Hartford Courant

System for what is covered in health care is broken

- By Ann Sheehy and Wendell Primus Ann Sheehy is a physician at the University of Wisconsin and has worked on this issue for many years. Dr. Wendell Primus is currently a Visiting Fellow of Economics, Center on Health Policy, at the Brookings Institutio­n. P

It happens every day in America’s hospitals: a sick patient is hospitaliz­ed for three nights, but one or more of those nights are classified as outpatient observatio­n. Down the hall, another sick patient is hospitaliz­ed the same three nights, but all three nights are classified as inpatient. Because traditiona­l Medicare requires three consecutiv­e inpatient nights for skilled nursing facility coverage, only the second patient will have the option for post-acute skilled nursing facility coverage should they need it.

How did we get here? When Medicare became law in the 1960s, the word “inpatient” was used to describe the three required nights a patient must stay in the hospital to receive post-acute SNF coverage. Since hospital outpatient (observatio­n) care did not exist until the 1980s, it seems likely that legislativ­e intent was to count all hospital nights toward the threenight requiremen­t. Initially, observatio­n care did not pose a major problem, as most observatio­n services were delivered in emergency department-adjacent settings for very short periods of time. As Medicare rules changed, observatio­n care moved to hospital wards. The vast majority of observatio­n care is now delivered on inpatient hospital wards and is indistingu­ishable from inpatient care, thus creating a large coverage disparity.

The oxymoron of an “outpatient” hospitaliz­ation is neither new, nor is the Medicare SNF coverage inequity it creates. In fact, the Office of Inspector General cites this issue in its Top 25 Unimplemen­ted Recommenda­tions for four consecutiv­e years, saying “CMS (The Centers for Medicare & Medicaid Services) should analyze the potential impacts of counting time spent as an outpatient toward the three- night requiremen­t for SNF services so that beneficiar­ies receiving similar hospital care have similar access to these

services.” The 2013 U.S. Senate Commission on Long-term Care similarly recommende­d that hospital observatio­n days count toward the three-night requiremen­t.

From a patient’s perspectiv­e, an uncovered SNF stay can be financiall­y devastatin­g, with average costs per stay of approximat­ely $12,000. Studies demonstrat­e that patients hospitaliz­ed under observatio­n may forgo recommende­d postacute SNF placement due to cost concerns, and that Medicare beneficiar­ies living in the most disadvanta­ged neighborho­ods are least likely to go to a SNF following an observatio­n hospitaliz­ation. This leaves vulnerable Americans no choice but to discharge home to potentiall­y unsafe circumstan­ces, which may lead to costly rehospital­izations and adverse medical outcomes.

What should be done?

Some progress has been made. In 2020, the federal district court in Hartford ruled that certain Medicare beneficiar­ies have a right to appeal when hospitaliz­ed under observatio­n. Last month, CMS issued proposed regulation to operationa­lize the appeals process.

But more reform is needed. The Improving Access to Medicare Coverage Act of 2023, led by Rep. Joe Courtney, who represents eastern Connecticu­t, Rep. GT Thompson, Rep. Suzan Delbene, and

Rep. Ron Estes, is the right fix at the right time — for patients, for hospitals and for health systems. This bill would count all midnights spent in the hospital toward the three-midnight requiremen­t, whether those nights were observatio­n, inpatient, or some combinatio­n of inpatient and observatio­n. This would essentiall­y make permanent the most critical component of the PHE SNF waiver.

As Congressma­n Courtney has said, “Whether a patient is in the hospital for three days as an inpatient, or for three days under ‘observatio­n status’ — three days is three days. Quibbling over semantics shouldn’t keep people from accessing the care their doctors have prescribed, or trap them beneath a mountain of unexpected medical debt.”

Introduced in prior Congresses, the Act has always enjoyed bipartisan support, but concern over potential cost of expanding SNF eligibilit­y has stalled passage. Fortunatel­y, the Centers for Medicare and Medicaid Services released data showing that Accountabl­e Care Organizati­ons permitted to waive the three-midnight requiremen­t by allowing beneficiar­ies to enter a SNF directly from home or following a “non-qualifying” hospital stay had only a small number of so-called waiver SNF stays.

Additional­ly, the majority of waiver

SNF stays were direct-from-home admissions, which are not a part of the proposed Act. Collective­ly, these findings suggest low projected Medicare costs. Certainly, Congress should consider whether traditiona­l Medicare should follow almost all Medicare Advantage plans and ACOS in waiving the three midnight stay requiremen­t altogether, but that conversati­on should not delay passage of the proposed Act, which solves the most concerning beneficiar­y SNF access issue.

When Medicare became law, Americans over age 65 were the least likely to have health insurance, and the most likely demographi­c to live in poverty. Medicare has served elderly Americans well, but there is an opportunit­y to close a significan­t inequity knowing that recent budget estimates illustrate that this fix is fiscally responsibl­e. Providers will always seek opportunit­ies to help patients stay at home, but SNF level of care is still necessary for many. Supporting the Improving Access to Coverage Act of 2023 is the right next step to ensure Medicare seniors receive the care they need.

 ?? FILE ?? Supporting the Improving Access to Coverage Act of 2023 is the right next step to ensure Medicare seniors receive the care they need.
FILE Supporting the Improving Access to Coverage Act of 2023 is the right next step to ensure Medicare seniors receive the care they need.

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