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LTSS Roadmap - Paying for LTSS

Guidance for the LTSS roadmap planning model providing community officials information on paying for LTSS.

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: August 03, 2016

Many different sources of revenue can contribute to tribal LTSS programs. Multiple funders in the “payer mix” for your LTSS program can help a program be more sustainable. Common payers for LTSS are described below. Advantages, disadvantages, and other considerations are listed for each.

Medicaid

Pros

  • Medicaid is the primary funder for LTSS.
  • As an entitlement program, funding parameters are based on eligibility and services, not budget limit.
  • States are able to get 100% federal reimbursement (100% FMAP) for Medicaid services provided through tribal health facilities. Tribal providers can offer care to patients who would otherwise be in the mainstream LTSS system, where care would be reimbursed at a lower FMAP rate (57% FMAP is the national average).
  • If IHS funds are included in your LTSS program, there is potential for 100% FMAP, which  increases the incentive for the State to provide an enhanced rate.
  • 100% FMAP means there is no State match required, which is an advantage in negotiating rates with the State.
  • Includes services provided through home- and community-based care models such as PACE and MFP (currently a demonstration program).
 

Cons

  • Non-Indians served at the facility may be reimbursed at the State’s usual FMAP, not at 100% FMAP.
  • State Medicaid plan may not reimburse some of the services you provide or intend to provide.

 

 

 

 

 

 

 

 

Considerations

  • Most billing is done electronically; facility must think about its capacity for billing and collections.

Medicaid Waivers

  • Waivers are a menu of state-defined services that commonly support HCBS. They are designed to support individuals living in their own homes, in relatives’ homes, or in other community-based living situations.
  • An individual can receive waiver services if they meet medical and financial qualifications.
    • Waivers can be based on medical conditions: for example, covering anyone with a physical or intellectual disability.
    • Waivers can sometimes be based on geography: for example, covering anyone living in a certain county.
  • Waiver eligibility can be more generous than Medicaid eligibility. In some states, residents can keep their residence and a higher amount of assets. Some waivers are designed to protect assets of the "well spouse"—a spouse who doesn't need LTSS.
  • Waivers vary widely by states. See the national overview of 1915(c) programs.
  • Look up waivers available in different states.
  • A tribe can act as the lead agency for administering waiver services. This practice is not yet common. See Oneida Nation's story about administering a waiver.

 

 

Medicare

Pros

  • Provides up to 100 days of long-term care in a skilled nursing facility, hospice, or as home health care.
  • Reliable revenue source for transitional care.

 

 

 

Cons

  • Medicare only supports care for individuals over 65 or persons with disabilities, end-stage renal disease, and ALS, so not all patients will qualify.
  • Does not cover custodial care (unskilled) like daily living supports or transportation.
  • Only offers skilled nursing or home health care coverage on a limited basis, not for long-term needs.
  • Medicare certification is often the hardest to get.
 

Considerations

  • Most billing is done electronically; facility must think about its capacity for billing and collections.

 

Private Insurance

Pros

  • Long-term care insurance and long-term disability insurance are specially designed to support individuals with long-term health needs.
  • Recent changes to the products and services covered by long-term care insurance may reflect models of care that are home- and community-based, instead of focusing only on facility-based care.
  • Some, but not all, employers offer long-term disability insurance to employees and their dependents.

 

 

 

Cons

  • American Indian and Alaska Native populations report lower percentages for coverage by private insurance, and this may not prove to be a reliable funding source.
  • Private insurance plans vary widely in the services that they cover and exclude.
  • Long-term care insurance can be quite costly, decreasing the likelihood that tribal members might choose to purchase it.
  • Long-term care insurance is most affordable when purchased at a younger age, and much more expensive if purchased at an older age, so current consumers of LTSS are much less likely to be privately insured.
 

Considerations

  • Long-term care insurance is a relatively new type of insurance. What it covers and what it costs may change significantly over time, especially as health care reform is implemented.

 

Private Pay

Considerations

  • Many people pay for their own long-term care. About half of all nursing home patients in the U.S. pay nursing home costs out of their own savings.

  • Older adults may choose to pay out of pocket for HCBS programs, like adult day programs or home care, that can help them stay longer in their homes.

  • When an individual spends down their assets (that is, when their savings run out), they may be able to qualify for Medicaid.

 

IHS Funding

Pros

  • Under the Indian Health Care Improvement Act reauthorization, LTSS are now explicitly identified as an allowable expense.
  • Tribal facilities can leverage existing IHS funds to cover positions and services not reimbursable by other revenue sources.
    • Positions, such as Community Health Representatives, visiting nurses, can assist with non-reimbursable LTSS care.
    • LTSS services not covered by a State’s waiver program, Medicaid, or Medicare can be supported with IHS funds.
  • Overhead and indirect costs are included in the contract/compact, unlike other revenue sources that only finance direct care.
 

Cons

  • Although authorized, there are no funds appropriated for LTSS, so LTSS resources would come from existing contract/compact funding.

 

 

 

 

 

 

 

Policy Background

The Indian Health Care Improvement Act (IHCIA) was permanently reauthorized as part of health care reform in 2010. IHCIA now defines LTSS as a service that can be covered by IHS, which means tribes can include LTSS in their self-governance agreements with IHS.

  • Simplifies the process of including LTSS in IHS contract/compact by removing negotiation phase with IHS
  • For a state to receive 100% FMAP for LTSS provided by tribal health programs, LTSS must be explicitly added to a tribe's IHS funding agreement.
    • When a state receives 100% FMAP for LTSS provided by the tribal health program, it can help the tribe in negotiating an enhanced reimbursement rate from the state.
  • Unfortunately, no additional funds were allocated to IHS in order to expand LTSS in Indian Country. In other words, adding LTSS to allowable IHS services was an unfunded mandate.

 

Tribal Support

Considerations

  • Supporting LTSS must be a priority of tribal leadership.
    • A change in administrations could change leadership priorities.
    • Unless written into a funding agreement, levels of tribal funding may vary over the years.

 

Grants

Pros

  • Time-limited funding can be used as seed money or start-up funds.
  • Ideal for creating a new project or starting a program.

 

 

 

Cons

  • Time limitations.
  • Grant conditions limit funds to specific activities
    • "limited fungibility," meaning you usually can't make any substitutions of funds from one purpose to another
  • Funding priorities of foundation or other funder may change from one year to the next
 

Considerations

  • LTSS experts strongly recommend not to use grants as a source of operational funding or to rely on them for financial sustainability for your LTSS program.

 

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