The Past and Future of Long-Term Care: 1989 to 2039

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RTI International The Past and Future of Long-Term Care: 1989 to 2039 May 28, 2014 RTI International is a trade name of Research Triangle Institute. www.rti.org

RTI International Financing Long-Term Care: More Same Than Different, But With Some Twists Joshua M. Wiener, PhD RTI International Washington, DC RTI International is a trade name of Research Triangle Institute. www.rti.org

RTI International Problems of Long-Term Care Financing Services are expensive Medicare not cover and few people have private insurance Routine catastrophic costs Primary source of financing is Medicaid, a means-tested welfare program Institutional bias in financing With aging population, costs are certain to grow 3

RTI International Financing for Long-Term Care: 1989 and 2011, ($ billions) Financing Source 1988 2011 Medicaid 24.4 136.2 Medicare 2.9 62.5 Other payers 5.0 9.7 Out-of-pocket 15.7 45.5 Private insurance and other private 4.0 24.4 4 Total 52.0 278.3 Source: Truven Health Analytics, various years; Centers for Medicare & Medicaid Services, various years; National Health Policy Forum.

RTI International Medicaid Expenditures for LTC, 1988 and 2011 (in $ billions) 5 Type of Service 1988 2011 Non-institutional LTC Services 2.4 64.3 Nursing home 14.6 52.4 ICF-IID 5.9 13.3 Mental health facilities and mental health DSH 1.5 6.2 Total LTC 24.4 136.2 Total Medicaid 58.6 410.9 Source: Truven Health Analytics, various years

RTI International Medicaid (cont.) Eligibility standards fairly stable Spousal impoverishment provisions as part of Medicare Catastrophic Coverage Act Some tightening of related to transfer of assets and estate recovery Conservatives propose to block grant Medicaid: Hard to achieve savings without cutting services for older people and persons with disabilities Unclear how to achieve savings Liberals have few proposals to liberalize Medicaid, focusing on public insurance 6

RTI International Medicare Historically, Medicare a trivial portion of Medicare and of nursing home and home care expenditures 1989: Change in definition of skilled care Medicare SNF, home health and hospice as percentage of Medicare expenditures: 1988: 3.6%, 2011: 18.3% High Medicare SNF payments change dynamics of nursing home industry Medicare quality measures for public reporting 7

RTI International Medicare Post-Acute Care Expenditures (in $ billions) Service 1988 2011 Skilled Nursing Facilities 1.0 30.3 Home Health 1.9 18.5 Hospice 0.0 13.7 TOTAL 2.9 62.5 Source: Centers for Medicare & Medicaid Services, 2012 8

RTI International Private Long-Term Care Insurance The Dream Market begin in mid-1980s, prior to that longterm care thought to be uninsurable 1988: 0.5 million policies; 2010: 7.3 million policies After 25 years, about 6% of 45+ have private long-term care insurance; 12% of 65+ 9

RTI International Number of People with Private Long-Term Care Insurance, 1992-2010 Thousands 8,000 7,000 6,000 5,000 4,000 3,000 3,697 3,338 3,202 2,601 2,946 4,130 4,793 4,497 5,179 5,612 6,404 6,053 7,1157,157 7,263 6,995 6,894 7,030 2,000 1,704 1,000 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year Source: National Association of Insurance Commissioners, 2011 10

RTI International 11 Private Long-Term Care Insurance (cont.) Market collapse: Most insurers exit market Most insurers have substantially raised premiums (100% not unusual), including on existing policyholders Tighten underwriting and reduce benefits What s going on? Low to negative rate of return on reserves Lower lapse rate than assumed For most insurers, a minor part of business

RTI International Social Insurance 12 Germany, Japan, Taiwan, Spain, and South Korea implemented social insurance US: Many proposals, no action 1988-1989: Many Democratic legislative proposals for social insurance programs 1990: Pepper Commission 1993: Clinton health plan 2010: Community Living Assistance Services and Supports (CLASS) Act 2013: Long-Term Care Commission not propose social insurance

RTI International 3.5 Public Long-Term Care Expenditures as a Percentage of Gross Domestic Product, 2005 and 2050 3 2.5 2 1.5 2005 2050 1 0.5 0 Germany Japan United Kingdom United States 13

RTI International Conclusions Key question: Are we willing to pay the additional cost? Key question: Individual vs. social responsibility 14

RTI International Contact Information Joshua M. Wiener, PhD Distinguished Fellow and Program Director Aging, Disability, and Long-Term Care RTI International 701 13th Street, NW Washington, DC 20005 202-728-2094 jwiener@rti.org 15

Charlene Harrington, Ph.D. RN, Professor University of California San Francisco

Eliminated ICFs all meet NF standards Developed new regulations and ratings for scope and severity of deficiencies Established sanction procedures Implemented the MDS assessment system Developed quality measures Adopted QIS survey process Testing NH value purchasing

Facility characteristics location, size, ownership 1.State in-person annual inspection and complaint surveys with federal requirements Quality (scope and severity of violations Life safety violations 2.Nurse staffing hours RNs, LVNs, NAs, total hours Adjusted for resident case mix 3.Resident Quality Measures - MDS 3.0/RAI 18 measures

8 7 6 5 4 3 2 7.2 5.2 6.1 7.2 6.2 6.8 1 0 Harrington et al., CASPER and CMS NH Compare, 2014 1994 1998 2002 2006 2010 2014

30% Harrington et al. CASPER Data 25% 20% 15% 10% 25% 26% 28% 26% 23% 22% 5% 0% 2003 2005 2006 2008 2010 2011

33% of Medicare nursing home residents had adverse events or harm during their SNF stays in 2013 59% of those were preventable due to substandard treatment, inadequate resident monitoring and failure or delay in care. Over 50% with harm returned to a hospital with a cost of $2.8 billion http://oig.hhs.gov/oei/reports/oei-06-11-00370.asp 25% of Medicare nursing home residents were readmitted to a hospital in FY 2011 cost $14.3 billion for septicemia and other common problems http://oig.hhs.gov/oei/reports/oei-06-11-00040.asp Recent research shows stronger state enforcement improves quality outcomes (Mukamel et al. 2012, Health Services Research)

Harrington, et al 2011 & CMS CASPER 2014 4.5 4 3.5 3.7 3.6 3.5 3.8 3.9 4.1 3 2.5 2 1.5 1 0.5 0 2.5 2.1 2.3 2.4 2.4 2.3 0.7 0.7 0.7 0.8 0.8 0.8 0.7 0.7 0.6 0.6 0.7 0.8 1996 2000 2004 2008 2010 2014 CNAs LPNs RNs

Long Stay Measures Falls with major injury Urinary Track Infection Moderate to severe pain Pressure ulcers high risk Incontinence low risk Catheter Physical restraints Need for help increased Weight loss Depression Flu vaccinations Pneumonia vaccinations Antipsychotic RX Short Stay Measures Moderate to severe pain Pressure ulcers Flu vaccination Pneumonia vaccination Antipsychotic Rx CMS 5-Star NH Compare 2014

30% 25% 20% 15% 10% 5% 24% 21% Impacts 14,000 to 300,000 residents MDS data Medicare NH Compare 11% 8% 7% 7% 6% 6% 4% 1% 8% 6% 2012 2014 14% 15% 0%

1999 - Medicare-certified HHAs must assess residents & submit OASIS data for payment 2010: Major revision implemented and new HH quality measures being developed Medicare Home Health Compare Has quality measures (not audited) Home Health Consumer Assessment of Health Care Providers and Services (HHCAHPS) No deficiency and complaint data Infrequent state inspections of HHAs CMS 5-Star Medicare Home Health Compare 2014 25

80% 70% 60% CMS CMS OASIS data 2014 2004 2009 2014 50% 40% 30% 20% 10% 28% 22% 16% 60% 64% 68% 61% 51% 43% 46% 38% 37% 0% Admitted to Had less pain Better at taking Better at hospital meds walking/moving

Many quality problems in Residential Care No federal quality regulatory system New CMS efforts to develop quality measures and CAHPS surveys for HCBS Minimal state regulations for personnel, client assessment, and service delivery Minimal state oversight & sanctions Minimal or no state data on quality Clients may not complain -fear of losing their provider or services

Major effort is needed to improve regulatory oversight and quality for all LTSS Quality measures are needed for residential care and HCBS Data reporting needs to be improved in terms of availability and accuracy for LTSS quality measures

Changing Patterns of LTC Service Delivery Pamela Doty, Ph.D. Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services

Decreased reliance on nursing home care. Increased use of other residential care settings ( assisted living, board and care, adult foster care, elder housing with services). Nursing home culture change. Use of any paid home care increased, then decreased; currently only slightly higher than it was 25-30 years ago. Growing reliance on assistive technologies and home modifications, less on human assistance (paid/unpaid). Major Trends over Last 25+ Years All Elderly with LTC Needs

Medicaid has been rebalancing away from its longstanding, widely criticized institutional bias toward great funding of HCBS, but less so for elderly than for other subgroups. More consumer(participant)-directed (PD) HCBS for Medicaid and other public program participants. States with more PD for elderly/younger non IDD disabled have higher ratio of spending on HCBS compared to ILTC for those populations. Fee-for-service to managed care. Recent and accelerating. Major Medicaid-Specific Trends

Back in 1980, when Josh Wiener and I first met and worked together in the Office of Policy Analysis in the Health Care Financing Administration (now CMS), we helped write a report entitled Long-Term Care: Background and Future Directions. It included projections that the U.S. nursing home population would grow from 1.3 million in 1977 to 2 million as of 2000. Instead there were 1.5 million NF residents in 2000 and only 1.4 million in 2011, despite population growth. Decline in Nursing Home Use

Since 1995 or thereabouts, growing numbers have gone to other residential care settings. These include: assisted living and related facilities (e.g. personal care homes), board and care homes, adult family foster care, senior housing with services, including independent living providing meals, housekeeping, and social/recreational services only. Data sources variably estimate the numbers of elderly in such non-nursing home settings as between.8 and 2 million. (At least 1/3 of NF + non NF). Proliferation of other Residential Care Settings

43% of RCFs have at least one Medicaid resident but estimates of percentage of RCF residents on Medicaid range from 15-20% to 33 percent. According to a 2013 CBO report, 66% of elderly NF residents are on Medicaid compared to 33 percent of elderly residents in other RCFs, 13 in senior housing with support services,and 11 percent of elderly living in private homes. Medicaid does not pay for room and board outside of nursing homes; most elderly who are financially eligible for Medicaid cannot afford to pay these charges except in board and care facilities oriented toward SSI (income assistance) clientele. RCF Residents are Predominantly Private Pay

Private LTCI claimants use of assisted living and home care is roughly equal. Only 1 in 5 ever used nursing home care over 30 month longitudinal follow-up. Short-term, end of life stays. Private LTCI expenditures on LTC, as measured in CMS National Expenditure Accounts is low, but database does not count services high share of claimants use (assisted living and individually hired home care aides, who were 1/3 of home care aides). Private LTCI Claimants Favor ALF and Home Care over NF

Growth of RCF alternatives has spurred NF culture change movement (e.g. Pioneer Network, Green Houses, etc.). Aims to make NFs smaller, more homelike, more supportive of independence and choice like assisted living ideal. NF Culture Change Spurred by RCF Proliferation and Heterogeneity

A Commonwealth Fund study (2007) characterized 31% of NFs surveyed as culture change adopters (all or most indicators of culture change present), 25% as strivers (fewer changes yet made but leadership committed to change) and 43% as traditional. Adopters gained competitive advantages over other NFs. Culture Change NFs more Competitive

A by-product of the growth of RCFs, differences in models and state regulation of them, is CMS effort to define in regulation HCBS settings in order to avoid paying for services in non-nfs that are institutional in character. Defining HCBS

31 percent of National Long-Term Care Survey respondents (community-dwelling elderly receiving human assistance with basic and/or instrumental daily living tasks) received any paid care in 1984; increased to 43 percent in 1994; went back down to 35 percent in 2004. 2011 National Health and Aging Trends (NHATS) respondents: only 35% received any paid care. And only 21% living at home as distinct from other non-nf supportive residential settings received any paid help. Access to Paid Care in Home and Community-based Settings

1989-1994: liberalized coverage rules (due to a lawsuit) greatly increased use of Medicare home health services, especially home health aide services over lengthy episodes. 1997 Balanced Budget Act introduced prospective payment for Medicare home health led to major reduction in use of Medicaidfinanced home health aide services. Decreased access to Medicare HH coincided with decline in NF but increase in other residential care. Coincidental or not? Why Did Access to Paid Home Care Increase, then Decrease?

A consistent trend in the NLTCS 1984-2004 is increasing reliance on assistive technologies and home/environmental modifications. 2011 NHATS consistent. Evidence suggests less dependency on human assistance, especially for mobility. Increased Use of Assistive Technology, Substituting for Some Human Assistance

Frequently used AT include canes, walkers, grab bars, raised toilet seats, booster and big button telephones, etc. Also important are broader environmental accommodations and societal changes such as curb cuts, handicapped ramps, handicapped parking, grocery shopping scooter carts, grocery delivery services, mail order prescriptions, direct deposit of Social Security checks. Examples of AT and Environmental Modifications

Nationally, the percentage of Medicaid LTC spending for HCBS (compared to NF, ICF/ID, and other institutional services) reached 47.2 % in 2011. (Truven Analytics analysis of CMS-64 data). Growth began in 1995 but accelerated after 1999. Reasons: end of cold bed rule (1993), Supreme Court s Olmstead ruling (1999), RC/SC grants $289 million to 39 states 2001-2010. Medicaid LTC Trends: Rebalancing

However, if the focus is exclusively on elderly and younger physically disabled, only 38 % of Medicaid LTC spending goes toward HCBS although this is still double the 17% in 1995. Harder to disaggregate spending on LTC for elderly only. However, based on analysis of 2006 and 2009 Medicaid MAX (claims) files and other sources only a handful of states spend more than 45% of LTC for elderly on HCBS. States Less Successful Rebalancing for Elderly and non IDD Adults 18-64

States that do a much better job than others in reorienting spending on LTC for elderly away from NF toward HCBS are: California, New Mexico, Oregon, Washington, Alaska, Minnesota. Least rebalanced states were Utah, Kentucky, North Dakota, Mississippi, Florida, and Indiana (under 9% of all spending on LTC for elderly Medicaid users went to HCBS in either 2006 or 2009 MAX claims files or both years) Comparative rebalancing of LTC spending on Elderly

State plan personal care benefit. SSI State Supplement Consumer direction (hire/fire, supervise individual home care aides, may employ family) Higher than average numbers of RCF beds per 1000 elderly. Higher percentages of elderly NF users got HCBS first (shorter NF stays). Policy Factors associated with rebalancing for elderly.

Nursing home bed supply once beds got built, difficult to get rid of them. Some states (e.g. CA, AK, OR, WA, NM) never participated as fully as others in the 1970s NF building boom. Winter precipitation rates cold, snowy, rural states have a much harder time re-balancing and, if they do, it will be mainly by replacing NF with other RCFs. States with high immigrant populations do not face LTC workforce shortages Other Factors Affecting Success with Rebalancing toward HCBS

Indicators of wealth such as higher single family housing prices and taxable revenues per capita correlate positively with re-balancing toward HCBS, whereas high demand (percentage of state population aged 75 and older) correlates negatively. Other Factors Policymakers Can t Control Correlate with Rebalancing

Employer authority limited to human assistance: authority to hire/fire, schedule, train, pay, or participate in paying. Family, friends, and neighbors may be employed. Usually the program participant is the legal employer. Budget authority dollar budget that may be used to employ aides but may also be used to purchase other disability-related goods and services (e.g. assistive technologies, homedelivered meals, transportation, continence pads). Also called cash and counseling model. Two Models of Consumer Direction

Employer-authority older model goes back to 1970s in California and Michigan. Numbers of program participants selfdirecting services doubled between 2001-2011. Modest growth 2011-2013: now approximately 840,000 (mostly Medicaidfunded). Growth of Consumer Direction

Increased beneficiary/caregiver satisfaction with services. Same or better quality outcomes on objective measures of adverse outcomes (e.g. fewer bedsores). Fewer reports of unmet need for ADL/IADL help. Less family caregiver stress. Research Findings on Consumer- Directed Services: Beneficiary and Caregiver Outcomes

High percentage of PD workers are family, friends, neighbors. Higher job satisfaction for PD workers (including non-family) compared to agency workers. Same pay or better compared to agency workers (especially when unionized get health benefits). PD Impact on Paid Caregivers

Lower nursing home use in some states (e.g. Arkansas) Increased access to home care (especially if agency-providers unable to deliver all services in care plan. Lower NF use can offset costs of increased access to home care aide services. Lower costs per unit of service (e.g. per hour of aide care) delivered. Impact of Consumer Direction on LTSS Use/Cost

21 states have some Medicaid managed LTSS as of May 2014. In states with PD before MLTSS, rate of enrollment in PD has mostly stayed the same. MLTSS has increased PD in TN and DE. In TX, take-up of PD among elderly/younger adult non-idd disabled is higher in MLTSS than FFS, but still low. Impact of MLTSS on PD

Long-term impact of MLTSS on PD is unclear. More states will adopt mandatory MLTSS and promote integrated acute/ltss managed care for dual eligibles. MCO case managers are often skeptical and resistant, especially about PD for 65+. Think it means more work for them. MCOs often more bureaucratic, less flexible. Concerns about Future of Participant Directed Services: Long-Term Impact of MLTSS

Revised FLSA rule issued September 2013 extending OT pay protections to Medicaid home care aides may have unintended adverse consequences. States with most generous benefits (e.g. CA) may prevent cost increases by capping worker hours to avoid OT pay. If so, this will reduce work hours and pay for workers of high need beneficiaries. And will erode continuity of care and participants choice and control. Greatest impact will be on hardto-serve beneficiaries and live-in paid family workers. Impact of FLSA Rule on PD

Managed Long Term Service and Supports (MTLSS) Cheryl Phillips, M.D. SVP Advocacy and Public Policy LeadingAge, Washington, D.C.

WHAT is Managed LTSS? Typically the state Medicaid Agency contracts with a private managed care org to pay for and coordinate LTSS Not all states cover same benefits (HCBS, NH, Assisted Living) Not all states cover same populations (older adults, younger disabled adults, those with intellectual disabilities, behavioral health)

WHY Managed LTSS? Predictability for state Medicaid budgets Attempt (? false believe) to control spending and decrease costs Marked variation in LTSS spending ACA incentives to develop new service delivery and payment models

Growth in States with MTLSS 35 30 25 26 20 15 16 10 5 8 0 2002 2004 2006 2008 2010 2012 2014 2016

Policy Evolution on Medicaid LTC Home and Community- Based Service Expansion Medicaid Managed LTSS Dual Eligibles Integration

States with Dual Demonstrations (Duals Financial Alignment Initiative) Yellow MOU Accepted Blue MOU Pending Red MOU Withdrawn

A Word (or two) on LTSS and the Financial Alignment Demos CMS put a limit to 2 million dually eligible beneficiaries nationally Anticipated savings (related to increased care coordination and HCBS to reduce NH, ER and acute hospital care) will be deducted up-front from the Medicare and Medicaid contributions to the health plans in the capitated model (risk corridors defined in the MOUs for each state) Enrollment (passive vs. voluntary and opt-out provisions)

Big Assumptions about Medicare Savings For states: (AZ, HI, ID, OR,, MN, NM, TN, VT, WI) withdrew due to risk For HCBS providers: (decreased Medicaid payment doesn t mean they receive savings from Medicare) Currently only two models with true financial integration are PACE and selected D-SNPs

Potential Benefits of MLTSS Improved transitions between acute and LTSS Enhanced care coordination between settings and services Increased flexibility in benefits packages Accelerated rebalancing Alignment of quality measurement and management

Challenges to MLTSS Moving VERY quickly, often before plans and networks are ready Network challenges? Adequate? What happens to existing providers Can they ensure person-centered planning and meet service needs Risk of focusing on medical needs, losing sight of social needs and goals of independence How to measure quality across diverse providers and heterogeneous populations

And More Challenges Few MCOs even understand the scope of LTSS How can the MCO ensure that service authorizations are made by qualified individuals who know the beneficiary's needs Are there appropriate appellate rights and is there access to conflict free case management Was there MEANINGFUL consumer engagement in plan design and on-going

CMS MTLSS Guidance In summer 2013 CMS published MLTSS guidance for states based on best practices for establishing and implementing MLTSS programs Also clarifies expectations of CMS from states using section 1115 demonstrations or 1915(b) waivers combined with another long term services and supports (LTSS) authority in an MLTSS program Includes 10 key elements that CMS expects to see incorporated into new and existing state Medicaid MLTSS programs http://www.medicaid.gov/medicaid-chip-program- Information/By-Topics/Delivery- Systems/Downloads/1115-and-1915b-MLTSSguidance.pdf

The Future for MLTSS Managed care is NOT going away, will take on additional forms (bundled payments, etc) Likely increased resistance to mandatory and passive enrollment for LTSS?? If more states will take on long-stay NH care (in the interim see what other states are doing) Opportunity to look beyond traditional providers and explore service-enriched housing

4 Possible Scenarios 1. Community Networks are created to include health, long term care, and additional needs such as transportation, nutrition, and psychosocial supports. These networks will provide care managed services in a variety of housing setting with funds from both private (insurers and individuals) and public payors

4 Possible Scenarios 2. Health Systems control most component of health care delivery and are at risk for efficient and effective outcomes across populations They will focus on strong networks, prevention/wellness and care management and will work to identify key HCBS providers

4 Possible Scenarios 3. Long Term care hubs would provide and collaborate with the full range of PAC and HCBS providers and serve as the link for hospitals and physician groups to coordinate services The hubs would likely assume risk and thus negotiate contracts and strive to provide least expensive services while being accountable for positive outcomes

4 Possible Scenarios 4. It all fails because networks don t meet LTSS needs, hospitals don t look beyond medical services, LTSS providers cannot navigate risk. Focus would then most likely shift to valuebased purchasing for medical services and various local incentives to create innovative practices to integrate LTSS

Resources Center for Health Care Strategies LTSS resources: http://www.chcs.org/info-url_nocat5108/infourl_nocat.htm?type_id=1051 (includes resources on community integrations, duals, and MLTSS) Community Catalyst Duals resources: http://www.communitycatalyst.org/topics?id=0015 (Duals) http://www.communitycatalyst.org/topics?id=0018 (Integrated care) Kaiser Family Foundation Medicaid resources: http://kff.org/medicaid/ (includes duals and LTSS) N4a Aging & Disability Exchange: http://www.mltssnetwork.org/ (focuses on business capacity and integrated care) NASUAD State Medicaid Integration Tracker: http://www.nasuad.org/medicaid_integration_tracker.html National Senior Citizens Law Center resources on duals for advocates: http://dualsdemoadvocacy.org/

RTI International Questions View webcast: www.visualwebcaster.com/rtiltc

RTI International The Past and Future of Long-Term Care: 1989 to 2039 May 28, 2014 RTI International is a trade name of Research Triangle Institute. www.rti.org