Modern Healthcare

5 burning topics for Seema Verma

- By Susannah Luthi

CMS Administra­tor Seema Verma testified before a Senate panel last week for the first time since her confirmati­on hearing, giving lawmakers a rare public opportunit­y to bring up policy issues that are key for their states. Here are five things senators wanted to know more about.

1 Pre-existing conditions and the Obamacare lawsuit

This summer, the Trump administra­tion made waves with its refusal to defend the Affordable Care Act in a lawsuit filed by Republican attorneys general from 20 states. The Justice Department also asked the federal judge in Texas presiding over the case to overturn the law’s consumer protection­s, including guaranteed issue for people with pre-existing conditions.

Verma said congressio­nal leadership should hold a vote on those protection­s. “I’m deeply concerned about people with pre-existing conditions,” said Verma, who wouldn’t comment on the pending litigation. “My job is to implement the law. If the law changes, I would work with Congress to make sure there is protection for pre-existing conditions.”

2 Medicaid work requiremen­ts

Verma has previously said she is concerned about work requiremen­ts in states that haven’t expanded Medicaid because of the so-called subsidy cliff—since ACA tax credits can’t be applied to people below 138% of poverty. She defended the concept of work requiremen­ts for the expansion population, emphasizin­g the CMS’ guidance that requires states not to include kids, pregnant women or the disabled and medically frail in their proposals.

3 Medicare wage index

Verma said the CMS will look at the methodolog­y and noted the agency included a request for informatio­n from stakeholde­rs in the rule, adding that she is concerned about disparitie­s that are particular­ly detrimenta­l to rural areas. She said she hopes the Trump administra­tion will be able to do something on the wage index.

4 Medicare and opioid abuse

Verma defended the Trump administra­tion’s decision to not negotiate for naloxone in Medicare Part D, where prices for opioid overdose reversal drugs are spiking in response to increased demand, especially compared to what the VA health system pays for the same drug.

5 Medicaid drug classifica­tion

Verma said the CMS only had guidance authority to address the problem of manufactur­ers misclassif­ying drugs for the Medicaid drug program so they get paid more per drug, adding that Congress would need to give the agency authority to levy penalties on offending manufactur­ers; an example is Mylan’s EpiPen, whose misclassif­ication led to hundreds of millions of dollars in losses for the government. Verma said she would support congressio­nal action to expand the CMS’ authority.

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