State Legislators Check List for Health Reform Implementation

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    The 2011 State Legislators Check List for Health Reform Implementation

    DECEMBER 2010

    Rachel Morgan RN, BSN, Health Committee Director

    National Conference of State Legislatures 444 North Capitol Street, N.W., Suite 515 Washington, D.C. 20001

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    The 201

    N

    STATE E

    State Legislato

    tional Conferen

    PLOYEE BENEF

    s Check List for

    e of State Legisl

    IT CHANGES ......

    Health Reform I

    atures

    .........................

    mplementation

    .........................

    .........................

    .........................

    ..........................

    ..........................

    5

    .........................

    . 39

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    The 201

    N

    FY2011T

    American

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    Health Benefits E

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    xchangeS

    PLETE

    D

    IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions ISSUE

    PLANNI

    The Af

    individ

    directs

    govern

    and co

    either

    INITIAL

    The D

    their e

    to assi

    first in

    this do

    Pr

    O Cl FeThe ex

    and s

    benefi

    LINK TO

    mplementation

    NG FOR STATE EXCHA

    fordable Care Act

    ual market, and t

    states to establis

    ment or nonprofi

    stsharing credits.

    made by state legi

    UIDANCE TO STATES

    partment of Healt

    xchanges. The sec

    st states and territ

    a series of docum

    cument cover the

    inciples and Priorit

    tline of Statutoryrifications and Po

    deral Support for

    changes have bee

    all business shop

    s and services, an

    INITIAL GUIDANCE D

    NGE IMPLEMENTATIO

    (ACA) establishes

    o provide options

    and implement t

    entities will certi

    States have seve

    slators or depend

    ON EXCHANGES

    h and Human Serv

    etary plans to rel

    ories with their ov

    nts that will be re

    following:

    ies

    Requirementslicy Guidance, and

    he Establishment

    defined as a mec

    or coverage in a

    d quality.

    CUMENThttp://

    N IN FY2014

    a plan to facilitate

    for small busine

    e operation of an

    ying plans and id

    al options to stru

    nt upon actions t

    ices released guid

    ase regulations fo

    erall planning, incl

    leased by HHS ov

    of State based exc

    hanism for organi

    ay that permits e

    ww.ncsl.org/doc

    the purchase and

    s through Ameri

    exchange no late

    ntify individuals e

    ture their exchan

    ey take in session

    ance November 1

    r public comment

    uding the legislati

    r the next three y

    hanges.

    ing the health ins

    sy comparison of

    uments/health/11

    sale of qualified

    an Health Benefi

    than January 1, 2

    ligible for Medicai

    ges and many of t

    from 2011 throug

    thto assist states i

    in 2011, but has p

    e plans for 2011.

    ars. The categori

    rance marketplac

    available plan opti

    18ExchGuid.pdf

    6

    ealth coverage in

    Exchanges. The

    014. Stateestablis

    d, CHIP, and prem

    hese decisions wil

    h to 2014.

    n the developmen

    ovided this guida

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    1SHOP E

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    xchange is defin

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    d as meaning the

    Health Reform I

    atures

    NTATION

    TE

    Actions PLANNIN

    LEGISLAT

    Sta1.

    2.

    3.

    Det1.

    2.

    3.

    4.

    If tthe

    be

    Du De Co Gra

    to

    Detint

    Ve

    mall Business He

    mplementation

    G FOR STATE EXCHAN

    IVE CONSIDERATIONS

    te options for con

    Designation of th

    a new or exi an independ

    Whether to estab

    Whether to opera

    market.

    ermine governana governing board

    determine the pr

    designation of co

    licensure require

    e state exchange

    Department of H

    efits in relation to

    ies of the exchan

    ignate state auth

    form all state law

    nt necessary rule

    xchanges.

    ermine budget fo

    roperability requi

    sion 1.00).

    lth Options Progr

    GE IMPLEMENTATION

    [Based on recom

    ideration relating

    oversight authori

    ting state agency,

    ent public agency,

    lish a regional or in

    te a unified excha

    e mechanisms if t, its size, composi

    cess of appointm

    mittees or other

    ents.

    will require certai

    alth and Human S

    premium and cos

    e.

    rity responsible f

    to Federal ERISA f

    making authority t

    exchange, Medic

    rement, (refer to r

    m.

    IN FY2014 (contin

    endations from t

    to exchange struc

    ty within:

    or

    or quasigovernm

    terstate exchange

    ge by merging th

    e exchange is nottion and terms,

    nts to the board,

    entities involved i

    health benefits t

    ervices. (States m

    sharing assistanc

    r health benefit pl

    iduciary duties.

    o appropriate stat

    id, and CHIP infor

    esource documen

    ed)

    he NAIC model ac

    ure:

    ental agency,

    , and

    SHOP Exchange1

    located within a s

    heir powers and

    daytoday respo

    at exceed the ess

    st develop a mech

    e for enrollees.)

    an certification.

    e entities responsi

    mation technolog

    s, Guidance for E

    t]

    and the exchange

    tate agency includ

    uties,

    nsibilities, and

    ential benefits pac

    anism to defray t

    ble for implement

    systems needs ca

    change and Medi

    7

    for the individual

    ing:

    kage established b

    e cost of addition

    ing state law relat

    pable of meeting

    caid IT Systems,

    y

    l

    d

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions GUIDAN

    Accordi

    functio

    exchan

    particip

    Service

    I. EXC

    mplementation

    E FOR STATUTORY RE

    ng to the ACA ther

    s exchanges must

    es must exercise i

    ating in the excha

    Act.

    HANGE FUNCTIONS

    Core functions t

    1. Certification2. Operation o3. Maintenanc4. Assignment5. Presentation6. Provision of

    these progra

    7. Provision offor premium

    8. Certification9. Provision of10. EstablishmeAdditional Excha1. Presentation2. Provision for3. Consultation4. Publication

    QUIREMENT (BASED

    e are two basic ty

    undertake directl

    n certifying and m

    ges must also co

    at an exchange m

    recertification an

    a tollfree hotline

    of a website for

    f a price and qual

    of plan benefit o

    information on M

    ms,

    an electronic calcu

    tax credits and co

    of individuals exe

    information on ce

    t of a Navigator p

    nge functions inclof enrollee satisf

    open enrollment

    with stakeholders

    f data on the exch

    N HHSGUIDANCE R

    es of federal requ

    or, in some cases

    onitoring the perf

    ply with state ins

    ust meet:

    d decertification o

    ,

    roviding informat

    ity rating to plans,

    tions in a standar

    dicaid and CHIP el

    lator to determin

    st sharing reducti

    pt from the indiv

    tain individuals an

    rogram that provi

    ude:ction survey resul

    periods,

    , including tribes,

    anges administra

    LEASED NOVEMBER

    irements for exch

    , by contract; and

    rmance of Qualifi

    rance laws ad fed

    f plans,

    ion on plans to cur

    ized format,

    igibility and deter

    the actual cost of

    ns,

    idual responsibilit

    d to employers,

    es grants to entiti

    s,

    and

    ive costs.

    7,2010)

    nges which inclu

    2) oversight respo

    ed Health Plans (Q

    eral requirements

    rent and prospect

    ination of eligibil

    coverage taking i

    requirement,

    es assisting consu

    8

    e 1) minimum

    nsibilities the

    HPs). Plans

    in the Public Heal

    ive enrollees,

    ity for individuals i

    to account eligibil

    ers.

    h

    n

    ity

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions GUIDAN

    I. OV

    mplementation

    E FOR STATUTORY RE

    RSIGHT RESPONSIBILI

    HHS is required t

    QHP by an Excha

    1. Marketing2. Network ad3. Accreditatio4. Quality impr5. Uniform enrAdditional areas

    include:

    1. Informationand availabil

    2. Consideratiothe plan just

    3. Public discloand disenrol

    other inform

    4. Timely inforspecified pr

    5.

    Information6. Information

    QUIREMENT (BASED

    TIES

    o develop regulat

    nge:

    quacy

    for performance

    ovement and repo

    llment procedure

    here exchanges

    on the availability

    ity of essential co

    n of plan patterns

    ifications for curre

    sure of plan data i

    lment data, claims

    ation identified by

    ation for consum

    viders,

    for participants inon plan quality im

    N HHSGUIDANCE R

    ry standards in fiv

    measures

    rting

    s

    ust ensure plan

    of innetwork and

    munity providers

    and practices with

    nt premium incre

    entified, includin

    denials, rating pra

    HHS,

    ers requesting the

    group health planrovement activiti

    LEASED NOVEMBER

    e areas that insur

    ompliance with re

    outofnetwork pr

    ,

    respect to past p

    ses,

    claims handling p

    ctices, cost sharin

    ir amount of cost

    ,es.

    7,2010)(CONTINUE

    rs must meet in o

    gulatory standard

    oviders, including

    emium increases

    olicies, financial d

    g for out of netwo

    haring for specific

    9

    D)

    rder to be certifie

    established by H

    provider directori

    nd a submission

    isclosures, enrollm

    rk coverage, and

    services from

    as

    S

    s

    f

    ent

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions CLARIFIC

    Perassu

    StatHHS

    1. Wh2.

    Wh

    3. Wh20

    4. Wh5. Wh6. Wh

    re

    Statunl

    mplementation

    TION AND POLICY G

    ormance Measur

    re transparency.

    e Choices. Federal

    may offer recom

    ether to form the

    ether to form regiether to elect the

    6, which would li

    ether to require a

    ether to establish

    ether to extend s

    uired in the ACA).

    e Authority. The f

    ss authority to op

    IDANCE (BASED ON

    s. Standardized p

    rules will clarify t

    endations and te

    exchange as a gov

    onal exchanges oroption under the

    it access to exch

    dditional benefits

    a competitive bid

    me or all exchang

    ederal governmen

    erate the exchang

    HSGUIDANCE RELEA

    blic data reportin

    at the following p

    chnical assistance

    ernmental agency

    establish interstatCA to use 50 em

    nge coverage to e

    in the exchange b

    ing process for pl

    especific regulati

    will work with th

    has been delegat

    SED NOVEMBER 17,

    g will be used to e

    olicy areas, amon

    to States as they

    or a nonprofit en

    e coordination forloyees as the cuto

    mployer groups o

    yond the essentia

    ns,

    ns to the outside

    e Governor of the

    ed to a specific au

    010)(CONTINUED)

    aluate exchange

    others, are State

    ake these decisio

    tity,

    certain functions,ff for small group

    50 or less,

    l health benefits,

    insurance market

    State as the chief

    thority through st

    11

    erformance and

    decisions, althoug

    s:

    market plans until

    (beyond what is

    xecutive officer

    te law.

    h

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions

    RulesFEDERAL

    CM Co Pro

    en

    Proalr

    Newly

    resourc

    mplementation

    FUNDING FOR MEDIC

    S proposed rules

    ment period 60

    vides an enhance

    ancement of syst

    vides an enhance

    ady meets standa

    eveloped standar

    e documents, MED

    AID ELIGIBILITY DETE

    ere released Nov

    ays.

    FFP of 90 percen

    ms until calendar

    FFP of 75 percen

    rds and after 2015

    s will build upon t

    ICAID INFORMATION

    MINATIONS AND EN

    ember 3, 2010.

    for state expendi

    year 2015.

    for maintenance

    for systems that

    he work of the M

    ECHNOLOGY ARCHIT

    OLLMENT ACTIVITIES

    ures for design, d

    and operation of s

    ave just become

    dicaid Informatio

    ECTURE (MITA)fr

    PROPOSED RULES

    evelopment, instal

    ystems before 20

    ompliant.

    Technology Arch

    mework docume

    13

    lation or

    5 if the system

    itecture (MITA) (s

    ts)

    e

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    The 201

    N

    FY2011T

    AMERICAN

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    HEALTH BENEFITS EX

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    CHANGES

    PLETED IMPLEME

    DA

    FY2011

    Health Reform I

    atures

    NTATION

    TE

    Actions RESOUR

    HHhtt

    NAhtt

    STAtec

    GUI31

    HHhtt

    FEDhtt

    MEhtt

    mplementation

    E DOCUMENTS

    SINITIAL GUIDANCE T

    p://www.ncsl.org/

    IONAL ASSOCIATION

    p://www.naic.org/

    TE PLANNING GRANT

    hnology (IT) infras

    1. announ2. grant ap

    DANCE FOR EXCHANG

    0FINAL.pdf.

    S Memorandum:

    p://www.healthca

    ERAL FUNDING FOR

    p://www.ofr.gov/

    DICAID INFORMATION

    p://www.cms.gov

    O STATES ON EXCHA

    documents/health

    OF INSURANCE COM

    documents/comm

    SEARLY INNOVAT

    ructure needed t

    ement released O

    plication package

    E AND MEDICAID IT

    ederal Support a

    re.gov/center/lett

    EDICAID ELIGIBILITY

    FRUpload/OFRDa

    TECHNOLOGY ARCHI

    MedicaidInfoTech

    GES NOVEMBER 18,

    /1118ExchGuid.p

    ISSIONER America

    ittees_b_exchang

    R grants compet

    operate Health In

    ctober 29, 2010h

    http://www.ncsl.

    YSTEMS,VERSION 1.

    d Standards for

    ers/improved_it_s

    ETERMINATIONS AN

    ta/201027971_PI

    ECTURE (MITA)f

    Arch/ .

    2010f

    n Health Benefit E

    es_adopted_healt

    itive funding to de

    surance Exchange

    ttp://www.ncsl.or

    rg/documents/h

    http://www.c

    edicaid and Exch

    ys.pdf.

    ENROLLMENT ACTIV

    .pdf.

    amework docume

    change Model Ac

    h_benefit_exchan

    sign and impleme

    s.

    g/documents/hea

    alth/EarlyInovGrt

    s.gov/apps/docs

    ange Information

    ITIES PROPOSED RUL

    nts are available t

    14

    t adopted 11/22/

    es.pdf

    t the information

    lth/InstEIgrts.pdf.

    .pdf.

    JointITGuidance

    Technology Syste

    ES

    the public at

    10,

    11

    s

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    The 201

    N

    FY2011T

    FRAUD,W

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    STE AND ABUSE

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    MPLETED IMPL

    Jan

    Health Reform I

    atures

    MENTATION

    DATE

    . 1, 2011 ISS

    sti

    de

    re

    RE

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    Ex

    A

    mplementation

    UE

    506.OVERPAYMENT

    ll required to repa

    termination of th

    ayments of the F

    SOURCE DOCUMENTS

    e Centers for Med

    tended Period for

    DITIONAL RESOURCE

    Presentation fr

    Director, Medic

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    SExtends the pe

    collections in th

    amount of the ov

    deral portion wo

    icare and Medicai

    ollection of Provi

    m the National A

    id Integrity Group

    pi.org/members/

    iod for states to r

    period collected.

    erpayment due to

    ld not be due unti

    d Services memor

    er Overpayments,

    sociation for Me

    , Center for Progr

    2010presentation

    pay uncollected o

    When overpayme

    an ongoing judicia

    l 30 days after the

    andum July 13, 20

    http://www.cms.

    icaid Program Int

    m Integrity, Cent

    /MIGUpdate.pdf.

    verpayments to o

    ts due to fraud ar

    l or administrativ

    date of the final j

    10,

    gov/smdl/downlo

    grity Conference:

    rs for Medicare an

    17

    e year; states are

    e pending a final

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    dgment.

    ds/SMD10014.pd

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    The 201

    N

    FY2011T

    Health Ca

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    re Facilities & Wo

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    rkforce

    MPLETED IMPLE

    July

    FY

    Health Reform I

    atures

    ENTATION

    ATE

    1, 2011 ISSUE

    550

    Bu

    t

    Ga

    2011 ISSUE

    340

    Cc

    a

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    P A

    mplementation

    3.DISTRIBUTION OF

    eginning July 1, 2

    nder the graduate

    em for training o

    rants an exceptio

    re part of a qualify

    H.PROGRAM OF PAY

    reates a new secti

    osts to qualified t

    pproved graduate

    ayments will be in

    quivalent resident

    ayments are to be

    ppropriates for th

    DDITIONAL RESIDEN

    11, the secretary i

    medical educatio

    primary care phy

    to hospitals in ru

    ing entity which h

    MENTS TO TEACHING

    on of the Public H

    aching health cen

    medical educatio

    addition to GME

    s paid for by Medi

    reduced by 25 pe

    is purpose may no

    Y POSITIONS.

    s directed to redis

    program, if they

    icians.

    ral areas with few

    ad a voluntary resi

    HEALTH CENTERS TH

    alth Service Act r

    ers (THCs) for the

    (GME) training pr

    ayments and will

    care or Childrens

    rcent if the THC fai

    t exceed $230 mill

    ribute unfilled res

    have been unfilled

    r than 250 acute

    dency reduction p

    T OPERATE GRADUA

    quiring HHS to m

    expansion of exist

    ograms.

    not count against

    Hospital GME Pro

    ls to report certai

    ion, for the period

    idency positions a

    for three cost rep

    are inpatient bed

    lan approved.

    E MEDICAL EDUCATI

    ke payments for

    ing or the establis

    he limit in numbe

    rams.

    information.

    of FY2011 throug

    18

    llotted for paymen

    orts, and convert

    and hospitals tha

    N PROGRAMS.

    irect and indirect

    ment of new

    r of fulltime

    FY2015.

    t

    t

    Th 201

    St t L i l t Ch k Li t f H lth R f I

    l t ti

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    The 201

    N

    FY2011T

    HEALTH CA

    NOT

    STARTED

    State Legislato

    tional Conferen

    ASKS

    RE FACILITIES &WO

    IN

    PROGRESS

    CO

    s Check List for

    e of State Legisl

    KFORCE

    MPLETED IMPL

    Dec

    F

    Health Reform I

    atures

    MENTATION

    DATE

    Y2011 ISS

    . 31, 2011 ISS

    2011 ISSU

    1

    mplementation

    UE(FUNDING)

    0503.COMMUNITY

    Creates the Com

    Appropriates $1

    Also appropriat

    FY2015 and rem

    UE

    102. ACCOUNTABILI

    Directs HHS to e

    Medicare and M

    facilities.

    Calls for the est

    Facilities must d

    E

    09.PAYMENT FOR

    Increases Medicaand 2012.

    Qualifying hospit

    benefit spending.

    Payments will be

    hospital payment

    HEALTH CENTERS AN

    munity Health Ce

    billion for FY 201

    s $1.5 billion for h

    ain available until

    Y REQUIREMENTS FO

    stablish and imple

    edicaid skilled nur

    blishment of stan

    evelop and submit

    UALIFYING HOSPITAL

    re payments to ac

    ls must be locate

    in proportion to it

    s for all qualifying

    THE NATIONAL HEA

    ter Fund.

    , for community h

    ealth center const

    expended.

    SKILLED NURSING FA

    ment a quality ass

    sing facilities (SNF

    dards relating to q

    a plan to meet th

    S.

    ute care hospitals

    in counties rank

    s Medicare inpatie

    hospitals.

    LTH SERVICE CORPS F

    ealth center opera

    ruction and renov

    CILITIES AND NURSIN

    urance and perfor

    s) and nursing faci

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