Deficit Reduction and Medicare:
Save Money Without Harming Beneficiaries
Save Money Without Harming Beneficiaries
As the debt and deficit debate heats up, the Center for Medicare Advocacy urges policymakers to protect Medicare and Medicaid. These critical programs are health and economic lifelines for Americans and their families. Half of all Medicare beneficiaries have incomes of $22,000 a year, and women with Medicare have an average income of only $15,000 a year.[1]
While most Medicare beneficiaries have very limited incomes, they are paying more out-of-pocket than ever for their care. In 1970, premiums and cost-sharing accounted for 6% of beneficiaries' Social Security benefits; by 2010, that figure had risen to 27% of Social Security benefits – nearly a third of their income.[2] In short, people with Medicare cannot afford to shoulder the burden of deficit-reduction through higher out-of-pocket costs. If policymakers are serious about saving money from Medicare and health costs without harming beneficiaries, they must consider proposals that would achieve significant savings without shifting costs to people who rely on Medicare and Medicaid.
Below are proposals that would save the Medicare program money, without harming beneficiaries, by addressing the cost of prescription drugs:
1. Negotiate Drug Prices with Pharmaceutical Companies
The Medicare Modernization Act (MMA) of 2003 prohibits the Secretary of Health and Human Services from negotiating prices with pharmaceutical companies. These companies gained 50 million new customers when Medicare began covering prescription drugs, but they did not have to adjust their prices in return. Requiring the Secretary to negotiate drug prices and rebates for Medicare would save taxpayers billions of dollars – potentially over $200 billion over ten years.[3] Taxpayers currently pay nearly 70% more for drugs in the Medicare program than through the Veteran's Administration, which has direct negotiating power.[4] Savings realized from reducing Medicare drug cuts could be used to both improve benefits for beneficiaries and reduce the deficit.
2. Reinstate Drug Rebates for Low-Income People with Medicare
Until Congress created the prescription drug program as part of the MMA, drug manufacturers paid rebates for drugs provided to individuals eligible for both Medicare and Medicaid (known as "dual eligibles") who are typically the poorest and most vulnerable population in the health care system.[5] As a result of the MMA, drug manufacturers received a windfall when the drug coverage for dual eligibles shifted from Medicaid to Medicare and the rebates were ended. Reinstating these rebates could save over $130 billion over ten years while curbing costs for beneficiaries.[6]
3. End Harmful "Pay-for-Delay" Settlements to Expand Access to Generic Drugs
"Pay-for-delay" settlements by brand-name drug manufacturers that pay off generic drug manufacturers to keep generic drugs off the market are increasingly common. In 2010, the Federal Trade Commission reported a 60% increase in reported pay-for-delay settlements in one year alone. [7] These unfair settlements cost taxpayers and beneficiaries billions of dollars every year and contribute to rising drug costs.[8] Prohibiting these settlements would ensure greater access to lower-cost generic drugs and help lower premiums for consumers and beneficiaries.
4. Add a Drug Benefit in Traditional Medicare
Offering a drug benefit in traditional Medicare would give beneficiaries a choice they do not now have, encourage people to stay in the cost-effective traditional Medicare program, and save money for taxpayers. A Medicare-administered drug plan would have lower administrative costs than private plans. Such a plan would be easier to understand than sorting through multiple private plan options, would result in lower drug prices for beneficiaries, and could save taxpayers over $20 billion a year.[9]
Conclusion
The solution to addressing rising Medicare costs is not to shift those costs onto consumers, but instead to focus on proposals that would bring down health costs overall. Addressing the cost of prescription drugs would benefit not only the Medicare program, but also taxpayers and the health care system as a whole.
For more information, contact attorney David Lipschutz (dlipschu@medicareadvocacy.org) in the Center for Medicare Advocacy's Washington, DC office at (202) 293-5760.
A Jimmo (Improvement Standard) Settlement FAQ
A: Yes. The Settlement Agreement standards for Medicare coverage of skilled maintenance services apply now. We have been hearing from many sources that they are still being denied coverage based on the Improvement Standard. We continue to think that coverage should be available now for skilled nursing or therapy necessary to maintain an individual’s condition. This is particularly true since the government itself states that the Settlement Agreement clarifies rather than changes the law. We encourage people to appeal denials even if they think the appeal will be futile because, once finalized, the Settlement Agreement will provide a review under the proper standard for all claims that are denied on the basis of the Improvement Standard after January 18, 2011 (the date the Jimmo case was filed).
Use the Center’s Self-Help Packets to help understand proper coverage rules and contest a Medicare denial for outpatient, home health, or skilled nursing facility care. Include a copy of the Settlement Agreement. Key pages and sections of the Agreement are highlighted in yellow in the version on the Center’s website.
Explain that the Settlement confirms, and the government agreed, that skilled services are covered when they are required to maintain a patient’s condition, or prevent or slow further deterioration. Providers and Medicare decision-makers should be pushed to change their approach based on the Settlement – now.
When it is fully implemented, the Settlement Agreement will result in new manual provisions explicitly covering maintenance nursing and therapy, and formal education of adjudicators and providers. But there is no reason not to make the argument now. Perhaps some decision-makers can be educated before the Settlement’s education campaign begins. And if denials persist, people will be entitled either to re-review later on in the Settlement process or at a higher level of review in the regular Medicare appeals process.
For more information, see http://www.medicareadvocacy.org/medicare-info/improvement-standard-2/.
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