House File 2309 - Introduced HOUSE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 2156) A BILL FOR 1 An Act relating to reimbursement for dually eligible Medicare 2 and Medicaid beneficiaries receiving the Medicare hospice 3 benefit in a nursing facility. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6007HV (2) 87 pf/rn PAG LIN 1 1 Section 1. DUALLY ELIGIBLE MEDICARE AND MEDICAID 1 2 BENEFICIARIES RECEIVING HOSPICE BENEFIT IN A NURSING FACILITY 1 3 ==== OPTIONS FOR ELIMINATION OF PASS=THROUGH PAYMENT. The 1 4 department of human services, after consulting with affected 1 5 providers and stakeholders, shall pursue options for the 1 6 payment of the nursing facility room and board expenses for 1 7 a dually eligible Medicare and Medicaid member receiving the 1 8 Medicare hospice benefit, to allow Medicaid managed care 1 9 organizations and the department's fee=for=service Medicaid 1 10 payment system to reimburse the nursing facility directly 1 11 for the room and board expenses rather than indirectly as 1 12 a pass=through payment from the hospice services provider. 1 13 The department of human services shall report all options 1 14 identified to the chairpersons and ranking members of the joint 1 15 appropriations subcommittee on health and human services, the 1 16 legislative services agency, and the legislative caucus staffs 1 17 on or before October 1, 2018. 1 18 EXPLANATION 1 19 The inclusion of this explanation does not constitute agreement with 1 20 the explanation's substance by the members of the general assembly. 1 21 This bill requires the department of human services (DHS), 1 22 after consulting with affected providers and stakeholders, to 1 23 pursue options for the payment of the nursing facility room 1 24 and board expenses for a dually eligible Medicare and Medicaid 1 25 member receiving the Medicare hospice benefit, to allow 1 26 Medicaid managed care organizations and the DHS fee=for=service 1 27 payment system to reimburse the nursing facility directly 1 28 for the room and board expenses rather than indirectly as 1 29 a pass=through payment from the hospice services provider. 1 30 DHS is required to report all options identified to the 1 31 chairpersons and ranking members of the joint appropriations 1 32 subcommittee on health and human services, the legislative 1 33 services agency, and the legislative caucus staffs on or before 1 34 October 1, 2018. 1 35 Currently, the Medicare hospice benefit covers the costs of 2 1 palliative care for an individual who is terminally ill in the 2 2 individual's home or in a nursing facility. Medicare does not 2 3 have a long=term custodial nursing facility benefit, so that if 2 4 an individual elects the Medicare hospice benefit in a nursing 2 5 facility, the individual's room and board are not covered by 2 6 Medicare and the individual or a third=party payor must pay for 2 7 the costs of the room and board. For those individuals dually 2 8 eligible for Medicare and Medicaid who elect the Medicare 2 9 hospice benefit, Medicare is financially responsible for the 2 10 hospice care and the Medicaid program is the third=party payor 2 11 responsible for the nursing facility room and board expense. 2 12 For the nursing facility room and board care, the Medicaid 2 13 program must provide for payment in an amount equal to at 2 14 least 95 percent of the Medicaid daily nursing facility rate 2 15 (the rate the state Medicaid program pays for nursing facility 2 16 services furnished to an individual who has not elected to 2 17 receive hospice care). Historically, the Medicaid program 2 18 has paid the hospice provider for the nursing facility room 2 19 and board expenses of dually eligible individuals who elect 2 20 the hospice benefit, and the hospice provider has then passed 2 21 through this payment to the nursing facility. The bill would 2 22 require DHS to pursue options to instead allow Medicaid managed 2 23 care organizations to pay the nursing facility directly for 2 24 the nursing facility room and board costs, and eliminate the 2 25 pass=through payment utilizing the hospice provider. LSB 6007HV (2) 87 pf/rn