PRIOR PRINTER'S NO. 1367 PRINTER'S NO. 1532
No. 242 Session of 2007
INTRODUCED BY CASORIO, BELFANTI, BIANCUCCI, CALTAGIRONE, FABRIZIO, FRANKEL, GEIST, GERGELY, GIBBONS, GINGRICH, GOODMAN, KENNEY, KIRKLAND, KORTZ, KOTIK, PETRARCA, READSHAW, REICHLEY, ROSS, SCAVELLO, SOLOBAY, WOJNAROSKI, SONNEY, OLIVER, J. TAYLOR, SIPTROTH, WANSACZ AND THOMAS, APRIL 23, 2007
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2007
A RESOLUTION 1 Urging the Governor and the Secretary of Public Welfare to cease <-- 2 and desist from any action that furthers the planned move 3 from a voluntary managed care choice to a mandated fee-for- 4 service system for medical assistance recipients. 5 URGING THE RENDELL ADMINISTRATION AND THE SECRETARY OF PUBLIC <-- 6 WELFARE TO DESIST IN ANY ACTION THAT FURTHERS THE PLANNED 7 MOVE FROM A VOLUNTARY MANAGED CARE CHOICE TO A MANDATED FEE- 8 FOR-SERVICE SYSTEM FOR MEDICAL ASSISTANCE RECIPIENTS OR THAT 9 REMOVES PHARMACY SERVICES AS A COVERED BENEFIT UNDER ANY 10 MANAGED CARE PROGRAM. 11 WHEREAS, For more than 20 years, the Commonwealth has <-- 12 utilized a managed care model as the foundation for providing 13 access to quality health care for medical assistance consumers; 14 and 15 WHEREAS, The medical assistance managed care program was 16 established to enable medical assistance consumers to have a 17 "medical home," ensuring coordination and continuity of care as 18 well as access to physicians and other providers; and 19 WHEREAS, Medical assistance consumers who enrolled in managed
1 care programs instead of fee-for-service programs are afforded 2 the opportunity for preventative care and routine tests to 3 detect conditions that often result in far more costly medical 4 services; and 5 WHEREAS, In 26 counties in this Commonwealth, approximately 6 71,000 Pennsylvanians are enrolled in voluntary medical 7 assistance managed care plans through which they receive 8 considerable physical health benefits; and 9 WHEREAS, The voluntary medical assistance managed care plans 10 are administered by managed care organizations that rank in the 11 top 20 among all Medicaid health plans in the United States 12 according to a study conducted by U.S. News & World Report and 13 the National Committee for Quality Assurance; and 14 WHEREAS, Managed care organizations are responsible for 15 managing the physical health services, including pharmaceutical 16 and dental services, of participating consumers; and 17 WHEREAS, Managed care organizations have experience and 18 expertise in management of certain chronic diseases as well as 19 management of complex medical cases; and 20 WHEREAS, The Secretary of Public Welfare has determined that 21 consumers participating in voluntary managed care programs will 22 be transitioned to Access Plus, the fee-for-service program 23 established by the department and administered by one vendor, as 24 of July 1, 2007; and 25 WHEREAS, This determination was made without benefit of 26 comment from the public, especially from those consumers or 27 providers directly impacted by the transition; and 28 WHEREAS, Access Plus has been in operation for approximately 29 two years without any independent review and analysis of its 30 impact on the care of medical assistance consumers, coordination 20070H0242R1532 - 2 -
1 with providers or cost effectiveness; and 2 WHEREAS, Some providers have stated that they will refuse to 3 participate in Access Plus if voluntary managed care is 4 eliminated; and 5 WHEREAS, Consumers currently enrolled in voluntary managed 6 care plans may be forced to find new physicians and other 7 providers from what will be a considerably smaller network, 8 thereby compromising the health of Pennsylvania's most 9 vulnerable citizens; therefore be it 10 RESOLVED, That the House of Representatives strongly urges 11 the Governor and the Secretary of Public Welfare to cease and 12 desist from any action that furthers the planned move from a 13 voluntary managed care choice to a mandated fee-for-service 14 system for medical assistance consumers; and be it further 15 RESOLVED, That a comprehensive study and analysis, conducted 16 by an independent entity, be undertaken and completed before a 17 final decision is made; and be it further 18 RESOLVED, That the Secretary of Public Welfare continue the 19 voluntary managed care program as it has been conducted until 20 the independent study and analysis is completed; and be it 21 further 22 RESOLVED, That copies of this resolution be transmitted to 23 the Governor and to the Secretary of Public Welfare. 24 WHEREAS, THE COMMONWEALTH HAS UTILIZED A MANAGED CARE MODEL <-- 25 AND MANAGED CARE ORGANIZATIONS AS THE FOUNDATION FOR PROVIDING 26 HEALTH CARE ACCESS AND IMPROVED HEALTH CARE QUALITY TO MEDICAL 27 ASSISTANCE CONSUMERS FOR NEARLY A QUARTER OF A CENTURY; AND 28 WHEREAS, MANAGED CARE PROGRAMS WERE CREATED TO COORDINATE AND 29 MANAGE ALL PHYSICAL HEALTH CARE FOR MEDICAL ASSISTANCE CONSUMERS 30 TO PROVIDE A "MEDICAL HOME" WHICH WILL ENSURE CONTINUITY OF CARE 20070H0242R1532 - 3 -
1 AND ACCESS TO PRACTITIONERS AND SPECIALISTS, ENCOURAGE EARLY 2 DETECTION OF SERIOUS MEDICAL CONDITIONS AND PROVIDE PREVENTATIVE 3 MEDICINE THAT REDUCES THE NEED FOR MORE COSTLY MEDICAL 4 INTERVENTIONS; AND 5 WHEREAS, MANAGED CARE PROGRAMS WERE ALSO CREATED TO PROVIDE 6 QUALITY HEALTH CARE IN A COST-EFFECTIVE MANNER WITH AN EMPHASIS 7 ON CONTROLLING HEALTH CARE COSTS; AND 8 WHEREAS, VOLUNTARY MANAGED CARE PROGRAMS, WHICH PROVIDE 9 COORDINATED HEALTH CARE, ARE CURRENTLY OFFERED TO MEDICAL 10 ASSISTANCE CONSUMERS IN 26 COUNTIES WITHIN THIS COMMONWEALTH; 11 AND 12 WHEREAS, APPROXIMATELY 71,000 MEDICAL ASSISTANCE CONSUMERS 13 ARE CURRENTLY ENROLLED IN A VOLUNTARY MANAGED CARE PROGRAM; AND 14 WHEREAS, APPROXIMATELY 1 MILLION ADDITIONAL MEDICAL 15 ASSISTANCE CONSUMERS ARE CURRENTLY RECEIVING PHARMACEUTICAL 16 SERVICES THROUGH MANAGED CARE PROGRAMS; AND 17 WHEREAS, PHYSICAL HEALTH MANAGED CARE ORGANIZATIONS ARE 18 RESPONSIBLE FOR MANAGING ALL PHYSICAL HEALTH SERVICES, INCLUDING 19 PHARMACEUTICAL COVERAGE AND DENTAL SERVICES, FOR MEDICAL 20 ASSISTANCE CONSUMERS WHO PARTICIPATE IN MANAGED CARE PLANS; AND 21 WHEREAS, ACCORDING TO U.S. NEWS & WORLD REPORT AND THE 22 NATIONAL COMMITTEE FOR QUALITY ASSURANCE (NCQA), WHICH ACCREDITS 23 THESE ORGANIZATIONS, THE MANAGED CARE PLANS IN THIS COMMONWEALTH 24 ARE RANKED IN THE TOP 20 AMONG ALL MEDICAID HEALTH PLANS ACROSS 25 THE UNITED STATES; AND 26 WHEREAS, THE RENDELL ADMINISTRATION'S DEPARTMENT OF PUBLIC 27 WELFARE HAS UNILATERALLY ISSUED A DECLARATION THAT WILL MOVE ALL 28 MEDICAL ASSISTANCE CONSUMERS ENROLLED IN A VOLUNTARY MANAGED 29 CARE HEALTH PLAN TO ACCESS PLUS, A FEE-FOR-SERVICE HEALTH SYSTEM 30 WHICH IS SUBCONTRACTED BY THE DEPARTMENT OF PUBLIC WELFARE TO 20070H0242R1532 - 4 -
1 ONE SPECIFIC VENDOR; AND 2 WHEREAS, THIS FORCED CHANGE TO MANDATED FEE-FOR-SERVICE 3 HEALTH CARE WILL BE COMPLETED WITHOUT THE BENEFIT OF ANY PUBLIC 4 COMMENT OR PUBLIC HEARINGS THAT WOULD ENABLE MEDICAL ASSISTANCE 5 CONSUMERS AND HEALTH CARE PROVIDERS CURRENTLY PARTICIPATING IN 6 VOLUNTARY MANAGED CARE PLANS TO PROVIDE PUBLIC INPUT; AND 7 WHEREAS, THE RENDELL ADMINISTRATION HAS PROPOSED TO REMOVE 8 PHARMACY SERVICES FROM COVERAGE UNDER MANAGED CARE AND TRANSFER 9 SUCH SERVICES TO THE FEE-FOR-SERVICE SYSTEM, WHICH WOULD DENY 10 MEDICAL ASSISTANCE CONSUMERS THE BENEFITS OF THE EXPERTISE AND 11 COORDINATION PROVIDED UNDER VOLUNTARY MANAGED CARE WITH RESPECT 12 TO VITAL MEDICATIONS; AND 13 WHEREAS, MANAGED CARE ORGANIZATIONS WERE CREATED TO 14 INTENSIVELY MANAGE THE CARE OF INDIVIDUALS WITH CHRONIC DISEASES 15 AND COMPLEX MEDICAL CASES WHO NEED CONTINUAL MANAGEMENT AND 16 MONITORING OF THEIR CONDITIONS AND HEALTH CARE IN ORDER TO 17 LESSEN THE RISK OF FURTHER COMPLICATIONS; AND 18 WHEREAS, MANAGED CARE ORGANIZATIONS EMPLOY CASE MANAGERS, 19 SPECIAL NEEDS STAFF, PERSONS WITH EXPERTISE IN PHARMACY MATTERS, 20 DISEASE MANAGEMENT SPECIALISTS AND OUTREACH HEALTH PREVENTION 21 STAFF WHO CURRENTLY SERVE THIS MEDICAL ASSISTANCE POPULATION; 22 AND 23 WHEREAS, A FORCED MOVE TO A MANDATED FEE-FOR-SERVICE SYSTEM, 24 WHETHER FOR PHARMACY BENEFITS ONLY OR WITH RESPECT TO VOLUNTARY 25 MANAGED CARE, WILL ABRUPTLY STOP THE CONTINUITY OF CARE AND 26 MANAGEMENT OF CHRONIC DISEASES FOR MEDICAL ASSISTANCE CONSUMERS, 27 INCLUDING MEDICAL ASSISTANCE CONSUMERS WITH SPECIAL NEEDS; AND 28 WHEREAS, MEDICAL ASSISTANCE CONSUMERS CURRENTLY IN VOLUNTARY 29 MANAGED CARE MAY BE FORCED TO FIND NEW PROVIDERS, WHICH COULD 30 CREATE TRANSPORTATION CHALLENGES AND DIFFICULTIES FOR MEDICAL 20070H0242R1532 - 5 -
1 ASSISTANCE CONSUMERS AS WELL AS UNACCEPTABLE DELAYS IN 2 PREVENTATIVE HEALTH CARE AND EARLY DETECTION OF CHRONIC 3 CONDITIONS; AND 4 WHEREAS, THE RENDELL ADMINISTRATION'S DEPARTMENT OF PUBLIC 5 WELFARE SHOULD CONTINUE TO RECOGNIZE THAT THERE ARE MEDICALLY 6 UNDERSERVED AREAS AND PHYSICIAN SHORTAGES, PARTICULARLY WITHIN 7 THE MORE RURAL AREAS OF THIS COMMONWEALTH; AND 8 WHEREAS, THE CHANGE TO A MANDATED FEE-FOR-SERVICE SYSTEM FROM 9 VOLUNTARY MANAGED CARE CHOICE WILL CREATE A SERIOUS SHORTAGE IN 10 THE NUMBER OF PRIMARY CARE AND SPECIALIST PHYSICIANS 11 PARTICIPATING IN THE MEDICAL ASSISTANCE PROGRAM; AND 12 WHEREAS, THE RENDELL ADMINISTRATION'S DEPARTMENT OF PUBLIC 13 WELFARE, ALONG WITH ITS FEE-FOR-SERVICE CONTRACTOR, WILL BE 14 UNABLE TO CONDUCT THE ESSENTIAL OUTREACH EFFORTS NEEDED TO 15 CREATE A COMPREHENSIVE AND COHESIVE NETWORK OF SPECIFICALLY 16 SELECTED PRIMARY CARE PHYSICIANS, SPECIALISTS AND OTHER 17 PROVIDERS TO SERVE THE MEDICAL ASSISTANCE POPULATION; AND 18 WHEREAS, WHILE THIS EXTENSIVE OUTREACH EFFORT IS BEING 19 DEVELOPED, MEDICAL ASSISTANCE CONSUMERS WILL NOT HAVE ACCESS TO 20 NECESSARY HEALTH CARE; AND 21 WHEREAS, THIS MOVE FROM VOLUNTARY MANAGED CARE CHOICE TO A 22 MANDATED FEE-FOR-SERVICE SYSTEM WILL DISRUPT LONG-ESTABLISHED 23 PATIENT-PHYSICIAN RELATIONSHIPS AND COORDINATION WITH 24 PROFESSIONAL HEALTH STAFF, INCLUDING DISEASE MANAGERS AND 25 COMMUNITY PHARMACIES; AND 26 WHEREAS, THIS MOVE FROM A VOLUNTARY MANAGED CARE CHOICE TO A 27 MANDATED FEE-FOR-SERVICE SYSTEM WILL EXACERBATE THE MEDICAL 28 PROBLEMS OF THIS VULNERABLE POPULATION, THEREBY INCREASING 29 FUTURE FISCAL IMPACT RELATING TO UNMET NEEDS; AND 30 WHEREAS, THIS MOVE FROM A VOLUNTARY MANAGED CARE CHOICE TO A 20070H0242R1532 - 6 -
1 MANDATED FEE-FOR-SERVICE SYSTEM WILL IRREPARABLY HARM MEDICAL 2 ASSISTANCE CONSUMERS OF THIS COMMONWEALTH WHO PARTICIPATE IN THE 3 MANAGED CARE SYSTEM; AND 4 WHEREAS, THE LOSS OF PHARMACY SERVICES PROVIDED UNDER MANAGED 5 CARE WILL DISRUPT THE PROVISION OF INTEGRATED AND COORDINATED 6 CARE FOR 1 MILLION MEDICAL ASSISTANCE CONSUMERS AND CAUSE 7 UNACCEPTABLE RISKS TO THEIR HEALTH AND WELL-BEING; AND 8 WHEREAS, THE HASTY AND ILL-CONSIDERED MOVE FROM A VOLUNTARY 9 MANAGED CARE SYSTEM TO A MANDATED FEE-FOR-SERVICE SYSTEM WILL 10 CAUSE A BREAKDOWN IN THE CONTINUITY OF CARE, CREATE EXTREME 11 CONFUSION FOR MEDICAL ASSISTANCE CONSUMERS ACROSS THIS 12 COMMONWEALTH AND ENDANGER HEALTH CARE MANAGEMENT AMONG THOSE 13 CONSUMERS, ESPECIALLY CONSUMERS WITH CHRONIC DISEASES AND 14 SPECIAL NEEDS; AND 15 WHEREAS, THE RENDELL ADMINISTRATION AND ITS DEPARTMENT OF 16 PUBLIC WELFARE HAVE NOT DEMONSTRATED THE NEED TO FRAGMENT THE 17 CURRENT MANAGED HEALTH CARE SYSTEM WHICH HAS DEMONSTRATED A 18 MEASURABLE RECORD OF SUCCESS, BOTH IN TERMS OF PATIENT CARE 19 MANAGEMENT AND THE CONTROL OF SPIRALING HEALTH CARE COSTS; AND 20 WHEREAS, ACCESS PLUS IS UNTESTED AND UNPROVEN IN ACHIEVING 21 THE DUAL OBJECTIVES OF QUALITY HEALTH CARE THROUGH RESPONSIBLE 22 PATIENT CARE MANAGEMENT AND SUSTAINED REDUCTION OF HEALTH CARE 23 COSTS, AND THE PROVISION OF PHARMACY SERVICES ON A FEE-FOR- 24 SERVICE BASIS HAS BEEN SHOWN TO RESULT IN CARE AND MEDICAL 25 OUTCOMES INFERIOR TO THOSE IN AN INTEGRATED MANAGED CARE SYSTEM; 26 THEREFORE BE IT 27 RESOLVED, THAT THE HOUSE OF REPRESENTATIVES URGE THE RENDELL 28 ADMINISTRATION AND THE SECRETARY OF PUBLIC WELFARE TO CEASE AND 29 DESIST IN ISSUING NOTICES AND FURTHERING THIS HARMFUL AND 30 DELETERIOUS MOVE FROM A VOLUNTARY MANAGED CARE CHOICE TO A 20070H0242R1532 - 7 -
1 MANDATED FEE-FOR-SERVICE SYSTEM FOR THE 71,000 AFFECTED MEDICAL 2 ASSISTANCE CONSUMERS; AND BE IT FURTHER 3 RESOLVED, THAT THE RENDELL ADMINISTRATION AND ITS DEPARTMENT 4 OF PUBLIC WELFARE CONTINUE PROVIDING MEDICAL ASSISTANCE HEALTH 5 CARE THROUGH THE ESTABLISHED VOLUNTARY MANAGED CARE SYSTEM AND 6 CONTINUE PROVIDING PHARMACY SERVICES FOR MEDICAL ASSISTANCE 7 CONSUMERS IN A MANAGED CARE ENVIRONMENT UNTIL A COMPREHENSIVE 8 STUDY AND REVIEW OF THE CHANGE TO A MANDATED ACCESS PLUS PROGRAM 9 FOR PERSONS NOW COVERED UNDER THE VOLUNTARY MANAGED CARE AND USE 10 OF A FEE-FOR-SERVICE PHARMACY SYSTEM FOR MEDICAL ASSISTANCE 11 CONSUMERS IS COMPLETED AND FULL INPUT IS OBTAINED FROM AFFECTED 12 CONSUMERS AND HEALTH CARE PROVIDERS AND UNTIL THERE IS 13 OPPORTUNITY FOR PUBLIC COMMENT AND LEGISLATIVE CONSIDERATION SO 14 THAT A THOROUGH ANALYSIS IS DONE AND ACCOUNTABILITY MEASURES ARE 15 ESTABLISHED BEFORE SUCH A PRECIPITOUS ACTION IS UNALTERABLY 16 IMPLEMENTED; AND BE IT FURTHER 17 RESOLVED, THAT COPIES OF THIS RESOLUTION BE TRANSMITTED TO 18 THE GOVERNOR AND TO THE SECRETARY OF PUBLIC WELFARE. D9L82SFL/20070H0242R1532 - 8 -