Los Angeles Times

A Medicaid crackdown, for no reason

- MICHAEL HILTZIK

For all that President Trump loves to portray himself as a protector of Americans’ healthcare — witness his fatuous new claim to have “saved Pre-Existing Conditions in your Healthcare,” when he’s actually undermined those safeguards — perhaps the most consistent administra­tion healthcare policy has been an attack on Medicaid.

The new year brings the opening of a new front in this war on the government program specifical­ly aimed at bringing coverage to low-income households. The White House says it’s planning to tighten eligibilit­y rules for Medicaid.

That’s a process experts say is likely to raise administra­tive costs for states, reducing the funds available for medical treatment, and throw potentiall­y millions of people off the program even though they are eligible.

It’s happening, furthermor­e, despite the absence of credible evidence that eligibilit­y rules have been abused.

“We haven’t seen any compelling data that there’s widespread eligibilit­y fraud,” says Joan Alker, a leading Medicaid advocate as executive director of the Center for Children and Families at Georgetown University.

The administra­tion’s push for tighter eligibilit­y oversight, however, has states nervous that they’re about to be saddled with onerous new bureaucrat­ic responsibi­lities.

State Medicaid officials acknowledg­e that in a program covering more than 71 million people nationwide, some enrollees may not meet all the economic and categorica­l qualificat­ions.

But “we don’t see thesky-is-falling type of stuff,” says Matt Salo, executive director of the National Assn. of Medicaid Directors.

His members’ concern, he says, is that the administra­tion will propose “a laserguide­d mousetrap for a mouse.”

We’ve reported before on the hostility shown by the Trump administra­tion — and political conservati­ves generally — for Medicaid.

Based in part on animus shown by conservati­ves to any program specifical­ly devoted to lower-income residents, it increased sharply after the Affordable Care Act allowed states to expand Medicaid eligibilit­y beyond the traditiona­l population of low-income families with children to include low-income childless adults.

This has led to an unrelentin­g attack on ostensibly “able-bodied” Medicaid recipients, who are generally depicted as malingerer­s and layabouts sucking up precious healthcare dollars that should go to the traditiona­l recipients.

Typical of this line was the false claim that Ohio had thrown 34,000 disabled people off its Medicaid rolls to make room for the ablebodied, retailed by rightwing pundit Ben Domenech on the CBS “Face the Nation” news show as its moderator, the evidently uninformed and uninterest­ed John Dickerson, sat silently by.

The banner carrier for the anti-Medicaid campaign, sadly, has been Seema Verma, who as administra­tor of the Centers for Medicare and Medicaid Services, or CMS, at the Department of Heath and Human Services should be protecting the program, not underminin­g it.

Verma has happily promoted the “able-bodied” slam and has been in the forefront of the push to impose work requiremen­ts on Medicaid recipients, a policy that has been proved not to bring more healthcare to the target population, doesn’t reduce joblessnes­s and has been ruled illegal.

Unsurprisi­ngly, Verma has also been at the forefront of the eligibilit­y issue. In a November speech to the Medicaid directors group in November, she said that “lax eligibilit­y practices jeopardize the sustainabi­lity of the program” and hinted that her agency had compiled “deeply concerning” figures on enrollment of ineligible persons.

Though she didn’t produce the figures and acknowledg­ed that the CMS survey had covered only one-third of the states, she said the review had “identified deficienci­es” and added: “That sound you hear is the screeching of the canary in the coal mine.”

Verma justified her concern by asserting that Medicaid accounts for 30% of state budgets. In other words, she was aiming to protect states’ taxpayers, not just federal.

As it happens, this is an utterly bogus and highly dishonest statistic. It treats the amount the federal government pays for this federal-state program as if it’s state money. That’s tantamount to doublecoun­ting, since Medicaid is the largest source of federal dollars flowing to states, as Salo observes.

The actual share of nonfederal state funds devoted to Medicaid, according to the federal government’s own figures, is about 16%. Given that one of government’s primary duties is to sustain its most vulnerable population­s, does that sound excessive?

Soon after Verma’s speech, CMS published a 300-page report on financial measures, showing an improper-payment rate of 8.36% based on eligibilit­y. But a close reading showed that the vast majority of those cases were ruled improper because of bureaucrat­ic technicali­ties, not fraud.

Fewer than one-tenth of the improper payments were connected to patients who “were determined to be ineligible for Medicaid or the benefit provided,” the Georgetown Health Policy Institute’s Kelly Whitener reported.

In other words, the actual rate of improper eligibilit­y may be less than 0.83%. In any event, total enrollment in Medicaid has been falling — reaching 71.4 million in the third quarter of 2019, from a post-ACA peak of 75.1 million in early 2016. (The preACA monthly average was about 56.5 million.)

The CMS report generated vigorous responses on the right, including an op-ed in the Wall Street Journal by a former Trump administra­tion advisor and a fellow at the Cato Institute. They asserted that, according to their own “new research ... between 2.3 million and 3.3 million people with income above eligibilit­y thresholds ... are enrolled in Medicaid in expansion states.”

They wrote that “there are some areas, such as New York City and Los Angeles, where the problem appears so large that it suggests purposeful and fraudulent abuse on the part of local officials and the medical industry.”

The Cato-affiliated coauthor, Aaron Yelowitz of the University of Kentucky, told me by email that a series of audits by the HHS inspector general and state officials in Louisiana, Oregon and Montana “highlight the serious problem of improper enrollment.”

That those audits necessaril­y point to a surge in ineligible enrollees has been questioned by other scholars. The inspector general audits generally start from a small sample and extrapolat­e aggressive­ly.

An audit of California Medicaid (or Medi-Cal), for instance, was based on a sample of 150 enrollees out of a Medi-Cal population of 13.4 million; it determined that anywhere from 260,000 to 630,000 California­ns might have been improperly enrolled — a rate of 1.9% to 4.7%. But it didn’t conclude that all the improperly enrolled people were ineligible — just that the state’s verificati­on systems were faulty. The state said that the systems had been upgraded after the sample period, which was October 2014 through March 2015, near the launch of Medicaid expansion.

Critics of Yelowitz’s papers also asserted that eligibilit­y for Medicaid isn’t always evident from gross or taxable income of enrollees, since some income sources aren’t counted for eligibilit­y and low-income people often have volatile earnings, shifting them in and out of the eligible class. Yelowitz says his studies were adjusted to minimize those issues.

Medicaid officials say they take their responsibi­lities as stewards of taxpayer funds seriously, but that rigorous enforcemen­t of complicate­d rules can do little more than discourage the enrollment of eligible beneficiar­ies while producing minimal savings — “a pound of prevention for an ounce of cure,” in Salo’s words.

What’s really behind the eligibilit­y drive? Alker sees it as part of a broader campaign “designed to reinforce negative stereotype­s about Medicaid recipients” and a means to make states nervous about spending on the program. That’s a phenomenon that’s likely to prompt some states to cut back on the scope of their Medicaid programs.

What’s lost in this discussion is how crucial Medicaid has become to families at the lower end of the economic ladder. The program now pays for roughly half of all births in the United States (more than 60% across the South, which remains a nest of anti-expansioni­sm). It covers 62% of all nursing home residents, and is the largest single source of payment for mental health services.

“We cover all these things because nobody else wants to,” says Salo.

Under the circumstan­ces, shouldn’t the administra­tion have better backup for its claim that eligibilit­y fraud is an issue than bogus numbers and ideologica­l animosity?

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 ?? Shawn Thew European Pressphoto Agency ?? SEEMA VERMA, administra­tor of the Centers for Medicare and Medicaid Services, has been at the forefront of tightening Medicaid eligibilit­y rules, which critics call misguided and harmful to those in need.
Shawn Thew European Pressphoto Agency SEEMA VERMA, administra­tor of the Centers for Medicare and Medicaid Services, has been at the forefront of tightening Medicaid eligibilit­y rules, which critics call misguided and harmful to those in need.

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