February 23, 2024

UPDATE FROM THE AMA STATE ADVOCACY SUMMIT

JANUARY 11-13, 2024

Dear Members:


I had the opportunity to attend the American Medical Association (AMA) State Advocacy Summit, which concluded in not-so-sunny Amelia Island, Florida. The meeting was packed with enlightening information on a list of topics from a variety of panelists. Because of the importance of these issues, I plan a series of communications to the membership over the next several months with a summary of the topics discussed, as well as my thoughts.

AMA President Jesse M. Ehrenfeld, MD, MPH opened the Summit, introducing best selling physician-author and prominent voice in medicine, Abraham Verghese, MD. Dr. Verghese has a uniquely humanistic view of the future of health care and received the National Humanities Medal from President Obama "for reminding us that the patient is the center of the medical enterprise." He is best known as a phenomenally successful author with his first novel, Cutting Stone, topping The New York Times bestseller list for over two years and named by Amazon as one of its "100 Books to Read in a Lifetime." The book is currently being adapted for film. Published in 2023, his long-awaited second novel, The Covenant of Water, debuted as a New York Times bestseller and was the 101st pick for Oprah Winfrey's Book Club. Oprah developed a six-part podcast series diving into the themes of the book through intimate conversations with Dr. Verghese.

Insurance Barrier to Care:

Denials, Prior Authorization, Appeals, and the Data Informing Efforts

(#1 in a Series)

First up in my series of communications from the AMA State Advocacy Conference is a discussion on "Insurance Barriers to Care: Denials, Prior Authorization, Appeals, and the Data Informing Efforts." This critical presentation, moderated by Lucy Culp, Executive Director of State Government Affairs for the Leukemia and Lymphona Society, featured insights from panelists Kaye Pestaina, Anna Hyde, and Michael Humphreys.

Kaye Pestaina, Vice President and Co-Director, Program on Patient and Consumer Protections with Kaiser Family Foundation.

Kaye Pestaina provided a broad overview of the state of claims denial, which stands at an average of 17% but varies significantly across states. For instance, Delaware experiences high denial rates, whereas Maryland, Pennsylvania, and New Jersey see lower figures. Surprisingly, only 0.2% of these denials go to appeals, with 60% of these appeals being upheld. A notable point was that six in ten individuals face insurance issues, with 16% encountering prior authorization challenges, especially those with chronic illnesses. A concerning finding is that about half of the patients are unaware of their right to appeal. Refer to accompanying slides: Claim Denials, Claims Data, and Insured Problems with Insurance.


Anna Hyde, Vice President of Advocacy and Access, Arthritis Foundation.

Anna Hyde focused on the complexities of Step Therapy. She revealed that 70% of patients are required to undergo this process, with 39% having to try three or more drugs and 30% two drugs. The primary reason (49%) for this is failure of previous medications. The waiting time for approvals is also alarming, with 50% waiting over five days and 42% over seven days. Hyde highlighted the emotional (70%) and physical (50%) co-morbidities resulting from these delays. Her discussion on prior authorization issues was supplemented with informative slides. Refer to accompanying slide: Step Therapy.


Michael Humphreys, Commissioner, Pennsylvania Insurance Department.

Michael Humphreys discussed the recent Consensus Legislation in Pennsylvania, which includes provisions for electronic submissions, staff training, and an external review process involving the State Insurance Department. His presentation, detailed through additional slides, offered a blueprint for effective legislative action and is important for us to follow as legislation being introduced in Delaware is modeled after Pennsylvania. Refer to accompanying slides: Prior Authorization Findings and Appeals & Denials Review.


Key Points from the Q&A Session:

The Q&A session was particularly illuminative. Topics ranged from issues with repeat Step Therapy upon changing insurance providers, the need for physician involvement in complaints and appeals with the State Insurance Department, to the necessity for data transparency and ending data siloing. A detailed discussion focused on navigating complexities with commercial insurance, Medicare Advantage, Medicare, and ERISA. A critical issue raised was the slow response to federal complaints, often taking up to six months.


As a physician community, we must continue to advocate for transparency, efficiency, and patient-centered approaches in insurance processes. The insights from this session will be invaluable in guiding our efforts and conversations with policymakers, insurance companies, and health care professionals.


Thank you for your continued commitment to MSD. Together, we can strive towards a health care system that is more accessible and equitable for all.


Look for my next communication highlighting another topic from this Summit, "Conversations with Leading State Regulators."

Robert J. Varipapa, MD

President

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