Health Policy
Mohamed E. Awad, MD, MBA
Khaled J. Saleh, MD, MPH, MHCM (Harv), FRCSC, CPE
Dr. Saleh or an immediate family member has received royalties from Aesculap/B.Braun; serves as a paid consultant to or is an employee of Aesculap/B.Braun, John Dingell VAMC, Legend Health, PLC, Saleh Medical Innovation Consulting, PLC, Sphere Orthopaedics and Regeneration, and VAMC – Surgical Institute of Excellence in Health Services & Research; serves as an unpaid consultant to Central Michigan University-College of Medicine and Michigan State University; has stock or stock options held in Right Mechanics; and has received research or institutional support from 3M/KCI. Neither Dr. Awad nor any immediate family member has received anything of value from or has stock or stock options held in a commercial company or institution related directly or indirectly to the subject of this chapter.
ABSTRACT
Over the past decade, orthopaedic practice and healthcare policies have been rapidly changing for better value. It is important to have an understanding of the cornerstones of the US healthcare system, such as Medicare, Medicaid, private payer reimbursement models and alternative payment models, patient protection, and the Affordable Care Act. There have been recent changes in healthcare policies that have affected orthopaedic care. These include the 2020 Hospital Outpatient Prospective Payment System, the Hospital-Acquired Condition Reduction Program, the Centers for Medicare & Medicaid Services CMS Star Rating system, regulations for ambulatory surgical centers, and price transparency.
Keywords: Affordable Care Act; insurance; Medicare; Medicare Access and CHIP Reauthorization Act; policy
Introduction
The US healthcare system is a unique and complicated collaboration between many different entities, all participating in the provision of patient care. The interplay between these entities continues to evolve dramatically over time, with practices and policies continually being repealed, adapted, or newly established in order to continue striving to provide optimal care at reduced cost. In the United States, per-capita gross domestic product costs of health care remain the highest of any developed country in the world1 (Figure 1), with an estimated $1 trillion of waste costs spent annually.2 National healthcare expenditures reached $3.8 trillion in 2018, accounting for 17.7% of the US gross domestic product.3
Orthopaedic surgery care is a large driver of healthcare costs.4 In 2018, total hip arthroplasty (THA) and total knee arthroplasty (TKA) were two of the four most common inpatient surgeries performed in the United States and were the two most commonly performed nonmaternal inpatient procedures.5 Spine fusions, femur fixations, and vertebral diskectomies were also among the top 10 surgical procedures performed during inpatient stays. In a 2019 analysis conducted by Blue Cross Blue Shield, expenditures for the management of orthopaedic pain conditions represented 14% of all health expenditures among their members, accounting for more than $54 billion in costs.6 Utilization of health services increased by 17% for knee replacements and 33% for hip replacements from 2010 to 2017.6
The Centers for Medicare & Medicaid Services (CMS) projected that by 2028, healthcare spending would reach $6.19 trillion and would account for 19.7% of gross domestic product. Private health insurance is projected to remain the largest source of healthcare expenditures in 2028.7 However, Medicare’s share is expected to grow as the population continues to age. Although Medicare paid for $1 of every $5 of healthcare spending in 2018, CMS projects that it will pay for $1 of every $4 of healthcare spending in 2028.3 The proportion of spending by third-party payers, public health activities, and investment is projected to decrease slightly from 2018 to 2028 from 15% to 13.5% of all health expenditures7 (Figure 2).
Over the past decade, the United States set forth an effort to address these costs and issues in access by addressing the quality, efficiency, and safety of health
care. Passage of the Patient Protection and Affordable Care Act and the Medicare Access and Children’s Health Insurance Program (CHIP) Reauthorization Act (MACRA)8 revolutionized health care and were both implemented to promote increased quality of care, while also improving patient outcomes and reducing healthcare expenses. An understanding of the history and intricacies of healthcare policies is crucial in continuing to provide patients with excellent care and being able to adapt to a changing healthcare environment.
care. Passage of the Patient Protection and Affordable Care Act and the Medicare Access and Children’s Health Insurance Program (CHIP) Reauthorization Act (MACRA)8 revolutionized health care and were both implemented to promote increased quality of care, while also improving patient outcomes and reducing healthcare expenses. An understanding of the history and intricacies of healthcare policies is crucial in continuing to provide patients with excellent care and being able to adapt to a changing healthcare environment.
Federally Funded Health Care
The United States first developed a privatized healthcare system after it lacked the necessary funding after World War II to create an often-discussed universal health plan.9 However, the need to ensure health services for a large portion of the population was undeniable. Under the leadership of President Lyndon B. Johnson, the US Congress impelled a radical change to healthcare coverage by adopting the Social Security Amendments of 1965, establishing both the Medicare and Medicaid programs.10 Although both programs vary and have undergone several different iterations over the years, they currently represent the predominant form of government-funded health care in the United States.
Since the creation of these programs, the federal oversight has also shifted over the years. The Bureau of Health Insurance, under the Social Security Administration, first oversaw Medicare. The Social and Rehabilitation Service was responsible for the administration of Medicaid. At the inception of these programs, these branches were both treated as individual arms within the Department of Health, Education, and Welfare. However, in 1976, the federal government established the Health Care Financing Administration, which became the first branch of government to manage both Medicaid and Medicare. The Health Care Financing Administration was renamed the Centers for Medicare & Medicaid Services (CMS) in 2001, persisting as the existing governing body for federally funded health care.
Medicare
The passage of the Social Security Amendments of 1965 ushered in the development of Medicare, providing insurance for all US adults at least 65 years of age. Prior to establishment of Medicare, only an estimated 60% of adults older than 65 years had access to medical care. Since its inception in 1965, Medicare has expanded to cover three primary populations: (1) people age 65 years or older, (2) people younger than 65 years with certain disabilities, and (3) all people with end-stage renal disease. Approximately 20% of Medicare beneficiaries age 65 years or older are covered solely by traditional Medicare, whereas 80% are enrolled in another form of additional insurance coverage to supplement Medicare.11
Original Coverage
At its creation, Medicare was composed of two parts: Part A and Part B. Part A provides coverage for inpatient hospital visits, skilled nursing facilities, some home healthcare services, and hospice care. Medicare Part A is funded by mandatory payroll deductions. Furthermore, 99% of beneficiaries do not pay any deductible for care. For the 1% of patients with less than 10 years of Medicare-covered employment, inpatient hospital visits require an annually adjusted deductible, which the Social Security Administration has set at $1,484 as of the 2021 calendar year.11 Those with less than 40 quarters of covered employment must also pay a monthly premium that is also adjusted annually by the Social Security Administration.
Medicare Part B is a supplementary insurance that covers physician services, outpatient services, certain home health services, durable medical equipment, and other specific medical and health services not covered by Medicare Part A. Durable medical equipment may include canes, walkers, wheelchairs, mobility devices, and prosthetic devices. Part B is financed through a combination of premiums paid by enrollees and appropriations from the federal budget. After the annual deductible is met, Part B enrollees are subject to a 20% coinsurance rate. However, Part B covers 100% of preventive services that the US Preventive Services Task Force designated as grade A or B types of preventive screenings such as yearly mammograms and osteoporosis screening.11
Medicare Expansion
Rising healthcare costs in the 1990s became a major concern for the federal government. Maintaining the Medicare program, however, was a major priority, and in 1997, Congress passed the Balanced Budget Act in an effort to balance the federal budget in 5 years. To accomplish this goal, Medicare was expanded. New policies allowed for the coordination between private insurers and Medicare administrators to provide alternatives to the traditional Medicare, thereby placing more of the costs on the individuals. Medicare Part C, also known as the Medicare Advantage plan, offers beneficiaries a combination of Part A and Part B benefits—commonly along with Part D—through approved private insurance entities. Part C offers beneficiaries the flexibility of enrolling in a health maintenance organization (HMO) or preferred provider organization (PPO), while still receiving traditional
Medicare benefits. Enrollment in Medicare Advantage has steadily grown over time and in 2019, approximately one-third of people enrolled in Medicare were enrolled in the Medicare Advantage plan. Specifically, more than 60% of those enrolled in Medicare Advantage select a generally more affordable HMO plan, which can lead to barriers to obtaining specialist care and restrictions to obtaining certain medications.
Entities receive rebates from the federal government for offering Medicare Advantage plans. They are, however, required to use a portion of the rebates to reduce premiums, offer additional benefits, or lower cost sharing for enrollees. Furthermore, enrollees in Medicare Advantage often tend to receive benefits not covered by traditional Medicare, including but not limited to fitness benefits, dental benefits, and eye examinations.
The government further expanded Medicare with the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, creating Part D. Part D provides coverage of prescription drugs to all Medicare beneficiaries through private sponsors regulated by Medicare. Enrollees may voluntarily elect to enroll in Part D, paying a monthly premium and deductible to shield themselves from increasing drug costs.
Current Cost and Sustainability
When Medicare was first established, it covered 19 million US adults. As of 2020, Medicare serves as health insurance for an estimated 61.2 million US adults, a number projected to steadily grow to 80 million in 2030 as the Baby Boomer generation (those born between 1946 and 1964) continues to age into Medicare. Despite many of the changes to increase cost sharing, spending is projected to grow from $750.2 billion in 2018 to over $1.5 trillion in 2028,3,7 although these projections are less certain after the effects of the SARS-CoV-2 pandemic. Calls for Medicare expansion have grown in recent years. Policy changes that are possible in the near future include reduction of the Medicare eligibility to age 60 years and including coverage for dental and vision plans. Medicare expansion would also dramatically increase projected future Medicare expenditures.
Medicaid
The US government established Medicaid under Section XIX of the Social Security Amendments of 1965 as a collaborative effort between federal and state governments to provide a public health support system for low-income Americans.10 At its inception, Medicaid eligibility was tied to welfare assistance from the government. The scope of Medicaid has evolved dramatically since 1965 as it now encompasses coverage for many pregnant women, people with disabilities, and children in low-income families. Medicaid is structured as a federal and state government partnership. This partnership is jointly financed, and the federal government matches state Medicaid spending. Each state has the flexibility to set its own Medicaid spending budget and establish guidelines, in accordance with certain federal requirements, of eligible populations, covered services, and physician and healthcare institution reimbursement models.
Federal guidelines establish that states must cover four mandatory populations to be eligible for federal funding: (1) children in families with income below 138% of the federal poverty line, (2) pregnant women living below 138% of the federal poverty line, (3) certain parents and caregivers with low income, and (4) most seniors and people with disabilities receiving cash assistance through the Supplemental Security Income program. The rate of federal matching may vary from 50% to 75% depending on state per-capita income levels. In addition, the federal government provided up to 100% matching for 2014 to 2016 and now 90% matching beyond 2020 to support Medicaid expansion at the state level, as outlined in the Affordable Care Act.
Because of its support of low-income individuals, Medicaid is a countercyclical program with a dynamic number of enrollees. In times of economic downturn and economic uncertainty, many Americans lose their jobs and, thus, their employer-based insurance coverage. During the financial crisis of 2008 and its aftermath, Medicaid enrollment increased by more than 10 million people12 to support the burgeoning need of health care in these newly uninsured people. Federal matching helps to reduce the financial pressure on state governments facing constrained budgets during periods of financial uncertainty. Medicaid currently covers approximately one in five Americans and accounts for 16% of healthcare spending in the United States. In fiscal year 2019, Medicaid spending totaled approximately $604 billion, with an additional $22 billion in expenditures for administrative costs and accounting adjustments.
The State CHIP was established under the Balanced Budget Act of 1997 to provide health insurance to millions of children who are born into families with incomes above the Medicaid threshold but too low to afford traditional private health insurance plans. This program is designed similar to Medicaid as a federal-state partnership but is characterized by an enhanced federal match rate. States have the ability to design their State CHIP independently of Medicaid, but many elect to combine this program with Medicaid.
Private Health Insurance
Private health insurance plans accounted for 34% of all US health insurance expenditures in 2018, representing the largest single source of insurance coverage.13
Individuals may either directly purchase or receive private health insurance coverage from their employers. Prior to the effects of the coronavirus pandemic on the economy, in 2019, private health insurance covered 67.3% of the US population.14
Individuals may either directly purchase or receive private health insurance coverage from their employers. Prior to the effects of the coronavirus pandemic on the economy, in 2019, private health insurance covered 67.3% of the US population.14
Health Maintenance Organizations
HMOs are a type of managed care organization that provides integrated care for a patient among an integrated group of providers within the insurer’s system for a certain set payment rate for their services. These providers generally are either employed directly by the HMO or work with a separate group contracted by the HMO. These plans generally offer less expensive health premiums and lower out-of-pocket costs than other types of private insurance; however, these are much more restrictive, providing no out-of-network coverage.
HMOs generally underscore the importance of preventive medicine in their plans, requiring primary care physicians (PCPs) to act as gatekeepers to the medical system. These PCPs only authorize specialty referrals if the HMO guidelines deem them as medically necessary. Moreover, these plans may delay access to specialty care for some patients. If patients decide to visit a healthcare provider out of their network, they may face considerable out-of-pocket costs in nonemergency situations.
Preferred Provider Organization
A PPO, akin to an HMO, is another type of managed care organization, with a few critical differences. In a PPO, covered populations are encouraged to visit in-network providers for a lower fee. However, patients have the flexibility to seek out-of-network care at a slightly higher cost. Patients in PPO plans may also seek in-network specialty care without a referral from a PCP, and many may elect not to have any consistent PCP. However, these plans are associated with slightly higher premiums and cost sharing than HMO plans.
Point-of-Service Plans and Exclusive Provider Organizations
Point-of-service plans and exclusive provider organizations offer different blends of the traditional HMO and PPO plans. Point-of-service plans allow for the flexibility to seek out-of-network care while still encouraging in-network visits through reduced costs. However, these plans still require patients to first obtain authorization from a PCP to access specialty services, as with HMOs. Exclusive provider organizations restrict all out-of-network care but do not require a PCP to authorize access to healthcare specialists.
Other Private Insurance Plans
Catastrophic or high-deductible health plans offer exceptionally low monthly premiums in exchange for remarkably high monthly deductibles. These plans are designed to offer health insurance for younger, healthier people who may not use health services often but still require protection from high-cost emergency or worst-case situations. To be eligible for these plans, enrollees must either be younger than 30 years or receive an exemption from the government. These plans offer insurance after the deductible is met each year and cover the 10 essential benefits covered by other marketplace plans. As of 2020, the deductible for all catastrophic plans is $8,150.15
Health savings accounts (HSAs) and flexible spending accounts allow for employers and/or employees to contribute a portion of pretax earnings to healthcare expenditures. By paying for services with pretax income, individuals may be able to reduce overall healthcare costs. Premiums are not usually eligible for coverage by these plans, but deductibles, copayments, and some other expenses are covered. To qualify for an HSA, an individual must be enrolled in a high-deductible health plan, because HSAs act to help mitigate the high deductibles. HSAs can be beneficial for users in that any funds in the HSAs that are unused can be rolled over to the following calendar year annually. Flexible spending accounts function as a line of credit, allowing the user to pay for services beyond what they currently can afford as long as they are expected to be able to obtain the funding by the end of the calendar year. Flexible spending accounts can be used to cover a wider variety of services than an HSA. One such benefit can be coverage of childcare expenses. However, unlike an HSA, any funds not used by the end of the year are lost.
Care Reimbursement
Revenue Cycle Management
From a patient’s initial encounter with the healthcare system to the final payment of balances, hospital systems around the world engage in basic revenue cycle management to track all revenue from patients. Revenue cycle management can provide key insights to a healthcare institution’s performance and expose barriers to driving improved financial results. Failure to adequately track all patients may often result in delayed payments or instances where no payment is received. Furthermore, health systems may often outsource these responsibilities to specialized companies. Often strategies for a particular health system may involve staffing changes, risk mitigation, cost reduction, and attainment of key performance indicators.
Diagnosis-Related Groups
First conceptualized through a multidisciplinary team at Yale University, diagnosis-related groups (DRGs) were introduced to classify products that a patient receives for a care episode.16 The US government established the Medicare Inpatient Prospective Payment System in October 1983 to use DRGs for Medicare reimbursement in efforts to control rising care costs. Healthcare providers around the United States use diagnostic codes for any patient diagnoses. CMS then reclassifies patients via their assigned primary diagnostic code, up to 24 additional diagnoses, and up to 25 procedures during a hospital stay into one specific Medicare Severity Diagnosis-Related Group (MS-DRG). MS-DRGs are distinct from DRGs because many groups are subdivided into those with or without complications or comorbidities. CMS establishes payment using the average cost of all patients within the same MS-DRG. The total number of MS-DRGs may change annually to incorporate newly defined diagnoses and new technologies, but all are intended to be clinically coherent cohorts wherein all patients have similar conditions. As of 2021, CMS recognizes 767 approved MS-DRGs, of which 75 comprise most orthopaedic surgery care episodes.17 Importantly, MS-DRG 470, major joint replacement or reattachment of the lower extremity without major complication or comorbidity, represented the fourth most common primary diagnosis among all DRGs.18
Physician Fee Schedule
CMS uses a Medicare physician fee schedule to reimburse providers for services rendered through a measurement of relative value units (RVUs). RVUs are determined based on the complexity of a service and resource use with geographical adjustment on a common scale. Changes to the high-deductible health plans must not exceed $20 million in expenditures annually. Moreover, annual updates to increase payments in one area are met with decreases in other areas. Orthopaedic surgery practices, along with other specialty providers, are bracing for drastic cuts in the high-deductible health plans over the coming years. Recently CMS proposed cuts of 5% across all orthopaedic surgery RVUs, with an additional 5.4% reduction in RVUs for hip and knee arthroplasty procedures. The federal government faced increased pressure from all orthopaedic surgery societies and postponed payment cuts because of the effects of the COVID-19 pandemic. However, access to orthopaedic surgery care may be threatened over the coming years if proposed cuts are implemented.
Hospital-Acquired Condition Reduction Program
In 2008, CMS implemented the Hospital-Acquired Conditions (HACs) Initiative, aiming to increase emphasis on value-based care.19 A HAC is defined as a medical condition or complication not present at admission that develops in a patient during a hospital stay. This initiative identified 14 incidences as HAC-defining events, listed in Table 1. Eight conditions are serious reportable events, including foreign object retained after surgery, air embolism, and ABO incompatibility. Five are harmful conditions that occur more often yet are believed to be reasonably preventable if accepted standards of care are followed: stage III and IV pressure ulcer; falls and trauma leading to fractures, dislocations, head injuries, burns, or other trauma; catheter-associated urinary tract infection; vascular catheter-associated infection; and surgical site infection (SSI).
The HAC for SSIs was expanded in the fiscal year 2009 rules to include those following specific orthopaedic procedures and infections following bariatric procedures. An 11th and 12th HAC were also identified: one for serious complications of diabetes acquired during a stay (manifestations of poor glycemic control) and one for deep vein thrombosis or pulmonary embolism following certain orthopaedic procedures.
The HAC Reduction Program became effective in October 2014, aimed at penalizing hospitals experiencing high rates of the aforementioned complications.
Hospital systems with HAC scores in the bottom 25th percentile would see reduced payments of 1% over the fiscal year.20 Aside from reduction in payments as a result of poor HAC scores, these adverse events have direct economic effects. The concept behind linking these adverse events with financial penalty was to create an added layer of institutional incentive, in addition to providing higher quality of care, in an attempt to reduce, or even eliminate, these HACs. In the United States, the incidence of HACs across an inpatient sample of 351 million admissions was 4%, or 1 in 25 inpatient stays.21 This rate might vary depending on multiple factors including patient-specific, surgical-specific, and hospital-specific risk factors. By defining some of the risks associated with the most common HACs in common orthopaedic procedures, payers can more appropriately risk-stratify patients prior to surgery. This can be of benefit to both the patient and the provider. There will be less risk associated with surgery performed on a more high-risk patient, leading to more opportunities of care for the patient and less risk of penalty to providers.
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