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October 2018 eNews
PA Health Law News

Click here for the September/October 2018 Health Law PA News. This issue includes: 
  • Get Ready for the Medicare Open Enrollment Period
  • Medicare Part D Costs for 2019
  • Update on Medicare Summary Notices to Qualified Medicare Beneficiaries
  • PHLP Offers Medicare 2019 Webinar
  • Federal Funding for Marketplace Navigators Reduced
  • Tips for Marketplace Open Enrollment
  • State Cancels Procurement for Independent Enrollment Broker for Long-Term Support Services
  • State Delays FED Implementation
  • CHC Enrollment Underway in Southeast PA
  • Update on CHC Implementation in Southwest PA
  • General Assistance Is Back: What Advocates and Consumers Need to Know
  • The Health Impact Of The Proposed Public Charge Rules For Immigrants

Helping a Mother Secure Vital Care for her Son

Ms. J. reached out to the PHLP to get help for her 16-year-old son Shawn, who has autism, intellectual disabilities, behavioral problems, and complicated physical health issues.  Shawn’s psychiatrist recommended a residential treatment facility, which provides intensive behavioral health treatment and supports in a 24-hour setting.  Shawn’s behavioral health managed care plan approved treatment but could not find a facility able to meet his aggressive behaviors and physical health needs.  The situation was urgent.  Shawn’s mother was struggling to keep him safe at home, without juvenile justice involvement, and had been waiting months for a treatment provider.  On her own, before she contacted PHLP, Ms. J. found a highly reputable out-of-state residential provider that specializes in treating youth with behavioral and physical health conditions.  However, Shawn’s behavioral health managed care plan was unwilling to consider an out-of-network provider, even though numerous in-state residential treatment facilities had already denied Shawn admission because they could not meet his needs.
    
PHLP staff contacted state officials at the Department of Human Services on behalf of Shawn and his mother.  PHLP argued that the health plan’s insistence on exhausting all in-network providers--only to keep getting the same response--was risking Shaw’s safety, and his complicated and nuanced needs required highly specialized treatment.  Our persistent advocacy made a difference.  Shawn’s health plan acquiesced.  He is finally getting the treatment he desperately needs, and his mom is breathing easier.

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PHLP Welcomes New Staff Members

Marissa LaWall, a recent graduate of Penn State University’s Dickinson Law School, is joining PHLP’s Harrisburg office.  Her work, which includes representing medically fragile children, is supported, in part, by the Pennsylvania Legal Aid Network’s Martin Luther King Jr Fellowship



Kathryn McKee is joining PHLP’s Pittsburgh office as a staff attorney.  Prior to her arrival at PHLP, Katy worked for more than a decade at Neighborhood Legal Services providing provide civil legal assistance to poor and vulnerable residents in Allegheny, Beaver, Butler and Lawrence Counties.



Jessica Osler is a paralegal who will work in PHLP’s Philadelphia Office as the first point of contact for clients seeking legal assistance for access to healthcare.  Prior to her arrival at PHLP, Jessica worked at Community Legal Services in Philadelphia providing legal assistance to residents in Philadelphia.     



Pam Putnam, a recent graduate of Villanova University’s Charles Widger School of Law, is joining PHLP’s Philadelphia office.  Her fellowship—i.e., providing advice and representation to consumers transitioning to Community HealthChoices, is supported by the Independence Foundation.

What We're Reading

What’s In, What’s Out, And What’s Still On The Table In The Opioids Package Passed By The Senate, STAT, September 17, 2018

“The Opioid Crisis Response Act, authored largely by Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.), contained dozens of proposals that are viewed as limited but commonsense steps toward a better nationwide system for preventing and treating addiction.”
 
Solving America’s Painkiller Paradox, Vox, September 26, 2018

“This is America’s painkiller paradox. On one hand, nearly 15,000 overdose deaths in 2017 were tied to commonly prescribed opioid painkillers, and many more are linked to an addiction that began with painkillers.

On the other hand, 50 million adults in the US in 2016 suffered from chronic (long-term) pain, according to the latest CDC estimates. And there are more patients with acute (short-term) pain, caused by injuries, surgeries, or diseases. Many of these patients, although not all or even most, may genuinely need opioids to mitigate pain.”
 
2018 Elections: Key Medicaid Issues to Watch, Kaiser Family Foundation, September 27, 2018

“Medicaid provides health insurance coverage for more than 76 million Americans, supplies funding for safety-net providers, and is the largest source of federal revenues for states. At this time last year, Congress was debating repeal and replace of the Affordable Care Act (ACA) as well as more fundamental changes to Medicaid financing. While federal legislative changes to Medicaid did not pass in 2017, the outcomes of the 2018 elections will shape program changes at both the state and federal levels of government.”

Clearing Up Confusion About The Impact Of The CHIP Funding Rescission In Labor-HHS-Education Appropriations Conference Agreement, Center for Children and Families, September 19, 2018

“[Last month], the Senate passed a conference agreement for Defense and Labor-Health and Human Services-Education appropriations for the upcoming fiscal year 2019… Unlike the Administration’s proposal to rescind funds made available for the current fiscal year, the conference agreement only affects funds from past years that can never be accessed or spent by states even if they otherwise qualify for additional CHIP funding from the Contingency Fund.  In other words, the conference report rescission would have no effect on state CHIP programs even in the highly unlikely event that some states exhaust their CHIP funding due to higher enrollment resulting from a recession or other emergency.”
 
Closing the Medicare Part D Coverage Gap: Trends, Recent Changes, and What’s Ahead, Kaiser Family Foundation, August 21, 2018

“As of 2019, Medicare beneficiaries enrolled in Part D prescription drug plans will no longer be exposed to a coverage gap, sometimes called the “donut hole”, when they fill their brand-name medications… Subsequent legislative changes are phasing out the coverage gap by modifying the share of total costs paid in the gap by Part D enrollees and plans and requiring drug manufacturers to provide a discount on the price of brand-name drugs in the gap. This data note presents trends on the Part D coverage gap and discusses recent and proposed changes affecting out-of-pocket costs for Part D enrollees who reach the coverage gap.”
Helping People in Need Get the Health Care They Deserve.
Copyright © 2016 Pennsylvania Health Law Project. All rights reserved.

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