texas hospital association october 22, 2012 rochelle archuleta, aha policy aimee hartlage, aha...
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Texas Hospital AssociationOctober 22, 2012
Rochelle Archuleta, AHA Policy
Aimee Hartlage, AHA Federal Relations
S. 1486
LTCH Improvement Act
Background &
Proposed Modifications
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LTCHs treat far greater proportion of patientswith Level 4 SOI (extreme severity)
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Goals for LTCH Criteria
• Demonstrate a unique and valuable role for LTCHs.• Distinguish LTCHs from all other settings. (general acute
hospitals; other post-acute providers)• Concentrate LTCHs on highest complexity, long-stay patients
• Proactively define LTCHs, rather than wait for CMS.– Pending CMS proposal likely to be harsh on LTCHs.
• Achieve regulatory stability through meaningful minimum standards.
• Provide bridge to the future delivery system reforms and common patient assessment tool.– Making a strong value case for LTCHs helps preserve future role for LTCHs
• Achieve support from AHA’s LTCH members.• Generate savings for Congress.
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How do the criteria work?
• Implement new minimum standards for LTCH patients and facilities.
• Provide policymakers with an insurance policy (ie, the retrospective 70% Rule facility criterion) that LTCHs are treating high acuity patients.
• Prohibit LTCHs from admitting patients suitable for inpatient rehab and inpatient psych level care.
• Require all LTCHs to provide ventilator weaning services. (19 LTCHs do not)
• Proposal does not alter the existing requirement that LTCHs maintain an average length of stay greater than 25 days.
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How were the criteria developed?
• Stage I. A consensus panel of experts developed the criteria proposal in 2010.– Panel: 14 hospital representatives, including 10 NFP reps
• Stage II. Following extensive advocacy of the criteria, as introduced in S.1486, AHA convened a smaller panel to refine the original proposal.− Panel: 9 hospital representatives, including 6 NFP reps
• Data Analysis. Extensive data analysis by The Moran Company from Summer 2010 through present has validated the criteria framework. – The analysis confirmed that the criteria proposal would
focus LTCHs on treating the highest overall acuity level relative to all other health settings.
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For S1486 details, see At-A-Glance document.
S.1486
Criteria Framework
Patient
Admission
Criteria
Facility
Criteria
Retrospective
Facility
Criterion(70% Rule)
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www.aha.org/ltch
Proposed Refinements to
Criteria Provisions in
S.1486
Revise Preadmission Criteria and Add New Patient Admissions Criterion: LTCHs shall not admit patients who, at the time of admission, have a primary medical need of inpatient psychiatric care.
• S.1486: Prohibits IRF-like patients. Does not address psych patients.• Objective: Prohibit admission of rehab and psych patients to maximize the
LTCH distinction from IRF and IPF settings. • Prohibited psych patients are identified by their admitting diagnosis since
this admission criterion would be applied by the LTHC physician conducting the patient admission evaluation.
• Also a technical change to add the S.1486 prohibition on rehabilitation patients to the preadmission screening criteria, in addition to the admission criteria.
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Criteria Modifications: Psych Patients
Admissions Criteria: Secondary Diagnoses
Criteria Refinement: Require a minimum of 5 secondary diagnoses for an LTCH admission.• S.1486: At least 2 secondary diagnoses required• Objective:
– Raise the standard.– Set minimum standard to align with what knowledge is
available to the LTCH physician at the point of admission.
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Criteria Modification: Narrow the provisionS.1486: Continued stay assessments must occur at least weekly. For cases that no longer need hospital-level care and lack a safe discharge option, for the remaining days, pay LTCH PPS per diem, up to the DRG.
– Must notify the bene of the continued stay assessment outcome.– Must continue to actively seek a safe discharge option.
• Maintain S.1486’s requirement for weekly continued stay assessments.
• Eliminate the payment component of this provision.– Leave this to the Medicare manual provisions.
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Admissions Criteria: Continued Stays
Additional Facility Criterion: Vent Services
New Facility Criterion: LTCHs must have the equipment and clinical personnel needed to provide ventilator weaning services.
S.1486: Does not require vent services.
Background:– LTCHs are distinguished by the excellence of
their specialized ventilator-weaning programs.– Policy analysis shows that LTCHs bring unique
value to the Medicare program for beneficiaries receiving ventilator services.
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“70% Rule” 2.0
Streamline the 70% Rule version in S.1486: • 70% threshold• Cases with at least 3 CC/MCCs • Cases with a ventilator procedure code will count• Remove LOS criterion• Remove STACH Outlier criterion.
CC/MCCs• CMS: The MS-DRG CC/MCCs target sicker patients; • CC/MCCs are correlated with the APR-DRG SOI; and• CC/MCC data are administratively feasible to CMS.
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Other S.1486 Changes
• Add 2-year moratorium on LTCH hospitals, satellites and beds– 2-year extension is seamless with MMSEA’s 5-year
moratorium.– Eliminate the MMSEA moratorium exceptions
• 2-year freeze of 25% Rule (at 50%/75% levels)– Instead of 25% Rule elimination under S.1486– Extend CMS’s 25% Rule relief through discharges on and
before Sept 30, 2014.
• Removed provision seeking to eliminate the 1-time budget neutrality adjustment
• Removed provision seeking to eliminate the very short stay outlier policy
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Achieving Compliance
Transition assistance for LTCHs that are non-compliant with the “70% Rule”• Multi-Year Phase-in
• 2-year phase-in for not-for-profit and for-profit LTCHs• Year 1: 60%; Year 2: 70%
• 3-year phase in for the govt-owned LTCHS• Year 1: 60%; Year 2: 65%; Year 3: 70%
• 6-month cure period for LTCHs that fail 70% Rule test.• Modeled after existing cure period for LTCH 25-day ALOS
requirement.
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Timing
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Start Date End DateCriteria OPTIONS:
-- 6 months after enactment-- October 1, 2012-- Other?
Ongoing
Moratorium Dec 29, 2012 (Seamless with end of MMSEA moratorium)
Dec 28, 2014
25% Rule Relief Discharges beginningOctober 1, 2012
Discharges through Sept 30, 2014
Seamless extension of MMSEA moratorium and CMS’s new 25% Rule relief.
Facility ComplianceNFP v FP Facility Compliance Levels:When you combine the compliant and near-compliant (within 10%) LTCHs, facility compliance levels are very close for NFP and FP LTCHs.
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70% Rule Compliance AHA AnalysisOverall Case Compliance 80%Overall Facility Compliance 82%FP Facility Compliance 86%NFP Facility Compliance 79%Govt-Owned Fac. Compliance 33%Compliant + Near Compliant Facilities 91%For-Profit Compliant + Near Compliant 94%Not-For-Profit Compliant + Near Compliant 91%
"Near compliers" are within 10% of compliance with the 70% Rule.
Criteria Encourage High Acuity
The criteria proposal favors every LTCH that treats a high acuity patient mix.• 100% of LTCHs will have to modify their admissions standards to reflect
these more stringent standards;– This proposal is about the type of patients of treated in LTCHs; not about the
ownership status of LTCHs;• The proposal intentionally raises the bar for LTCH admissions to build
credibility with Congress and other policymakers; and demonstrate LTCH value by ensuring a level of service that is unmatched by any other setting.
• A very high rate of NFP LTCHs (79%) comply with the proposal, including very highly regarded NFP LTCHs (e.g., Partners; CHRISTUS; RML; Barlow).
• When compliant and near-compliant (within 10%) LTCHs are combined, FP (94%) and NFP (91%) compliance levels are very similar.
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Examining Compliers vs. Non-compliers
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Psych Cases Rehab Cases Cases with < 5 SDX0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
3.0%
3.5%
1.3%
0.8%0.7%
1.0%
0.7%
0.4%
3.0%
1.2%
2.2%
Percent of Cases in Excluded Categories as a Percent of All Cases Within Compliant, Non-Compliant and All LTCHs
All LTCHs (N=434)
Compliant LTCHs (N=357)
Non-Compliant LTCHs (N=77)
Per
cen
tage
of
Tot
al C
ases
Source: 2011 MedPAR Data, POS Data, and LTCH Impact File
Examining Compliers vs. Non-compliers
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All LTCHs (N=434) Compliant + Near-Com-pliant LTCHs (N=397)
Non-Compliant LTCHs Excl. Near-Compliant (N=37)
0.0
1.0
2.0
3.0
4.0
5.0
6.0
5.25.3
2.7
Average Number of CC/MCCsA
vera
ge #
of
CC
/MC
Cs
Analysis of the 2011 Medicare Provider Analysis and Review (MedPAR) dataset (March 2012 update).
LTCH Payments by Category
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Category
(2011 MEDPAR)
Total Medicare Payment
($ in Millions)
< 5 SDX $24Rehab $25Psych $27Non-compliant cases $691Compliant cases $4,678All Cases $5,445All Cases minus Exclusions $5,369
Rochelle Archuleta
AHA Policy
Aimee Hartlage
AHA Federal Relations
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