The CVS representative popped into Lisa Trumble's third-floor Berkshire Medical Center hospital room in Pittsfield, Massachusetts, to announce that everything was arranged for Trumble to return home, where she relies on IV nutrition because of severe intestinal problems that leave her unable to eat.
That was on Tuesday, Oct. 8. The next morning a social worker and a doctor woke Trumble to say her discharge was canceled. CVS would no longer provide her home nutrition, and she had to stay in the hospital. A week later, "I'm still here," she said by telephone Wednesday. "I was dropped between Tuesday night and Wednesday morning with no care for my life or my health."
Trumble is not the only one in crisis. She's among 25,000 U.S. patients who depend on parenteral nutrition, or PN — IV bags containing life-sustaining amino acids, sugars, fats, vitamins, and electrolytes. Hurricane Helene wrecked a factory in North Carolina that produced 60% of the fluids their sustenance is mixed from. About two weeks later, CVS announced that its Coram division, a leading infusion pharmacy, was exiting the PN and IV antibiotics business.
The hurricane led Baxter International to ration its dwindling supplies. Pharmacies that supply Trumble and other patients like her were already plagued by shortages, and the rationing means the remaining infusion pharmacies can't take on the customers cut off by CVS, said David Seres, director of medical nutrition at Columbia University Medical Center in New York.
At the Mayo Clinic in Rochester, Minnesota, seven or eight patients were ready to go home Tuesday but couldn't be discharged because no infusion company would accept them, said Manpreet Mundi, a Mayo endocrinologist. The patients would fall ill within a day or two without this nutrition, he said.
Although the FDA is allowing emergency imports of IV fluids wiped out by Helene, as well as production of some of the fluids by U.S. compounding pharmacies, it's unclear how long it will take to replenish supplies, said Mundi, who is a board member of the American Society for Parenteral and Enteral Nutrition and medical adviser to the Oley Foundation, which advocates for PN patients. "We're trying to raise awareness that this could get worse before it gets better," he said.
The patients who rely on PN have a variety of conditions that render them unable to digest food. Some have congenital abnormalities or disorders like Crohn's disease that led to surgical removal of bowel sections. Others were scarred by cancer, car accidents, or gunfire, or are preemies born with underdeveloped intestines. In most patients, the fluid is pumped through a catheter into a large vein near the heart.
A crisis hit this community two years ago when CVS Health announced that it was shutting half of the 71 Coram pharmacies.
CVS, which recently announced nearly 3,000 layoffs amid reports of a possible restructuring, on Oct. 8 began telling its remaining 800 to 1,000 PN customers that they would have to find other infusion pharmacies. A news release provided to KFF Health News suggested the phaseout would last into January, but for patients like Trumble, the impact was immediate.
Highly specialized infusion medicine is "a challenging environment" for all companies "and Coram has not been immune to these challenges," the CVS release said. "As such, we have reevaluated our service offerings."
As far as Trumble, CVS Health spokesperson Mike DeAngelis said, "We'll look into this matter and try to resolve it."
It's hard enough normally for such patients to find new suppliers for their materials, which can include 120 pounds of IV fluid per week.
Coram's departure "made a big crisis that much worse," Mundi said. "It's become kind of a double whammy."
The Baxter International North Cove plant produced most of the country's high-concentration dextrose, a major source of energy for PN patients, as well as saline solution and sterile water, also vital supplies. A week after Helene hit, Hurricane Milton threatened sterile IV fluid supplier B. Braun Medical's facility in Daytona Beach, Florida. The federal government helped truck 60 loads of the company's inventory to a safe location, but the plant was spared the storm's worst. It restarted production on Oct. 11.
That was a huge relief for Beth Gore, CEO of the Oley Foundation. She, her husband, and their six adopted children braved the storm's seven hours of lashing wind in their home near Ruskin, Florida. Milton wrecked a car and part of the roof, but the family prayed through it all and somehow never lost power, though their neighbors did, Gore said. That kept the IV fluids fresh and the internet on, which calmed the kids.
Coram has supplied her youngest son, 15-year-old Manny, with PN for 13 years, and the family will need to find another supplier, she said.
"There's been no relief" since Coram reduced its services in 2022, Gore said. "Now there's this new twist."
Her son gets care through Medicaid, whose reimbursement provides barely break-even margins for many infusion pharmacies, she said. Insurance limits, state licensing differences, and highly specific nutritional needs pose challenges for patients seeking new IV suppliers in the best of times, she said.
The FDA announced Oct. 9 that it would allow Baxter to import emergency supplies from Canada, China, Ireland, and the U.K. In the meantime, Baxter is prioritizing hospital patients over the home infusion companies — which lack backup supplies, Mundi said.
"We're all on the phone 24/7," said Kathleen Gura, president-elect of the American Society for Parenteral and Enteral Nutrition and pharmacy clinical research program manager at Boston Children's Hospital. Her team is struggling to find new suppliers of IV nutrition at home for the 20 Coram patients among the 150 she sees.
"Some kids have a situation where they can't absorb at all through their intestines and will die of dehydration if they can't get IV," Gura said.
The IV fluids lost in the Baxter disaster are key to all kinds of inpatient care. Many U.S. hospitals are conserving fluid by giving some patients oral hydration instead of IVs, or by delaying surgeries, said Soumi Saha, senior vice president of government affairs at Premier, which negotiates group hospital purchases.
President Joe Biden has invoked the Defense Production Act, which will enable the government to order companies to prioritize rebuilding the Baxter plant.
The military is flying in supplies from Baxter plants overseas, Saha said. Premier has also asked the FDA to put several more PN ingredients on its shortage list, which would allow large compounding facilities to produce the materials.
Ellie Rogers, 17, of Simpsonville, South Carolina, fears the worst if she can't get her supplies. She suffers from a host of immunological and neurological ailments that require her to get four liters of IV fluid daily to stay alive, she said.
Her supplier, an Option Care Health pharmacy in South Carolina, informed the family Oct. 14 that instead of her weekly supply it was sending her enough bags for a day or two. "They really don't know when they're going to get what they need," she said. Reducing the infusions in the past has led to dizziness, nausea, and pooling of her blood that "felt like my veins were going to explode."
On Oct. 7, Crohn's disease patient Hannah Hale's infusion pharmacy called and said it couldn't fill her standing weekly order of IV bags, urging her to find a new pharmacy.
"I called 14 infusion pharmacies and haven't been able to find anyone to take me," said the Dallas 37-year-old. She suffers from weight loss and low blood sugar, and rationing her supplies raises dangers of seizures or coma, she said.
Trumble, 52, who started on PN 13 months ago because of colon cancer and severe intestinal issues, said she's grateful to the hospital and gets excellent care but misses her mother, son, and 8-year-old grandson, Jordan — and her cats.
What's worse, Trumble said, her mother and son, who get Medicaid payments to care for her, haven't been paid the two weeks she has been in the hospital.
But without IV nutrition at home, she said, "I'd starve."
When Lyft driver Tramaine Carr transports seniors and sick patients to hospitals in Atlanta, she feels like both a friend and a social worker.
"When the ride is an hour or an hour and a half of mostly freeway driving, people tend to tell you what they're going through," she said.
Drivers such as Carr have become a critical part of the medical transportation system in Georgia, as well as in Washington, D.C., Mississippi, Arizona, and elsewhere. While some patients use transportation companies solely dedicated to medical rides or nonemergency ambulance rides to get to their appointments, the San Francisco-based ride-hailing companies Uber and Lyft are also ferrying people to emergency rooms, kidney dialysis, cancer care, physical therapy, and other medical visits.
But Georgia ride-hail drivers aren't only serving patients living in Atlanta or its sprawling suburbs. When rural Georgians are too sick to drive themselves, Uber or Lyft is often one of the only ways to reach medical care in the state capital.
Rural hospital closures in Georgia have meant people battling cancer and other serious illnesses must now commute two or more hours to treatment facilities in Atlanta, said Bryan Miller, director of psychosocial support services at the Atlanta Cancer Care Foundation, a medical practice offshoot that seeks to alleviate financial burdens for cancer patients and their families.
From April 2022 to April 2024, Lyft drivers completed thousands of rides that were greater than 50 miles each way and that began or ended at Atlanta-area medical treatment centers, including the Winship Cancer Institute of Emory University and Emory University Hospital Midtown, according to Lyft.
While 75% of those trips were under 100 miles, the company said, 21% of them were between 100 and 200 miles and 4% were over 200, showing that even Georgians who live hours away from metro Atlanta rely on the ride-hail platform to reach medical care there.
Uber Health global head Zachary Clark declined to provide comparable ridership data. Uber Health is a division of Uber that organizes medical transportation for some Medicaid and Medicare recipients, health care workers, prescription drug delivery, and others seeking reimbursement for medical-related Uber rides, according to Uber's website.
Lyft also has a health care division, offering programs such as Lyft Assisted and Lyft Concierge to coordinate rides for patients.
Nationwide, some insurance companies and cancer treatment centers, plus Medicare Advantage and state Medicaid plans, pay for such ride-hailing services, often with the goal of reducing missed appointments, according to Krisda Chaiyachati, an adjunct assistant professor at the University of Pennsylvania medical school.
In 2024, 36% of individual Medicare Advantage plans and 88% of special needs plans offered transportation services, said Jeannie Fuglesten Biniek, associate director of Medicare policy at KFF, the health policy research, polling, and news organization that includes KFF Health News. A special needs plan provides extra benefits to Medicare recipients who have severe and chronic diseases or certain other health care needs, or who also have Medicaid.
And Medicaid — the federal-state government safety net insurance plan for those with low incomes or disabilities — paid for up to 4 million beneficiaries to use nonemergency medical transportation services annually from 2018 through 2021, according to a Department of Health and Human Services report. Patients residing in rural areas used ride-hailing and other nonemergency transportation providers at the highest rates, the report said.
The estimated total federal and state investment in nonemergency medical transportation was approximately $5 billion in 2019, according to a study by the Texas A&M University Transportation Institute.
Even with some insurance covering trips or charities offering ride credits, social workers say, many ailing patients are still left without a ride. Nationwide, 21% of adults without access to a vehicle or public transit went without needed medical care in 2022, according to a study by the Robert Wood Johnson Foundation. People who lacked access to a vehicle but had access to public transit were less likely to skip needed care.
The data analytics company Geotab ranked Atlanta as tied for second worst in the nation when it comes to the accessibility of its public transportation network.
"The ability to get to a doctor's appointment can be a barrier to care," said Rochelle Schube, a cancer support group facilitator in Atlanta. "If I give a patient $250 in Uber cards and they live far away, that gets spent quickly."
The fact that Uber and Lyft are harder to come by in rural America compounds the lack of medical access in those areas. "When you move to rural areas — which you could argue have a higher need — you see fewer services," Chaiyachati said.
Finding drivers who are able and willing to provide medical transportation can be a challenge. The Atlanta-based start-up MedTrans Go connects patients and health care providers with vetted drivers, many offering wheelchair or stretcher rides, in Georgia and 16 other states. Many of its drivers have medical training, walk patients to and from medical facilities or their homes, and can handle complex situations for vulnerable patients, said Dana Weeks, the company's co-founder and CEO.
The company's app can also dispatch directly to Uber or Lyft for patients who do not need specialized assistance, she said.
Uber and Lyft trips can save patients and insurers money, costing a fraction of the typical fee for an ambulance ride, said David Slusky, an economics professor at the University of Kansas who has studied the impact of ride-hailing services on medicine.
But instead of all of that, argued Timothy Crimmins, a history professor emeritus at Georgia State University and a former director of the school's neighborhood-studies center, the best solution would be for Georgia to expand Medicaid, so more rural hospitals would be able to remain open and Georgians could seek medical care close to home.
The decision by Georgia lawmakers to not accept a federally funded expansion of Medicaid has left more than 1.4 million Georgians without health insurance, according to KFF — and that hurts rural hospitals when those patients use the medical facilities and cannot pay their bills. In Georgia, 10 rural hospitals have either closed or ceased their inpatient care operations since 2010, according to a 2024 report from health care consultant Chartis, and 18 more are in danger of shuttering.
Until more patients are insured, Crimmins said, the state should subsidize Uber and Lyft trips for less prosperous Georgians who need help reaching medical care in Atlanta. "We might be talking about $100 to $150 round-trip," he said. "That can be subsidized."
Still, ferrying around patients is not for every ride-hail driver. Damian Durand said his Chevrolet Equinox SUV is large enough to accommodate a medical passenger requiring a wheelchair, but he isn't paid extra to transport those with medical needs. He said some of his recent passengers in Atlanta have been Medicaid recipients with mental health conditions or disabilities.
"It can be stressful," he said. "I do feel like Uber and Lyft are trying to catch me off guard. When I can see that the ride is going to the hospital, I try to avoid or cancel the ride."
While Durand's experience with medical transport has been mostly negative, Carr loves the work and appreciates being able to help older Georgians, who she said often tip her well. For her, ride-hail work remains a good option even when it entails medical calls.
"It's not stressful for me," she said. "I worked a good 20 years in customer service. For me, human connection is important. I tried to work from home, and I really didn't like it. I prefer this because I can connect with people."
674 buildings, spread across 251 licensed hospitals — do not meet standards that require hospitals to remain functional in the event of a major earthquake.
This article was published on Tuesday, October 15, 2025 in KFF Health News.
More than half of the 410 hospitals in California have at least one building that likely wouldn't be able to operate after a major earthquake hit their region, and with many institutions claiming they don't have the money to meet a 2030 legal deadline for earthquake retrofits, the state is now granting relief to some while ramping up pressure on others to get the work done.
Gov. Gavin Newsom in September vetoed legislation championed by the California Hospital Association that would have allowed all hospitals to apply for an extension of the deadline for up to five years. Instead, the Democratic governor signed a more narrowly tailored bill that allows small, rural, or "distressed" hospitals to get an extension of up to three years.
"It's an expensive thing and a complicated thing for hospitals — independent hospitals in particular," said Elizabeth Mahler, an associate chief medical officer for Alameda Health System, which serves Northern California's East Bay and is undertaking a $25 million retrofit of its hospital in Alameda, on an island beside Oakland.
The debate over how seismically safe California hospitals should be dates to the 1971 Sylmar quake near Los Angeles, which prompted a law requiring new hospitals to be built to withstand an earthquake and continue operating. In 1994, after the magnitude 6.7 Northridge quake killed at least 57 people, lawmakers required existing facilities to be upgraded.
The two laws have left California hospitals with two sets of standards to meet. The first — which originally had a deadline of 2008 but was pushed to 2020 — required hospital buildings to stay standing after an earthquake. About 20 facilities have yet to meet that requirement for at least one of their buildings, although some have received extensions from the state.
Many more — 674 buildings, spread across 251 licensed hospitals — do not meet the second set of standards, which require hospital facilities to remain functional in the event of a major earthquake. That work is supposed to be done by 2030.
"The importance of it is hard to argue with," said Jonathan Stewart, a professor at UCLA's Samueli School of Engineering, citing a 2023 earthquake in Turkey that damaged or destroyed multiple hospitals. "There were a number of hospitals that were intact but not usable. That's better than a collapsed structure. But still not what you need at a time of emergency like that."
The influential hospital industry has unsuccessfully lobbied lawmakers for years to extend the 2030 deadline, though the state has granted various extensions to specific facilities. Newsom's signature on one of the three bills addressing the issue this year represents a partial victory for the industry.
Hospital administrators have long complained about the steep cost of seismic retrofits.
"While hospitals are working to meet these requirements, many will simply not make the 2030 deadline and be forced by state law to close," wrote Carmela Coyle, president and CEO of the California Hospital Association, in a letter to Newsom before he vetoed the CHA bill. A 2019 Rand Corp. study paid for by the CHA pinned the price of meeting the 2030 standards at between $34 billion and $143 billion statewide.
Labor unions representing nurses and other medical workers, however, say the hospitals have had plenty of time to get their buildings into compliance, and that most have the money to do so.
"They've had 30 years to do this," Cathy Kennedy, a nurse in Roseville and one of the presidents of the California Nurses Association, said in an interview prior to the governor's action. "We are kicking the can down the road year after year, and unfortunately, lives are going to be lost."
In his veto message on the CHA bill, Newsom wrote that a blanket five-year extension wasn't justified, and that any extension "should be limited in scope, granted only on a case-by-case basis to hospitals with demonstrated need and a clear path to compliance, and in combination with strong accountability and enforcement mechanisms."
He also vetoed a bill directed specifically at helping several hospitals operated by Providence, a Catholic hospital chain.
But he signed a third bill, which allows small, rural, and "critical access" hospitals, and some others, to apply for a three-year extension, and directs the Department of Health Care Access and Information to offer them "technical assistance" in meeting the deadline.
The state designates 37 hospitals as providing "critical access," while 56 are considered "small," meaning they have fewer than 50 beds, 59 are considered "rural," and 32 are "district" hospitals, meaning they are funded by special government entities called "health care districts." They can seek a three-year extension as long as they submit a seismic compliance plan and identify milestones for implementing it.
Debi Stebbins, executive director of the Alameda Health Care District, which owns the Alameda Hospital buildings, said small hospitals face a big challenge. Even though Alameda is very close to San Francisco and Oakland, the tunnels, bridges, and ferries that connect it to the mainland could easily be shut in an emergency, making the island's hospital a lifeline.
"It's an unfunded mandate," Stebbins said of the state's 2030 deadline.
The Rand study estimated the average cost of a retrofit at more than $92 million per building, but the amount could vary greatly depending on whether it's a building that houses hospital beds.
Small and rural hospitals can get some aid from the state via grants financed by the California Electronic Cigarette Excise Tax, but HCAI spokesperson Andrew DiLuccia said it would yield just $2-3 million total annually. He added that the Small and Rural Hospital Relief Program has also received a one-time infusion of $50 million from a tax on health insurers to help with the seismic work.
Labor unions and critics of the extensions often point to the large profits that some hospitals reap: A California Health Care Foundation report published in August found that California's hospitals made $3.2 billion in profit during the first quarter of 2024. The study notes that there "continues to be wide variation in financial performance among hospitals, with the bottom quartile showing a net income margin of -5%, compared to +13% for the top quartile."
Stebbins has had to help her district figure out a plan.
After Newsom vetoed a bill in 2022 that would have granted an extension on the seismic retrofit deadline specifically for Alameda Hospital, the hospital system and its partner health care district used parcel tax money to help back a loan.
The cost to retrofit will be about $25 million, and the system is also investing millions more into other projects, such as a new skilled nursing facility. The construction work is set to be completed in 2027.
"No one wants things crashing in an earthquake or anything else, but at the same time, it's a burden," Mahler, the Alameda Health System associate chief medical officer, said. "How do we make sure that they get what they need to stay open?"
Most employers have little idea what the pharmacy benefit managers they hire do with the money they exchange for the medications used by their employees, according to a KFF survey released Wednesday morning.
In KFF's latest employer health benefits survey, company officials were asked how much of the rebates collected from drugmakers by pharmacy benefit managers, or PBMs, is returned to them. In recent years, the pharmaceutical industry has tried to deflect criticism of high drug prices by saying much of that income is siphoned off by the PBMs, companies that manage patients' drug benefits on behalf of employers and health plans.
PBM leaders say they save companies and patients billions of dollars annually by obtaining rebates from drugmakers that they pass along to employers. Drugmakers, meanwhile, say they raise their list prices so high in order to afford the rebates that PBMs demand in exchange for placing the drugs on formularies that make them available to patients.
Leaders of the three largest PBMs — CVS Caremark, Optum RX and Express Scripts — all testified in Congress in July that 95% to 98% of the rebates they collect from drugmakers flow to employers.
For KFF's survey of 2,142 randomly selected companies, officials from those with 500 or more employees were asked how much of the rebates negotiated by PBMs returned to the company as savings. About 19% said they received most of the rebates, 27% said some, and 16% said little. Thirty-seven percent of the respondents didn't know.
While a larger percentage of officials from the largest companies said they got most or some of the rebates, the answers — and their contrast with the testimony of PBM leaders — reflect the confusion or ignorance of employers about what their drug benefit managers do, said survey leader Gary Claxton, a senior vice president at KFF, a health information nonprofit that includes KFF Health News.
"I don't think they can ever know all the ways the money moves around because there are so many layers, between the wholesalers and the pharmacies and the manufacturers," he said.
Critics say big PBMs — which are parts of conglomerates that include pharmacies, providers, and insurers — may conceal the size of their rebates by conducting negotiations through corporate-controlled rebate aggregators, or group purchasers, mostly based overseas in tax havens, that siphon off a percentage of the cash before it goes on the PBMs' books.
PBMs also make money by encouraging or requiring patients to use affiliated specialty pharmacies, by skimping on payments to other pharmacies, and by collecting extra cash from drug companies through the federal 340B drug pricing program, which is aimed at lowering drug costs for low-income patients, said Antonio Ciaccia, CEO of 46brooklyn Research.
The KFF survey indicates how little employers understand the PBMs and their pricing policies. "Employers are generally frustrated by the lack of transparency into all the prices out there," Claxton said. "They can't actually know what's true."
Billionaire Mark Cuban started a company to undercut the PBMs by selling pharmaceuticals with transparent pricing policies. He tells Fortune 500 executives he meets, "You're getting ripped off, you're losing money because it's not your core competency to understand how your PBM and health insurance contracts work," Cuban told KFF Health News in an interview Tuesday.
Ciaccia, who has conducted PBM investigations for several states, said employers are not equipped to understand the behavior of the PBMs and often are surprised at how unregulated the PBM business is.
"You'd assume that employers want to pay less, that they would want to pay more attention," he said. "But what I've learned is they are often underequipped, underresourced, and oftentimes not understanding the severity of the lack of oversight and accountability."
Employers may assume the PBMs are acting in their best interest, but they don't have a legal obligation to do so.
Prices can be all over the map, even those charged by the same PBM, Ciaccia said. In a Medicaid study he recently conducted, a PBM was billing employers anywhere from $2,000 to $8,000 for a month's worth of imatinib, a cancer drug that can be bought as a generic for as little as $30.
PBM contracts often guarantee discounts of certain percentage points for generics and brand-name drugs. But the contracts then contain five pages of exclusions, and "no employer will know what they mean," Ciaccia said. "That person doesn't have enough information to have an informed opinion."
The KFF survey found that companies' annual premiums for coverage of individual employees had increased from an average of $7,739 in 2021 to $8,951 this year, and $22,221 to $25,572 for families. Among employers' greatest concerns was how to cover increasingly popular weight loss drugs that list at $2,000 a month or more.
Only 18% of respondents said their companies covered drugs such as Wegovy for weight loss. The largest group of employers offering such coverage — 28% — was those with 5,000 or more employees.
Dave Lantz is no stranger to emergency department or doctor bills. With three kids in their teens and early 20s, "when someone gets sick or breaks an arm, all of a sudden you have thousand-dollar medical bills," Lantz said.
The family's health plan that he used to get as the assistant director of physical plant at Lycoming College, a small liberal arts school in central Pennsylvania, didn't start to cover their costs until they had paid $5,600 in medical bills. The Lantzes were on the hook up to that annual threshold. The high-deductible plan wasn't ideal for the family of five, but it was the only coverage option available to them.
Things are very different now. In mid-2022, the college ditched its group health plan and replaced it with a new type of plan — an individual coverage health reimbursement arrangement, or ICHRA.
Now Lantz gets a set amount from his employer every month that he puts toward a family plan on the individual insurance market. He opted for a zero-deductible plan with a richer level of coverage than the group plan. Though its $790 monthly premium is higher than the $411 he used to pay, he ends up saving money overall by not having to pay down that big deductible. Plus, he now has more control over his health spending.
"It's nice to have the choice to balance the high deductible versus the higher premium," Lantz said. Before, "it was tough to budget for that deductible."
As health insurance costs continue to rise, employers are eyeing this type of health reimbursement arrangement to control their health care spending while still providing a benefit that workers value. Some consumer advocates are concerned the plans could result in skimpier, pricier coverage for certain consumers, especially sicker, older ones.
The plans allow employers to make tax-preferred contributions to employees to use to buy coverage on the individual market. Employers thus limit their financial exposure to rising health care costs. Everybody wins, say backers of the plans, which were established in 2019 as part of a group of proposals the Trump administration said would increase health insurance choice and competition.
"It's a way to offer coverage to more diverse employee groups than ever before and set a budget that controls costs for the companies," said Robin Paoli, executive director of the HRA Council, an advocacy group.
Some health insurance specialists say the plans aren't necessarily a good option for consumers or the individual insurance market. Even though the rules prevent employers from offering this type of coverage to specific workers who may be sicker and more expensive to cover than others, employers with relatively unhealthy workforces may find the arrangements appealing. This, in turn, may drive up premiums in the individual market, according to an analysis by the University of Southern California-Brookings Schaeffer Initiative for Health Policy.
Plans sold on the individual market often have smaller provider networks and higher deductibles than employer-sponsored coverage. Premiums are often higher than for comparable group coverage. Workers, especially lower-wage ones, might be better off financially with premium tax credits and cost-sharing reductions to buy an Affordable Care Act marketplace plan, but using the work-based ICHRA benefit would disqualify them.
"From a worker perspective, the largest impact is that being offered affordable coverage by your employer makes you ineligible for marketplace subsidies," said Matthew Fiedler, a senior fellow at the Brookings Institution who co-authored the analysis of the rule establishing the plans.
The plans are currently offered to only a tiny slice of workers: an estimated 500,000 of the roughly 165 million people with employer-sponsored coverage, according to the HRA Council. But interest is growing. The number of employers offering ICHRAs and an earlier type of plan, called qualified small-employer HRAs, increased 29% from 2023 to 2024, according to the council. And, although small employers have made up the bulk of adopters to date, larger employers with at least 50 workers are the fastest-growing cohort.
"The [traditional group] health insurance cornerstone from 60 years ago has outlived its usefulness," said Matt Miller, whose Headwater Ventures has invested in the ICHRA administrator Venteur. "The goal is to ensure people have coverage, detaching it from the employment construct and making it portable."
Employers can offer this type of health reimbursement arrangement to some classes of employees and group plans to others based on characteristics such as geography, full-time vs. part-time status, or salaried vs. hourly pay.
Lycoming College wasn't aiming to be on the cutting edge when it made this coverage switch. Faced with a 60% premium increase after some members had high claims, the school, which covers roughly 400 faculty and staff and their family members, needed to look at alternatives, said Kacy Hagan, its associate vice president for human resources and compliance.
In the end, they opted to offer ICHRA coverage to any employee who worked at least 30 hours a week.
In the first year of offering the new benefit, the college saved $1.4 million in health care costs over what they would have spent if they'd stayed with its group plan. Employees saved an average of $1,200 each in premiums.
"The finance folks really like it," Hagan said. As for employees, "from a cost standpoint, people tend to be pretty happy with it, and people really like having a choice of plans," she said. However, there have been issues with the plan's administration. Some employees' coverage was dropped and had to be reinstated, she said. Those problems have been largely resolved since they switched plan administrators this year.
This coverage arrangement can be complicated to manage. Instead of a company paying one group health plan premium, dozens of individual health insurers may need to be paid. And employees who've never shopped for a plan before need help figuring out what coverage works for them and signing up.
The complexity can be off-putting. This year, a number of companies that have tried this type of health reimbursement arrangement decided they'd rather go back to a group plan, said Tim Hebert, managing partner of Sage Benefit Advisors, based in Fort Collins, Colorado.
"They say, 'Employees are all over the place in different plans, and they don't feel like they're being taken care of,'" Hebert said.
Vendors continue to crop up to help employers like Lycoming College and their workers manage their plans.
"If you just say, 'Here's $1,000,' it's extremely discombobulating and confusing," said Jack Hooper, CEO of Take Command Health, which now administers the Lycoming ICHRA.
It's unclear whether the plans will take off or remain a niche product.
"It's a big disrupter, like 401(k)s," said Mark Mixer, board chair of the HRA Council and CEO of HealthOne Alliance in Dalton, Georgia. Still, it's not for everyone. "It's simply another tool that employers should consider. When it fits, do it."
Federal officials resolved more than a decade ago to crack down on whopping government overpayments to private Medicare Advantage health insurance plans, which were siphoning off billions of tax dollars every year.
But Centers for Medicare & Medicaid Services officials have yet to demand any refunds — and over the years the private insurance plans have morphed into a politically potent juggernaut that has signed up more than 33 million seniors and is aggressively lobbying to stave off cuts.
Critics have watched with alarm as the industry has managed to deflate or deflect financial penalties and steadily gain clout in Washington through political contributions; television advertising, including a 2023 Super Bowl feature; and other activities, including mobilizing seniors. There's also a revolving door, in which senior CMS personnel have cycled out of government to take jobs tied to the Medicare Advantage industry and then returned to the agency.
Sen. Chuck Grassley (R-Iowa) said Medicare Advantage fraud "is wasting taxpayer dollars to the tune of billions."
"The question is, what's CMS doing about it? The agency must tighten up its controls and work with the Justice Department to prosecute and recover improper payments," Grassley said in a statement to KFF Health News. "Clearly that's not happening, at least to the extent it should be."
David Lipschutz, an attorney with the Center for Medicare Advocacy, a nonprofit public interest law firm, said policymakers have an unsettling history of yielding to industry pressure. "The health plans throw a temper tantrum and then CMS will back off," he said.
Government spending on Medicare Advantage, which is dominated by big health insurance companies, is expected to hit $462 billion this year.
New details of the government's failure to rein in Medicare Advantage overcharges are emerging from a Department of Justice civil fraud case filed in 2017 against UnitedHealth Group, the insurer with the most Medicare Advantage enrollees. The case is pending in Los Angeles. The DOJ has accused the giant insurer of cheating Medicare out of more than $2 billion by mining patient records to find additional diagnoses that added revenue while ignoring overcharges that might have reduced bills. The company denies the allegations and has filed a motion for summary judgment.
Records from the court case are surfacing as the Medicare Advantage industry ramps up spending on lobbying and public relations campaigns to counter mounting criticism.
"We recognize this is a critical moment for Medicare Advantage," said Rebecca Buck, senior vice president of communications for the Better Medicare Alliance, which styles itself as "the leading voice for Medicare Advantage."
Buck said initiatives aimed at slashing government payments may prompt health plans to cut vital services. "Seniors are saying loud and clear: They can't afford policies that will make their health care more expensive," she said. "We want to make sure Washington gets the message."
AHIP, a trade group for health insurers, also has launched a "seven-figure" campaign to promote its view that Medicare Advantage provides "better care at a lower cost," spokesperson Chris Bond said.
Revolving Door
CMS, the Baltimore-based agency that oversees Medicare, has long felt the sting of industry pressure to slow or otherwise stymie audits and other steps to reduce and recover overpayments. These issues often attract little public notice, even though they can put billions of tax dollars at risk.
In August, KFF Health News reported how CMS officials backed off a 2014 plan to discourage the health plans from overcharging amid an industry "uproar." The rule would have required that insurers, when combing patients' medical records to identify underpayments, also look for overcharges. Health plans have been paid billions of dollars through the data mining, known as "chart reviews," according to the government.
The CMS press office declined to respond to written questions posed by KFF Health News. But in a statement, it called the agency a "good steward of taxpayer dollars" and said in part: "CMS will continue to ensure that the MA program offers robust and stable options for people with Medicare while strengthening payment accuracy so that taxpayer dollars are appropriately spent."
Court records from the UnitedHealth case show that CMS efforts to tighten oversight stalled amid years of technical protests from the industry — such as arguing that audits to uncover overpayments were flawed and unfair.
In one case, Jeffrey Grant, a CMS official who had decamped for a job supporting Medicare Advantage plans, protested the audit formula to several of his former colleagues, according to a deposition he gave in 2018.
Grant has since returned to CMS and now is deputy director for operations at the agency's Center for Consumer Information and Insurance Oversight. He declined to comment.
At least a dozen witnesses in the UnitedHealth case and a similar DOJ civil fraud case pending against Anthem are former ranking CMS officials who departed for jobs tied to the Medicare Advantage industry.
Marilyn Tavenner is one. She led the agency in 2014 when it backed off the overpayment regulation. She left in 2015 to head industry trade group AHIP, where she made more than $4.5 million during three years at the helm, according to Internal Revenue Service filings. Tavenner, who is a witness in the UnitedHealth case, had no comment.
And in October 2015, as CMS department chiefs were batting around ideas to crack down on billing abuses, including reinstating the 2014 regulation on data mining, the agency was led by Andy Slavitt, a former executive vice president of the Optum division of UnitedHealth Group. The DOJ fraud suit focuses on Optum's data mining program.
In the legal proceedings, Slavitt is identified as a "key custodian regarding final decision making by CMS" on Medicare Advantage.
"I don't have any awareness of that conversation," Slavitt told KFF Health News in an email. Slavitt, who now helps run a health care venture capital firm, said that during his CMS tenure he "was recused from all matters related to UHG."
'Improper' Payments
CMS officials first laid plans to curb escalating overpayments to the insurers more than a decade ago, according to documents filed in August in the UnitedHealth case.
In a January 2012 presentation, CMS officials estimated they had made $12.4 billion worth of "improper payments" to Medicare Advantage groups in 2009, mostly because the plans failed to document that patients had the conditions the government paid them to treat, according to the court documents.
As a remedy, CMS came up with an audit program that selected 30 plans annually, taking a sample of 201 patients from each. Medical coders checked to make sure patient files properly documented health conditions for which the plans had billed.
The 2011 audits found that five major Medicare Advantage chains failed to document from 12.3% to 25.8% of diagnoses, most commonly strokes, lung conditions, and heart disease.
UnitedHealth Group, which had the lowest rate of unconfirmed diagnoses, is the only company named in the CMS documents in the case file. The identities of the four other chains are blacked out in the audit records, which are marked as "privileged and confidential."
In a May 2016 private briefing, CMS indicated that the health plans owed from $98 million to $163 million for 2011 depending on how the overpayment estimate was extrapolated, court records show.
But CMS still hasn't collected any money. In a surprise action in late January 2023, CMS announced that it would settle for a fraction of the estimated overpayments and not impose major financial penalties until 2018 audits, which have yet to get underway. Exactly how much plans will end up paying back is unclear.
Richard Kronick, a former federal health policy researcher and a professor at the University of California-San Diego, said CMS has largely failed to rein in billions of dollars in Medicare Advantage overpayments.
"It is reasonable to think that pressure from the industry is part of the reason that CMS has not acted more aggressively," Kronick said.
CMS records show that officials considered strengthening the audits in 2015, including by limiting health plans from conducting "home visits" to patients to capture new diagnosis codes. That didn't happen, for reasons that aren't clear from the filings.
In any case, audits for 2011 through 2015 "are not yet final and are subject to change," CMS official Steven Ferraina stated in a July court affidavit.
"It's galling to me that they haven't recovered more than they have," said Edward Baker, a whistleblower attorney who has studied the issue.
"The government needs to be more aggressive in oversight and enforcement of the industry," he said.
Senior CMS official Cheri Rice recommended in the October 2015 email thread with key staff that CMS could devote more resources to supporting whistleblowers who report overbilling and fraud.
"We think the whistleblower activity could be as effective – or even more effective – than CMS audits in getting plans to do more to prevent and identify risk adjustment overpayments," Rice wrote.
But the handful of cases that DOJ could realistically bring against insurers cannot substitute for CMS fiscal oversight, Baker said.
"Unfortunately, that makes it appear that fraud pays," he said.
Spending Surge
In December, a bipartisan group of four U.S. senators, including Bill Cassidy (R-La.), wrote to CMS to voice their alarm about the overpayments and other problems. "It's unclear why CMS hasn't taken stronger action against overpayments, despite this being a longstanding issue," Cassidy told KFF Health News by email.
In January, Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal (D-Wash.) called for CMS to crack down, including by restricting use of chart reviews and home visits, known as health risk assessments, to increase plan revenues.
Cassidy, a physician, said that "upcoding and abuses of chart review and health risk assessments are well-known problems CMS could address immediately."
Advocates for Medicare Advantage plans, whose more than 33 million members comprise over half of people eligible for Medicare, worry that too much focus on payment issues could harm seniors. Their research shows most seniors are happy with the care they receive and that the plans typically cost them less out-of-pocket than traditional Medicare.
Buck, the spokesperson for the Better Medicare Alliance, said that as the annual open enrollment period starts in mid-October, seniors may see "fewer benefits and fewer plan choices."
The group has ramped up total spending in recent years to keep that from happening, IRS filings show.
In 2022, the most recent year available, the Better Medicare Alliance reported expenses of $23.1 million, including more than $14 million on advertising and promotion, while in 2023, it paid for a Super Bowl ad featuring seniors in a bowling alley and left viewers with the message: Cutting Medicare Advantage was "nuts."
Bruce Vladeck, who ran CMS' predecessor agency from 1993 through 1997, said that when government officials first turned to Medicare managed care groups in the 1990s, they quickly saw health plans enlist members to help press their agenda.
"That is different from most other health care provider groups that lobby," Vladeck said. "It's a political weapon that Medicare Advantage plans have not been at all reluctant to use."
The Better Medicare Alliance reported lobbying on 18 bills this year and last, according to OpenSecrets. Some are specific to Medicare Advantage, such as one requiring insurers to report more detailed data about treatments and services and another to expand the benefits they can offer, while others more broadly concern health care costs and services.
Proposed reforms aside, CMS appears to believe that getting rid of health plans that allegedly rip off Medicare could leave vulnerable seniors in the lurch.
Testifying on behalf of CMS in a May 2023 deposition in the UnitedHealth Group suit, former agency official Anne Hornsby said some seniors might not "find new providers easily." Noting UnitedHealth Group is the single biggest Medicare Advantage contractor, she said CMS "is interested in protecting the continuity of care."
There's a new morning ritual in Pinedale, Wyoming, a town of about 2,000 nestled against the Wind River Mountains.
Friends and neighbors in the oil- and gas-rich community "take their morning coffee and pull up" to watch workers building the county's first hospital, said Kari DeWitt, the project's public relations director.
"I think it's just gratitude," DeWitt said.
Sublette County is the only one in Wyoming — where counties span thousands of square miles — without a hospital. The 10-bed, 40,000-square-foot hospital, with a similarly sized attached long-term care facility, is slated to open by the summer of 2025.
DeWitt, who also is executive director of the Sublette County Health Foundation, has an office at the town's health clinic with a window view of the construction.
Pinedale's residents have good reason to be excited. New full-service hospitals with inpatient beds are rare in rural America, where declining population has spurred decades of downsizing and closures. Yet, a few communities in Wyoming and others in Kansas and Georgia are defying the trend.
"To be honest with you, it even seems strange to me," said Wyoming Hospital Association President Eric Boley. Small rural "hospitals are really struggling all across the country," he said.
There is no official tally of new hospitals being built in rural America, but industry experts such as Boley said they're rare. Typically, health-related construction projects in rural areas are for smaller urgent care centers or stand-alone emergency facilities or are replacements for old hospitals.
About half of rural hospitals lost money in the prior year, according to Chartis, a health analytics and consulting firm. And nearly 150 rural hospitals have closed or converted to smaller operations since 2010, according to data collected by the University of North Carolina's Cecil G. Sheps Center for Health Services Research.
To stem the tide of closures, Congress created a new rural emergency hospital designation that allowed struggling hospitals to close their inpatient units and provide only outpatient and emergency services. Since January 2023, when the program took effect, 32 of the more than 1,700 eligible rural hospitals — from Georgia to New Mexico — have joined the program, according to data from the Centers for Medicare & Medicaid Services.
Tony Breitlow is healthcare studio director for EUA, which has extensive experience working for rural healthcare systems. Breitlow said his national architecture and engineering firm's work expands, replaces, or revamps older buildings, many of which were constructed during the middle of the last century.
The work, Breitlow said, is part of healthcare "systems figuring out how to remain robust and viable."
Freeman Health System, based in Joplin, Missouri, announced plans last year to build a new 50-bed hospital across the state line in Kansas. Paula Baker, Freeman's president and chief executive, said the system is building for patients in the southeastern corner of the state who travel 45 minutes or more to its bigger Joplin facilities for care.
Freeman's new hospital, with construction on the building expected to begin in the spring, will be less than 10 miles away from an older, 64-bed hospital that has existed for decades. Kansas is one of more than a dozen states with no "certificate of need" law that would require health providers to obtain approval from the state before offering new services or building or expanding facilities.
Baker also said Freeman plans to operate emergency services and a small 10-bed outpost in Fort Scott, Kansas, opening early next year in a corner of a hospital that closed in late 2018. Residents there "cried, they cheered, they hugged me," Baker said, adding that the "level of appreciation and gratitude that they felt and they displayed was overwhelming to me."
Michael Topchik, executive director of the Chartis Center for Rural Health, said regional healthcare systems in the Upper Midwest have been particularly active in competing for patients by, among other things, building new hospitals.
And while private corporate money can drive construction, many rural hospital projects tap government programs, especially those supported by the U.S. Department of Agriculture, Topchik said. That, he said, "surprises a lot of people."
Since 2021, the USDA's rural Community Facilities Programs have awarded $2.24 billion in loans and grants to 68 rural hospitals for work that was not related to an emergency or disaster, according to data analyzed by KFF Health News and confirmed by the agency. The federal program is funded through what is often known as the farm bill, which faces a September congressional renewal deadline.
Nearly all the projects are replacements or expansions and updates of older facilities.
The USDA confirmed that three new or planned Wyoming hospitals received federal funding. Hospital projects in Riverton and Saratoga received loans of $37.2 million and $18.3 million, respectively. Pinedale's hospital received a $29.2 million loan from the agency.
Wyoming's new construction is rare in a state where more than 80% of rural hospitals reported losses in the third quarter of 2023, according to Chartis. The state association's Boley said he worries about several hospitals that have less than 10 days' cash on hand "day and night."
Pinedale's project loan was approved after the community submitted a feasibility study to the USDA that included local clinics and a long-term care facility. "It's pretty remote and right up in the mountains," Boley said.
Pinedale's DeWitt said the community was missing key services, such as blood transfusions, which are often necessary when there is a trauma like a car crash or if a pregnant woman faces severe complications. Local ambulances drove 94,000 miles last year, she said.
DeWitt began working to raise support for the new hospital after her own pregnancy-related trauma in 2014. She was bleeding heavily and arrived at the local health clinic believing it operated like a hospital.
"It was shocking to hear, ‘No, we're not a hospital. We can't do blood transfusions. We're just going to have to pray you live for the next 45 minutes,'" DeWitt said.
DeWitt had to be airlifted to Idaho, where she delivered a few minutes after landing. When the hospital financing went on the ballot in 2020, DeWitt — fully recovered, with healthy grade-schoolers at home — began making five calls a night to rally support for a county tax increase to help fund the hospital.
"By improving healthcare, I think we improve everybody's chances of survival. You know, it's pretty basic," DeWitt said.
Californians with medical debt will no longer have to worry about unpaid medical bills showing up on their credit reports under legislation signed Tuesday by Gov. Gavin Newsom, adding the nation's most populous state to a growing effort to protect consumers squeezed by unaffordable medical bills.
The bill, by Sen. Monique Limón (D-Santa Barbara) and backed by Democratic Attorney General Rob Bonta, will block healthcare providers, as well as any contracted collection agency, from sharing a patient's medical debt with credit reporting agencies. At least eight states have banned medical bills from consumer credit reports in the past two years. In June, the Biden administration proposed similar federal protections, but it's unclear when the rules will be enacted — or, if former President Donald Trump is elected again, if they will be at all.
"Nobody chooses to get sick, and then your credit gets ruined," said Chi Chi Wu, a senior attorney with the National Consumer Law Center. "That's why we encourage states to keep adopting laws. In case something goes wrong at the federal level, the states could protect their own consumers."
When California's new law goes into effect in January, it will extend these protections to credit reports used for employment and tenant screening, Wu said. This is in addition to the proposed federal ban on reporting to credit agencies that inform credit card companies and mortgage lenders.
California lawmakers noted that medical debt — unlike other kinds of debt — isn't an accurate reflection of credit risk, and its inclusion can depress credit scores and make it hard for people to get a job, rent an apartment, or secure a car loan.
But California lawmakers have left a glaring loophole. Patients who pay hospital bills using medical credit cards or medical specialty loans — which can come with interest rates as high as 36% — won't get that debt taken off their credit report, as residents of Colorado, Minnesota, and New York do. It's a concession the financial industry won through late-in-the-game "hostile" amendments, which "influential entities opposed to the measure prevailed" in including, Limón said. In a 2022 KFF poll on medical debt, 15% of adults said they had used a medical credit card.
Kelly Parsons-O'Brien, legislative chair of the California Association of Collectors, which represents collection agencies, said the exemptions were essential because medical credit card holders can buy nonmedical items and medical loans can be refinanced with nonmedical debt, making it "impossible" for creditors to know what's actually a medical charge.
"More consumers will get into situations where they cannot afford to pay, and lenders will be operating in the dark," Parsons-O'Brien said.
The three largest U.S. credit agencies — Equifax, Experian, and TransUnion — said they would stop listing some medical debt, including paid-off debts and those less than $500, but millions of patients were left with bigger medical bills on their credit reports. The Consumer Financial Protection Bureau reported in April that 15 million Americans still had medical bills on their credit reports.
About 4 in 10 Californians report carrying some type of medical debt, which disproportionately affects low-income, Black, and Latino patients, according to the California healthcare Foundation.
Dozens of states have enacted legislation to protect consumers from surprise billing and medical debt, according to the National Conference of State Legislatures. Newsom, a Democrat, also signed legislation on Tuesday banning hospitals from using liens on all real property owned by Californians who typically earn less than 400% of the federal poverty level. It expands current state law that protects a patient's home from debt collectors.
A KFF Health News analysis found that credit reporting is the most common collection tactic used by hospitals to get patients to pay their bills. A credit score ban might make it more difficult for hospitals to collect.
When Sacramento resident Sonia Hayden and her boyfriend applied for a home loan last year, she discovered her credit score had dropped about a hundred points. It had been downgraded because of an approximately $200 emergency room charge after a car accident years ago.
The 44-year-old said her insurance covered tens of thousands of dollars in medical bills but that the hospital miscoded the $200 charge and she never received a bill for it. That, she said, should also have been charged to insurance.
Hayden tried unsuccessfully for over a year to resolve the issue with her health insurer. It's still on her credit report. She was eventually able to get a home loan, but her interest rates were higher because of her credit score.
"Medical bills, they're not on purpose, you know?" said Hayden, who testified in support of the legislation. "It was already a super traumatic accident. I almost died. And then to have this super stressful medical bill — nobody's asking for that. It shouldn't affect your credit."
In exchange for federal Medicaid expansion money, hospitals wiped out billions of dollars of patient debt and adopt new standards to shield patients from crippling bills.
This article was published on Monday, September 23, 2024 in KFF Health News.
North Carolina officials had been quietly laboring for months on an ambitious plan to tackle the state's mammoth medical debt problem when Gov. Roy Cooper stepped before cameras in July to announce the initiative.
But as Cooper stood by the stairs of the executive mansion and called for "freeing people from medical debt," the future of his administration's work hung in the balance.
Negotiations were fraying between the state and the powerful hospital industry over the plan to make hospitals relieve patient debt or lose billions of dollars of public funding tied to the state's Medicaid expansion. The federal government hadn't signed off on North Carolina's plan, putting funding at risk. And not a single hospital official stood with the governor that day.
Less than six weeks later, the gamble paid off. The state received a federal blessing. And every one of North Carolina's 99 hospitals agreed to the state's demands.
In exchange for federal money, hospitals would wipe out billions of dollars of patient debt and adopt new standards to shield patients from crippling bills.
"It's a model that the rest of the country could adopt," said Jared Walker, founder of Dollar For, a national nonprofit that helps patients get financial aid from hospitals. "This is what we've been fighting for."
But it was no sure thing. The behind-the-scenes story of North Carolina's effort — based on hundreds of pages of public records and interviews with state officials and others involved — reveals a months-long struggle as the state went toe-to-toe with its hospitals.
Multibillion-dollar health systems and the industry's powerful trade group vigorously fought the medical debt plan, records show. They sowed fears of collapsing rural health care. They warned of legal fights and a showdown with the legislature. And they maneuvered to get the federal government to kill the plan.
The Cooper administration had powerful allies in Washington, though. The Biden administration — and Vice President Kamala Harris specifically — had made reducing medical debt a priority. And in the end, the state held the highest card: money.
North Carolina's new path was paved by years of frustration.
The state has long had among the highest rates of medical debt in the nation. As many as 3 million adults likely carry such debt, KFF polling and credit bureau data suggest.
Debt is highest in nonwhite communities and in eastern North Carolina, credit bureau data analyzed by the nonprofit Urban Institute shows. And while some debts may be small, the KFF poll found that at least a quarter of people nationally with debt owe more than $5,000.
North Carolina hospitals also have been aggressive debt collectors, taking thousands of patients to court, placing liens on homes, and garnishing tax refunds.
The largest system, Atrium Health — part of Advocate Health, a multistate tax-exempt conglomerate that reported more than $31 billion in revenue and $2.2 billion in profit last year — sued almost 2,500 patients from 2017 to 2022, a report found.
Officials from Atrium and 14 other hospital systems declined to be interviewed about the debt plan.
Hospitals have beaten back efforts to restrict their aggressive billing. While an ambitious bill to expand patient protections attracted bipartisan support in the general assembly, it stalled last year in the face of industry opposition.
"Hospitals are good lobbyists," the governor said in a recent interview. "They're able to often stop legislation they don't like."
In 2023 the health care landscape in the state shifted. After years of resistance, GOP leadership in the legislature agreed to expand eligibility for Medicaid, the safety net insurance program.
The expansion promised to make coverage available to hundreds of thousands of previously uninsured low-income residents and to protect them from going into debt.
But as Cooper, a Democrat, and his top health official, Kody Kinsley, traveled the state to celebrate coverage gains, they saw a gap. The expansion didn't help people who'd already racked up big bills. "They were still carrying the burden of that debt," Kinsley said.
With one more year in office, Cooper and Kinsley, whose interest in medical debt was colored by being the child of working-class parents, resolved to take a final shot at the debt problem.
"It's just a metastasized disease in the health system," Kinsley said. "And going after it is just a tangle of thorns."
Medicaid expansion offered a means, albeit untested, to do that, they believed.
The expansion would come with billions of dollars of new federal funding for hospitals through an arcane process known as a state-directed payment. This funding — which many states access to compensate hospitals for treating low-income patients — is criticized by some experts as excessive.
Rather than reject the money, however, Noth Carolina officials believed they could leverage it. Instead of giving it away with no strings attached, they asked, what if they made hospitals protect patients from medical debt in exchange for the funds? If hospitals wouldn't, the state would dock their money.
"It was a clear tool that we now had on the table," said Kinsley, who oversaw development of the debt plan and negotiations with hospitals and the federal government.
Many hospital systems in North Carolina stood to get nearly twice as much money by agreeing to participate in the debt relief plan, state figures show. Charlotte-based Atrium, for instance, would get about $1.7 billion next year, compared with roughly $900 million if it didn't sign on.
But the added money would come with a catch.
Seeking Trusted Partners
Kinsley and his aides quickly settled on two things to demand from health systems.
Hospitals would have to eliminate outstanding debts of their low-income patients. This approach had been pioneered by New York-based nonprofit Undue Medical Debt, which buys old debt for pennies on the dollar and retires it.
Hospitals would also have to change their financial aid policies so more patients could get help with big bills and fewer would go into debt.
Most hospitals already offer discounts to low-income patients. But standards vary, and many hospitals make it difficult to apply for assistance. To address this, some states have imposed uniform standards on hospitals.
North Carolina state officials wanted the same. They knew, however, that threatening hospital money would stir opposition from the industry's lobbying arm, the influential North Carolina Healthcare Association.
So Kinsley and his aides reached out directly to a handful of hospital systems, including UNC Health, the nonprofit system affiliated with the state's public university system. "We were essentially road-testing what the actual policies could be and how they would work," Kinsley said.
Through the first months of 2024, state officials took pains to keep the conversations confidential, emails obtained through a public records request show. When Kinsley's aides provided drafts to hospital officials, they asked that the proposals be shared "with only a few select colleagues."
State and hospital officials went back and forth over which patients should qualify for free or discounted care, how to relieve old patient debts, and how to better screen patients for aid.
The process convinced state officials that their plan would work. Some hospitals had already retired patients' debts. Others had financial assistance policies that paralleled the standards the state was contemplating.
"We had sought out hospitals of different shapes and sizes," Kinsley said. "We had gleaned from other states what the best practices were and what was really workable."
‘A Total Explosion'
Then in late April, word of the negotiations between the state and the select group of hospitals leaked.
Kinsley said his cellphone lit up. "Everybody freaked out," he recalled. "Every lobbyist was coming after me. It was just a total explosion."
Among them was the North Carolina Healthcare Association and its veteran chief executive, Steve Lawler, who began peppering Kinsley's office with sharply worded letters attacking the medical debt plan and predicting dire consequences.
Lawler warned that patients would face higher insurance costs. Moreover, he alleged it was illegal to use federal Medicaid dollars to force hospitals to provide widespread debt relief.
"Such a trade-off is not permissible," Lawler wrote on May 2.
Days later, Kinsley fired back a long letter to Lawler, saying that the plan was a legally sound effort to address a crisis that was "harming our neighbors."
But the damage had been done. The hospitals working with the state changed their tone, and the industry closed ranks.
Meanwhile the hospital association made plans to convene a meeting with health insurers and business leaders to discuss medical debt, an approach that threatened to slow the state effort to hold hospitals singularly accountable. The group met at Ruth's Chris Steak House in Raleigh, a restaurant where a steak costs $60 and up.
In a recent interview, Lawler said the hospital group was just trying to build consensus for a different strategy for tackling medical debt. "This was a big enough issue that it just required a bigger-tent conversation," he said.
To state officials, it looked like an industry play to derail the medical debt plan. "I didn't know if it was going to fall apart," Kinsley said.
Pressing Ahead
For lower-income residents, the stakes were high.
The state's program was designed to erase around $4 billion in hospital debt for nearly 2 million people dating to 2014, according to state estimates.
If approved, the plan would also require hospitals to automatically qualify more patients for charity care, provide discounts to low- and middle-income patients, and stop reporting these patients to credit agencies if they couldn't pay.
So despite the pushback, state officials kept up their dialogue with hospitals and made revisions to address some concerns, records show.
Among the concessions, the state proposed that hospitals offer debt relief to patients with incomes below 3½ times the federal poverty level, or $109,200 for a family of four. The state had initially sought to mandate aid for people making less than four times the poverty level.
State officials also secured a legal opinion from a Medicaid expert in Washington, D.C., who confirmed that the state's approach wouldn't run afoul of federal rules.
But time was running out. The state needed to submit its plan by the end of June or risk losing the federal money. And Cooper and Kinsley still wanted at least a few hospitals on board to build momentum.
"The win here would be hospitals and the department solving a problem that was real and meaningful for people, and we could walk out together and say this is what we got done," Kinsley said in an interview later.
Email records indicate that some systems, such as Cone Health, considered joining Kinsley and the governor when they announced the plan July 1.
None did. And by the following week, the state was barraged by letters from hospitals across the state lambasting the medical debt plan.
Ken Haynes, a senior Atrium official, wrote that the proposal would set "a dangerous precedent" and warned that insurance companies would raise deductibles, knowing that hospitals would have to forgive bills for many patients.
Novant Health, a large nonprofit system with seven hospitals in and around Charlotte, argued that financial assistance should be limited to uninsured patients and those with Medicaid. "Policies should avoid broad debt relief approaches that divert scarce hospital resources," wrote Alice Pope, the system's chief financial officer.
New Bern-based CarolinaEast Health System, insisted the plan would "cripple rural healthcare organizations." Granville Health System, which runs a community hospital in the center of the state, contended that "hospitals are being used as pawns to achieve preferred political and policy objectives on questionable legal authority."
In mid-July, Lawler at the North Carolina Healthcare Association wrote directly to the head of the federal Centers for Medicare & Medicaid Services, urging it to reject the state's plan. Lawler said the plan "set a dangerous precedent" by linking Medicaid funding to medical debt policy.
Dominoes Fall
But North Carolina officials maintained close contact with the federal agency, giving them confidence they'd get the green light, despite hospital opposition.
On July 26, approval came through, a month and a day after North Carolina submitted the plan. Federal review of state plans can often take three or four times as long.
The state gave hospitals until 5 p.m. on Friday, Aug. 9, to accept the new medical debt standards or forfeit billions of dollars.
By Aug. 7, only 37 of the state's 99 hospitals had signed on.
Then the tide shifted. By Friday evening, state officials had locked in all 99.
Implementing the plan promises to be complicated, with logistical challenges, wary Republicans in the legislature, and hospitals smarting over the showdown. And, as state leaders acknowledge, more action is needed to constrain high prices hospitals still command.
But with taxpayers pumping billions of dollars into health systems nationwide, North Carolina's gambit offers a potential road map for leveraging public funds to confront a crisis that burdens some 100 million people in the U.S.
"North Carolina has been really strategic in using the lever of its Medicaid payments," said Christopher Koller, president of the Milbank Memorial Fund, a health policy nonprofit. "The focus of health systems should be caring for patients, not bullying them for every last penny to run their business."
WILLIAMSTON, N.C. — On a mid-August morning, Christopher Harrison stood in front of the shuttered Martin General Hospital recalling the day a year earlier when he snapped pictures as workers covered the facility's sign.
"Yes, sir. It was a sad day," Harrison said of the financial collapse of the small rural hospital, where all four of his children were born.
Quorum Health operated the 49-bed facility in this rural eastern North Carolina town of about 5,000 residents until it closed. The hospital had been losing money for some time. The county's population has slightly declined and is aging; it has experienced incremental economic downturns. Like many rural hospitals, those headwinds drove managers to discontinue labor and delivery services and halt intensive care during the past five years.
Prospects for reopening seemed dim.
But a new hospital designation by the Centers for Medicare & Medicaid Services that took effect last year offered hope. As of August, hospitals in 32 communities around the country have converted to the rural emergency hospital designation to prevent closure. The new program provides a federal financial boost for struggling hospitals that keep offering emergency and outpatient services but halt inpatient care.
The REH model "is not designed to replace existing, well-functioning rural hospitals," said George Pink, a senior research fellow at the University of North Carolina's Cecil G. Sheps Center for Health Services Research, which has documented 149 rural hospitals that have either closed or no longer provide inpatient care since 2010. "It really is targeted at small rural communities that are at imminent risk of a hospital closing."
The program hasn't yet been used to reopen a closed hospital.
With guidance from health consultants, Martin County officials asked federal regulators to explore the possibility of adopting the REH model and were ultimately given the go-ahead.
If successful, Martin County could become one of the first in the nation to convert a shuttered hospital to this new model.
Ask members of a community that has lost its hospital what they miss most, Pink said, and it's almost invariably emergency services. Count Harrison among them, especially after a medical crisis nearly killed him.
Harrison, who lives in a smaller crossroads community a few miles south of Williamston, began experiencing leg pain in February. Under normal circumstances, Harrison said, he would have gone to his primary care doctor if his leg began to hurt. This time he couldn't, because the practice closed when the hospital folded months earlier.
Then, one morning he awoke to find his foot turning black. It took him 45 minutes to drive to the closest hospital, in the town of Washington. There, doctors found blood clots and he was flown by helicopter to East Carolina University Health Medical Center. A doctor there told him that he'd probably had the blood clots for close to a year and that he was lucky to be alive. The medical team was able to save his foot from amputation.
Harrison, like many other community members, now had firsthand experience with the consequences of a shuttered hospital.
The state legislature's decision last year to expand Medicaid has meant fewer North Carolinians are uninsured, which means fewer hospital bills go unpaid. But health care is evolving: Many procedures that once required inpatient care are now performed as outpatient services. Dawn Carter, the founder and a senior partner of Ascendient, a health care consulting firm working with the county, said the inpatient census at Martin General in its last few years ranged from five or six a day to a dozen.
"So you're talking about a lot of cost, a lot of infrastructure to support that," she said.
With no emergency care within a half-hour radius, Martin County administrators believe a rural emergency hospital would be a good fit and a viable option. REH status allows a hospital to collect enhanced Medicare payments, an annual facility payment, and technical assistance.
Carter said the team will present to the state Department of Health and Human Services a set of drawings of the portion of the building they intend to use to see if it meets REH regulations.
"I'm hoping that process is happening in the next several weeks," she said, "and that will give us a better idea of whether we have a handful of really quick and easy things to do or if it's going to take a little more effort to reopen."
Officials then will take proposals from companies interested in running the hospital.
Carter said the expectation is that, initially, the facility will be strictly the emergency room and imaging department, "and then I think the question is, over time, where do you build beyond that?"
And the rebuilding could prove a challenge from the start. Many former staff members have taken positions at nearby health care facilities or left the area. The effects of that exodus will be compounded by the widespread difficulty in recruiting health workers to rural areas.
It's early yet, Pink said, to assess the success of the rural emergency hospital model. "All we have are armchair anecdotes." It seems to be working well in some communities, while others "are struggling a little to make it work."
Pink has a list of questions to assess how an emergency hospital is faring in the long run:
Is it at least breaking even? And if not, do administrators foresee a solution?
How is the community responding? If someone believes they have an issue that might require inpatient care, Pink suggested, perhaps they'll bypass the REH for a hospital that can admit them. And to what extent does bypassing their doors carry over to all services?
Are patients happy with the care they're receiving? Are the clinical outcomes good?
The rate of rural hospital closures rose through 2020, then dropped considerably in 2021. Congress had passed the CARES Act, and the Provider Relief Fund offered a financial lifeline, Pink said. That money has now been distributed, and the concern is that "many rural hospitals are returning to pre-covid financial stresses and unprofitability."
If the trend continues, he said, more rural hospitals may turn to the REH model.
Ben Eisner serves as Martin County's attorney and interim manager. He acknowledges that the health and well-being of this community require a lot more than a hospital. He cites, for example, a new nonprofit with a mission to address the social determinants of health.
Advancing Community Health Together was created in response to the hospital closure. Composed of community members, its focus is addressing inadequate health care access and poor health outcomes as a consequence of generational poverty, said Vickey Manning, director of Martin-Tyrrell-Washington District Health.
"We can't address rural health care in a vacuum," Carter said. Her organization, Ascendient, is part of the Rural Healthcare Initiative, a nonprofit commissioned by the North Carolina General Assembly to study sustainable models of health care for rural communities.
Like most of rural eastern North Carolina, Martin County is in transition, Eisner said. Diminishing family farms, less industry. "And so the question becomes," he said, "‘What happens for all these communities? What happens next?' And it's an answer that is not yet fully written."
Harrison, still relying on crutches to get around, recently drove 45 minutes north on U.S. 13 to the town of Ahoskie to have a doctor examine his foot. He said a hospital that offers basic emergency care isn't a perfect solution, but he'll have some peace of mind once the cover is peeled from that sign and his local hospital reopens.