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Vol. 15, Nos. 1- 39, pp. 1-2046 Jan. 7 - Oct. 21, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
MA
Hospital charity care, constitutionality of state law requiring treatment upheld (1st Cir.), 951
State-subsidized Dirigo health plan, tax assessments revised to fund, 715
Cal. passes health insurance coverage mandate bill, 1102
HMOs
State issues
See specific states
Autism
Coverage required under new Colo. law, 679
Tex., bill passed requiring coverage, 716; new law, 744 Cal. passes bills covering particular medical conditions and treatments, 1102 Children's health care, hearing aids covered under N.J. law, 43 Congenital jaw deformity, corrective surgery may be required by state law despite lack of coverage under ERISA plan (D. Or.), 1029 Developmental screenings for infants and toddlers, Del. governor signs bill, 1073 Employer health coverage, large job losses would result, study, 132 Health insurance coverage, federal requirements
See generally HEALTH CARE REFORM, FEDERAL
Individual Oregon
Hearing aids for children, In Brief, 803
HPV vaccine for young women, In Brief, 803 Tobacco use cessation programs, In Brief, 803
Antitrust, more MA plans entering market increase product proliferation, study, 918
High-deductible plans, 17 percent with private insurance in 2007, report, 297 LSCs
See MEDICAL TOURISM
Small group carriers, largest increased median market share in 2008, GAO study, 391
See also ADVERTISING
Deceptive
Fair market value sales agent compensation rates also set for Part D, 7; rule may discourage independent agent assistance, 64
Funding cuts possible under health care reform legislation, CMS tells Humana to stop mailing letters to enrollees, 1095; HHS nominations, Senate Republican leaders warn of delays unless CMS rescinds order, 1124; Sebelius defends CMS action, 1181; mailings allowable only with enrollee opt-in prior authorization, CMS says, 2011 Guidance, CMS revises, 609; final guide released, 971 Markets not competitive, study, 973 Strict guidelines needed to protect beneficiaries, advocacy groups say, 737 Surveillance, CMS to increase activities during enrollment period, conference, 763 WellCare, CMS orders suspension, 211; CMS lifts suspension, keeps corrective action plans, 1058
Data mining
Part D
CMS revises guidance, 609; final guide released, 971
Sales agent compensation
See Medicare Advantage, this heading
Antitrust, proposed self-insured employer joint contracting with physician-hospital organization allowed, FTC advisory opinion, 456
Electronic health records, provider incentives bill passed, 502; new law, 625 Health insurance, lawmakers pass bill to tighten individual market regulation, 463; new law, 625 Telemedicine, Price Frederick hospital links to Wilmington, Del., tertiary care facility, 682
BCBS
Physician reimbursement, alternative pay system contract with Atrius signed, 896
Zoladex pricing for AWP compendiums unfair and deceptive, AstraZeneca appeal of $12.9M judgment denied (1st Cir.), 1128 Health reform law
Catholic hospital affiliation, agency approves subsidized plan affording family planning services, 315; facility ends affiliation with insurer subsidizing coverage, 779
Cost containment, key commission report recommendations described, BNA Analysis, 1011 Diversion of funds to finance, hospital sues state (Mass. Super. Ct.), 865 Initial success, affordability gains eroded, study, 651 Insurance coverage mandate, tax penalties schedule for noncompliance issued, 294 Over 97 percent of residents insured, report, 15 Payment system, special commission recommends revision, 865; global payment system transition, providers cite difficulties in meeting timetable, 2024 Reliance on private plans hinders spending control, report, 350 Single-payer advocates criticize potential use as model, report, 222 Spending distribution unchanged, BCBS report, 437 Subsidized care, $794 million in 2008, report, 417
Facilities to pay overtime back wages (D. Mass.), 926
Gifts, network implements rules restricting drug and device company ties, 439 Medical errors, rule adopted barring providers from billing for care, 592 Overtime, network pays millions to settle failure to pay claims (D. Mass.), 535
Cost of health care, officials probe link between increase and insurer payments to providers, 43
Panel recommends end to fee-for-service method, 594; payment system revision outlined, 865; global payment system transition, providers cite difficulties in meeting timetable, 2024
Cal. passes health insurance coverage mandate bill, 1102
See also specific states
Coding
See generally CODING
Drug rebates
See DISCOUNTS
See DUAL ELIGIBLES
Information technology, meaningful use payment incentives Physicians revenue sources, survey findings, 1076
Capitated, not all states report encounter data to national database, IG report, 672
Dental services access for low-income children needs to improve, GAO report, 1183 Drug rebates
See DISCOUNTS
See DEBT COLLECTION
Hearing aids
See HEARING AIDS
Industry gifts for health care providers
See generally GIFTS
Hospitals
Colo. Medicaid, executive order signed to deny payments for avoidable mistakes, In Brief, 417
Mass., rule adopted barring providers from billing for care, 592 Pa. senate to vote on bill to deny payment, 416
Pilot program, CIGNA partners with Tex. clinic, 1075
ICD-10 coding conversion
See generally CODING
BNA audio conference, In Brief, 187
Growth industry, possible risks and legal issues discussed, Special Report, 354
Anthem BCBS, class action alleges regular payment denial (Cal. Super. Ct.), 292; treatment approved in coverage reversal, 314
Autism, Cal. group seeks changes to policy allowing plans to deny treatment, 265; state regulatory clarifies coverage requirements, 316; court order sought to require coverage (Cal. Sup. Ct.), 802 Fraud, guilty plea entered by recruiter of healthy patients for unnecessary surgeries (Cal. Super. Ct.), 264 Idaho, lawmakers pass bill creating external review system for denied claims, 384 Neurofeedback therapy, plan administrator properly denied coverage (5th Cir.), 216 Out-of-network care
Denial proper where Medicare beneficiary did not prove surgery was superior to procedure plan covered (9th Cir.), 261; subpoenas ruling by administrative law judge (U.S., rev sought), 1157; (rev den), 2020
Medicare coverage for liver resection surgery performed out of plan without prior authorization, denial affirmed (D. Haw.), 1099
Bariatric surgery, covered for some obese diabetics, 181
Benefits of care coordination, study compares fee-for-service and Advantage plans, 1055 Billing fraud, 8 Miami defendants charged (S.D. Fla.), 775 Chronic illness disease management pilot, limited impact of interventions, report, 33; AMA study confirms, 178 Claims processing for Part A and B payments, CMS contractor provider satisfaction survey for 2009, 1096 Coding
See generally CODING
Compliance, CMS recommends voluntary self-reporting of suspected issues, 581 Delivery system reform
CMS requires increased resources and greater flexibility, hearing, 493
Payment structure lacks incentives, MedPAC report, 702; more work required, MedPAC official says, hearing, 771
See DUAL ELIGIBLES
Enrollment period for beneficiaries, conference told CMS supports extension, 1096 Exhaustion of remedies, federal law preempts cancer patient's fraud and breach of contract claims against Humana (S.D. Fla.), 288 FY2010 budget, billions in cuts proposed over 10 years, 249; final proposal would cut program spending by $309 billion to fund health reform, 557; President defends program spending reductions in address to AMA, meeting, 692; Obama proposes $313 more program cuts, 694 Funding increase, Baucus (D-Mont) economic stimulus plan includes, 94 Health care reform, program key to legislative efforts, Leavitt says, 66 Hospital gainsharing, medical device makers express concerns in letter to CMS, 212 HRAs, payment errors source, conference, 306 Information technology, meaningful use payment incentives Medicare Act does not preempt claims by persons enrolled by private MA plan without their permission causing coverage loss (S.D. Miss.), 774 Offshore captive insurer owned by hospital group, insurance premiums paid to insurer not reimbursable (D.D.C.), 1188 Out-of-network care
Denial proper where beneficiary did not prove medical necessity or superiority of surgery plan covered (9th Cir.), 261; subpoenas ruling by administrative law judge (U.S., rev sought), 1157; (rev den), 2020
Liver resection surgery performed out of plan without prior authorization, coverage denial affirmed (D. Haw.), 1099 Part D drug program Physicians Provider incentives, Accountable Care Promotion Act bill introduced to create voluntary shared savings program, 740 Quality of care
See QUALITY OF CARE
Secondary Payer Act
BCBS, statute not violated by reimbursement for non-network dialysis at lower rates (N.D. Ga.), 261
ESRD, plan violated law by terminating coverage upon learning of now deceased beneficiary's Medicare eligibility (E.D. Tenn.), 975 Hospital reimbursement, federal program had superior claim and first right before facility's claim to policy covering patient hit by uninsured motorist (N.D. Ind.), 100 Plan reporting requirements, implementation deadline extended, 614 Qui tam suits
Hospital reimbursement, State Farm's motion to dismiss properly granted where insurer did not avoid legal obligation to repay after accident (D. Idaho), 1005
Insurer acceptance of payment was allegedly improper, no claim for patient (2d Cir.), 925 Sanctions imposed on individual who did not receive benefits and therefore lacked standing to sue (U.S., rev sought), 70 Trends in increasing health care spending, MedPAC discusses at meeting, 1123 Virtual colonoscopy, bipartisan House members urge coverage, 340 Wrongful death, federal program has right to reimbursement from family's insurance settlement for medical costs of deceased beneficiary (8th Cir.), 156
Ed. Note: The name of this program was changed from Medicare+Choice to Medicare Advantage under the Medicare Prescription Drug, Improvement, and Modernization Act.
Am. Health Ins. Plans releases report at conference describing successes, 1096 Antitrust, more plans entering market increase product proliferation, study, 918 Bidding
Budget, MedPAC debates pros and cons of competitive process included in proposal, 255
Enrollment, competitive bids might reduce, MedPAC report, 739 Former CMS chief predicts competitive program, meeting, 373 Payments based on average submitted, industry leaders object to White House proposal, 250; OMB director defends, forum and hearing, 306; MedPAC deems long-term impact of lower pay hard to predict, 309 Preparation, draft 2010 call letter for plans released, 31; withdrawn, 95; oversight focus in revision, 253 Spending, CBO estimates competitive process would reduce by $159 billion, 609 Coding
See generally CODING
Compliance, CMS recommends voluntary self-reporting of suspected issues, 581 Consumer satisfaction, CMS seeks to raise quality ratings, forum, 151 Coordinated care, key to program survival, summit, 849 Coverage denial, Kaiser dismissed as improper defendant but leave to amend granted to sue HHS (S.D. Cal.), 676 Dual eligibles
See DUAL ELIGIBLES
CMS actions updated, In Brief, 674
Revised rules, CMS to propose, 584; changes to 2010 benefit plan outlines clarified, 945 Federal funds use by companies to lobby enrollees re health care reform legislation prohibited, CMS memoranda, 2011 Fraud and abuse
Bogus treatments, 2 charged in 5-state billing scheme (S.D. Fla.), 590
Improper billing, 8 Miami defendants charged (S.D. Fla.), 775 Medicare Act, no preemption of claims by persons enrolled by private plan without their permission causing Medicare coverage loss (S.D. Miss.), 774 Hospitalization, shorter less costly stays than Medicare patients, study, 67 Independent insurance agents, eligibility groups enlarged to ensure higher compensation, 944 International economic crisis, compliance programs critical, BNA Analysis, 470 Marketing
See MARKETING
Outlook 2009, among top health issues to be addressed, Special Report, 18 Plan types, 3-limit requirement to avoid 2010 duplication, CMS call letter, 368; more definitive, Kaiser brief, 563; CMS telephone campaign to drop duplicative plans, 607; requiring minimum enrollment and reducing complexity desirable goals, report, 887 Policy and technical changes to plan program, CMS issues proposed rule, 1176; proposed changes would boost oversight and accountability, Special Report, 2028 Quality of care versus traditional Medicare, MedPAC meeting discusses comparable performance measures, 1123; data collection requirements expansion considered, 1177 Rates
Alternative payment system, MedPAC says Congress should focus first on program goals, 431
CMS estimates 0.5 percent increase in 2010, 208; physician pay may be considered in rate calculations, BCBSA says, 337; 0.81 percent is actual rate, 403 Cuts will result in fewer plans and options, MedPAC says, 65 Fee-for-service providers
MA plans to be paid $11.4 billion more in 2009, report, 528
Payments may be less, Sebelius says, hearing, 429 Private MA plans should receive same pay, briefing, 615 Wellcare to withdraw from private market in 2010, 571 Payment policy changes, House leaders and Baucus (D-Mont) support proposal, 282 Private-sector insurer payments, CMS and Treasury Dep't officials consider timing changes, GAO report, 282
CMS posts, 209
Private plan monitoring will improve, forum, 117
Ed. Note: The name of this program was changed from Medicare+Choice to Medicare Advantage under the Medicare Prescription Drug, Improvement, and Modernization Act.
Ed. Note: Entries at this heading refer to Medicare Part D unless otherwise indicated.
Access, no improvement for many beneficiaries, study, 284 Appeals process, CMS draft guidance issued, 1025 Bid preparation
Draft 2010 call letter for plans released, 31; withdrawn, 95; oversight focus in revision, 253
Errors, no refunds for overcharged enrollees, 487 Choices, numerous options impede ability to select low-cost plan, study, 739 Copayments from state board, no sanctions, IG advisory opinion, 999 Cost increases, consumers union cites in support of reform, 797 E-prescriptions
Community pharmacists want federal incentives, 489
Technical issues prevent plan sponsors from complete implementation of standards in 2008, survey finds, 2012 Enforcement
CMS actions updated, In Brief, 674
New regulations proposed, 584; changes to 2010 benefit plan outlines clarified, 945 Formulary offerings will decrease in 2010, CMS official says, 2011 Gap
Affected seniors cut prescriptions 14 percent, study, 152
Closing, AARP campaign fact sheet, 616 Concerns remain although program performance exceeds expectations, study, 1027 Cost cuts, drug industry pledges, 731; hospital spending reductions anticipated, 791 House Democrats' proposal, costly for chronically ill, news release, 798 Jurisdiction, challenge dismissed (3d Cir.), 924 7 percent total of 2006 beneficiaries, report, 283 Low-income persons
Auto-assignment to prescription drug plans, CMS official discusses at conference, 1096
Health reform would help most, briefing, 615
Guidance, CMS revises, 609; final guide released, 971
Plans, fair market value sales agent compensation rates set, 7; rule may discourage independent agent assistance, 64 Oversight challenges loom, IG report, 34 Payment policy changes, House leaders and Baucus (D-Mont) support proposal, 282 Policy and technical changes to plan program, CMS issues proposed rule, 1176; proposed changes would boost oversight and accountability, Special Report, 2028 Premiums Protected classes, comments sought on proposed CMS rule requiring coverage, 61; managers' group opposes expansion, 371 Reconciliation payments for 2008 plan year, CMS expects to owe money, 1058 Reporting requirements, CMS posts, 209 Stand-alone plans, over 40 percent of beneficiaries purchased, study, 284 2007 coverage, Kaiser Found. analysis, In Brief, 974
Ambiguous policy provision, plan must pay hospital's standard rate rather than lower Medicare charges reimbursement (Wis.), 590
BCBS of Mich.
Deceptive practices, plan warned, 16
Interim rates, increase approved, 978 ESRD, new Fla. coverage law, 711 GINA, CMS to use Natl. Ass'n of Ins. Comm'n model for regulations, 486 Hospitals, HHS IG approves proposal to create preferred provider networks, 944 Out-of-pocket expenses, MA affords less protection, studies, 339 Policy sales increasing, study, 750
Cal. passes health insurance coverage mandate bill, 1102
Dependents
Disabled, medical and denial plan acted arbitrarily to deny 23-year-old son's enrollment (N.D. Ill.), 387
Eating disorders, Horizon BCBS of N.J. settlement of coverage claims approved (D.N.J.), 494 Out-of-network care, claim over denial of residential treatment for eating disorder barred (S.D.N.Y.), 347 Fraud and abuse, Horizon BCBS terminated benefits arbitrarily over claims for psychiatric services (D.N.J.), 950 Parity law revision
Dependents, medical and dental plan acted arbitrarily to deny disabled 23-year-old son's enrollment (N.D. Ill.), 387
Antitrust
CVS/Caremark, FTC probe sought, 561
FTC to focus on hospital quality improvement potential, meeting, 177 Justice Dep't review, hospital association urges, letter and report, 585 Long-term care pharmacy's claims against merged insurance companies dismissed for insufficient evidence (N.D. Ill.), 89; Omnicare to appeal, 89
Highmark and Independence, Pa. plans halt effort, 103
Physicians Health Plan of Mid-Mich. acquisition, Mich. attorney general requests more information, 1104 Transferring funds to subsidiary, suit alleging state law violation dismissed (Mich. Cir. Ct.), 72 PBM, Express Scripts/WellPoint agreement, 441; community pharmacists file objections with FTC, 536 Preferred Care Partners/Humana, claims over alleged breach of confidentiality agreement proceed (S.D. Fla.), 495 Sales, binding arbitration hearing set in suit over sale of 3 hospitals (Colo. Dist. Ct.), 73; 2 sales disallowed for violation of state nonprofit law but third proceeds, 712; agreement to transfer 2 Exempla properties to Catholic system, 1007
BCBS
Individual health insurance market rates, lawmakers adjourn without action, 16; insurer to cut jobs and seek increases to offset losses, 106; commissioner sets hearing, 681; increase approved, 978; Dingell (D-Mich) and Levin (D-Mich) ask for details on rate increases, 997
Medigap policies, insurer warned about deceptive business practices, 16 Mergers and acquisitions, suit alleging state law violation for transferring funds to subsidiary dismissed (Mich. Cir. Ct.), 72 Omega Hosp., trial over plan reimbursement proceeds (E.D. La.), 376 Physicians Health Plan of Mid-Mich. acquisition, attorney general requests more information, 1104 Health insurance, ERISA does not preempt state rules barring discretionary clauses in policies (6th Cir.), 343 No-fault automobile insurer bound by 2-year limitations period in ERISA plan contract (E.D. Mich.), 158
Antitrust, legislative exemption of health care cooperatives activities will reduce competition and increase costs, FTC letter, 384
Care delivery improvement, Medica and Fairview Health Sys. collaborative agreement, 898 Electronic claims processing requirement, savings expected under new billing law, 866 Hospitals
Allina pays $1.1 million to settle patients' usury claims (Minn. Dist. Ct.), 460
Net income, many lost money on operations, report, 596 Low-cost plan, attorney general alleges fraud and sues Consumer Health Benefits Ass'n, 1193 Medicaid program, Mayo Clinic of Rochester, Minn. to disenroll, 2024 Medical debt, state attorney general sues Allina Health Sys. over interest rate charges that violated state usury laws (Minn. Dist. Ct.), 128 Website allows residents to compare health care services by price and quality, 1072
Aetna underpricing to gain market share, class securities action dismissed (E.D. Pa.), 742
Insurance eligibility, former plan participant's claims proceed (S.D.N.Y.), 376 Out-of-network care, ERISA no bar to negligent misrepresentation claim over physician statement that knee treatment would be covered by plan (S.D. Ohio), 675 Standing, spouse cannot sue insurer over terms of policy covering late wife (Cal. Ct. App.), 500
BCBS, ERISA preempts physician's state law prompt payment claims (S.D. Fla.), 158
Chiropractic services, charges settled over violation of state insurance laws, 1031 Data breach notice, health information protected under new law, 897 HMOs, state regulation violated by charging copayment and percentage fee for same single service (W.D. Mo.), 706
BCBS insurance forms exclude coverage of injuries covered by other policies, prohibition on use affirmed (Mont.), 1160
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