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5/22/2015
1
Federal UpdateNDHA Board of Trustees
May 21, 2015
John w. Flink, Consultant, Federal Affairs, NDHA
Agenda
• SGR Review
• King v. Burwell
• The Rest of the Year
5/22/2015
2
March 2015 Deal: SGR Repeal & Replace• 0.5 percent update from 2015 through 2019
• 0 percent update from 2020 through 2025
• Transition physician pay away from volume-based system to one based on value
Consolidate three current quality programs into one that rewards providers who meet performance thresholds – i.e. value-based purchasing
• Establish process for improving payment accuracy for provider services
• Incentivize care coordination
• Incentives to move to alternative payment models
5 percent bonus to providers who receive significant revenue from an APM or PCMH
Participants need to receive 25 percent of Medicare revenue through an APM in 2018 – 2019
March 2015 Deal: Other Provisions… Medicare extensions
Delay enforcement of “two-midnight” policy (through September 30, 2015)
Extend rural ground ambulance add-on payments, including for “super rural” (through December 31, 2017)
Extend outpatient therapy caps exceptions process (through December 31, 2017)
Extend home health rural add-on payments (through December 31, 2017)
Extend Medicare rural low-volume adjustment (through September 30, 2017)
Extend Medicare dependent hospital program (through September 30, 2017)
Fund CHIP (through September 30, 2017)
Fund community health centers (through September 30, 2017)
Teaching Health Center Program funding (FY 2016 – 2017)
5/22/2015
3
March 2015 Deal: Financing Estimated $210 billion cost
$70 billion offset with provider-beneficiary Medicare savings
$140 billion not paid for
Beneficiary cuts
Increase percentage higher-income beneficiaries pay toward Part B and D premiums
Limit first dollar coverage on Medigap plans
Provider provisions
PPS hospitals: Phase in over six years restoration of coding adjustment payback set for 2018
Prevent 0.55 percent coding adjustment on PPS hospitals
Sets post-acute update at 1 percent in 2018
Eliminates Medicaid DSH cuts in 2017, lowers 2018 – 2020 cuts, increases cuts in 2021 – 2024 and extends cuts into 2025
The Rest of the Year…
Trade Deal TAA paid for with extension of Medicare sequestration
21st Century Cures
• 340
• Interoperability
• Pay-fors
Physician-owned hospitals
King v. Burwell – the Congressional response?
5/22/2015
4
More in 2015…
Budget
Budget resolution approved – sets spending, revenue targets
FY 2016 appropriations – October 1 deadlineCommittees are beginning to work on billsWill continue through summer and fall
Budget deal possible
Could include entitlement cuts
Venue Debt ceiling – September – November
End-of-Year sequester fix
NDHA’s Agenda for the Rest of the Year
Unfinished business Pass 96-hour, supervision fixes RAC reforms
Long-range policy initiatives Ongoing discussions about threats to access in rural and frontier
areas Medicare waiver AHA task force
Appropriations Adequate funding for workforce development, Flex and other rural
grant programs
Be vigilant Protect 340B program, CAH program Prevent additional payment cuts in a budget reconciliation, deal or
debt limit bill
Save the Date!Medicare Rural Hospital Flexibility Program (Flex) CAH Pre-conference June 2, 20158:00–11:15 am CST(prior to the Dakota Conference on Rural and Public Health)
Grand Hotel • Minot, North Dakota
Who should attend CEO, CFO, CNO, DON, EMS, & QI staffNursing CEUs and LTC Administrator contact hours available.
Registration fee: $15
To registerruralhealth.und.edu/dakota-conference/registration
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
HB 1035
Provide for legislative management
studies of the state's health care
delivery system and a behavioral
health and addiction training initiative.
Continues the study of the health care delivery system in
North Dakota including Behavioral Health.
Health Care Reform
Interim Committee
House IBL Senate
Human Services
Committee
PASS(H)
85-1
PASS(S)
47-0
PASS(H)
88-4
HB 1036
An ACT to provide for the state
department of health to study health
professional assistance programs
and report to the legislative
management.
During the 2015-16 interim, the DOH shall evaluate the
state programs to assist health professionals, including
behavioral health professionals, with a focus on state
loan repayment programs for health professionals.
Health Care Reform
Interim Committee
Health Care Reform
Committee
PASS(H)
74-9
PASS(S)
45-1
Engrossed HB
1039
Relating to health insurance coverage
of substance abuse treatment; to
repeal 26. 1-36-08.1 of the ND
Century Code, relating to alternative
health insurance coverage of
substance abuse treatment and to
provide for application.
Issues was addressed without the necessity of the bill
FAILED TO PASSHealth Care Reform
Interim Committee
House
Human Services
Committee
Senate Human
Services Committee
PASS(H)
80-12
FAIL(S)
4-42
HB 1040
Expands the scope of practice for
Advanced Practice Registered
Nurses in involuntary commitment
proceedings
This bill authorizes additional medical professionals,
specifically nurse practitioners and physician assistants
with specialized mental health training to act in matters
of involuntary treatment.
Health Care Reform
Interim Committee
Senate
Judiciary Committee
PASS(H)
93-0
PASS(S)
46-0
PASS(H)
93-0
WRAP-UP64th Legislative Assembly - Behavioral Health Bills
Page 1
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
HB 1046
Relating to expanded traumatic brain
injury programming and to provide an
appropriation
Appropriation requested in the
original bill - $1,975,000
The amendments to this bill deleted sections one
through three relating to the traumatic brain injury
registry. The amendments provided $375,000 for
providing skill services as well as $50,000 for
coordinating services for individuals with TBI.
NOTE: There are also TBI services covered in HB 1256
and in the 3005, a study.
Human Services
Interim Committee
Human
Services Committee
PASS(H)
93-0
PASS(S)
47-0
PASS(H)
89-3
PASS(S)
47-0
HB 1048 Relating to uniform licensing
During the 2015-16 interim, the board of addiction
counseling examiners, board of counselor examiners,
North Dakota board of social work examiners, state
board of psychologist examiners, state board of medical
examiners and North Dakota marriage and family therapy
licensure board shall in collaboration with the other
boards, develop a plan for the administration and
implementation of licensing and reciprocity standards
for licensees.
(Duane Houdek form Board of Medicine will facilitate
discussions)
Human Services
Interim Committee
Senate
Human Services
Committee
PASS(H)
92-0
PASS(S)
47-0
Page 2
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
HB 1049
Relating to loans and grants for
certain behavioral health
professionals.
Appropriations requested in original
bill - $1,380,000
This bill implements the following actions:
1) Requires Bank of North Dakota to develop and
implement an addiction counseling internship loan
program with a revolving fund.
2) As dedicated funds become available, the Center for
Rural Health at the UND School of Medicine & Health
Sciences (AHEC), has the infrastructure expertise
experience and established relationships to provide a
statewide assessment of viable internship sites for
addiction counselors and to implement and provide
oversight for such a program.
3) Appropriates $200,000 for purposes of the addiction
counselor internship loan program revolving fund.
Appropriations approved in final bill - $200,000
NOTE: It was suggested to the board that they
substitute "clinical experience" for "internships" to
enable students to qualify for student loans.
Human Services
Interim Committee
Senate
Appropriations
Committee
PASS(H)
85-8
PASS(S)
43-2
PASS(H)
81-88
PASS(S)
46-1
HB 1115
Relating to state behavioral health
professional loan repayment
program.
Appropriation requested in original bill
- limits of $90,000 and $60,000 over
two years
FAILED TO PASSHuman Services
Committee
House Human
Services Committee
FAIL(H)
4-86
Engrossed HB
1272Relating to certification of medical
psychologists FAILED TO PASS Rep. Fehr
House
Human Services
Committee Senate
Human Services
Committee
PASS(H)
64-28
FAIL(S)
6-41
Page 3
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
Engrossed HB
1273
An ACT to require the AG to develop
and implement a pilot grant program
to integrate the services of LSW's in
law enforcement agencies; to provide
for a report to legislative
management and to provide an
appropriation.
Appropriation requested in original bill
- $600,000
FAILED TO PASS Rep. FehrHouse Human
Services Committee
FAIL(H)
33-60
HB 1396Relating to student loan repayment
programs for health care
professionals.
The amendments to this bill clarified the requirements of
the loan program.
NOTE: The Health Council will administer newly
streamlined programs. HB 1396 also has a continuing
appropriation of nearly $700,000. In addition, additional
grants, gifts and federal dollars could increase total
dollars available.
Rep. Sukut,
Damschen, Fehr,
Hatlestad, Lefor, Rohr;
Senator Bekkedahl
Education
Committee
PASS(H)
78-13
PASS(S)
47-0
PASS(H)
77-15
PASS(S)
47-0
Page 4
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
SB 2012DHS Budget Bill
Appropriation requested in original bill
- $3,646,706,208.
DHS Budget bill. Included in this bill:
1) behavioral health services quarterly reporting all
behavioral health services provided or supported by
DHS.
2) continues the Autism Spectrum Disorder Voucher
Program.
3) Funds $75,000 for parent-to-parent support group.
4) Funds $75,000 for family-to-family support in counties
with a population of less than 6,000.
5) Mental Health Hotline services - Legislative
Management shall consider studying the various
telephone contact numbers supported by state
appropriations to access services.
6) Legislative Management shall consider studying
services for children with autism.
Appropriations approved in final bill - $3,515,609,581
NOTE: Detail of behavioral health items added arelisted below.
Governor
Senate
Appropriations
Committee
PASS(S)
47-0
PASS(H)
72-20
PASS(H)
79-11
Page 5
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
SB 2012 Outcome ContinuedSB 2012 also requires a new Behavioral Health Services quarterly report. "The department of human services shall publish a quarterly report of all behavioral
health services provided by or supported by the department. The report must include each type of behavioral health service, the number of clients served for
each service, and the amount of state and federal funds budgeted and spent for each service. Data must be identified for behavioral health services by human
service region and by mental health services provided to children, mental health services provided to adults, and substance abuse services".
The DHS budget also included $1.4 million in increase for Autism Spectrum Disorder services in the following areas:
1) Increased waiver slots to 25.
2) Increased voucher slots by 10.
3) Increased Autism Waiver from 7 years to thru 9 years. (12 slots)
Page 6
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
Reengrossed
SB 2045
Provide voucher system for addiction
treatment services.
Appropriation requested in original bill
- $2,000,000
Appropriation of $750,000 was put in SB 2048
FAILED TO PASS
Human Services
Interim Committee
House
Human Services
Committee
PASS(S)
45-0
FAIL(H)
25-68
SB 2046
To increase access for adult and
youth behavioral health services
Appropriation requested in original bill
- $3,025,000
This bill requires DHS (effective 01/16) to allow licensed
marriage and family therapists to enroll and be eligible
for payment for behavioral health services provided to
recipients of medical assistance, subject to limitations
and exclusions DHS determines necessary.
An appropriation was not needed because LMFT's would
be eligible for reimbursement through regular Medicaid.
Human Services
Interim Committee
House
Appropriations
Committee
PASS(S)
45-0
PASS(H)
86-7
PASS(S)
46-0
Page 7
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
SB 2047Relating to the definition of a qualified
mental health professional.
This bill included the following:
1) Under definitions, they deleted definitions of "qualified
mental health professional".
2) Amended the method of providing service by deleting
"full time or part time employment of all contracts with
qualified mental health professionals" and replaced it
with " as set forth by department rules".
3) Requires DHS to adopt rules defining which
professional may provide clinical supervision, review,
and may develop, update and sign on individual
treatment plans within a psychiatric residential treatment
facility for children.
NOTE: DHS will adopt rules concerning which
professions will provide treatments based on their
scopes of practice as defined in current state statutes.
Human Services
Interim Committee
House Human
Services Committee
PASS(S)
46-0
PASS(H)
84-1
Page 8
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
SB 2048
This bill requires/allows for:
1) Requires school boards ensure a candidate for
teacher licensure demonstrates competencies in youth
mental health. The bill lists several specific
competencies.
2) Requires each school district to provide a minimum of
8 hours of training on youth mental health to elementary,
middle and high school teachers and administrators
once every two years.
3) Requires superintendent of public instruction to
collaborate with regional education association to
disseminate information.
4) Requires Department of Public Instruction to compile
information on mental health training provided by school
districts and provide a report to the legislative
management.
5) Out-of-state teachers applying for ND licenses can be
issued a 2-year provisional license during which time
they are required to take 8 hours of continuing education
in youth mental health.
6) DPI will compile information on mental health training
provided by school districts and report to legislative
management. 7)
Provides $150,000 to DHS for 1FTE and for the purpose
of facilitating the behavioral health planning protocols
for discharge or release of individuals with behavioral
health issues. Planning protocols must involve law
enforcement, health care providers and other related
organizations and must include outcome measure.
8) Provides $750,000 to DHS for the purpose of
establishing and administering a voucher system to
address underserved area and gaps in the state's
substance abuse treatment system and to assist in the
payment of addiction treatment services provided by
private licensed substance abuse treatment programs to
start 7/01/2016.
NOTE: Appropriation approved in final bill - $150,000.
Human Services
Interim Committee
House
Appropriations
Committee
PASS(S)
45-0
PASS(H)
82-7
PASS(S)
46-0
PASS(H)
73-16
Enhance behavioral health services
by establishing a consistent and
common methodology of
assessing/diagnosing those in need.
It also addressing the need for crisis
intervention in our rural communities
by providing training to the Critical
Access Hospitals.
Appropriation requested in original bill
- $6,225,000
Page 9
5/22/2015
Bill No. Original Subject Matter Final Bill Outcome Sponsor(s) Committee Resolution
SB 2162
Relating to loan repayment programs
for social workers and addiction
counselors; and to provide an
appropriation.
Appropriation requested in original bill
- $360,000
NOTE: $200,000 in HB 1049
FAILED TO PASS
Senator LarsenSenate Human
Services Committee
FAIL(S)
4-41
SCR 4021
Directing the Legislative Management
to study how the institution for mental
disease Medicaid reimbursement
exclusion impacts this state, including
the impact on Medicaid enrollees and
on private and public sector
providers.
Directing the Legislative Management to study how the
institution for mental disease Medicaid reimbursement
exclusion impacts this state, including the impact on
Medicaid enrollees and on private and public sector
providers.
NOTE: Current IMD exclusion limits ability of facilities to
expand cost effectively, because of limit to 16 beds or
fewer.
Sen. Mathern, J.Lee
Rep. Silbernagel,
Hogan, Hofstad
House
Human Services
Committee
ADOPTED
ADOPTED
PASS(S)
47-0
PASS(H)
86-1
SB 2049Behavioral Health professional role
clarification.
During 2015-16 interim, DHS in consultation with DOH
and other stakeholders shall study references to mental
health professionals to determine whether changes in
law may help to more fully utilize there professionals
within their scope of practices. DHS shall report
recommended changes in alignment with the most
current professional standard or with the most current
diagnostic and statistical manual.
Human Services
Interim Committee
House
Human Services
Committee
Page 10