Sunday, January 19, 2020

Legislative Update, January 19, 2020


After just two weeks, it feels as though a month has gone by in the legislature and that there is only a month to go before the close of the biennium. It’s not far from true: there are only six weeks before “crossover” – the deadline for bills to be finished in one body if the other is to take it up this session. Unlike last year, when unfinished work could be picked up this year, all bills in progress die at the end of a biennium.
That makes it particularly surprising to see such a huge volume of new bills still being introduced by individual legislators. Although the media picks out some of them for headlines about what the legislature is “considering,” that isn’t accurate. Most will not get considered at all.
Our agenda (like most committees) is packed with ongoing state public policy priorities, follow-up on issues we tackled last year, the need to review the health care sections of the governor’s budget proposals, and the review of bills passed by other committees that have health care impacts.
After crossover, more and more time will be taken up with House floor action, and the scattered bits of committee time will be needed to review bills the Senate sent over.
In these first two weeks, part of our committee time was taken up by reviewing health care issues in the budget adjustment bill: that’s the bill every January that adjusts the current year budget based on actual expenditures and revenues.
We also needed to be brought up to speed on the newly exploding issue of the Brattleboro Retreat’s urgent request for additional state funds (and threat of closing without them) and the administration’s refusal to add more to the two increases already provided in the past year unless there were fiscal reforms there.
We heard an overview of the recommendations of the Rural Health Care Task Force we established last year, and a primary care work group. Both underscored our urgent need to address the losses in the health care work force at a time when our needs – as an aging population – will be increasing.
We attended a presentation by primary care health care experts before the Green Mountain Care Board, It was heartening to see members of the Commerce Committee also in attendance. This is a joint challenge.
We also heard reports about our health care insurance market, and whether there were opportunities to address cost burdens by changes in how it is organized – another report we requested last year.
We spent two mornings hearing from OneCare, the Vermont Accountable Care Organization that is implementing our All Payer Model for reforming how providers are paid.
Next week we will be getting updated on our pharmaceutical cost initiatives and where they stand: the cost transparency law, and our effort to help create a multi-state importation buying pool.
We will also be hearing the plan that has been created – on our directive from last year – on how to educate Vermonters about their rights under the health care information database.
There are several other major reports pending on mental health integration with health care and the needs for community-based residential services.
Each of those lead to a need for a “deeper dive” if we are going to try to address the challenges they raise. By the end of next week, and knocking off at least one week for budget work, that leaves four weeks for those deeper dives, which makes it clear that we cannot expect to be able to try to address all of them.
Here’s a review of a few of the key issues:
OneCare and BAA
The budget adjustment proposals from the governor brought OneCare to the forefront in the first week. The recommendation was to add money for half of the new projects OneCare asked to fund for the current year, for 3.9 million (1.8 in state funds and the rest in federal match.)
Lots of folks have been getting pretty antsy over whether the All Payer Model is going to pay off or not. It certainly hasn’t yet, but it is very early. When and how will we know whether to cut our losses and try something different?
The history matters. Several years back, the federal administration made the decision to change the way Medicare pays the providers who deliver care. Instead of paying for each service that a beneficiary receives, Medicare is shifting to paying based on the value of services received.
One of the mechanisms for doing that is through accountable care organizations. These are providers who get together and agree to be responsible for all the care a person needs for one set price. If they save money, they keep some of it, but they also take the risk of losing money.
The idea is to increase the incentive to focus on keeping people healthy instead of just paying for services after they are sick. Obviously, quality of care needs to be closely monitored, so that the savings don’t come by cutting corners on care when people do get sick.
Because of the financial risks, these provider organizations tend to be headed up by hospitals, which have more ability to absorb it than a medical practice would.
In Vermont, given our small size, we have only one accountable care organization that survived the initial federal trial years, and although it has broad provider membership, our biggest hospital network has the biggest part of running it.
All of this is still only a discussion of federal policy regarding Medicare.
About five years ago, Vermont looked at this emerging new federal plan and asked, wouldn’t it create greater efficiency and bring payment reform about more comprehensively if accountable care organizations took on state-run Medicaid and commercial insurers as well?
That would enable those payers to take advantage of the provider network that was assuming an “all care” payment instead of a fee for each separate service.
That required agreement by the federal government, since some of the standard Medicare rules would need to be more flexibility in order to pay for things that Vermont wanted to add. This agreement is the “All Payer Model.” All payer means available to all types of payers (insurers).
The federal agreement included the addition of extra federal money made available for start-up costs, which include new data analysis systems for the ACO (OneCare) finances and quality measures, creating the systems for managing the care of patients, and trying out new projects that stress prevention.
Although I have been chomping at the bit as much as anyone to see whether these investments are actually going to meet the promise of reducing cost and improving quality, we were reminded this week that we are just starting the third year of a rather momentous changeover in how health care is paid for. We can’t expect a quick turnaround. The data review for year one – 2018 – is not yet out, though it should be shortly.
Although there have been headlines about the huge increases in the OneCare budget, most of it is because they are taking responsibility for more patients and paying for their care. That isn’t a cost increase; it’s a shift in where the money is being funneled.
The OneCare administrative overhead costs have been going down each year on a per person basis (as well they should, based on economies of scale.)
Its year three budget does not show cost savings in health care delivery, but that is based on the investment money being put into creating the new systems. In addition, there are the costs of paddling two canoes with one foot in each.
If health costs were being paid “the old way” the costs of care for everyone OneCare is responsible for this year (250,000 Vermonters) would be $1.363 billion. The actual cost budgeted by OneCare is $1.425 billion. So there is a way to go.
The $62 million difference is in OneCare administration ($7 million) and the reform investments ($55 million.)
There is a chicken-and-egg element. Overall savings are not likely until getting to full scale – in other words, most people in Vermont receiving care coordinated by OneCare. But that takes enough health care providers agreeing to be paid this way, and health care buyers (the insurers) agreeing to pay for their members’ care this way. Both take on risk.
So far, providers have been joining more rapidly. By this year, every hospital (with all of their provider networks) will be participating. Commercial insurers have been more cautious. The vast majority of private insurance in Vermont is sold to large employer groups, and those groups, not the insurance company, make the decisions (sometimes through a bargaining agreement with their employees.)
In order to get to full scale, those groups will have to be convinced that it is in their interest to participate.
All this comes full circle back to the budget adjustment question of new state funds to help support OneCare projects on behalf of the state’s Medicaid members. Right now, Vermont provider hospitals are paying about 74 percent of delivery system reform investments, the feds are paying $16 percent, and the state is paying 10.5 percent.
In the usual course of Medicaid budgeting, the legislature does a careful review of new program proposals before funding them.
The $3.9 million in projects OneCare is proposing are not well fleshed out yet, and because the money is coming in the budget adjustment bill, we don’t have the time to do much of a review. There is some public policy power that is being turned over to this private provider entity.
The projects will still have to be approved by the state, so we recommended that language be added to the bill to direct the state Agency of Human Services to be fully engaged in project development. But we still weren’t happy about the timeline, and we told the Appropriations Committee that.
The Other Stuff
It’s taken so long to try to explain the status of OneCare that I’m going to have to postpone what I wanted to share about new changes in the health care market and a number of the other issues listed up top.
Other future topics: an overview of the one bill I introduced this session and the few others I signed on to as co-sponsor, and a brief list of key new bills that are being considered this session.
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Feel free to get in touch any time during the session with Rep. Goslant and me. There is a lot more going on than we can summarize, so if you have questions about something – ask. We are buried in committee work and don’t always know what is happening in other committees, but we can find out for you. It is an honor to serve you. (kgoslant@leg.state.vt.us; adonahue@leg.state.vt.us)
You can also contact me to receive these updates by email.

Sunday, January 5, 2020

2020 Legislative Preview


Legislative Preview
Rep. Anne Donahue
January 6, 2020

A new legislative session is beginning, and it will be tough to provide any kind of succinct overview of what to expect when so much is already underway halfway through the biennium. The most prominent economic issues are the debates on a minimum wage increase and paid family leave, plus our aging and shrinking population and its impact on our state budget. (Read: the affordability crisis.) Climate change will be high on the list of other issues. Controversies are also likely on marijuana and criminal justice initiatives.
So to start: the economic ones.
As Vice-Chair of the Health Care Committee, I can’t help but see the deep interconnections between wages, the family leave proposal, and access to health care. The deepest economic inequity we face is the huge variations in that access, yet our focus is on two areas that increase the risks of economic disparities.
What good is a minimum wage increase if someone gets minimal or no health coverage at work and can’t afford coverage or must pay premiums that far exceed that wage increase? Note that those least likely to have insurance via their job are those employed at small businesses, where employers struggle the most with costs and wages. Some will certainly reduce health coverage support to meet a higher minimum wage; some will cut jobs.
What good is family leave if it is paid out of one’s own salary?  Smaller employers with lower wage earners are least likely to be able to voluntarily contribute to the cost, particularly if they have just also been hit with a minimum wage increase.
And what good is the family leave  a person is required to pay for if they are not able to take advantage of it because their job is not protected when they want to return to work, because their small employer is exempt from holding their job open?
What good is the ability to stay home with an ill spouse if the spouse cannot get adequate medical treatment? What good is either a wage increase or family leave if it results in losing a benefit that provides greater support to the family, such as food stamps or health care subsidies?
I think it is critical is to focus first on equalizing access to health care before new benefits, and to support that focus by tying minimum wages to employer health care support. The creation of the job-health insurance link for financing health care was the fundamental accident of history that we are now so challenged in reversing. Let’s not make it worse by creating a new and similar program. And note that a voluntary paid family leave program is even worse because it further expands inequity based on employee bargaining power.
Our very poorest get Medicaid; the wealthy get health coverage through their jobs, or at minimum, it’s much lower as percentage of income; it is the lower middle to middle wage earners that are hit hardest. They may be getting more than minimum wage, but real earnings are hurt far more by health care costs. That’s why the earning “cliff” is so steep: lost benefits exceed wage increases. So despite good intentions, family paid leave and minimum wage increases without addressing financial access to health care potentially contributes to the very thing they seek to reverse:  the rich get richer, the poor get poorer.
Equity and affordability. Overly simplistic, but if, in concept, we took the net economic cost of minimum wage increases and paid family leave, and put it all into health care access, it would go a huge way towards greater financial equity. I want, at a minimum, to see greater connection between minimum wages and existing employer contributions to health care before supporting a blanket minimum wage increase.
When it comes to affordability, we hit broader topics as well. As we face a shrinking tax base both through an aging demographic and out-migration, we will have an ongoing battle to keep Vermont affordable while meeting our needs, for everything from roads to schools. As with so many subjects, our small size as a state dictates that we be compared with states around us. No amount of cash enticements will draw in new folks if they will lose out in relative income for years thereafter because of our high tax burden.
We have to stop ignoring the fact that we are outliers in taxing Social Security benefits and veterans’ retirement benefits. (We exempted low income Social Security from taxation two years ago, which was a good thing, but which ignores the fact that we need to help high income beneficiaries opt to stay in Vermont, as they still pay taxes on other income.) Taxing veterans’ retirement is a barrier to recruiting these highly trained folks to come to work here.
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On climate change, which will be front and center in many minds in Montpelier this year: I don’t think the debates much matter as to why the world’s climate is changing, or even how fast  or by how much it is or is not happening. The most minimalist outlook has to recognize that there will be significant impacts, and that we have an obligation to protect our environment for future generations.
The question is, how much we want to do to try to shift course – recognizing both our small role but also our responsibility to do our share. What are we willing to contribute – how much a priority? I have always fiercely opposed a “carbon tax,” primarily because – like with single payer health care, or even minimum wage – we are too small a state to take on the economic impact of a major change standing alone.
We now have the potential for a major regional collaborative among northeastern states to address transportation-based emissions. We do a lot already in Vermont on addressing heating fuel consumption through efficiencies, but not so much on the leading cause of CO2, which is from transportation. Electric car purchases aren’t going to put much of a dent in that, at least not for a while.The importance of a regional collaborative is that it doesn’t place us as a huge economic disadvantage with our competing neighbor states, adding to unaffordability on a comparative scale (which is where it most matters.)
The regional collaborative is already being attacked as “just another carbon tax” in a package that makes it look like something different. I don’t know enough about it yet to assess that, but I do note that we already use a “carbon tax” for heating efficiency: it’s the surcharge on our electric bills that pays for all the home heating incentives and supports provided through Efficiency Vermont.
So regardless of how it gets labeled, what will need to be assessed is what the cost-benefit trade-offs will be, and how equitably the costs will be shared. I will be looking forward to learning the details. I think it may be a very positive opportunity.
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Other issues on the immediate horizon include marijuana (whether to move from unregulated legal possession, to regulated legal sales and possession), and responses to concerns about the outcome when people are found not guilty of a crime based on insanity.
In concept, my feelings about marijuana have been to leave people alone when they are using small amounts of pot in private. Despite that conceptual support, I didn’t vote for our legalization bill a few years ago because it was too weak on protections against increased impaired driving and exposure to children. I’ve come to recognize that this “libertarian” perspective may not make sense on this issue. Legal possession without legal sales maintains the illegal market with all of its negative implications and doesn’t allow for state oversight. But the devil will still be in the details when it comes to a final proposal.
A second lurking issue is legislative response to the outrage regarding three individuals accused of murder or attempted murder who had charges dismissed last year in Chittenden County because the state’s attorney believed they had clearly established insanity defenses. I have always hated reactive law – laws passed to address a narrow issue based on a suddenly perceived crisis. Such laws tend to be debated out of context of broader public policy; they isolate one issue in a way that may be unwisely disconnected from other laws.
We have significant challenges in the ways we currently address the overlap of systems when someone is involved in serious crimes and is also in need of psychiatric treatment. I have a bill sitting “on the wall” that looks at this issue. (Sitting on the wall, in our jargon, means it’s been introduced but not taken up in committee.) It is a very complex area of law that needs attention. What it doesn’t need is a quick-fix approach that addresses only one narrow piece, based on one set of facts.
In whatever way we attempt to go forward, it bothers me deeply when I hear people say that we need to have automatic minimum stays in a locked psychiatric hospital for people who are not in prison because of being found not guilty by insanity. Pardon me? Lock people up when they were never convicted of a crime? “We know they did it” doesn’t work for me as a basis for depriving people of their freedom. We need to respect the constitution.
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Feel free to get in touch any time during the session with Rep. Goslant and me. There is a lot more going on than we can summarize, so if you have questions about something – ask. We are buried in committee work and don’t always know what is happening in other committees, but we can find out for you. It is an honor to serve you. (kgoslant@leg.state.vt.us; adonahue@leg.state.vt.us)