CMS 2016 Final Managed Care Regulations
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1 CMS 2016 Final Managed Care Regulations Jami Snyder, Associate Commissioner Emily Zalkovsky, Deputy Associate Commissioner of Policy and Program Medicaid & CHIP Services Department November 2016
2 Agenda wanalysis Process and Implementation Timeframe wregulatory Guidance Currently In Process wregulatory Guidance Under Review wnext Steps wquestions and Contact
3 Analysis Process whhsc has split the regulation into 188 rules for analysis w Analysis includes: wreview of required contract changes wimpact to members, MCOs, providers, and the agency wplan to implement to maintain compliance wanticipate changes to MCO contracts by Spring 2017 onward whhsc will communicate changes via the contract amendment process, MCO Leadership Meetings, weekly MCO notices, and stakeholder meetings
4 Contract Changes wmcos are required to be compliant with all federal regulations wsee UMCC Attachment A. Article 7. Governing Law & Regulations; Section 7.02 MCO responsibility for compliance with laws and regulations wif a regulation requires a contract change, MCOs can expect to see the proposed language six months before the effective date whhsc is developing an implementation plan on how to operationalize the rules and will develop MCO guidance as appropriate
5 Implementation Timeframe CMS Effective Date Actual Date (if applicable) Proposed Contract Language Contract Effective Date Immediately May 6, days after publication (compliance date) No later than rating period for contracts starting on or after July 1, 2017 July 5, 2016 Spring 2017 September 1, 2017 No later than July 1, 2018 Fall 2017 March 1, 2018 No later than rating period for contracts starting on or after July 1, 2018 Spring 2018 September 1, 2018 No later than 3 years from the date of a final notice published in the Federal Register May 6, 2019 March 1, 2019 No later than rating period for contracts starting on or after July 1, 2019 Spring 2019 September 1, 2019
6 Regulatory Guidance In Process
7 Network Adequacy w42 CFR wcompliance date of September 1, 2018 wthe rule requires states to develop time and distance standards for a minimum set of provider types including PCPs, specialists, and LTSS
8 Network Adequacy w Medicaid and Managed Care Contracts w Adopting a modified version of the Medicare Advantage time and distance standards for select provider types (not including LTSS) w Aligns with work being done for SB 760, 84th Texas Legislature w Contract requirements will be effective in March 2017 for both Medicaid and CHIP MCOs w HHSC Data Analytics to conduct some of the reporting previously delegated to MCOs
9 Time and Distance Standards Effective March 1, 2017 Current Managed Care Proposed Contracts Distance in Miles Travel Time Distance in Miles Travel Time in Minutes Provider Type Metro Micro Rural Metro Micro Rural Behavioral Health-outpatient 30 urban none rural Hospital- Acute Care 30 none Prenatal none none Primary Care Provider 30 none Cardiovascular Disease 75 none ENT (otolaryngology) 75 none General Surgeon 75 none OB/GYN (non-pcp) 75 none Specialty Care Provider Ophthalmologist 75 none Orthopedist 75 none Pediatrician 75 none Psychiatrist 75 none Urologist 75 none Other Physician Specialties 75 none Occupational, Physical, or Speech Therapy 75 none Nursing Facility 75 none N/A N/A N/A Main Dentist (general or pediatric) Dental Specialists 30 urban none rural Pediatric Dental 75 none Endodontist, Periodontist, 75 none and Prosthodontist Orthodontist 75 none Oral Surgeons 75 none
10 Beneficiary Support System w42 CFR wcompliance date of September 1,2019 wstates must develop and implement a beneficiary support system that provides choice counseling and assistance understanding managed care, and process for resolving issues
11 Beneficiary Support System wtexas already has an independent consumer support system (ICSS) in place that operates independent of the MCOs wthe ICSS consists of HHSC s Medicaid/CHIP Division, Office of the Ombudsman (Ombudsman), the state s managed care Enrollment Broker (EB, "MAXIMUS"), and community support from the Aging and Disability Resource Centers (ADRCs)
12 Screening and Enrollment and Revalidation of Providers w 42 CFR (b) w Compliance date of September 1, 2018 w The state must screen, enroll, and periodically reevaluate all network providers in accordance with the requirements of part 455
13 Screening and Enrollment and Revalidation of Providers w Texas Medicaid provider enrollment compliance as of 11/10/2016: w Acute Care 89% w Pharmacies 98.5% w LTSS 84% w Next steps w w Additional streamlining of provider enrollment process Staggering of re-enrollment
14 Regulatory Guidance Under Review
15 Medicaid Managed Care Quality Rating System w42 CFR wcompliance date in 2021 wcms will publish additional guidance specifying the measures and methodologies in 2018 wcms will develop the standards through a public input process wreviewing possibility of using current report card system wdependent on CMS approval
16 Grievance and Appeal System w42 CFR wcompliance date of September 1, 2017 waligns Medicaid managed care with Medicare Advantage wmcos may only have one level of appeal
17 Parity in Mental Health and Substance Use Disorder Benefits w42 CFR 438.3(e) and 438.3(n) wcompliance date of July 5, 2016 wregulation requires: wthe capitation rate must include services outlined in the State Plan, utilization and actual cost of in lieu of services, and services deemed by the state as necessary for compliance with federal mental health parity requirements wstates must provide services to enrollees in compliance with existing mental health parity requirements, as well as new requirements effective on October 2, 2017 wthis section applies to CHIP (see (l))
18 Managed Care Enrollment w42 CFR wcompliance date of July 5, 2016 wstates that select health plans for beneficiaries and enroll them passively must notify beneficiaries and provide them a 90-day period to change plans whhsc is exploring options related to this provision
19 Care Coordination of Services for Enrollees w42 CFR (b)(3)and (c) wcompliance date of September 1, 2017 wmcos are required to make best efforts to conduct an initial screening of new enrollees needs within 90 days of enrollment wmcos must implement processes to comprehensively assess Medicaid enrollees who need LTSS or have special health care needs
20 Next Steps
21 Next Steps whhsc will continue to evaluate impact and implementation plans to ensure compliance with the Medicaid managed care final regulation wregular updates will be provided via MCO Leadership meetings wcontract amendments will include updates to align with new requirements
22 Questions wplease submit any questions or comments related to the managed care regulations to:
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