Phia Group Russo & Minchoff

States to Get U.S. Bonuses for Covering Uninsured Children

cmonfils | January 5, 2012

CHIP –AL, AK, CA, ID, IL, OA, KS, LA, MI, NJ, NM, OH, OR, WA, WI

Dec. 28 (Bloomberg) — Twenty-three states will share $296.5 million in U.S. payments for encouraging low-income families to enroll their children in public health programs.

Bonuses announced today reward states that streamline eligibility for Medicaid, the federal-state health program for the poor, or the Children’s Health Insurance Program. The effort is aimed at children younger than 19 from households with annual incomes of as much as $45,000 for a family of four, though some states have more generous criteria.

Value-buying Still Possible for Firms Despite Transparency Problems

cmonfils | January 3, 2012

Employer’s Guide to Self-Insuring Health Benefits   December 2011 | Vol. 19, No.3 

The lack of cost transparency stands in the way of health cost control because it makes plan members unable to see prices before services are actually rendered, and harms their ability to budget health spending. Problems include: (1) multiple providers; (2) multiple network-provider contracts; (3) providers that often don’t know how extensive a patient’s treatment needs are until they start treatment; (4) insurers say contractual obligations with providers prohibit the sharing of negotiated rates; and (5) providers afraid of sharing negotiated rates due to their proprietary nature. Leah Binder, CEO of the Leapfrog Group, suggested that most employers can bring more efficient purchasing to their health plan in two ways: (1) change plan documents to reward members for using high-performance providers (for example, by waiving deductibles); and (2) computerize drug ordering and management systems, which would have quality as well as cost and efficiency advantages. (more…)

San Francisco’s new rules on health reimbursement arrangements

cmonfils | December 29, 2011

San Francisco Mayor Edwin Lee in November signed legislation that imposes new rules on the use of health reimbursement arrangements to satisfy the city’s health care spending law. Among other things, employees will have more time to use their account balances and have a new right to tap account balances after they terminate employment, while employers have new requirements to provide to employees a summary of contributions and reimbursement amounts. The City and Country of San Francisco Labor Standards Enforcement department has published the full law, highlighting the most recent changes, as well as sample contribution and separation of employment forms. 

Employers Must Comply with Changes to San Francisco Health Care Mandate Beginning January 1, 2012

cmonfils | December 16, 2011

San Francisco’s Health Care Security Ordinance has been amended to require more of certain employers with workers in the City and County of San Francisco.  The amendments will take effect January 1, 2012.

The Ordinance requires many employers to spend a specified minimum amount toward certain health care expenses for their employees working in the City and County of San Francisco.  (For more information on the Ordinance, see our article, San Francisco Health Care Law Survives ERISA Preemption.)

State Health Care Reform Update

cmonfils | December 16, 2011

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform.

Sutter Sued Over Theft of Computer With Patient Data

cmonfils | December 2, 2011

A class-action lawsuit was filed against Sutter Health in connection with the theft of a desk top computer that held personally identifiable data of nearly 4.3 million patients (see related story).

The suit asks a California court to require Sutter to encrypt its data at rest and seeks $1,000 a person in damages for each member of the class of nearly 1 million people whose records were on the stolen office computer. The 10-page complaint filed in Sacramento Superior court names Karen Pardieck as the lead plaintiff and Sutter Health, Sutter Medical Foundation and Sutter Physician Services as defendants.

http://www.modernhealthcare.com/article/20111128/MAGAZINE/311289955/

State’s Health Parity Act Overrides ERISA Plan’s Residential Exclusion

cmonfils | November 20, 2011

Employer’s Guide to Self-Insuring Health Benefits

Thompson Publishing                  November 2011      Vol. 19, No. 2

The 9th U.S. Circuit Court of Appeals ordered Blue Shield of California, the plan administrator of an insured ERISA plan, to cover a residential stay for psychological treatment despite plan terms excluding residential stays of any kind. The court even found that Blue Shield gave its plan document a sound reading. California’s Mental Health Parity Act provides coverage for “medically necessary” diagnosis and treatment of “severe mental illnesses,” whether or not it involves a residential stay. The court rejected Blue Shield’s attempt to circumscribe the Parity Act to services listed in that Act and matching the Knox-Keene Act. Then the court held Blue Shield forfeited its right to argue against medical necessity in court because it had not done so in the administrative stage.  (more…)

San Francisco Legislators Near Deal With Mayor To Curb Health Reimbursement Arrangements

cmonfils | November 16, 2011

SAN FRANCISCO—San Francisco Mayor Edwin Lee and the city’s legislators are nearing an agreement on a compromise plan to impose new restrictions on health reimbursement arrangements, potentially setting the stage for a new legal battle involving the city’s controversial health care spending law.

Proposed San Francisco Health Care Reform Adds Complexity For Employers

cmonfils | November 11, 2011

Last week, San Francisco’s Mayor exercised his veto power for the first time to stop legislation designed to close an alleged “loophole” in the San Francisco Health Care Security Ordinance. This week, employers wait to see whether the San Francisco Board of Supervisors will go back to the drawing board or pass competing legislation targeting the same perceived abuse. Meanwhile, the vetoed amendment is embedded in the competing legislation so that it would become law if alternate provisions are legally challenged. The vetoed and competing legislation fail to take into account federal health care and tax laws, undermining San Francisco employers’ ability to implement long-term solutions to their employees’ health needs. 

State Health Care Reform Update

cmonfils | October 26, 2011

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform.

Late News: AHA, lawmakers to consider raising Medicare eligibility age

cmonfils | October 12, 2011

www.modernhealthcare.com

By Modern Healthcare   Posted: October 3, 2011 – 12:01 am ET

Raising the Medicare eligibility age to 67 will be among a host of topics American Hospital Association members will discuss with lawmakers this week during the group’s advocacy meeting in Washington. “This is an idea that has been put forward by House Democrats, an idea put forth by the president,” said Tom Nickels, AHA’s senior vice president of federal relations. “So this is not an idea that doesn’t have a wide spectrum of individuals who are willing to consider it—not endorse it, but consider it.” (more…)

States Move To Implement Health Reform Provisions

cmonfils | September 19, 2011

www.hr.cch.com

CCH® BENEFITS — 09/01/11
from Spencer’s Benefits Reports: According to the Kaiser Family Foundation’s State Health Facts, 23 states have established American Health Benefit Exchanges under the Patient Protection and Affordable Care Act (ACA), have enacted legislation with the intent to establish an Exchange, or have Exchange legislation pending.
Massachusetts and Vermont have established Exchanges, while California, Colorado, Connecticut, Hawaii, Maryland, Nevada, Oregon, Vermont, Washington, and West Virginia have enacted legislation to establish an Exchange. Hawaii’s Exchange will be a nonprofit, Vermont Exchange will be operated by the state. The rest of the Exchanges will be quasi-governmental.
The Exchange will be a clearinghouse and contract with all qualified health plans in Colorado and Hawaii. In California, Connecticut, Oregon, and Vermont, the Exchange will be an active purchaser contracting with selected health plans and/or negotiating premium prices with health plans. The other states have not yet decided the type of Exchange they will operate.

In Illinois, Indiana (by executive order of the governor), North Dakota, and Virginia, legislation has established the intent to set up an Exchange, while Alabama (by executive order of the governor), Georgia (by executive order of the governor), Mississippi, and Wyoming will study the feasilibility of an Exchange.
The District of Columbia, New Jersey, North Carolina, and Pennsylvania have Exchange legislation pending.
For more information, visit http://statehealthfacts.kff.org/comparemaptable.jsp?ind=962&cat=17.
Rate Review Programs
The federal government will either conduct or assist health insurance rate reviews in nine states, according to the most recent fact sheet from the Center for Consumer Information and Insurance Oversight (CCIIO), which discusses the rate review requirements included in the ACA.
According to the CCIIO, as of Aug. 15, 2011, state rate review procedures were as follows:
  43 states, the District of Columbia, and one U.S. territory have effective rate review in at least one insurance market;
  41 states, the District of Columbia, and the U.S. Virgin Islands have effective review for all insurance markets and issuers.
  In two states (Virginia, Pennsylvania), the federal government will partner with the state to conduct reviews; and
  The federal government will conduct reviews in seven states (Wyoming, Montana, Missouri, Louisiana, Idaho, Arizona, and Alabama) and four U.S. territories (American Samoa, Guam, Northern Marianas Islands, and Puerto Rico) until those areas are able to strengthen their review processes and authorities.
Starting Sept. 1, 2011, insurers seeking rate increases of 10% or more for non-grandfathered plans in the individual and small group markets are required to publicly disclose the proposed increases and the justification for them.
For more information, visit http://cciio.cms.gov/resources/factsheets/rate_review_fact_sheet.html.

Healthcare Market Profile: San Francisco-Oakland-Fremont

cmonfils | August 7, 2011

www.modernhealthcare.com        By Rebecca Vesely     July 25, 2011 

A hospital construction boom is going on in the San Francisco Bay Area. 

Spurred by California’s seismic laws, hospital systems are spending billions to upgrade and revamp their facilities. Some of these projects have proved controversial, drawing criticism of market consolidation that has accelerated in the past few decades in the region.  (more…)

CALIFORNIA FEDERAL COURT HOLDS THAT THE MADE WHOLE DOCTRINE IS NOT AN EQUITABLE DEFENSE

cmonfils | July 11, 2011

Matthiesen, Wickert & Lehrer, S.C.     June 2011 Newsletter

By Ryan L. Woody

The Northern District of California recently came out with a surprisingly subrogation-friendly decision regarding application of the Made Whole and Common Fund Doctrines. In Aetna Life Ins. Co. v. Kohler, 4:11-CV-004390CW (N.D. Cal., May 23, 2011) an ERISA-sponsored Plan sought reimbursement from a husband and wife who settled their personal injury lawsuit. (more…)

Taking Aides – Reform Ruling Has Observers Facing Off On Future

cmonfils | July 11, 2011

www.modernhealthcare.com    By Vince Galloro   July 4, 2011

Like everything else associated with healthcare reform, the ruling last week by a federal appellate court that Congress has the power to impose an individual mandate to buy health insurance split observers into their familiar camps on the political left and right. The three-judge panel that made the ruling was itself divided, 2-1, on the question of the mandate’s constitutionality. (more…)