Medicare Advantage

Congressional research reportMar 3, 2009

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Prepared for Members and Committees of Congress

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Medicare Advantage (MA) is an alternative way for Medicare beneficiaries to receive covered

benefits. Under MA, private health plans are paid a per-person amount to provide all Medicarecovered benefits (except hospice) to beneficiaries who enroll in their plan. Eligible individuals

may enroll in an MA plan, if one is available in their area. As of January 2009, all Medicare

beneficiaries had access to an MA plan and 23% of beneficiaries enrolled in one. Private plans

may use different techniques to influence the medical care used by enrollees. Some plans, such as

health maintenance organizations (HMOs) may require enrollees to receive care from a restricted

network of medical providers; enrollees may be required to see a primary care physician who will

coordinate their care and refer them to specialists as necessary. Other types of private plans, such

as private fee-for-service (PFFS) plans, may look more like original Medicare, with fewer

restrictions on the providers an enrollee can see and minimal coordination of care.

In general, Medicare Advantage plans offer additional benefits or require smaller co-payments or

deductibles than original Medicare. Sometimes beneficiaries pay for these additional benefits

through a higher monthly premium, but sometimes they are financed through plan savings. The

extent of extra benefits and reduced cost sharing vary by plan type and geography, creating an

inequity that can frustrate some beneficiaries. However, Medicare Advantage plans are seen by

some as an attractive alternative to more expensive supplemental insurance policies found in the

private market.

Though plans that manage their enrollees’ care have the potential to be less expensive than

original Medicare, recent analyses by the Medicare Payment Advisory Commission (MEDPAC)

find that Medicare is projected to pay private plans an average of 14% more per beneficiary in

2009 than it does for beneficiaries in the original Medicare program. While some support the

higher Medicare expenditures for MA enrollees because funds are used to provide reduced cost

sharing or additional benefits, others support paying private plans no more than the cost of

covered benefits under the original Medicare program, which may result in less generous MA

benefit packages, or reduced access to MA plans. With competing health expenditure priorities,

Congress is likely to examine the MA program.

Congress may consider additional issues. First, the Comparative Cost Adjustment (CCA)

Program is slated to start in 2010. CCA is designed to test direct competition between MA and

original Medicare. As such, the Part B premiums of beneficiaries in original Medicare may be

increased or decreased depending on the efficiency of original Medicare relative to MA plans in

the area. Second, recent studies show that profits in 2005 and 2006 for MA plans were, on

average, higher than estimated because of underestimates in medical spending. If plans had more

accurately estimated future medical spending, they could have offered more generous benefit

packages without reducing their profits, though some variability in the accuracy of estimates may

be expected. Third, marketing behaviors of MA plans and their agents or brokers were a concern

in the 110th Congress; it is unclear whether they will continue to be an issue in the 111th Congress.

The Congressional Budget Office (CBO) March 2008 projection of Medicare payments under

Medicare Advantage is $112.8 billion in 2009 for coverage of 11.0 million enrollees, increasing

to $221.2 billion in 2018 for 16.6 billion enrollees. This report is an overview of the Medicare

Advantage program, and includes legislative history and analysis of recent trends. It will be

updated to reflect significant changes to the program.

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Introduction ..................................................................................................................................... 1

Background ..................................................................................................................................... 1

Current Payment System ................................................................................................................. 4

Trends in Availability and Enrollment............................................................................................. 6

Plan Type and Enrollment ......................................................................................................... 8

Coordinated Care Plans (CCP) ........................................................................................... 8

Health Maintenance Organizations (HMOs) ...................................................................... 9

Preferred Provider Organizations (PPOs) ........................................................................... 9

Provider Sponsored Organization (PSO) .......................................................................... 10

Specialized Plans for Special Needs Individuals (SNPs).................................................. 10

Private Fee for Service plans (PFFS)................................................................................ 10

Reasonable Cost Plans (COST) .........................................................................................11

Medical Savings Accounts (MSA).....................................................................................11

Health Care Prepayment Plans (HCPP) .............................................................................11

Availability by Contract Type ..................................................................................................11

Enrollment Patterns in Urban and Rural Locations................................................................. 13

Regional and Geographic Variation in Enrollment ................................................................. 14

Rules for Eligibility and Enrollment ............................................................................................. 16

Eligibility ................................................................................................................................ 16

Residency Requirements......................................................................................................... 16

Enrollment Periods.................................................................................................................. 16

Special Election Periods.......................................................................................................... 17

Supplemental Benefits................................................................................................................... 17

Premiums....................................................................................................................................... 18

Coverage for Prescription Drugs ................................................................................................... 19

Beneficiary Protections ................................................................................................................. 20

Enrollment............................................................................................................................... 20

Access to Providers ................................................................................................................. 20

Access to Benefits ................................................................................................................... 21

Beneficiary Financial Liability Protections............................................................................. 21

Quality Standards .................................................................................................................... 21

Consumer Disclosure Requirements ....................................................................................... 22

Marketing Requirements......................................................................................................... 22

Grievance and Appeals............................................................................................................ 23

Program Standards and Contract Requirements............................................................................ 23

Minimum Enrollment Standards ............................................................................................. 23

Organizational and Financial Requirements ........................................................................... 24

Provider Protections and Requirements .................................................................................. 24

Protections Against Fraud ....................................................................................................... 24

Prompt Payment Requirements............................................................................................... 24

Contract Terminations and Sanctions...................................................................................... 25

Issues for Congress........................................................................................................................ 25

Per Beneficiary Expenditure Differences Between MA and Original Medicare..................... 25

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Medical Expenditures and Profits ........................................................................................... 27

Comparative Cost Adjustment in 2010 ................................................................................... 28

Marketing ................................................................................................................................ 28

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Figure 1. Number of Coordinated Care and PFFS Contracts in Medicare Part C........................... 7

Figure 2. Percentage of Beneficiaries Enrolled in Medicare Private Plans, Actual

and Projected ................................................................................................................................ 8

Figure 3. Percentage of MA Enrollment, by Plan Type, 2008......................................................... 9

Figure 4. Concentration of Medicare Beneficiaries (2007), Medicare Advantage Enrollees

(2007), and Medicare+Choice Enrollees (2003) in Urban and Rural Locations........................ 13

Figure 5. Percentage of Medicare Beneficiaries Enrolled in Medicare Advantage, by

State, January 2008..................................................................................................................... 15

Figure 6. Percentage of M+C and MA Enrollees Offered Benefits Beyond Traditional

Medicare Covered Services, in the Lowest Premium Package Available, 1999, 2002,

and 2005. .................................................................................................................................... 18

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Table 1. Changes in Access to Coordinated Care Plans, Private Fee-for-Service Plans, and

Both, by Proportion of Counties and Beneficiaries.................................................................... 12

Table 2. Shares of Medicare+Choice and Medicare Advantage Enrollment and Medicare

Population Residing in Four States ............................................................................................ 15

Table 3. Changes in Access to or Coverage Under a Medicare+Choice or Medicare

Advantage Coordinated Care Plan with a Zero Premium, 1999 to 2006. .................................. 19

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Appendix. Legislative History, 1997 to 2008................................................................................ 30

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Author Contact Information .......................................................................................................... 36

Acknowledgments ......................................................................................................................... 36

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Medicare Advantage (MA) is an alternative way for Medicare beneficiaries to receive covered

benefits. Under MA, private health plans are paid a per-person amount to provide all Medicare

covered benefits (except hospice) to beneficiaries who enroll in their plan. Eligible individuals

may enroll in an MA plan, if one is available in their area. As of January 2009, all Medicare

beneficiaries had access to an MA plan and 23% of beneficiaries enrolled in one. Private plans

may use different techniques to influence the medical care used by enrollees. Some plans, such as

health maintenance organizations (HMOs) may require enrollees to receive care from a restricted

network of medical providers; enrollees may be required to see a primary care physician who will

coordinate their care and refer them to specialists as necessary. Other types of private plans, such

as private fee-for-service (PFFS) plans, may look more like original Medicare, with fewer

restrictions on the providers an enrollee can see and minimal coordination of care.

In general, Medicare Advantage plans offer additional benefits or require smaller co-payments or

deductibles than original Medicare. Sometimes beneficiaries pay for these additional benefits

through a higher monthly premium, but sometimes they are financed through plan savings. The

extent of extra benefits and reduced cost sharing vary by plan type and geography, creating an

inequity that can frustrate some beneficiaries. However, Medicare Advantage plans are seen by

some as an attractive alternative to more expensive supplemental insurance policies found in the

private market.

The 111th Congress may examine several aspects of the MA program. First, Medicare is projected

to pay MA plans more per beneficiary than it does for beneficiaries in original Medicare—an

effect of a payment formula designed to encourage plan participation. Though a portion of the

higher expenditure results in extra benefits and reduced cost sharing for some enrollees, some

argue that private plans should not be paid more than the cost of original Medicare. Second,

starting in 2010, the Comparative Cost Adjustment (CCA) Program will test direct competition

between MA and original Medicare in selected areas. As such, the Part B premiums of

beneficiaries in original Medicare may be increased or decreased depending on the efficiency of

original Medicare relative to MA plans in the area. Third, recent studies show that profits in 2005

and 2006 for MA plans were, on average, higher than estimated because of underestimates in

medical spending. If plans had more accurately estimated medical spending, they could have

offered more generous benefit packages without reducing their profits, though some variability in

the accuracy of estimates may be expected. Finally, marketing behaviors of MA plans and their

agents or brokers were a concern in the 110th Congress; it is unclear whether they will continue to

be an issue in the 111th. All of these issues are discussed in more detail in the “Issues for

Congress” section at the end of this report.

The Congressional Budget Office (CBO) March 2008 projection of Medicare payments under

Part C is $112.8 billion in 2009 for coverage of 11.0 million enrollees, increasing to $221.2

billion in 2018 for 16.6 billion enrollees.

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Medicare has a long-standing history of offering its beneficiaries health insurance coverage

through private plans. Beginning in the 1970s, private health plans were allowed to contract with

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Medicare on a cost-reimbursement basis. Under a cost contract, plans are reimbursed for the

actual costs of delivering health care services. In 1982, Congress passed the Tax Equity and Fiscal

Responsibility Act (TEFRA, P.L. 97-248), which created the first Medicare risk contracting

program. Under a risk contract, participating health plans are paid a fixed monthly payment per

enrollee to furnish all Part A and B Medicare-covered services (except hospice) to beneficiaries.

This is in contrast to the original fee-for-service (FFS) Medicare, where Medicare pays providers

directly for each item or service delivered.

With the passage of TEFRA, payments to private health plans were set at 95% of the cost of

providing Medicare benefits in the original FFS program. FFS costs were measured by units

called Average Adjusted Per Capita Costs (AAPCCs). By 1997, 15 years after the start of the risk

contract program, Medicare private plans covered more than 5 million beneficiaries, or about

14% of beneficiaries. However, despite its lengthy tenure as the basis for private plan payment,

the calculation of AAPCCs was criticized for a number of reasons. Principal among these was

that payments fluctuated from year to year and varied widely across the country. In an attempt to

remedy this problem, Congress, in the Balanced Budget Act of 1997 (BBA, P.L. 105-33),

replaced Medicare’s risk contract program with the Medicare+Choice (M+C) program. The BBA

substantially restructured the system for setting Medicare payment rates to private plans. By

establishing a new payment methodology, Congress hoped to reduce Medicare spending, expand

access to managed care options, and decrease variation in payment rates across the country.

Under the M+C program, the per capita rate for a payment area was set at the highest of three

amounts calculated for each county:

•

a blended rate, which was a blend of an area-specific (local) rate and a national

rate;

•

a minimum payment (or floor) rate; or

•

a rate reflecting a minimum increase from the previous year’s rate.

The blended per capita rate was intended to shift payment amounts away from local (generally

county) rates, which reflect the wide variations in fee-for-service costs, toward a national average

rate. The floor rate was designed to raise payments in certain counties more quickly than would

occur through the blend alone; the minimum increase percentage was to protect counties that

would otherwise receive only a small increase (if any). This formula was subject to a budget

neutrality provision to keep expenditures from exceeding expected expenditures in the absence of

the new formula.

Although the intent of the BBA was to increase access to private plans, particularly in markets

where availability was limited or non-existent, the program did not work as well as intended. The

goal of controlling Medicare spending may have dampened the interest of private plans to

develop new markets and add plan options. Their cautious behavior may have been a reaction to a

slowdown in the rate of increase in payments. Among plans, there was also a great deal of

uncertainty about the future of the M+C program and the stability of payments to sustain the

program. Between 1999 and 2003, private plans left the program or reduced their service areas,

affecting thousands of enrollees each year. Some enrollees were able to switch to other private

Medicare plans, while others had no M+C plans available to them. Despite a small surge in

enrollment initially, the percentage of beneficiaries enrolled in M+C dropped from 17% in 1999

to approximately 12% in 2003. To address the decreased plan participation, the 106th Congress

inserted provisions in the Balanced Budget Refinement Act of 1999 (BBRA, P.L. 106-113) and

the Medicare, Medicaid, and SCHIP Benefits, Improvements, and Protection Act of 2000 (BIPA,

P.L. 106-554) to increase reimbursement to M+C plans.

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In 2003, Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act

of 2003 (MMA, P.L. 108-173), which made substantial changes to Medicare’s private plan option.

In creating Medicare Advantage (MA) to replace the M+C program, the MMA established an

entirely new payment methodology to pay private plans. Under the new payment system,

Medicare continues to pay plans a fixed monthly amount per enrollee, but these monthly

payments are determined, at least in part, by competitive bidding. In addition, Congress increased

payments to plans and introduced regional Preferred Provider Organizations—a popular option in

the private health insurance market. Finally, the MMA created a new benefit package for

Medicare enrollees: beginning in 2006, beneficiaries have been able to enroll in a Medicare Part

D prescription drug plan whether they are in original Medicare or Medicare Advantage. In

general, a beneficiary who wants to enroll in an MA plan and receive Part D prescription drug

coverage must enroll in an MA-PD plan—an MA plan that includes the Part D coverage. A

beneficiary who wants to remain in original Medicare may only enroll in Part D through a

Prescription Drug Plan (PDP).

Today Medicare beneficiaries can choose to enroll in several different types of private plans.

These include coordinated care plans, also known as managed care plans, such as health

maintenance organizations (HMOs), preferred provider organizations (PPOs), and provider

sponsored organizations (PSOs) as well as plans that do not manage or coordinate the health care

of enrollees, such as private fee-for-service organizations (PFFS) and medical savings accounts

(MSA). Certain other plan types operate under exceptions or demonstration authority and may or

may not manage care. Not all types are available in all locations.

Prior to the passage of MMA, enrollment in private plans fluctuated. Since the passage of the

MMA, overall enrollment in private plans has been steadily increasing. In 2009, approximately

10.4 million, or 23%, of Medicare beneficiaries are enrolled in a MA plan, and all Medicare

beneficiaries have access to at least one private plan. Despite these successes, reforming the

payment methodology for private plans remains a key issue among policymakers. According to

the Medicare Payment Advisory Commission (MEDPAC), Medicare is expected to pay private

plans an average of 14% more per beneficiary in 2009 than it does for beneficiaries enrolled in

the original Medicare program.1 A comparable analysis for 2008 showed that Medicare was

expected to pay private plans an average of 13% more per beneficiary in 2008 than it did for

beneficiaries enrolled in original Medicare.2 Based on the 2008 analysis, the greater expected

payments to plans relative to spending in original Medicare varies by plan type; payments to

HMOs are approximately 112% of original Medicare, while payments to PFFS plans are 117% of

original Medicare. Since MA payments are based, in part, on historical payment rates, this 13%

difference is linked to the 1997 BBA legislation, which created payment floors to attract private

plans to certain counties, particularly rural counties. These floors, which exceeded FFS spending

levels in many areas, continue to be used in the calculation of MA payment rates today. MA plans

use these payments to provide extra benefits to enrollees, but the value of these benefits vary

across plan types and across counties. In addition, these higher payments have attracted private

plans to areas previously underserved by Medicare private plans, and beneficiaries today have

more private plans to choose from than they did 10 years ago.

1

http://www.medpac.gov/transcripts/MIPPA_MA0109.pdf.

Medicare Payment Advisory Commission (MEDPAC), Report to Congress: Medicare Payment Policy, Chapter 3,

Medicare Advantage, March 2008, p. 247, http://www.medpac.gov/chapters/Mar08_Ch03.pdf.

2

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Beginning in 2006, the Secretary began determining MA payment rates by comparing plan bids to

a benchmark. By the first week of June each year, plans are required to submit their bids for all

MA plans they intend to offer in the upcoming year. Each bid represents the plan’s estimated

revenue requirement for providing required Parts A and B Medicare services to an average

Medicare beneficiary. The revenue requirement includes the estimated cost of providing required

health care, plus administrative costs and a return on investment. After plans submit their bids, the

Secretary has, with one exception, the authority to negotiate the bid amount, similar to the

authority of the Director of the Office of Personnel Management (OPM) with respect to the

Federal Employees Health Benefits program. The Secretary’s authority to negotiate bids does not

extend to bids submitted by Private Fee for Service (PFFS)3 organizations. The Secretary then

compares each plan’s bid to a benchmark. The benchmark amounts represent the maximum

amount the federal government will pay a plan for providing required Medicare benefits. If a

plan’s bid is less than the benchmark, its payment equals its bid plus a rebate of 75% of the

difference between the benchmark and the bid. The rebate must be used to provide additional

benefits to enrollees, reduce Medicare cost sharing expenses, or reduce a beneficiary’s monthly

Part B, prescription drug, or supplemental premium (for services beyond required Medicare

benefits). The remaining 25% of the difference is retained by the federal government. If a plan’s

bid is equal to or above the benchmark, its payment is equal to the benchmark amount, and each

enrollee in that plan will pay an additional premium equal to the amount by which the bid

exceeds the benchmark. Any MA plan that provides Part D prescription drug coverage receives

reimbursement for premiums and cost-sharing reductions for its qualifying low-income enrollees.

Additional payments may be available to certain types of plans in specific areas, or for enrollment

of certain beneficiaries. The MMA increased payments to MA regional plans in three ways. First,

the MMA established a regional plan stabilization fund to encourage plans to serve at least one

entire region or even all regions, and to encourage plans to stay in regions they might otherwise

leave. Originally, $10 billion was to be made available to this fund for years 2007 through 2013,

with additional money entering the fund from savings in the regional plan bidding process.

However, subsequent legislation reduced the initial $10 billion to one dollar. Money from the

regional plan bidding process continues to flow into the fund and will be available for distribution

in 2014. Second, the MMA allows the Secretary to provide an increased payment in special

circumstances for certain hospitals that provide inpatient hospital services to MA regional plan

enrollees. Third, Medicare shared risk with MA regional plans in 2006 and 2007. If a plan’s costs

fell outside of a specified range or “risk corridor,” plans assumed only a portion of the risk for

unexpectedly high costs and plans were required to return a portion of the savings to Medicare for

unexpectedly low costs.

In general, the MA benchmarks in each local area (county) are updated annually by a minimum

increase over the previous year’s rate. The minimum increase is set at the larger of either 2% or

the overall growth in Medicare expenditures, otherwise known as the National MA Growth

Percentage, subject to a budget neutrality adjustment. In certain years (known as rebasing years),

3

Private fee for service plans (PFFS) are one type of private plan that may participate in the Medicare Advantage

program. PFFS plans are defined as those that (1) reimburse providers on a fee-for-service basis without placing

providers at a financial risk, (2) do not vary rates for a provider based on utilization related to that provider, and (3) do

not restrict the selection of providers among those who are lawfully authorized to provide services and agree to the

plan’s terms and conditions of participation.

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plan payments are updated by the greater of the minimum increase or 100% of fee-for-service

(FFS) costs, with adjustments. Statutorily required adjustments to the 100% of FFS amount

include (1) exclusion of the direct cost of medical education, (2) phase-out of the indirect cost of

medical education, and (3) adjustment to reflect the additional per capita payments that would

have been made in the area if individuals entitled to benefits under Medicare had not received

services from the Department of Defense or the Department of Veterans Affairs. (As of CY2009,

CMS had been unable to make the third of these adjustments.) According to statute, the Secretary

is required to rebase FFS costs at least once every three years. However, CMS has chosen to

rebase more frequently. The Secretary opted to rebase FFS rates for 2007 and 2009, but not 2008.

In rebasing years, all benchmarks are either equal to or greater than the estimated adjusted

average spending in original Medicare in that county. In a non-rebasing year, it is possible for

spending in original Medicare in a county to exceed the benchmark amount. But in general,

benchmarks are set at or above spending in original Medicare. According to MEDPAC,

benchmarks are, on average, 18% greater than expected spending in original Medicare.4 The

National MA Growth Percentage rate (prior to the budget neutrality adjustment discussed below)

is 5.7% in 2008 and 4.2% in 2009.

The benchmark is calculated differently for local MA plans than for regional MA plans. The local

benchmark is based solely on statutorily or administratively defined increases. The regional

benchmark is competitive in that the benchmark consists of two components: a statutorily

determined increase and a weighted average of plan bids. The latter component introduces a new

form of competition among regional plans, by basing a portion of the benchmark amount on bids

submitted by the plans.

After determining the annual update, the Secretary adjusts payments for the health status of

enrollees and for budget neutrality. To adjust for health status, the Secretary calculates a risk score

for each enrollee based on the beneficiary’s previous health care utilization. (This is known as

risk adjustment.) Previously, payments to managed care plans were adjusted for a combination of

demographic factors such as age, gender, and institutional status. In 1999, Congress urged the

Secretary to implement a more clinically based risk adjustment methodology to supplement the

existing demographic adjustment factors. It was fully phased in by 2007. The methodology was to

be implemented without reducing overall payments to managed care plans. Typically, risk

adjustment would have the effect of lowering payments to plans enrolling healthier beneficiaries

and raising payments to plans enrolling sicker beneficiaries. To prevent overall payments to

managed care plans from going down, the Secretary applied a budget neutrality adjustment.

Under budget neutrality, total payments to managed care plans using 100% risk adjusted rates

must be equal to total payments to plans using 100% demographic rates. When Congress passed

the Deficit Reduction Act of 2005, it included a provision mandating the phaseout of this budget

neutrality adjustment by 2011. As a result, the MA benchmark update for 2008 was, on average,

3.5%. The update for 2009 is an average of 3.6% for all areas that did not receive a rebased

amount.

MA plans offering prescription drug coverage receive a separate benchmark payment for Part D

prescription drug benefits. The benchmark for Part D benefits is based on an adjusted average of

all plan bids for the area and is therefore competitively determined.

4

Medicare Payment Advisory Commission (MEDPAC), Report to Congress: Medicare Payment Policy, Chapter 3,

Medicare Advantage, March 2008, p. 247, http://www.medpac.gov/chapters/Mar08_Ch03.pdf.

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Over time, the number of contracts under MA and its predecessors has fluctuated. From 1987 to

the early 1990s, many risk plans terminated existing contracts, decreasing the number of available

contracts from 161 in 1987 to 93 in 1991. The number of Medicare risk plans began increasing

again in 1992, more than tripling from 110 in 1993 to 346 in 1998. With the implementation of

the M+C program in 1999, M+C organizations withdrew from the Medicare program or reduced

the size of their service area. As shown in Figure 1, the number of contracts dropped from a high

of 346 in 1998 to a low of 146 in March 2003. With the passage of the MMA in 2003, the trend

began to reverse. The number of MA contracts more than doubled between 2005 and 2006. This

increase coincides with the start of the Part D prescription drug program and may reflect an

overall increased interest in private plan participation in Medicare at that time. There were 600

MA coordinated care and PFFS contracts in 2008, increasing to 623 in 2009.

Organizations withdrawing from the program or reducing their service area between 1998 and

2004 cited several reasons for leaving the program: inadequate payments, increasing regulatory

burden, and difficulty developing or maintaining provider networks. The withdrawals may have

reflected strategic business decisions that transcended payment issues. Other factors may have

contributed to withdrawals, such as low enrollment and market competition. For each year

between January 1999 and January 2003, from 4% to 15% of M+C enrollees either had to change

plans or leave the program because of plan withdrawals and service area reductions. Some

beneficiaries were required to switch plans multiple times between 1999 and 2003. Of those

beneficiaries that lost their plans, between 7% and 24% lost access to any M+C plan each year.

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Figure 1. Number of Coordinated Care and PFFS Contracts in Medicare Part C

(1985 to 2008)

number of contracts

700

PFFS

Coordinated Care

600

500

400

300

200

100

0

1982

1983

1984

1985 1986

1987 1988

1989

1990

1991 1992

1993

1994

1995

1996

1997

1998 1999

2000 2001

2002

2003

2004 2005

2006 2007

2008

Year

Prepared by the Congressional Research Service based on April CMS Medicare Managed Care

Contract (MMCC) Monthly Reports through 2005, and CMS Medicare Advantage Monthly Summary Reports for

2006 to 2008.

Notes: Medicare managed care contracts include risk contracts through 1998, Medicare+Choice contracts

beginning in 1999, and Medicare Advantage contracts beginning in 2006. This figure does not contain data for

reasonable cost contracts, demonstrations, Health Care Pre Payment (HCPP) plans, PACE plans, Medical Savings

Accounts, employer sponsored plans, or pilot projects.

Source:

Enrollment in Medicare private plans has fluctuated over time. As shown in Figure 2, in 1990

about 3% of Medicare beneficiaries were enrolled in the program, but by 1998 this figure had

increased to 15% of Medicare beneficiaries, covering just over 6 million enrollees. With the

implementation of the M+C program, enrollment increased through 1999, but declined steadily to

a low of 11% (4.7 million enrollees) in 2003 and 2004. Enrollment has since increased each year,

reaching a recent high of 23% in 2009. The 2008 Annual Report of the Board of Trustees projects

further enrollment increases reaching about 27% of all beneficiaries in 2017, covering about 15

million enrollees.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŝȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Figure 2. Percentage

of Beneficiaries Enrolled in Medicare Private Plans, Actual

and Projected

(selected years, 1985 to 2017)

percent of beneficiaries

50%

Projected

Actual

45%

40%

35%

30%

25%

20%

15%

10%

5%

0%

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

Year

Source: Prepared by CRS based on 2008 Annual Report of the Board of Trustees of the Federal Hospital

Insurance and Federal Supplementary Medical Insurance Trust Fund. Enrollment from 2008 to 2015 is estimated.

Notes: Medicare plans include risk plans through 1998, Medicare+Choice plans beginning in 1999, and Medicare

Advantage plans beginning in 2006.

•Š—ȱ¢™ŽȱŠ—ȱ—›˜••–Ž—ȱ

Though a variety of plan types are authorized under Medicare, national enrollment in MA is

concentrated in two types: health maintenance organizations (HMOs), with 67% of enrollment,

and private fee-for-service (PFFS) plans, with 21% of enrollment (Figure 3). All other remaining

plan types make up 13% of enrollment. Characteristics of the different plan types and enrollment

specifics follow.

˜˜›’—ŠŽȱŠ›Žȱ•Š—œȱǻǼȱȱ

Coordinated Care Plans (CCPs) are those plans that have a network of medical providers under

contract to provide approved health care benefits to plan enrollees. CCPs may use mechanisms to

coordinate care or control health care utilization, such as primary care “gatekeepers,” and

financial incentives with plan providers to encourage cost-effective health care. CCPs include the

following specific types of plans: Health Maintenance Organizations (HMOs), Preferred Provider

Organizations (PPOs), and Provider Sponsored Organizations (PSOs). Three-quarters of all MA

enrollees are in a coordinated care plan.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Şȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Figure 3. Percentage of MA Enrollment, by Plan Type, 2008

COST, 3%

HCPP, 1%

MSA, 0%

Demos, 0%

Regional PPO,

3%

PFFS, 21%

PSO, 1%

HMO, 67%

Local PPO, 5%

Source: Prepared by CRS based on CMS data.

Notes: HMOs: health maintenance organizations; Local PPO: local preferred provider organizations; PSO:

provider sponsored organizations; PFFS: private fee-for-service organizations; Regional PPOs: regional preferred

provider organizations; MSA: medical savings accounts; COST: reasonable cost organizations; HCPP: health care

pre-payment organizations; Demos: organizations that operate under CMS demonstration authority. May not

sum to 100% due to rounding.

ŽŠ•‘ȱŠ’—Ž—Š—ŒŽȱ›Š—’£Š’˜—œȱǻ œǼȱ

Health Maintenance Organizations (HMOs) offer services to plan members in designated areas.

Beneficiaries are generally required to obtain services from hospitals and doctors in the plan’s

network. Some plans offer a point-of-service option under which an individual may elect to

obtain services from a non-network provider; in such cases, the individual generally pays a

greater out of pocket cost for out-of-network care. In 2008, approximately 6 million Medicare

beneficiaries (67%) were enrolled in an MA HMO.

›ŽŽ››Žȱ›˜Ÿ’Ž›ȱ›Š—’£Š’˜—œȱǻœǼȱ

A Preferred Provider Organization (PPO) is a plan that has a network of providers; however,

enrollees are not restricted to the providers in the PPO network. Generally, enrollees are required

to pay greater cost sharing when receiving care outside of the PPO network. Two types of PPO

plans are authorized under Medicare: local PPO plans and regional PPO plans. Local PPO plans

may choose their service area, while regional PPO plans must agree to serve one or more regions

designated by the Secretary. There are 26 PPO regions consisting of states or groups of states. In

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

şȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

addition to the service area requirements, the benefit packages for regional PPO plans are

required to have a unified Part A and B deductible and a catastrophic out-of-pocket limit, which

are not required of local PPO plans. In 2008, 5% of all MA enrollees were in a local PPO plan

(approximately 470,000) and 3% of MA enrollees were in a regional PPO plan (approximately

230,000).

›˜Ÿ’Ž›ȱ™˜—œ˜›Žȱ›Š—’£Š’˜—ȱǻǼȱ

A Provider Sponsored Organization (PSO) is a coordinated care plan established or organized by

a group of medical providers in which the providers furnish the majority of the health care and

share in the financial risk of providing the health care to plan enrollees. In 2008, 1% of MA

enrollees were in an MA PSO plan (approximately 54,000).

™ŽŒ’Š•’£Žȱ•Š—œȱ˜›ȱ™ŽŒ’Š•ȱŽŽœȱ —’Ÿ’žŠ•œȱǻœǼȱ

A Specialized Plan for Special Needs Individuals (SNPs) is any MA coordinated care plan that

exclusively enrolls or enrolls a disproportionate percentage of special needs individuals. Special

needs individuals are any MA eligible individuals who are either institutionalized as defined by

the Secretary, eligible for both Medicare and Medicaid, or have a severe or disabling chronic

condition and would benefit from enrollment in a specialized MA plan. Since SNP plans may be

any type of CCP, SNP enrollees are included in the enrollment estimates above. In 2008, 1.1

million Medicare beneficiaries were enrolled in a SNP: 70% were enrolled in a SNP for

beneficiaries eligible for both Medicare and Medicaid, 17% were enrolled in a SNP for

beneficiaries with chronic conditions, and 13% were enrolled in a SNP for institutionalized

Medicare beneficiaries.

›’ŸŠŽȱŽŽȱ˜›ȱŽ›Ÿ’ŒŽȱ™•Š—œȱǻǼȱ

Private Fee for Service plans (PFFS) are plans that (1) reimburse hospitals, physicians, and other

providers on a fee-for-service basis without placing providers at risk; (2) do not vary rates for a

provider based on the utilization relating to that provider; and (3) do not restrict the selection of

providers among those who are lawfully authorized to provide services and agree to accept the

terms and conditions of payment established by the plan. In 2008, 21% of MA participants were

enrolled in a PFFS plan (approximately 1.9 million).

PFFS contracts and enrollment have seen a steeper increase over recent years. First authorized in

the BBA, the first contract was offered in 2000, the second following in 2002. However, between

2004 and 2008, MA PFFS contracts grew from 4 contracts in 2004 to 77 contracts in 2008.

Enrollment in PFFS grew from 31,550 in 2004 to 1.9 million in 2008. Several factors may have

contributed to the recent growth. First, prior to 2011, PFFS contracts are not required to establish

provider networks and are therefore less expensive to establish in non-urban areas. Starting in

2011, PFFS plans sponsored by employers or unions will be required to have contracted provider

networks. All other PFFS plans will be required to establish provider networks in areas where at

least two other network-based plans operate. Second, enrollees can choose to see any provider

willing to accept the terms and conditions specified by the PFFS plan—an attractive feature for

beneficiaries. Third, PFFS plans tend to be paid more than coordinated care plans. Medicare pays

13% more per beneficiary in MA than in original Medicare. This varies by type of MA plan, with

a 12% increase for HMOs and 17% for PFFS. Fourth, PFFS contracts have fewer statutory

requirements, resulting in reduced operation costs. And fifth, employer and union groups have

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŖȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

historically found MA PFFS plans an attractive option for providing retiree coverage, though this

may change with the new network requirements.

ŽŠœ˜—Š‹•Žȱ˜œȱ•Š—œȱǻǼȱ

Reasonable Cost Plans (COST) are private MA plans that are paid on the basis of the reasonable

costs actually incurred to provide Medicare covered benefits to enrollees. Unlike other types of

private plans that participate in Medicare, Cost plans are not “at risk” for the actual cost of

providing care to their enrollees. In 2008, 266,000 beneficiaries were enrolled in a cost plan,

representing 3% of total MA enrollment.

Ž’ŒŠ•ȱŠŸ’—œȱŒŒ˜ž—œȱǻǼȱ

A Medical Savings Account (MSA) under MA is a combination of a health insurance policy with

a high deductible and a savings account for health care expenses. CMS pays premiums for the

insurance policy and makes contributions to the savings account. Beneficiaries use money from

the savings account to pay for their health care before the high deductible of the insurance policy

is met. The maximum deductible is set by law. For 2008, the deductible may not exceed $10,050.

In 2008, slightly more than 1,000 people were enrolled in an MA MSA. They represented less

than 0.01% of MA enrollees.

ŽŠ•‘ȱŠ›Žȱ›Ž™Š¢–Ž—ȱ•Š—œȱǻ Ǽȱ

A Health Care Prepayment Plan (HCPP) is a private plan that covers only physician services. In

2008, 1% of MA enrollees were in an HCPP in 2008.

ŸŠ’•Š‹’•’¢ȱ‹¢ȱ˜—›ŠŒȱ¢™Žȱ

Enrollment in a plan is open only to eligible beneficiaries living in the plan’s service area. Plans

define a service area as a set of counties and county parts, identified at the zip code level. In 2009,

an MA plan is available to every beneficiary in the United States. However, this widespread

availability is a recent event. In the early part of the M+C program, a Medicare private plan was

not available in the majority of counties (Table 1). In 1997, approximately a quarter of counties

had an M+C plan available, increasing to 29% by 1999. (In 1997, 76% of counties were without a

plan, decreasing to 71% in 1999.) In 2000, the first PFFS plan focused primarily on rural and

suburban areas that were less often served by managed care; this greatly increased the proportion

of counties with access to a private plan. Between 2001 and 2003, approximately half of counties

had access to a PFFS plan, but for over 40% of counties, PFFS was the only private option

available. The proportion of counties served by managed care decreased over this period, from

20% of counties in 2001 to 17% of counties in 2003. (In 2001, 10% of all counties were served

by only a coordinated care plan, while 10% of all counties were served by both a managed care

and a PFFS plan, summing to 20%. In 2003, 9% of all counties were served by only a coordinated

care plan, while an additional 8% of counties were served by both a CCP and a PFFS plan,

summing to 17%.) Access to private plans through Medicare has increased substantially since

2004, and now nearly all counties are served by at least one type of private plan, though for half

of all counties, PFFS is the only plan type available as of 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŗȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Medicare beneficiaries, however, are not equally distributed by counties. This occurs because the

population and plans are not distributed equally across counties, but rather they are concentrated

in the more urban counties. In 2007, while half of all counties were served by only PFFS plan

options, the beneficiaries in those counties represented only 17% of all Medicare beneficiaries

(Table 1). The proportion of beneficiaries with access limited to PFFS plan options has remained

stable since 2001 (prior to the MMA) at between 17% and 20%.

Availability can further be examined taking into account the MA plans set up by employers for

their retirees. Though only the retirees of the sponsoring company are eligible to join the plan,

their increased popularity in recent years has provided additional options for this subset of

Medicare beneficiaries. In 2007, taking into account employer sponsored plans, 96% of all

beneficiaries had access to both a coordinated care plan and a private fee for service plan, and 4%

of all beneficiaries had access to only a PFFS plan, though again, not all beneficiaries would be

eligible to enroll in an employer sponsored plan.

Table 1. Changes in Access to Coordinated Care Plans, Private Fee-for-Service Plans,

and Both, by Proportion of Counties and Beneficiaries

(selected years 1997 to 2007)

Both Managed Care

No Existing Plans in

Private Fee-for-Service and Private Fee-forCounty

Only

Service

Managed Care Only

% of

% of

% of

% of

% of

% of

% of

% of

Year counties beneficiaries counties beneficiaries counties beneficiaries counties beneficiaries

1997

1999

2001

2002

2003

2004

2005

2006

2007

76%

71%

37%

38%

37%

31%

4%

1%

0%

NA

NA

18%

21%

21%

16%

2%

1%

0%

24%

29%

10%

10%

9%

13%

4%

3%

0%

NA

NA

43%

43%

42%

42%

21%

18%

0%

0%

0%

43%

44%

46%

44%

53%

54%

50%

NA

NA

18%

18%

20%

19%

18%

19%

17%

0%

0%

10%

8%

8%

12%

39%

42%

50%

NA

NA

21%

18%

17%

23%

58%

62%

82%

Source: MedPAC Computations based on CMS public data for 1997 and 1999; CRS analysis of CMS data for

2003-2003; CMS analysis for 2004-2007.

Notes: NA = not available. The table does not include demonstration plans, cost plans, employer-sponsored

plans, regional MA plans, or plans serving Puerto Rico. Medicare managed care includes risk plans through 1998,

Medicare+Choice plans through 2003, and Medicare Advantage plans starting in 2004. Managed Care includes

the PPO demonstration for 2004 and 2005. Regional MA plans cover 38 or 39 states in 2007, but accounted for

less than 2% of enrollment. To determine access to managed care plans regardless of access to PFFS plans, add

the percentages for “Managed Care Only” and “Both Managed Care and Private Fee-for-Service.” Because of

rounding and data technicalities, 100% access or 0 plans are not absolute numbers and should be taken as

accurate approximations.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŘȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

—›˜••–Ž—ȱŠŽ›—œȱ’—ȱ›‹Š—ȱŠ—ȱž›Š•ȱ˜ŒŠ’˜—œȱ

Patterns of Medicare Part C enrollment are not uniform across urban and rural locales, and have

varied over time as shown in Figure 4. The geographic areas are defined as follows:

•

Central urban—central counties of metropolitan areas of at least

1 million population.

•

Other urban—either fringe counties of metropolitan areas of at least

1 million population or counties of metropolitan areas up to 1 million population.

•

Urban/rural fringe—urban population of at least 2,500 adjacent to a metropolitan

area.

•

Other rural—includes urban population of at least 2,500, not adjacent to a

metropolitan area, and rural areas (defined as places with a population of less

than 2,500).

Figure 4. Concentration of Medicare Beneficiaries (2007), Medicare Advantage

Enrollees (2007), and Medicare+Choice Enrollees (2003) in Urban and

Rural Locations

80%

Medicare+Choice enrollees in 2003

Medicare Advantage enrollees in 2007

Medicare beneficiaries 2007

Urban/Rural Fringe

Other Rural

70%

60%

50%

40%

30%

20%

10%

0%

Central Urban

Other Urban

Source: Prepared by CRS based on CMS data.

In 2003, most M+C enrollees resided in central urban areas; about 69% of the M+C population

lived in a central urban area in 2003. This percentage decreased to 51% in 2007. However, a

smaller proportion, only 39% of all Medicare beneficiaries reside in the central urban areas. (The

urban and rural pattern of beneficiary residence as defined above remained the same from 2003 to

2007.) In all geographic areas, except central urban areas, the percentages enrolled in private

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗřȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

plans are less than the percentage of Medicare beneficiaries overall. (For example, 13% of

Medicare beneficiaries live in the urban/rural fringe areas, but MA enrollees in those areas made

up only 8% of total private plan enrollment in 2007, up from 2% of private plan enrollment in

2003.) This means that a larger proportion of the Medicare population in the central urban areas

choose to enroll in Medicare private plans relative to other geographic areas; conversely, a lower

proportion of beneficiaries choose to enroll in private plans in non-central urban areas, though

that trend is decreasing.

Historically, the high enrollment trend in central urban areas occurred because of a combination

of interrelated factors, such as historic patterns of managed care enrollment in the non-Medicare

market, availability of different plans, and plan benefits. More recently, with greater availability

of private plans in suburban and rural areas, more beneficiaries living in those areas are enrolling

in MA plans; the urban concentration of MA enrollment is decreasing.

ސ’˜—Š•ȱŠ—ȱ Ž˜›Š™‘’ŒȱŠ›’Š’˜—ȱ’—ȱ—›˜••–Ž—ȱ

In addition to rural and urban variations, enrollment patterns also vary on a regional basis, though

not by as much as in previous years. MA enrollment is slightly higher in western and

southwestern states, as shown in Figure 5. Approximately 36% of the beneficiaries in Arizona,

34% of the beneficiaries in California, and 38% of the beneficiaries in Oregon are in MA plans.

The highest levels of enrollment in the eastern states are in Rhode Island (35%), Florida (26%),

Pennsylvania (33%), and New York (25%). Only one state, Alaska, has less than 1% of

beneficiaries enrolled in MA. Seventeen states have enrollment of 10% or less. A total of 34 states

have enrollment of less than the national average of 21%.

MA enrollees are more concentrated geographically than Medicare beneficiaries as a whole,

though this trend has decreased from 2003 to 2008. In 2003, the four states with the highest

percentage of beneficiaries enrolled in Medicare Part C accounted for over half of all enrollment:

California, Florida, Pennsylvania, and New York. These four states accounted for 59% of all

enrollees in 2003, but they are home to only 30 % of all Medicare beneficiaries. In 2007,

enrollment has become slightly less concentrated, with enrollment in those four states accounting

for 41% of all MA enrollment. Table 2 compares the percent of Medicare Part C enrollment to

the percent of the total Medicare population for each of these four states.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŚȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Figure 5. Percentage of Medicare Beneficiaries Enrolled in Medicare Advantage, by

State, January 2008

Source: Prepared by CRS based on data from the Centers for Medicare and Medicaid Services.

Notes: State numbers represent percentages.

Table 2. Shares of Medicare+Choice and Medicare Advantage Enrollment and

Medicare Population Residing in Four States

(January 2003 and 2008)

State

% of Total Medicare

Population

% of Total M+C

Population in 2003

% of Total MA

Enrollment in 2008

10

7

5

7

30

28

12

10

9

59

16

9

8

8

41

California

Florida

Pennsylvania

New York

Total

Source: Prepared by CRS based on data from CMS.

Notes: Numbers may not add due to rounding. Proportion of total Medicare population in each state remained

the same from 2003 to 2008.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗśȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ž•Žœȱ˜›ȱ•’’‹’•’¢ȱŠ—ȱ—›˜••–Ž—ȱ

The MA program includes specific rules regarding eligibility to enroll in a private plan, and when

enrollment can take place. The following is a description of those requirements.

•’’‹’•’¢ȱ

Medicare beneficiaries are eligible to enroll in any MA plan that serves their area, with the

following restrictions: (1) beneficiaries must be entitled to benefits under Part A of Medicare and

enrolled in Part B of Medicare and (2) beneficiaries who qualify for Medicare solely on the basis

of end-stage renal disease (ESRD) may not enroll in an MA plan. Three exceptions apply to

individuals with ESRD: (1) a beneficiary enrolled in an MA plan who later develops ESRD may

continue to remain enrolled in that plan; (2) if a plan terminates its contract or reduces its service

area (for an enrollee this is referred to as an involuntary termination), ESRD enrollees may enroll

in another MA plan; and (3) an individual with ESRD may elect to enroll in an MA SNP as long

as the plan has opted to enroll ESRD individuals. Members of an Employer Group Health Plan

(EGHP) may also elect their employer’s MA plan even if the individual resides outside the MA

plan service area provided the plan meets certain access requirements.

Žœ’Ž—Œ¢ȱŽšž’›Ž–Ž—œȱ

An MA eligible individual may only enroll in an MA plan that serves the geographic area in

which the individual resides, with two exceptions: (1) a plan may allow an individual to remain in

a local plan, even if he or she no longer resides in the service area, so long as the plan provides

reasonable access within that geographic area to the full range of basic benefits, with reasonable

cost sharing, and (2) a local MA organization that eliminates a payment area previously within its

service area may choose to offer enrollees in all or part of the affected area continued enrollment

in the plan, under certain conditions. Local HMOs may determine their own service area,

consisting of counties or equivalent areas. Nothing prevents a local plan from being offered in

more than one MA area.

—›˜••–Ž—ȱŽ›’˜œȱ

In general, MA organizations can enroll Medicare eligible individuals during four enrollment

periods: (1) initial coverage election period, (2) annual election period, (3) open enrollment

period, and (4) special election periods. The initial coverage election period applies to newly

eligible Medicare beneficiaries, who are allowed to enroll in an MA plan up to three months prior

to their Medicare entitlement date. During the annual coordinated election period (November 15December 31), all MA eligible beneficiaries can enroll or disenroll from any MA plan, or switch

from original Medicare to MA, or MA to original Medicare. Changes in elections are made

during the open enrollment period. The open enrollment period allows individuals to make one

change during the first three months of the year. Beneficiaries in original Medicare can enroll in

an MA plan, and individuals enrolled in an MA plan can either switch to a different MA plan or

return to original Medicare. However, during the three-month open enrollment period,

beneficiaries cannot change their drug coverage. For example, an individual enrolled in a MA-PD

plan can elect only to enroll in another MA-PD plan. Similarly, an individual enrolled in original

Medicare and a stand-alone PDP can change only to an MA-PD plan. The reverse is true as well.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŜȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Individuals enrolled in original Medicare without drug coverage can enroll only in MA plans that

do not offer drug coverage. Eligible beneficiaries who are institutionalized may change their

election any time during the year.

™ŽŒ’Š•ȱ•ŽŒ’˜—ȱŽ›’˜œȱ ȱ

Outside the annual coordinated election period and open election period, beneficiaries can change

their enrollment status only under special circumstances, called Special Election Periods (SEPs).

The Secretary has created SEPs for the following instances: (1) when the organization has

terminated its contract or discontinued offering its plan in the resident’s service area, (2) the

resident moves to a new service area, (3) the beneficiary can demonstrate that the plan has

violated the terms of its contract (i.e., fails to provide medically necessary care or misrepresents

the plan in its marketing materials), or (4) the individual meets other exceptional circumstances

provided by CMS.

ž™™•Ž–Ž—Š•ȱŽ—Ž’œȱ

Nearly all plans offer some benefits to enrollees beyond those in original Medicare. All

supplemental benefits are paid for either with (1) a rebate earned by the plan through the bidding

process, (2) directly by the enrollee through a supplemental premium, or (3) some combination of

a plan rebate and supplemental premium. A Government Accountability Office (GAO) analysis of

MA plan supplemental benefits (as projected by the plans in their 2007 bid documents) indicated

that, overall, rebates paid for 77% of supplemental benefits, and additional premiums paid for the

remaining 23%. However, the proportions varied by plan. Other analyses have examined

supplemental benefits offered to enrollees in the lowest premium package offered by each

participating organization; benefits in these packages would be more likely to be paid for through

savings rather than a supplemental premium. These analyses found that in 2005, most MA

enrollees were offered vision care (92%) and hearing coverage (99%), while all were offered

routine physicals (100%) (Figure 6). Prescription drug coverage was a popular supplemental

benefit prior to the start of the new Medicare Part D prescription drug program; with the Part D

program, some type of prescription drug coverage is available to all enrollees who choose to join

an MA plan that covers drugs. Figure 6 shows that the percentage of enrollees offered these

benefits has fluctuated for all services between 1999 and 2005. However, the figure does not

show how the extent of benefits or the level of cost sharing may have changed over the time

period.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŝȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Figure 6. Percentage of M+C and MA Enrollees Offered Benefits Beyond Traditional

Medicare Covered Services, in the Lowest Premium Package Available, 1999, 2002,

and 2005.

Vision care

Physical exams

Prescription drugs

Hearing care

Preventive dental

Podiatry

Chiropractor

0%

10%

20%

30%

40%

2005

50%

60%

2002

1999

70%

80%

90%

100%

Source: Chart prepared by CRS based on Mathematica Policy Research analysis of CMS data.

›Ž–’ž–œȱ

All MA enrollees are required to pay the Part B premium, although plans may pay this for their

enrollees as a supplemental benefit. Plans are permitted to charge enrollees additional out-ofpocket fees, such as premiums and coinsurance, depending on which plan the individual elects.

Any supplemental premium charged to plan enrollees is a consolidation of any of the following

three charges: (1) a premium to cover basic Part A and B benefits if a plan bid was above the

benchmark, (2) a premium to cover supplemental benefits not paid for through a plan rebate, and

(3) a premium for Part D prescription drug coverage. However, plans have an incentive to

minimize supplemental premiums in order to remain competitive in local markets.

Between 1999 and 2003, the percentage of beneficiaries nationally with access to a zero premium

coordinated care plan declined. As shown in Table 3, the availability of these plans dropped by

half, from over 60% to just under 30%. Between 2003 and 2006, access to a zero premium plan

doubled, again achieving the previous high of 61%. The percentage of beneficiaries enrolled in a

zero premium coordinated care plan has fluctuated as well, but changes in the methodology make

a comparison of this measure over time difficult. In 2006, just over half of MA coordinated care

plan enrollees were in a plan with a zero combined premium for Part C and Part D benefits.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŞȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

Table 3. Changes in Access to or Coverage Under a Medicare+Choice or Medicare

Advantage Coordinated Care Plan with a Zero Premium, 1999 to 2006.

Year

1999

2000

2001

2002

2003

2004

2005

2006

Overall Medicare Population

with Access to Zero Premium

Coordinated Care Plan

61

53

39

34

29

40

42

61

Enrollees with Zero Premium

Coordinated Care Plan

68

61

45

39

38

48a

58a

52b

Source: Centers for Medicare and Medicaid Services. Analysis of submitted bids from Health Plan Management

System (HPMS) data; data development by the Office of Research, Development and Information.

Notes: This table does not include Private Fee-or-Service or employer sponsored plans. It includes Special

Needs Plans, Health maintenance Organizations, Preferred Provider Organizations, and Provider Sponsored

Organizations.

a. Enrollment in zero premium plan reflects actual enrollment as reported by the plan. In prior years, enrollees

were assigned to the zero premium plan if one was available.

b. For 2006, zero premium refers to the combined part C and part D premium.

˜ŸŽ›ŠŽȱ˜›ȱ›ŽœŒ›’™’˜—ȱ›žœȱ

Prior to 2006, one of the advantages of Medicare private plans over original Medicare was that

most plans included some outpatient prescription drug coverage. The MMA added the Medicare

Part D prescription drug program, making some type of drug coverage available to all

beneficiaries. With one exception, every MA organization in an area is required to offer at least

one Medicare Advantage-Prescription Drug (MA-PD) plan, one that offers qualified Part D

prescription drug coverage. PFFS plans are not required to offer a plan with qualified prescription

drug benefits. If a beneficiary enrolls in a PFFS plan that does not provide prescription drug

coverage, he or she can enroll in a stand-alone Part D prescription drug plan in addition to the

PFFS plan. Beneficiaries who choose any other MA plan without drug coverage can not enroll in

a stand alone Part D plan.

MA organizations offering prescription drug coverage receive a direct subsidy for each enrollee in

an MA-PD plan equal to the plan’s adjusted standardized bid amount for its prescription drug

benefit (reduced by the base beneficiary Part D premium). The plan also receives the reinsurance

payment amount of 80% of the costs for drugs exceeding the annual out-of-pocket threshold for

an enrollee ($4,050 in 2008). Finally, MA-PD plans receive reimbursement for premium costsharing reductions for their qualifying low-income enrollees.

Beneficiaries who enroll in an MA plan offering Part D must pay the plan the standard Part D

premium. However, MA-PD plans that receive a rebate in the bidding process may use all or part

of that rebate as a credit toward the MA monthly prescription drug premium.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗşȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Ž—Ž’Œ’Š›¢ȱ›˜ŽŒ’˜—œȱ

The MA program includes requirements designed to limit beneficiaries’ financial liability and to

assure beneficiaries of certain rights. Among these beneficiary protections are standards to ensure

access to Medicare benefits and providers, beneficiary liability standards, health care quality

standards, consumer disclosure and plan marketing requirements, and a grievance and appeals

process.

—›˜••–Ž—ȱ

In general, MA organizations cannot deny enrollment on the basis of health status-related factors.

These factors include health status, medical condition (including both physical and mental

illnesses), claims experience, receipt of health care, medical history, genetic information,

evidence of insurability (including conditions arising out of acts of domestic violence), and

disability. However, an organization may deny enrollment if it has reached the limits of its

capacity. Organizations may terminate an enrollee’s election only for failure to pay premiums on

a timely basis, disruptive behavior, or because the plan ends for all MA enrollees.

ŒŒŽœœȱ˜ȱ›˜Ÿ’Ž›œȱ

Coordinated care plans such as HMOs and PPOs are required to form provider networks to meet

Medicare access requirements. In accordance with network requirements, each provider has a

written contract or agreement to furnish services to plan enrollees. Care is generally not covered

or is partially covered if received from a provider who is not in the plan’s network. Regional

PPOs, despite being coordinated care plans, can use methods other than written agreements to

meet access requirements with the Secretary’s approval.

Prior to 2011, however, PFFS plans are not required to establish networks of providers. PFFS

plans must permit enrollees to obtain services from any Medicare participating provider that

agrees to the plans’ terms and conditions. PFFS plans meet access requirements by (1)

establishing payment rates that are not less than those under original FFS Medicare or (2) having

signed (direct) contracts with a sufficient number and range of providers in a particular category.

Most PFFS plans are meeting access requirements by paying providers the same rates as original

Medicare. Starting in 2011, PFFS plans sponsored by employers or unions are required to

establish contracted networks of providers to meet access requirements. Non-employer-sponsored

MA PFFS plans are required to establish contracted networks of providers in network areas

defined as areas having at least two plans with networks (such as HMOs, PSOs, or local PPOs).

In areas without at least two network based plans, the non-employer PFFS plans retain the ability

to establish access requirements through establishing payment rates that are not less than those

under original Medicare.

Enrollees in PFFS plans may obtain covered services from any Medicare eligible provider who is

willing to furnish services and accepts the plan’s terms and conditions of participation. However,

the lack of a written agreement between the plan and provider (in areas where PFFS plans do not

have a contracted network of providers) means that the providers are not required to treat plan

enrollees. Providers may determine on a case-by-case or visit-by-visit basis whether to serve a

plan’s enrollees.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŖȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Other access requirements include developing written standards to ensure that access to care is

timely; developing policies and procedures in the areas of coverage, payment, and utilization; and

establishing written requirements for ensuring beneficiary input in a treatment plan. Plans must

also ensure that services are available 24 hours a day 7 days a week and provide access to

ambulance and emergency services.

ŒŒŽœœȱ˜ȱŽ—Ž’œȱ

CMS reviews and approves MA plan benefit offerings, including mandatory and optional

supplemental benefits, to ensure that plans are providing all Part A and B covered services (except

hospice), do not discriminate against beneficiaries, do not discourage enrollment or encourage

disenrollment, do not steer subsets of Medicare beneficiaries to certain MA plans, or inhibit

access to services. CMS also reviews mandatory supplemental benefits (i.e., benefits not covered

under original Medicare, reduced Medicare premiums, or cost-sharing amounts) to ensure that

they are designed in accordance with CMS’s guidelines and requirements.

Ž—Ž’Œ’Š›¢ȱ’—Š—Œ’Š•ȱ’Š‹’•’¢ȱ›˜ŽŒ’˜—œȱ

Enrollees in MA-coordinated care plans (i.e., HMOs and PPOs) are likely to experience the least

amount of out-of-pocket costs (compared to other MA plans). Cost sharing per enrollee

(excluding premiums) for covered services cannot be more than the actuarial value of the

deductibles, coinsurance, and co-payments under traditional Medicare. However, while the

aggregate amount of cost sharing in an MA plan must be equal to the aggregate amount of cost

sharing in original Medicare, the plan may set different amounts for specific services, such as a

lower (or higher) deductible for hospital inpatient services or skilled nursing facility services.

Balance billing under Medicare generally refers to an amount billed by a provider in excess of

Medicare’s recognized payment amount (which includes beneficiary cost sharing). Original

Medicare prohibits balance billing by Medicare-“participating physicians” but allows nonparticipating physicians to balance bill up to 115% of the non-participating Medicare feeschedule amount, which is 9.25% above the recognized amount for participating providers.

Providers participating in coordinated care MA plans, such as HMOs, are prohibited from balance

billing. However, providers participating in PFFS plans are allowed to balance bill enrollees up to

115% of the plan’s fee schedule, subject to the terms and conditions of the plan. This means that

if a PFFS plan allows providers to balance bill, the beneficiary would be responsible for any

balance billing charges in addition to any cost-sharing required by the plan. If the PFFS plan does

not allow balance billing, the beneficiary is not responsible for balance billing charges, but would

be responsible for any cost-sharing requirements under the plan. Balance billing rules under PFFS

plans may apply to all types of Medicare providers. PFFS plans are obliged to inform

beneficiaries of these balance billing amounts, and hospitals are required to provide PFFS

enrollees advanced notice of balance billing charges.

žŠ•’¢ȱŠ—Š›œȱ

All MA organizations are required to have a quality improvement program. As part of the quality

improvement program, plans must collect, analyze, and report data to measure health outcomes

and other indices. Specific requirements include designing a chronic care improvement program,

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŗȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

conducting quality improvement projects, and encouraging providers to participate in CMS and

HHS quality initiatives. Plans are required to annually assess the impact and effectiveness of their

quality improvement programs and take timely action to correct any systemic problems that come

to their attention.

CMS requires that MA plans collect and report on a subset of performance measures from the

National Committee for Quality Assurance’s (NCQA’s) Health Plan Employer Data and

Information Set (HEDIS), the Consumer Assessment of Health Plans Study (CAHPS), and the

Medicare Health Outcomes Survey (HOS).

˜—œž–Ž›ȱ’œŒ•˜œž›ŽȱŽšž’›Ž–Ž—œȱ

MA organizations must disclose to each enrollee (at the time of enrollment and at least annually)

information on their service area, benefits, the number, mix, and distribution of providers, out-ofarea coverage, emergency coverage, supplemental benefits, prior authorization rules, plan

grievance and appeals procedures, the quality improvement program, disenrollment rights and

responsibilities, and cost-sharing obligations. MA organizations must make a good faith effort to

provide enrollees with written notice of a provider’s termination from the plan’s network at least

30 days prior to the termination date. Medicare-eligible enrollees are also allowed to request from

the plan information on procedures used by the organization to control utilization, the number of

grievances and appeals, a description of physician compensation practices, and descriptions of the

plan’s financial performance. When an MA organization terminates its contract with CMS, it must

provide and pay for advance written notice to each of its enrollees, along with a description of

alternatives for obtaining benefits.

Š›”Ž’—ȱŽšž’›Ž–Ž—œȱ

MA organizations are required to submit marketing brochures and enrollment forms to CMS for

review and approval at least 45 days before distribution. If using CMS model materials, the

approval time is reduced from 45 to 10 days. As part of the review process, CMS must ensure that

the information provided to beneficiaries is not inaccurate or misleading. MA organizations are

also required to develop marketing materials that provide an adequate description of plan

benefits, providers, and fees; an explanation of the grievance and appeals process; notification of

the open enrollment period; and a statement indicating that either the plan or CMS can terminate

the contract, thereby resulting in the beneficiary’s disenrollment from the plan.

CMS has also developed standards for regulating the marketing conduct of MA organizations.

These standards include prohibitions against door-to-door soliciting, providing cash or other

monetary rebates to induce enrollment, and conducting misleading or confusing activities, such as

claiming that the MA organization has been endorsed by CMS or Medicare. Further, providers

cannot distribute information to beneficiaries comparing benefits across plans or allow

beneficiaries to complete enrollment applications in provider offices.

CMS issued a proposed rule in May 2008 changing some marketing standards into regulations.

Prior to the issuance of a final rule, MIPPA established the following new prohibitions on the

marketing activities of MA plans. Except in instances where the beneficiary initiates contact,

plans will be prohibited from soliciting beneficiaries door-to-door or on the phone. Cross-selling

of non-health products, providing meals to prospective enrollees, marketing or selling plans at

educational events or in areas where health care is delivered (i.e., physician offices or

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŘȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

pharmacies), and using sales agents that are not state licensed are also prohibited. MIPPA

required that by November 15, 2008, the Secretary establish limitations on other plan marketing

activities such as co-branding, the scope of marketing appointments with prospective enrollees,

and agent compensation and training. MA plans will be required to provide states with

information on (1) agent and broker terminations and (2) at state request, performance and

licensing of agents, brokers, and any third party representing the plan. After January 1, 2010, MA

plans will be required to include the plan type in all plan names. Some provisions included in the

CMS proposed rule were not included in MIPPA but may be addressed in the final rule, including

(1) a requirement that, upon CMS’s request, MA plans would be required to provide any

information necessary to conduct oversight of marketing activities, and (2) development of a

memorandum of understanding between states and CMS to share compliance and oversight

information.

›’ŽŸŠ—ŒŽȱŠ—ȱ™™ŽŠ•œȱ

An MA organization must have procedures for hearing and resolving grievances between the

organization and enrollees. It also must maintain a process for making timely organization

determinations, which are plan decisions related to enrollees’ benefits and payment. Beneficiaries

have 60 days from the date of service to file a grievance with their MA plan. Beneficiaries have

the right to a timely resolution to their grievance (no later than 30 days) as well as the right to

request an appeal or reconsideration of an organization determination. In certain circumstances,

beneficiaries may also request an expedited determination, which requires a decision be rendered

in 72 hours. All MA organizations are required to provide written information to enrollees about

these processes. They are also required to inform beneficiaries about how to initiate quality of

care complaints to their local Quality Improvement Organization (QIO). The QIO complaint

process is distinct from the MA organization’s grievance procedure, and beneficiaries have the

right to file a complaint with the MA organization and QIO simultaneously. All quality-of-care

complaints and adverse organization determinations must be responded to in writing.

›˜›Š–ȱŠ—Š›œȱŠ—ȱ˜—›ŠŒȱŽšž’›Ž–Ž—œȱ

The MA program requires the private health plans that participate to meet minimum program

standards and contracting requirements. These requirements include minimum enrollment

standards, organizational and financial requirements as specified by states, provider protections,

and prompt payment requirements. The Secretary is required to conduct audits of at least onethird of MA participating organizations each year. In the event that organizations violate the

standards and requirements, the Secretary had the authority to terminate the contract or impose

sanctions.

’—’–ž–ȱ—›˜••–Ž—ȱŠ—Š›œȱ

Contracts between MA organizations and CMS are made for at least one year and are

automatically renewable, unless either party gives notice to terminate the contract. MA

organizations must enroll at least 5,000 individuals (1,500 in the case of a PSO) or at least 1,500

individuals (500 in the case of a PSO) if the organization serves individuals residing outside of

urbanized areas. These minimum requirements may be waived during the first three years of the

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řřȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

contract, if the organization can demonstrate to CMS that it can administer and manage an MA

contract and also manage the level of risk required under the contract.

›Š—’£Š’˜—Š•ȱŠ—ȱ’—Š—Œ’Š•ȱŽšž’›Ž–Ž—œȱ

In general, an MA organization must be licensed under state law as a risk-bearing entity eligible

to offer health insurance or health benefits coverage in each state in which it offers an MA plan.

An MA organization must assume full risk for Medicare benefits on a prospective basis.

However, this does not preclude an organization from obtaining insurance or making other

arrangements to cover certain costs, such as medically necessary services provided by nonnetwork providers and part of the costs exceeding its income. The organization also may make

arrangements with providers to assume some or all of the financial risk for covered benefits they

provide; however, PFFS organizations cannot put providers at risk.

›˜Ÿ’Ž›ȱ›˜ŽŒ’˜—œȱŠ—ȱŽšž’›Ž–Ž—œȱ

Each MA organization (other than a PFFS) must establish physician participation procedures that

provide (1) notice of the participation rules, (2) written notice of adverse participation decisions,

and (3) a process for appealing adverse decisions. The organization must consult with contracting

physicians regarding the organization’s medical policy, quality, and medical management

procedures.

Although plans may include providers only to the extent necessary to meet the needs of their

enrollees, they cannot discriminate with respect to providers who are acting within the scope of

their license or certification under applicable state law, solely on the basis of such license or

certification. Restricting communications between providers and their patients (a gag clause) is

prohibited. The use of physician financial incentive plans, (compensation arrangements between

organizations and individual or groups of physicians that may reduce or limit services) is also

limited.

›˜ŽŒ’˜—œȱŠ’—œȱ›Šžȱ

The Secretary is required to conduct annual audits of the financial records of at least one-third of

the MA participating organizations (including data relating to utilization, costs, and computation

of the plan’s bid). The Secretary also has the right to inspect and audit the quality,

appropriateness, and timeliness of the services provided to enrollees, as well as any records

pertaining to the organization’s ability to bear risk. In addition, HHS, GAO, or their designee has

the right to audit and evaluate an MA organization’s records and those of its subcontractors that

pertain to the services provided under the contract. This right extends for 10 years from the

termination date of the final contract. If CMS suspects potential fraud, the agency may conduct an

inspection or audit of the MA organization at any time.

›˜–™ȱŠ¢–Ž—ȱŽšž’›Ž–Ž—œȱ

MA PFFS plans are required to pay 95% of “clean claims” within 30 days of receipt. This 30-day

rule also applies to claims submitted to any MA organization by a provider who does not have a

written contact with the plan. MA organizations are required to pay interest on “clean claims” that

are not paid within 30 days. All other claims from non-contracted providers must be paid within

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŚȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ

60 days. MA organizations that do contract with providers (i.e., HMOs and PPOs) must include a

prompt payment provision in their contracts. CMS defines a clean claim as a claim that has no

defect or impropriety, and is submitted with all the required documentation.

˜—›ŠŒȱŽ›–’—Š’˜—œȱŠ—ȱŠ—Œ’˜—œȱ

The Secretary has the authority to terminate an annual contract with an MA plan if the MA

organization fails substantially to carry out the terms of its contract. Reasons for termination can

be severe financial difficulties, failing to comply with required grievance and appeals procedures,

failing to implement an acceptable quality assessment and performance improvement program,

failing to comply with CMS marketing requirements, and committing fraud. Except in instances

where the MA organization is experiencing severe financial hardship, CMS is required to provide

the organization with an opportunity to develop a corrective action plan (CAP) to correct any

deficiencies before terminating the contract. MA organizations have the right to appeal a

termination. MA organizations also have the right to terminate their contract with CMS if CMS

fails to substantially carry out the terms of its contract.

The Secretary has the authority to impose sanctions, including civil monetary penalties, on MA

organizations in the following eight instances: (1) failing to provide medically necessary services,

which result in an adverse outcome for the patient; (2) charging excess beneficiary premiums; (3)

expelling or refusing to reenroll individuals in violation of stated requirements; (4) denying or

discouraging enrollment of individuals whose medical condition requires future services; (5)

misrepresenting or falsifying information to the Secretary or others; (6) interfering with

practitioners advice to enrollees; (7) failing to comply with rules regarding physician participation

and balance billing; and (8) contracting with excluded providers. In addition to civil monetary

penalties, the Secretary can temporarily suspend enrollment in the plan, stop payment, and restrict

the MA organization’s marketing activities. The civil monetary penalties may range from $10,000

to $100,000, depending on the nature of the violation.

œœžŽœȱ˜›ȱ˜—›Žœœȱ

The 111th Congress may examine several aspects of the Medicare Advantage program, including

the difference in expenditures per beneficiary between MA and original Medicare, profits

reported by MA plans, the Comparative Cost Adjustment Program mandated under the MMA,

and marketing issues.

Ž›ȱŽ—Ž’Œ’Š›¢ȱ¡™Ž—’ž›Žȱ’Ž›Ž—ŒŽœȱŽ ŽŽ—ȱȱŠ—ȱ

›’’—Š•ȱŽ’ŒŠ›Žȱ

Medicare-managed care plans may have the potential to provide better quality care at less cost

than original Medicare.5 In fact, prior to the BBA, private plans were paid 95% of the cost of

5

For the House Budget Committee, CMS Administrator Mark McClellan testified that MA plans brought “greater

value to our overall health care system, in terms of enabling beneficiaries to get more up-to-date, higher-quality care at

a lower cost.” However, his argument defined costs more broadly than program by including beneficiary out-of-pocket

costs as well. http://budget.house.gov/hearings/2007/06.28mcclellan_testimony.pdf.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řśȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Medicare, in part because of this presumed greater efficiency. However, the current payment

mechanism does not encourage plans to be more efficient than original Medicare, because it pays

plans at least as much as the cost of Medicare, and on average, more. According to the Medicare

Payment Advisory Commission (MedPac), Medicare is expected to pay private plans an average

of 14% more per beneficiary in 2009 than it does for beneficiaries enrolled in the original

Medicare program. In 2008, the maximum amount Medicare was willing to pay MA plans to

provide Medicare covered benefits was, on average, 18% higher than the estimated cost of

providing those same benefits under original Medicare. 6 MA health maintenance organizations

were the only plan type that, on average, estimated their cost of providing Medicare-covered

benefits at below the cost of original Medicare; this suggests MA health maintenance

organizations can be more cost effective than original Medicare.

MA plans use at least part of the payments (above the cost of original Medicare) to provide extra

benefits and reduced cost sharing to enrollees. In addition, these higher payments have attracted

private plans to areas previously underserved by Medicare private plans, and beneficiaries today

have more private plans to choose from than they did 10 years ago. However, the higher

payments (1) allow inefficient plans to continue participating in Medicare, (2) contribute to the

financial instability of the program in the long-run, and (3) increase Part B premium costs for all

beneficiaries in the Medicare program. Moreover, the reported quality data for MA plans are

limited and variable.7 Both MA payments and quality measures are to be addressed in upcoming

MedPac reports to Congress.8 Specifically, MedPac is to study how comparable measures of

performance and patient experience can be collected and reported by 2011 for MA and original

Medicare. The second study requires MedPac to study the relationship between plan bids and per

capita spending in original Medicare, alternatives to county level payments, and the accuracy and

completeness of county-level spending estimates.

Congress may choose to reexamine MA payments and whether the amount paid to MA plans

above the cost of original Medicare should remain part of the MA payment, or whether that

money should be used for other priorities. If Congress chooses to reduce spending in the MA

program, there are many different ways of achieving these savings. Reducing payments,

regardless of the method, may result in reduced supplemental benefits or reduced access to plans.

However, each individual option would have different pros and cons.

One provision included in the House-passed H.R. 3162, the Children’s Health and Medicare

Protection (CHAMP) Act of 2007, would have phased in MA benchmarks equal to per capita feefor-service (FFS) spending in each county, effectively decreasing MA benchmarks in all areas

where it exceeded average Medicare spending. MA plans would need to be as efficient as original

Medicare in order to continue serving Medicare beneficiaries. This provision was not taken up by

the Senate. The Congressional Budget Office (CBO) estimated that setting benchmarks equal to

spending in original Medicare could save $55 billion over 5 years and $157 billion over 10

years.9 Though this method would eliminate the unequal expenditures between MA and original

6

Medicare Payment Advisory Commission, Report to Congress, March 2008, pp. 249-251,

http://www.medpac.gov/chapters/Mar08_Ch03.pdf.

7

Medicare Payment Advisory Commission, Report to Congress, March 2008, pp. 249-251,

http://www.medpac.gov/chapters/Mar08_Ch03.pdf.

8

CRS Report RL34592, P.L. 110-275: The Medicare Improvements for Patients and Providers Act of 2008

9

Congressional Budget Office, Budget Options, December 2008, pp. 119-123,

http://www.cbo.gov/ftpdocs/99xx/doc9925/12-18-HealthOptions.pdf.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŜȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Medicare—sometimes referred to as “creating a level playing field”—it could result in decreased

access to MA plans in rural and some urban areas, thus increasing a geographic difference that

was prevalent through all but the most recent years of the program.

Other options would reduce payments while allowing for some differences between MA and

original Medicare. Some argue that certain costs faced by private plans, such as administrative

costs and payments to health care providers, are not the same as those of original Medicare, and

therefore, the maximum amount Medicare pays private plans should not be as low as original

Medicare in some areas.10 In such case, benchmarks could take into account the estimated costs of

MA plans, much like the Regional MA plans. The CBO estimated that basing benchmarks on plan

bids could save $35 billion over 5 years and $158 billion over 10 years.11 This option would not

create a level playing field between MA and original Medicare. However, it would still achieve

some savings and might not have as severe an effect on access to plans, as the cost to plans of

serving a particular area would be used to calculate the benchmark for the area.

Another option would be an across-the-board percentage cut in benchmarks. In higher benchmark

areas where the benchmark is more likely based on per capita FFS spending, the reduction may

resemble the payment policy prior to the BBA when plans were paid a percentage of spending in

original Medicare. Depending on the size of the reduction, it is possible that benchmarks for

many rural and some urban areas would remain above spending in original Medicare. Again, this

option would not create a level playing field between MA and original Medicare. Another

disadvantage is that it does not incorporate information from the plans to gauge the cost of doing

business in a particular market. However, the largest reductions would occur in high payment rate

areas where some of the tools of managed care, such as establishing provider networks and

coordinating patient care, may be easier to employ.

Ž’ŒŠ•ȱ¡™Ž—’ž›ŽœȱŠ—ȱ›˜’œȱ

Other issues have arisen with respect to MA plan payments. Recent congressional attention has

focused on the profits earned by MA plans. Two analyses by the Government Accountability

Office found that MA organizations generally spent less on providing medical services than the

plans had estimated they would.12 As a result, the profit margins for these plans was higher, on

average, than plans had predicted. These findings held for 2005 and 2006, resulting in over $1

billion in additional profits to MA plans each year. The 111th Congress may opt to consider

whether to limit MA plan profits in an effort to either reduce overall Medicare spending, or to

increase the extra benefits and reduced cost sharing these plans offer to enrollees.

The House-passed CHAMP Act of 2007 included a provision that would have required the

Secretary to publish the percentage of plan revenues that were spent on clinical services, as

distinct from administration and profit. This amount is often referred to as the Medical Loss Ratio

10

Robert A. Berenson, "From Politics to Policy: A New Payment Approach to Medicare Advantage," March 2008, pp.

w156-w163.

11

Congressional Budget Office, Budget Options, December 2008, pp. 119-123,

http://www.cbo.gov/ftpdocs/99xx/doc9925/12-18-HealthOptions.pdf.

12

Government Accountability Office, Medicare Advantage Organizations: Actual Expenses and Profits Compared to

Projections for 2005, GAO-08-827R, June 24, 2008, http://www.gao.gov/new.items/d08827r.pdf, and Government

Accountability Office, Medicare Advantage organizations: Actual Expenses and Profits Compared to Projections for

2006, GAO-09-132, December 8, 2008, http://www.gao.gov/new.items/d09132r.pdf.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŝȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

(MLR).13 The bill also required plans with MLRs below a specified level to face reduced

benchmarks, limited enrollment, and possible termination. These provisions in CHAMP were not

taken up in the Senate.

˜–™Š›Š’ŸŽȱ˜œȱ“žœ–Ž—ȱ’—ȱŘŖŗŖȱ

Beginning in 2010, the Secretary will establish a program for the application of comparative cost

adjustment (CCA) in CCA areas. The six-year program will begin January 1, 2010, and end

December 31, 2015. The program is designed to test direct competition among local MA plans, as

well as competition between local MA plans and fee-for-service Medicare. This program will

occur only in a limited number of statutorily qualifying areas in the country.

The benchmark for MA local plans in a CCA area will be calculated using a formula that weights

(1) the projected FFS spending in an area (with certain adjustments for demographics and health

status) and (2) a weighted average of plan bids.

For Medicare beneficiaries in traditional Medicare, Part B premiums in CCA areas will be

adjusted either up or down, depending on whether the FFS amount is more or less than the CCA

area benchmark. If the FFS amount is greater than the benchmark, beneficiaries in traditional

Medicare FFS will pay a higher Part B premium than other FFS beneficiaries in non-CCA areas.

If the FFS amount is less than the benchmark, the Part B premium for FFS beneficiaries will be

reduced by 75% of the difference. These increases and decreases are subject to a 5% limit; that is,

adjustments to Part B premiums in CCA areas cannot exceed 5% of the national part B premium.

Beneficiaries in traditional Medicare FFS with incomes below 150% of poverty, who qualify for

low-income subsidies under the Medicare prescription drug program, will not have their Part B

premium increased.

In the 110th Congress, the House passed legislation to repeal the CCA demonstration, but that

provision was not taken up by the Senate. Historically, potential cost saving programs have

generated opposition resulting in delays or cancellations.14 Generally, Members have not

supported demonstrations or programs that have the potential to adversely affect companies or

beneficiaries in their districts. The Secretary has not announced the locations of the CCA

demonstrations.

Š›”Ž’—ȱ

Questionable marketing practices by MA plans, their agents, or brokers has attracted

congressional attention. During the 110th Congress, several committees held hearings identifying

the allegedly deceptive and aggressive sales practices of some MA plans, such as door-to-door

solicitations, misleading beneficiaries about plan coverage, and signing beneficiaries up for a plan

without their knowledge. Hearings also investigated factors that may have encouraged aggressive

13

For a discussion on the interpretation of medical loss rations, please see, James C. Robinson, “Use and Abuse of the

Medical Loss Ratio to Measure Health Plan Performance: This accounting tool was never intended to measure quality

or efficiency,” Health Affairs, July/August 1997, pp. 176-187.

14

For a brief discussion of the Medicare Competitive Pricing Demonstrations during the 1990s, see, Robert A

Berenson, "From Politics to Policy: A New Payment Approach to Medicare Advantage," Health Affairs, March 2008,

pp. w160-w161.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŞȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

marketing practices, such as the structure of agent and broker compensation. Though many of the

behaviors identified in the hearings were prohibited by CMS guidance, they were not explicitly

prohibited by statutes or regulations. On May 16, 2008, CMS issued a proposed rule to codify

into regulations some of the marketing policies already in the marketing guidance. Following the

proposed rule, Congress passed the Medicare Improvements for Patients and Providers Act of

2008 (MIPPA, P.L. 110-275), which codified into statutes some of the provisions in the proposed

rule, including (1) prohibiting door-to-door solicitations and other agent-initiated contact; (2)

clarifying that sales activities are only permitted in common areas of health care settings and

prohibited in areas primarily used for patient care; (3) prohibiting sales activities (such as

distribution of applications) at educational events; and (4) requiring that MA and Part D plans

only use state-licensed, certified, or registered marketing representatives in states that require

using such agents. MIPPA also directed the Secretary to establish guidelines on agent

commissions to ensure that commissions encouraged agents to enroll beneficiaries in plans that

best met their health care needs. A revised interim final rule established compensation levels for

agents and brokers based on historical compensation levels in the same market, adjusted for

whether or not this was the first year the beneficiary had enrolled in a particular plan type.

Compensation would be decreased if the beneficiary disenrolled from the plan within the first

year. It is unclear whether marketing issues for Medicare private plans will garner congressional

attention going in the 111th congress. While it appears that the legislation resolved many of the

issues, Congress will have to wait and see whether or not those conducting the abusive practices

are able to circumvent the changes to the law.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řşȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

™™Ž—’¡ǯ ސ’œ•Š’ŸŽȱ ’œ˜›¢ǰȱŗşşŝȱ˜ȱŘŖŖŞȱ

This section summarizes major legislation enacted into law that modifies Medicare Part C,

beginning in 1997. The summary highlights major provisions; it is not a comprehensive list of all

Medicare amendments. Included are provisions that had a significant budget impact, changed

program benefits, modified beneficiary cost sharing, or involved major program reforms.

Provisions involving policy changes are mentioned the first time they are incorporated in

legislation, but not necessarily every time a modification is made. The descriptions include either

the initial effective date of the provision or, in the case of budget savings provisions, the fiscal

years for which cuts were specified.

ЕЗŒŽȱžŽȱŒȱ˜ȱŗşşŝȱǻǰȱǯǯȱŗŖśȬřřǼȱ

The BBA established a new part C of Medicare called Medicare+Choice (M+C). It was built on

the existing Medicare Risk Contract Program, which enabled beneficiaries to enroll, where

available, in health maintenance organizations (HMOs) that contracted with the Medicare

Program. It expanded, beginning in 1999, the private plan options that could contract with

Medicare to other types of private health care organizations (e.g., PPOs and PSOs), PFFS, and, on

a limited demonstration basis, high deductible plans (called MSA plans) offered in conjunction

with savings accounts.

Prior to BBA, the payment for private plans was based on 95% of the average adjusted per capita

cost (AAPCC) of beneficiaries in original Medicare in each county. BBA replaced that payment

methodology with a formula that calculated the highest of three amounts calculated for each

county: (1) a blended rate, which was blend of an area-specific (local) rate and a national rate; (2)

a minimum payment (or floor) rate; or (3) a rate reflecting a minimum increase from the previous

year’s rate. Payment rates under this formula were subject to a budget neutrality provision such

that the total amount of payments under the formula methodology could not be greater or less

than the payments in the absence of the formula. The blended per capita rate was intended to shift

payment amounts away from local (generally county) rates, which reflected the wide variations in

fee-for-service costs, toward a national average rate. The floor rate was designed to raise

payments in certain counties more quickly than would occur through the blend alone, and the

minimum increase percentage was to protect counties that would otherwise receive only a small

(if any) increase.

BBA established an M+C Competitive Pricing Demonstration Project in seven payment areas.

Under the demonstration, payments to M+C organizations would be determined competitively, as

determined by the Secretary in consultation with an advisory committee.

ЕЗŒŽȱžŽȱŽ’—Ž–Ž—ȱŒȱ˜ȱŗşşşȱǻǰȱǯǯȱŗŖŜȬŗŗřǼȱ

BBRA contained several provisions designed to facilitate the implementation of M+C. It changed

the phase-in of the new risk adjustment payment methodology based on health status to a blend of

10% new health status method/90% old demographic method in 2000 and 2001, and not more

than 20% health status in 2002. It provided for payment of a new entry bonus of 5% of the

monthly M+C payment rate in the first 12 months and 3% in the subsequent 12 months to

organizations that offer a plan in a payment area without an M+C plan since 1997, or in an area

where all organizations announced withdrawal as of January 1, 2000. The BBRA reduced the

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŖȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

exclusion period from five years to two years for organizations seeking to reenter the M+C

Program after withdrawing. It allowed organizations to vary premiums, benefits, and cost sharing

across individuals enrolled in the plan so long as these are uniform within segments comprising

one or more M+C payment areas. BBRA provided for submission of adjusted community rates by

July 1 instead of May 1. It provided that the aggregate amount of user fees collected would be

based on the number of M+C beneficiaries in plans compared to the total number of beneficiaries.

It also delayed implementation of the Medicare+Choice Competitive Bidding Demonstration

Project, until 2002 at the earliest.

Ž’ŒŠ›ŽǰȱŽ’ŒŠ’ǰȱŠ—ȱ ȱŽ—Ž’œȱ –™›˜ŸŽ–Ž—œǰȱŠ—ȱ

›˜ŽŒ’˜—ȱŒȱ˜ȱŘŖŖŖȱǻ ǰȱǯǯȱŗŖŜȬśśŚǼȱ

BIPA established multiple floor rates, based on population and location. It applied a 3% minimum

update in 2001, which returned to the existing law minimum update of 2% thereafter. BIPA

increased the M+C payment rates for enrollees with ESRD to reflect the demonstration rate of

social health maintenance organizations’ ESRD capitation demonstrations. BIPA extended the

current risk adjustment methodology until 2003 and, starting in 2004, began to phase-in a new

risk adjustment methodology based on data from inpatient hospitals and ambulatory settings. It

permitted M+C plans to offer reduced Medicare Part B premiums to their enrollees as part of

providing any required additional benefits or reduced cost-sharing. It extended the application of

the new entry bonus for M+C plans to include areas for which notification had been provided, as

of October 3, 2000, that no plans would be available January 1, 2001. It required payment

adjustments to M+C plans if a legislative change resulted in significant increased costs. It

precluded the Secretary from implementing, other than at the beginning of a calendar year,

regulations that imposed new, significant regulatory requirements on M+C organizations. BIPA

required the Secretary to make decisions, within 10 days, approving or modifying marketing

material used by M+C organizations, provided that the organization used model language

specified by the Secretary. A provision allowed an M+C organization offering a plan in an area

with more than one local coverage policy to use the local coverage policy for the part of the area

that was most beneficial to M+C enrollees (as identified by the Secretary) for all M+C enrollees

enrolled in the plan. BIPA expanded the M+C quality assurance programs for M+C plans to

include a separate focus on racial and ethnic minorities. The Secretary was given authority to

waive or modify requirements that hindered the design of, offering of, or enrollment in certain

M+C plans, such as M+C plans under contract between M+C organizations and employers, labor

organizations, or trustees of a fund established by employers and/or labor organizations. BIPA

extended the period for Medigap enrollment for certain M+C enrollees affected by termination of

coverage. It allowed individuals who enrolled in an M+C plan after the 10th day of the month to

receive coverage beginning on the first day of the next calendar month. It permitted ESRD

beneficiaries to enroll in another M+C plan if they lost coverage when their plan terminated its

contract or reduced its service area. It required an M+C plan to cover post-hospitalization skilled

nursing care through an enrollee’s “home skilled nursing facility” in certain situations. BIPA

mandated review of ACR submissions by the HCFA (now CMS) Chief Actuary.

ž‹•’Œȱ ŽŠ•‘ȱŽŒž›’¢ȱŠ—ȱ’˜Ž››˜›’œ–ȱ›Ž™Š›Ž—ŽœœȱŠ—ȱ

Žœ™˜—œŽȱŒȱǻǯǯȱŗŖŝȬŗŞŞǼȱ

P.L. 107-188 moved CMS’s annual announcement of M+C payment rates from no later than

March 1 to no later than the second Monday in May, effective only in 2003 and 2004. It

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŗȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

temporarily moved the deadline for plans to submit information about ACRs, M+C premiums,

cost sharing, and additional benefits (if any) from no later than July 1 to no later than the second

Monday in September in 2002, 2003, and 2004. It changed the annual coordinated election period

from the month of November to November 15 through December 31 in 2002, 2003, and 2004. It

allowed Medicare beneficiaries to make and change elections to an M+C plan on an ongoing

basis through 2004. Then beginning in 2005, individuals would be able to make changes only on

the more limited basis, originally scheduled to be phased in beginning in 2002.

Ž’ŒŠ›Žȱ›ŽœŒ›’™’˜—ȱ›žǰȱ –™›˜ŸŽ–Ž—ǰȱŠ—ȱ˜Ž›—’£Š’˜—ȱŒȱ

˜ȱŘŖŖřȱǻǰȱǯǯȱŗŖŞȬŗŝřǼȱ

In 2003, Congress passed the MMA, which made significant changes to Medicare’s private plan

option. For 2004, the MMA modified payment rates to plans. First, a fourth payment mechanism

was added so that plans were paid the highest of the floor, minimum percentage increase, the

blend or a new amount equal to 100% per capita fee-for-service for a beneficiary in original

Medicare (including the value of indirect medical education.) Second, the blend payment type

was not subject a budget neutrality provision. Third, beginning in 2004, the minimum percentage

increase is the greater of either 2% or the growth in overall Medicare for the previous year.

Beginning in 2005, the floor and blend payment types are eliminated; only the minimum percent

increase amount, and in certain years, 100% of per capita FFS would be used to update payments.

Beginning in 2006, the MMA established a new payment methodology to pay private plans.

Under the new payment system, Medicare continues to pay plans a fixed monthly amount per

enrollee, but these monthly payments are determined, at least in part, by competitive bidding. The

Secretary determines MA payments by comparing plan’s estimated cost of providing covered Part

A and B benefits (the bid) to the maximum amount Medicare is willing to pay a plan to provide

covered Part A and B benefits (the benchmark). The benchmark amounts are the former per capita

payment rates, and a revised update methodology applies. For plans that bid below the

benchmark, the payment equals the bid amount plus 75% of the difference between the bid and

the benchmark. The amount above the plan’s bid may be used to provide additional benefits,

reduce cost sharing, or may be applied towards the monthly Part B premium, or prescription drug

premium. The remaining 25% is retained by the government. For plans that bid above the

benchmark, the payment is the benchmark and enrollees must pay an additional premium equal to

the amount by which the bid exceeds the benchmark.

Also beginning in 2006, MA regional plans are allowed to participate in the program. MA

regional plans are coordinated care plans that cover both in- and out-of-network required services.

Unlike local MA plans, regional MA plans are required to serve at least one entire region

established by the Secretary. (The Secretary established 26 regions made up of states or multiple

states.) Each regional plan is required to offer a maximum limit on out-of-pocket expenses and a

unified Part A and B deductible. Payments for regional plans are also based on a competitive

system described above, but for the regional program, the benchmark for each region is calculated

using a statutory formula that includes a weighted average of plan bids for the region. The MMA

established several incentives for private plans to participate in the regional program. Initially,

$10 billion was provided in a stabilization fund, and additional amounts were to be added to the

fund when regional plans bid below the benchmark. (Half of the 25% retained by the government

when a regional plan bids below the benchmark is transferred to the MA regional plan

stabilization fund.) During 2006 and 2007, Medicare was to share risk with MA regional plans if

plan costs fall above or below a statutorily-specified risk corridor. Beginning in 2006, the

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŘȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

Secretary was allowed to provide for an increased payment for certain hospitals that that contract

with MA regional plans.

Beginning in 2006, beneficiaries can enroll in a Medicare Part D prescription drug plan whether

they were in fee-for-service Medicare or enrolled in Medicare managed care. MA enrollees

(except those in PFFS and MSAs) are required to get Part D benefits through their MA plan, if

they want the Part D benefit.

MMA established the Medicare Special Needs Plan (SNP) option, which was intended to improve

care coordination and service delivery for certain groups of Medicare beneficiaries. Under the

SNP option, Medicare managed care plans are allowed to limit enrollment to certain types of

beneficiaries such as dual eligibles. SNP plans may choose to better coordinate the care of dual

eligibles by contracting with the state Medicaid agency to also provide Medicaid services, but

SNP plans are not required to do so.

Starting in 2010, the MMA requires the Secretary to establish a program for the application of

comparative cost adjustment (CCA) in CCA areas. The six-year program will begin January 1,

2010, and end December 31, 2015. The program is designed to test direct competition among

local MA plans, as well as competition between local MA plans and original Medicare. The

program will only occur in a limited number of statutorily qualifying areas.

Ž’Œ’ȱŽžŒ’˜—ȱŒȱǻǰȱǯǯȱŗŖşȬŗŝŗǼȱ

Starting in 2007, the DRA changed the way MA benchmarks are calculated to (1) exclude national

adjustments for coding intensity, (2) exclude the budget neutral implementation of risk adjustment,

(3) omit any adjustments accounting for errors in previous years’ projections of the national per

capita MA growth percentage, and (4) increase rates based on the MA growth percentage, as under

current law. In the report language to the BBRA, Congress urged the Secretary to implement a more

clinically based risk adjustment methodology (to supplement the demographic factors) without

reducing overall payments to plans. To keep payments from being reduced overall, the Secretary

applied a budget neutrality adjustment to risk adjusted rates. However, Administration studies show

a difference in the reported health status of MA enrollees compared to the reported health status of

beneficiaries in original Medicare. The exclusion of the budget neutral implementation of risk

adjustment is being phased-in over four years (2007-2010).

Š¡ȱŽ•’ŽȱŠ—ȱ ŽŠ•‘ȱŠ›ŽȱŒȱ˜ȱŘŖŖŜȱǻ ǰȱǯǯȱŗŖşȬŚřŘǼȱ

TRHCA created a special continuous open enrollment period for beneficiaries in original

Medicare to join certain MA plans during 2007 and 2008 outside of the normal enrollment

periods. It delayed the initial availability of funds from the MA Regional Plan Stabilization Fund

until January 1, 2012, and reduced the amount of funds available to $3.5 billion.

ǯǯȱŗŗŖȬŚŞȱǻ—ȱŒȱ˜ȱ›˜Ÿ’Žȱ˜›ȱ‘Žȱ¡Ž—œ’˜—ȱ˜ȱ›Š—œ’’˜—Š•ȱ

Ž’ŒŠ•ȱœœ’œŠ—ŒŽǰȱŠ—ȱ‘Ž›ȱ›˜Ÿ’œ’˜—œǼȱ

P.L. 110-48 eliminated the special continuous open enrollment period added by TRHCA. It

reduced the MA Regional Plan Stabilization Fund, to about $3.4 billion, and restricted the amount

that could be spent in 2012 to $1.6 billion.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řřȱ

ȱ

Ž’ŒŠ›ŽǰȱŽ’ŒŠ’ǰȱŠ—ȱ

ǯǯȱŗŗŖȬŗŝřǼȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ȱ¡Ž—œ’˜—œȱŒȱ˜ȱŘŖŖŝȱǻǰȱ

The MMSEA extended the authority of Specialized Medicare Advantage Plans for Special Needs

Individuals (SNPs) to restrict enrollment to special needs beneficiaries (defined as eligible

enrollees who are institutionalized, are entitled to Medicaid, or would benefit from enrollment in

a SNP) until January 1, 2010. Beginning January 1, 2008, it restricts the Secretary from

designating other MA plans as SNPs and imposes a moratorium on new SNP plans until January

1, 2010. It extends for one year (to January 1, 2009) the length of time cost-based plans can

continue to operate in an area with either two local or two regional MA plans in the same area.

MMSEA eliminated $1.6 billion from the MA Regional Plan Stabilization Fund for 2012. It

provided additional funding for State Health Insurance Assistance Programs, Area Agencies on

Aging, and Aging and Disabled Resource Centers to provide information and counseling, and

assistance to Medicare eligible individuals related to obtaining adequate and appropriate health

coverage.

Ž’ŒŠ›Žȱ –™›˜ŸŽ–Ž—œȱ˜›ȱŠ’Ž—œȱŠ—ȱ›˜Ÿ’Ž›œȱŒȱ˜ȱŘŖŖŞȱ

ǻ ǰȱǯǯȱŗŗŖȬŘŝśǼȱ

MIPPA requires the value of indirect medical education (IME) to be phased out of all benchmarks

starting in 2010. The amount phased-out each year will be based on a ratio of (1) a specified

percentage (0.60% in the first year), relative to (2) the proportion of per capita costs in original

Medicare in the county that IME costs represent. The effect of the ratio is to phase out a higher

proportion of IME costs in areas where IME makes up a smaller percentage of per capita

spending in original Medicare. After 2010, the numerator phase-out percentage will be increased

by 0.60 percentage points each year. This provision will not apply to PACE plans (Programs of

All-Inclusive Care for the Elderly).

Starting in 2011, PFFS plans sponsored by employers or unions are required to establish

contracted networks of providers to meet access requirements. Non-employer-sponsored MA

PFFS plans are required to establish contracted networks of providers in network areas defined as

areas having at least two plans with networks (such as health maintenance organizations

[HMOs]). In areas without at least two network-based plans, the non-employer PFFS plans retain

the ability to establish access requirements through establishing payment rates that are not less

than those under original Medicare.

Beginning in January 1, 2010, PFFS and Medical Savings Account (MSA) plans are required to

have a quality improvement program similar to other MA plans. Starting in 2011, data collection,

reporting, and analysis requirements for PFFS and MSA plans may not exceed the requirements

for local PPO plans, which are limited to those data from providers in the plan’s contracted

network, but not from out-of-network providers. In 2010, the data requirements for PFFS and

MSA plans are limited to administrative data, but must be collected from both in-network and

out-of-network providers.

MIPPA extends the time current Special Needs Plans (SNPs) may restrict enrollment to special

needs individuals and extends the moratorium on the Secretary’s authority to designate new SNPs

until January 1, 2011. Starting January 1, 2010, all new enrollees in a SNP will be required to

meet the definition of a special needs individual. For institutional SNPs, individuals living in the

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŚȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

community who may need an institutional level of care are not eligible to enroll in the SNP unless

it is determined by an entity other than the SNP using a state assessment tool that the individual

needs an institutional level of care. Medicaid SNPs are required to have a contract with the state

to provide Medicaid benefits, or arrange for benefits to be provided; Medicaid SNPs that do not

comply with the contracting requirement will be permitted to participate in 2010, but will not be

allowed to expand their service area. Further, Medicaid SNPs are required to provide prospective

enrollees with descriptions of benefits and cost sharing under the Medicaid program and which

are to be covered by the SNP. Chronic Care SNPs are required to comply with a revised definition

of a Chronic Care SNP; the Secretary is also required to convene a panel of clinical advisors to

determine which conditions meet the definition of a severe and disabling chronic condition.

MIPPA requires all SNPs to comply with certain care management requirements, such as having

an appropriate network of providers, performing enrollee health assessments, and arranging for

interdisciplinary teams to manage care for enrollees. By no later than January 1, 2010, SNPs are

required to collect and report data related to the care management requirements; the Secretary is

required to conduct a review of SNPs in conjunction with its periodic financial audit of MA plans.

Effective January 1, 2010, Medicaid Special Needs Plans (SNPs) serving dual eligible

beneficiaries are prohibited from charging cost-sharing in excess of what would be permitted

under Medicaid.

The MA Regional Plan Stabilization Fund is reduced to $1.00. A portion of the savings from the

regional plan bidding process continues to flow into the Fund and is available for expenditures in

2014. MIPPA extends for one year—from January 1, 2009, to January 1, 2010—the length of

time reasonable cost plans may continue operating regardless of any other MA plans serving the

area. It specifies that to prohibit the cost plan from participating after January 1, 2010, the two

plans in the service area must be offered by different organizations. Finally, MIPPA modifies the

minimum enrollment requirements for local or regional plans operating within the cost plan’s

service area. GAO is required to submit a report to Congress on the reasons why cost-based plans

may be unable to become MA plans. MIPPA establishes new prohibitions on the marketing

activities of MA plans and PDPs and their agents, brokers, or any third-party representatives.

Except in instances when the beneficiary initiates contact, plans will be prohibited from soliciting

beneficiaries door-to-door or on the phone. Cross-selling of non-health-related products,

providing meals to prospective enrollees, marketing in areas where health care is delivered (i.e.,

physician offices or pharmacies), and using sales agents that are not state licensed are also

prohibited. The provision requires that by November 15, 2008, the Secretary establish limitations

on other plan marketing activities such as co-branding, marketing appointments with prospective

enrollees, and agent compensation.

–Ž›’ŒŠ—ȱŽŒ˜ŸŽ›¢ȱŠ—ȱŽ’—ŸŽœ–Ž—ȱŒȱ˜ȱŘŖŖşȱȱ

ǻǰǯǯŗŗŗȬśǼȱ

ARRA established bonus payments for selected Medicare Advantage HMO-affiliated eligible

professionals and hospitals that were meaningful users of electronic health records.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řśȱ

ȱ

Ž’ŒŠ›ŽȱŸŠ—ŠŽȱ

ž‘˜›ȱ˜—ŠŒȱ —˜›–Š’˜—ȱ

(name redacted)

Specialist in Health Care Financing

[redacted]@crs.loc.gov, 7-....

Œ”—˜ •Ž–Ž—œȱ

Holly S. Stockdale, Analyst in Health Care Financing, contributed to this report.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řŜȱ

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