PA Legislature gives DPW green light for copays on services for children with disabilities.
On June 30, the PA General Assembly enacted significant changes to the Public Welfare Code which governs many of DPW’s programs, including Medical Assistance. These were signed into law by the Governor on June 30 as Act 22 of 2011. Generally speaking, these changes grant DPW the authority to make significant changes to Medical Assistance benefits and provider reimbursement rates without the usual oversight by the General Assembly or the Independent Regulatory Review Commission.
Among the changes made, was the express grant of authority to DPW to charge copays for services to some children under 18 with disabilities that are covered under Medical Assistance. DPW will be able to require providers to charge families a copay for services their children receive under Medical Assistance. The copays would not apply to children on SSI or families whose children receive cash assistance. The copays could apply to children whose family income is above 200% of the federal poverty level. Those amounts, by family size, are below:
|
Household
|
Monthly income (200% of poverty)
|
Annual income (200% of poverty)
|
|
2
|
$2,452
|
$29,420
|
|
3
|
$3,090
|
$37,060
|
|
4
|
$3,725
|
$44,700
|
|
5
|
$4,362
|
$52,340
|
|
6
|
$5,000
|
$59,980
|
|
7
|
$5,635
|
$67,620
|
|
8
|
$6,272
|
$75,260
|
It will now be up to DPW to make a number of crucial policy decisions in developing these copays. Below are a few of the critical issues DPW will need to address:
How much will the copays be?
Will they vary based on income?
How will income be determined? Gross or take home?
Will out of pocket medical costs be deducted in determining family income for copay purposes?
On which services will copays be imposed?
Will copays be imposed on each unit of service, each hour of service, each visit, per day?
Will there be a cap on the total amount of copays?
Will copays be imposed on services authorized but not delivered?
Who collects the copays?
What happens if the family can’t or doesn’t pay the copay?
Will there be any exemptions, say for example, children on waivers?
Unfortunately, DPW will be able to make these crucial policy decisions without oversight by the legislature or the Independent Regulatory Review Commission. It appears that DPW can avoid the regulatory process and just publish a notice in the official state publication- the PA Bulletin- that will “set forth the copayment schedule”.
This means that it will be absolutely essential that there be an open and inclusive process to obtain input from affected families and providers to address the issues above and others. The Health Law Project looks forward to working with family and advocacy organizations as well as providers to advocate with DPW.