Medicare Blog

what are the new laws on medicare and medicaid

by Boris Wisozk Published 2 years ago Updated 1 year ago
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What are the new provisions of Medicare?

Medicare has two new provisions: Part C (Medicare Advantage) and Part D (Medicare Prescription Drug Coverage). Part C: You can enroll in a Medicare Advantage plan to get your Medicare benefits.Medicare Advantage is the term used to describe the various private health plan choices available to Medicare beneficiaries.

What are new Medicare rules?

The new guidance from the Centers for Medicare and Medicaid Services says nursing homes can lift most restrictions on visits at all times, and you don’t need to schedule a visit. Greg Hollingsworth, the director at Oak River Rehab, says rules on ...

What are new Medicare benefits?

You may now be eligible to join a Medicare Advantage plan. In addition to more benefits than original Medicare, Medicare Advantage plans often offer limited or zero-cost premiums, low copays, plus additional benefits like prescription drug coverage, vision, dental, hearing, and fitness benefits… and much more.

How much does Medicare cost at age 65?

In 2021, the premium is either $259 or $471 each month ($274 or $499 each month in 2022), depending on how long you or your spouse worked and paid Medicare taxes. If you don’t buy Part A when you’re first eligible for Medicare (usually when you turn 65), you might pay a penalty.

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What is the No surprise Act 2022?

Effective January 1, 2022, the No Surprises Act, which Congress passed as part of the Consolidated Appropriations Act of 2021, is designed to protect patients from surprise bills for emergency services at out-of-network facilities or for out-of-network providers at in-network facilities, holding them liable only for in ...

What is the Medicare reform bill?

The new health care bill expands Medicare coverage to all individuals and families whose income is at or less than 133% of the federal poverty level -- and the federal government will pay all costs of coverage for those who are newly Medicare-eligible, through 2016.

Who introduced Medicare for All Act 2021?

Bernie Sanders (I-Vt.) and fourteen of his colleagues in the Senate on Thursday introduced the Medicare for All Act of 2022 to guarantee health care in the United States as a fundamental human right to all.

What law regulates Medicare?

On July 30, 1965, President Johnson signed the Medicare Law as part of the Social Security Act Amendments. This established both Medicare, the health insurance program for Americans over 65, and Medicaid, the health insurance program for low-income Americans.

What changes may occur for Medicare benefits in the next 20 years?

8 big changes to Medicare in 2020Part B premiums increased. ... Part B deductible increased. ... Part A premiums. ... Part A deductibles. ... Part A coinsurance. ... Medigap Plans C and F are no longer available to newly eligible enrollees. ... Medicare Plan Finder gets an upgrade for the first time in a decade.More items...

What is the new health coverage law?

Under the new law, nobody will have to pay more than 8.5% of their income on health insurance. Stephane De Sakutin/AFP via Getty Images. get the podcast. President Joe Biden signed the $1.9 trillion COVID relief bill into law Thursday, a day earlier than expected.

Who qualifies for Medicare for All?

Generally, Medicare is available for people age 65 or older, younger people with disabilities and people with End Stage Renal Disease (permanent kidney failure requiring dialysis or transplant). Medicare has two parts, Part A (Hospital Insurance) and Part B (Medicare Insurance).

How many Americans have no health insurance?

31.6 millionUninsured people In 2020, 31.6 million (9.7%) people of all ages were uninsured at the time of the interview (Table 1). This includes 31.2 million (11.5%) people under age 65. Among children, 3.7 million (5.0%) were uninsured, and among working- age adults, 27.5 million (13.9%) were uninsured (Figure 1).

How many senators support Medicare for All?

Bernie Sanders and 14 of his Democratic colleagues introduced the Medicare for All Act of 2019 Wednesday to guarantee health care to every American as a right, not a privilege.

Who qualifies for Medicaid?

To participate in Medicaid, federal law requires states to cover certain groups of individuals. Low-income families, qualified pregnant women and children, and individuals receiving Supplemental Security Income (SSI) are examples of mandatory eligibility groups (PDF, 177.87 KB).

What is Title 18 of the Social Security Act?

Medicare (Title XVIII of the Social Security Act)​ Medicare was established in 1965 under Title XVIII of the Social Security Act as a federal health insurance program for individuals age 65 and older, regardless of income or health status.

What is the purpose of the Stark Law?

The Physician Self-Referral Law, commonly referred to as the Stark law, prohibits physicians from referring patients to receive "designated health services" payable by Medicare or Medicaid from entities with which the physician or an immediate family member has a financial relationship, unless an exception applies.

Q: What are the changes to Medicare benefits for 2022?

A: There are several changes for Medicare enrollees in 2022. Some of them apply to Medicare Advantage and Medicare Part D, which are the plans that...

How much will the Part B deductible increase for 2022?

The Part B deductible for 2022 is $233. That’s an increase from $203 in 2021, and a much more significant increase than normal.

Are Part A premiums increasing in 2022?

Roughly 1% of Medicare Part A enrollees pay premiums; the rest get it for free based on their work history or a spouse’s work history. Part A premi...

Is the Medicare Part A deductible increasing for 2022?

Part A has a deductible that applies to each benefit period (rather than a calendar year deductible like Part B or private insurance plans). The de...

How much is the Medicare Part A coinsurance for 2022?

The Part A deductible covers the enrollee’s first 60 inpatient days during a benefit period. If the person needs additional inpatient coverage duri...

Can I still buy Medigap Plans C and F?

As a result of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), Medigap plans C and F (including the high-deductible Plan F) are n...

Are there inflation adjustments for Medicare beneficiaries in high-income brackets?

Medicare beneficiaries with high incomes pay more for Part B and Part D. But what exactly does “high income” mean? The high-income brackets were in...

How are Medicare Advantage premiums changing for 2021?

According to CMS, the average Medicare Advantage (Medicare Part C) premiums for 2022 is about $19/month (in addition to the cost of Part B), which...

Is the Medicare Advantage out-of-pocket maximum changing for 2022?

Medicare Advantage plans are required to cap enrollees’ out-of-pocket costs for Part A and Part B services (unlike Original Medicare, which does no...

How is Medicare Part D prescription drug coverage changing for 2022?

For stand-alone Part D prescription drug plans, the maximum allowable deductible for standard Part D plans is $480 in 2022, up from $445 in 2021. A...

Covered Individuals

The Rule applies to staff of the aforementioned covered facilities, regardless of whether their positions are clinical or non-clinical, and includes employees, licensed practitioners, students, trainees, and even volunteers.

Important Dates

Under the Rule, all eligible staff must receive their first dose of a two-dose primary vaccination series by December 5, 2021, prior to providing any care, treatment, or other services.

No Testing Opt-Out

Under the Rule, there is no opt-out test option available to covered employees. Thus, unless an individual qualifies for an exemption because of a disability, medical condition, or sincerely held religious belief, practice, or observance, as defined by federal law and on which we reported, vaccination against COVID-19 is mandatory.

Proof of Vaccination Status

Employers should promptly notify their staff of their obligations under the Rule. This means ensuring that individuals are timely notified of their obligation to receive their first dose of a two-dose vaccination against COVID-19 by December 5, 2021, and to be fully vaccinated by January 4, 2022.

Policies and Procedures

Employers must update their policies and procedures to ensure that they contain:

CMS Enforcement Mechanisms

Compliance with the Rule will be ensured through established state surveyors, who will review the covered entity’s records of staff vaccinations. Surveyors may also conduct interviews with staff to verify their vaccination status.

What Employers Should Do Now

Employers should first determine whether the Rule applies to their entity, and if so, to which particular staff it applies. As noted above, the Rule encompasses a broad range of providers and suppliers, and covers most staff who interact or encounter other staff or patients. Fully remote workers are not covered by the Rule.

Can a health care provider supervise a video?

Health care providers may supervise services through audio and video communication, instead of only in-person. For additional details about these policies, see: Medicare Coverage and Payment of Virtual Services (video) — from the Centers for Medicare & Medicaid Services. COVID-19 Telehealth Coverage Policies — from the National Telehealth Policy ...

Can telehealth providers be penalized?

Health care providers won’t face administrative sanctions for reducing or waiving cost-sharing obligations for telehealth services paid for by federal or state health care programs, such as Medicare and Medicaid.

Does Medicare reimburse telehealth visits?

For the duration of the COVID-19 public health emergency, the Centers for Medicare & Medicaid Services will reimburse telehealth visits in lieu of many in-person appointments.

When will Medicare stop allowing C and F?

As a result of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), Medigap plans C and F (including the high-deductible Plan F) are no longer available for purchase by people who become newly-eligible for Medicare on or after January 1, 2020.

What is the Medicare premium for 2021?

The standard premium for Medicare Part B is $148.50/month in 2021. This is an increase of less than $4/month over the standard 2020 premium of $144.60/month. It had been projected to increase more significantly, but in October 2020, the federal government enacted a short-term spending bill that included a provision to limit ...

What is the maximum out of pocket limit for Medicare Advantage?

The maximum out-of-pocket limit for Medicare Advantage plans is increasing to $7,550 for 2021. Part D donut hole no longer exists, but a standard plan’s maximum deductible is increasing to $445 in 2021, and the threshold for entering the catastrophic coverage phase (where out-of-pocket spending decreases significantly) is increasing to $6,550.

How much is the Medicare coinsurance for 2021?

For 2021, it’s $371 per day for the 61st through 90th day of inpatient care (up from $352 per day in 2020). The coinsurance for lifetime reserve days is $742 per day in 2021, up from $704 per day in 2020.

How many people will have Medicare Advantage in 2020?

People who enroll in Medicare Advantage pay their Part B premium and whatever the premium is for their Medicare Advantage plan, and the private insurer wraps all of the coverage into one plan.) About 24 million people had Medicare Advantage plans in 2020, and CMS projects that it will grow to 26 million in 2021.

What is the income bracket for Medicare Part B and D?

The income brackets for high-income premium adjustments for Medicare Part B and D will start at $88,000 for a single person, and the high-income surcharges for Part D and Part B will increase in 2021. Medicare Advantage enrollment is expected to continue to increase to a projected 26 million. Medicare Advantage plans are available ...

How long is a skilled nursing deductible?

See more Medicare Survey results. For care received in skilled nursing facilities, the first 20 days are covered with the Part A deductible that was paid for the inpatient hospital stay that preceded the stay in the skilled nursing facility.

Where are CMS rules published?

All official CMS rules are published in the Federal Register. In rule texts, CMS outlines how the law establishing the ESRD QIP will be implemented. The rules specify, in part, the following elements of the program for the applicable payment year (PY): Performance standards for each measure.

What is Medicare 153 C?

Section 153 (c) of The Medicare Improvements for Patients and Providers Act (MIPPA) of 2008 directs the Secretary of the Department of Health and Human Services (HHS) to establish quality incentives for facilities furnishing renal dialysis services.

When is the final rulemaking for Medicaid?

Notice of Final Rulemaking – On December 21, 2020 , the Centers for Medicare & Medicaid Services (CMS) put on display a Notice of Final Rulemaking CMS-2482-F which advances CMS’ efforts to support state flexibility to enter innovative value-based purchasing arrangements (VBPs) with drug manufacturers for new expensive therapies, and to provide manufacturers with regulatory flexibility to enter into VBPs with commercial payers, which will benefit Medicaid programs. It also creates minimum standards in state Medicaid Drug Utilization Review (DUR) programs designed to reduce opioid-related fraud, misuse and abuse and makes changes to coordination of benefits (COB) and third party liability (TPL) rules related to the special treatment of certain types of care and payment in Medicaid and Children’s Health Insurance Program (CHIP).

What is Medicaid drug policy?

Federal law provides the basis for regulations, guidance, and policy related to pharmacy benefits and manufacturer requirements under Medicaid.

When was the NDRA final notice issued?

National Drug Rebate Agreement. Final Notice - On March 22, 2018, CMS put on display a Final Notice CMS-2397-FN that announced changes to the Medicaid National Drug Rebate Agreement (NDRA) which will be applicable as of the March 23, 2018 publication in the Federal Register.

When is the final rule for covered outpatient drugs?

Interim Final Rule with Comment Published – On November 21, 2019, CMS issued the Interim Final Rule with Comment: Covered Outpatient Drug; Further Delay of Inclusion of Territories in Definitions of State and United States (CMS-2345-IFC3). This rule further delays the inclusion of the U.S. territories (American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands) in the definitions of “States” and “United States” from April 1, 2020 until April 1, 2022 which is effective on November 25, 2019. There is a 60-day comment period for this interim final rule that will end on January 24, 2020.

When was the NDRA last updated?

The updated NDRA incorporates legislative and regulatory changes that have occurred since the NDRA was last published on February 21, 1991, and also makes editorial and structural revisions, such as references to the updated Office of Management and Budget (OMB)-approved data collection forms and electronic data reporting.

When does the interim final rule end?

There is a 60-day comment period for this interim final rule that will end on January 24, 2020. Final Rule and Interim Final Rule with Comment Period Published – On March 28, 2019 CMS issued the Final Rule and Interim Final Rule with Comment Period: Medicaid Program; Covered Outpatient Drug; Finalization of Line Extension Definition;

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The Rule’s Applicability: Providers and Suppliers

  • The Rule requires full COVID-19 vaccination by January 4, 2022, of covered staff at health care facilities that participate in Medicare and Medicaid programs. This includes Medicare- and Medicaid-certified providers and suppliers (hereinafter “covered facilities”), such as: 1. ambulatory surgical centers; 2. hospices; 3. Programs of All-Inclusive C...
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Covered Individuals

  • The Rule applies to staff of the aforementioned covered facilities, regardless of whether their positions are clinical or non-clinical, and includes employees, licensed practitioners, students, trainees, and even volunteers. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements, such as independent contractors. For exa…
See more on ebglaw.com

Important Dates

  • Under the Rule, all eligible staff must receive their first dose of a two-dose primary vaccination series by December 5, 2021, prior to providing any care, treatment, or other services. All eligible staff must be fully vaccinated, as defined below, by January 4, 2022, unless exempted by federal law (which is consistent with the requirement of the OSHA ETS).
See more on ebglaw.com

Definition of “Fully Vaccinated”

  • An individual is considered “fully vaccinated” for COVID-19 under the CDC’s guidance 14 days after receipt of a single-dose vaccine (Janssen/Johnson & Johnson) or the second dose of a two-dose primary vaccination series (Pfizer-BioNTech/Comirnaty or Moderna). At this time, the definition of “fully vaccinated” does not include authorized boosters.
See more on ebglaw.com

No Testing Opt-Out

  • Under the Rule, there is no opt-out test option available to covered employees. Thus, unless an individual qualifies for an exemption because of a disability, medical condition, or sincerely held religious belief, practice, or observance, as defined by federal law and on which we reported, vaccination against COVID-19 is mandatory. In this respect, the Rule more closely resembles th…
See more on ebglaw.com

Proof of Vaccination Status

  • Employers should promptly notify their staff of their obligations under the Rule. This means ensuring that individuals are timely notified of their obligation to receive their first dose of a two-dose vaccination against COVID-19 by December 5, 2021, and to be fully vaccinated by January 4, 2022. To ensure individuals are vaccinated in compliance with the Rule, providers and suppliers …
See more on ebglaw.com

Policies and Procedures

  • Employers must update their policies and procedures to ensure that they contain: 1. A process for ensuring that covered staff (except for those who have pending requests for, or who have been granted, exemptions to the vaccination requirement) have timely received their COVID-19 vaccinations by the aforementioned dates; 2. A process to mitigate the transmission and sprea…
See more on ebglaw.com

CMS Enforcement Mechanisms

  • Compliance with the Rule will be ensured through established state surveyors, who will review the covered entity’s records of staff vaccinations. Surveyors may also conduct interviews with staff to verify their vaccination status. Furthermore, surveyors will review the providers’ or suppliers’ policies and procedures to ensure each component of the Rule has been addressed. Surveyors …
See more on ebglaw.com

What Employers Should Do Now

  • Employers should first determine whether the Rule applies to their entity, and if so, to which particular staff it applies. As noted above, the Rule encompasses a broad range of providers and suppliers, and covers most staff who interact or encounter other staff or patients. Fully remote workers are not covered by the Rule. Employers must update their policies and procedures to en…
See more on ebglaw.com

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