Bills of Congress by U.S. Congress

H.R.3467 - To amend title XVIII to reform the Medicare Advantage program. (119th Congress)

Summary

H.R.3467 aims to reform the Medicare Advantage (MA) program by introducing capitated payments, modifying payment structures, implementing automatic enrollment with opt-out provisions, mandating the inclusion of hospice care, and creating an exception to the Stark law for certain services. The bill targets plan years beginning on or after January 1, 2028. It was introduced in the House of Representatives and referred to the Committees on Ways and Means and Energy and Commerce.

The proposed changes include requiring MA plans to use capitated payments, adjusting risk assessment methodologies, and eliminating quality benchmark increases. Automatic enrollment into the lowest premium MA plan with an opt-out is also mandated.

These reforms seek to control costs, improve efficiency, and ensure comprehensive care within the Medicare Advantage program.

Expected Effects

The bill will likely lead to significant changes in how Medicare Advantage plans operate and how beneficiaries interact with the program. Capitated payments may incentivize efficiency but could also lead to reduced services if not managed carefully. Automatic enrollment could increase MA plan participation, while mandatory continuous enrollment may limit beneficiary choice.

Risk adjustment modifications could affect how plans are reimbursed based on patient health status. The inclusion of hospice care aims to provide more comprehensive benefits within MA plans.

Overall, the bill intends to reshape the MA landscape, potentially impacting costs, access, and quality of care for beneficiaries.

Potential Benefits

  • Potential Cost Savings: Capitated payments and risk adjustment modifications could lead to more efficient use of resources.
  • Increased Enrollment: Automatic enrollment may increase the number of individuals covered by MA plans.
  • Comprehensive Care: Required inclusion of hospice care ensures beneficiaries have access to end-of-life services.
  • Stark Law Exception: The exception for certain services under MA plans may reduce administrative burdens and improve access to durable medical equipment and covered Part D drugs.
  • Stop-loss Payments: The introduction of stop-loss payments may protect MA plans from unexpectedly high expenditures, promoting stability and encouraging participation.

Potential Disadvantages

  • Limited Choice: Mandatory continuous enrollment could restrict beneficiaries' ability to switch plans or return to traditional Medicare for a 3-year period.
  • Access to Care Concerns: Capitated payments might incentivize plans to limit access to services to control costs.
  • Implementation Challenges: Automatic enrollment and risk adjustment modifications may present logistical and administrative challenges.
  • Potential for Inequity: The lowest premium plan may not always be the best fit for all individuals, potentially leading to dissatisfaction or inadequate coverage.
  • Unintended Consequences: Changes to payment structures and enrollment rules could have unforeseen effects on the quality and accessibility of care.

Constitutional Alignment

The bill primarily amends Title XVIII of the Social Security Act, which falls under the purview of Congress's power to provide for the general welfare as outlined in the Preamble of the Constitution. Specifically, it relates to healthcare and social security, areas where Congress has broad authority to legislate.

The bill does not appear to directly infringe upon any specific individual rights or liberties protected by the Constitution or its amendments. The automatic enrollment provision includes an opt-out clause, safeguarding individual choice.

However, the mandatory continuous enrollment provision could raise concerns about freedom of choice, although exceptions are included for hardship events. Overall, the bill seems to operate within the established constitutional framework for social welfare legislation.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).