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California HME Update

Final Action on State Budget
Medi-Cal DME Rate Freeze Not Included

The final budget Conference Committee report and budget trailer bill did not include the CAMPS proposal to freeze Medi-Cal rates using the 1/1/16 Medicare rates. Current law requires that DME be reimbursed at 80% of the Medicare rate or 100% of Medicare for custom rehab equipment. CAMPS has sought budget trailer bill language to change that percentage to 100% of the Medicare rate for all DME and to use the Medicare rates in effect as of January 1, 2016. Currently Medi-Cal is using those rates but could use the subsequent Medicare rates that are much lower based upon CB rates.
 
This provision would have frozen rates and required Medi-Cal to increase all DME rates to 100% of Medicare resulting in a substantial increase in the rental rate for ventilators. The final budget action did include use of some of the $1 billion in new cigarette taxes to make supplemental payments to doctors and dentists for Medi-Cal. The final amounts of $325 M for doctors, $140M for dentists, and $55M for family planning services was much less then what both the Assembly and Senate had recommended. The Governor had proposed using that $1 Billion in new funds to backfill existing Medi-Cal expenses in what appeared to be in direct contradiction to what the voters approved in Prop 56 that these new funds "not supplant" any existing funding for Medi-Cal.
 
The CAMPS rate freeze proposal was one of several stakeholder proposals on Medi-Cal spending that were adopted by either the Senate or Assembly but ultimately not included in the budget package adopted yesterday. It is still unclear what if anything DHCS will do with respect to DME rates since there is so much uncertainty at the federal level. We may consider sponsoring separate legislation in the future but ultimately the Governor has to agree with our proposal to be successful.

Start of Medi-Cal Claw Back

We informed you last week that DHCS had posted a notice and sent letters to all impacted providers announcing the initiation of the claw back of the 10% provider rate cut for DME. Here is a link to a copy of the announcement
 
 
This letter will only be sent to the provider "pay to address" on file so you may want to check that address. The claw back covers DME payment for the period between June 1, 2011 through October 23, 2013. The adjustments will appear on the impacted provider RAD forms beginning about August 24, 2017. It will not include a total of the dollars to be recouped or a complete listing of all impacted claims. Each RAD will only include those specific impacted claims and the amounts being taken back.
 
We had indicated based upon comments made in a meeting with representatives of DHCS and Conduent, formerly Xerox, that there was no cap on the amount of the recoup in an individual check write, e.g. provider could owe more than the check write amount and zero out that weekly check write. That is not consistent with the statement in the provider letter which states that only 5% of the check write amount would be withheld.
 
We are awaiting clarification on that question and a number of others. We will share additional information as it becomes available. The claw back will only be taken from fee for service claims processed by Conduent.





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