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Jan 13, 2016

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Legislative and Policy Preview 2016: Health Care

by | Jan 13, 2016

Health

In 2016, the Colorado Center on Law and Policy will work to ensure that Medicaid expansions are protected and that program is available to all eligible applicants and participants. CCLP will protect the interests of low-income Coloradans as Colorado moves forward with payment and delivery system reform. We will also work to ensure that benefits in the private insurance market are provided on a non-discriminatory basis.

This year, our health care priorities include:

Healthcare legislation
The state budget and the hospital provider fee  — CCLP will work to ensure that Medicaid is protected as legislators make decisions about how to address this year’s budget shortfall. We support the proposal to move hospital provider fee funds into a state enterprise. We oppose the Governor’s proposal to reduce Medicaid primary care provider rates and believe doing so is antithetical to the goals of Colorado Medicaid’s Accountable Care Collaborative.

Surprise billing — Too often, Coloradans who have had surgery or other services at in-network facilities may find themselves on the hook for surprise bills from out-of-network providers. These bills may far exceed in-network costs. Last session, Sen. Irene Aguilar introduced a bill that was intended to protect consumers from surprise bills. While the legislation failed as a result of strong opposition from the Colorado Medical Society (CMS), CCLP and its partners have continued to work with health insurance carriers and the CMS to develop a similar proposal. It is not clear whether legislation will be introduced on the matter this year.

Formulary transparency — CCLP has long been concerned about the affordability of healthcare as many middle- and low-income families experience significant hardship when faced with substantial out-of-pocket medical expenses. The increase in the number of high-deductible health insurance plans and the requirement that many health plans impose on their customers to pay their full deductible before the plans pay for medical care means that more people face high out-of-pocket costs. This is particularly true for people with chronic health conditions. In early 2015, after months of advocacy by CCLP, the Chronic Care Collaborative and the Colorado Consumer Health Initiative, the Colorado Division of Insurance issued a draft bulletin setting more reasonable cost parameters for insurers. One benefit of the bulletin was expanded use of copays, which allows for both greater transparency and more manageable costs for those with chronic health issues. This legislative session, CCLP will continue to work to improve transparency regarding formulary benefits for Coloradans.

Cost analysis for continuous Medicaid eligibility for adults — States have the option to provide children with 12 months of continuous eligibility for Medicaid and Child Health Plan Plus (CHP+), even if enrolled families experience an income change during the course of a year. Colorado exercises the option for children but adults are still eligible for Medicaid on a month-to-month basis only. As a result, increases in income can make adult recipients ineligible for Medicaid benefits. Additionally, there’s often a delay when people switch from Medicaid to private insurance that creates a gap in coverage, which means people may go without needed healthcare. Colorado can seek a federal waiver to provide continuous eligibility for adults. The first step is to study the costs of adopting continuous eligibility. Last year, the Colorado Department of Health Care Policy and Financing (HCPF) proposed a budget item to undertake that study, but the Joint Budget Committee rejected their request. CCLP anticipates there will opportunities to raise this issue again this session.

Aligning income and household definitions between Medicaid and Advance Premium Tax Credits (APTC) — While Medicaid expansions have helped hundreds of thousands of Coloradans access health care services, the potential for gaps in coverage remain significant. Currently, Medicaid calculates income eligibility for adults on a monthly basis, while the APTC is calculated based on annual income. Medicaid could help to alleviate churn between Medicaid and APTC eligibility by aligning better definitions of income and household. CCLP supports HCPF’s proposal to the Joint Budget Committee to move in this direction, although we want to ensure that Medicaid-eligible, low-income individuals and families are not locked into private insurance when their incomes drop.

Non-legislative advocacy work, research and projects
PACE conversions — With the prospect of an aging Colorado quickly becoming a reality, virtually everyone would prefer to remain at home and independent. CCLP has been representing the public interest in the matter of the proposed conversion from nonprofit to for-profit status of InnovAge, a Colorado Program of All Inclusive Care for the Elderly (PACE) provider. PACE offers a range of services to people over 55 who qualify for nursing-home level care but wish to remain independent.

During the 2015 Colorado legislative session, CCLP and its allies worked to ensure that language regarding PACE conversions was added to the bill (Senate Bill 137) that authorized Colorado PACE programs to operate as for-profit entities. InnovAge operates one of the largest PACE programs in the nation and this is the first conversion proposed since Congress authorized PACE programs to operate as for-profit entities. Issues to watch include whether the assets of the nonprofit InnovAge are valued fairly; whether the proceeds of the sale (to a private equity firm) are directed to an independent nonprofit entity that will use them to benefit the frail elderly and disabled in Colorado; and whether there are adequate oversight provisions following the conversion to ensure that PACE enrollees are protected. PACE serves dually eligible Medicaid and Medicare enrollees over the age of 55, among the most frail served by public health insurance programs.

InnovAge filed its Master Plan of Conversion with the Colorado Attorney General on Oct. 30. The public comment period in the proceedings ended on Jan. 8. For more information, visit the Attorney General’s website. T

The Colorado Commission on Affordable Health Care  — In 2014, CCLP strongly supported Senate Bill 187, which established the Colorado Commission on Affordable Health Care. Formed in mid-2014, the Commission will work until June 30, 2017, to identify, examine, report on and make recommendations to address the principle healthcare cost drivers in Colorado while maintaining the value and quality of health care for Coloradans. CCLP’s Elisabeth Arenales is an appointed member. The commission delivered its first report to the General Assembly in November. We hope the commission will be able to address the ongoing problem of healthcare affordability, particularly for low- and middle-income Coloradans.

Ensuring full access to the pediatric Medicaid benefit  — CCLP continues to work with community partners and HCPF to ensure that children get the benefits to which they are entitled under the federal Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program. After working with CCLP during 2014 and 2015, HCPF promulgated new regulations putting into effect the personal care benefit for children. And though we supported lifting the enrollment cap on the Medicaid waiver for children with autism, we are pleased that a September 2015 letter by CMS informed HCPF that behavioral health therapies will have to be provided for all children — not just waiver recipients — under EPSDT. CCLP will continue to work to ensure that the EPSDT benefit is available to all children for whom it is medically necessary.

The intersection of health and poverty —  CCLP is developing a new report to replace the health chapter historically included in the “State of Working Colorado” report. This report will examine the intersection of poverty and health through a place and race lens and will highlight data on economic security and opportunity, health access and costs, and health outcomes. A

Also on our radar
Aid to the Needy and Disabled (AND)  — AND provides a very small cash stipend (about $180 per month) and some medical benefits to disabled individuals with little to no income. The program was implemented primarily to serve as a temporary support for individuals that are likely to be approved for Supplemental Security Income (SSI). CCLP is leading an effort to get an AND pilot program that provides SSI application assistance to AND applicants extended for an additional four to six months.

Parity for Mental Health and Addiction Treatment  — CCLP continues to work with Colorado’s Coalition for Parity to address the need for better enforcement of the Mental Health Parity and Addiction Equity Act of 2008. Federal rules for private insurance were finalized in 2014, but enforcement is complex and data-dependent, and many states have yet to take a hard look at carriers’ compliance. CCLP commented on the draft rule regarding Medicaid programs, and awaits its finalization.

Medicaid for refugees, asylees and other protected immigrants — Everybody should be able to access benefits to which they are entitled. Last fall, CCLP learned that HCPF’s policy regarding refugees, asylees and other protected status immigrants is to terminate Medicaid eligibility after they have been in protected status for seven years. But HCPF created this policy based on what CCLP believes to be an incorrect interpretation of federal law. CCLP will continue to advocate for a change in that policy so that refugees, asylees and other protected-status immigrants are not deprived of their benefits.

– By Elisabeth Arenales

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.