Read this if you are a State Medicaid Agency (SMA).
On April 27, 2023, the Centers for Medicare & Medicaid Services (CMS) published a proposed new rule titled “Medicaid and Children’s Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality,” intended to address the most critical elements of access and person-centered care. The COVID-19 Public Health Emergency (PHE) tested states’ abilities to connect individuals to quality care, stabilize the workforce, and monitor Medicaid managed care programs. Leveraging the proposed changes in this rule, CMS aims to provide guidance to states to help advance CMS efforts to improve access to care, quality, and health outcomes, and better address health equity consistent with the CMS Framework for Health Equity 2022 – 2032.
This summary is intended to offer a glimpse of the proposed provisions for which CMS is seeking feedback. Below are some highlights of the significant changes:
Enrollee experience
To enhance state monitoring of network access, CMS is proposing that states take on a qualitative and quantitative approach to monitoring service access. Specifically, CMS proposes to revise regulations to explicitly include “enrollee experience” and require states to use the results from the annual enrollee experience survey and secret shopper surveys that offer a person-centered view to understanding network deficiencies.
Transparency
In an effort to promote transparency and empower enrollee choice, CMS proposed several requirements that would make states' websites easier to use. The proposed rules require states to post up-to-date information on their websites, including making available a one-stop location for enrollees to compare health plans.
State Directed Payments (SDPs)
Given the growing number of SDP preprints submitted for approval, proposed changes in this area are focused on strengthening vague contractual, procedural, and monitoring requirements to help ensure access to care and implement proper fiscal and program integrity guardrails.
Medical Loss Ratio (MLR) standards
CMS aims to establish consistency in MLR methodology across multiple markets (private, Medicare, Medicaid, and CHIP) to improve administrative efficiency for the states regulating insurance and Medicaid/CHIP and for the collection and measurement of data to calculate an MLR and provide reports. The proposed changes include revisions to requirements for clinical or quality improvement standards for provider incentive arrangements, prohibited administrative costs in quality improvement activity reporting, and additional requirements for expense allocation methodology reporting
In Lieu of Services (ILOS) and settings
ILOS offers states the flexibility in managed care to substitute a service or setting for a service or setting covered under the state plan, when medically appropriate and cost effective, to enrollees. This proposed rule looks at ILOS as a mechanism for addressing Social Determinants of Health (SDoHs) and health-related social needs, proposes that states evaluate the impact ILOS has on health equity, and evaluates whether ILOS is an appropriate and efficient use of Medicaid and CHIP resources. There are several requirements based on helping to ensure fiscal protections are in place for investments in ILOS.
Medicaid managed care quality rating system
CMS is proposing changes to how states monitor quality of services delivered and aimed at promoting member choice. The goals of quality improvements are intended to make quality reporting more transparent and meaningful for driving quality improvement, reduce burden on certain quality reporting requirements, and establish a rating system for Medicaid and CHIP health plans.
CMS is seeking feedback on these proposed rules. Public comments are due by July 3, 2023, and can be submitted at the following link: Regulations.gov.
If you would like more information or have questions about the proposed rule and guidance on assessing, developing, or implementing changes to your managed care program, please contact our Medicaid consulting team. We are here to help.