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Federal Policy Update Colorado Elder Law Section Federal Policy Update Colorado Elder Law Section

Federal Policy Update Colorado Elder Law Section - PowerPoint Presentation

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Federal Policy Update Colorado Elder Law Section - PPT Presentation

April 20 2017 David M Goldfarb JD Senior Public Policy Manager Contents American Health Care Act Targeted Medicaid Reform 1115 Waivers Other items tax SS Medicare ect Discussion ID: 757878

million medicaid state tax medicaid million tax state cap ahca reform percent ssi health act year option dollar medicare

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Slide1

Federal Policy UpdateColorado Elder Law Section

April 20, 2017

David M. Goldfarb, J.D.

Senior Public Policy ManagerSlide2

Contents

American Health Care Act

Targeted Medicaid Reform

1115 Waivers

Other items (tax, SS, Medicare,

ect

.)

DiscussionSlide3

American Health Care Act (AHCA)

AHCA contained

Health insurance reform

Tax cuts

Per-capita

cap Medicaid with block grant option

Ended Medicaid expansion

Targeted Medicaid Changes

Congressional Budget Office (CBO) analysis

24 million would lose coverage over ten years

$880 billion dollar cut to Medicaid

Tax cuts about equal to Medicaid cutsSlide4

AHCA: Health Insurance Reform

Continuous coverage requirement

Age-ratio increase with state flexibility

Tax support based on age with income phase-out

$100bn fund for states to use for reinsurance and other purposes

No individual or employer mandates

Actuarial value gone

Essential Health Benefits up to statesSlide5

Key Tax Cuts

Medical Expense Deduction

. Reduces the qualifying adjusted gross income threshold from 10 percent to 5.8 percent. Deduction was 7.5 percent pre-ACA.

Withdrawals from Health Savings Accounts

: Lowers non-medical expense withdrawal penalty from 20 percent to 10 percent — the amount before the 2010 law was passed.

Ends limits on Flexible Spending Accounts:

The ACA set a $2,500 cap, adjusted for inflation. The legislation would lift the cap.

End of Medicare Taxes for wealthy:

individuals earning more than $200,000 or $250,000 for couples pay a surtax of 0.9 percent.

Net investment tax of 3.8% above MAGI 200k/250k.Slide6

AHCA: Medicaid Reform

Current system

Based on a state-federal matching rate (FMAP).

Range varies from 1 extra dollar per dollar spent to 3 extra dollars per dollar spent.

Colorado is 1:1Slide7

AHCA: Medicaid Structural Reform

Per Capita Cap Overview

Caps federal contribution at a fixed dollar amount per beneficiary based on FY 2016 numbers by category.

Elderly and Disabled Categories after amended would grow at medical inflation plus one percent;

Other populations at medical inflation.

Block grant option only for non-disabled adults and children at inflation.Slide8

AHCA: Medicaid Structural Reform

Per Capita Cap Mechanics

Calculation run, essentially: $ per beneficiary * # of beneficiaries= total allowable federal contribution.

E.,g

: 5ths per beneficiary * 10ths beneficiaries= 50 million dollars federal cap

State spends using current FMAP.

Year1: spends 50 million gets 50 million

If state exceeds cap: Feds recoup payments on a quarterly basis following year

Year 1: 55 million + 55 million= 110 million; year 2= 55 million + 45 million (55 million minus 10 million);

If state spends under cap: no savings

Year 1: 45 million + 45 million= 90 million. Year 2: No free 5 million extra.Slide9

Per-Capita Cap Concerns

Change in state financial incentives

Cut in services and quality

Medicaid is mostly optional

Mandatory population: SSI

Mandatory NH vs. Optional HCBS: Optional

Medically needy pathway options

Eligibility changes inevitable

Easily “dial-able.”

Doesn’t address demographic shiftsSlide10

Medicaid: Coverage vs. SpendingSlide11

Targeted Medicaid ReformsSlide12

Lotto winnings under MAGI

Count certain lump-sum distributions as income over time for MAGI Medicaid

Proposal has gotten refined over time, AHCA just lotto winnings and inheritances.

$80,000 threshold before application.

Amortized at 10,000 a month thereafter.Slide13

CALM Act

½ of a community spouse annuity made available to the institutionalized spouse

Includes non-IRA retirement account

annuitization

within 5 year look back.

Approved by subcommittee, not included in AHCASlide14

CALM Act Cont.

Concerns

Overbroad: includes retirement accounts

Overbroad: hurts working/middle class not just high dollar annuities.

Incentivizes divorce.

Women most harmed.Slide15

End option for home equity limits

Ends option for a state to expand home equity limit for “single individuals” above 560k up to 840k (inflation adj.)

Also a bill- H.R. 1082, Medicaid Home Improvement Act.

Issues:

No guarantee of reverse

mtg

/line of credit; could cause forced sale;

If institutionalized: in some states becomes an available resource or in others family must maintain and deal with potential estate recovery; and

Counteracts HCBS

HCBS is cheaper because it does not pay for room and board.

Liquidation means no home to come back too if institutionalized.Slide16

End of 3 month retroactive coverage

Moved three month retroactive eligibility only to month of application.

Also a bill- H.R. 180.

Lose-Lose for Providers and Families:

Providers don’t get paid.

Families could get sued or not admit family member at appropriate time without Medicaid guarantee.Slide17

Community First Choice

Affordable Care Act created Community First Choice (CFC), a state plan option that provides personal attendant services without a waitlist. States got 6% FMAP boost in exchange.

Low income threshold (150% SSI)

AHCA sought to end 6% FMAP, potentially ending CFC as a viable option.Slide18

Money Follows the Person

Demo that:

Supports Medicaid enrollees who want to transition from nursing facilities back to community-based settings;

Helps states develop infrastructure to promote and enhance access to HCBS.

Expired last year (some funds remain).

Colorado Choice Transitions (CCT)Slide19

Arising issue: 1115 WaiversSlide20

Mar. 14 Price-Verma Letter

“Ushering in new era” where states have

more freedom to design plans

State plan amendments-

more fast-tracking

and approval of demos done in another state and review MCO regulations

HCBS settings- allow more time

and more state involvement in compliance

Wyden/Pallone

raise concern

about use of 1115 for work-requirements, cost-sharing, and other issues for NDE beneficiariesSlide21

1115 Waivers Basics

Negotiated with CMS

Notice and comment requirements

“Experimental, pilot, or demonstration project,

” meaning a state must be using the authority to test some hypothesis

Likely to assist in promoting the objectives of the Medicaid program.

Can waive Medicaid requirements

under 42 U.S.C 1396a

Budget neutral

comprehensive or narrowSlide22

Medicare, Social Security, and TaxationSlide23

Medicare

Big Medicare reforms not presently on agenda.

Chronic Care work in Senate Finance Committee

Working to end “observation status.”

Labeling prevents Medicare Part B SNF coverage

Therapy Cap exception expires Dec. 31, 2017.

Limits: Physical and Speech combined $1940.00; Occupational $1940.00

Automatic exception when beneficiary requires continued skilled therapy to achieve their prior functional status or maximum expected functional status within a reasonable amount of time

Exception for after $3700, subject to RAC reviewSlide24

Social Security

Good news: SS Retirement/SSDI cannot be done via reconciliation per rules!

Bad news: SSI can be reformed via reconciliation

SSI for Children

in Speaker Ryan’s Better Way

Expresses concern about number of Children on SSI

The individuals stay on SSI on average 26.7 years

30 percent of older teens on SSI dropout of H.S.

Solution: end or limit cash assistance and replace with services

, such as mental or physical therapies or SPED services in school.

Rep Payee Issues:

Bipartisan interest, hearing held on Feb. 7, NAELA participating in CCD recommendations.Slide25

Speaker Ryan’s Tax Proposal

Move towards elimination of deductions

No more AMT

lower rates on pass through and small businesses (topped at 25% bracket)

Capital gains get deducted by 50%, so taxed at either 6%, 12.5%, or 16.5%

Consolidate standard deduction, personal exemptions, and child tax credit

Consolidate education benefits (529,

ect

.)

End estate and generation skipping taxesSlide26

Tax Reform: Other Issues

ABLE Act

Improvements

529 Rollover

Increase by FPL ($11,400) if working

Age increase to 46

Elder care/ child care tax deductions/credits (Trump stated priority)

AHCA demise makes tax reform harder

Revenue-neutral or not? What can change via reconciliation? Disagreement on boarder adjustment tax.Slide27

Other Items

“Deconstruction of Admin state” and legal reforms.

Discretionary items, such as Senior Health Insurance Program (SHIP).

CHIP Expires Sept. 30, 2017

Could be vehicle for Medicaid eligibility cutsSlide28

Discussion