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Medicare News

Medicare Slams Door on Enrollment and Marketing of Aetna’s Drug and Advantage Plans

CMS says Aetna has failed to fully meet its obligations to Medicare beneficiaries

April 9, 2010 – Last Monday, April 5, the Centers for Medicare & Medicaid Services privately notified Aetna Insurance Company of its intent to impose an intermediate sanction to prevent Aetna from marketing to and enrolling new beneficiaries in its Medicare Advantage and prescription drug plan. Today, Aetna announced is it will cease enrollment and marketing due to the CMS action.

 

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Fox Kicked Out of Medicare Drug Program; Seniors with Fox Need to Choose New Plan

Senior citizens in 21 states enrolled in the Fox plan will be provided access to drugs; need to choose new Medicare prescription drug plan by May 1

March 11, 2010 – Fox Insurance Company of New York this week became the first insurance company to be terminated from the Medicare prescription drug program (Part D).


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The sanctions relate to compliance with certain Medicare Part D requirements, primarily those relating to changes in the drugs covered by certain plans from 2009 to 2010, according to Aetna.

CMS also today released a news release about the action, saying the sanctions were necessary to “ensure that Medicare beneficiaries continue to have access to prescription drugs under Medicare’s requirements.”

The CMS release stated, “The intermediate sanction, which will prevent Aetna from marketing to and enrolling new beneficiaries, will be effective April 21.   It will remain in effect until Aetna demonstrates to CMS that it has corrected its deficiencies and they are not likely to recur. 

“Medicare’s actions should not impact the approximately one million enrollees in the Aetna plans across the country.

“Aetna was served with the intermediate sanction notice because it has continued to improperly administer the Medicare drug benefit in the plan’s national standalone prescription drug plan (PDP) and its 25 Medicare Advantage prescription drug (MA-PD) contracts.”

Aetna’s statement said, “The suspension does not affect current Aetna Medicare enrollees.  Aetna is cooperating fully with CMS on its review, and is working to resolve the issues CMS has raised as soon as possible.”

“Compliance problems are unacceptable to Aetna; the issues raised to us by CMS have our utmost attention,” said Aetna President Mark T. Bertolini. 

Aetna Faces Medicare Sanctions: Kaiser Health News

Health insurer Aetna announced Friday it will suspend "marketing to and enrollment of new members to its Medicare plans for the elderly because of sanctions imposed by the U.S. government," Reuters reports.

The suspension will effect "Aetna's Medicare Advantage and standalone prescription drug plans, but … not … its current Medicare enrollees" (Krauskopf, 4/9).

Wall Street Journal: The problems pointed out by the Centers for Medicare and Medicaid Services involve "compliance problems related to drug-plan requirements." 

According to the Journal, "Aetna went from an open formulary in 2009 to a closed formulary this year for many of its Medicare plan benefit packages, spokesman Fred Laberge said. In an open formulary, patients can be prescribed most any drug, while a closed formulary restricts the choices of available medications. The issue relates mostly to existing individual-plan members who were prescribed a drug that was on the 2009 formulary but was no longer on the formulary this year, he said.”

While CMS approved the health insurer's 2010 formulary, affected members may not have received a one-time, 30-day transition supply of drugs, he said."

The company has said it will cooperate fully with the CMS review and is working to resolve the problems as soon as possible. "The company estimates some 20,000 current members may have been affected by compliance problems related to transition" from an open formulary in 2009 to a closed formulary for "many of its Medicare plan benefits packages" (Wisenberg Brin, 4/9).


This information was reprinted from kaiserhealthnews.org with permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery. © Henry J. Kaiser Family Foundation. All rights reserved.

“Aetna takes our obligations to our Medicare beneficiaries seriously, and our priority is to help ensure they have access to high-quality care, excellent service and needed medications.  We are working with CMS to resolve these matters, and we also will be doing proactive outreach to impacted members to resolve these issues.” 

Approximately 400,000 Medicare beneficiaries are enrolled in the organization’s MA-PD plans and another 600,000 are enrolled in the Aetna PDP, according to CMS.

“Current Aetna health and drug plan members who are having difficulty in getting their prescriptions filled should contact 1-800-MEDICARE or their local state health insurance assistance program for help,” said Jonathan Blum, acting director of CMS’ Center for Drug and Health Plan Choices. 

The news release further said, “Medicare issued the intermediate sanction because the plan has failed to fully meet its obligations to Medicare beneficiaries.   More specifically those obligations include, but are not limited to:

   ● Failing to meet Medicare’s transition requirements by ensuring that existing beneficiaries were able to continue to receive drugs they had been receiving in 2009 that were not on the plans’ formularies in 2010;

   ● Improperly processing coverage determinations and expedited appeal requests in cases where delays would jeopardize the life or health of the enrollee;

   ● Applying prior authorization (PA) and step therapy (ST) drug requirements that had not been approved by Medicare; and

   ● Failing to take timely and proper steps to ensure that enrollees are eligible for the Part D low-income subsidy (LIS). 

CMS said the reports of problems were raised to CMS by both plan members and their physicians.   

CMS says it will closely monitor the plan to determine that corrective actions have been taken and these deficiencies are not likely to recur and if Aetna is not in compliance to Medicare requirements, penalties that range from fines to the possibility of termination of Aetna’s contracts with Medicare could be imposed.

CMS encourages plan members who may have concerns with their Part D coverage to contact 1-800-MEDICARE (1-800-633-4227) or the state health insurance assistance program (SHIP) to help get them resolved.

Just last month, Fox Insurance Company became the first company kicked out of the drug program by CMS. (See link to report in sidebar.)

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