Agenda Item Discussion Item Conclusion Action Item



Similar documents
Agenda Item Discussion Item Conclusion Action Item

State of Wisconsin / OFFICE OF THE COMMISSIONER OF INSURANCE

What is a state health insurance exchange (i.e. "American Health Benefit Exchange")?

Summary of HBE activities to date A discussion of issues facing large employers as a result of the federal and state legislation

12 LC A BILL TO BE ENTITLED AN ACT

Things Small Businesses Need To Know About Health Care Reform

Blueprint for Approval of Affordable Statebased and State Partnership Insurance Exchanges

Employee Benefits Planning Association Education Program. Presented by: Melanie K. Curtice Stoel Rives LLP

Maryland Health Insurance Plan

State of Wisconsin / OFFICE OF THE COMMISSIONER OF INSURANCE

The Impact on Business

Small Business Tax Credit

MEMORANDUM. Members of the Senate Commerce Committee

Health Care Reform. Overview of Federal Health Insurance Reform Requirements and TDI Implementation Planning

Seminar Questions. Page 1 of 5

SUPPLEMENTAL NOTE ON SUBSTITUTE FOR SENATE BILL NO. 11

Legislative Brief: COMPREHENSIVE HEALTH COVERAGE ESSENTIAL HEALTH BENEFITS PACKAGE

The Patient Protection & Affordable Care Act: Next Steps in Maine. February 8,

State of Wisconsin / OFFICE OF THE COMMISSIONER OF INSURANCE

Healthcare Reform and

RESOLUTION OF THE BOARD OF TRUSTEES APPROVING SCOPES OF ASSISTANCE FOR PROCUREMENT OF STUDIES MANDATED IN MARYLAND HEALTH BENEFIT EXCHANGE ACT OF 2011

American Health Benefit Exchanges Fact Sheet A Provision of the Patient Protection and Affordable Care Act (PPACA)

ATTACHMENT A - STATEMENT OF WORK REQUEST FOR PROPOSALS FOR INDEPENDENT BENEFIT CONSULTING, ACTUARIAL AND AUDITING SERVICES DMS-13/14-018

MISSISSIPPI HEALTH INSURANCE EXCHANGE ADVISORY BOARD MEETING MISSISSIPPI INSURANCE DEPARTMENT JUNE 13, :30 AM 12:00 PM

State Roles in Implementing Health Insurance Exchanges

CORPORATE GOVERNANCE GUIDELINES OF THE BOARD OF DIRECTORS OF ARTVENTIVE MEDICAL GROUP, INC.

State of Rhode Island and Providence Plantations OFFICE OF THE HEALTH INSURANCE COMMISSIONER 1511 Pontiac Avenue, Building 69-1 Cranston, RI 02920

Please note: this is a draft version of the training materials. We welcome your comments and feedback.

MEDICAL CLAIMS AND ADMINISTRATIVE SERVICES, SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND PRESCRIPTION DRUG CLAIMS ADMINISTRATION

Department of Legislative Services Maryland General Assembly 2011 Session

The Small Business Health Care Tax Credit Kit

March 9, Update on the Affordable Care Act and Student Insurance

CORPORATE GOVERNANCE GUIDELINES. (Adopted as of June 2, 2014)

Corporate Governance Guidelines

MINNESOTA HEALTH INSURANCE EXCHANGE PERFORMANCE PROGRESS REPORT

SUBCHAPTER B. INSURANCE ADVERTISING, CERTAIN TRADE PRACTICES, AND SOLICITATION 28 TAC , , , and

HEALTH REFORM UPDATE GRANDFATHERED GROUP HEALTH PLANS August 3, 2010

PATIENT PROTECTION AND AFFORDABLE CARE ACT. Status of Federal and State Efforts to Establish Health Insurance Exchanges for Small Businesses

Health Insurance Exchange Overview

How To Determine The Impact Of The Health Care Law On Insurance In Indiana

CHESAPEAKE ENERGY CORPORATION CORPORATE GOVERNANCE PRINCIPLES. (Amended as of June 13, 2014)

Initial Guidance to States on Exchanges

ANNUAL REPORT Per SCR 111 of 2007

Final Regulations on Health Insurance Exchanges

UTAH COUNTY REQUEST FOR PROPOSALS FOR HEALTH AND LIFE INSURANCE BROKER

HEALTH INSURANCE EXCHANGE FAQS

Washington State Health Insurance Exchange Project

State of Wisconsin / OFFICE OF THE COMMISSIONER OF INSURANCE

Connect for Health Colorado Certified Application Counselor Program Announcement and Designated Organization Application Guidelines

PART 1: ENABLING AUTHORITY AND GOVERNANCE

PART I ARTICLE. apply to all insurers domiciled in this State unless exempt. (b) The purposes of this article shall be to:

Affordable Care Act at 3: How Colorado s insurance exchange is gearing up for 2014

The Patient Protection and Affordable Care Act What Employers need to know

The future of the Small Business Health Options Program (SHOP) in Maryland. Presentation to the MHBE Stakeholder Advisory Committee December 10, 2015

The Role of Insurance Agents and Brokers Under Health Care Reform

Kansas Legislator Briefing Book 2016

Request for Information Web Based Entities. Covered California

REGULATORY UPDATE Vol. 1 No. 18

Legislative Brief: 2015 COMPLIANCE CHECKLIST. Laurus Strategies

Presented to: 2007 Kansas Legislature. February 1, 2007

Appendix A - Charter of the Academic and Student Affairs Committee

Health Insurance Rate Review Grant Program Cycle I Quarterly Report

nonprofit alert AUTHORS: Lisa M. Hix Susan E. Golden

CBIZ Health Reform Bulletin

Health Insurance Exchange Basics

Washington Health Benefit Exchange. Leading Age 2014 Annual Conference. Phil Dyer Board Member

ADOBE CORPORATE GOVERNANCE GUIDELINES

NM Health Insurance Rate Review Project Narrative

Presentation to Joint Committee for Senate State Affairs and Health and Human Services. Executive Commissioner Thomas M. Suehs November 23, 2010

Small Business Health Options Program (SHOP)

Patient Protection and Affordable Care Act of 2009: Health Insurance Exchanges

Nebraska Health Insurance Exchange Update

Patient Protection and Affordable Care Act (ACA) ACA Guide for Group Employers Agent and Broker Information

Coinsurance A percentage of a health care provider's charge for which the patient is financially responsible under the terms of the policy.

New Mexico Health Insurance Exchange. May 17,

Small Group Health Insurance Overview

HALOGEN SOFTWARE INC. AUDIT COMMITTEE CHARTER. oversee the qualifications and independence of the independent auditor;

Ohio Association of Advanced Practice Nurses BYLAWS Approved January 2015

Mississippi Health Insurance Exchange Advisory Board. Final Recommendations Employer Participation

HEALTH CARE REFORM TIME TO PREPARE FOR 2014 OCTOBER 2012

SHOP Exchange Technology Enablement Options. March 13, 2012

Navigator, Agent and Broker Work Group

6.0 SMALL BUSINESS HEALTH OPTIONS PROGRAM (SHOP)

Health Insurance History of the Connecticut Teachers Retirement System Past to Present

Profiles in Coverage: Arizona Healthcare Group

BOARD OF DIRECTORS OF THE ARKANSAS HEALTH INSURANCE MARKETPLACE

Committee & Leadership Manual

Report to the Legislature. Health Insurance Partnership: Final Report

Kansas Legislator Briefing Book 2015

City of Vallejo REQUEST FOR PROPOSAL WORKERS COMPENSATION CLAIMS AUDIT

In-Home Supportive Services:

HHealth HEALTH INSURANCE EXCHANGE FAQs

Risk Adjustment Overview

Medicare Part D Amounts Will Increase in 2016

Arizona State Senate Issue Brief June 22, 2010 SMALL BUSINESS HEALTH INSURANCE. Overview. What is a Small Business? Note to Reader: INTRODUCTION

GEORGIA HEALTH INSURANCE EXCHANGE ADVISORY COMMITTEE REPORT TO THE GOVERNOR

The Reformed New World of Health Insurance Exchanges. Arthur Lerner Barbara Ryland

CATAMARAN CORPORATION CORPORATE GOVERNANCE GUIDELINES

Page 1 of 12. Subject As passed by Senate As passed by House Legislative intent; findings; purpose

Transcription:

Work Group Legislative Date 10/30/2012 Facilitator Milton Sanchez Time 9:00am Location Conference Call/ In Person Scribe Cicero Group Agenda Item Discussion Item Conclusion Action Item Attendees No. Name No. Name 1. Milton Sanchez 7. Senator Feldman 2. Jonni Pool (Human Services Department) 8. Senator Beffort 3. Kathryn Toone (Leavitt Partners) 9. Representative O Neill 4. Senator Lopez 10. Andrew Vallejo (Assistant General Counsel) 5. Mike Nuñez 6. Robin Hunn (Nurse Advice NM) 7. Connie Fiorenzio (Nurse Advice New Mexico) Agenda Item 1: Introduction and Review Name: Milton Sanchez DISCUSSION ITEM 1 Introduction and Presentation of Agenda Mr. Sanchez opened the meeting with a presentation of the agenda. Because there was not a quorum present, approval of minutes was postponed. The outlined agenda was as follows: 1) Questions from prior meeting to be addressed 2) Discussion of Senator Feldman s report, previously presented to Task Force, and discussion of last week s planning review session held with federal government representatives 3) Patient Responsibility and Affordable Care Act (PPACA or ACA) requirements and oversight of the Health Insurance Alliance (HIA) Board of Directors 4) Presentation by Robin Hunt, Nurse Advice New Mexico Ms. Toone was then invited to give a presentation reviewing topics from the prior meeting and addressing previously submitted questions. DISCUSSION ITEM 2 Catastrophic Coverage Defined Ms. Toone began with a question asking for discussion on catastrophic coverage plans. She explained that these plans are similar to others with high deductibles, but are marketed to those under the age of 30 and consumers without any other available or affordable avenue of insurance coverage. Senator Feldman asked about the definition of affordable in this context and was informed that the federal standard is a premium totaling less than 9.5% of annual income. The Page 1 of 8

justification for the under 30 rule was enquired about but not known. Ms. Toone explained that catastrophic plans cover 3 primary care visits and preventive care; and once the deductible/out of pocket limits are met, coverage of other Essential Health Benefits (EHBs) begins. Ms. Toone discussed briefly the percentages, caps, premiums and other rules for catastrophic plans. She mentioned the difference between lower metal tier plans, which require reimbursement at a certain percentage of medical costs, and catastrophic plans, which do not have this requirement. The main difference between catastrophic and other types of coverage was defined as lying in the actuarial value and cost sharing structures. Representative O Neill asked for clarification on the deductible and out of pocket limits. The question pertained to whether catastrophic coverage was similar to that under other plans, and Ms. Toone confirmed that this was the case. DISCUSSION ITEM 3 High Deductible Plans in Conjunction with Employee Health Savings Accounts (HSAs) Ms. Toone reviewed her own experience as a consumer of a high deductible plan who also participates in an employer sponsored Health Savings Account (HSA) for reimbursement of out ofpocket expenses. She indicated that this sort of arrangement will be an option in the Exchange, and may impact the way coverage is defined within a tier. Health and Human Services (HHS) has indicated that it intends to provide guidelines in the near future that will facilitate the inclusion of this benefit under the ACA. Mr. Sanchez suggested that the high deductible plan/hsa scenario is available only under the SHOP version of the Exchange. Senator Feldman asked whether this arrangement was an option for a company consisting of a sole proprietor, and Mr. Sanchez responded that eligibility will extend to any business of 1 50 individuals. DISCUSSION ITEM 4 Essential Health Benefit Standards In response to prior enquiries, Ms. Toone explained that standards for Essential Health Benefits will be equivalent for any plan in the state, whether for Small Group or Individual coverage, and for plans both inside of and outside of the Exchange. She indicated that ensuring quality coverage in all venues was important to prevent adverse selection and other problems. The uniform application of this standard with few exceptions is mandated to ensure equality of coverage. DISCUSSION ITEM 5 Small Businesses in New Mexico Ms. Toone explained that there were 28,000 small businesses with 50 or fewer employees in New Mexico, and only 10,000 large businesses. She explained that among these small businesses only 30% offer insurance to employees. While most New Mexico workers are employed by the larger companies, due to the number of small businesses in the state, the Exchange will allow many more people to gain insurance benefits. Senator Feldman asked for clarification on whether the employees of large companies (more than 50 Page 2 of 8

employees) will be eligible for participation in the Exchange. Mr. Sanchez explained that the target market for the SHOP Exchange will initially be these employees of small companies, until the definition of small employer is expanded to include companies of 100 or less. Senator Feldman enquired further into the typical small business employee, and whether any research had been conducted on health patterns within this demographic. Ms. Toone responded that she was not aware of studies in this regard, but her general understanding was that while there is likely to be a difference among the general health of the insured vs. the uninsured, there was not likely to be a significant difference between those employed full time in large vs. small companies. Senator Feldman felt there was room for doubt on the subject, and Mr. Sanchez agreed to provide follow up data on the issue at the next meeting, if available. Agenda Item 2: Discussion of Task Force Report and Meeting with Federal Representatives Name: Milton Sanchez DISCUSSION ITEM 1 Transition of the Health Insurance Alliance into the Exchange Mr. Sanchez referenced the addendum to the minutes of the last meeting, and indicated the recent meeting with the Advisory Task Force had included relevant discussion of these topics. He indicated Senator Feldman had assembled a report and list of questions for this meeting, and said this had been presented as requested. He also informed the group that these issues had been discussed at a planning review meeting with federal government representatives and the Center for Consumer Information and Insurance Oversight (CCIIO). One question addressed by these groups was whether the HIA has sufficient authority to assume the role of the Exchange administration. After hearing from Mr. Nuñez about the current HIA function and purpose, both groups were satisfied that there is sufficient legislation in place and adequate legal authority housed within the current structure of the HIA to accomplish this transition. Representatives at the meeting did, however, request supporting legal documentation from General Counsel. The question was asked as to whether the attendees at these meetings would have expressed doubt in that context, or whether they were actually withholding final opinion on the matter pending the production and review of the requested legal documents. Mr. Sanchez explained that while decisions will be issued after the finalization of the Exchange Blueprint on November 16 th, groups at both meetings had expressed confidence in the proposed transition of the HIA into the Exchange. Mr. Sanchez asked Senator Feldman if this reassured her regarding this authority, and she recommended that General Counsel or the Attorney General still certify that the state is qualified to effect this change. She asked whether a statement had been solicited from these offices, and if Mr. Sanchez was aware of the preliminary opinion provided to the HHS, and of the fact that it may conflict with the General Counsel s opinion. Mr. Sanchez indicated that he was aware of this opinion, Page 3 of 8

and referred the question to Mr. Vallejo. Mr. Vallejo explained that this response had been carefully examined, and, as a former Assistant AG with responsibility for advisory opinions, he explained the process of response in these cases. He told Senator Feldman that sometimes, as in this case, the opinion is in the form of a letter and not a full Advisory Opinion. In this case, Michael Hely had sent a letter on behalf of the legislature to Mark Reynolds, who used to be with HSD, and his response was a letter, and not an opinion, and was described as very preliminary. Mr. Vallejo continued that the letter from Mr. Hely had asked the Attorney General s Office whether legislation would be necessary in this case, and Mr. Reynolds had stated that, not having seen an executive order, his response was abstract and not specific to this case, but a quote of law; and that in general, when creating a new governmental agency, it requires legislative approval signed by the governor. Mr. Vallejo then referenced the case of Taylor v. Johnson, a separation of powers case decided under Governor Gary Johnson, in which case the PRWORA (Personal Responsibility and Work Reconciliation Opportunity Act) added a work component to the receipt of federal benefits. Gov. Johnson vetoed this, and ordered HSD to implement his version of work requirements, which was then brought to the Supreme Court and overturned. Mr. Vallejo referenced other cases, and summarized, saying the Governor had assured her intention to establish a state based Exchange, and the PPACA ruling states that executive order is necessary only when a state s efforts to establish an Exchange do not meet federal statute. He indicated that the HIA had been established under a 1994 statute with the same intent of an Exchange; and that currently the HIA appears legally PPACA compliant. He felt that while actuarial work remains to be done to assure qualification of included plans, and did not dispute that future legislative intervention may be needed in some regard, the scope of the HIA does not seem unjustified. The question was also asked whether the 1994 statute was discussed at the meeting with federal representatives, and Mr. Sanchez responded that it had been. Senator Feldman then restated her understanding of the response, that there would be no executive order forthcoming, and that the document issued by General Counsel would be relied upon for legal authority, and requested a copy of this document. Mr. Vallejo responded that they believe an executive order would not be required, as there was already sufficient legislation and statutory authority in place. Mr. Sanchez agreed upon request to provide a copy to Ms. Feldman of the document from General Counsel following completion of the Exchange blueprint. Page 4 of 8

Agenda Item 3: Exchange Advisory Board Composition Name: Milton Sanchez DISCUSSION ITEM 1 Requirements for the Governing Structure of the Exchange Mr. Sanchez reviewed the following ACA requirements for Exchange Board composition, and passed a list of these requirements to the group. He indicated the requirements had been reviewed in the prior week s meeting with federal representatives, and examined in the context of the HIA transition to the Exchange. 1) The board must be administered under a formal publicly adopted operating charter or bylaws. Mr. Sanchez indicated the HIA will adopt a Plan of Operations and Bylaws in January. Mr. Nuñez added that the current bylaws of the HIA appear to suffice for compliance, but that this was being examined to ensure compliance. Mr. Vallejo explained that in New Mexico, Bylaws/Plan of Operations must be noted in a public hearing before adoption. 2) Holds regular public governing board meetings announced in advance. Mr. Sanchez explained that the HIA already operates under the Open Meetings Act and is compliant in this regard. 3) Represents consumer interests by ensuring that all overall governing membership includes at least one member that is a consumer representative. Mr. Sanchez explained that current HIA board composition may suffice, but that one additional consumer representative is being solicited for membership. Senator Feldman expressed a desire for oversight in the selection of the consumer representatives, to properly balance the board and avoid conflict of interest. Questions followed regarding particular board members, and examining possible affiliations. Senator Feldman was reassured that the issue of conflict of interest and disclosure was being guided by the policies of other states and under the guidance of the Leavitt Group. Senator Feldman reconfirmed that financial interests and other possible conflicts of interest must be fully disclosed under New Mexico law, and expressed her concern that the four vacancies on the board be properly and promptly filled. Mr. Nuñez noted that one employer director and three employee director vacancies exist. Senator Feldman asked whether including 5 industry representatives on the board did not constitute a waiver of the conflict of interest rule. Mr. Sanchez clarified that insurance industry representation was mandated only to not constitute a majority of the 14 member board, and so up to 6 members could be involved in the insurance industry. The affiliation of the nonprofit member, from the New Mexico Tax Research Institute, was discussed, and Mr. Nuñez was asked for the criteria in selecting a nonprofit representative. He responded that the skill set in this case was relevant, as this member was also a CPA. Senator Feldman Page 5 of 8

inquired about current employer members and was informed that one of the employers owned a dental company and one was a retired physician with a realty company. She asked if the vacancies on this board were due to reluctance to serve, and Mr. Nuñez answered that was the case, as well as an apparent lack of proposed appointees from the Governor. The process of nomination and acceptance was reviewed, and the Governor was credited with 3 appointments since taking office. Oversight to avoid conflicts of interest and proper financial disclosure for the initial composition of the board were indicated as the responsibility of the Task Force. The necessity for haste in creating a full HIA Board was stressed, and the possibility of legislative intervention, was discussed. Mr. Sanchez referenced a document that addresses this, included in the Memorandum of Understanding, and that in this document the deadline for ACA compliance for by laws and board composition was anticipated in the January to mid February timeframe. He asked Mr. Nuñez if he could commit to a February deadline. Mr. Nuñez clarified the procedures in place as a part of current HIA policy to ensure compliance, and the steps and departments involved; and invited Work Group members to the 11/9 board meeting. He assured the group of the desire to comply with all ACA requirements. The Work Group members pressed Mr. Nuñez to assemble the board as quickly as possible during this process so that upcoming decisions regarding the Exchange blueprint may properly represent the opinions that are currently under represented due to board vacancies. Concern was expressed about the perception of instituting board compliance after the fact, and Mr. Nuñez described his efforts to fill the board properly. Mr. Sanchez and Mr. Vallejo expressed their desire to address this as well. Agenda Item 4: Presentation from Robin Hunt, Nurse Advice New Mexico Name: Robin Hunn DISCUSSION ITEM 1 Upcoming Schedule of Work Group Meetings Ms. Hunn described the role of Nurse Advice New Mexico (NANM), a call center offering medical advice, and its affiliation with other major medical providers in the state. Ms. Hunn expressed the hope that NANM would be relied up on as the main nurse advice line for Qualified Health Plans in the Exchange. She reminded the group that establishing them as such keeps healthcare dollars within the state, and provides a trained nursing staff familiar with the New Mexico market, and significant IT structure. She also promoted the idea of NANM serving as a main call center for the Exchange, and suggested that NANM nursing staff might serve as Navigators within the Exchange. She also described the advantage of merging the nurse line, Navigator and call center functions. She then turned the time over to another NANM representative, Connie Fiorenzio. Page 6 of 8

Ms. Fiorenzio gave a brief history of NAMN: 1) 7 years old 2) Public/private cooperative model 3) 20 private contracts 4) Assistance from the Department of Health to allow calls from uninsured 5) Data analysis to allow identification of public emergencies 6) Close association with Department of Epidemiology 7) 45 nurses 8) 25% 30% of staff is bilingual 9) Services for hearing impaired 10) 98% overall patient satisfaction rate 11) Could feasibly expand to state wide coverage 12) Will be prepared to respond to Request for Proposal (RFP) when issued Senator Feldman enquired into the details of Ms. Hunn s proposal regarding the call center. Ms. Hunn explained that the 1 800 Exchange number would be a catch all for first point of contact information and FAQs. Senator Feldman asked about enrollment issues, and Mr. Nuñez addressed how enrollments might be assisted by the call center. He explained how Exchange call center questions could easily lead to Navigator questions and how these could be answered or referred to local Navigators as required. Senator Feldman had questions regarding Medicaid, and it was clarified that the call center would establish different trainings levels, the first level for general questions and subsequent levels of training for more complicated topics, such as Medicaid, subsidy eligibility and tax credits. Mr. Sanchez explained that there would be cooperation between federal government departments, the Exchange, and the call center. The need for liability safeguards, data security, and employee screening was stressed. Possible legislative involvement to assist in the securing of consumer privacy was discussed. The NANM representative indicated that there was already a fair amount of existing infrastructure and policy designed to safeguard privacy, and NANM is already subject to audits in this regard. Mr. Nuñez reassured the group that background checks for Navigators are planned, and that the HIA is aware of both the technological challenges and the supervisory responsibility of the board. He advised Senator Feldman that the RFP would outline these infrastructure and security requirements. He advised the group that they were welcome to attend planning meetings in the future. The timeline for release of the project management and infrastructure RFPs were discussed. Page 7 of 8

Conclusion Mr. Sanchez adjourned the meeting and dismissed the Work Group with a reminder of the location and time of the next meeting on November 9 th, 9:00 a.m., at Plaza San Miguel. Page 8 of 8