More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Linda Bergthold

GET UPDATES FROM Linda Bergthold
 

Essential Benefits -- Who Decides?

Posted: 12/16/11 07:31 PM ET

Since the passage of health reform (Affordable Care Act), many have wondered what would be covered in the benefits offered through the State Exchanges. We have been reassured that the benefits that are "essential" would be comprehensive yet affordable. But essential to whom? What is an essential benefit and who gets to decide? Tough questions. No easy answers.

Today HHS released a bulletin punting part of the issue to the States. States will have more "flexibility" to determine what is in the essential benefit package. Of course, not complete flexibility. These benefit plans MUST include, at least, the ten categories of benefits that are defined in the law. Those categories include:

Section 1302(b)(1) provides that EHB include items and services within the following 10 benefit categories: (1) ambulatory patient services, (2) emergency services (3) hospitalization, (4) maternity and newborn care, (5) mental health and substance use disorder services, including behavioral health treatment, (6) prescription drugs, (7) rehabilitative and habilitative services and devices, (8) laboratory services, (9) preventive and wellness services and chronic disease management, and (10) pediatric services, including oral and vision care.

Do you see anything that is missing? Do you see anything in this list that a plan offered to an individual or small group in your state might NOT include? Look again. Item #7 -- "habilitative" services and devices;" and item #10 -- "pediatric services, including oral and vision care." These categories are not commonly found in the more restrictive plans offered to individuals and small groups. In fact, the concept of a "habilitative benefit" is not widely understood nor is there a common definition, particularly among private insurance pans. HHS acknowledges that some plans in a state might not include those services, so they are working on a way to better define these services and allow states the "flexibility" to get creative about how they offer these services. For people who may need help maintaining function not just regaining it, this is a process they should watch very carefully.

Here are some questions that you might want to know about what is unfolding:

1) Why give states more flexibility to define what services are essential? Is a person in Florida really all that different from a person in Nebraska? Are there diseases in Florida that do not occur in Nebraska? Not really. The idea of "state flexibility" is often proposed to mitigate political opposition and deflect charges that this is a government takeover of health care. But it probably won't work here, because the law actually does define what is essential -- the ten categories. And there is no real flexibility for states to drop an entire category.

2) The law says that benefits must be equivalent to a "typical employer plan." Who defines what is typical? Is there any such thing? Actually, HHS went to some trouble to try to figure that one out. They analyzed a variety of benefit packages in the states and determined that the real variation was not so much across the ten categories (except for habilitation and oral and vision care for kids), as in the cost sharing for these services. So states can vary cost sharing and they can also choose what a typical or "benchmark" plan will be -- it could be the largest commercial HMO plan in the state, the largest small group plan, or a state or federal employees plan. If a state declines or is unable to choose a benchmark, there is a default benchmark which the state must choose.

3) What if a service I need is not considered "essential?" Where does chiropractic care fall in the ten categories? What about acupuncture? In vitro fertilization? Contraception coverage? Contraception coverage WILL be considered essential (if it is FDA-approved). That question has already been asked and answered by HHS. As for other services, this will be a state by state decision.

4) If your state already mandates that certain services be included in the benefit packages sold in my state, what happens to those benefits? There are literally hundreds of state mandated benefits across the 50 states, and there is considerable variability. Only a few states mandate autism services; many more mandate chiropractic. But here is where HHS most definitely punted and even poked states a bit in the eye. Since there was no way that all state benefit mandates could be included in a benefit package that was still affordable, HHS left it to the states to pay for the mandates they had already passed -- and states have to include those mandates in the essential package, at least for the first few years of the Exchange. State mandates are a mixed bag. Some are lobbied by the providers themselves; others by consumers and families. If you are giving states flexibility about adding services, it makes sense that they should have to live by the decisions they have already made.

5) How did HHS define a "medical necessary" benefit? They apparently did not. Even though the Institute of Medicine report recommended that this term of art be based on evidence not just the judgment of an individual doctor, HHS has not yet issued their recommendations. You may never have encountered a denial from your health plan because the service you and your doctor requested was not considered "medically necessary." But it is important to understand how this term is used in your plan. Appeals are a worthless exercise if you, as a consumer, do not understand the process by which a plan determines what they will pay for.

What is good about what the essential benefits as we understand them now? For one thing, mental health and substance abuse services are considered essential -- and that means no annual or lifetime limits, just as with medical services (after 2014); maternity care is included and essential, and not all small group or individual plans include maternity care; children can get some vision and dental care; if you have had an accident and you need ongoing physical therapy, there is a chance you can continue to get coverage to maintain your level of physical ability. Also, if your state mandates coverage of services you value, like acupuncture or chiropractic care, those benefits will be included as well.

What's next for essential benefits? There is a comment period during which time any person or group can submit their opinions and questions to HHS. ( Public input on this proposal is encouraged. Comments are due by Jan 31, 2012 and can be sent to: EssentialHealthBenefits@cms.hhs.gov.) Sometime in 2012, HHS will issue final regulations. And then? Well, check out what is going on in your state. 2014 is not that far away.

 

Follow Linda Bergthold on Twitter: www.twitter.com/lab08

Since the passage of health reform (Affordable Care Act), many have wondered what would be covered in the benefits offered through the State Exchanges. We have been reassured that the benefits that a...
Since the passage of health reform (Affordable Care Act), many have wondered what would be covered in the benefits offered through the State Exchanges. We have been reassured that the benefits that a...
 
 
  • Comments
  • 137
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
Vyslichajici
private american citizen
12:02 AM on 12/18/2011
how about lasik?
ortho-k therapy for kids?
dental impants instead of bridges?
insurance companies are profit centers, not health care providers.
the american system is absurd and needs reform.
photo
Enea
Novus Ordo Seclorum
09:45 AM on 12/18/2011
of course insurance companies are profit centers. They could care less about your health
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
11:10 PM on 12/17/2011
"Where does chiropractic care fall in the ten categories? What about acupuncture? In vitro fertilization?"

A. Hopefully nowhere chiropractry is anti-scientific quackery.
B. Acupuncture is no more effective than a placebo
C. In vitro is the definition of an "elective" medical procedure. Plus its quite irresponsible in the first place. Natural selection should be allowed to run its course.
Vyslichajici
private american citizen
12:03 AM on 12/18/2011
not so.
there is a place for the work they do to rehabilitate injuries as part of physical therapy.
you are just wrong.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
12:50 AM on 12/18/2011
Really I am not. Physical therapy != chiropractry
Vyslichajici
private american citizen
12:07 AM on 12/18/2011
by definition, natural selection has favored those who have gotten a baby with in vitro.
the thinking you have provided is shallow and its tone is unjustifiably self-righteous.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
12:49 AM on 12/18/2011
Umm...how? In vitro = unnatural means of impregnation = unnatural selection
This user has chosen to opt out of the Badges program
10:02 PM on 12/17/2011
"No easy answers". ??????????


Uninsured?........... Single Payer is the answer.
Unaffordable?....... Single Payer is the answer.
Unemployed?....... Single Payer is the answer.
Inaccesible?.......... Single Payer is the answer.
Worry Free?.......... Single Payer is the answer.
No paperwork?..... Single Payer is the answer.
No Middleman?.... Single Payer is the answer.
No profit motive?.. Single Payer is the answer.

Whatever's the question - Single Payer is the answer.

--------­-­------ Per capita costs for the year 2009 ----------­------

United States........ $7,960 .... 100% of US per capita cost.
Canada................. $4,363 ...... 55% of US per capita cost.
France.................. $3,978 ...... 50% of US per capita cost.
Germany............... $4,218 ...... 53% of US per capita cost.
United Kingdom.... $3,487 ...... 44% of US per capita cost.
Japan.................... $2,878 ...... 36% of US per capita cost.

Using the Canadian model and applying their per capita cost to the US population, we could cover EVERYBODY AND SAVE over $3,597 per person per year.

Switch to Single Payer, save a TRLLION DOLLARS EVERY YEAR, cover every man, woman and child, have better outcomes and........

Thats' what we lose EVERY YEAR that we DON'T adopt a single payer/universal health care system as is available in most Western countries.

Say goodbye to insurance company profits and individual bankruptcies due to medical costs.

No Fuss. No Bills. Everybody covered.
That's Single Payer.
10:42 PM on 12/17/2011
People need to start thinking about rationing health care - there I said it. In the UK I have heard they just give you some pills and send you home if you are old enough and have a heart problem. I am not sure most Americans are really ready for this, but they need to be. It is CRAZY to spend so much money to give people a few more years of poor quality life. My brother in law's 80 year old alcoholic father was actually considered for a medicare funded liver transplant. Ridiculous! He was declared too ill for it and died less than a year later. We have a bit of a problem with death in our society and need to start talking about it. I knew a smoker who have TWO state funded (state program for low income people) quadruple by-pass surgeries (didn't quit smoking) and finally died of a heart attack before he was 60. We need to really look at the cost and the potential benefits of these treatments and saying "no" to some people. Its the only way the costs will come down.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
11:10 PM on 12/17/2011
All healthcare is rationed. In many countries it is rationed according to need. In the US it is rationed according to wealth.
photo
Medicine13ear
Jesus wore a hoodie.
11:11 PM on 12/17/2011
Now there's a choice worth giving Americans! Shopping for a healthcare plan? I'll have what France is having!
08:20 PM on 12/17/2011
If stand alone vision plans are not allowed in the exchanges but 90 percent of Americans access vision care through these channels and vision exams can detect chronic diseases like diabetes how is that a good thing?
photo
HUFFPOST BLOGGER
Linda Bergthold
Health policy consultant
08:31 PM on 12/17/2011
That's a good point and some Congress people, mostly Democrats, have petitioned HHS to allow stand alone vision plans to be included. Here are the legislators who support that. NOTE that the association of eye doctors does not support this.

"Signing the letter were: Energy and Commerce Democrats Doris Matsui (CA) and Anna Eshoo (CA), Ways and Means members Mike Thompson (D-CA) and Ron Kind (WI), Democratic Congressional Campaign Committee Chair Steve Israel (NY), Rules Committee Ranking Member Louise Slaughter (NY), Appropriations member Lucille Roybal Allard (CA), education and labor member Mazie Hirono (HI) and freshman member Colleen Hanabusa (HI).
08:14 PM on 12/17/2011
Citizens will be expected to budget for coverage of non-essential services just as they would food, but of course only the most cautious will do so. When employers stop offering health care, there will be milliions of resignations, since it is the most important benefit of work for many multi-income families. Whether this is a good or bad thing I'm not sure. Perhaps companies will offer medical gap protection only.
08:13 PM on 12/17/2011
This is a perfect example why govt should stay out of our health care.

"Essential" is up to the individual patient or patient's family and will always depend on the circumstances. Bureaucrats and politicians should not be deciding what is essential.

Food and water are essential to life but govt does not provide those or define what is essential for all of us.

Central planning collapsed with the fall of Communism and is an antique in our current internet & info savy societies. Let this antique go.
10:49 PM on 12/17/2011
What we have now is that the very poor and the middle class have virtually unlimited heath care. The working poor have nothing. We need to start talking about how dumb it is to spend so much money to give people who are already old a few more years of low quality life. My wife knows a man who is dying of cancer. He doesn't want the treatment his doctors are pushing because it didn't work the first time they tried and made him feel much worse. His wife is pushing him to go through with it because she is not ready for him to go. We CAN'T leave this up to the individual - they are not ready to make the hard choices. The gov should provide basic health care to those who need it - more advanced stuff should come from add-on policies.
11:15 PM on 12/17/2011
Are you advocating inidividuals should be required to accept treatment against our wishes? Count me out on that one.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
11:11 PM on 12/17/2011
Essential has nothing to do with the patient or the patient's family. Since when are randomly selected people medically qualified to make such determinations?
11:44 PM on 12/17/2011
So you want bureaucrats or politicians to decide what treatments you will get?
04:04 PM on 12/17/2011
We should let the patients decide. Instead of paying for treatment after the fact (a blank check) or providing public money to buy insurance from a company that most provide care payments and squeeze out a profit, why not use the Food Stamp Model for all public health care (Medicare, Medicaid, etc.). Let's give those who are impoverished 'Medical Stamps' (say initially $2,500 per annum or $10,000 for a family of 4) denominated in dollars that the 'poor' patient can use as they see fit. This restablishes the doctor patient relationship and gives the patient an incentive to price shop for care since the dollars available are very limited. If these initial funds are exhausted, then the government can conduct a thorough audit of expenses to date, as well as the seriousness of the individual's current ailment to determine if any additional assistance is appropriate. This also eliminates the potential for docor fraud since they will not be able to bill for services rendered, but will only be able to cash in the Medical Stamps, like grocery stores do with Food Stamps. Finally, he government can fund catastrophic insurance for high cost, rare events. The government and private insurers need to get out of the business of paying for day to day care because it just drives prices up.
05:57 PM on 12/17/2011
Hey, great idea for bringing about "smaller government" - create a whole new government bureau to audit the health care bills of every poor person in the country. Tell me, do they come to your house to go through your bills, or do you send them in and wait six months before they tell you if you're allowed more medical coverage that year?

How is a food stamp-like coupon going to prevent the doctor from charging for services rendered? If an office visit costs $125, then presumably the doctor will collect $125 worth of "health care stamps," just as a grocery store will take $2.00 worth of food stamps to pay for a $2.00 loaf of bread.

How is that going to "reestablish the doctor-patient relationship"? If poor people use Medicaid then they already see a doctor, presumably the same doctor if they choose, and Medicaid pays for it. What is there in the current system that prevents a doctor-patient relationship? The only way that happens is when people can't afford health care and go to free or reduced-price clinics, and therefore see whatever doctor is on duty that day.

I'm not sure you've thought these proposals through carefully, or else I don't understand where you think the savings will come from.
photo
HUFFPOST SUPER USER
ipolitics123
What an excellent day for an exorcism.
08:09 PM on 12/17/2011
Um, I think you just described Medicare Vouchers.

http://www.washingtonpost.com/blogs/right-turn/post/interview-with-rep-paul-ryan/2011/12/15/gIQAEqRlwO_blog.html
T-Haight
What was wrong with federalism?
03:04 PM on 12/17/2011
Here we are, over a year after Obamacare was signed into law, and NOW the would-be protectors of the masses realize that Washington bureaucrats are going to be making most of the decisions?

Talk about slow learners. Maybe this is the kind of thing that should have been thought about BEFORE the bill became law - but as Nancy Pelosi said, "We have to pass this bill so people can find out what's in it."

Next thing you know we'll learn that the dedicated taxes to fund Obamacare don't even cover the costs when businesses start dumping employees into the exchanges...
05:59 PM on 12/17/2011
We pretty much have two choices about who decides what's covered under health insurance - either the insurance companies decide in a way that will most generously impact their bottom line, or bureaucrats trained in health fields decide without being negatively influenced by the profit motive.

I know which I'd prefer.
T-Haight
What was wrong with federalism?
08:05 PM on 12/17/2011
You really believe that the bureaucrats will be trained in health fields as opposed to bean counters?

Maybe at first. There's no guarantee it will stay that way. At least when the insurance companies are setting coverage you have the option of getting a different company - under the one-size-fits-all formula, that's no longer an option.
10:28 PM on 12/17/2011
No, those are not the only choices. Patients need to decide what they want to pay for like everything we consume to live (food, water, housing, etc.)
photo
HUFFPOST SUPER USER
ipolitics123
What an excellent day for an exorcism.
08:11 PM on 12/17/2011
The dedicated taxes WON'T fund Obamacare. Everybody knows it. They lied and rammed it through anyway, then they're going to say "We had NO IDEA!" when the bills start coming in.

They didn't extend healthcare to 15 million Americans, they destroyed it for 300 million Americans.
This user has chosen to opt out of the Badges program
01:43 PM on 12/17/2011
The real issue is that America spending too much on health care compared to other industrialized nations and we are not much healthier than them.

http://www.pbs.org/wgbh/pages/frontline/sickaroundtheworld/etc/graphs.html
http://www.pbs.org/wgbh/pages/frontline/sickaroundtheworld/countries/
http://www.pbs.org/wgbh/pages/frontline/sickaroundtheworld/countries/models.html

More choices do not translate to neither lowering health care cost nor healthier society.

About defining essentials benefits, it would be simpler to decide by first starting out with assumption of not having any benefits at all to start out with and preventive care at first. It's has been shown that it is more cost effective to spend on preventive care than reactive care.
photo
HUFFPOST SUPER USER
joyf1
Glad I live on an island.
10:57 PM on 12/17/2011
Compare the obesity rates in the USA compared to those other industrialized nations and see what it looks like.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
11:14 PM on 12/17/2011
All the more reason for preventative care, which would address obesity before it brought on its negative consequences. Plus obesity rates are rising to american levels quite rapidly in western europe.
This user has chosen to opt out of the Badges program
01:46 AM on 12/18/2011
It didn't happen over night, isn't it?

Our diet has some to do with it and it started at young age. And if US congressmen and women believed pizza is vegetable, then God helps us all. It won't matter how many more private health insurance companies that we are going to have.

http://www.huffingtonpost.com/2011/11/16/pizza-vegetable-school-lunches-lobbyists_n_1098029.html
This user has chosen to opt out of the Badges program
Realist2011
beware false profits....
01:42 PM on 12/17/2011
Healthcare is costing this country plenty. Lack of universal care is even more expensive. Dump the insurance companies. They're predators.

Here are two personal examples. I lived in a state that had strict regulation of insurance companies (since the 70's). They could not refuse to insure you, or charge you outrageous rates for pre-existing conditions. If you worked more than 19 hours a week, the employer paid your insurance in full. Insurance for your family could be bought at a reasonable price. I was insured there for over a decade, so under HIPAA, when I moved, I should have been able to get similar insurance at a similar price.

The insurance companies said they had nothing "similar" (BCBS in both states) so my rate would be almost 4 times what I had been paying for the family, just for my coverage. No pre-existing conditions would be covered, period. So four times as much, to cover almost nothing.

But, while I was still insured, I was in a wreck in another state while traveling, and Life-Flight was called. My insurance company refused to pay for the helicopter flight as they weren't sure it was necessary. I sent them a letter explaining I didn't have a choice. Then they said it didn't matter, because they don't cover those kinds of flights out-of-state.

We're just going to have to choose the "least bad" solution.
06:01 PM on 12/17/2011
Thanks for sharing that story. It's astounding that health care alternatives vary so much from state to state, and so much within states, depending on one's circumstances. I know the Republians like to think of the states as "laboratories" for testing these things, but I can tell you as a resident of a red, red, red state, that to think our state legislature and extremist governor making those decisions terrifies me.
photo
HUFFPOST SUPER USER
Izzy66
Agree to Disagree
07:09 PM on 12/17/2011
I live in Texas, where Christian Governor Perry believes I should just go ahead and die since I can't afford health insurance.
photo
HUFFPOST SUPER USER
joyf1
Glad I live on an island.
10:59 PM on 12/17/2011
I believe every red state has an extremist governor! faved! (fanned you long ago)
12:51 PM on 12/17/2011
It's difficult because there are no essential benefits.
photo
HUFFPOST SUPER USER
jerryengelbach
Working class heritage
12:37 PM on 12/17/2011
The dropping of long-term care was a huge disappointment.
This user has chosen to opt out of the Badges program
02:42 PM on 12/17/2011
I agree.
11:58 AM on 12/17/2011
Instead of insuring people for day to day care, we should only provide insurance (public or private) for catstrophic care. For the poorest of the poor, rather than insurance that pays for all expenses after the fact, we should give people (medical care stamps) like food stamps that they can use as they see fit. It would give them an incentive to price shop and drive prices down. It would cerainly be an improvement on paying the expenses of an emergency room visit to get a couple of aspirin.
12:19 PM on 12/17/2011
So according to you society should wait until a disease becomes catastrophic and costs 10's of thousands before they are treated ? Penny wise and just purely pound stupid.


If people had access to prevention and treatment of illness BEFORE it becomes catastrophic or life threatening, that's what drives prices down.
e.g. diagnosing diabetes early and initiating treatment will cost a hell of a lot less than waiting until they get so ill they have circulatory problems and renal failure. Same with hypertension.
I know I've been an RN for 40 years.
This is the problem with high ded. insurance also. People cannot pay the high costs in the deductibles so they wait until they are seriously ill to get treatment.
01:52 PM on 12/17/2011
Exactly. This is a recipe for guaranteeing poorer health for Americans and higher medical costs in the long run.

On the other hand, if this goes the way it's expected to - that is, placing more and more of the costs on individuals, including low income seniors - then there'll be even more people dying of treatable illnesses, thus fewer people on SS and Medicare. If we go far enough in this direction, it's guaranteed to lower overall costs.
This user has chosen to opt out of the Badges program
12:54 PM on 12/17/2011
Your plan would not support the medical system we currently have. And I bet you would be the first one to howl at the notion of paying cash for everything that isn't considered catastrophic.
11:53 AM on 12/17/2011
Why decide "which or who" is more "important"? Just cut 30% across the board - seems these decisions are really based on which government union to protect - not the taxpayers.
photo
Libby123
Where are we going? Why are we in this handbasket?
01:50 PM on 12/17/2011
"Just cut 30% across the board"??

American healthcare delivery for people who cannot afford "Cadillac plans" is already cut to the bone. To cut it even further is simply the same as meeting them at the ER door and shooting them through the heart. Y'know... to save all that expense.

You give yourself away with a comment like yours. You should consider reading the article itself instead of just the headline. It's about requirements for levels of care that will be covered by health insurance plans, not about government unions.
05:12 PM on 12/17/2011
That's the problem- I keep giving myself away because you faux intellectuals who live off taxpayer funds keep giving it away. How much reasonable health care could be provided to bonafide US citizens if we did cut 30% of union benefits which includes all the free lap band surgeries you people feel entitled to? How about eating less during working hours.
photo
phal4875
The world is run by cats; we just feed them.
02:55 PM on 12/17/2011
Why not cut 30% from the defense budget? We spend 43% of all that is spent on defense - among all nations on earth. Surely, we could live with spending only 30% of the world's total. We represent only 5% of the people on earth.
nothingchanges
too soon old, too late smart
11:35 AM on 12/17/2011
IMPO......America didn't have to "re-invent" the wheel. There are numerous health care delivery systems in the world that not only work better than ours, but at nearly half the price.

The fact that NONE of those were offered is a pretty good indication that the American PEOPLE already lost. Because America makes decisions based on politics, and our politics are ruled by corporate interests.

In the end, I have no doubt the decisions will be made based on what is most profitable for those big businesses that run (and ruined) our health care industry. Not for the benefit of most of our people.
02:00 PM on 12/17/2011
I think it's a safe bet that whatever the result of the final plan, Americans will get less health care for more money, and more of the costs will be shifted onto individuals who can't afford it. Leaving decisions to the states is a recipe for disaster for residents of the red states. We've already seen what red state governors are willing to do to their citizens.

In Kansas, the rightwing governor has announced his plan to partially privatize Medicaid while cutting a huge chunk out of the funding. He claims that no one will actually lose benefits - because he plans to put all those Medicaid recipients to work. Apparently he thinks there are jobs out there that are going begging.

He's also ignoring the fact that 66% of Medicaid dollars are spent to keep the frail elderly or demented patients in nursing homes after their own funds run out. Much of the rest of Medicaid funding goes to children. My question is whether he's actually ignorant of these facts or whether he plans to make the cuts and then say, "Oops," and annouce that there'll be drastic cuts which will close down many nursing homes and boot seniors in need of 24/ skilled nursing care out into the streets or shove them off onto family members who aren't equipped to safely care for these fragile seniors.
photo
phal4875
The world is run by cats; we just feed them.
02:57 PM on 12/17/2011
Fanned. I echo your words and am glad to live in blue Massachusetts.
photo
HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
11:16 PM on 12/17/2011
You don't need to look to the rest of the world. The most efficient medical system in the United States is the VA. The most efficient health insurance system in the US is medicare.