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Recent changes in Medicaid are beginning to impact some of you. This is a talking point sheet that the National Alliance for the Mentally Ill in Delaware developed to support HB 93 to repeal some of the changes. The bill passed the House, but did not go anywhere in the Senate, so it will come up again next year. The new regs have thing embedded that are not easily understood, including affecting the number of pills you may receive. Note the 5th dotpoint under the New Regulations section. This is a problem, because children typically get smaller dosages they take over the course of a day, rather than one pill with a bigger dose. For those of you who have Medicaid for yourselves or your children, you need to be familiar with and understand these changes. We need to work together with NAMID and other groups to change this during the next session.
Delaware Medicaid Prescription Drug Coverage:
Recent Developments Create Potential Risks for Consumers and Physicians
The New Regulations
¨ If a person has more than 15 prescriptions, prior authorization is required for each additional prescription.
¨ Co-pays ranging from $0.50 to $3.00 per prescription.
¨ Preferred Drug List (PDL): only those medications on the list can be prescribed and paid for by Medicaid without prior authorization- typically these are cheaper drugs.
¨ Physicians instructed to prescribe generic or other less-expensive medications- if these are not on the PDL, the patient must fail first on these before getting authorization to receive the PDL drugs.
¨ Physicians urged to prescribe daily doses rather than doses taken throughout the day.
Concerns of Health Advocates & Physicians
¨ Compliance: Medications that are less costly are likely to be less effective, older forms of treatment, or have more or more severe side effects. For people with certain illnesses such as HIV or schizophrenia, the side effects may be perceived as worse than the illness itself, leading to reduced compliance. Additional prescriptions may be necessary to treat side effects.
¨ Affordability: For people whose income is so low that they qualify for Medicaid, co-pays can be prohibitive, especially if multiple prescriptions are needed. If the drugs their doctor believes they need are not authorized by Medicaid, their only likely alternatives will be a less-effective regimen or to forgo particular medications.
¨ Health risks: Changing medications, requiring a patient to “fail first” on an older medication, and investing authority to decide whether a medication is appropriate for an individual patient in an entity other than the patient’s healthcare provider all put the consumer at risk of worsening their condition. The effects of dosing some medications once a day, rather than spread over a day, may make the patient too ill to engage in or perform well at productive activities such as work or school.
¨ Physicians’ burdens: Prior authorization for multiple prescriptions is a large burden on the time of physicians, especially those who treat many Medicaid clients. If they prescribe a medication that the state will not authorize but the patient cannot afford on their own, that patient will effectively not be treated. If a less effective medication is then prescribed that will be covered, but the patient “fails” on it, the doctor may be at risk of liability for that failure.
¨ Cost savings: The savings that may result from these changes would only reflect savings on prescription drugs. But limited access to appropriate medication is likely to result in increased treatment, hospitalization, emergency department, and corrections costs, as well as reducing the economic productivity of people whose new medications are not effective enough to allow them to work.
Legislation: HB93
¨ HB93 would repeal those Medicaid regulations which restrict the availability of pharmaceuticals and ensure that such restrictions must be “expressly authorized by the General Assembly”.
¨ The bill passed the House 37-0 on March 22, 2005, and is currently awaiting action in the Senate Health and Social Services Committee. If not passed before the legislative session ends on June 30, 2005, it is unlikely that any action could be taken on the bill before the 2006 legislative session opens on January 10, 2006.
Theda M. Ellis, M.Ed., MBA
Executive Director
Autism Society of Delaware
(302) 472-2638
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NEWS FLASH! JULY 1, 2005
HS 2 for HB 108 - Delaware Mercury Legislation Passes House and Senate!
Due to the tireless efforts of several ASD members including Jane Miller,
Lisa and Joe Dent and Rob Gilsdorf and non members Teri Small and Eileen
Coleman... Delaware now has a law (after the Governor's signature of
course!) that will greatly restrict the use of mercury rich vaccines in the
State of Delaware. The group worked with key legislators including, Rep(s)
Pam Meier and Dick Cathcart who fought the battle with fierce
determination. The debate was spirited and took place with intensity over
the last several weeks and culminated in the final hours of the session
(after midnight last night). On the House floor, our advocates including Pam
and Dick as well as Rep Bill Oberle and others worked this important
piece of legislation through the process despite vigorous opposition from
the medical lobby in Delaware.
Please read the next addition of "The Sun" for a more detailed account of
this significant effort. ASD and its members should be proud of the work
put forth by this group of concerned parents... thinking of others and
putting in the time to make the difference. Thanks to all involved who
directly participated and all the others who called their legislators to
express their opinion...... we really made a difference!
Regards
Rob Gilsdorf
Chair, ASD Legislative Committee
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Legislative &
Advocacy Committee Update - Delaware's Autism Registry
August 2004
By Rob Gilsdorf
HB500, legislation to
establish Delaware's Autism Registry was passed by our State Legislature on July
1st. The bill was introduced on our society's behalf and was sponsored by
Representative Dick Cathcart, with cosponsors Rep Bill Oberle and Senators
Sokola, Amick, Blevins, Connor and Sorensen. Many thanks belong to our
supportive legislature who passed the bill unanimously as well as the dedicated
efforts of our committee members.
What exactly is the
registry and why did we work so hard to have it established in Delaware?
The bill has two components.
1)
It requires physicians who diagnose autism to report the diagnosis to the
State of Delaware, and
2)
It will allow access to the medical records of autistic citizens in the
state if and when medical studies are conducted searching for the possible
causes and effects of autism spectrum disabilities. Any study must be recognized
by the Department of Health and Social Services, DHSS) in order to receive
access to medical records. 0
There are a few reasons why
we worked hard to get this legislation in place. Numbers of autism diagnoses are
on the rise. Having hard data will build credibility for ASD's message of
"increasing need" for our group. Understanding the size and
composition of our autism population in Delaware is critical to our continuing
efforts to garner financial support from the legislature for our children and
our adults with autism. It will give our elected officials data to use as
they plan their support for us going forward. In addition, studies
conducted today are often encumbered by limited access to health information of
individuals with autism. This access may make the difference in determining the
cause and corresponding medical effects of the disability. I think we all
would like to the "the" answer on why autism occurs and how it may be
averted or even possibly cured.....
The autism registry will be
implemented by DHSS through regulations that will be developed this fall.
Hopefully, HB500 will be fully implemented early next year. The regulations
will define exactly how the legislation will be upheld and enforced. As
the bill is written and put into law, it affects only those diagnoses that take
place in the future and so, in its current form, will take years to get a full
registry developed. We will pursue a "voluntary" component to
this legislation either in the regulations or by initiating more legislation
during the upcoming general assembly. By doing this, each us may choose to
include our children in the registry now and make the registry more complete
years before a prospective count of diagnoses will be available.
While this legislation is
just a small step for us, it is a very significant starting point as we continue
our efforts in Delaware. Our committee will be very active again this year and
we need your thoughts on what our focus should be. We would appreciate
your participation in the process. If you are interested in joining our
committee, have suggestions for us to consider, or have questions regarding the
autism registry that I have not addressed in this article, please give me a call
at 378-3462.
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