential settlement money to trickle down to their bottom lines, said Don Barrett, a Mississippi litigator helping hospitals sue in state courts.
Two decades ago, when the target of litigation was Big Tobacco, Barrett was working for states. He said hospitals didn't join in, to his surprise. And when the states won those suits and started getting paid damages, hospitals missed out. Only about a third of the money was even spent on health or tobacco control, according to one watchdog's estimate.
"I guess they thought that the states were going to take care of them, that these local governments were going to take this money and give it to the hospitals where it would do some good," he said. "Of course, they didn't give them a damn penny."
Some states did set up trust funds that might help patients in the hospital stop smoking. But many are using the money to fill potholes, pay teachers and otherwise close gaps in state budgets.
Though not detailed in the lawsuits, many of the participating hospitals are in varying levels of financial distress, and not always primarily because of the opioid epidemic. Facilities owned by Community Health Systems make up a large share of the hospitals suing in Alabama, Florida, Mississippi, Tennessee and Texas. The investor-owned hospital chain, based in Franklin, Tenn., has been struggling mostly because of an outsize debt loadtaken on during a rapid period of expansion.
A CHS spokesperson declined to comment, citing a policy not to talk about pending litigation.
But Barrett said he expects more hospitals to join the cause rather than relying on states to determine how settlement money is spent.
"We're not going to allow that to happen this time," he said. "We can't afford to allow it to happen this time."
This story is part of a partnership that includes Nashville Public Radio, NPR and Kaiser Health News.
Everything old is new again. As open enrollment gets underway for next year's job-based health insurance coverage, some employees are seeing traditional plans offered alongside or instead of the plans with sky-high deductibles that may have been their only choice in the past.
Some employers say that, in a tight labor market, offering a more generous plan with a deductible that's less than four figures can be an attractive recruitment tool. Plus, a more traditional plan may appeal to workers who want more predictable out-of-pocket costs, even if the premium is a bit higher.
That's what happened at Digital River, a 650-person global e-commerce payment processing business based in Minnetonka, Minn.
Four years ago, faced with premium increases approaching double digits, Digital River ditched its traditional preferred provider organization plan in favor of three high-deductible plans. Each had different deductibles and different premiums, but all linked to health savings accounts that are exempt from taxes. This year, though, the company added back two traditional preferred provider plans to its offerings for workers.
Even with three plan options, "we still had employees who said they wanted other choices," said KT Schmidt, the company's chief administrative officer.
Digital River isn't the only company broadening its offerings. For the third year in a row, the percentage of companies that offer high-deductible plans as the sole option will decline in 2020, according to a survey of large employers by the National Business Group on Health. A quarter of the firms polled will offer these plans, sometimes called consumer-directed plans, as the only option next year, down 14 percentage points from two years ago.
That said, consumer-directed plans are hardly disappearing. Fifty-eight percent of covered employees worked at companies that offered at least one high-deductible health plan in 2019, according to an annual survey of employer health benefits released by the Kaiser Family Foundation last month. That was second only to the 76% of covered workers who were at firms that offered a PPO plan. (KHN is an editorially independent program of the foundation.)
When Digital River switched to all high-deductible plans for 2016, the firm put some of the $1 million it saved into the new health savings accounts that employees could use to cover their out-of-pocket expenses before reaching the deductible. Employees could also contribute to those accounts to save money for medical expenses. This year the deductibles on those plans are $1,850, $2,700 and $3,150 for single coverage, and $3,750, $5,300 and $6,300 for family plans.
The company put a lot of effort into educating employees about how the new plans worked, said Schmidt. Premiums are typically lower in high-deductible plans. But under federal rules, until people reach their deductible, the plans pay only for specified preventive care such as annual physicals and cancer screenings and some care for existing chronic conditions.
Enrollees are on the hook for everything else, including most doctor visits and prescription drugs. In 2020, the minimum deductible for a plan that qualifies under federal rules for a tax-exempt health savings account is $1,400 for an individual and $2,800 for a family.
As their health savings account balances grew, "more people moved into the camp that could see the benefits" of the high-deductible strategy, Schmidt said. Still, not everyone wanted to be exposed to costs upfront, even if they ended up spending less overall.
"For some people, there remained a desire to pay more to simply have that peace of mind," he said.
Digital River's PPOs have deductibles of $400 and $900 for single coverage and $800 and $1,800 for families. The premiums are significantly more expensive than those of the high-deductible plans.
In the PPO plan with the $400/$800 deductible, the employee's portion of the monthly premium ranges from $82.37 for single coverage to $356.46 for an employee plus two or more family members. The plan with the $2,700 deductible costs an employee $21.11 for single coverage and the $5,300 deductible plan costs $160.29 for the employee plus at least two others.
But costs are more predictable in the PPO plan. Instead of owing the entire cost of a doctor visit or trip to the emergency room until they reach their annual deductible, people in the PPO plans generally owe set copayments or coinsurance charges for most types of care.
When Digital River introduced the PPO plans this year, about 10% of employees moved from the high-deductible plans to the traditional plans. Open enrollment for 2020 starts later this fall, and the company is offering the same mix of traditional and high-deductible plans again for next year.
Adding PPOs to its roster of plans not only made employees happy but also made the company more competitive, Schmidt said. Two of Digital River's biggest competitors offer only high-deductible plans, and the PPOs give Digital River an edge in attracting top talent, he believes.
According to the survey by the National Business Group on Health, employers that opted to add more choices to what they offered employees typically chose a traditional PPO plan. Members in these plans generally get the most generous coverage if they use providers in the plan's network. But if they go out of network, plans often cover that as well, though they pay a smaller proportion of the costs. For the most part, deductibles are lower than the federal minimum for qualified high-deductible plans.
Traditional plans like PPOs also give employers more flexibility to try different approaches to improve employees' health, said Tracy Watts, a senior partner at benefits consultant Mercer.
"Some of the newer strategies that employers want to try just aren't [health savings account] compatible," said Watts. The firms might want to pay for care before the deductible is met, for example, or eliminate employee charges for certain services. Examples of these strategies could include direct primary care arrangements in which physicians are paid a monthly fee to provide care at no cost to the employee, or employer-subsidized telemedicine programs.
The so-called Cadillac tax, a provision of the Affordable Care Act that would impose a 40% excise on the value of health plans that exceed certain dollar thresholds, was a driving force behind the shift toward high-deductible plans. But the tax, originally supposed to take effect in 2018, has been pushed back to 2022. The House passed a bill repealing the tax in July, and there is a companion bill in the Senate.
It's unclear what will happen, but employers appear to be taking the uncertainty in stride, said Brian Marcotte, president and CEO of the National Business Group on Health.
"I think employers don't believe it's going to happen, and that's one of the reasons you're seeing [more plan choices] introduced," he said.
This article was first published on Monday, October 28, 2019 in Kaiser Health News.
Teenagersdon't get enough sleep, and California's effort to fix the problem may serve as a wake-up call to other states' lawmakers.
A law recently signed by Gov. Gavin Newsom that mandates later start times for most students — no earlier than 8 a.m. in middle school and 8:30 a.m. in high school — is the first statewide response in the United States to overwhelming evidence that chronic lack of sleep impairs teens.
But it is hardly the only attempt to address the issue.
Individual cities, regions and school districts across the U.S. have tried for years to afford their students the sleep benefits of later school starts.
Their efforts are just one aspect of a broader societal phenomenon so harmful that the Centers for Disease Control and Prevention declared it a public health epidemic five years ago. Simply put, a staggering number of Americans — or, better said, a number of staggering Americans — don't get enough sleep.
There is no simple way to alter that reality, a reminder of which will be heard early in the morning on Sunday, Nov. 3, as Daylight Saving Time ends, bringing with it the usual spate of sleep-related complications.
Last November, nearly 60% of California voters backed a ballot proposition to end twice-a-year clock changes, in part because of the havoc they wreak on sleep. State legislators followed with a billto put California on permanent Daylight Saving Time.
It passed the Assembly earlier this year but is now on hold until 2020. Assemblyman Kansen Chu (D-San Jose), who introduced the legislation, said he wanted more time to explore the option of going on permanent standard time.
Only two states — Arizona and Hawaii — do not move their clocks every spring and autumn. Both abandoned the system in the late 1960s, noting that their residents receive plenty of sunlight year round.
Other states, including Minnesota, Florida and several more, have considered legislation to remain on Daylight Saving Time year-round. Oregonalready passed a law to do so. But since legislators there wanted all the clocks on the West Coast showing the same time, their law is on hold until Washington and California do the same.
And to make the problem even more complicated, any state that jettisons biannual clock changing still needs approval from Congress.
The specifics of California's new school law reflect the complexity of any kind of change to the sleep patterns of Americans. The bill exempts some of the state's rural districts, makes allowances for optional "zero period" early classes, and is being phased in over three years.
A bill with similar provisions was rejected by lawmakers in 2017 andvetoed by then-Gov. Jerry Brown in 2018. Critics say local communities and school boards should be able to decide their own start times. And they argue that the law will disproportionately affect lower-income families, who cannot alter their morning work schedules to accommodate later rides to school — though some lucky parents may be able to get more sleep.
The momentum toward later starting times for students, who researchers say need close to nine hours of sleep a night, has been gathering for some time. And research in places that made the change has shown it is beneficial to students.
Many schools in the Minneapolis area moved back high school start times 20 years ago and found that students were generally more alert, less stressed and less likely to fall asleep in class.
In Kentucky's Jessamine County, a 2002 switch from 7:30 a.m. to 8:40 a.m. for high school students had several immediate effects, among themincreases in attendance and standardized test scores. Seattle in 2016 moved to an 8:45 a.m. start, nearly an hour later than the previous one; it has resulted in students getting more than a half-hour of extra sleep, according to research.Portsmouth, N.H., schools also moved to later start times the same year.
And there is some momentum at statewide levels, too. Days after Newsom signed the law, a legislator in Ohio introduced a bill that no school start before 8:30 a.m. — though its author was less concerned with sleep than with early-morning safety issues. Lawmakers in Indiana, South Carolina and New Jersey are also among those studying later start times.
The movement may ultimately make economic sense: Moving the first bell to 8:30 a.m. across America's middle and high schools could add $9.3 billion to the economy in the next year and $83 billion over a decade — all because of improved sleep, health and mental acuity, according to a study by the Rand Corp., the Santa Monica., Calif.-based think tank.
Well-established scientific research draws a direct line between less sleep and health — not just for developing adolescents, but for adults, too.
"The shorter your sleep, the shorter your life," University of California-Berkeley neuroscientist and sleep expert Matthew Walker wrote in his best-selling book, "Why We Sleep."
Despite this knowledge, however, "the trend is going the other way," said Aric Prather, associate professor of psychiatry at UC-San Francisco, who studies and works with patients on sleep-related problems.
The number of Americans who say they don't get even the minimum recommended seven hours of sleep per night has increased significantly since 2013, and nearly one-third of Americans now say they sleep six hours or less.
Chronic sleep disruption has been linked to a weakened immune system, low sex drive, loss of memory, increased likelihood of Type 2 diabetes, heart disease and impaired thinking, as well as higher risks of accidents, obesity, loneliness and low-grade depression.
Put it together, and those who habitually get too little sleep are going to wind up with shorter, unhappier lives.
Under pressure from the Republican-controlled Pennsylvania legislature to require Medicaid recipients to work as a condition for coverage, state health officials have devised a gentler approach to getting beneficiaries into jobs.
Starting early next year, the Pennsylvania Medicaid agency under Democratic Gov. Tom Wolf will ask people when they enroll if they want job training assistance. It will then require its private Medicaid managed-care organizations to connect those who want help to local employment specialists and follow up to make sure they got it.
Teresa Miller, the state human services secretary, predicts the strategy will get better results than strict work requirements. The Trump administration has approved requiring work in nine states, with requests from nine others pending. Arkansas is the only state to implement the requirements, and more than 18,000 enrollees there lost coverage from June 2018 to March 2019 — with little sign many found jobs.
Since then, a federal judge struck down the work requirements in Arkansas, Kentucky and New Hampshire. The Trump administration and the states are appealing the decision.
"I worry that, with its reporting rules, work requirements result in fewer people covered by Medicaid, and that is not our goal," Miller said. "Our goal is to try to get people out of poverty. If you take access to health care away for people not working, I'm not sure how that helps people get a job."
A handful of states are offering alternatives to get more enrollees into jobs to lift them out of poverty and off Medicaid, the federal-state health program for low-income residents.
In Montana, about 32,000 of the 95,000 adult enrollees who gained coverage when the state expanded Medicaid in 2016 have received employment services from the state, including 4,200 who received one-on-one employment training services.
In August, Louisiana began a pilot program to train Medicaid enrollees for jobs such as a nursing assistant, commercial driver and forklift operator. It expects 50 people to complete the training this year at a community college.
More states are expected to follow. "While currently only a small number of states are starting to more directly connect Medicaid with the workforce training systems, this is a trend that will soon expand to many more states," said Steve Bella, a Bend, Ore., health and workplace consultant.
Bobbi Stammers, 37, enrolled in Montana's Medicaid in 2017 and said the state's job training assistance helped her get a nursing degree this year. The program paid thousands of dollars for her education expenses and supplies, including for textbooks and lab fees, and even covered the cost of fixing her car.
Two months after getting her degree, Stammers has a job with full benefits as a registered nurse, which means her family no longer needs Medicaid.
"I am so thankful I did this program; it really helped me get through school," said Stammers, of Charlo, Mont.
She used student loans to pay tuition, but with her husband working as a self-employed truck driver, Stammers said, additional expenses were burdensome. "This program eased the way for sure," Stammers said.
Conservatives nationwide have pushed for work requirements since Medicaid expanded dramatically under the Affordable Care Act. That law allows states to use federal funds to provide coverage to all adults with incomes below 138% of the federal poverty level, or $17,230 for an individual. Before that, many states limited adult enrollment to pregnant women, parents and people with extremely low incomes.
Despite the focus on getting Medicaid enrollees into jobs, studies show most people on Medicaid already work, and many of the rest have some disability, go to school or are caring for a family member.
Connecting people with job training is part of a broader effort by some states to improve Medicaid enrollees' health beyond paying for doctor and hospital care, said Hannah Katch, a senior policy analyst with the Center on Budget and Policy Priorities, a left-leaning advocacy group. She said states are looking at other social determinants of health, including housing and food services.
Montana's effort has been successful, Katch said, because it surveys people about their job status and training needs and then uses caseworkers to get them into career programs. About 60% of Montana Medicaid enrollees surveyed said they are employed, and 70% expressed interest in learning about opportunities in part-time or full-time jobs. The top three barriers to employment were poor finances, a criminal conviction and lack of transportation, according to the surveys.
A study by the state found its job training program helped lead to a 6% increase in Medicaid expansion-eligible adults joining the workforce from 2016 to 2018.
Despite the success of Montana's voluntary program, conservative lawmakers earlier this year pushed through legislation requiring that the state apply to the Trump administration for a waiver to mandate that Medicaid enrollees find jobs to keep their coverage, as well as pay monthly premiums based on how long they are on the program.
Health policy experts in Montana fear the work requirement will unfairly punish people who fail to report their employment status.
"We are worried those who are working are going to be subject to some pretty strict reporting requirements in order to maintain their health coverage," said Heather O'Loughlin, co-director of research and development at the Montana Budget & Policy Center. "We know there will be a loss of coverage, leaving people in a worse position to take care of themselves."
Pennsylvania's effort to assess enrollees about their job training interest comes after the governor has twice vetoed legislation to enact work requirements. The legislature will take up the same bill this year.
Sen. David Argall, a Republican co-sponsor of the measure, said the state's effort on job training doesn't go far enough.
"What they are suggesting is a tiny step in the right direction, but we need to do so much more," Argall said.
"Everyone tells me we have tens of thousands of able-bodied Pennsylvania residents receiving Medicaid but not working, and we need to be more aggressive in encouraging them to reenter the workforce," he said. "We are not asking Great-Grandma to work in a coal mine. We are talking about guys in their 20s who need an extra push."
In response to a Kaiser Health News investigation into the University of Virginia Health System's aggressive collection practices, Senate Finance Committee Chairman Chuck Grassley (R-Iowa) sent a letter Thursday demanding answers to questions about UVA's billing practices, financial assistance policies and even its prices.
Over six years, the state institution filed 36,000 lawsuits against patients seeking a total of more than $106 million in unpaid bills, a KHN analysis finds.
The Finance Committee oversees federal tax laws, and Grassley wrote that it is "my job to make sure that entities exempt from tax are fulfilling their tax-exempt purposes."
The KHN investigation found that UVA Health System, a taxpayer-supported and state-funded entity, filed 36,000 lawsuits for more than $106 million in six years.
"Unfortunately, I have seen a variety of news reports lately discussing what appear to be relentless debt-collection efforts by tax-exempt hospitals, including UVA Health System," Grassley wrote. "I am also concerned about how patients' hospital bills get so high in the first place."
Even though the letter questions only UVA Health System, whose practices were pegged in the investigation as particularly aggressive, it sends a signal that the Senate will be paying attention to an issue that affects all state-run and nonprofit health systems. Many medical providers pursue patients for unpaid bills, sometimes forcing them into bankruptcy. Several news stories have highlighted similar collections practices at other nonprofit hospitals.
Nonprofit hospitals get big tax breaks in exchange for providing "charity care and community benefit," though there is no clear standard about what that should mean. Experts have questioned whether those breaks are deserved, given hospitals' pricing, billing and collections practices.
In the seven-page letter, Grassley asks 19 detailed questions on various topics, including the system's charity care (free or discounted care provided to low-income patients), debt collection policies, and its rationale for the litigation threshold of $1,000, enacted in 2017. Grassley asks specific questions about UVA's list of standard prices for procedures and equipment, commonly known as the "chargemaster," which is posted on its website.
The letter was addressed to CEO Pamela Sutton-Wallace, who will depart UVA Health System for NewYork-Presbyterian Hospital next month. UVA Health System has until Nov. 19 to respond.
"UVA is committed to assisting indigent and uninsured patients and making sure they receive all necessary care," UVA Health System spokesman Eric Swensen said in an email to KHN. "We will review the letter, and look forward to working with Sen. Grassley to respond to his questions and share with him the policy changes we have announced and started implementing over the past month to better serve our patients."
In response to KHN's investigation, UVA Health System swiftly vowed to change its policies to increase financial assistance, give bigger discounts to the uninsured and reduce its use of the legal system. However, KHN reported that some critics do not think the new policies go far enough.
Suit alleges that Group Health Cooperative claimed some patients were sicker than they were, and billed for medical conditions that patients didn't have.
This article was first published on Friday, October 18, 2019 in Kaiser Health News.
Group Health Cooperative in Seattle, one of the nation's oldest and most respected nonprofit health insurance plans, is accused of bilking Medicare out of millions of dollars in a federal whistleblower case.
Teresa Ross, a former medical billing manager at the insurer, alleges that it sought to reverse financial losses in 2010 by claiming some patients were sicker than they were, or by billing for medical conditions that patients didn't actually have. As a result, the insurer retroactively collected an estimated $8 million from Medicare for 2010 services, according to the suit.
Ross filed suit in federal court in Buffalo, N.Y., in 2012, but it remained under a court seal until July and is in the initial stages. The suit also names as defendants two medical coding consultants, consulting firm DxID of East Rochester, N.Y., and Independent Health Association, an affiliated health plan in Buffalo, N.Y. All denied wrongdoing in separate court motions filed late Wednesday to dismiss the suit.
The Justice Department has thus far declined to take over the case, but said in a June 21 court filing that "an active investigation is ongoing."
The whistleblower suit is one of at least 18 such cases documented by KHN that accuse Medicare Advantage managed-care plans of ripping off the government by exaggerating how sick its patients were. The whistleblower cases have emerged as a primary tool for clawing back overpayments. While many of the cases are pending in courts, five have recovered a total of nearly $360 million.
"The fraudulent practices described in this complaint are a product of the belief, common among MA organizations, that the law can be violated without meaningful consequence," Ross alleges.
Medicare Advantage plans are a privately run alternative to traditional Medicare that often offer extra benefits such as dental and vision coverage, but limit choice of medical providers. They have exploded in popularity in recent years, enrolling more than 22 million people, just over 1 in 3 of those eligible for Medicare.
Word of another whistleblower alleging Medicare Advantage billing fraud comes as the White House is pushing to expand enrollment in the plans. On Oct. 3, President Donald Trump issued an executive order that permits the plans to offer a range of new benefits to attract patients. One, for instance, is partly covering the cost of Apple Watches as an inducement.
Group Health opened for business more than seven decades ago and was among the first managed-care plans to contract with Medicare. Formed by a coalition of unions, farmers and local activists, the HMO grew from just a few hundred families to more than 600,000 patients before its members agreedto join California-based Kaiser Permanente. That happened in early 2017, and the plan is now called Kaiser Foundation Health Plan of Washington. (Kaiser Health News is not affiliated with Kaiser Permanente.)
In an emailed statement, a Kaiser Permanente spokesperson said: "We believe that Group Health complied with the law by submitting its data in good faith, relying on the recommendations of the vendor as well as communications with the federal government, which has not intervened in the case at this time."
Ross nods to the plan's history, saying it has "traditionally catered to the public interest, often highlighting its efforts to support low-income patients and provide affordable, quality care."
The insurer's Medicare Advantage plans "have also traditionally been well regarded, receiving accolades from industry groups and Medicare itself," according to the suit.
But Ross, who worked at Group Health for more than 14 years in jobs involving billing and coding, said that from 2008 through 2010 GHC "went from an operating income of almost $57 million to an operating loss of $60 million. Ross said the losses were "due largely to poor business decisions by company management."
The lawsuit alleges that the insurer manipulated a Medicare billing formula known as a risk score. The formula is supposed to pay health plans higher rates for sicker patients, but Medicare estimatesthat overpayments triggered by inflated risk scores have cost taxpayers $30 billion over the past three years alone.
According to Ross, a GHC executive attended a meeting of the Alliance of Community Health Plans in 2011 where he heard from a colleague at Independent Health about an "exciting opportunity" to increase risk scores and revenue. The colleague said Independent Health "had made a lot of money" using its consulting company, which specializes in combing patient charts to find overlooked diseases that health plans can bill for retroactively.
In November 2011, Group Health hired the East Rochester firm DxID to review medical charts for 2010. The review resulted in $12 million in new claims, according to the suit. Under the deal, DxID took a percentage of the claims revenue it generated, which came to about $1.5 million that year, the suit says.
Ross said she and a doctor who later reviewed the charts found "systematic" problems with the firm's coding practices. In one case, the plan billed for "major depression" in a patient described by his doctor as having an "amazingly sunny disposition." Overall, about three-quarters of its claims for higher charges in 2010 were not justified, according to the suit. Ross estimated that the consultants submitted some $35 million in new claims to Medicare on behalf of GHC for 2010 and 2011.
In its motion to dismiss Ross' case, GHC called the matter a "difference of opinion between her allegedly 'conservative' method for evaluating the underlying documentation for certain medical conditions and her perception of an 'aggressive' approach taken by Defendants."
Independent Health and the DxID consultants took a similar position in their court motion, arguing that Ross "seeks to manufacture a fraud case out of an honest disagreement about the meaning and applicability of unclear, complex, and often conflicting industry-wide coding criteria."
In a statement, Independent Health spokesman Frank Sava added: "We believe the coding policies being challenged here were lawful and proper and all parties were paid appropriately.
Whistleblowers sue on behalf of the federal government and can share in any money recovered. Typically, the cases remain under a court seal for years while the Justice Department investigates.
Dorothy Twigg was living on her own, cooking and walking without help until a dizzy spell landed her in the emergency room. She spent three days confined to a hospital bed, allowed to get up only to use a bedside commode. Twigg, who was in her 80s, was livid about being stuck in a bed with side rails and a motion sensor alarm, according to her cousin and caretaker, Melissa Rowley.
"They're not letting me get up out of bed," Twigg protested in phone calls, Rowley recalled.
In just a few days at the Ohio hospital, where she had no occupational or physical therapy, Twigg grew so weak that it took three months of rehab to regain the ability to walk and take care of herself, Rowley said. Twigg repeated the same pattern — three days in bed in a hospital, three months of rehab — at least five times in two years.
Falls remain the leading cause of fatal and nonfatal injuries for older Americans. Hospitals face financial penalties when they occur. Nurses and aides get blamed or reprimanded if a patient under their supervision hits the ground.
But hospitals have become so overzealous in fall prevention that they are producing an "epidemic of immobility," experts say. To ensure that patients will never fall, hospitalized patients who could benefit from activity are told not to get up on their own — their bedbound state reinforced by bed alarms and a lack of staff to help them move.
That's especially dangerous for older patients, often weak to begin with. After just a few days of bed rest, their muscles can deteriorate enough to bring severe long-term consequences.
"Older patients face staggering rates of disability after hospitalizations," said Dr. Kenneth Covinsky, a geriatrician and researcher at the University of San Francisco-California. His research found that one-third of patients age 70 and older leave the hospital more disabled than when they arrived.
The first penalties took effect in 2008, when the Centers for Medicare & Medicaid Services declared that falls in hospitals should never happen. Those penalties are not severe: If a patient gets hurt in a hospital fall, CMS still pays for the patient's care but no longer bumps up payment to a higher tier to cover treatment of fall-related conditions.
Still, Covinsky said that policy has created "a climate of fear of falling," where nurses "feel that if somebody falls on their watch, they'll be blamed for it." The result, he said, is "patients are told not to move," and they don't get the help they need. To make matters worse, he added, when patients grow weaker, they are more likely to get hurt if they fall.
Congress introduced stiffer penalties with the Affordable Care Act, and CMS began to reduce federal payments by 1% for the quartile of hospitals with the highest rates of falls and other hospital-acquired conditions. That's substantial because nearly a third of U.S. hospitals have negative operating margins, according to the American Hospital Association.
Nancy Foster, the AHA's vice president of quality and patient safety policy, said these policy changes sent "a strong signal to the hospital field about things CMS expected us to be paying attention to." Limiting patient mobility "certainly is a potential unintended consequence," she said. "It might have happened, but it's not what I'm hearing on the front line. They're getting people up and moving."
While hospitals are required to report falls, they don't typically track how often patients get up or move. One study conducted in 2006-07 of patients 65 and older who did not have dementia or delirium and were able to walk in the two weeks before admission foundthey spent, on average, 83% of their hospital stay in bed.
While lying there, older patients often find themselves tracked by alarms that bleep or shriek when they try to get up or move. These alarms are designed to alert nurses so they can supervise the patient to safely walk — but research has shown that the alarms don't prevent falls. Often stretched thin, nurses are deluged by many types of alarms and can't always dash to the bedside before a patient hits the ground.
Dr. Cynthia J. Brown, a professor at the University of Alabama at Birmingham, has identifiedcommon reasons older patients stay in bed: They feel too much pain, fatigue or weakness. They have IV lines or catheters that make it more difficult to walk. There's not enough staff to help them, or they feel they're burdening nurses if they ask for help. And walking down the hallway in flimsy gowns with messy hair can be embarrassing, she added.
Yet walking even a little can pay off. Older patients who walk just 275 steps a day in the hospital show lower rates of readmission after 30 days, researchhas found.
Across the country, efforts are afoot to encourage hospital patients to get up and move, often inside special wings called Acute Care for Elders that aim to maintain the independence of seniors and prevent hospital-acquired disabilities.
Another initiative, called the Hospital Elder Life Program, which is designed to reduce hospital-acquired delirium, also promotes mobility and has shown an added benefit of curtailing falls. In a study of HELP sites, there were no reported falls while staff or volunteers were helping patients move or walk.
Barbara King, an associate professor at the University of Wisconsin-Madison School of Nursing, studied how nurses responded to "intense messaging" from hospitals about preventing falls after the 2008 CMS policy change. She found that pressure to have zero patient falls made some nurses fearful. After a fall happened, some nurses adjusted their behavior and wouldn't let patients move on their own. CMS declined a request for an interview and did not directly answer a written question about whether its falls policy has limited patient mobility.
In 2015, King studied a nurse-driven effort to get more patients walking on a 26-bed hospital unit in the Midwest. The initiative, in which nurses encouraged patients to get out of bed and documented how often and how far they walked, boosted ambulation.
Hospitals still face barriers, such as the shortage of staff time, walking equipment and ways to record ambulation in electronic medical records, King said.
Getting more patients out of bed will also take a significant change in mindset, she said.
"If we think that a patient walking is a patient who will fall," King said, "we have to shift that culture."
Details have not been made public, and the parties declined to talk to reporters.
This story was first published on Wednesday, October 16, 2019 in Kaiser Health News.
By Jenny Gold
SAN FRANCISCO – Sutter Health has reached a tentative settlement agreement in a closely watched antitrust case brought by self-funded employers, and later joined by the California Attorney General’s Office. The agreement was announced in the San Francisco Superior Court Wednesday morning, just before opening arguments were expected to begin.
Details have not been made public, and the parties declined to talk to reporters. Superior Court Judge Anne-Christine Massullo told the jury that details will likely be made public during the approval hearings in February or March.
There were audible cheers from the jury following the announcement that the trial, which was expected to last for three months, would not continue.
Sutter stood accused of violating California’s antitrust laws by using its market power to illegally drive up prices. Health care costs in Northern California, where Sutter is dominant, are 20% to 30% higher than in Southern California, even after adjusting for cost of living, according to a 2018 study from the Nicholas C. Petris Center at the University of California-Berkeley cited in the complaint.
The case was a massive undertaking, representing years of work and millions of pages of documents, California Attorney General Xavier Becerra said before the trial. Sutter was expected to face damages of up to $2.7 billion. Sutter Health consistently denied the allegations and argued that it used its market power to improve care for patients and expand access to people in rural areas. The nonprofit chain has 24 hospitals, 34 surgery centers and 5,500 physicians across Northern California, and had $13 billion in operating revenue in 2018.
The case was expected to have nationwide implications on how hospital systems negotiate prices with insurers. It is not yet clear what effect, if any, a settlement agreement would have on Sutter’s tactics or those of other large systems.