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Medicare Drug Program News
Medicare Advocates Question CMS Tip Sheet on Drug
Program's Donut Hole
Info sent to 'CMS
Partners' to help explain the coverage gap
August 18, 2006 The new Tip Sheet recently sent
by the Centers for Medicare & Medicaid Services (CMS) to its Partners on
"How the Coverage Gap works for People with Medicare Prescription Drug
Plans" is misleading and certainly not helpful, according to a Medicare
advocacy group.
Toby Edelman, a Senior Policy Attorney with the
Center for Medicare Advocacy (CMA), says the Tip Sheet "contains misleading
and inaccurate slanting of information which will cause confusion for
advocates who are trying to help Medicare beneficiaries navigate the
complexities of Medicare Part D's coverage gap."
CMS Partners are organizations that volunteer to
assist CMS with its programs. This has been a significant system for
helping inform senior citizens about the drug program and helping to
enroll them.
The Center for Medicare Advocacy, Inc., founded in 1986, is a national
non-partisan education and advocacy organization that identifies and
promotes policy and advocacy solutions to ensure that elders and people
with disabilities have access to Medicare and quality health care.
The Center for
Medicare Advocacy's national office is in Connecticut,
with offices throughout the country, including Washington, DC.
In the table below is the analysis of what the CMS
Tip Sheet says and what CMA says is "reality."
|
What
the Tip Sheet says |
In
reality |
|
"Many health insurance plans
have limits on how much they will cover for prescription
drugs, and Medicare drug plans are no different." This
sentence is the first sentence in the Tip Sheet. |
No other health insurance
plan has ever been structured like Part D plans, with
first-day coverage, an enormous gap, and catastrophic
coverage. Rather, Part D is more like two entirely separate
plans, with a large hole in the middle. |
|
"The good news is that
Medicare drug plans provide catastrophic coverage if a
person with Medicare has an unexpected illness or injury
that results in extremely high drug costs." This is the
second sentence. |
Catastrophic coverage is
available to plan enrollees only if their
prescription drug costs (for formulary drugs) are high
enough to push them through the donut hole. Catastrophic
coverage is not automatically available to all plan
enrollees with high drug costs. Moreover, many
beneficiaries need catastrophic coverage not because of an
unexpected illness or injury but because of a chronic
condition and high (and increasingly higher) prescription
drug prices. |
|
"This catastrophic coverage
assures that almost all of their costs are covered after
they have paid $3,600 out-of-pocket." This is the third
sentence. |
Beneficiary out-of-pocket
costs are actually higher, since the premiums that
beneficiaries pay are not included in the calculation.
Additionally, only costs associated with formulary drugs
count toward the $3,600 figure, or true out-of-pocket costs
(TrOOP), and only if the enrollee, a family member, or
certain charities pay the costs. Payments made by ADAPs,
employer plans, and pharmacy assistance programs are not
included, even if the drugs are on the formulary. Plan
enrollees who take non-formulary drugs pay the full costs of
those drugs and these costs also are not counted towards
satisfying the TrOOP. $3600 is the minimum amount of
out-of-pocket costs that an enrollee must pay before
becoming eligible for catastrophic coverage (coverage
beyond the donut hole); the real out-of-pocket cost may be
considerably higher. |
|
"After the person with
Medicare has met their plan's standard level of coverage and
before they meet the catastrophic coverage, they will pay
all of the costs for their drugs. This period is called the
coverage gap (sometimes called the donut hole'). Sentences
four and five. |
True. Beneficiaries must
also continue to pay their monthly Part D premium, even
though they receive no insurance benefit during this
coverage gap. |
|
"Only about 28% of people
with Medicare who have drug coverage are in a plan that has
a coverage gap." |
This statement is misleading
because it suggests that most beneficiaries are in plans
that do not have a donut hole. In fact, only thirteen
percent (13%) of PDPs offer coverage for generic drugs in
the coverage gap and only two percent (2%) offer coverage
for generic and brand name drugs. Plans that offer the
standard drug benefit do not offer gap coverage. The Humana
plans with the lowest premiums, for example, are standard
benefit plans. Moreover, many beneficiaries without a
coverage gap are, as the Tip Sheet acknowledges, those who
get their drug coverage from former employers or other
insurance plans, not from Part D plans at all. And, even if
a beneficiary is in a Part D plan that provides some
assistance in the coverage gap, there is no assurance that
the plan provides gap coverage for drugs taken by the
particular beneficiary. |
|
"People who have limited
income and resources and qualify for full extra help will
not be affected by the gap in coverage. However they will
have to pay a small copayment or coinsurance amount for each
prescription they get." |
"Small copayment" is in the
eye of the payer. For many beneficiaries, these "small
copayments" are new and completely unaffordable. Full
benefit dual eligible beneficiaries who, until January 2006,
got their prescription drug coverage from Medicaid now have
higher costs and many are less able to get their
prescription drugs. |
|
"The person with Medicare
should always use their Medicare drug plan card, even
during the coverage gap." |
CMS's case example,
following this statement, belies this dubious advice.. CMS
gives an example of a beneficiary using a pharmacy discount
card to purchase a drug at a lower price than the plan's
negotiated price. CMS reminds beneficiaries buying a drug
at a lower price to "send their receipt to their Medicare
drug plan" in order to have the amount count towards the
TrOOP. This example is a clear acknowledgement that Part D
plan prices may not be the lowest drug prices. |
Possible solutions suggested by CMA for
beneficiaries who are in the coverage gap:
● Beneficiaries in some states may be eligible
for assistance through a State Pharmaceutical Assistance Program (SPAP)
if their state has an SPAP and if they meet the eligibility criteria.
● Some current Part D enrollees may be eligible
for the low-income subsidy, or extra help, which will provide assistance
with costs through the donut hole.
● A few pharmacy assistance programs (PAPs) may
provide some drugs at no or a reduced cost for people with Medicare;
most do not. However, even if they do offer this service, payments made
by a PAP do not count towards the $3600, meaning that people who receive
assistance from these programs may never reach the catastrophic
coverage.
According to the Center for Medicare Advocacy, for
most beneficiaries there is, unfortunately, no solution for the coverage
gap. They must continue to pay the full cost of their drugs and their
Part D premiums until they either reach the out-of-pocket limit or until
January 1, when the calculations begin all over again.
A beneficiary who finally reaches the $3600 on
December 31 must start to accrue out-of-pocket costs all over again on
January 1, in order to get out of the gap and get catastrophic coverage
in the following year.
CMS' failure to understand the adverse effect of
the donut hole on older people and people with disabilities was apparent
in this week's announcement of the average Part D premium for 2007, says
CMA.
"Coming only a week after the donut hole tip sheet,
the premium announcement fails to acknowledge that the lowest cost plans
for 2007, like those in 2006, do not provide the donut hole coverage
that CMS touts in its tip sheets," said the statement issued by CMA.
"Once again, many Medicare beneficiaries may have
to choose between low premiums and adequate prescription drug coverage."
"The donut hole as a health care policy experiment
has not been successful. Older people and people with disabilities need
a prescription drug benefit that provides continuous coverage as long as
their premium is paid, so that they are not faced with large, sudden
drug care costs," said Center for Medicare Advocacy Senior Policy
Attorney Vicki Gottlich.
>> "How the Coverage Gap Works for People with
Medicare Prescription Drug Plans"
Click to pdf copy.
>>
More about the CMS Partnerships Click here.
>>
Home page for Center for Medicare Advocacy click here.
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