Putting the Pieces Together: Medicaid Redesign and Long Term Care

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Putting the Pieces Together: Medicaid Redesign and Long Term Care Mark Kissinger, Director Division of Long Term Care Office of Health Insurance Programs New York State Department of Health NYAIL September 17, 2015

2 Forming Partnerships to Meet Future Needs The following initiatives, under the Division of Long Term Care (DLTC), are designed to create systems changes through rebalancing the delivery of Long Term Services and Supports (LTSS). The programs are designed to be personcentered, integrate services, and improve health outcomes for individuals in need of LTSS. Mandatory Managed Long Term Care (MLTC) Independent Consumer Advocacy Network (ICAN) Conflict-Free Evaluation and Enrollment Center (CFEEC) Balancing Incentive Program (BIP)

3 Pieces of the Puzzle BIP MLTC CFEEC ICAN

4 Managed Long Term Care (MLTC) Transition MLTC

5 What is MLTC? The MLTC program is designed to be person-centered and integrate services and improve health outcomes for individuals in need of LTSS. The program seeks to help people who are chronically ill and need long term care services to stay in their homes and communities as long as possible. To achieve this goal, strong partnerships have been forged between stakeholders, the NYS Department of Health (DOH), Local Departments of Social Services (LDSS), and DOH s enrollment broker, NY Medicaid Choice. Collaboration is key.

Status of MLTC Transition 6

7 MLTC Options Partially Capitated Long term care and ancillary services, including home care and unlimited nursing home (NH) care PACE (Program of All-inclusive Services for the Elderly) Four Types of All medically necessary services, including primary, acute, and long term care MLTC Plans: MAP (Medicaid Advantage Plus) Primary, acute, and long term care services (excludes specialized mental health services) FIDA (Fully Integrated Duals Advantage) Medicare Part A, Part B, and Part D (prescription medicines) and Medicaid services (home or nursing care and behavioral health services). Demonstration counties only

8 MLTC Statewide Enrollment August 2015* *Based on the August 2015 managed care enrollment report Number of Plans Statewide Actively Enrolling 66 Total Enrollees Statewide 147,588 FIDA 18 Demonstration counties only Medicaid Advantage Plus (MAP) 8 All Serving NYC Program of All-Inclusive Care for the Elderly (PACE) 8 2 Serving NYC Partially Capitated 32 24 Serving NYC FIDA 7,676 Partially Capitated 128,298

9 What is FIDA? FIDA is a MLTC product whereby certain dual eligible individuals (Medicaid and Medicare) will be enrolled into fully-integrated managed care plans. FIDA is a partnership between the Centers for Medicare and Medicaid Services (CMS) and DOH. FIDA is operational in New York City and Nassau County and the demonstration period runs from January 2015 to December 2017. Westchester and Suffolk Counties will begin in 2016. DOH has submitted a request for extension and if approved by CMS the program will run through December 2019. The FIDA program is currently being offered by 18 Health Plans in New York City and Nassau County.

10 Key Highlights of FIDA Builds off of MLTC; Provides a comprehensive benefit package; Provides a Care Manager and an Interdisciplinary Team (IDT); Integrates the grievance and appeal process, excluding Part D; Utilizes an independent enrollment broker (NY Medicaid Choice) to assist with enrollment and options counseling; and Access to the Participant Ombudsman: Independent Consumer Advocacy Network (ICAN).

11 Vision for FIDA Improve the Participant s experience in accessing care; Promote independence in the community; Improve quality; Develop a more easily navigable and simplified system of services for individuals and their families; Meet robust network adequacy standards for both Medicaid and Medicare; and Evaluate data on access, outcomes and experience to ensure Participants receive higher quality care.

12 Who is Eligible for FIDA? Eligible individuals: Are age 21 or older at time of enrollment; Are entitled to benefits under Medicare Part A, enrolled under Part B, eligible to enroll in Part D, and receiving full Medicaid benefits; and Reside in New York City, Long Island, or Westchester County. And must meet one of the following: Require more than 120 days of community-based long term care (CBLTC); or Are Nursing Facility Clinically Eligible and receiving facility-based LTSS; or Are eligible for the Nursing Home Transition and Diversion Waiver program.

13 FIDA Enrollment There are two types of enrollment: Opt-in Enrollment, which is initiated by an individual. Passive Enrollment, which is enrollment by the state which the individual can decline by opting out. Individuals who are eligible for FIDA and enrolled in a MLTC Plan will convert in place to the FIDA Plan offered by the parent organization of their MLTC Plan. Participants may opt out of passive enrollment or disenroll at any time. Those who opt out or disenroll will continue to receive Medicaid services through the MLTC program and have a choice of Original Medicare or Medicare Advantage and a prescription drug plan. Participants who have opted out may rejoin the program at any time.

14 Receiving Care in MLTC In each type of Plan, enrollees have a person-centered plan of care. All Plans are covering a wide range of services at home and in the community, including care management services. Each enrollee has a Care Manager who asks about service needs and assists the enrollee and family in developing a plan of care that specifies personal and health care goals, the types, scope, amount and frequency of authorized covered services as well as non-covered services and supports. Any reduction, suspension, denial, or termination of previously authorized services shall trigger the required notice under federal regulation, which clearly explains the enrollee s right to file an appeal. Each enrollee must continue to receive services under the enrollee s pre-existing service plan for at least 90 days after enrollment, or until a care assessment has been completed by the Plan, whichever is later.

15 Enrollee Rights In all MLTC products, an enrollee can file a complaint or grievance. This can be done verbally or in writing. An enrollee can file an appeal for reconsideration of a decision. There are two types of appeals: Expedited appeal responded to within 72 hours by telephone, fax, or other available method. Written notification follows. Standard appeal responded to within 14 days. The Plan must send written notice to the member within two business days of the determination. An enrollee can file for a fair hearing. This can be done verbally or in writing. The target timeframe for fair hearing resolution should be within 60 days of the request for the hearing.

16 Independent Consumer Advocacy Network (ICAN) ICAN

17 The Role of ICAN All MLTC enrollees have access to the Participant Ombudsman, known as the Independent Consumer Advocacy Network (ICAN), which was launched on December 1, 2014. ICAN is an independent, conflict-free entity that provides individuals free assistance in accessing care, filing grievances, appealing adverse decisions, and understanding and exercising rights and responsibilities. ICAN will be providing regular reports which can help the state get real-time information on how its managed care programs are performing. Currently, ICAN serves the following managed care populations: MLTC (Partial, MAP, PACE, and FIDA); and Mainstream Medicaid Managed Care (MMC) enrollees who receive LTSS.

18 Current Status of ICAN The Ombudsman program contract was awarded to Community Service Society of New York, a network of not-for-profit organizations. There are numerous ICAN locations throughout NYS, at which Participants can obtain in-person assistance. The call center receives calls from the entire state. ICAN can be reached by calling 1-844-614-8800 or online at: www.icannys.org.

19 Conflict-Free Evaluation and Enrollment Center (CFEEC) CFEEC

20 What is CFEEC? The state was required to develop an independent and conflict-free LTSS evaluation process, in accordance with NYS Special Terms and Conditions #28. On October 1, 2014, CFEEC was implemented for new individuals seeking CBLTC services for more than 120 days. CFEEC is the only entity to complete initial evaluations using the Uniform Assessment System for New York (UAS-NY) for new consumers seeking long term care. Plans are no longer able to enroll an individual. CFEEC is operational statewide. To access CFEEC, individuals should call 1-855- 222-8350.

21 What is the Role of CFEEC? CFEEC evaluates a consumer s eligibility for one of the four MLTC products: Partially Capitated PACE MAP FIDA

22 CFEEC Evaluation Process MAXIMUS is serving as the CFEEC, providing evaluation and education services. Staff Nurse Evaluators are performing in-home evaluations (hospitals and NH), using the UAS-NY. CFEEC activities include scheduling initial evaluations for people new to service seeking CBLTC. MLTC Plans are no longer permitted to enroll new individuals until the CFEEC has conducted an initial evaluation to determine CBLTC eligibility. CFEEC must complete the UAS-NY for all evaluations prior to all MLTC Plan enrollments. Once the evaluation is completed, if a consumer is eligible for MLTC, they have the option of selecting a Plan and allowing CFEEC to assist with connecting them to the Plan. The individual also receives a notice indicating their eligibility for CBLTC.

23 CFEEC Evaluation Process CFEEC evaluation only remains valid for 60 days. After such time, a new evaluation will be required if the consumer does not select a plan, but continues to seek CBLTC. If a consumer is deemed ineligible for enrollment into a MLTC because they fail to meet CBLTC eligibility: The consumer will be educated on the options that are available to them. Any appropriate referrals will also be made at that time. The consumer will receive a notice indicating they have been determined ineligible and the notice includes fair hearing rights.

24 Balancing Incentive Program (BIP) BIP

25 What is BIP? BIP was authorized by Section 10202 of the Patient Protection and Affordable Care Act of 2010 (Pub. L. 111-148). BIP provides financial incentives to states to offer community-based LTSS as an alternative to institutional care. In March 2013, NYS was approved for the program and awarded $598.7 million. This funding is contingent upon the state s ability to increase the ratio of community-based LTSS expenditures versus the total LTSS expenditures to 50% or more by the end of the BIP period. The BIP requirements apply to all Medicaid populations in need of LTSS, it involves four state agencies: DOH, the New York State Office for the Aging (NYSOFA), the Office of People With Developmental Disabilities (OPWDD), and the Office for Mental Health (OMH).

26 What is BIP? BIP reinforces NYS ongoing statewide efforts to improve access to home and CBLTC services for those with physical, Behavioral Health (BH), and/or Intellectual Disabilities (ID) and Developmental Disabilities (DD). The state must make progress toward identified targets in the structural requirements and rebalancing goals to maintain additional aid. BIP requires three structural changes: 1. No Wrong Door (NWD)/Single Entry Point (SEP) system 2. Core Standardized Assessment (CSA) instruments 3. Conflict-Free Case Management (CFCM)

27 BIP Goals Rebalancing the delivery of LTSS towards community-based care Promoting enhanced consumer choice Improving access to and expanding community LTSS Providing essential services in the least-restrictive setting

28 BIP Progress NYS rebalancing percentage Federal Fiscal Year 2009 BIP Goal As of July 1, 2015 46.7% 53.3% 50.0% 50.0% 58.4% 41.6% 46.7% rebalancing percentage made NYS eligible for BIP Rebalancing percentage must be 50% NYS rebalancing percentage is 58.4% and has surpassed the goal

29 BIP Progress: Structural Change No. 1 NWD/SEP system: Interagency workgroup completed the design of the NWD structure consisting of NY Connects/Hub and Specialized NWDs for individuals with BH and ID/DD needs. Development of statewide NWD network agencies completed. Program Standards for Area Agencies on Aging (AAA) were released. Program Instructions for AAAs in expanded counties were released. The updated NY Connects website with the enhanced Resource Directory inclusive of all types of LTSS resources will be operational on September 30, 2015. Toll free 1800 number will be operational on September 30, 2015. UAS-NY expansion for the NWD Screen will be available early 2016. Six counties (Albany, Erie, Monroe, Onondaga, Otsego, and Schoharie) will pilot the NWD Screen in February.

30 BIP Progress: Structural Change No. 2 CSA: NYS has met the Core Data Set requirement for assessment tools across agencies. NYS is expanding UAS-NY to automate OPWDD and OMH tools, using common-core elements. UAS-NY will also be the platform to automate the required NWD screen to be used across populations: DOH will use this system for the aged and disabled. OPWDD will use the Comprehensive Assessment System (CAS) for ID/DD. OMH will use the Community Mental Health Assessment (CMHA) for adults and the Child and Adolescent Needs and Strengths (CANS-NY) for children. NYSOFA will use the Comprehensive Assessment for Aging Network Community- Based Long Term Care Services (COMPASS).

31 BIP Progress: Structural Change No. 3 CFCM: Assessment of current policies for Medicaid funded long term care programs deemed to be in scope across DOH, OPWDD, OMH, and NYSOFA. Identified potential conflicts, as well as strategies in place to mitigate risks. BIP Policy for CFCM and Protocol for mitigation of conflict submitted to CMS in February 2015. CFCM requirements under BIP and the Home and Community-Based Services Settings rule have been communicated and set forth in stakeholder presentations.

32 Next Moves for BIP Sustainability Extended time frame Pilot Implementation

33 How These Pieces Fit Together These programs administered by DOH support the Governor s Olmstead goal of reducing long stay patients in institutions. These initiatives work with other state programs to augment their impact in transitioning and diverting people from institutions and supporting them in the community. DOH will continue to work with stakeholders, including our local partners, to achieve these goals.

Resources: Mark Kissinger email: Mark.Kissinger@health.ny.gov MRT #90 website: www.health.ny.gov/health_care/medicaid/redesign/mrt_90.htm MRT #101: https://www.health.ny.gov/health_care/medicaid/redesign/mrt_101.htm BIP website: www.health.ny.gov/health_care/medicaid/redesign/balancing_incentive program.htm

QUESTIONS? 35