Saturday, November 30, 2013

A New Worry Looms Online For The Affordable Care Act

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Insurance companies say they are finding numerous mistakes on a digital form that's essential for signing up through HealthCare.gov.

AP

Insurance companies say they are finding numerous mistakes on a digital form that's essential for signing up through HealthCare.gov.

AP

Saturday is the day the Obama administration promised it would have HealthCare.gov working smoothly for the majority of people who need to sign up for health insurance.

As the Obama administration scrambles to fix the glitch-plagued site, experts are beginning to worry about another problem that may further impair the rollout of the Affordable Care Act.

Health insurance companies say they're seeing numerous errors in a form that plays a vital part in the enrollment process. The problems are manageable so far, but many worry about what will happen if enrollment surges in the weeks to come.

The 834

It's safe to say that the vast majority of consumers have never heard of an 834 EDI transmission form, despite its crucial role in the process of signing up for health insurance. It's a kind of digital resume that tells an insurance company's computer everything it needs to know about an applicant, says Bob Laszewski, a health policy consultant.

"It contains all of the person's enrollment information, all the information that [an] insurance company needs to get this person entered as a policy holder," Laszewski says.

The 834 has been around for a long time. The architects of the Affordable Care Act intended for it to play a central role in the sign-up process, says Tim Jost, a professor of law at Washington and Lee University.

"The 834 information is information the insurers have to have to get people enrolled in coverage, which of course is the point of going through the marketplace," Jost says.

Multiple Mistakes Make Insurers' Jobs Harder

But health insurance companies say the 834s they are receiving from applicants on the federal and state exchanges have sometimes been riddled with errors, Laszewski says.

"Duplicate enrollments, people enrolling and unenrolling, inaccurate data about who's a child and who's a spouse, files just not being readable," he says.

Highmark Blue Cross Blue Shield of West Virginia has been steadily processing new customers ever since the launch of Obamacare this fall. But Highmark President Fred Earley says mistakes in the 834s are making the job harder.

"We've had some situations where the records don't track, or we've seen duplicates," Earley says. "We've had situations where we'll get a record to show that someone canceled coverage when we've never had a record to show they enrolled in the first place."

Earley says his firm has been dealing with the problems by calling up state and federal officials and correcting the mistakes. The exact cause of the problems is unclear. The Obama administration has been slowly making fixes, and officials say they're making progress. But Laszewski says the fixes are not fast enough.

"The error rates have been falling," he says. "HealthCare.gov has been making progress, but we're not to the point yet where people can trust that high-volume enrollment can occur and we won't have serious customer service problems."

Laszewski says the test will come over the next few weeks. People who want coverage to begin on Jan. 1 have until just before Christmas to sign up, and there's likely to be a surge of new applicants in the weeks to come.

"What happens if we start getting hundreds of thousands or millions of people signing up by the Dec. 23 deadline, and the insurance industry is receiving hundreds or thousands of these a day?" he says. "That's what everyone's worried about."

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Thursday, November 28, 2013

Breaking Up With HealthCare.gov Is Hard To Do

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Wednesday, November 27, 2013

Supreme Court Takes Challenge To Obamacare Contraceptive Rule

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The U.S. Supreme Court has agreed to take another case involving the Affordable Care Act, this time a challenge to the provision that for-profit companies that provide health insurance must include contraceptive coverage in their plans offered to employees.

Saul Loeb/AFP/Getty Images

The U.S. Supreme Court has agreed to take another case involving the Affordable Care Act, this time a challenge to the provision that for-profit companies that provide health insurance must include contraceptive coverage in their plans offered to employees.

Saul Loeb/AFP/Getty Images

President Obama's Affordable Care Act will be back before the Supreme Court this spring. This time, the issue is whether for-profit corporations citing religious objections may refuse to provide contraceptive services in health insurance plans offered to employees.

In enacting the ACA, Congress required large employers who offer health care services to provide a range of preventive care, including no-copay contraceptive services. Religious nonprofits were exempted from this requirement, but not for-profit corporations.

Some three dozen of these corporate entities challenged this requirement in court, contending the contraception mandate violates their religious rights. On Tuesday, the Supreme Court agreed to examine the issue, after lawyers on both sides asked for high court review.

The lead plaintiff before the court is Hobby Lobby, a chain of more than 500 arts and crafts stores with more than 13,000 employees. The owners are conservative Christians who object to some forms of birth control and contend that the mandate thus abridges their religious rights in violation of both the Constitution and federal law.

David Green, founder and CEO of Hobby Lobby, appeared in an online video to explain his company's position. "We do everything we possibly can to be a help to our employees of how that they can structure their life based on biblical principles," he says.

Hobby Lobby and the Green family are represented by Kyle Duncan of the Becket Fund for Religious Liberty. Duncan argues that the contraception coverage requirement coerces the corporate owners to violate their religious beliefs. "That forces them to choose between violating their faith or exposing their businesses to severe consequences including, potentially, severe fines," he said in an interview.

The U.S. Court of Appeals based in Denver agreed. The judges on that court pointed to the Supreme Court's controversial 2010 Citizens United decision, which declared that corporations have the same right as individuals to spend money in political campaigns. In view of that decision, said the appeals court judges, they could see no reason that corporations would not be similarly entitled to exercise religious beliefs, as well.

The government, however, points to a long line of Supreme Court cases that take a contrary view. No court has ever found a for-profit company to be a religious organization for purposes of federal law, the Justice Department said in its briefs. Government would be unable to function, the department suggested, if children could be exempt from child labor laws on religious grounds, for example, or if employers refused to pay taxes because of religious objections to how the money was spent.

Indeed, women's rights advocates see the no-copay birth control provision as a civil rights measure for women, ensuring that women can afford to make reproductive decisions for themselves.

If the court were to allow for-profit corporations to avoid civil rights laws based on their religious beliefs, that would "create a very slippery slope, giving for-profit employers their own right to impose their own medical preferences on their employees," said Planned Parenthood President Cecile Richards on Tuesday. She also emphasized that the choice to use birth control "should be between a woman and her doctor. And no employer should be able to take that right away."

All of these views, and more, will be on full display when the Supreme Court hears arguments in Hobby Lobby and a companion case brought by Conestoga Wood Specialties, a 900-employee woodworking corporation owned by a Mennonite family. A decision is expected by summer.

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Tuesday, November 26, 2013

Emergency Contraceptive Pill Might Be Ineffective For Obese

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Rep. Issa Takes Anti-Obamacare Campaign To The States

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Monday, November 25, 2013

The Single-Payer Alternative

Rush Limbaugh�s take on the disastrous rollout of the Affordable Care Act could, ironically, warm the hearts of those at the other end of the political spectrum. He contends that President Obama knew all along that the Affordable Care Act would crash and burn, but pushed it through so that the conflagration would clear the way for single-payer health insurance.

The conspiracy charge sounds deranged, but problems with the new health insurance system may indeed revitalize demands for more substantive reforms, which many policy makers and voters set aside in the putative interests of political pragmatism. Whatever the advantages of a single-payer system such as that currently administered by Medicare, one view held, American voters were unlikely to get behind it.

Yet one of the greatest advantages of a single-payer system � its relatively low administrative costs � has been thrown into sharp relief by problems registering with the new health exchanges. Andwhile Republicans despise the Affordable Care Act despite its conformity with many of their earlier proposals, their proposed changes (other than simple rollback) look complicated, kludgy and costly to administer.

The malfunctioning website has magnified problems inherent in coordinating enrollment across many different companies in many different exchanges in cooperation with many different government agencies. The harmonization challenges are orders of magnitude greater than those faced by a single company or a single state, making streamlining difficult. Improved software can do only so much.

In theory, competition and choice should increase efficiency. In practice, health insurance companies are able to take advantage of the complexity and uncertainty surrounding health care choices to make comparison shopping very difficult.

Lack of clear information about the prices of medical procedures, combined with a proliferation of insurance options whose potential benefits will be strongly affected by unpredictable events (such as being involved in an automobile accident or developing cancer), put consumers in a weak position.

The process of negotiating relationships with new health care providers because old ones are �out of network� is physically and emotionally exhausting. Insurance companies benefit from promoting policies that are difficult to understand and make consumers fearful of any change in their coverage. That fear and aversion has spilled over into the transactions required for many people to benefit from the Affordable Care Act.

David Himmelstein and Steffie Woolhandler, co-founders of Physicians for a National Health Program, regularly assert that elimination of the huge paperwork and overhead imposed by private insurance companies could save enough to cover the estimated 31 million of Americans who will remain uninsured under the Affordable Care Act.

My fellow Economix blogger Uwe E. Reinhardt, expanding on this theme, notes that the Institute of Medicine of the National Academy of Sciences recently estimated excess administrative costs of $191 billion, again more than enough to attain truly universal health care coverage.

Most such estimates are limited to the monetary costs incurred by insurers, doctors and hospitals and don�t include the value of the time that health care consumers must devote to managing a torrent of inscrutable paperwork that can become truly frightening for the critically ill.

Even if its rollout becomes more expeditious, the Affordable Care Act does little to reduce the incentives that companies have to barricade themselves behind high information and transaction costs. In the financial sector, I previously noted, this perverse incentive is described as �strategic price complexity.�

A complicated new program applied to a complicated old industry makes it hard for everyone to figure out exactly what they will be getting relative to what they are paying. As a result, many ordinary people and small businesses fall prey to redistributional paranoia.

Accusations of ripoffs proliferate, along with assertions that the Affordable Care Act is unfair to young people or that it simply represents transfers from the affluent to the poor, or from whites to people of color.

The program clearly has redistributive impact, but much of it will be muted over the life cycle. People who pay more for their insurance will get more benefits in return. The biggest transfers will go from the healthy to the sick (who are sometimes poor precisely because they are sick) and from one part of the health care system (emergency room care) to another (insurance-covered routine care).

But the structure of the program seems unintentionally designed to intensify distributional conflict. Its highly means-tested subsidies create strong political resentments and contribute to very high implicit marginal tax rates on lower-income families.

A single-payer insurance system, whether based on an extension of Medicare or on the Canadian model, promises many profoundly important benefits. Right off the mark, it promises simplicity.

No wonder conservative pundits are afraid of it.

Sunday, November 24, 2013

Colorado Ads Use Sex And Alcohol To Sell Health Insurance

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Tuesday, November 19, 2013

Wisconsin Chooses Its Own Path To Overhaul Medicaid

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Wisconsin Chooses Its Own Path To Overhaul Medicaid

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Thursday, November 14, 2013

Insurers Aren't Keen On Obama's Pledge To Extend Coverage

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Oregon Shines On Medicaid, As Texas Stalls On Sign-Ups

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Wednesday, November 13, 2013

More Than 106,000 Chose Health Plans Under Affordable Care Act

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Democrats Join Calls To Rectify Canceled Health Insurance

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Can Young People Get Obamacare For $50 A Month? Sometimes

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Tuesday, November 12, 2013

Self-Employed And With Lots Of Questions About Health Care

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Monday, November 11, 2013

The First Estimate On Insurance Signups Is Pretty Darned Small

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Saturday, November 9, 2013

When Caregivers Are Abusers: Calif. Complaints Go Unanswered

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Jim Fossum holds a photograph of his aunt, Elsie Fossum, who died from injuries her caregiver said were the result of a fall.

Mina Kim/KQED

Jim Fossum holds a photograph of his aunt, Elsie Fossum, who died from injuries her caregiver said were the result of a fall.

Mina Kim/KQED

Nurse assistants and home health aides provide intimate care, bathing, feeding and dressing the elderly, disabled or ill. So what happens when an abusive caregiver hurts a patient?

Public health regulators in California have been letting many complaints sit for years � even when they involve severe injuries or deaths.

'Beaten To A Pulp'

Elsie Fossum's nieces and nephews say she was the aunt you wanted to have.

"She gave us our first car," Janet Flynn remembers. Her brother, Jim Fossum, chimes in: "A '59 Ford Galaxie 500, with massive fins on it."

Flynn says their aunt, a librarian and teacher who never married or had kids, always looked chic.

Enlarge image i

Elsie Fossum's niece, Janet Flynn, and nephews Jim Fossum, left, and John Fossum, say they never heard from California's Department of Public Health following their aunt's death.

Mina Kim/KQED

Elsie Fossum's niece, Janet Flynn, and nephews Jim Fossum, left, and John Fossum, say they never heard from California's Department of Public Health following their aunt's death.

Mina Kim/KQED

"She would come for the summer with this tiny Samsonite suitcase," Flynn says. "And she would be impeccably dressed, mixing and matching, and her hair was always done. Always looked wonderful."

But on the morning of July 3, 2006, Elsie Fossum lay in a pool of blood on the floor of her bedroom at Claremont Place, a Los Angeles-area assisted living facility. The 95-year-old Fossum had lived there for two years.

Her eyes were bruising black, her lip was badly cut, and her right arm was broken. But she was alive.

The lone caregiver on Fossum's floor that night said Fossum fell, but Beverlee McPherson, a registered nurse who supervised nurse assistants at Claremont Place, suspected abuse.

"She looked like she went four or five rounds with Muhammad Ali," McPherson says.

Unable to take much food or water through her swollen mouth, Fossum died of dehydration less than three weeks later. A Los Angeles County coroner could not rule out assault and called the manner of death undetermined.

McPherson is resolute.

"Oh, I'm 100-percent convinced she didn't fall out of bed, 100 percent," she says. "If you saw this woman's face, I mean, her entire face was beaten to a pulp."

'Staying On Top Of Complaints'

Emergency room nurses who treated Fossum at a nearby hospital also suspected abuse. The hospital quickly notified the California Department of Public Health, the agency responsible for decertifying nurse assistants who violate standards of care.

Cases Closed With No Action Taken

The number and rate of license revocations against nursing assistants and in-home health aides suspected of abuse have plunged, while cases closed without action have increased.

Enlarge image i Center For Investigative Reporting/KQED Center For Investigative Reporting/KQED

But internal documents obtained by the Center for Investigative Reporting show department investigators shelved Fossum's case for six and a half years.

CDPH Director Ron Chapman blames the delays in handling complaints on a backlog of more than 900 cases that piled up between 2004 and 2008.

"There were a number of reasons for that backlog, including poor management decisions during that time," Chapman says.

The department implemented a plan in 2009 to address the backlog, says Chapman, who was sworn in to his position in 2011.

"In the two years that I've been in the job, there's now new management from top to bottom, and we're staying on top of all the complaints as they come in," he says.

Yet the number of nurse assistants facing disciplinary action following complaints has dropped, from 27 percent a few years ago to 9 percent last year.

Chapman says he sees no evidence that addressing the backlog has undermined the quality of the department's current work, but Marc Parker, who headed the investigations section for nine years, says he was forced to cut corners.

"Hundreds of cases were closed, hundreds, with nothing but a phone call," he says.

'A Failure To Protect'

Parker says without visits to facilities, investigators are unable to see the layout of a room, conduct impromptu interviews, or assess a person's body language. Parker retired in December of 2011, earlier than planned.

"I could not protect the public any longer," he says. "There was just a failure to protect the most vulnerable people in our state from abuse and neglect."

A Sudden Drop



The California Department of Public Health is required to notify the attorney general's office when its investigators find evidence of crimes, especially violent acts, at health care facilities. After 2009, the department all but stopped sending patient abuse deaths to state prosecutors.

Enlarge image i Center For Investigative Reporting/KQED Center For Investigative Reporting/KQED

Public health regulators are required to report all suspected crimes to the state attorney general. In the seven years before addressing the backlog, the department referred an average of 37 deaths a year. Last year, they referred three. The year before that, two.

"We don't understand that decline in numbers," Chapman says. "It's very concerning to me and we are looking into it." He says his staff is drafting agreements with the attorney general's office to improve communication.

As for Elsie Fossum's suspicious death, department investigators closed her case this year, and decided no action was warranted against her caregiver.

Also this year, however, the Los Angeles County Sheriff's Department opened a homicide investigation into Elsie Fossum's death. Her caregiver is the sole person of interest. Chapman now says he's willing to review the case.

Elsie Fossum's nephews and niece say they never heard from the Department of Public Health. Flynn says their calls and emails to state agencies and local police have turned up little information.

"I would think that this would be very chilling to anyone who has loved ones in a facility, especially if you think safeguards are in place and you think that staff are qualified and that this is being regulated, and this I find chilling," Flynn says.

This story was co-reported by Ryan Gabrielson at the Center for Investigative Reporting.

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Thursday, November 7, 2013

Doctors Slow To Embrace Recommended HPV Testing

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Saturday, November 2, 2013

So You Found An Exchange Plan. But Can You Find A Provider?

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Friday, November 1, 2013

Feds To Ease Restrictions On Flexible Spending Accounts

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