Friday, August 7, 2015

CMS Seeks to Fine Six MA Plan Sponsors For Inaccurate Cost, Benefit Information


Reprinted from MEDICARE ADVANTAGE NEWS, biweekly news and business strategies about Medicare Advantage plans, product design, marketing, enrollment, market expansions, CMS audits, and countless federal initiatives in MA and Medicaid managed care.

By James Gutman, Managing Editor

July 30, 2015 Volume 21 Issue 15

CMS this month cited six Medicare Advantage sponsors for failing to furnish correct and/or timely benefit and cost information for their MA plans for the 2015 contract year (CY). The agency notified the plans involved that it will impose civil money penalties (CMPs) that range from a low of $34,445 for Health Alliance Medical Plans to a high of $349,075 for Health Net of Arizona.

The CMPs, which the sponsors may request a hearing to contest, come despite acknowledgments by the agency that in one case the plan had self-disclosed the problem to CMS and in two other cases the MA sponsors had mailed “errata sheets” to plan members shortly before the end of the Annual Election Period (AEP) last fall. The enforcement actions seem to suggest CMS is taking an increasingly tough stance against what it considers unclear and/or inaccurate benefit information furnished to MA enrollees in the Annual Notice of Change (ANOC) and Evidence of Coverage (EOC) documents that plan sponsors must send to members by Sept. 30 each year. There weren’t any CMS enforcement actions such as fines related to the required beneficiary notices for 2014, although there were five such actions in 2013.

“CMS is imposing penalties against these plan sponsors because we identified substantial violations of the disclosure and information dissemination requirements,” the agency tells MAN. “More specifically, the plan sponsors did not provide timely and/or accurate benefit information…to their enrollees for the 2015 Medicare Open Enrollment Period. As a result, these violations had the substantial likelihood of adversely affecting one or more enrollees.”

In some of the CMP notices, the agency pointed out that it was not the first time the plan sponsors had failed in this regard. In the July 13 letter to Health Net, for instance, Gerard Mulcahy, director of CMS’s Medicare Parts C and D Oversight and Enforcement Group, wrote that “in 2014 Health Net AZ received a notice of non-compliance for failing to accurately describe benefits and/or cost sharing information to its enrollees in its CY 2014 ANOC/EOC documents.”

For 2015, the letter said, “Health Net AZ reported to CMS that 13,963 of its enrollees received inaccurate information about their 2015 benefits in Health Net AZ’s CY 2015 ANOC documents.” Specifically, according to CMS, 4,865 members received an ANOC that didn’t include cost-sharing amounts for days 1-5 of inpatient hospital stays. Those amounts climbed from $320 per day to $345 per day for 2015, the agency said. In another MA contract, CMS added, “9,098 enrollees received an ANOC that incorrectly stated its network included pharmacies with preferred cost sharing, when the plan does not offer preferred cost sharing.”

Health Net did not mail the errata sheets about this inaccurate information until Nov. 24, 2014, which was too late for enrollees to “use the information to make a fully informed decision” about their Medicare plan options for 2015, the letter asserted. The AEP now ends Dec. 7 each year.

United Didn’t Include Some Benefit Changes

In the July 14 letter to UnitedHealthcare, CMS said it would impose a $149,150 CMP in light of the company self-disclosing to the agency that 5,966 of its members received “untimely information about their 2015 benefits” in the ANOC documents. Specifically, according to the letter, United said one of its Plan Benefit Packages (PBPs) was not included in the ANOC file sent to its “print vendor for fulfillment.”

This was important, CMS explained, since a plan-year benefit comparison of 2014 to 2015 showed several “changes that had the potential to negatively affect beneficiaries.” Among those were a $12.80 hike in the monthly plan premium, higher cost-sharing amounts for Part D prescription drugs and increased annual deductibles. United did not mail the ANOC for this PBP until the week of May 4, 2015, well after the AEP had ended, CMS wrote in the letter.

In the letter to Indiana University Health Plans, Inc., which stands to be assessed a $101,675 CMP, CMS said IUHP reported to the agency that 4,067 of its enrollees received inaccurate information about their 2015 benefits. Those members, Mulcahy’s letter reported, received an EOC “that incorrectly stated that enrollees could use out-of-network providers when outside the service area” in a point-of-service option. IUHP’s Select Plus plan does not offer this option “except in limited circumstances (i.e., emergencies, urgently needed care, and out-of-area dialysis services),” the letter said.

IUHP did not mail errata sheets correcting the inaccurate information until Dec. 23, according to CMS. And “this is the third year [in a row] in which IUHP has provided inaccurate information to its enrollees,” the agency noted, pointing to a notice of non-compliance and warning letter sent for CYs 2013 and 2014.

In the letter to Health Alliance parent The Carle Foundation, CMS said 2,364 of its enrollees received inaccurate information about 2015 benefits, most of them because an ANOC did not include copayment amounts for out-of-network skilled nursing facility benefits, for which costs “significantly increased” for 2015. Health Alliance did not mail the errata sheet until Dec. 5, 2014, two days before the end of the AEP, CMS said.

In another Health Alliance contract, the agency added, 203 enrollees received ANOC/EOC documents containing “numerous inaccuracies, many of which incorrectly conveyed lower-cost sharing and more extensive benefits under the plan.” The sponsor did not mail the errata sheets about these till Nov. 12, which CMS considered too late for making “a fully informed decision.”

The $52,045 CMP that Fallon Community Health Plan stands to be assessed stems from 1,487 of its enrollees receiving EOC documents stating that the 2015 monthly premium is $129, when it actually is $176, according to CMS. The agency’s letter said Fallon did not mail errata sheets correcting this information until Jan. 23, 2015, and that Fallon in 2014 had received a notice of non-compliance for failing to describe benefits and/or cost-sharing information accurately in 2014 ANOC/EOC documents.

ATRIO Health Plan in Oregon also was cited as a repeat offender. Its $69,405 CMP for 2015, CMS said, stems from 2,149 of its enrollees receiving inaccurate benefits information. In one contract, this involved understating by one day the time for which members must make copayments for a hospital stay, while in another contract it involved understating the maximum out-of-pocket amount for hospitalizations, according to the agency. ATRIO did not send errata sheets correcting these inaccuracies until after the AEP had ended, CMS noted.

View the CMS letters by visiting the July 30 From the Editor entry at MAN's subscriber-only web page: www.aishealth.com/newsletters/medicareadvantagenews.

 

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