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PRINTER'S NO. 299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
322
Session of
2019
INTRODUCED BY MARTIN, SCARNATI, MENSCH, AUMENT, STEFANO AND
ALLOWAY, FEBRUARY 22, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 22, 2019
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
providing for total population Medicaid Decision System
health initiative.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 411.1. Total Population Medicaid Decision System
Health Initiative .--(a) The department shall issue a request
for proposals for a total population Medicaid Decision System
pilot program in one Medicaid managed care region of this
Commonwealth that incorporates electronic evidence-based
medicine into physical and behavioral health decisions
concerning a medical assistance recipient and provides the
department with utilization patterns, oversight, utilization
trend analysis and health care cost evaluations through a data
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analytic system. Medical assistance recipients within the region
will be randomly divided by household into an active pilot group
and a control group. The purpose of the health initiative is to
increase the use of appropriate primary and preventive care by
medical assistance recipients while decreasing unnecessary
utilization of services, including specialty care and hospital
emergency department services, in addition to providing the
department with timely operational and strategic reporting. The
following apply:
(1) All medical assistance recipients in the selected
Medicaid managed care region who are randomized into the active
pilot group will have access to the health initiative.
(2) The department shall define the Medicaid Decision System
services to be provided by the health initiative. The health
initiative shall, at a minimum:
(i) Provide all medical assistance recipients in the
Medicaid managed care region with access to resources to enhance
medical assistance recipient participation and promote
continuing engagement with a decision support service, including
access provided through a single telephone access point and a
private portal specific to each medical assistance recipient.
(ii) Support existing State resources available to medical
assistance recipients in the selected Medicaid managed care
region by providing health management services as needed.
(iii) Coordinate efforts with existing and future providers,
contractors, services and agencies.
(iv) Utilize technology to provide an advanced electronic
information and evidence-based medical system to guide and
support medical assistance recipients and physicians in the
selected Medicaid managed care region to improve health care
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decisions and health outcomes.
(v) Report analytic, utilization, cost savings and claim
validation information to the department annually or at more
frequent predetermined intervals via transmitted reports and an
administrative web portal for department-approved personnel.
(3) The department shall enter into a contract with one
offeror within ninety days of the effective date of this section
and require that the annual savings to the Commonwealth
resulting from the use of the health initiative exceed the cost
of the health initiative. The secretary shall forward notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin of the date the contract is awarded to the
offeror.
(4) The offeror shall be independent and not be a health
plan, pharmaceutical manufacturer, pharmacy or pharmaceutical
distribution entity, hospital, clinic or managed care
organization, nor wholly owned by or a subsidiary of any.
(5) The department shall require the offeror provide data
analytics to verify the effectiveness of the health initiative.
To measure the effectiveness of the health initiative, the
offeror is required to report on and process one hundred percent
of the claims in both the active pilot group and the control
group. The data analytic system must include:
(i) Ad hoc reporting that identifies the health care costs
and utilization of services for the active pilot group.
(ii) Ad hoc reporting that compares total costs and service
utilization between the active pilot group and the control
group.
(iii) Ad hoc reporting that compares total costs and service
utilization of the active pilot group during the time period of
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the health initiative and the base years prior to the health
initiative.
(6) The department shall require all medical,
pharmaceutical, dental, transportation and PCS claims and
encounter data be made available to the offeror for all medical
assistance recipients no less than once a month. Claim and
encounter data include all elements and concepts included in
ANSI ASC X12 837 v5010 standards. The department shall require
that the offeror operate and maintain processes to support the
collection, extraction, translation, loading and maintenance of
required information, data and reports.
(7) The offeror shall define Commonwealth-approved data
validation rules for each data source to identify errors and to
ensure the quality and integrity of the data from each data
source. The offeror shall propose and use methods and standards,
as approved by the State, to confirm that data submissions from
each data source reasonably represent expected utilization for
each medical assistance recipient.
(8) All of the offeror's information, data and reports must
be maintained in compliance with the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191,
110 Stat. 1936) or the Health Information Technology for
Economic and Clinical Health Act (Public Law 111-5, 123 Stat.
226-279 and 467-496), including protecting the storage of,
access to and dissemination of protected health information.
(9) Offeror bears all financial risk for executing the
health initiative. No administrative or service fee may be paid
to the offeror during the initial six months of the health
initiative.
(10) The department may cancel the contract with no further
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obligation at the end of the first six months of the contract if
no evidence of savings is reported. If savings are reported, the
department shall retroactively pay the offeror a data management
service fee of one dollar ($1) per member per month for the
execution of all data processing, collection, validation and
analysis, and shall continue the health initiative for an
additional six months and pay the offeror an amount equal to one
half the customary per member per month fee, in addition to the
one dollar ($1) data management fee for the subsequent six
months if the savings exceed the cost of service. The customary
per member per month fee is not to exceed five dollars ($5) per
member per month.
(b) The department and offeror shall issue a report at the
end of the first six months and at the end of the subsequent six
months if the contract is extended to the chairperson and
minority chairperson of the Health and Human Services Committee
of the Senate and the chairperson and minority chairperson of
the Health Committee of the House of Representatives. The report
shall detail outcomes of the health initiative, including:
(1) Analytic and utilization information.
(2) Cost savings realized by the Commonwealth for the active
pilot group as compared to the control group and against the
base years for the active pilot group.
(3) Recommendations by the department regarding expansion of
the health initiative should the financial performance warrant
expansion.
(c) At the conclusion of the contract, the department may
expand the health initiative if the following conditions are
met:
(1) The department determines that the expansion is expected
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to reduce spending without reducing the quality of care or
improve the quality of care without increasing spending.
(2) Actuarial analysis certifies that the expansion will
reduce or not increase net program spending.
(3) The department determines that the expansion will not
deny or limit coverage or benefits to medical assistance
recipients.
(d) As used in this section, the term "health initiative"
means the total population Medicaid Decision System pilot
program.
Section 2. This act shall take effect in 60 days.
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