Search This Blog

Sunday, March 31, 2024

Explanation of Healthcare Tax Subsidies in the USA-Medicaid-Insurance Exchanges-Group Insurance Programs-Medicare

 

Health Care is Not Free

In an election year, it is important to discern facts from fiction and this article addresses the subject of free or subsidized health care in the United States. First, there is no free health care, someone is paying for the care. For Medicaid eligible persons or families, the state and federal government do provide health care without an insurance premium to those who qualify. This does not mean there are no copayments for the Medicaid participants, but these are generally modest. Access to health care providers is not guaranteed, because many clinics and clinicians do not treat Medicaid patients or have a limit on the number they will accept. This is because of the low level of reimbursement from the government for providing care.

 Medicaid-Eligibility

Medicaid, also known as Apple Health, Medi-Cal or whatever label each state chooses, is a government run medical insurance program for low-income residents. To be eligible for Medicaid, the individual or family must meet certain criteria, for example, living within the United States for at least five years, having legal residency status, meaning a work permit, student visa, permanent resident status, or citizenship. Citizenship in the USA is based on birthright, taking the oath of citizenship, or marriage. The funding for the Affordable Care Act requires legal residency criteria, to control costs and to avoid adverse selection from potential high-medical-needs immigrants. There are exceptions to this, which are for immigrants who have refugee status for humanitarian reasons (torture), Protected Juvenile Status, Temporary Protected Status and Victims of Trafficking. Here is a complete list of the immigrant standards for qualification for Medicaid or government health care subsidies, like tax credits under the insurance exchange plans for the Affordable Care Act (Obamacare): https://www.healthcare.gov/immigrants/immigration-status/

 Finally, if someone is blind, disabled, pregnant, or caring for a child on public support (foster child) you may be eligible for Medicaid, if you meet the residency status requirements. In other words, people without means who are immigrants do NOT have unlimited access for free or subsidized health care. Wealthy people, including medical tourists with private insurance, who can pay, will be able to have carte blanche access to the US healthcare system.

 State Medicaid Eligibility Varies

Most states have now expanded their Medicaid eligibility to match the 2010 Patient Protection and Affordable Care Act standard of 133% of the federal poverty level (FPL). In 2024, this is $15,060 for a single individual and $31,200 for a family of four. So, the baseline for receiving medical insurance through a state Medicaid program which has chosen the Affordable Care Act standard and receives federal matching funds is: $20,030 for a single individual and $41,496 for a family of four. Some states, where the cost of living is very high, have more generous subsidies, like California, which offers pregnant women with incomes up to 208% of the FPL and children under 18 are covered up to 261% of the FPL.

Federal government handy interactive chart to determine your state’s Medicaid eligibility standards.

https://www.medicaid.gov/state-overviews/state-profiles/index.html

 The federal Children’s Health Insurance Plan or CHIP has been around since 1997 and was reauthorized by both Democrats and Republicans in 2009.This is a positive thing because it is good public health investment to make sure we are creating healthy children, which is after all our future work force. Investing in the health and well-being of our citizens is a public good. This is why we have parks and recreation, air and water quality standards, sanitation systems, and standards for food safety.

Tax Credits Under Affordable Care Act

All the insurance exchange enrollments require persons applying for medical insurance coverage to disclose their incomes, because the Affordable Care Act provides federal tax credits for the purchase of the insurance. The government is advancing an income tax credit, that you would be expected to receive upon filing your annual tax return. If your income varies from this declaration, the government will refund any unused tax credits or require you to pay back some of the advance credits you received. It is the onus of the insurance exchange participant to notify the agency of any material change while enrolled. The tax credits are not free, but reflect earned income federal taxes. If someone has no earned income and qualifies for some insurance subsidy, this is determined through the process.

 Tax Credits Under Employer Group Insurance Plans

The federal government provides significant tax incentives for employers to provide health insurance, by allowing a tax deduction for the entire expense which are paid by the company. Additionally, employees are often given the opportunity to use pre-tax income to pay for their covered dependents or elective benefits, through a Section 125 plan. These tax credits do not have to be repaid, as long as the programs are administered correctly.

 Medicare Eligibility

For persons reaching age 62, their eligible spouses, and certain disabled people, the federal government provides Medicare, which has components which are fully paid by the government, Part A for hospitalizations and Part B, which is for outpatient care and requires an insurance payment monthly. There is also a prescription drug program which requires an insurance premium, unless the enrollee chooses a Medicaid Advantage Plan with an integrated drug program.  And there are Medicare supplements, which cover the many deductibles and co-payments that Medicare requires.

 Obtaining age 62, 65, or 70 does not automatically mean that person is enrolled in Medicare. The individual must apply for Social Security Benefits first, and that process takes two months. During this time, the Social Security Administration will verify residency status, address, and determine the number of quarters the applicant paid the necessary payroll taxes to qualify. Social Security is NOT FREE, the applicant must have earned wages and paid payroll taxes for Social Security and Medicare for no less than ten years. Some, myself included, think this is too liberal, because what other entity, government or private provides a pension after only a decade? Social Security is financed through a trust fund and current payroll taxes from employees and the self-employed whom are still working.

 In addition to the age qualification, Social Security is eligible to persons who have end-stage renal failure (kidney) and are on dialysis and for those who are blind. It is possible for other individuals with disabilities to qualify for benefits, but this is not easy and is not guaranteed.

 Conclusion

The United States does not offer FREE HEALTH CARE, rather it provides various targeted programs for enrollment, based on eligibility. These standards require individual tax contributions at all levels, based on the Internal Revenue Service Code. Only billionaires and a few hedge funders seem to manage tax exemptions. If you earn wages in the U.S.A. you will pay into the Social Security and Medicare programs. Residents in the country may be eligible for Medicaid or Insurance Exchange subsidies based on the duration of their residency and their immigration status. Americans are raised with the ethos that we work and earn that which we acquire and utilize. Though our tax code is arcane, it does provide incentives for programs the nation is trying to encourage and those it discourages. Universal healthcare is a myth, for even in countries with national health systems (France, Germany), there are populations whom are not covered under the safety net, primarily based on residency status.  Where the US goes off the rails is in the affordability of health care, ranked as the most expensive health care in the world. And of course, there are more persons without medical insurance and access to care in the US than in other nations with national healthcare systems. That said, this bellicose nation does not appear ready to move away from its current system in the near future.

 And this is the healthpolicymaven signing off, encouraging you not to sign blanket releases when you agree on a surgical procedure or a hospitalization, do specify that for which you agree and decline. It is best to do this with an Advanced Medical Directive or a POLST agreement. Make sure your emergency contact is aware of this document and be prepared to present to healthcare administrators.

 Roberta Winter is an independent healthcare analyst and journalist who receives no money from any sector of US healthcare. She is the author of Unraveling US Healthcare-A Personal Guide, published by Rowman & Littlefield in 2013. She has been a speaker at international and national healthcare events.

https://www.amazon.com/Unraveling-U-S-Health-Care-Personal/dp/1442222972

Sunday, March 3, 2024

Hospitals Across the Country Forced to Return Millions for Overcharging Patients

Behemoth Providence Health Care abandoned their defense for avoidance of providing charitable care to eligible patients and settled with Washington State’s Attorney General only weeks prior to trial, because they knew they would lose. Attorney General, Bob Ferguson (gubernatorial candidate) and his team, compelled Providence to refund 20 million dollars and forgive medical debt of 137 million, all owed to low-income patients. The suit impacts over 100,000 state residents. (Washington Attorney General, 2024)

Providence operates 14 hospitals in Washington State under that moniker as well as Swedish and Kadlec hospitals. Washington State was able to achieve this result for the people of the state because of the strength of its charitable care laws. For more information on Providence’s reach in other states, including Oregon, California, and New Mexico, read my former post from September 25, 2022.

https://healthpolicymaven.blogspot.com/2022/09/opportunistic-practices-based-on.html

 Summary of Charitable Care Standards in Other States

State

State Mandates for Charitable Care at Hospitals (Bosco, 2021)

California

Families without medical insurance, those with high medical costs, and people within 400% of the federal poverty rate are eligible for financial assistance.

Colorado

A 2022 law strengthens protections from medical debt and requires all hospitals to provide medical assistance.

 

Connecticut

Requires all hospitals to screen for financial aid, but only mandates aid consideration for persons not covered on Medicare, Medicaid, or other coverage and whose income is below 250% of the federal poverty rate.

Illinois

Hospitals must offer financial assistance to families within 600% of the poverty rate, free care is mandated for those within 200% of the poverty rate, and hospitals are prohibited from collecting more than 20% of a patient’s income for payment in a twelve-month period.

Massachusetts

Families whose incomes are within 200% of the federal poverty rate are eligible to receive financial assistance.

New Jersey

Specifies families without medical insurance and those with low reimbursement from insurance plans are eligible for charity care. Also stipulates that healthcare providers can only collect a portion of patient income for repayment and the law stipulates what that payment ceiling is based on income.

Oregon

Requires hospitals provide full financial aid for those within 200% of the federal poverty rate and a sliding fee scale for those within 400% of the poverty rate.

Texas

Requires financial aid for those with incomes equal or less than 21% of the federal poverty rate. And individuals must be ineligible for Medicaid.

Washington

Families with incomes below 100% of the federal poverty rate must receive free care; families within 200% of the poverty rate are eligible for financial assistance.


 Lawsuits Against Hospitals Elsewhere

North Carolina

HCA (Health Care of America) is once again charged in North Carolina in a case against Team Health brought by heroic emergency doctors at Mission Hospital. The lawsuit alleged:

HCA-Team Health used unnecessary trauma coding to get more money from insurers, the government, and patients. On average, patients using this trauma facility were overcharged $40,000 through unnecessary specialists, procedures, and drugs through this “upcoding scheme.” Doctors alleged that nonphysicians made these coding decisions in Mission Hospital, as a part of HCA’s business practices to optimize reimbursement. Most of the upcoding and overcharging were done on geriatric patients.

Tennessee

HCA and Team Health are also being sued in Tennessee for overcharging practices for billing practices in Bucumb County. (Jones, 2023)

HCA has the distinction of having the largest (2003) settlement of 631 million with the US government for overcharging Medicare and Medicaid. Interesting factoid, HCA was helmed by android Rick Scott, who went on to become Governor of Florida, and then Senator during the Trump Administration. Unfortunately, being a shyster, does not appear to hurt your chances of doing even greater damage to the American people.

 Widespread Aggressive Collection Practices

Kaiser Family Foundation found in 2022 that thousands of hospitals bring lawsuits against patients to collect unpaid bills, regardless of the patient’s ability to pay. They found at least 5,100 used aggressive collection practices, despite charitable care eligibility and other mitigating factors. Worse yet, 20% of these hospitals deny emergency care to patients who are in collections, which may be illegal under the federal Emergency Medical Treatment Act. And because these hospitals know the public would not approve of their collection practices, they do not make this information available to the public. And many directly flout their own edicts on charitable care, Lourdes, an Ascension Hospital in New York said they no longer practiced this technique in 2019, but New York court records show they were still doing it in 2021. (Levy, 2022)

Here is a nationwide map of the hospitals who have been found to practice aggressive collection:

https://kffhealthnews.org/news/article/medical-debt-hospitals-sue-patients-threaten-credit-khn-investigation/

 By shining a light on egregious and often illegal collection practices of healthcare organizations we can create some reforms.  Through the power of the free press and our collective actions we can make a difference. Remember, you do NOT have to let a collection action or lawsuit go unchallenged and it is highly likely a judge will take a more favorable view towards an individual than a large corporation, but you do need to show up in court. Get a nonprofit legal organization to assist in your action if you cannot afford legal representation. Any Google search will show plenty of law firms which specialize in defense of medical claim actions brought by hospitals.

 And this is the healthpolicymaven encouraging you not to sign blanket releases when you are going to have medical procedures, do stipulate that for which you agree and which you decline. No money was accepted from anyone in the healthcare industry for this article. Roberta Winter is an independent healthcare analyst and journalist.

 References

Jones, B. D. (2023, June 14). Doctors’ lawsuit: HCA Healthcare and TeamHealth overcharged patients. Retrieved from Asheville Watchdog.org: https://avlwatchdog.org/doctors-lawsuit-hca-healthcare-and-teamhealth-overcharged-patients/

Levy, N. M. (2022, December 21). Hundreds of Hospitals Sue Patients or Threaten Their Credit, a KHN Investigation Finds. Does Yours? Retrieved from KFF Health News.org: https://kffhealthnews.org/news/article/medical-debt-hospitals-sue-patients-threaten-credit-khn-investigation/

Washington Attorney General. (2024, February 1). AG Ferguson: Providence must provide $157.8 million in refunds and debt relief for unlawful medical charges to low-income Washingtonians. Retrieved from Washington State Office of the Attorney General: https://www.atg.wa.gov/news/news-releases/ag-ferguson-providence-must-provide-1578-million-refunds-and-debt-relief