HLS 13RS-974 ORIGINAL Page 1 of 13 Regular Session, 2013 HOUSE CONCURRENT RESOLUTI ON NO. 75 BY REPRESENTATIVE BARROW HEALTH/DHH: Requires transparency in Medicaid managed care programs operated by DHH A CONCURRENT RESOLUTI ON1 To authorize and direct the Department of Health and Hospitals to ensure transparency in2 its Medicaid managed care programs through annual reports to the legislature on the3 coordinated care network initiative known as "Bayou Health", the Louisiana4 Behavioral Health Partnership, and the Coordinated System of Care.5 WHEREAS, it is in the best interest of all citizens of this state that the Louisiana6 Medicaid program is operated in the most efficient and sustainable manner possible; and7 WHEREAS, with the transition of over two-thirds of Louisiana's Medicaid enrollees8 since 2011 from a state-operated fee-for-service program to a program known as "Bayou9 Health" which relies on managed care coordinated by private insurance companies, it is10 imperative that the Department of Health and Hospitals, hereafter referred to as11 "department", report adequate information to the Legislature of Louisiana on financing and12 outcomes of such coordinated care; and13 WHEREAS, as a policymaking body, the legislature requires reporting of this type14 in order to ensure that the department is achieving the following priority outcomes:15 (1) Improved care coordination with patient-centered medical homes for Medicaid16 recipients.17 (2) Improved health outcomes and quality of care as measured by a valid metric,18 such as the Healthcare Effectiveness Data and Information Set (HEDIS).19 (3) Increased emphasis on disease prevention and early diagnosis and management20 of chronic conditions.21 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 2 of 13 (4) Improved access to Medicaid services.1 (5) Improved accountability with a decrease in fraud, abuse, and wasteful spending.2 (6) A more financially sustainable Medicaid program; and3 WHEREAS, it is in the best interest of all citizens of this state that services of the4 Louisiana Medicaid program for enrollees with mental health and behavioral health needs5 are delivered in the most efficient and sustainable manner possible; and6 WHEREAS, with the transition of services of the department's office of behavioral7 health to a system in which a private contractor operates as a statewide management8 organization providing a single point-of-entry for behavioral health services, it is imperative9 that the department report adequate information to the Legislature of Louisiana on financing10 and outcomes of this managed care system; and11 WHEREAS, as a policymaking body, the legislature requires reporting of this type12 in order to ensure that the department is achieving the following priority outcomes:13 (1) Implementation of a Coordinated System of Care for youth and their families or14 caregivers that utilizes a family-and youth-driven practice model, provision of wraparound15 facilitation by child and family teams, family and youth supports, and overall management16 of these services by the statewide management organization.17 (2) Improved access, quality, and efficiency of behavioral health services for18 children not eligible for the Coordinated System of Care, and for adults with severe mental19 illness and addictive disorders, through management of these services by the statewide20 management organization.21 (3) Smooth and efficient transition of behavioral health service delivery and22 operations from a regional based approach coordinated through the office of behavioral23 health within the Department of Health and Hospitals to the use of human service districts24 or local government entities.25 (4) Seamless coordination of behavioral health services with the comprehensive26 health care system without losing attention to the special skills of the behavioral health27 professionals.28 (5) Advancement of a resiliency-, recovery-, and consumer-focused system of29 person-centered care.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 3 of 13 (6) Implementation of evidence-based best practices that are effective, efficient, and1 supported by data collected from measuring outcomes, quality, and accountability.2 (7) The efficient and effective use of state general funds in order to maximize federal3 funding of behavioral services provided by the Medicaid program.4 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby5 authorize and direct the department, beginning January 1, 2014, and annually thereafter, to6 submit a report concerning the Medicaid coordinated care network initiative known as7 "Bayou Health" to the House and Senate committees on health and welfare which includes8 but is not limited to the following information:9 (1) The name and geographic service area of each coordinated care network which10 has contracted with the department.11 (2) The total number of health care providers in each coordinated care network12 broken down by provider type and specialty and by each geographic service area. The initial13 report shall also include the total number of providers enrolled in the fee-for-service14 Medicaid program broken down by provider type and specialty for each geographic service15 area for the period, either calendar or state fiscal year, prior to the date of services initially16 being provided under Bayou Health.17 (3) The total and monthly average of the number of members enrolled in each18 network broken down by eligibility group.19 (4) The percentage of primary care practices that provide verified continuous phone20 access with the ability to speak with a primary care provider clinician within thirty minutes21 of member contact for each coordinated care network.22 (5) The percentage of regular and expedited service authorization requests processed23 within the time frames specified by the contract for each coordinated care network. The24 initial report shall also include comparable metrics or regular and expedited service25 authorizations and time frames when processed by the Medicaid fiscal intermediary for the26 period, either calendar or state fiscal year, prior to the date of services initially being27 provided under Bayou Health.28 (6) The percentage of clean claims paid for each provider type within thirty calendar29 days and the average number of days to pay all claims for each coordinated care network.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 4 of 13 The initial report shall also include the percentage of clean claims paid within thirty days by1 the Medicaid fiscal intermediary broken down by provider type for the period, either2 calendar or state fiscal year, prior to the date of services initially being provided under3 Bayou Health.4 (7)(a) The number of claims denied or reduced by each coordinated care network5 for each of the following reasons:6 (i) Lack of documentation to support medical necessity.7 (ii) Prior authorization was not on file.8 (iii) Member has other insurance that must be billed first.9 (iv) Claim was submitted after the filing deadline.10 (v) Service was not covered by the coordinated care network.11 (vi) Due to process, procedure, notification, referrals, or any other required12 administrative function of a coordinated care network.13 (b) The initial report shall also include the number of claims denied or reduced for14 each of the reasons set forth in this Paragraph by the Medicaid fiscal intermediary for the15 period, either calendar or state fiscal year, prior to the date of services initially being16 provided under Bayou Health.17 (8) The number and dollar value of all claims paid to non-network providers by18 claim type categorized by emergency services and nonemergency services for each19 coordinated care network by geographic service area.20 (9) The number of members who chose the coordinated care network and the21 number of members who were autoenrolled into each coordinated care network, broken22 down by coordinated care network.23 (10) The amount of the total payments and average per member per month payment24 paid to each coordinated care network.25 (11) The medical loss ratio of each coordinated care network and the amount of any26 refund to the state for failure to maintain the required medical loss ratio.27 (12) A comparison of health outcomes among each coordinated care network which28 shall include but shall not be limited to the following:29 (a) Adult asthma hospital admission rate.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 5 of 13 (b) Congestive heart failure hospital admission rate.1 (c) Uncontrolled diabetes hospital admission rate.2 (d) Adult access to preventative or ambulatory health services.3 (e) Breast cancer screening rate.4 (f) Well child visits.5 (g) Childhood immunization rates.6 (13) A comparison of health outcomes for each of the aforementioned metrics for7 the Medicaid fee-for-service program for the period, either calendar or state fiscal year, prior8 to the date of services initially being provided under Bayou Health.9 (14) A copy of the member and provider satisfaction survey report for each10 coordinated care network.11 (15) A copy of the annual audited financial statements for each coordinated care12 network.13 (16) The total amount of savings to the state for each shared savings coordinated14 care network.15 (17) A brief factual narrative describing any sanctions levied by the department16 against a coordinated care network.17 (18) The number of members, broken down by each coordinated care network, who18 file a grievance or appeal and the number of members who accessed the state fair hearing19 process and the total number and percentage of grievances or appeals which reversed or20 otherwise resolved a decision in favor of the member.21 (19) The number of members who received unduplicated Medicaid services from22 each coordinated care network, broken down by provider type, specialty, and place of23 service.24 (20) The number of members who received unduplicated outpatient emergency25 services, broken down by coordinated care network and aggregated by the following hospital26 classifications:27 (a) State.28 (b) Nonstate nonrural.29 (c) Rural.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 6 of 13 (d) Private.1 (21) The number of total inpatient Medicaid days broken down by coordinated care2 network and aggregated by the following hospital classifications:3 (a) State.4 (b) Public nonstate nonrural.5 (c) Rural.6 (d) Private.7 (22) The number of claims for emergency services, broken out by coordinated care8 network, whether the claim was paid or denied and by provider type. The initial report shall9 also include comparable metrics for claims for emergency services that were processed by10 the Medicaid fiscal intermediary for the period, either calendar or state fiscal year, prior to11 the date of services initially being provided under Bayou Health.12 (23) The following information concerning pharmacy benefits broken down by each13 coordinated care network and by month:14 (a) Total number of prescription claims.15 (b) Total number of prescription claims subject to prior authorization.16 (c) Total number of prescription claims denied.17 (d) Total number of prescription claims subject to step therapy or fail first protocols.18 (24) Any other metric or measure which the department deems appropriate for19 inclusion in the report.20 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby21 authorize and direct the department, beginning January 1, 2014, and annually thereafter, to22 submit reports concerning the Coordinated System of Care and the Louisiana Behavioral23 Health Partnership to the House and Senate committees on health and welfare that shall24 include but not be limited to the following information:25 (1) The name and geographic service area of each human services district or local26 government entity through which behavioral health services are being provided.27 (2) The total number of health care providers in each human services district or local28 government entity, if applicable or by parish, broken down by provider type, applicable29 credentialing status, and specialty.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 7 of 13 (3) The total number of Medicaid and non-Medicaid members enrolled in each1 human services district or local government entity, if applicable, or by parish.2 (4) The total and monthly average number of adult Medicaid enrollees receiving3 services in each human services district or local government entity, if applicable, or by4 parish.5 (5) The total and monthly average number of adult non-Medicaid patients receiving6 services in each human services district or local government entity, if applicable, or by7 parish.8 (6) The total and monthly average number of children receiving services through the9 Coordinated System of Care by human services region or local government entity, if10 applicable, or by parish.11 (7) The total and monthly average number of children not enrolled in the12 Coordinated System of Care receiving services as Medicaid enrollees in each human services13 district or local government entity, if applicable, or by parish.14 (8) The total and monthly average number of children not enrolled in the15 Coordinated System of Care receiving services as non-Medicaid enrollees in each human16 services district or local government entity, if applicable, or by parish.17 (9) The percentage of calls received by the statewide management organization that18 were referred for services in each human services district or local government entity, if19 applicable, or by parish.20 (10) The average length of time for a member to receive confirmation and referral21 for services, using the initial call to the statewide management organization as the start date.22 (11) The percentage of all referrals that were considered immediate, urgent, and23 routine in each human services district or local government entity, if applicable, or by parish.24 (12) The percentage of clean claims paid for each provider type within thirty25 calendar days and average number of days to pay all claims for each human services district26 or local government entity.27 (13) The total number of claims denied or reduced for each of the following reasons:28 (a) Lack of documentation.29 (b) Lack of prior authorization.30 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 8 of 13 (c) Service was not covered.1 (14) The percentage of members who provide consent for release of information to2 coordinate care with the member's primary care physician and other health care providers.3 (15) The number of outpatient members who received services in hospital-based4 emergency rooms due to a behavioral health diagnosis.5 (16) A copy of the statewide management organization's report to the department6 on quality management, which shall include all of the following information:7 (a) The number of qualified quality management personnel employed by the8 statewide management organization to review performance standards, measure treatment9 outcomes, and assure timely access to care.10 (b) The mechanism utilized by the statewide management organization for11 generating input and participation of members, families, caretakers, and other stakeholders12 in the monitoring of service quality and determining strategies to improve outcomes.13 (c) Documentation verifying that all the federal requirements set forth in 42 CFR14 438.240 have been met within the utilization management standards required by the15 Medicaid program as described in 42 CFR 456.16 (d) Documentation verifying that the statewide management organization has17 implemented and maintained a formal outcomes assessment process that is standardized,18 relatable, and valid in accordance with industry standards.19 (17) Any other metric or measure that the department deems appropriate for20 inclusion in the report.21 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby22 authorize and direct the department to make publicly available on its Internet website all of23 the following items:24 (1) All informational bulletins, health plan advisories, and published guidance25 concerning the Bayou Health coordinated care network program.26 (2) All Medicaid state plan amendments and any correspondence related thereto,27 which shall be made publicly available within twenty-four hours of submission to the28 Centers for Medicare and Medicaid Services.29 HLS 13RS-974 ORIGINAL HCR NO. 75 Page 9 of 13 (3) All formal responses to the department by the Centers for Medicare and1 Medicaid Services regarding any Medicaid state plan amendment, which shall be made2 publicly available within twenty-four hours of receipt by the department.3 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted4 to the secretary of the Department of Health and Hospitals.5 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Barrow HCR No. 75 Directs DHH, beginning Jan. 1, 2014, and annually thereafter, to submit a report concerning the Medicaid coordinated care network initiative known as "Bayou Health" to the legislative committees on health and welfare which includes but is not limited to the following information: (1)The name and geographic service area of each coordinated care network which has contracted with the department. (2)The total number of health care providers in each coordinated care network broken down by provider type and specialty and by each geographic service area. The initial report shall also include the total number of providers enrolled in the fee-for-service Medicaid program broken down by provider type and specialty for each geographic service area for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (3)The total and monthly average of the number of members enrolled in each network broken down by eligibility group. (4)The percentage of primary care practices that provide verified continuous phone access with the ability to speak with a primary care provider clinician within 30 minutes of member contact for each coordinated care network. (5)The percentage of regular and expedited service authorization requests processed within the time frames specified by the contract for each coordinated care network. The initial report shall also include comparable metrics or regular and expedited service authorizations and time frames when processed by the Medicaid fiscal intermediary for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (6)The percentage of clean claims paid for each provider type within thirty calendar days and the average number of days to pay all claims for each coordinated care network. The initial report shall also include the percentage of clean claims paid within 30 days by the Medicaid fiscal intermediary broken down by provider type for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (7)(a)The number of claims denied or reduced by each coordinated care network for each of the following reasons: (i)Lack of documentation to support medical necessity. HLS 13RS-974 ORIGINAL HCR NO. 75 Page 10 of 13 (ii)Prior authorization was not on file. (iii)Member has other insurance that must be billed first. (iv)Claim was submitted after the filing deadline. (v)Service was not covered by the coordinated care network. (vi)Due to process, procedure, notification, referrals, or any other required administrative function of a coordinated care network. (b)The initial report shall also include the number of claims denied or reduced for each of the reasons set forth by the Medicaid fiscal intermediary for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (8)The number and dollar value of all claims paid to nonnetwork providers by claim type categorized by emergency services and nonemergency services for each coordinated care network by geographic service area. (9)The number of members who chose the coordinated care network and the number of members who were autoenrolled into each coordinated care network, broken down by coordinated care network. (10)The amount of the total payments and average per member per month payment paid to each coordinated care network. (11)The medical loss ratio of each coordinated care network and the amount of any refund to the state for failure to maintain the required medical loss ratio. (12)A comparison of health outcomes, which includes but is not limited to the following outcomes among each coordinated care network: (a)Adult asthma hospital admission rate. (b)Congestive heart failure hospital admission rate. (c)Uncontrolled diabetes hospital admission rate. (d)Adult access to preventative or ambulatory health services. (e)Breast cancer screening rate. (f)Well child visits. (g)Childhood immunization rates. (13)The initial report shall also include a comparison of health outcomes for each of the aforementioned metrics for the Medicaid fee-for-service program for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (14)A copy of the member and provider satisfaction survey report for each coordinated care network. (15)A copy of the annual audited financial statements for each coordinated care network. (16)The total amount of savings to the state for each shared savings coordinated care network. (17)A brief factual narrative describing any sanctions levied by the department against a coordinated care network. (18)The number of members, broken down by each coordinated care network, who file a grievance or appeal and the number of members who accessed the state fair hearing process and the total number and percentage of grievances or appeals which reversed or otherwise resolved a decision in favor of the member. HLS 13RS-974 ORIGINAL HCR NO. 75 Page 11 of 13 (19)The number of members who received unduplicated Medicaid services from each coordinated care network, broken down by provider type, specialty, and place of service. (20)The number of members who received unduplicated outpatient emergency services, broken down by coordinated care network and aggregated by the following hospital classifications: (a)State. (b)Nonstate nonrural. (c)Rural. (d)Private. (21)The number of total inpatient Medicaid days broken down by coordinated care network and aggregated by the following hospital classifications: (a)State. (b)Public nonstate nonrural. (c)Rural. (d)Private. (22)The number of claims for emergency services, broken out by coordinated care network, whether the claim was paid or denied and by provider type. The initial report shall also include comparable metrics for claims for emergency services that were processed by the Medicaid fiscal intermediary for the period, either calendar or state fiscal year, prior to the date of services initially being provided under Bayou Health. (23)The following information concerning pharmacy benefits broken down by each coordinated care network and by month: (a)Total number of prescription claims. (b)Total number of prescription claims subject to prior authorization. (c)Total number of prescription claims denied. (d)Total number of prescription claims subject to step therapy or fail first protocols. (24)Any other metric or measure which the department deems appropriate for inclusion in the report. Further, directs DHH, beginning Jan. 1, 2014, and annually thereafter, to submit reports concerning the Coordinated System of Care and the La. Behavioral Health Partnership to the legislative committees on health and welfare that include but are not limited to the following information: (1)The name and geographic service area of each human services district or local government entity through which behavioral health services are being provided. (2)The total number of health care providers in each human services district or local government entity, if applicable or by parish, broken down by provider type, applicable credentialing status, and specialty. (3)The total number of Medicaid and non-Medicaid members enrolled in each human services district or local government entity, if applicable, or by parish. (4)The total and monthly average number of adult Medicaid enrollees receiving services in each human services district or local government entity, if applicable, or by parish. HLS 13RS-974 ORIGINAL HCR NO. 75 Page 12 of 13 (5)The total and monthly average number of adult non-Medicaid patients receiving services in each human services district or local government entity, if applicable, or by parish. (6)The total and monthly average number of children receiving services through the Coordinated System of Care by human services region or local government entity, if applicable, or by parish. (7)The total and monthly average number of children not enrolled in the Coordinated System of Care receiving services as Medicaid enrollees in each human services district or local government entity, if applicable, or by parish. (8)The total and monthly average number of children not enrolled in the Coordinated System of Care receiving services as non-Medicaid enrollees in each human services district or local government entity, if applicable, or by parish. (9)The percentage of calls received by the statewide management organization that were referred for services in each human services district or local government entity, if applicable, or by parish. (10)The average length of time for a member to receive confirmation and referral for services, using the initial call to the statewide management organization as the start date. (11)The percentage of all referrals that were considered immediate, urgent, and routine in each human services district or local government entity, if applicable, or by parish. (12)The percentage of clean claims paid for each provider type within 30 calendar days and average number of days to pay all claims for each human services district or local government entity. (13)The total number of claims denied or reduced for each of the following reasons: (a)Lack of documentation. (b)Lack of prior authorization. (c)Service was not covered. (14)The percentage of members who provide consent for release of information to coordinate care with the member's primary care physician and other health care providers. (15)The number of outpatient members who received services in hospital-based emergency rooms due to a behavioral health diagnosis. (16)A copy of the statewide management organization's report to the department on quality management, which shall include all of the following information: (a)The number of qualified quality management personnel employed by the statewide management organization to review performance standards, measure treatment outcomes, and assure timely access to care. (b)The mechanism utilized by the statewide management organization for generating input and participation of members, families, caretakers, and other stakeholders in the monitoring of service quality and determining strategies to improve outcomes. (c)Documentation verifying that all the federal requirements set forth in 42 CFR 438.240 have been met within the utilization management standards required by the Medicaid program as described in 42 CFR 456. HLS 13RS-974 ORIGINAL HCR NO. 75 Page 13 of 13 (d)Documentation verifying that the statewide management organization has implemented and maintained a formal outcomes assessment process that is standardized, relatable, and valid in accordance with industry standards. (17)Any other metric or measure that the department deems appropriate for inclusion in the report. Further, directs DHH to make publicly available on its website all of the following items: (1)All informational bulletins, health plan advisories, and published guidance concerning the Bayou Health coordinated care network program. (2)All Medicaid state plan amendments and any correspondence related thereto, which shall be made publicly available within 24 hours of submission to the Centers for Medicare and Medicaid Services. (3)All formal responses to the department by the Centers for Medicare and Medicaid Services regarding any Medicaid state plan amendment, which shall be made publicly available within 24 hours of receipt by the department.