Casey Urges Medicaid Agency to Crack Down on Health Insurers Who Harm Patients by Denying Coverage of Medically Necessary Care
More than 67 million Americans receive Medicaid coverage from a managed care organization (MCO)
In letter, Casey raises concerns about health insurance companies routinely denying coverage of medically necessary care for people enrolled in Medicaid MCOs
"It is abundantly clear that MCO denials of coverage can negatively affect patients," wrote Chairman Casey. "
State Medicaid programs pay health insurance companies a fixed annual fee, known as capitated payments, to operate MCOs that provide health insurance to Medicaid enrollees. MCOs have grown to become the dominant delivery system for health care coverage within the Medicaid program. More than 67 million people received full or partial Medicaid coverage from MCOs in 2020, accounting for 84 percent of enrollees.
In 2019, Chairman Casey sent a letter to the Office the Inspector General (OIG) calling for an investigation of whether patients enrolled in MCOs can successfully access the services to which they are entitled. Subsequently, OIG released a series of oversight reports issuing recommendations to MCOs, states, and CMS to address issues including repeated instances of improper service denials and failures to provide enrollees with information needed to file appeals. Today's letter from Chairman Casey seeks additional information and data from CMS and urges the agency to implement OIG's recommendations to ensure patients are not being denied care.
Read the full letter here or below:
Dear Administrator Brooks-LaSure:
I write concerning recent independent watchdog reports that show health insurance companies routinely deny coverage of medically necessary care for people enrolled in Medicaid managed care organizations (MCO). This month, the
Operated by insurance companies, MCOs administer Medicaid benefits on behalf of states in exchange for fixed fees known as "capitated payments" that are based on the number of members enrolled in a given plan. Independent watchdogs have long expressed concern about the MCO model and the potential financial incentive for insurers to reduce costs by limiting payments and denying coverage. In 2019, I asked OIG to examine whether patients enrolled in MCOs can successfully access the services to which they are entitled, and to review whether the
Following my request, OIG conducted a national evaluation of Medicaid MCOs that it published in July. OIG's review examined 115 plans, each with at least 10,000 enrollees, that were spread across 37 states and operated by seven companies. OIG found that the MCOs it evaluated denied 12.5 percent of requests for prior authorization during the report's 12-month review period in 2019. Denial rates varied from state to state, company to company, and plan to plan. For example, OIG found that one insurer operating plans in 13 states had denial rates ranging from 5 percent to 29 percent, and that denial rates for various MCOs in
OIG wrote that it was "unclear why some MCOs had rates of prior authorization denials that were so much higher than their peers," but it is abundantly clear that improper coverage denials can negatively affect patients. The denied care included drug therapy, health screening services for children, and inpatient hospital services, according to OIG's report. In one instance, OIG detailed how an MCO denied in-home skilled nursing care requested for a pediatric patient diagnosed with cystic fibrosis, Down syndrome, and a series of other medical conditions that required gastrostomy tube feeding and enzyme therapy several times a day. In another instance, OIG found that an MCO denied covering the replacement of a broken stairlift for a partially paralyzed 77-year-old enrollee, before overturning its decision more than six weeks later when the denial was appealed. OIG identified several issues contributing to improper denials, including "MCOs allowing inappropriate staff or inadequately trained staff to make decisions about whether to approve prior authorization requests, using incorrect criteria to determine whether to approve requests, and failure to request additional information before issuing decisions." OIG raised further concern that improper denials disproportionately affect communities of color and low-income communities.
While the OIG's data suggest that
One attorney who frequently represents Medicaid enrollees on behalf of the
At
When patients are denied coverage of medically necessary services, they often face tight timelines to file actionable appeals. Assuming such appeals are filed in a timely manner, the process can be complicated and time-consuming, creating barriers that can make it difficult for Medicaid enrollees to seek recourse. In its national evaluation, OIG found that just one in nine MCO denials were appealed, even though 36 percent of those appeals were successful in the first round--indicating that the requested services were medically necessary and should not have been initially denied. Only two percent of the denials that were upheld in the first round of appeals were elevated to a second level of appeal, OIG reported. Moreover, OIG cited multiple examples of MCOs missing required timelines to make coverage decisions, and raised concern about MCOs failing to provide enrollees with proper information about their right to appeal. Such issues have the potential to further impede access to care for those most in need.
OIG warned that capitated payment models "can create an incentive for insurance companies to deny the authorization of services to increase profits," and its work makes clear that the issues faced by Medicaid enrollees in
CMS uses robust oversight tools to evaluate Medicare Advantage coverage denials but does not require states to conduct similar oversight of MCOs, which have higher denial rates. Of the 37 states it reviewed, OIG found that 22 did not conduct regular appropriateness reviews of MCO denials, including 13 that did not conduct such reviews at all. An additional 15 states did not analyze MCO denial data. Based on these findings, OIG recommendations called on CMS to (a) require states to regularly review the appropriateness of a sample of MCO prior authorization denials; (b) require states to collect data on MCOs' prior authorization decisions; and (c) require states to implement automatic external medical reviews of upheld MCO prior authorization denials. Please indicate whether CMS concurs with each of the recommendations, and the specific actions CMS plan to take to carry them out.
In addition to lower rates of initial denials, OIG found that Medicare Advantage plans were more likely than MCOs to overturn denials at the first stage of the appeals process. OIG suggested that the difference may be due to Medicare Advantage plans having more robust appeals processes in place than MCOs, including the use of external medical reviews. What steps has CMS taken to ensure that MCOs provide more robust appeals processes to Medicaid enrollees, including, but not limited to, external medical reviews?
An OIG audit released in
States have the authority to take corrective measures and levy fines when MCOs fail to follow requirements set out by the Social Security Act and associated regulations. CMS requires Medicaid programs to report plan-level, state-specific sanctions for MCOs in Managed Care Program Annual Reports (MCPAR), including all administrative penalties, and corrective action plans, it issued. Please provide data from
I appreciate your commitment to ensuring that the Medicaid program, a bedrock for tens of millions of American, remains strong and is subject to appropriate oversight. I look forward to working with you to further strengthen it to ensure patients receive the care they deserve. If you or your staff have questions, please contact
Sincerely,
Chairman
***
Original text here: https://www.casey.senate.gov/news/releases/casey-urges-medicaid-agency-to-crack-down-on-health-insurers-who-harm-patients-by-denying-coverage-of-medically-necessary-care



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