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        PRIOR PRINTER'S NO. 1367                      PRINTER'S NO. 1532

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

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.








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