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Federal & State

HIV/AIDS Policy

UCLA School of Public Health

Epidemiology 227

April 23, 2010

Prof. Arleen Leibowitz

UCLA School of Public Affairs

Outline

Care and Treatment

Medicaid

Medicare

Ryan White CARE Act

Private Insurance and Health Reform Changes

Testing and Prevention

California issues

Research

Income Support and Housing

Global Programs

Follow The Funding to Determine Priorities

FY 2010 Federal HIV/AIDS Budget Request

($ Billions)

Global, $6.46

Research,

$2.62

Housing/$,

$2.45

Prevention,

$0.79

Treatment,

$13.53

National Treatment Guidelines Call for

Early Access to Treatment and Care

But many PLWH are not in regular care

About 21% do not know their HIV status

Only 55% of those meeting clinical criteria for ARV therapy get it

Expanded guidelines

HAART is costly

$12,000/year in ARV costs

$20,000/year in total costs

Insurance Status of HIV Patients in Care,

1996

Uninsured

20%

Medicaid

29%

Private

32%

Medicare

19%

Federal Support for Care and Treatment

(FY2010)

Medicaid (Federal share) $4.7 B

Medicare

Ryan White

(ADAP

Veterans Affairs

SAMHSA

HOPWA

FEHBP

$5.1 B

$2.3 B

$0.8 B

$0.2 B

$0.3 B

$0.1 B

$0.8 B)

34.6%

37.5%

16.9%

5.9%

1.5%

2.2%

0.7%

Total $13.5 B

Two Kinds of Federal Spending

Mandatory spending

Presumption that Congress must allocate funding to meet statutory obligation – e.g., Medicare, Medicaid, SSI

“Entitlements”

Defined benefit

Discretionary spending

Congress decides on spending level each year

Defined contribution

Block grants

Examples: NIH, CDC, Ryan White, VA

Problems With Discretionary Spending

Block grant means that the budget does not increase to accommodate increased enrollment

Health care costs rise faster than CPI, so annual increases are “high”

Long-term health investments are discouraged by annual budget process

Prevention may reduce costs in long run, but not in short

Early treatment of HIV may save money in long run

Share of discretionary spending is falling

Medicaid

Created in 1965

Federal/state health insurance program for low income and disabled

Federal government pays a minimum of 50% of costs, more in low income states (average 55% of HIV $)

Jointly administered

States set eligibility criteria, subject to Federal minima

States set benefits, subject to Federal mandated benefits

Current Medicaid Eligibility

States must cover

Certain poor women and children

Disabled who qualify for SSI (unable to engage in

“substantial gainful activity by reason of… (a medical condition) ….expected to result in death or that has lasted…up to 12 months”)

States set income criteria

State option to cover Medically Needy who “spend down” to income criteria

Medicaid Benefits

Covers most services with no or minimal cost-sharing

Drugs, an optional service, are covered in all states

Optional services include case management, hospice

Some states limit services

Number of Rx per month or year

Number of MD visits

Medicaid – Current Policy Issues

State variability in Medically Needy income eligibility criteria

Vermont

Louisiana

75% FPL

7% FPL

States can impose limits on discretionary services (drugs)

Non-citizens can not qualify for Medicaid

Green-card holders must wait 5 years

Medicaid provider payment levels are low, making access difficult

Medicaid discount on drugs of 15.1% less than what others get

Medicaid –Policy Issues (2)

Catch-22

Medicaid eligibility depends on being disabled or having

AIDS

But early treatment of non-disabled could avert disability

And reduce transmission

Some states have 1115-waivers to provide Medicaid to low income people with HIV prior to disability

1115 waiver requires “budget neutrality” --Medicaid savings

>= additional Medicaid costs

But, given fractured system, inpatient savings of ARV treatment often go to Medicare, SSI or Ryan White

Medicaid –Policy Issues (3)

Lose Medicaid if earnings exceed threshold, however, earnings may not cover the cost of costly ARV treatment

Ticket to Work/Work Incentives Improvement Act of 1998 continues Medicaid coverage even if person returns to work

In recessions, states attempt to cut Medicaid benefits

Gov. Schwarzenegger proposed premiums for Medicaid

Federal government raised its match rate during recession

Health Care Reform and Medicaid

Persons <133% of FPL are eligible for Medicaid from 2014

$14,404 for single individual; $29,327 for family of 4

Does not depend on disability

Individuals w/o dependent children now will qualify

Removes eligibility variation by state, but undocumented still not eligible

100% federal funding for eligibility expansions in 2014-16, declining later to 90%

Increases drug 340b rebate to 23.1%, but some goes back to federal government

Provides 100% federal funding to raise Medicaid reimbursement rate to Medicare levels for primary care services in 2013, 2014

Encourages “medical home” for those with chronic conditions

Medicare

Created in 1965

Covers persons 65+, persons with ESRD, and long term disabled

Funded by payroll tax on earnings, general revenues, beneficiary premiums for Part B and co-payments

(Medicaid can pay patient cost-sharing)

Uniform throughout U.S.

Medicare: Eligibility for Disabled

Disabled must have sufficient covered work history to quality for SSDI

29 Month Waiting period

Federal law requires 5 month wait after disability determination before receiving SSDI payments

24-month waiting period for Medicare, following SSDI

Medicaid coverage for low income persons during the

29 months

Medicare Benefits

Hospital

Outpatient (20% cost-sharing)

Drugs have been covered since January 1, 2006 under

Part D, private drug insurance plans

Plans required to cover all ARVs

Low income subsidy needed for “the donut hole”

Medicare – Current Policy Issues

Eligibility

Must have sufficient work history to qualify for SSDI, a problem for young, poor persons with HIV

29 month wait for Medicare eligibility

Catch-22 of disability requirement

Cost-sharing

High cost sharing if no supplemental coverage

No cap on out-of-pocket spending

Medicare “donut hole”

When ADAP pays, doesn’t count as “true out of pocket cost” (TROOP)

Health Reform and Medicare

Medicare “donut” hole will be closed

2010--$350 towards cost

Phase-down coinsurance rate in donut hole from 100% to

25%, starting 2011 by requiring 50% rebate from manufacturers plus federal 25% subsidy

ADAP payments will count as TROOP in Part D

No cost-sharing for covered preventive services (rated

A or B by U.S. Preventive Services Task Force)

Ryan White Care Act

CARE= Comprehensive AIDS Relief Emergency

Enacted 1990

Administered by Health Resources and Services

Administration (HRSA)

Payer of last resort for 553,000 uninsured and underinsured

PLWA

Outpatient care, including medical, dental, case management, home health, hospice, housing, transportation, drugs (through

ADAP), insurance continuation

Ryan White Funds Systems of Care

Originally designed to provide relief to cities with disproportionate burden of caring for HIV/AIDS

Part A: Emergency Relief (EMA, TGA)

Part B: HIV Care (including ADAP)

Part C: Early Intervention

Part D: Women, Infants, Children, Youth

Part F AIDS Education and Training,

Dental, SPNS

AIDS Drug Assistance Program (ADAP)

Funded by Part B of Ryan White Care Act

Congressional Earmark: $835 M (approx 50%)

Plus state supplements (approx 25%)

And rebates from drug manufacturers (approx 25%)

Other Federal funding

States set eligibility

5 x FPL in NJ; 4 x FPL in CA; 2 x FPL Texas

Disability not required

Residency, not citizenship required

ADAP is a block grant

States have used waiting lists to ration

ADAP (2)

Drugs provided to 110,000 PLWH monthly in 2008

Cost/enrollee c. $1000/month

Services

HIV Medications

Drug monitoring and adherence services

Can purchase health insurance for eligible clients

Drug Formularies

Must include at least one medication w/I each ARV class

Louisiana had 28 drugs; New York had 460

Ryan White – Current Policy Issues

Discretionary grant program provides a block grant

Growth in PLWHA increases demand for CARE Act services

Medical costs increase faster than CPI

States have limited ability to supplement

Resulted in waiting lists for ADAP

States set eligibility rules, resulting in variability

States with less generous Medicaid programs, need more Ryan White support

Provides support for non-citizens

Ryan White – Policy Issues (2)

2006 Reauthorization of Ryan White Act revised funding formulas for Parts A and B

Funding now based on reported HIV cases, not only AIDS cases

Directs funding to reflect emerging epidemic

California just began names reporting of HIV cases

Required 75% of funding to be used for core medical services

ADAP - Policy Issues

Coordination with Medicare Part D

Payment for Part D co-pays, deductibles, premiums

ADAPs can pay for drugs in “donut hole”

Increasing demand for ADAP as more PLWHA are not disabled, but require medication

Longer bridge to Medicaid

New, more costly drugs

ADAP - Policy Issues (2)

Continued availability of prescription rebates?

State fiscal environments challenge states’ ability to supplement ADAP

States seek to reduce formularies to cut costs

Need to explore cost containment strategies that maintain client access (i.e. purchasing options)

Health Reform and ADAP

Insurance exchanges should reduce number of uninsured, and reliance on ADAP

Would provide for medical care, not just drugs

CARE/HIPP could help purchase insurance

ADAP will count as TROOP

ADAP costs after donut hole should decrease

Cost of drugs while in donut hole is reduced by 50%

Effect on rebates?

Effect of health reform on Ryan White funding?

Undocumented

Health Reform and Private Insurance

Eliminates “medical underwriting” and rescissions

Provides subsidies for purchase from exchanges (32 million people by 2019) with mandated benefits

Legal immigrants eligible for subsidies

Bronze plan—covers 60% of cost

Caps out of pocket expenditures for persons<4xFPL

Sets up high risk pool—June 2010 to Jan 2014

Allows children to stay on parents’ policy until age 26

May reduce pressure on COBRA for unemployed

Outline

Care and Treatment

Medicaid

Medicare

Ryan White CARE Act

Health Reform and private insurance

Testing and Prevention

California Issues

Research

Income Support and Housing

Global Programs

HIV Testing

21% of PLWH do not know they are HIV+

1.

2.

3.

4.

CDC “Advancing HIV Prevention” (2004)

Make voluntary HIV testing a part of routine medical care

Test for HIV outside of medical care settings

Prevent new infections by focusing on HIV+ individuals and their partners

Further decrease perinatal HIV transmission

HIV Testing – Policy Issues

CDC goal to “normalize” HIV testing

Destigmatize

Opt-out vs. opt-in testing recommended by CDC in

Sept. 2006

Default is testing; patient must specifically decline test

Covered by general consent to treat

CA state law since Jan. 1, 2008 removes requirement for specific written informed consent for testing

Need prevention counseling accompany testing?

Testing—Policy Issues (2)

Rapid test could increase knowledge of HIV status

Results ready in 20 minutes, no need to return for results

But needs to be confirmed if “preliminarily positive”

CA state law relating to who can perform finger prick test limited use of rapid tests

Just changed

Prevention

Centers for Disease Control and Prevention administers most federal prevention efforts (FY 10 budget: $785.1 B)

National budget share for prevention (4%) is decreasing over time

California share for prevention <6%

California Cut 09/10 HIV/AIDS Budget by $59M

State Cut

($ million)

State Cut

(%)

State Share

(%)

(09/10)/

(08/09)

C&T, HERR 32.9

100 78.6

0.266

Care & Support 22.8

SOA

ADAP

3.0

25.0

100 40.0

44.8

31.1

0-funded by rebates

Increased for FY11

0.607

0.728

1.00

Prevention: Policy Issues

Balance efforts targeting HIV- and HIV+ individuals

Target increased risk behavior among MSM

Methamphetamine epidemic in CA

Internet—prevention challenge or opportunity?

Reach populations who may not realize their risk and may not receive routine medical care

Young men are not in routine medical care

STI clinics, EDs, jails?

Separation between federal treatment and prevention efforts

Prevention – Policy Issues

Federal government promotion of abstinence only

The Task Force on Community Preventive Services concludes that there is insufficient evidence to determine the effectiveness of groupbased abstinence education delivered to adolescents to prevent pregnancy, HIV and other sexually transmitted infections (STIs).

HIV Federal Materials Review Process

Congressionally mandated review of HIV prevention education materials supported by CDC funds

Messages must emphasize ways to fully protect against acquiring or transmitting the virus

Materials can not directly encourage sexual activities or drug use

Outline

Care and Treatment

Medicaid

Medicare

Ryan White CARE Act

Testing and Prevention

Research

Income Support and Housing

Global Programs

Research

NIH Budget for HIV research is $2.62B in FY10

Largest investments are biomedical

California HIV Research Program

FY07 $12M

Income Support and Housing

Cash Assistance (11% of Domestic HIV funding)

SSI - $500 M in FY10

SSDI - $1,636 M in FY10

Entitlement programs for the disabled

Housing Opportunities for Persons with AIDS

(HOPWA) $310 M in FY10

AIDS exceptionalism?

Conclusions—Domestic Issues

Health Reform has addressed many HIV/AIDS policy issues

But, the fragmented system still presents challenges

Outline

Care and Treatment

Medicaid

Medicare

Ryan White CARE Act

Testing and Prevention

Research

Income Support and Housing

Global Programs

Global Programs

President’s Emergency Plan for AIDS Relief (PEPFAR)

President Bush proposed $15B commitment over 5 years in 2003

Upped to $48 B over 5 years

Most US funding is bilateral, circumvents Global Fund

But US is still largest single contributor to GF

Obama administration changes in May 2009

Funding at $63B over 6 years Global Health Initiative (GHI)

Shift from emergency response to sustainable mode

Recipient country ownership of planning process

Rebalance Global Health portfolio from HIV to MCH

HIV Is Largest Share of GHI

Slide 10

U.S. Global Health Initiative (GHI), FY 2011 Budget Request

In Millions

HIV

$5,739.1

Global Fund

$1,000

Nutrition

$200

Other

$108

MCH

FP/RH NTDs

$700 $590 $155

Malaria

$829.2

TB

$251

Total = $9.6 billion

*FY 2011 is President

’s Budget Request to Congress.

SOURCES: Kaiser Family Foundation analysis of data from the Office of Management and Budget, Agency Congressional Budget

Justifications, Congressional Appropriations Bills, and White House Statement by the President on Global Health Initiative, May 5, 2009.

Return to Tutorials

Also see: Kates J., The U.S. Global Health Initiative: Overview & Budget Analysis , Menlo Park: Kaiser Family Foundation, December 2009.

Global Policy Issues

2003

55% of funding for treatment;

20% for prevention

33% prevention funding had to be targeted to abstinence

In 2005, 2/3 on abstinence, 1/3 condoms +

Condoms only for “high-risk”

(prostitutes, discordant couples, substance abusers)

2010

Over half of funding for treatment

Target 50% of prevention funds on abstinence. If less, report to

Congress

AB-C still in place

Global Policy Issues (2)

2003

ARVs must be approved by FDA

(WHO approval not sufficient)

HIV exempted from “gag rule” on abortions, but many misunderstood

Funded organizations need

“policy explicitly opposing prostitution and sex trafficking.”

(PL108-25)

No funding for needle exchange

2010

By 2007, 73% of drugs distributed were generic.

Accelerated FDA approval.

Pres. Obama rescinded “gag rule” on abortion

Focus on MTCT, MC and services for IDUs

Overarching Policy Questions

Will care and treatment crowd out prevention because we adopt a short term planning horizon?

Why do we spend so little on prevention?

Fragmented funding makes it difficult to

Know what resources are available

Coordinate care

Policy Resources

HRSA

CDC

NIH

CHRP

CHIPTS

Kaiser Family Foundation

CAPS http://www.hrsa.gov

http://www.cdc.gov/hiv http://www.nih.gov

http://chrp.ucop.edu

http://chipts.ucla.edu

http://www.kff.org/hivaids http://www.caps.ucsf.edu

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