The National Grange of the Order of Patrons of Husbandry

The Comprehensive Medicare Prescription Drug Bill 2003

Side-by-Side Comparison: Senate, House, and National Grange Policy

Item
S. 1 as amended and passed in Senate,
June 27, 2003
H.R. 1 as amended and passed in House of Representatives, June 27, 2003
National Grange Position

General Approach

Voluntary stand-alone drug benefit under Medicare Part D administered by new Center for Medicare Choices in the Department of Health and Human Services (DHHS) and delivered through private risk-bearing entities. Government contracts with a private, non-risk-bearing plan that administers benefit (so-called "fallback") in regions with fewer than two private stand-alone drug plans. Drug benefits integrated with enhanced Part A and B benefits provided by private plans under new Medicare Advantage (Part C). All private plans share risk with government for drug benefit. Also provides subsidies for drug coverage to enrollees in qualified retiree plans and qualified state pharmaceutical assistance programs (SPAPs).

Interim prescription drug discount card endorsement program (2004-2005) with government-subsidized card accounts for low-income.

Voluntary stand-alone drug benefit under Medicare Part D administered by new Medicare Benefits Administration in the Department of Health and Human Services (DHHS) and delivered through private risk-bearing entities. Also provides subsidies for drug coverage to enrollees in qualified retiree plans. Drug benefits integrated with enhanced Part A and B benefits provided by private plans under Medicare Advantage (Part C) or new Enhanced Fee-for-Service (EFFS) plan options (Part E). Establishes competitive government contribution system (FEHBP-style reforms) in 2010 that includes traditional Medicare.

Interim prescription drug discount card endorsement program (2004-2005) with government-subsidized card accounts for beneficiaries without other drug coverage.

National Grange urges Congress to establish a universal, affordable prescription drug benefit within Medicare.
Benefit Package
All Part D Medicare Prescription Drug Plans (PDP) or Medicare Advantage plans must offer the standard benefit or its actuarial equivalent. Part D and Medicare Advantage plans (except Medical Savings Accounts plans) may also offer richer drug benefits in separate plan.
All Part D Medicare prescription drug plans (PDP), Medicare Advantage coordinated care plans, and EFFS plans must offer at least the standard drug benefit or its actuarial equivalent. Plans may offer richer coverage in lieu of standard coverage.

National Grange supports legislation to maintain Medicare affordability and at the same time provide fair and equitable coverage for every senior American regardless of age, race, income, health condition, or location with freedom of choice of medical provider and facility.

National Grange supports expanded use of tax deductible medical savings accounts (MSAs) in the form of an IRA type account to that could be used to assist rural seniors meet prescription drug and other medical expenses not covered directly by a Medicare prescription drug benefit.

Monthly Premium

Part D standard coverage - CBO estimate of $34.00 on average in first year (2006) and increasing to $62.00 in 2013 - based on enrollee's choice of plan.

In Medicare Advantage, drug premium calculated in same way but may be offset by savings from other benefits.

In general, Part D premiums are deducted from the beneficiary's monthly Social Security check.

Part D standard coverage - CBO estimate of $35.50 on average in first year (2006) and increasing to $56.00 in 2013- based on enrollee's choice of plan. In Medicare Advantage and EFFS, premium calculated in same way but may be offset by savings from other benefits.

At enrollee option, Part D premiums may be deducted from beneficiary's Social Security check or paid through an electronic funds transfer.

Deductible
$275 (indexed to growth in per capita drug spending by Medicare beneficiaries).
$250 (indexed to growth in per capita drug spending by Medicare beneficiaries).
Cost-Sharing
50% up to initial coverage limit of $4,500; 100% between initial limit and stop-loss threshold; 10% above stop-loss threshold. (Thresholds are indexed.)
20% up to initial coverage limit of $2,000; 100% between initial limit and stop-loss; no coinsurance above stop-loss threshold. (Thresholds are indexed.)
Stop-Loss Threshold Applied to Out-of-Pocket Spending
$3,700 (indexed). After reaching threshold, 90% reimbursement. Excludes payments from other private insurance such as employer retiree health coverage.
$3,500 (indexed). After reaching threshold, 100% reimbursement. Excludes payments from other private insurance such as employer retiree health coverage. Special rules for qualified employer plans.
Income-Related Stop-Loss Threshold
No provision.
Income-related stop-loss threshold for enrollees with incomes above $60,000/individuals and $120,000/couples. Treasury Secretary provides income information to HHS Secretary, who then discloses applicable out-of-pocket thresholds to drug plan sponsors.
Government Subsidies for General Medicare Population
About 70% of standard drug benefit costs provided through direct premium subsidies and reinsurance. Plans would receive reinsurance for 80% of actual net costs above stop-loss threshold for standard drug coverage (except qualified state pharmaceutical assistance plans would receive reinsurance of 65%).
Direct premium subsidies of 43% of national average premium for standard coverage; reinsurance of 30% of standard benefits in aggregate. Reinsurance payments of 20% for standard benefits $1,000-$2,000; 80% above stop-loss.
Covered Drugs
Drugs, biological products and insulin (including associated syringes and medical supplies as defined by the Administrator) that are covered under Medicaid and vaccines licensed under Section 351 of the Public Health Service Act. Includes coverage for any use of a covered outpatient drug for a medically accepted indication, as defined under Medicaid.
Drugs, biological products and insulin (and medical supplies associated with the injection of insulin as defined by the Secretary) that are covered under Medicaid and vaccines licensed under Section 351 of the Public Health Service Act. Includes coverage for any use of a covered outpatient drug for a medically accepted indication, as defined under Medicaid.

National Grange supports equity of payment between inpatient and outpatient procedures for prescription drugs, including self-injected medicines, according to Medicare's Diagnostic Related Groups.

National Grange supports improved access to new and existing health care technologies, especially prescription drug technologies, for all rural residents.

Drugs Excluded from Coverage
Excluded would be drugs covered under Medicare Parts A or B (unless no benefits are payable), and those in categories that may be excluded under Medicaid (i.e., weight loss or gain, fertility, cosmetic or hair growth, cough or cold relief, vitamins and minerals, non-prescription drugs, barbituates, and benzodiazepines) except for smoking cessation agents. Drugs not covered because of a plan's formulary would be excluded if not successfully appealed. Drugs not meeting the Medicare definition of reasonable and necessary, or not prescribed according to requirements, could be excluded from coverage, but determinations would be subject to appeal.
Excluded would be drugs for which benefits are payable under Medicare Parts A or B, and those in categories that may be excluded under Medicaid (i.e., weight loss or gain, fertility, cosmetic or hair growth, cough or cold relief, vitamins and minerals, non-prescription drugs, barbituates, and benzodiazepines) except for smoking cessation agents. Drugs not covered because of a plan's formulary would be excluded if not successfully appealed. Drugs not meeting the Medicare definition of reasonable and necessary, or not prescribed according to requirements, could be excluded from coverage, but determinations would be subject to appeal.
Formularies
Plans may have a formulary so long as the formulary meets standards. Formularies must be developed by a pharmacy and therapeutic (P&T) committee that includes at least one academic expert, one practicing physician and one practicing pharmacist, all with expertise in the care of elderly or disabled; a majority of P&T committee must be practicing physicians or pharmacists; formulary must include drugs within each therapeutic category and class (as defined by the Administrator using certain compendia and other recognized sources); decisions must be based on the strength of scientific evidence and standards of practice; the committee must have procedures to educate providers concerning the formulary; and appropriate notice must be given to enrollees, pharmacists, and physicians before a drug is removed from the formulary.
Plans may have a formulary so long as the formulary meets standards. Formularies must be developed by a P&T committee that includes at least one practicing physician and one practicing pharmacist independent and free of conflict with respect to the committee, both with expertise in the care of elderly or disabled; the formulary must include drugs within each therapeutic category and class; decisions must be based on the strength of scientific evidence and standards of practice; the committee must have procedures to educate providers and enrollees concerning the formulary; and appropriate notice must be given to enrollees and physicians before a drug is removed from the formulary or the tier status of a drug is changed. In defining therapeutic classes, the committee would take into account standards published in the United States Pharmacopeia-Drug Information.
Access to Drugs Not on Formulary or Preferred Drug List
Beneficiaries could appeal for coverage of non-formulary drugs if the prescribing physician determines that the formulary drug is not effective for the patient or has significant adverse effects for the patient. In plans with tiered cost-sharing, enrollees may request that non-preferred drugs be covered as preferred drugs if the prescribing provider determines that the preferred drug is not effective or has adverse effects on the patient.
Beneficiaries could appeal for coverage of non-formulary drugs, or to have non-preferred formulary drugs be covered as preferred drugs, if the prescribing physician determines that the formulary drug either is not effective for the patient or has significant adverse effects for the patient, or both.
Treatment of Retiree Health Drug Coverage
Qualified retiree plans with drug coverage at least actuarially equivalent to Part D coverage would be eligible for same government subsidy per Medicare enrollee, based on national average premium (risk and geographically adjusted) for standard coverage. Also eligible for reinsurance of 80% of costs in excess of stop-loss threshold (but employer-covered costs do not count towards stop-loss).
Qualified retiree plans with drug coverage at least actuarially equivalent to standard Part D coverage receive subsidies of 28% of costs for coverage above deductible and up to $5,000 in 2006 in spending per Medicare enrollee (indexed thereafter).
The National Grange supports giving rural Seniors a choice of Medicare programs that include an affordable prescription drug benefit.
Drug Pricing
Plans would negotiate drug prices and must make the negotiated price available to enrollees regardless of whether benefits are payable. Negotiated price is defined to include all discounts, direct or indirect subsidies, rebates, or other price concessions or direct or indirect remunerations. Drug plan sponsors must provide that each pharmacy or dispenser of a covered drug inform the enrollee at the time of purchase of any differential between the price of the drug and the price of the lowest-cost generic equivalent. Drug prices negotiated for Part D (by a PDP, MA plan, or qualified retiree plan) would not be applicable to Medicaid "best price" provisions. If a Medicaid plan uses prices negotiated by a Medicare PDP to provide Medicaid assistance, Medicaid rebate provisions would not apply.

Plans would negotiate prices with manufacturers and suppliers of covered drugs. Enrollees must have access to their plan's negotiated prices even if no benefits are paid. Each plan must disclose to the Administrator the extent to which discounts or rebates or other remuneration or price concessions made available to the plan sponsor or organization by a manufacturer are passed through to enrollees through pharmacies and other dispensers or otherwise. The Administrator would have to keep this information confidential.

PDP sponsors must provide that each pharmacy or dispenser of a covered drug inform the enrollee at the time of purchase of any differential between the price of the drug and the price of the lowest-cost generic equivalent. Drug prices negotiated for Part D (by a PDP, MA or EFFS plan, or qualified retiree plan) would not be applicable to Medicaid "best price" provisions. If a Medicaid plan uses prices negotiated by a Medicare PDP to provide Medicaid assistance, Medicaid rebate provisions would not apply.

The National Grange believes that payments to health care providers under Medicare should adhere to a schedule of fees for services provided that is fair and equitable across the United States.

The National Grange supports legislation to prohibit health care professionals from charging amounts above Medicare limits for Medicare services, including any prescription drug benefit.

Interim Drug Program
Establishes a Medicare Prescription Drug Discount Card Endorsement Program to operate in 2004-2005. Card programs would have to meet specific requirements and charge no more than $25 in annual enrollment fees. Low-income enrollees (QMB, SLMB, QI) would receive $600 per year, with balances carried forward on their cards from one year to the next. Government also pays enrollment fee for low-income. Discount card sponsors must provide enrollees with access to negotiated prices, defined to include all discounts, direct or indirect subsidies, rebates, or other price concessions or direct or indirect remunerations. Card sponsors with contracts to administer the low-income subsidies may not charge low-income enrollees more than average wholesale price (AWP) minus 20% for any covered drug.
Establishes a Medicare Prescription Drug Discount Card Endorsement and Assistance Program to operate within 90 days of enactment through 2005. Card programs would have to meet specific requirements and charge $30 in annual enrollment fees ($20 for sponsor and $10 retained by government). For discount card program enrollees who do not have other prescription drug coverage (e.g., Medicaid, group health plan, health insurance, etc.), the government would deposit to enrollee card accounts the following amounts: $800 for enrollees below 135% of poverty, $500 for enrollees with incomes between 135% and 150% of poverty, and $100 for enrollees with incomes above 150% of poverty. Balances in the accounts could be carried forward from one year to the next, and amounts could be contributed by employers and other individuals. Card sponsors would have to disclose to the Secretary the extent to which discounts or rebates or other remuneration or price concessions made available to it by manufacturers are passed through to enrollees through pharmacies and other dispensers or otherwise.

National Grange believes that health care cost containment strategies, including prescription drug benefits, should maintain the highest quality of care without compromising effectiveness and efficiency.

National Grange supports legislation to make prescriptions and over-the-counter drugs more affordable for our rural seniors by considering full or partial prescription coverage.

Medicare Private Plan Reforms Not Related to Drug Coverage
Renames Part C, Medicare+Choice, as Medicare Advantage (MA) and reforms plan payment method. Increases payments to MA plans in 2005, and establishes new payment method beginning in 2006(see below). Adds new MA PPO option. All MA plans must offer coverage of Part A and Part B items and services, a unified deductible for those services, and an out-of-pocket limit. Plans must also offer standard Part D drug coverage.
Renames Part C, Medicare+Choice, as Medicare Advantage (MA) and reforms plan payment method. Increases payments to MA plans beginning in 2004, establishes new payment method beginning in 2006, and moves to a FEHBP-style competitive approach in 2010. Establishes Part E with new regional Enhanced Fee-for-Service (EFFS) plans. All MA and EFFS plans must offer coverage of Part A and Part B items and services, a unified deductible for those services, and an out-of-pocket limit. Plans must also offer standard Part D drug coverage. Establishes competitive government contribution system in 2010 that includes traditional Medicare.

The National Grange favors legislation that provides rural seniors with the freedom to address their medical financial responsibilities, that extends their freedom of choice regarding Medicare health insurance programs and preserves their freedom of choice among health care providers.

The National Grange favors extending employer provided health insurance coverage under COBRA for terminated employees for a period of up to 36 months for individuals who could then become eligible for Medicare.

Regional Plans
Establishes new regional PPO plans (and removes option for county-based PPO plans) offering enhanced benefits and covering large, defined regions, limited to 3 lowest-cost, credible PPO plans per region. PPO plans must serve an entire region or the entire U.S. At least 10 regions would be defined by the Administrator, each of which includes at least one state, and which cannot divide states. PPO plans paid in same manner as other MA plans, except have shared risk arrangements in first years. Generally, PPO plans must comply with standards applicable to MA coordinated care plans.
Establishes new regional Enhanced Fee-for-Service (EFFS) plans (but does not remove PPO or private fee-for-service options under Medicare Advantage) offering enhanced benefits and covering regions defined by the Administrator, with no more than 3 plans per region. Plans could be fee-for-service or PPOs. EFFS plans must serve an entire region (one of at least 10 defined by the Administrator after a survey of insurance markets). Generally, EFFS plans must comply with standards for MA private-fee-for-service plans.
"Premium Support" System
No provision.
Beginning in 2010, a new FEHBP-style competition program would be established in which traditional fee-for-service (FFS) Medicare would compete with MA and EFFS plans. Competitive areas would be those where there are at least two MA or EFFS plans with penetration of the lesser of 20% or the national MA+EFFS penetration rate. In competitive areas, a benchmark would be computed as the average of the adjusted average per capita cost (AAPCC) of FFS and the MA/EFFS plan bids, weighted by enrollment (the effects of the MA/EFFS plan bids would be phased-in over a 5-year period). Premiums for all beneficiaries in the area would be determined by comparing the plan bids (or, for FFS, the AAPCC without DME and with VA/DOD costs) to the benchmark. To the extent the AAPCC was more or less than the benchmark, beneficiaries in FFS Medicare would have an adjustment to their Part B premium (pay more equal to the difference if the AAPCC is higher than the benchmark; have the Part B premium reduced by 75% of the difference if the AAPCC is lower than the benchmark). The effect on Part B premiums would phase-in over 5 years to equal the full amount in 2015 and after. Enrollees in MA/FFS plans would realize the difference between their plan's bid and the benchmark through the premium (or rebate) associated with their plan.
The National Grange favors legislation permitting those on Medicare to deduct the cost of their supplemental health insurance coverage from their income tax.
Medicare Base Rate Differential
Eliminates base rate differential between urban and all other hospitals.
Eliminates base rate differential between urban and all other hospitals.

The National Grange supports repealing regulatory barriers that rural health care facilities face when they seek equitable reimbursement for treatments provided under federal health care programs, such as Medicare.

The National Grange urges Congress to require Medicare to make timely payments to both acute care and extended care facilities to insure that the correct level of care is maintained for all patients.

Medicare Incentive Payment Program(IPP)

Requires the Secretary to:

Establish a procedure for determining when IPP payments are applicable

Develop and implement a program to train providers about the IPP

Provides a 5% bonus payment to physicians in primary care or specialty care scarcity areas

Requires the Secretary to:

Establish a procedure for determining when IPP payments are applicable

Develop and implement a program to train providers about the IPP

The National Grange supports incentive programs for doctors who will agree to practice in rural areas where basic medical care is not available in order to promote greater freedom of choice among health care providers for rural seniors.
Telemedicine Demonstration Projects
No provision
Extends telemedicine demonstration projects by 4 years with funding of $60 million.
National Grange supports the establishment or use of the necessary infrastructure for the expansion of telemedicine into rural areas.

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