August 5, 2026 · 39,475 words · 17 speakers · 552 segments
Hello, everybody. We are going to get started. The Commission on Medicaid will come to order. Mr. Shadun, please call the ball.
Representatives and Senators Barron. Presente.
Bridges. So excited.
Frizzell. I'm so happy to be here.
Gilchrist. Excused.
Kirkmeyer. She's, okay, she's here.
We'll say excuse for the moment.
Mullica. Excused.
Sirota. Excused.
Tigert. Here.
Brown. Here.
Madam Chair. Here.
Okay, so we have a very small and compact agenda. We should be out of here in about 45 minutes.
Yeah.
Yeah, not true. We have a very long agenda, and we got sent a whole bunch of material, and I assume people had some time to look over some of it in any case, but we are going to go through a lot of it today, and it sounds like we have breakout groups and all kinds of exciting stuff to get through. So I think at the end we will also try to figure out, make sure we're all in alignment on the next meetings and what we're going to be covering. And I do want to say thank you to healthcare policy and financing for putting together what looks like a very heavy lift of crosswalking things and breaking things out of the normal way that we see them. And it's really helpful. So thank you for that. And so we'll try to keep things moving along and also try to keep things, you know, positive to the extent possible given some pretty negative things that we're looking at. So with that, I will hand it over. Well, first of all, I will say that Senator Kirkmeyer is present. We knew that, and yet we're going to acknowledge it twice. and I'll turn it over to Summer Gatherkel.
Great. Good morning, everybody. I am also excited to be here with you all today. I'm also excited to be here in a new room. I have to tell you, I think I am still trying to get cool from last week's meeting. When I walked outside the building and it was actually cooler outside than it was in the building, that was very telling. So I appreciate the flexibility in moving our space. As Senator Mowgli said, we do have a very packed agenda today. So we're going to do, it's going to be a mix. We're going to be getting some presentations. We are going to be doing some working time together. So we're going to get up and be moving around. So for those of you who are worried about where everybody was sitting, that's going to change. So again, just want to ask you to trust the process. There is a point to everything that we're doing and why we're doing it and how we're setting it up. I too also want to give a shout out to HICPF that has been working around the clock to make sure that we got the materials. We do realize that you want the materials sooner. We're trying to get them to you sooner, that we've got more time between now and our next meeting, so we should be able to do that and shouldn't be any reason why. We also have already started working on what that list looks like for the next meeting, so we'll have that for you. So appreciate your patience and also appreciate all the work that HICPF been doing to try to give you the data that you been asking for in ways that maybe you haven seen it before So we do have a packed day It also National Work Like a Dog Day so that is what we going to be doing today is really digging in I will say yesterday was National Chocolate Chip Cookie Day, and I would have brought chocolate chips if we met yesterday, so we'll be cognizant of that going forward.
Never let that stop you.
Noted for the record.
So, yes, we have a lot that we want to do today. So what I want to do is kind of share with you first what we've heard from stakeholders so far, because I know this is something that's been important to many of you. We've had a number of different ways for people to engage. I will share that we've learned a little bit already along the way around what's working and what's not working. So what we have received so far is we have the public input survey, which I shared with all of you last week. We've also shared with interested folks who are on the list, both that I have and the staff have. So we're trying to get the survey out. I know that there are some groups that have already sent it out to their membership loud and clear, wide and far. So definitely appreciate that. We expect to see this number of responses increase significantly over the next couple of weeks. We have the short form, which is really kind of you don't want to take the time to go through the long survey, but you just want to share here's your experience. We have just a couple of responses to that so far. There are a few more that came in this morning, so that form is circulating. We've had office hours both in the last two days, which we, again, learned a lot about. So we'll be rethinking that, and I'll talk a little bit more about that. And we did ask for people. We have all the ways for people to give back information is anonymous. Some have agreed, many have agreed to be kind of quoted anonymously, but for right now we're keeping it pretty open and vague. You can see here who's responded to the survey so far. Obviously our biggest, the biggest respondents are the paid family caregiver at 56.1%. That is really, I think, reflective of the groups who have sent this out, right? So, again, we know that there's more work to do to make sure that we get this out to more providers, advocates, more individuals, the counties, and so forth. So, there's some work that we know that we need to do that we're planning to do this week, but wanted to at least share some of the initial things that we're seeing. We did, one of the big questions on the survey was what do respondents say to protect? As you can see here, the one that they want most protected is the home and community-based care services. So that is something that has jumped to the top. And at the bottom there, you see protect behavioral health and substance use disorder services. Again, this is more reflective of who has responded to the survey thus far, right? So I think it's just one thing. We wanted to give you an update on what we're seeing, but again, expect that this will change in the coming weeks and we'll continue to provide these updates to you. What we heard was working, because it's just as important to understand what's working in addition to where we need to do additional work. Family members being paid to provide care was high up there. The waiver services, the inpatient residential SUD waiver benefit. I'm not going to read through all this for you one by one, so you have it there, but again, I think it's just helpful to understand, you know, what we're hearing to protect and what we are hearing that is working well, because we do want to make sure that we understand that in order to be able to better grow those services What respondents have reported I just going to interrupt for one second I think we have Rep Gilchrist on Zoom Okay and then Senator Mullica has joined us
All right.
Good morning. Okay, what respondents reported experiencing? So, again, these are reported. They're not verified. It's what people are sharing is their experiences. 84% have had a service benefit or approved hours or payment rate cut or capped in the last year or so. There are 60% on a waiting list. 57% expect the new federal law to affect them. And 52 are average score of 100 on getting straight answers and respect. I will also share, having done recently a community needs assessment for the city of Denver, this is not an unusual number, right? So we are seeing that there's a significant need across the social service industry to make sure that we are treating people with respect and dignity regardless of their circumstances. And it was something that we heard from people with lived experience in that scenario as well. Hardest things to do, reach a person who could answer the question, get through enrollment or renewal, get help at home. So, again, lots of challenges there. And then we can see where there were some reported effects on a cut or a cap. So, more stress to the family, saving time spent working on calls or setting up meetings, missed work or lost income. So, we have a good sense on the first slide of kind of here's what's working, here's maybe what we want to do more of. And then we have some understanding here around what respondents are experiencing and where there's opportunities for improvement. Again, keeping in mind that most of the respondents thus far are the paid family caregivers as the majority of survey respondents. This is just a quick example. Again, I'm not going to read through all this since you have it in your packet, but what people wrote their survey open responses in the short forms on the left side there, you've got their written responses. the most the thing that most people are focused on the phased family phased paid family caregiver hour cap you know making sure that that is addressed the exception process is described as unusual unusable there were several reports of people learning about things from social media or the news as opposed to directly from the department or provider multi-year waiting lists I mean so So you can see the list goes on here, things that I think we can continue to look at and dig into and learn a little bit more so we can understand where there's opportunities for improvement. The short form, there's just a couple of bullets here. I know that some of you have asked for those raw responses. We're going to wait to provide those when we have a few more responses since four is such a low number. We want to make sure that we are providing that anonymity to the people who requested it. And then office hours. So for those people who participated in office hours this week, I will share that it was a learning experience. We are going to structure it and do it differently. We did in-person office hours on Monday, and we did virtual office hours yesterday. On Monday, we had a full two hours' worth of meetings. What we found is that people wanted more structure, more one-on-one conversations. So we have as of this morning identified some preliminary dates for office hours We put those out on the webpage hopefully by the end of this week and there will be time slots so people can sign up for a specific time slot And then virtual we still exploring the best way to do that And Senator Mowale, I know you dropped in yesterday. I would love to get your input on that at some point. That was more of an open conversation with various individuals jumping in and kind of sharing their experience, sharing their expertise, and making recommendations or suggestions for consideration. So the kind of big themes that we heard across both sets of office hours, the basic operational data is not attainable. So we heard a lot about, you know, wanting to ask, asking for data, wanting data, being told it wasn't available or they couldn't, it couldn't be given out. Lots of requests for additional stakeholder input from, especially from the department. So really making sure that the stakeholders and especially people with lived experience have the opportunity to engage, especially when new rules and regulations are coming out. Policy scored in the long bill are reportedly changing shape during rulemaking. So really, again, kind of some lack of communication there and perhaps not reaching what was thought to be the original intent of some of the funding. And then no mechanism for the legislature to verify whether promised savings materialized. So I think this comes back to, again, kind of data collection, what do we have, what do we know, and how can we learn if what we're doing is working going forward. A couple of the other things that were raised as themes, conflicting communications from the different agencies that you see listed here, some duplication across the different agencies as well, and of course those work requirements and six-month renewals that are coming up were a big concern for everybody. What was working and worth protecting. So again, I think it's just as important to weigh the good with opportunities for improvement. The provider stabilization fund is working as intended. The paid family caregiving is definitely cheaper than the hospital or more affordable than the hospital. Community providers are taking on the gaps that maybe the state can't currently cover. So they are really stepping in. So many thanks to all of them who are doing that. and certainly hearing that the current leadership at HCPOF is more open to collaboration and working towards trying to be as more transparent as transparent as possible.
Senator Kirkmeyer. Yeah, I'm a little confused how community providers absorbing the gaps that the state can't currently cover is something worth protecting. I think we would just want to make sure that that continues in whatever way is needed as the gap exists. So this wasn't coming from the community providers themselves because I don't know how they're going to keep absorbing the gap.
Correct. Yeah. Okay. To be clear, this was from somebody who came to the office hours. Yeah.
Any other questions, comments? Okay. Okay, I'll just say it seems to me like enough people came that it seems worth doing and I appreciate that if the structure is wrong then we can change the structure and make it more valuable for everybody's time. And so I appreciate you doing that and I know you spend a lot of time at it and it's also hard because people are scared. And so thank you for that.
Yeah, absolutely. Absolutely. So just one office hours, as I said earlier, we have just as of this morning identified Additional dates for in-person, we'll try to get those posted on the Commission webpage by the end of the week as well as virtual office hours as well. We'll have time slots there so that we can continue to give opportunities for people to provide input. Those will also go on your calendars as optional so you're always welcome to drop in, listen if you want, just want to make sure that you are aware of when they're happening. Last week I know and we can recirculate again to all of you this week, We sent all of you the stakeholder survey and the short form for people to share their experience. I want to just continue to ask all of you to share that with the groups that you're meeting, with your constituents and so forth so that we can get this out far and wide.
Yes, Senator Melko. Thank you. I heard from you and I've heard some feedback maybe on how much time was allocated for office hours or to meet with you, and it sounds like it was relatively popular in a number of people. I guess my question is, did you have to turn anyone away and then maybe for future office hours, I know we're planning, is there a plan to maybe allow for longer little periods of time for those discussions to happen?
Yeah, thank you for the question. We did not turn anyone away. I think we went, the office hours were from 11 to 1. I think I stayed a few minutes past one, but I would have stayed longer. I'd put extra hold time on my calendar if needed. I think what we're looking at is going to be 15 minute increments for people to sign up going forward for those office hours.
Yeah.
And certainly if you're hearing other feedback, open to figure out how to do it differently.
Yeah, I think if I could provide any feedback, I think that maybe if there is a request for something that maybe a discussion that needs to be longer than 15 minutes, if we can be open to that ability for folks to have a longer discussion.
Sure. Okay. All right. So just wanted to kind of remind us and ground us in, not that you all don't know all the work that we need to do, but we have a lot of things that we are working on and lots of different data that we're trying to make sure that we get to you, again, in a timely fashion. we've got of course what's laid out in the legislation what you've asked for, what people across Colorado are asking for so we're trying to be reworking the schedule I feel like multiple times to figure out how do we make the most use of the time that we do have and being very intentional around it. So just want to kind of assure you that we are aware of all of these asks. I think Senator Mamale you spoke well to it yesterday in office hours when someone said, well, what's the goal here, right? Like, we want to make sure that we get to our December 11th, or December report with, here's some very actionable, tangible things and recommendations that can be done. And there's probably going to be a list of things that are still going to need to be explored or considered. So I think keeping that balance in mind going forward will be really important. Just so you know that we are very aware of the schedule. We've got a couple of working sessions left where we're going to do some deep dives. I know that today is work like a dog day. I can tell you that all of our meetings going forward will also be work like a dog day and will probably be longer than the ones that we have scheduled so far. So I would expect that we will likely go into the evenings for some of these to make sure they able to get through all the data and information that we need SO I WANT TO KIND OF SET THAT EXPECTATION NOW SO THAT we have some time lots of time for synthesis discussion options and recommendations to pull together across November October and November. So just wanting to set that expectation now. All right. Any questions on that before we move into our next session. All right. We are, one of the things that we have learned and what you already all know is that there's a lot of nuances that are involved with everything that's going on at HICPUF. So we're going to gauge your current understanding and we're going to have a little friendly competition. So bear with me. This is something new I know for all of you. We are going to put you into small groups. You're going to have nine statements that you're given. Your group is going to decide if it's true, if it's true with a caveat, or if it's false. And then we'll see who ends up at the leaderboard at the end. Just to make it a little bit more fun, there is a gift bag for the winning team. So get ready to be a little... It's $3 socks from Target, so I think we're okay. So, what I'm going to ask is that you all move to get into your teams and hopefully we'll be able to get Representative Gilchrist to participate as much as possible. Maybe we can use the chat box. And if I can ask my colleagues from HICPF to come on up so we can talk to you about Truths and falsehoods?
Yep, please go sit next to your group.
Thank you.
.
Nope. You're going to be just looking at the screen. Yep. Yep. You actually can't look ahead, so don't worry. I'm just having trouble sharing my Yes yes I do If I can get do you have any I trying to figure out how Yeah is it not coming through Yeah so it this Shoot now where I go And then can you pull up the... Yeah. Is it a file that you're trying to save? Yeah, it was something on the internet. Okay, let me... Just like a webpage? Yeah. Are you able to download it? I'm not, yeah, because it's online. While you all are waiting, pick a team name. If this doesn't work, I might have you disconnect and rejoin the meeting. Okay. I can see if this comes through. I don't know. I'm not sure I'm not. Let's try this again. Oh, there it is. Okay. There we go. Okay. Okay. Thanks for your patience. So one person on each team, if you can use your phone to pull up the QR codes and put your team name in. One person on each team, use a QR code to pull up the quiz and put Put in your team name.
Yes.
Everybody got their team name in? So here's what you can, here's what's going to happen. You're going to see a statement pop up on the screen. You're going to have two minutes to talk about it with your team to determine if it's true If it's false, if it's true with a caveat, and then we will, we only have one team joined so far. Okay. Awesome Sauce, Kyle Majority, and Medicaid Avengers. All right. I like it. All right. So here's what's going to happen. There's going to be a statement that pops up on the screen. You have two minutes to talk about it with your team. You choose your answer. So your team captain chooses the answer. Once all the answers are submitted, we're going to have a discussion around whether or not it's true. Everybody ready? All right. Hospital care is the largest area of Colorado Medicaid spending. spending, true, false, or false with a caveat? Talk amongst yourselves you got 110 seconds You have one minute. Don't forget to submit your answer. All right, you have 20 seconds. Oh, everybody submitted their answers. All right. We are all across the board here. It's what you all submitted. Great question. . . All right. False with a caveat. So, Director Hammer, set us straight. What do we need to know?
That's right. You guys can get coffee. It is indeed false with a caveat only because it is comparing essentially two separate kinds of spending. So, hospital spending includes both the base payments and substantial supplemental payments. And so when you put those that are come through the Chase Enterprise. So when you put those together, total hospital spending exceeded 3.3 billion. However, when we look at just expenditures on services, long term services and supports, that expenditure is 4.6 billion. You caught me.
Could be someone from...
Yeah, could be. All right, well, let's keep going.
All right. Oh, awesome sauce. Top of the leaderboard. Oh, here we go. The QR code, yeah. All right. So I'm going to ask if we can kind of keep it, try to keep it to the legislators to make sure going forward. Fair, fair. Okay. Most of what Colorado Medicaid spends is on people who could work but do not. . Thank you. Okay, you have 30 seconds. Don't forget to submit your answer. Okay. All right, here we go. True with a caveat and false.
What is it, Director Hammer? It's false. Can you give us a little bit more context? Sure. So spending concentrates in long-term services and supports as we just talked about, but that does not necessarily mean individuals are not working. HICPUF has calculated that up to 75% of adult members of working age, living without disabilities, work at least part-time. And that of the other services that are high expenditures, they include services for children, pregnant women, and working adults. And we'll go into each of those deeper when we get to the big spreadsheets that we've shared with you, but you can see physician-based services and other services continue to also be places where individuals who are working and enrolled in Medicaid are receiving services. Any questions about that?
Yes, Rep Chaggart.
And we have 20% and 80%. That would indicate there's two other people.
Yeah, we had some outside folks sign up, so it's skewing the results.
I thought you eliminated.
I can't take them off right now.
Yeah.
So hopefully it's, yeah, again, just keep it to the legislators responding if we can. All right, next one. Behavioral health spending is included in the 14 billion medical services premiums line. True, true with a caveat, or false? Correct. Thank you Thank you. Okay, 30 seconds. Have you all submitted your answers? Everyone submitted? Across the board. Director Hammer, tell us more.
The answer is false. The behavioral health line is appropriated separately and totaled $1.58 billion in fiscal year 2025-26. So the real figure around medical services premium, including the behavioral health line, is $15.6 billion. Nearly all of that is capitation payment paid through our regional accountable entities, which carry the risk and pay the providers directly. None of the fee-for-service stuff is
in the medical services line?
No, with a caveat. It is fee-for-service interrupt. It's in the behavioral health line.
Okay. Let's keep going. Most of the department's 10 offices were created without express statutory authority. Oh, yep. Thank you. Before we move on, I just want to call to your attention that there is a line item in what you presented to us called Inpatient Mental Hospital Fee for Service. To the tune of what used to be $5.4 million is now $556,000. So there is some in there still. So your statement of false is false. The funding, even though it is paid through fee for service,
is still appropriated to the department through the behavioral health line item. Not according to what you sent us.
Okay. We will take it back and explain, but when we get to the details,
we'll have a better explanation for you, Representative Taggart.
Okay.
More discussion to come. Wait. Did we answer the last one? No. Oh, yeah. No, no. Where were we? Okay. Sorry, now we've got to skip ahead. Okay, here we are. Most of the department's 10 offices were created without express statutory authority.
I don think that true I don think you can create an office without statutory affiliation Well, it was in the stuff that sent us, I just don't remember where it was. Most of the departments have ten offices. It's in the office. He could, but he's got to get funding. And if you're going to get funding, if you're going to fund it, oops, this is all.
Thank you. Okay, 20 seconds. Okay. True and true with a caveat.
It is false. So the statute that authorizes the Department of Healthcare Policy and Financing establishes that the executive director may create divisions and units within the department. So eight of our ten offices were established under that authority of the executive director. The Office of Community Living, however, is described in statute, in its own statute, as is the executive director's office. So nearly every office has an authority, but for eight of them, it's a general delegation rather than a specific legislative decision. I'm sorry, that means that they were created by HickPuff administratively, not through legislation.
So that would make the answer true, no caveat, meaning we get another point. I think –
I mean, like, I guess, like, the legislation says you do what you want, and I guess that means it's created with legislative authority. but it wasn't created, like, it's not, I think the key here is express statutory authority, meaning the legislature created that particular office. I think we interpret it as the question was, were there offices created outside of statutory authority?
And our response is no, because the statute that created the department. Express statutory authority is different than just like, yeah, you can do what you want, sure, anything,
and then you do anything you want.
That is a fair and different interpretation and it's,
I'm going to let Summer be the arbiter of the points.
We were just saying that the statute that creates the executive directives.
Okay Okay Okay Okay Okay Okay Okay Okay Okay Okay Okay And the executive director office
by the executive director without express statutory authority. So just because they have authority to create offices doesn't mean that it's without express statutory authority. It's the qualifier there, the express party.
Does that have to be true of all of them? I think that's actually what express statutory authority means.
We gave the director express statutory authority to create offices and therefore they created them with statutory authority.
So I'm going to jump in and just, yes, I'm going to keep us going. And I think the part of what we want to have with this discussion is to understand how hard and nuanced some of this is, you know, and I have heard definitely in conversations a lot of different types of assumptions being made and trying to get us all on the same page to understand and use the same definitions is going to be really important. So that is a little bit of what we're driving home here. So what I'm, yeah, thank you.
What I'm understanding on this is that we need to get to a mutual agreement on how we are interpreting these discussions and these offices and what we're doing here. So that's what we need to get to, right, how we're interpreting because there's different interpretations of how this is being done.
Absolutely. And that's a great point. And one of the things we're going to continue to talk about today because we all have those different definitions and perspectives. Now, so just because the executive director is given statutory authority to create offices doesn't mean that there is express statutory authority to create that office. So it's true. Okay, I can't change the leaderboard manually, but we are noted, yes. Awesome Sauce is two out of four, just for clarity. Okay, here we go. Stately spending. The programs with no federal match has grown across the board over five years. Yes. Across the board. Thank you. . Have you all submitted your answers?
All right, you have seven seconds. Five, four, three, two, one. Okay, we've got True with a caveat. Director Hammer, give us a scoop.
It is True. The total rose from $24.5 million in fiscal year 21-22 to $115 million appropriated in the 26-27 budget. Most of the 10 programs are flat. senior dental and Canadian drug importation, family support services, state-supported living, and state case management sort of move within a narrow band. As I think was referenced in one of the team's deliberations, the two programs that have grown most are two that were created in the last number of years, both cover all Coloradans and abortion care.
Just to be clear, the total is like around $150 million.
Fifteen.
115 million for programs that don't get a federal match compared to the billions and billions that do get a federal match.
Correct.
Okay. And just for clarity, because I think this might influence the discussions of the teams for next,
we do not describe those as Medicaid programs. They are programs within the Department of Health Care Policy and Financing that we administer, but so they are not part of the Medicaid program. We don't consider them to be Medicaid programs or state-only programs.
Thank you. So what is there any way that we're tracking on the people that are actually accessing the state-funded, state-only funded programs if they're residents of the state or if they're coming from out of the state?
Thank you for the question. I don't know the answer, and I wouldn't want to provide a wrong answer, but we can follow up and make sure we get you that information.
Well, you need to be tracking that, so you must be tracking it.
Yes, ma'am. I would imagine we are. I just don't know the mechanism by which we're tracking it, and so I didn't want to provide an answer that wasn't complete and clear.
They track it.
And we'll get you more details as a follow-up.
So, so... The Kyle majority objects to that because we, anyway, because we interpreted that as every line item. Right, okay, so... Okay, let's keep going. All right, next one. Every dollar Colorado spends on Medicaid draws a matching federal dollar. Thank you Thank you. Have you all submitted your answers? Where are you seeing that? In the next discussion, we'll make sure to get into that. All right.
it's true with a caveat. Give us a scoop. It is true with a caveat, and this is deep Medicaid policy complexity. And so as I tried to say, there are a number of programs that we administer that are not considered Medicaid programs that are state-funded only. There is one, however, that is considered a state Medicaid program, but also is only state-funded, and that's the state contribution for Medicare Part D, which is state only and is currently $270 million.
So Medicare is part of Medicaid?
We pay the Medicare. In this very specific case. The individuals are duly enrolled, and the state pays their Medicare Part D premium on their behalf.
As part of Medicaid?
Yes. But not as part of the HickPuff dollars that are state only spending that was part of the previous question that has increased over the last five years. Correct.
How is that different than the last question? Because the last question you said, anything that's – this is not Medicaid very explicitly. And the question was about – okay, this just seems like a gotcha.
To be clear, the department didn't create the questions. Summer did. and two, I think the goal was to expose the nuance of the financing, and so that's why we answered the question.
So we pay the match on the Medicare?
No, we don't pay the match.
So we pay the match on the Medicare?
No. We pay the premium for the Medicare Part D,
which is a match to pull down the Medicaid dollars?
It's an artifact of the Medicare.
Look, I want to ask the director the question, please. Okay but I know Pick me Pick me I know I know Okay go ahead Let Kyle go and then you can go Go ahead Kyle No you go Let let Gretchen answer Go ahead They are state funds that pay the Medicare Part D premium for duly enrolled individuals
So they are both Medicaid-enrolled and Medicare-enrolled. They're low-income seniors that are enrolled in both programs, and the state uses state-only funds to pay their Medicare Part D premium.
I think, aren't they also people who are on the Medicaid buy-in program who are disabled?
I don't know the extent of the buy-in engagement, but we can certainly follow up on that.
Because I have somebody who's getting their Medicare premium paid by Medicaid. Why are we doing that? Doesn't the federal government pay for their Medicare?
Not the Part D part.
Drugs.
It's an artifact of the Medicare modernization that was created in Part D.
But the state has to pay for that.
States used to pay for some sort of prescription drugs to these folks. And when they passed that and created the Medicaid program, they basically made us continue to pay for it. Mr. Curtis has done the same thing for it.
Thank you. All right, we have one last question. And. I just want to make it clear, then, the answer to the last question shouldn't have been $115 million. It should be $115 million plus this program. for Medicaid spending that is not matched. Give him the socks. I like socks. What can I say? Okay, here we go. Colorado is among the states hit hardest by the federal Medicaid changes. This is voting is closed? That's the last one. Oh, yeah, voting closed. What do you think? True with the caveat. True, true, true, true. It won't let us vote. Well, just know that we were going to say the right thing. It does say voting closed. Okay. True with the caveat. That's what you were all going to say. That was like our whole discussion was true with the caveat. Anything else you want to share on that one?
I'm happy to provide more information.
I think true with the caveat works too.
So Colorado is significantly exposed but is not the worst hit group. RAND, which is a national research firm, identifies Arizona, Iowa, and Nevada as expansion states losing more than 15% of Medicaid funds, driven by their heavy reliance on state-directed payments and provider taxes.
Okay. All right, we have Medicaid Avengers at the top. It was actually kind of a tie because the awesome sauce is missing a point. In any case. It's a tie for first is what I'm doing. I'll let you all fight over the socks. But the whole, the purpose of this is. I don't even wear socks. Scott, Jeff doesn't even wear socks. Who needs socks? This is, this stuff is hard, right? And it's really nuanced. And so you all are paying a lot of attention to the details. You're asking the right questions. Continue to ask those questions. And I think as you experienced we not always going to know the answer off the top of our heads right Like we going to have to go back We want to get you the right answer And so just allow us to do that at the same time And I also will take credit for writing all the questions So if I made you angry, you can blame me. Okay, I think with that, we are going to now transition to some information and presentation from HICPF. So you can go back to your seats if you want. I'll pass around the socks. And the sore loser prize goes to... I think you mean sore winner. Care of these. They have medication. Look, they've got dogs on it. Because it's worked like a dog did. And they've got one pink one with an avocado. That one's yours. We don't even wear socks over here. Oh, sorry. Jeff will keep the bag. Oh wait, there's one more in here with cows on it. I'll keep that one. Because I actually had cows that are black and white. Melissa, you want this one? All yours. Yeah, Paris E. Yeah. Okay. Terrific. So the next part of what we hope to share with you is among some of the information that we've sent across in advanced deliverables and really trying in particular to answer the question that I know I had the opportunity to meet with Senator Mullica on Monday that is really trying to understand what was the spending in a previous time, and I think we picked 2018-2019 as a period of time that was a year that was post-expansion of the Medicaid program to adults without dependent children and parents to a higher income level, as well as some of the Medicaid buy-in programs, to a time that is post the public health unwinding and the COVID pandemic. So those two years were chosen with some intent, but obviously it can be redone at a different level if needed. And what we tried to provide was what are members experiencing when they access health care services? So things like primary, specialty, and preventive care, right? Services that are most likely happening in a community, in their homes, out where people are experiencing that care, and grouped them together by both how much was paid and how many people utilized that service during that fiscal year.
So there is some nuance here because claims payment can be made up to a year after the service is provided, and so this represents when the claim was paid by the department. There are, in addition to primary and specialty and preventive services, which you can see totals about $1.7 billion, there's also inpatient and outpatient hospital. The other thing that we tried to do is we've been asked a number of times which services are optional, which are the optional services per federal statute, per the federal law. Those that are the gray shade are services that are among those optional benefit categories. So, for example, you'll see in the primary specialty and preventive services, podiatry, outpatient services. Speech therapy for adults is optional. And so we tried to give you a secondary glance at the optional services using that coding. A few of them are mixed. And so if we need to dig into specific service areas more deeply and come back to you all with additional information, we're willing to do that and happy to do that. We were just trying to answer the request that you all have better visibility into actually how dollars appropriated to the department are paid out to health care providers for Medicaid members that access services. So the second major area is inpatient and outpatient hospitalization. You'll see there, for example, we do cover services that are provided in ambulatory surgical centers, places that can be not a full hospital experience but an ambulatory surgical center for things like colonoscopies and other services that are safe to be done outside of the physical hospital setting. So that is an optional area that we cover. And you can see, for example, 24,000 individuals last year received a service in an ambulatory surgical center. Our behavioral health services, again, fee for service and then the capitated program, again, looking at what was paid in fiscal year 2018-19 compared to what was paid in fiscal year 24-25. And you can see there has been significant growth. We have a presentation about the different areas of growth with the policy pieces that underline some of that growth that we can help to dig into. The next area of category is the home and community-based services. Again, Colorado has had a proud history of supporting home and community-based services as part of our commitment to inclusive communities and community-based living. Also within that, however, there are services like hospice, technically, again, a optional service from a federal statutory perspective, but one that we do cover here in the state of Colorado. Similarly, nursing facility care, which is a required federal service. And you can see there, nursing facility care is provided to nearly 13,000 Coloradans. And you can see that number is actually lower than it was in 2018, 2019. Private duty nursing and then PACE, the PACE program, which is the program for all inclusive care for the elderly, as well as pediatric personal care. Then there are a series that are sort of unclassified. And so we put them in this order for you all. And that is including of our managed care programs that we have across the department. And then pharmacy. Pharmacy has technically, again, is an optional federal benefit. I think most health care programs include it. Yes, please.
I'm sorry, I didn't.
Do you guys have that?
Which handout it is?
The Medicaid spend by member experience categories is the top. It's blue. Sorry to have missed that direction there that that's the one I was working off of. My apologies. So you can see pharmacy spending, and then others include things that would typically probably find their place in another area, but for the purposes of the way our claims payments come in, we have them broken out. So those include anesthesia, imaging, transportation, et cetera. So this again was was really designed to help answer some of your initial questions about where where do the dollars go and how might when I think we spoke with Senator Amabile she like can you frame it like a normal person would experience the health care system as opposed to necessarily a state budget document? So that was our attempt to do that, certainly willing to take another crack at that if we need to. I'll stop there and see if there are questions.
Rep Taggart.
Thank you, Summer, and thank you.
Thank you.
Director Hammer, this information is really good, but I guess I would ask for a deep dive
in a couple of, in some cases.
Sure.
And I'll give examples of that if I could.
For instance, dental under primary specialty and preventative. IN A SITUATION WHERE THE ACTUAL UTILIZERS IS GOING DOWN, THE ACTUAL DOLLARS THAT WE'RE SPENDING HAVEN'T QUITE DOUBLED, BUT THEY'RE GETTING CLOSE TO DOUBLED. THEY'RE UP AT LEAST 80%. AND SO WITH SOME OF THOSE LARGE ONES WHERE YOU HAVE EITHER A STATIC GROUP OF UTILIZERS or a reduction and a significant increase, I know it would help me to know what's different here. Is it benefits?
I mean, inflation is always going to play a role, obviously, but what are the drivers of those?
And then somewhat different, but still to give an example, and we go down to HCBS, children's extensive supports.
This is a situation where the users have more than doubled.
And I've asked this question before to your predecessor. or when we have a shrinking growth in children that we're seeing in our school system, this is a situation where the number of children that are qualifying for that waiver have more than doubled. And we're also seeing that in PBT. So again, I don't mean to do it in 20 or 30, but there are some examples here in both of those cases that need some explanation as to what's happening here.
Thank you for those questions, Representative Taggart. And we fully hoped that seeing the information presented this way would create the transparency you all were looking for to then be able to direct us where you wanted us to do deeper dives. So we are absolutely happy to do that.
Thank you, Summer.
Can you explain to me, I'm sorry, and maybe just because I had to take a quick phone call and jumped out of the room, but can you explain to me how the, it seems like there's spending that's missing on this chart. It doesn't seem like, this doesn't seem to add up to, and maybe this is, is this state-only spending, or what is?
No, these are just direct services. These are just direct services?
These are just direct services. So the spending that's missing would be? Supplemental payments, others, yeah.
Thanks to the, like, Ray payments or whatever else, or what else is missing, I guess. Yep. Director Block will talk Josh Block I the committee I the department chief financial Officer So rate payments are on there They under the unclassified stuff on page two managed care ACC physical health capitations. That's where we're paying the PMPM to the raise for care and case management. Page two of these guys. Managed care. Medical spend by member experience category on the second page. First line of the managed care section.
Okay.
That amount is just for the managed care or for the physical health capitation, for the per member per month payments for doing primary care case management and other supports that are provided from the raise. The behavioral health capitation is captured in the behavioral health services line.
Okay. I mean, I share Rep Taggart's question, like that's one, where managed care was supposed to save us money, and maybe it has, and that would be interesting to do a deep dive into that, but we have less patients who are being served, and it costs us more money. And that comes up a lot on these things. So I do think at some point we want to look at that, but I'm not sure that's like we're going to go through this thing line by line today and try to figure out why. But I have the same flags. So. I do think we want to understand kind of where you do want more detail and what additional questions that you have. So that would be helpful. Well, I mean, like on the, I think it's where there's a lot of money being spent and where there's a big question that's being raised by this chart, which I really thought was great. So, like, on the behavioral health fee for service, it's not that much money. It's only $28 million, but it's a lot more than it was, four times as much as it was. the behavioral health capitated program. We don't know how many people were using that before because that data wasn't available, but, you know, that's more than doubled. So, I mean, I just think, I don't know. I don't want to speak for everybody, but for me it's in the places where we're spending a bunch of money and it doesn't seem to add up that the numbers are moving in the right directions. Does that make sense?
It does.
And we did take the chance to look at some of them by the big bucket, so not specifically down to the level of detail that you were asking about, Representative Tiger.
Again, happy to do that. But for the behavioral health services, I can provide a little context now if you'd like me to, or we can dig into it a little bit later.
I don't know if that's a big interest area for everybody else. Okay. Am I seeing nodding heads that you want to talk about that further? Yes.
Okay. So for the behavioral health services, one of the things we tried to catalog as we were also preparing this information is sort of what have been the policy decisions that have been made that have added to some of the growth. And so some of that is the addition of the 1115 waiver demonstration, which is allowing us to cover substance use disorder services beginning in 2021. So that inpatient substance use disorder was prohibited until the first Trump administration found a different pathway and allowed states to apply for inpatient substance use disorder treatment through an 1115 waiver process The state has taken that option and beginning in 2021 In addition there also been continuous coverage for children the second amendment to that some re-entry services, and then treatment in other places. In addition, there was the addition of the recovery support services organizations, RSSOs, as peer-run or peer-led organizations. There was also the removal of the prior authorization for outpatient psychotherapy services via Senate Bill 22-156. New safety net providers, I don't want to read this whole thing to you, but there were a series of investments made by the General Assembly to both expand services, in addition, things like the Colorado System of Care for High Acuity Youth that have added to that growth line. I think teasing out, I think if the question back is, can we tease out those particular additions and services in a deeper dive, we certainly can. But there are a series of policy decisions that have been made across this time period that added to some of the growth. In addition, when I've been out talking to community members in particular, there has been, I think, a general discussion about the acuity of behavioral health needs. I think when I was over in Grand Junction meeting with Health Solutions West, You know, they really talked about the complexity of some of the Medicaid members that they're serving and the acuity of those services. So the co-occurrence of a meth addiction and other underlying behavioral health needs. I asked that with some other providers, and I think in general we are seeing higher acuity needs among behavioral health services, and our data shows that too. So higher intensity of services even among a similar population or a standard population. So those are the kinds of things we're seeing in our data. And again, if there's more information you want us to dig into, we're happy to.
I have one question about the, because I was confused about this and I probably still am. But on the ACC, the per member per month, there's the per member per month for the physical health, which is the much smaller number, and then there's a per member per month for behavioral health. And my understanding at first was that that only went for people who were actually receiving behavioral health. But then I think I was told that that is actually, they get the behavioral health amount for everybody who is in their catchment area or who is a member of their thing. So it says here that there's 1,237,687 members, utilizers on the physical health side, but on the behavioral health side, it only has 279,000 members. But I thought they got the member amount for both.
Thank you for the question. Yes, the primary care case management component is per member per month for all members in a service area for a RAE because the goal is to have all of them have the supports to be connected to primary care. What's reflected in the behavioral health service line is actually behavioral health encounters by an individual who accessed behavioral health services. So that is an encounter. So 279,000 people last year utilized behavioral health services paid for directly by the RAE. But the RAE gets the per member per month on the behavioral health side for everybody.
Right. For the 1,200,000 people.
Senator Mable, that's correct. And I think the context here is that the payment that we make to the REI takes that into account. So if you imagine you have somebody who is receiving services, maybe they need $1,000, $1,500 worth of services for that year. For that person, we're probably paying $150, $200. And so the payment that we make for every – even though we make a payment for every single person, it takes into account a utilization rate. In theory, we could pay only for the utilizers and not pay for people that aren't, but we don't know that in advance. Capitated programs are designed to be done in the future. And so everything that we calculate assumes that not everybody is going to use it. So the individual payment we make for any person is actually much smaller than what it would be for somebody who's utilizing it. And that's the fundamental nature of managed care.
Right, and I understand that. I just, the $148 million that goes to the health ACC physical health capitation is inclusive of both payments, the payment for the behavioral health and the behavior for the per member per month or just the one? Just the one.
Just the one. So we have to add them together to see what the Ray is getting in total.
That's correct. Okay, thanks.
Senator Kirkemeyer? Yes, and I appreciate your comments with regard to the high acuity in the system of care.
But I think it's also important to note that these all weren't just legislative policy changes, that they actually came from the department or maybe from the Department of Human Services, especially with the high acuity system of care bill. That actually came out of the governor's office for the most part because we discussed it a lot at the child welfare services. So while it may have increased costs here, it actually helped to fray costs or not bring on additional costs in child welfare services to provide for the acute care that was needed of those children. And then how has, where have lawsuits basically affected what the type of care and the increased costs that we've had to do?
Because there's been several lawsuits over the years.
Yes, thank you for the question. And in fact, the system of care is in result of a lawsuit. So those two things are directly tied together. That's right. The other one is a Department of Justice lawsuit that's focused on helping to support individuals to transition out of institutions, and we're actively working on that one as well. So those are the two that come to mind that have driven benefit change and policy change.
But has the department done a trend analysis or an analysis forecast on what that's going to actually cost? Because I think the original costs were pretty low, you know, with regard to the last lawsuit that you spoke to. And I think we should be expecting that there's going to be additional costs, and it's because of those lawsuits. And that the individuals that we were supposed to be serving weren't getting the care that they were supposed to be receiving.
Yes.
Senator Melka and then Rep Taggart. Thank you. I guess my question is, I appreciate this because I think this is really valuable information, Director.
But my question is, is when we're looking at this, and I'm just, you know, going over it quickly, but there's some out-of-whack numbers here a little bit when we see a program like adult dental, for example, where the population being served actually decreased from 2018 but the cost increased by million in this year That not the only example where we see increases with population decreasing being served I guess I'm curious of the modeling or the auditing of the department on some of these numbers to say,
hey, is this out of whack? Because we're obviously, as a commission, going to be starting to dig in on these numbers, figuring out, I think, I don't know how you get through what we're trying to do without cuts. This is going to be information that we need to make policy decisions. But also, I think it's going to be important that we have that information from the department if there's issues, if something is out of whack. Why is a program having less people served but significant costs increase? And so I just wanted to know, is that ongoing? Is that something that's planned? because if it is, I personally think it should be, but if it is, I think that's pertinent information for us as well. Thank you very much, Senator.
I think there's one really important thing to note is the dental line here includes children. The adult is optional just because it's shaded, so the General Assembly does have the ability, it is not a required federal benefit to have adult dental services. Children are required. So I think we were trying to just distinguish that, but it is a mix of expenditures. I don't remember my Colorado Medicaid history perfectly enough to be able to explain it today, but there was a period of time when the adult dental benefit was removed, and then it was brought back with a cap. And that cap, I think, was $1,000 per person. And then I think in a better budget time, that cap was removed. and so I think there could be policy that underlines this distinction between the two. We can do a fact sheet on the history of the dental program because I think it is an area of note, but there were some caps put in that were designed to be, when the adult dental benefit was reintroduced around this time, it was introduced with a $1,000 cap, and then we had a dental group that came together and said which benefits should be in and out, and then the cap was removed and now we're back to where we are.
And real quick, not to interrupt, because I want to hear your response too, sir, but that's not the only area where I think there's some wonkiness. And so I just want to be clear. That's just kind of one that kind of shines at you. There is some out-of-whack numbers in here still.
So I'll add just a little bit of context associated with that. With the adult dental, as Gretchen said, there was a cap and it was actually a JVC bill that removed it. And that was part of what did it. And I think that you can sort of broaden that explanation to what you're seeing. And I'll pick an example here in a second. But when you see the growth in expenditure and you see the utilizers either stay flat or decline, what's happening in the background is probably one of two things. The first is rate increases, right? So there are – especially back in 2018-19, going through the pandemic and things like that, there were a lot of rate increases. That does increase expenditure even if utilization stays flat. The second become these policy changes associated with, say, the adult dental cap, and those are the things that really drive it. A really good example at the top of the first page on it under primary specialty preventive care is federally qualified health centers. You can see that in 1819, I was 189 million worth of spend. In 2425, 188 million worth of spend. So pretty much the same thing. Utilizers went down by about 40,000. Part of what's going on for federally qualified health centers is that they generally have cost rates As their costs have gone up rates have moved along with it And I think that a really good example of what is happening in a lot of different cases Now, some of it is a little more complicated to unpack. I think what we saw across the entire healthcare system coming out of the pandemic is that utilization changed, that there were significant increases, and this wasn't just Medicaid in Colorado. This was Medicaid everywhere. This was in the private sector. I don't know that there is a perfectly coherent example as to why or a perfectly coherent reason as to why, as Gretchen mentioned. You know, Medicaid members have higher acuity in many different areas, and there are some things complicated about it. But something changed in ways that are different across various different service types, and that's what we're seeing. So when it comes to, you know, what's happening in terms of utilization, are we seeing members utilize more services? We absolutely are. Whether or not it's appropriate, usually it is, and that's where it starts getting into things like program integrity, right, the complicated investigations around fraud, waste, and abuse, because it's not always fraud. Sometimes it's people figured out how to use our billing manuals better and get people more services. And so it becomes this really complicated thing to unpack. I think the takeaway is maybe each member, if there's particular things you're interested in, we could send that to Summer, but I think we can all see, like our eyes are popping at some of the big numbers that have big unexplained correlations between the number of members served and the cost. And I think those are the things we'd like to maybe dig into a little bit because those are the things that are going to matter going forward.
Can I interrupt, Taggart, and then rep Brown?
Thank you, Summer.
I do want to correct one statement. We did lower the dental cap this year in the JVC. So please, we did it, and it was tough. And so you kind of left it hanging out there that we raised it, and we did not raise it. I may have raised it in years past, but this year we had to bring it back. I don't want to overcomplicate this situation, But one of the things I think that at least would help me and our JBC analysts do this for us is a good number of these would completely fall away from analyzing them in detail if we put the inflationary factors on for these five years. and then it comes down to a list that is more manageable where it's either based on a benefit increase or something else kind of situation. But I know for me, my eyes, I appreciate this, but I would bet if we put inflationary factors, this list would probably cut down to half of what's here. So it would make it easier to really drill down into the ones that we need to be looking at.
Sure. That makes a lot of sense.
Can I confirm, is that something we can do?
I think so. I mean, I think, for example, I was just looking at the top line there, audiology as an example. It seems to pass a reasonable test, right? It was $3 million before with 21 utilizers It less now with less utilizers That may not be worth then taking a deep dive into because it seems to sort of be reasonable So I think if we apply an inflationary factor and a sort of places where the paid amount and utilizers don't sort of track in a way that would be logical, this list would get smaller and we can provide more information there. I add just a little bit of context here. So Representative Taggart, you used the phrase inflationary factors, and I want to take a to be a little bit more precise about that because inflation hits Medicaid in weird ways. For example, most of our fee schedule doesn't change when inflation changes. They only changes with appropriations and actions from the General Assembly. So for most of our physician services, it depends on whether the JBC appropriated 2% rate increase, 1% rate increase, 1% decrease. And so it doesn't necessarily mirror against what we see in terms of what we typically use as inflation statistics. However, in some cases, it's not really attached to what the Joint Budget Committee is doing. And a really good example of that is the behavioral health rates. Behavioral health rates, because they are a managed care program, hit different federal requirements for actuarial soundness, which is a fancy way of saying that it has to reflect their costs. And that will more closely reflect actual inflation, but depends a lot on the providers. So as we get you more information on it, we'll try to separate some of those things out. We'll try to talk about what was actions that the legislature took, what are areas where inflation is more of a predominant factor, and try to give you some information that helps unpack it.
I trust your folks' judgment on that. I think you know what I'm trying to do is get to a manageable group that we really need to dig into as compared to a group that, whether it's because of rate increases or whether it's because of inflationary situation, it's kind of a norm.
It's rising at a rate you would expect. but there are some here that are not rising at a rate that you would expect whether it's the number of individuals participating or the dollars.
Understood. Rep. Brown and then Senator Kermar.
Yeah, thank you. And just to follow on to what Rep. Taggart was saying, I think when we're talking about inflation, at the JBC at least we've been talking about how fast Tabor is rising. I think in this context, we also should be talking about sort of what medical inflation is like. And I think those are important contexts because they put it in context of like what, how fast is revenue rising for the rest of the state? And, you know, trying to control Medicaid spending to that level. And then, you know, what is the rest of the health care marketplace doing? And the reason that I say that is because sometimes I think Medicaid is being buffeted by market-wide factors in health care, and other times it's something specific to Medicaid, and the way that we approach those might be different. Now, I realize I'm adding complexity here, but I do think that it's an important context for us to think about how our increases in any given service line compare to those particular benchmarks.
Senator Kirkmeyer?
Thanks. So along those lines, I guess I would like to know exactly what you are going to do. Because our rates, because I heard you talk about the rates and the increases in the rates, but the rates that we've increased, the provider rates or the reimbursements to the providers, have not increased with even regular inflation. We haven't even kept up with that. So I guess I'd like to have an understanding of what you're actually going to do. Because I think if you look at our rate increases over the course of the last five years, we're going to find out that it's less than just even, I'm just going to call it normal inflation and not medical inflation. So how are you going to look at it? And because the amount we pay out, and when it increases, and just using audiology, when it's the $3 million, it goes down to $2 million or whatever, and of course the utilization is different there, the number of utilizers are different. But if everything remained the same from 18 to 19, number of utilizers, and you added in inflation, whether it's medical inflation or regular inflation, and then we had a difference between what we did with our rates, because, again, I can't believe that we kept up with inflation, regular inflation, even in 18, 19. I know we did not for the last four or five years.
Yes, I think that that's right, Senator Kirkmeyer. And I think that's part of the pressure that we know our provider community is feeling, that the inflationary pressures for them to run their practice or run their business have been either at general inflation or at medical inflation, and our rates have not kept up and, in fact, have sometimes, unfortunately, needed to be reduced. And so that is the crunch. I've asked Dr. Rothgary, our chief medical officer, to help put together a sort of access monitoring strategy to see where, given the changes both in the last couple of budgets that have required rate reductions as well as upcoming changes in HR1, how will we be actively monitoring whether or not those two things have come together in such a way that access is compromised? and so that is one of the current areas that we're trying to do that. I think the other goal is to have the conversation here with you all, that this was the kind of information you all thought you needed to understand and seeing it in a different way, and so we'll continue to provide it in any way that helps to inform the shared conversation that we need to have around the services that are in shaded, that are optional services and whether or not the robustness of the program can continue, and then how, if at all, we would change those together. So I think that's the exact set of questions that we want to explore as we go through this process with you all.
Yes, but I'd still like to know how we're actually going to get to a number that we can understand that actually shows something that's of value. Because if we're just going to keep adding on all these things and saying, oh, and trying to justify the number that we paid out in 2425, that doesn't do us any good. So I want to know what the base amount is and how you're going to get to a number that actually makes sense. Because saying that, you know, I mean, we're looking at, even if you just like at dental, you know, with adults is optional. And it looks like it's almost doubled or getting close to doubling, but the utilization has actually gone down by 6,000. So how do you get to a number that actually starts making sense? Because if you look at, again, dental, and you take that and you take that $236 million and you look at what the inflation was over the course of the last five years and then compare that to what we increased the rates by instead of trying to compare it $236 to $432, because I don't think that's going to make sense. I don't think that's going to show us really anything. It's just going to show us how we got to $432.
Okay.
Do you understand what I'm saying?
Yes.
Because I trying to figure out exactly what you going to do your finance person to come up with these numbers So Senator Kirkmeyer I think you have correctly hit on how difficult this equation is and how not just you know we picked a couple examples here
But as you walk down this entire list, that answer differs for every single service category. A good example here is pharmacy. Pharmacy is something that does increase every single year because the pricing statistic is tied, based on something in federal law, to providers' actual acquisition cost of those things. And so even though I think on just trying to look through the number here, the number of total utilizers has actually decreased. The spend on pharmacy, this is the gross spend without drug rebate, has increased significantly. So as we unpack this, and as Director Hammer said, we'll look for ways here to provide what are the rate increases, What are the utilization increases? I think it's important that this committee understands that there is no single number that answers this question. It differs for every single one of these categories.
Okay, so if you had to go back and look at this and try and come up with something to help us narrow down the ones that look out of whack, like behavioral health. That one looks really far out when you go from 9 million to 28 million over the course of a five-year period. and the utilization did double, but that's the one that looks like really out of whack. Some of these don't look that far out of whack. So what kind of formula, what kind of thing can you put in place to get to a point where, you know, it's like, look, this increased dramatically, one, because of policy changes, because of federal rule changes, because of whatever, however they get reimbursed. But the reality is our provider rate has not kept up with inflation, just even regular inflation over the course of this time frame.
So Senator Kirchmeyer, you picked behavioral health here and a few months ago Gretchen went through, Director Hammer went through some of the policy changes that there and you correctly identified it, right? Is that some of its policy changes. When it comes to behavioral health, that is probably the area that is most likely to have kept up with inflation because of cost-based rates. So I bring this up because, again, we are trying to put together information that helps illuminate those things because it is the most important question here, right? what are the isolated effects of these individual policies? What are the things within the General Assembly's control? What are the things within the Department of Health Care Policy and Financing's control? But I don't want to sit here and promise you that I'm going to be able to provide a perfectly clear explanation from these things because there are so many factors that are moving into it, and each one of them requires a detail here. We're going to do everything we can to provide as many, like as much explanation as we can for all of them.
So, Kyle, Mullica's next.
sorry i jumped in yeah and and not to i guess to to tack on a little bit to what senator kirkmeyer is saying is i i also am curious of how you do this what inflationary factor are you using um how is how is that going to be determined when we're getting this information but i want to go back to a little bit what i spoke about before as well is that like when i look at NEMT here out of whack. We know it's been in the news. We've gotten presentations that there's fraud, waste, and abuse. We are being tasked with a monumental thing that we have to do here to try to solve a huge problem for our state with this Medicaid program. And what I need from the department is where are you finding out where that fraud, waste, and abuse, where are you finding out where things are out of whack so that that can be addressed so that we can actually do our work. Because if we paying an EMT million and that million too much well that million that we may not have to figure out how to cut and make a really difficult decision And so I guess that's what I want on the record, and I want to task with you all is that for us to do our job, we have to have that information. And this is not fun. It's not going to be great, but we need that help. And I think that I'll just leave it there. We need that help.
We need that information.
Reptiger. Thank you, Madam Chair. I feel like I made this overly complicated. And from an inflationary factor, I just want to come back to the fact that I think we're all saying we want to narrow in on the issues. How the most serious issues, and dental has shown up in that area. Certainly NEMT shows up in that area. I guess I just want to, again, put it back to you folks. When you look at this, because you're the experts, you can probably pick, and I would imagine you've already done it to a certain extent, you could probably pick 20 or 25 line items on this report that just from a mathematical standpoint don't make sense. And you've got to dig in. We've got to dig into them and find out what's at the core of that problem. And so I trust your judgment, but I, and I appreciate this, but we can't tackle every one of these. We've got to tackle the most important.
Okay. The most important and how you get to that. I just gave you one approach is there's a better approach from. Okay. I'd like to kind of wrap this section up. I think what we've heard over and over again is there's some outliers, Things that don't look right because the numbers don't match up or there's been massive growth, and you've heard it over and over. So now I think we understand we have to actually do that line by line because there isn't some formulaic thing we can throw on every single one. So we want to pick the things that are having the biggest impact and the things that look like the biggest outliers, and then come back and talk about those. Does that sound good to everybody? And if you all have a specific thing that you're worried won't get included in that, you can send that to Summer, and that will be included in whatever analysis they do on why that thing is an outlier.
If I can just add real quickly, because I think what we also want in the analysis is what are the factors that take into consideration the assumptions that are being made. So I think those are some of those details that are going to be important to kind of highlight so that there's a full understanding. And quite frankly, if the answer is we can't figure it out, then like, I think we can be frank and candid about that too. Yeah, if I could just add, Madam Chair, I would also just historically, I would like to be included where areas where historically we have seen higher cases of fraud, waste and abuse. I think that that's something that we need to be heavily focused on. And so even though it may not seem out of whack, if there is an area that historically we've had those issues, I would like those included.
Senator Bridges. Thank you, Madam Chair. And just on fraud waste and abuse I know earlier we said it not exactly fraud because they just read it and figured out how to charge for more services totally legally I think that should be part of what we look at with fraud waste and abuse I have a quick question. I don't know if it's a quick question or a quick answer. But within the budget, you know, we've always been told there's the medical services line and everything's in there. But that is broken out over in your shop by, like, by these lines or some other lines. Is that correct?
That's correct.
So you can tell like with regard to whether the line was over utilized or under utilized, correct?
Sort of.
Well, you should be able to.
It depends. When we do the budget for medical services premiums, we don't budget for every single service category individually. No, I'm not talking about the budget.
I'm talking about even in your books, you can tell which line was over utilized or under underutilized every year. I know it all gets smushed together when we see it at the JBC.
So it's the over or underutilized part of the question that makes this difficult. Because when you say over or underutilized, the answer is compared to what? So when we talk about...
Compared to what we appropriated and what you put in your line in the first place that you thought that line was going to cost.
So for example, we spend a bunch of money on inpatient hospital expenditure, fee for service. Somebody shows up at a hospital, we pay a claim, there's a utilizer. There is nothing in our forecast that says we are projecting this many number of people to go to a hospital this year. That actually has rolled up in a higher component. So while I can tell you what the utilization is and I can show you how utilization grows year over year, there's no point to compare to against this is what we expected for that. There are other points of comparison in the budget, right? So, for example, I can tell you what I expected to spend on acute care versus what I actually spent on acute care. But the more granular you get, whether it's inpatient hospital or pharmacy or FQHC or some of those factors, then I don't have projections to compare against. However, finance answer, I'll give a program answer. There is the source of truth that is the financial accounting, and we do report that to you all monthly, our spend against the appropriation. So that comes over in the premium and caseload expenditure report that is posted on our website and sent to you all under legislative request for information. There is also, though, a data team and a benefits management team that is in other parts of the department, and they look at those trends of utilization from a data perspective. So, for example, I'll use an example for when I had the opportunity to serve as Medicaid director. Josh was the budget director at the time and we saw a growth in NICU expenditures that we couldn't explain and so we did a little digging and accompanied with that was an increase in emergency medical transportation and we figured out that there had been a number of children who had been born in the metro and gone back up to the mountain areas and their concern was there and then they were flown back to the metro area. So it gave us some insight into how we could better improve transitions of care. So those kinds of data are being looked at by our program and policy team every month through our data analytics shop, which is in the clinical quality and improvement office. So we have both lenses. We have our expenditure, and then we have utilization and quality measures that we're looking at monthly.
Okay.
Can we move on?
May I just, Senator Mobley, I just wanted one more. In addition to the blue top document, one of the other questions that you all had asked us, again, as we face potentially very... very difficult budget decisions was around what are the optional Medicaid services. We pulled those out so that you could see them explicitly. I just didn't want you to not think that that information had not been included. In addition, we included the state-only programs, as you all had requested, and which office is responsible for administering those. Again, these can be reference documents. I did not mean to take us back. I know you wouldn't like to move forward, Senator Amabile, but they were sort of additional components to this initial question that you asked, which is could we better understand the expenditure of Medicaid-required services, optional services, and then programs that we created as a state?
Okay. So I think we're moving on to this ender. We're still talking about where the money goes, right? Yes. Okay. So we're moving on to the... We have a question from Rep. Taggart.
Thank you, Summer. Thank you, Madam Chair. Just at some point, let's not take the time now, but I still would like to know what no proxy available means because it shows up a lot on the optional and I just don't know what it means.
We can clarify.
Okay. Very last. Yeah.
I don't know what that means either. We don't know what that means either, sir. We'll get back to you and clarify. Although, Representative Taggart, I think as you look through this, even if the chart is incomplete, the important thing to remember is that everything on here gets at least a 50% percent match as services. So for example, the first one on this list that says no proxy available for adult glasses after surgery, the estimated federal match on that should be 50 percent. Now, it gets weird, right, because it depends on the actual population, right? The service itself gets a base federal match rate of 50 percent, but if you are part of the expansion population, it gets 90 percent. If you're part of the breast and cervical cancer prevention and treatment program, it gets 65 percent, and that's where things are. But I think you can assume for the sake of looking at this, everything gets at least 50%.
Okay. Senator Amabile, I'm sorry. Can you clarify where did you want to go next?
Well, I just want to move on to the next thing. And I was guessing that it might be about this
sheet that is, I don't know, I called it vendors. But if that's not the next thing, then fine. I would need to find that information.
I don't know that I have it at my fingertips. Can we take a five-minute break?
Yes, we can.
We need to recollect some things.
Okay. Thanks. The committee will stand in a brief recess. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Okay. As soon as we get done throwing the socks around, we will come back to order. Take it away. Okay, thank you. We are going to change up the agenda a little bit and actually jump into kind of the org structure of the department we know there's a lot of questions there is a lot of information that went out around that and then we will get into some program level stuff and then talk a little bit about the vendor list so just want to give everyone the heads up we going to make some adjustments for the for this afternoon so I think with that I will turn it over to the department Great thank you all So one of the things we been working collaboratively with Summer to do is these documents that say advanced deliverable. Those are really what we are trying to do to avoid the number of slides and so if those are working, awesome. If they are not working, please don't hesitate to let us know. But we also know that the amount of volume of things you receive make it very difficult to always plow through each of the advanced deliverables. And so what we aim to do during these conversations is sort of walk through what we've put together. But I also hope that they can serve as sort of a library of things when you all get to recommendation setting that you would have a series of things. So we have been kicking around in the department how we might organize all these advanced deliverables into a final sort of library of things for you organized by topic area. So Lauren and Vincent have been working hard to think that through. And so, again, we'd just appreciate it if you all have a vision for that and how our materials that we create over this interim period can be most helpful to you as you go into deliberations about recommendations. Please know that we want to partner with you on that. So one of the areas that we were asked about was our organizational authority. I think the true-false game made it clear that express is an important word to clarify. So what we put together was really just our organizational authority in a way that recognizes that there are now 10 offices in the department meant to match the responsibilities and major functions of the department. So we tried to open up and describe what are the major functions of each of the different 10 offices in the department. If you all have questions about that, we're happy to dig into them. Many of them are fairly self-explanatory. Perhaps the ones that are not as much are the Medicaid Operations Office. In some ways, the Medicaid program operates as a health plan, as a health insurance provider. So we have a group of people who work on provider enrollment. We have a group of people who work on member engagement, obviously eligibility, customer services, those kinds of things. So the Medicaid Operations Office includes those pieces. I won't go through each of them, but we've also provided you not only a list in a written way with the statutory authority, but also tried to provide a high-level overview of why it would seem that the department's organizational structure would make any sense. So the brief history organizational timeline really builds on what the first presentation of your journey way back in May, whenever that was, about all of the programs and as they have been added to the department. I will not hit them all, but, you know, 1994 is the creation of the department. Programs and coverage were really around in 1998, the launch of the Child Health Plan Plus, again, a program that preceded and was then engaged with by the federal CHIP program. So many people call it CHIP. We call it Child Health Plan Plus. The state Medicaid agency is the designated state agency for both of those programs. as required by federal law. You can see the Colorado Benefits Management System, CBMS, was launched in 2004, which really was that shared eligibility platform across all of the counties as well as different programs. The recession of 2008 really led to a period of time where there were budget reformers, reductions, including provider rate cuts, utilization controls, and reductions in another program that we haven't yet talked very much about, which is the Colorado Indigent Care Program, which is a hospital reimbursement program for individuals who receive services at hospitals and some other places. 2009, the hospital provider fee, the Accountable Care Collaborative launched in 2011, and then the Office of Community Living, the one that does expressly have statutory description, was transferred from the Department of Human Services to the Department of Healthcare Policy and Financing because some of the waiver services, in particular for individuals with intellectual and developmental disabilities, were being shared between the two departments. Then there was the launch of PEAK, which is the self-service portal, and then we come to sort of modern time and modern history where in 2017, the Chase Enterprise was created. We had the 1115 waiver, and then the Rays were implemented under Accountable Care Collaborative Phase 2. Most recently, Accountable Care Collaborative Phase 3 was launched last year. So that is a whirlwind tour of one of our advanced deliverables. Again, I provided to you because we know it's very challenging to receive so many documents in advance. We want to bridge off of that history. Yes.
Sorry to interrupt.
I want to check in and actually wondering if we should change this up because I think one of the commission members who's most interested in this topic isn't here right now. And I want to make sure that we're not having to repeat this later on. So I'm wondering if we should, and Chair Mabale, I'm looking at you to see if you're, if we want to switch over to the vendor list and then come back to this. Okay. I'm fine with that. Okay. Sorry for the switch up. I just want to make sure that I know the folks that are most interested are here and part of the conversation and want to make sure that we're not going to repeat it later. Sure. So if we can switch maybe to the vendor list and then we'll go back to the org chart. Absolutely. Okay. Thank you for being flexible. No worries. So as I'll even make the bridge if I can so that it makes a little sense where we've gone. So the department provides, obviously has state staff providing a lot of the core functions I just described, provider enrollment support, eligibility, policy and operations, health benefit management, as I described earlier of sort of our data team and our health benefit managers, really monitoring their benefit. They go through a variety of different approaches to do that. At the same time, we do utilize a series of vendors to help us perform some critical operational tasks and some sort of research-based augmentation tasks. And so we have provided to you what we think is what you wanted. This is a place where, you know, a question has come. Can we get a list of the provider or the vendors that the department utilizes? sort of what office engages with that and what is the match rate. So for some of our services that we get from vendors, there's a variety of federal match rates that help us to support that vendor engagement. So what we have provided are the basics. So you'll see, and I'll just hit a couple of the headlines because it's important. The Colorado Benefits Management System, again, shared across multiple state agencies, But our current vendor for that is Deloitte Independent to the department is Accentra Health which is our utilization management vendor and that is managed directly in our cost control and quality improvement office. I just, yeah, you're not going to go through all of it. I am not. Nope, no ma'am. Thank you for stopping me though in case I would. I was just trying to give a structure of how we've tried to organize this. So who the vendor is, what their task is, and the total contracted amount, and the office, and then the match rate. So we also provided the contract end date. All of these contracts are procured following state procurement rules. I'll let you jump in, Senator Mabley.
Okay, thanks. So I'm wondering, the number, like on the first one, $389 million,
is for the entire contract period?
That's correct.
These aren't annual numbers.
That is correct.
That is not an annual number.
It is the entirety of the contract over multiple years.
Okay.
And when did that contract start?
With Deloitte?
With Deloitte 15 years ago.
So we're paying them $389 million over 15 years?
I believe that it is after each new procurement cycle.
We can get back to that detail,
But for example, for CBMS, it's procured, and then over the contract period, I think we can do between five and seven years.
I think this contract amount represents that current contract that we're in, the period of the current contract, because that needs to be procured and renewed on a regular basis.
I mean, I think there are some really big numbers in here, and so I guess on some of them anyway, I'd like to understand how long is that?
Like how much is that per year that we're spending?
And also like are other departments kicking in and this is just the number that HICPF is paying?
Or is this the total for the contract for CBMS for everything? So on CBMS, CBMS does have some funding from human services that comes across. I think there might be some other smaller ones, maybe BHR, maybe CDC.
So this number is just for HICPF?
I don't want to tell you the wrong answer.
So maybe Senator Mable, given what we learned with the first set of data that we tried to present to you,
if there are ones that you have additional questions on, let's flag those, the ones that either stand out or we need more information. And then we can come back with fact sheets on each of those contracts to help illuminate those questions.
Okay. My other question was, well, I mean, I had flagged a few of them.
I don't have any idea what base core claims editing, but that looks like a huge number
also and I'd just like to try to understand what that is because my understanding is HICPF
also has FTE and that was why I thought this matched with your chart about how many FTE
are in each of the departments that are doing some of these things and then also paying a
contractor to do them and it would be interesting to have that added together.
So actually this is how much, and I get maybe it doesn't break out that way into each different
department like I could see why CBMS maybe does or doesn't.
But you know on the care and case management, we're spending $111 million in addition to
the care coordinators at HICPUF, all the care coordination that happens in the raise,
the care coordination that happens with the providers.
So I'm just, I'm just, that looks like a big number on top of, on top of, on top of.
I would love to know how much money in the Medicaid system is spent on care coordination and how much that adds up to per member because it just looks big
And then again, like recoveries, I mean, that's not one of the biggest ones,
and then some of them have, they have no match, I think,
maybe the social health information exchange.
And again, I don't know what that means.
I don't know what social health information is.
And then on the pharmacy benefit management system,
I thought that was supposed to save us money.
So is there some corresponding number that is the savings?
Or is that all just cost on top of the cost of the drugs?
Those are my questions about that.
So, Senator Mobley, perhaps I can pick one of these as an example to help eliminate it, and then we'll get back to you with a lot more detailed information. So let's use the pharmacy benefit management system. So the department actually maintains multiple claim systems, right? The big one is typically called the Medicaid management information system or the MMIS because things get branded. It's also known as the interchange, and that handles a lot of the claims processing, the technical stuff of providers that gives us information. Pharmacy is a completely different world than a lot of Medicaid claims, and it requires a separate claim system, right, benefit limits and prior authorizations and things. So the cost that you see on the sheet is related to the independent cost associated with running the pharmacy claim system, the prior authorization process, and some of those things. That is, in addition to the department staffing associated with it, the department has a handful of FTE in our pharmacy office that run it, but then it's connected back to other areas where we have people in, say, our health information office that do call it project management, program design, scoping out change requests, things like that. Okay.
I mean, it just seems like an awful lot of money on top of other money,
and it doesn't actually go to any kind of delivery of drugs.
Well, it pays the claims from the pharmacies.
So when a Medicaid member goes to a pharmacy and gets a drug, the claim for that is processed by MedImpact,
and then the claim is paid.
So it's our claims processing system for our pharmacy benefit.
Okay.
So I just want to put that in some kind of context,
like how much is that per prescription or per claim that gets filled
or whatever it is?
Okay.
I don't know.
Just because for me that just looks like a giant number.
It seems like if you set up a system
and you spent a bunch of money to get the system set up,
that once it's set up, it's automated to some extent,
and the cost of doing that should go down over time.
And maybe that's what's happening here,
because, again, I don't know what amount per year.
And Senator Mopoli, that's true.
So, you know, we've done a number of budget requests over the years
to request funding for replacement technology and things,
and they always start exactly in the way that you think.
There is a large upfront cost associated with building system design,
and then the costs go down in terms of maintenance.
So for most of our systems, there is a cost associated related to the number of claims that we pay.
And that, you know, is much less than the development cost, but it counts for things like the staff that are working on it, the power that's used to do it, the physical locations of the servers and things like that.
But you are generally correct.
The cost does go down after the initial implementation phase.
So is this a lower cost or higher cost, or where is this in the continuum of cost?
this is again that this is the total contract amount so we can as you asked break it down by the annual expenditure I will say you were asking a question
and I was able to look at some of the other information we provided. We have 17 filled positions in the department that administer the pharmacy benefit, which is an over-a-billion-dollar benefit.
So I think our team inside the department is 17 FTE
that have a salary of just less than $2 million.
Okay.
All right.
I have a very basic question. All of these numbers are inclusive of federal funding.
Is that right?
That's correct.
Okay.
So the match rate you're showing us is 90% of that or 75% or 50% or whatever the match rate is, of that number is being covered by the federal government?
Yes.
Okay.
Thank you. Actually, I'd love to give you an example of that. I have the long bill pulled up to just give you a sense. We were talking about CBMS earlier. HICPF's current total appropriation for CBMS is about $97 million, of which $12.8 million is general fund. There's other state funds in there. There's hospital provider fee. There's some reappropriated funds. But everything in here is including a federal match.
Rep Taggart.
Thank you, Summer.
I've raised this concern before, and that is when I look at the software side of things here,
It would appear that almost all the software engagement that we do for development is proprietary.
In business, that is no longer the case.
We work on platforms.
Oracle is one of the companies that has major platforms.
I happen to deal primarily with SAP.
I guess I realize there are only 50 states that participate in Medicaid, but do we ever have a conversation, a consortium of states that say, let's get behind one platform or another, and then you do some customization of a base?
but it just this all looks proprietary and I don't have to tell you that proprietary software meets everybody's specific needs within the state,
but it's almost impossible to update without huge expenses.
and I just wonder do we have a strategy to look at a more generic platform to build off of that
has in fact and I know we're working on a replacement thank God for CBMS so let's not
focus on CBMS because we've spent enough time on that over the years but unless somebody else wants
to, but what's our strategy here?
Because it just looks all proprietary to me. Yes.
Thank you, Representative Taggart.
I think I would answer with a couple of things. The first is this is a general concern across Medicaid programs across the nation. So I think I've mentioned I've worked extensively with the National Association of Medicaid Directors, and the limited number of vendors that are available to do this work is an ongoing concern. the second is there have been changes in the federal requirements so the last time we built the interchange which is when I was here it was a huge new system brought on all at the same time and if none of We were here. We didn't pay claims very well for a little bit of time on that one. And so what has become the more standard approach has been modular. And what the federal government is asking us to do is to take the different components of our Medicaid payment system and break it into modules. And then those modules can be reprocured and technology can be shared across them. So one change has been a more modular approach so that we don't have these big systems built. There is unfortunately still limited ability to apply Medicaid policy from one state to another because of the unique nature of the benefits, right? We spent the morning talking earlier in the conversation. All of the unique benefits and payment policy that we have have to be built into, again, just using the claims payment system. However, there are some things like Accentra, our UN vendor. we do have the ability to look at other states' utilization management criteria. I think they're in 17 states. So when we have a question about our utilization management criteria, we can look across. It doesn't necessarily mean the system is duplicative, as you, I think, are suggesting, but there is the ability with some of our vendors who are in multiple states, Deloitte also being in multiple states as we're looking at HR1 learnings, that we're looking at that on the back end. That's not the full answer to your question. The first is it is frustrating, and it's frustrating to all Medicaid programs, the limited number of vendors, and the uniqueness with which we feel like we sometimes have to engage with each of these vendors. Thank you, Madam Chair.
I hear what you're saying, but at the same time with your background working nationally, we do have components.
yes, the rate structure may be different, but they're mandatory according to our federal government.
And to me, that provides a base that you can build off of that you don't have to build.
Each state has to build its own mandatory portion.
and it just, I have a bias because proprietary software sounds good at first
and it fits the specific needs of an individual group,
but down the road it is an absolute nightmare
and we don't have to go any further than CBMS to realize that.
Representative Taggart, I'd add just a couple things here.
First, the federal government has really pushed the angle that you're talking about, that in particular because the federal government pays 90 percent of the cost for developing new technology, they have a vested interest in making sure that 50 different states do not build 50 completely independent Medicaid management information systems. And so that's been the push towards modularity. It's been the push towards reusability. It's been the push towards commercial off-the-shelf software. I do know that one of the things that becomes really difficult for us when we buy commercial off-the-shelf software is the amount of customization. I've been with the department long enough to have been part of my share of IT projects. And there are so many moments where we think that we're getting a complete solution from someone who is giving us, hey, this is our software package and some of that. And then as we dig into it, it's like, well, no, Colorado has these requirements and we're looking at these measures and it needs to be reported in this way. and the value sometimes of getting things that are simply off the shelf gets eliminated by the amount of customization we do. And that been the challenge Still though I think the general overarching theme is that there is a national push not just from the federal government but from all of the states who all have individual groups of folks doing this sort of IT work to standardize it to get it so that we can plug in modules that we don have to do this development from the ground up because it tough And when a little thing goes wrong, it has outsized consequences.
Senator Kirkmeyer.
Thank you.
I don't know if anybody asked this or not already, and I apologize if you did, but I wasn't here.
What is program integrity? What is that? Program integrity is our fraud, waste, and abuse program.
And so is there a report on what they've actually found through program integrity
that we are spending $11 million?
Because even if it's including the federal match, I steal my taxpayer dollars.
Yes, we can get you a report on those.
Great.
Any other questions on the vendor list? Yeah, I think we can move on. I've got here just some follow-up items in terms of the program integrity report, maybe more information on the length of the contracts, number of staff supporting them, the total per year, and some money where the dollars are spread across care coordination.
Senator Frizzell?
Thank you.
I just, where on this list is the RAC audit auditor?
Let me ask a friend.
Thank you.
We don't know.
We'll get back to you.
Okay.
Being honest, I don't want to tell you the wrong thing.
So just to be clear, this is not every contract that the department manages.
There are lots more.
this is a select number for some illustrative purposes.
But for specifics, we can absolutely get you those numbers.
Are these the highest numbers?
Is that how we decided the selection?
Or are there some?
I think it's more about being illustrative here.
I don't think it was we picked the top ten.
Okay.
Thank you.
I mean, I ask because the RAC audit process was something that was heavily scrutinized in recent years by both the Joint Budget Committee and the Legislative Audit Committee, and I think that those are important numbers.
And, candidly, I don't think I've ever seen any real transparency around that.
Supposedly, things have improved.
I don't actually know, but I would like that information if I could.
Sure.
we're happy to bring it to you actually I'll add one brief bit of contract so or context the RAC contract is interesting because it is a contingency based contract and so there is no set amount I believe there's a report that we provide every year that shows the contingency amounts we will double check on that and resurface it and if it is not actually a legislative report we'll provide the number anyway. Okay. Yes, because we're moving back to the org chart. Yes. So. I have been getting to the chair's point. I have been getting some text messages, especially related to this vendor list and whatnot.
Are these are all of these materials available online for our folks for folks to follow at home We missing two documents that are being uploaded The two that are in the Google Sheets Okay
Thank you, Mr. Brown.
So it sounds like they will be added very, very shortly.
Okay, thank you, sir.
And then, Representative Brown, we were talking about this during the break.
Some of the links to these documents are embedded inside of the fact sheet,
so sometimes you've got to go into the fact sheet and find them.
So we'll try to clean that up over time.
But you may have to – folks listening online may need to dig a little deeper.
I appreciate that, and I think it's challenging for us to keep up with, and we're having a very sort of freewheeling conversation, so it isn't always so linear.
So I appreciate the department's diligence there.
Okay. We're going to go back to the org chart. Okay. So I think as we were discussing the history of the department and our organizational authority and providing insights into how we're organized today, it's an advanced deliverable that we tried to provide for both visual learners and more table-based learners. And so there are three core components of our organizational chart. There's the overall administration of the department, which is the executive director's office. That includes things like human resources, our learning and development support, our executive leadership. And then there are four offices that we would describe as offices that operate the programs within the department. So the Health Policy Office is led by Director Adela Flores Brennan, and they do some of the things that I have been mentioning in terms of just overall benefit management. We go through a three-year evidence review where we look and see if the medical evidence has changed, how the benefit might need to be changed. There's ongoing monitoring of the benefits. There's also the children and family programs that are in the health policy office, as well as some of our other waivers, the 1115 waiver as an example. The Office of Community Living we've talked about provides oversight led by Director Bonnie Silva. It provides oversight over our long-term services and supports operations and compliance, our waivers, and then the specific case management and those case management agencies, Senator Mabley, that you were mentioning that support individuals receiving long-term services and supports or home and community-based services. The pharmacy office we've talked a little bit about, fairly straightforward, and then the behavioral health office, which also includes the rural health transformation program as sort of an added piece. Director Kristen Bates serves as both the deputy Medicaid director as well as the behavioral health lead. Then there are a series of offices that are sort of in service to the programs that we administer. The cost control and quality improvement office includes some of our utilization management. It's also where our Accountable Care Collaborative is overseen as it attempts to look at the role of improving quality and access to services there. We do data analytics out of that office as well as clinical research. The finance office led by Josh has all of our special financing, audits and procurement, budget accounting, those kinds of supports. Medicaid and CHIP operations, I've mentioned them already, things like customer service, provider services. The health information office has a lot. If you noticed on the vendor list, we tried to list which office manages. The health information office plays an incredibly important role in managing many of the vendors that we just talked about. And interfacing with other operations and contracts And then excuse me the Policy and Communications Office is led by Rachel Ryder It includes our legal division our county and partner relations government relations and communications So that is the general structure that leads to the foundational components of the department. We also tried to put those with our major functions in a table. So those two pieces of information are equivalent. We were also asked to provide an overview of the FTE and salary totals for each of those offices, and so have done that in an Excel spreadsheet that came as part of this advanced deliverable.
I, again, will not go through all of them, but we also tried to tie sort of who's in that office and what are the structures within it, who have the FTE, and then what is the function, and are there any additional things of note. For example, the Rural Health Transformation Program Division, those positions are all grant-funded and term-limited. They will not, since there are no state dollars going to that, they are in structured term-limited positions as FTE. So that is the overview of the department's structure that helps us to administer. we at the front of the program level budget crosswalk tried to then tie those offices to the benefits that they oversee. So both in the very large spreadsheet that is the legal size as well as in the high-level fact sheet, tried to recognize that, for example, that service category of acute care is $6.9 billion, dollars and there are really three offices that support that acute care, the health policy office, the pharmacy office, and then that undergirding through the Medicaid operations office. So again, we're not going to go through each of these, but we recognized, as you said, Rep. Brown, it's hard to keep track of all of the things we're trying to help send over to explain the structure of the department. And so I wanted to provide just a high-level overview of those and then happy to take questions. All of this is also getting a match? Yes. And does that also vary, or is there one match? It varies by staff. Thank you for the question, Senator Mable. The caveat, because, right, everything is true with the caveat, it appears today. The caveat is, for example, those rural health transformation programs, it's not necessarily a match. Those positions are federally funded. And so that piece does not have a match. But, yes, across the offices, some of our core functions and administrative functions are, the bulk of them are 50-50. And then some of our technology supporting staff who do work on some of those 90-10 technology-related contracts, their salary is matched at 90-10. Senator Kirkmire. Thank you.
So how many of these offices were present in fiscal year 19?
Six.
And you don't have any divisions in your department? You just create offices or are there actually divisions?
I think as I understand it, and you may know better as a member of the Joint Budget Committee, we do have divisions in our office, in our department. They are under our offices, though. I think in many other state agencies, I think the way we describe an office would be considered a division. The unique part about our office, or the way we are structured, is we really administer one sort of structured program or set of programs. So I think unlike perhaps Department of Public Safety, where Colorado State Patrol is quite different than the Division of Fire Prevention and Control, right? So those two perform different functions on behalf of the state. The way we are organized and while we use a division structure, I think it's different than the way other state agencies do. Our divisions are underneath our offices and help us to break the work down further.
So you have office directors and then you have division directors?
Yes.
And how many deputy directors do you have?
Deputy executive, executive deputy directors. We have in eight of our offices, I think it's eight or nine, I can get back to you with the exact number. We have a designated deputy for that work, but they are an acting policy and manager member. They sort of continue. It's just an organizational structure so that, for example, when Adela Flores Brennan is out, Kristen Bates can serve as the interim Medicaid director during her time of leave.
And did you eliminate any offices from 2018, 2019, fiscal year 19? You only had six. Did you eliminate any and then add some more?
No, they were additive.
Can you tell us which ones were added?
Yes. The Cost Control and Quality Improvement Office, the Medicaid and CHIP Operations Office, and pharmacy had been... So part of... To explain the history, so maybe three, excuse me, I got it wrong. The pharmacy office was previously in a clinical office that was led by our chief medical officer. It included data and analytics and pharmacy under the direction of our CMO. Director Bim Steffer changed that structure and pulled pharmacy out as its own office, given the high expenditure and the sort of unique nature of that benefit, I think as Josh was describing earlier, and made it its own office. So it had been an embedded division within a clinical quality office, and it became similarly the executive director's office, the Human Resources Department and Learning and Development used to be in the Policy and Communications Office, and it was moved to the Executive Director's Office. So some of the reorganization that was done was taking current operating divisions and groups of staff and moving them to different offices as part of her vision for the way the office would operate.
So was there a coverage office, and then somebody added the Office of Behavioral Health to it?
Behavioral Health is a new one as well. That's correct. Yes.
And so, okay, so you said pharmacy, the behavioral health, cost control?
Cost control, quality improvement, and the Medicaid and CHIP operations office.
Medicaid operation office?
Mm-hmm. Okay. Again, though, just as another illustrative example, so the eligibility division when I was here the first time was in the health information office because of the interaction with CBMS and others. So it was a choice to move it to a more operational frame, and that's what became the Medicaid and CHIP operations office. Similarly with provider enrollment, that was also in the health information office and was moved to the Medicaid and CHIP operations office.
And then what guarantee do we have that the rural health transformation grant people the 19 I think there was 19 is what was said last time So What guarantee do we have or how do we follow through to ensure that those individuals are not state employees after five years from now when they become vested
Yes. Thank you for the question. They are in term limited positions and it was advertised as such. So they do not become certified state employees. They are in a term limited position. We have a number, not just the rural health transformation. And so our human resources department tracks that. And at the end of the federal grant, their employment with the state will end.
And of your term limited FTEs, how many, or of your total FTE, how many are considered term limited?
Other than the 19. I would have to count. And they term limit at different times. We tried to provide that in the notes section. we can certainly come back to you with a number and look at when those terms end.
Okay. You know, I wonder if you would at some point be willing to opine since you were here before and then you left and then you came back. and a lot of what we're hearing, the feedback we're getting, the pushback from patients and other people who are worried about getting their benefits cut, is that the number of FTE at HICPF has grown much faster than the number of patients actually has stayed the same and the number of FTE has grown. And so I just wonder, I know you haven't been there long, but is this something you're looking at to try to maybe see if a reorg is in order and if maybe this isn't the best way to have this department organized and if there are in fact maybe some, you know, FTE that aren't completely needed or necessary or if there's overlap between different departments because this is what we're fighting against and therefore you also have to fight against it. And I just wonder if that's something you're looking at and when you think you might be able to tell us about any changes that you might be contemplating.
Yes, Senator, thank you for the question. I think one of the things that is difficult to describe is also the complexity of the program has changed, not just the numbers served. So, for example, when the 1115 waiver was contemplated by the legislature, a number of FTE were associated with that to help implement that new program. So while those are additional services, they may not be to new enrollees. So tracking FTE to enrollee is one proxy. I'm not at all suggesting it's not something we pay attention to, but also the appropriations of program staff as the department adds new programs is another component of that. I think that the 10 office structure is not the most efficient way the department could be operating as someone who is new to the work and, again, trying to separate out the historic way that I understood the department to be operating when I was there. I think these buckets, if you go left to right, Director Birch used to say I was a soccer player, so I see things laterally. But left to right, I think this notion of an administrative set of functions, a constellation of staff that are organized to deliver the program, and then a constellation of staff that are responsible for core operations those in some way make sense I would maybe move a few things around but that highest level I actually was looking the Department of Early Education, I think, has a similar structure. They may have pulled out financing, but they have financing, administration, and program. So I think at that highest level, those kinds of things make sense. So I do see an opportunity to bring back together some of the program areas that have been separated out into offices to increase the ability for the staff to be aware of what is happening with each other and to be aligned and collaborate. One of the things I have done, since I haven't necessarily had the runway to actually reorg, is we have reorganized the way we meet as a department. So I've changed the senior executive team meetings to be inclusive of the offices that do have a deputy. They now come to our senior executive team twice a month, hopefully broadening the number of people that we have the opportunity to hear from and partner with. And then our executive leadership team is all of those division directors across. And we've changed the format of that to really be focused on enterprise-wide projects. So we have identified 10 to 12 bodies of work that we would call enterprise-wide projects. Examples, HR1. Nearly every single part of the department has a component in making HR1 go. Similarly, the rural health transformation and others. So the county redesign. So those enterprise-wide now have been put into a portfolio, and we do updates on each of those, every executive leadership team, which is twice a month now. So while I haven't necessarily made changes to the structure, I've tried to help improve the way we're communicating with each other across the department to help to make sure we have connectivity across each of them. We also stand up ad hoc work teams and those kinds of things, but I do see an opportunity for perhaps a different structure that could be a little more efficient. Thank you. Yeah, so, I mean, not to reiterate what you just told us, Director Hammer, but it seems to me like the previous executive director kind of took things and made the organization more flat, right? And what you're talking about is sort of putting groups together in a different way that might be more efficient at some point. But, of course, it seems like you're, you know, maybe we're a little ways from that. I mean, do you have plans for reorganizing things at this point, or are you sort of waiting a bit? In my professional experience, both when I was here before and as a consultant, rushing to reorg is not an effective strategy. And so given that I serve under Governor Polis and Governor Polis's term will end in January, I don't feel it's responsible to start a reorg that I would not have full responsibility for across. That is not to say that ideas can't be explored. I think Senator Mable, you had mentioned maybe a recommendation from the commission. I think certainly conversations. But given the time that I have known availability in this position, I feel it would be irresponsible to start a reorganization of the offices. Yeah, I mean, the only thing that I would say is it puts a lot of the way this structure plays. And obviously, I believe that the structure of the department is ultimately at the discretion of the leadership of the department, right? that you supposed to design your department in a way that effectively executes the programs and the directives that you get from the legislature But it puts a lot of pressure on the executive director because you seem to be the only person who kind of can see the entire chessboard And I think that's the structure that has been put in place here. You know, if you had a little bit more vertical structure, you might have some deputies that were a little closer that had a little broader view of what's going on in the department. So I'm sure that's probably what you're weighing at this point. So anyway, I appreciate that conversation. Yeah, and I would just say, because I think it's really important to say, one of the things that is very clear is that there is no turf or tension between these office directors. This is my senior executive team. We come together every Tuesday morning, adding legal, our chief medical officer and our human resources director. And we are working really hard to act like a team and to put the structures in place to support that team-based thinking. And so I just think it's important. I, too, have gotten feedback about how it can be a little difficult to navigate the department. But I have not ever gotten feedback that there is tension or turf between the two offices. I just worry and believe in my heart of hearts that we administer Medicaid and CHIP as a department. And doing that in silos is not the most effective way to do that. Rep Taggart. Thank you, Summer. And I appreciate your statement that reorganization is not something you want to do by snapping your fingers and that it probably couldn't take place between now and January. However, I do think the principles surrounding an organization structure can be spelled out. For instance, when I look at this, you have some divisions which I would consider, from the words that I use, that we use in business, that are somewhat decentralized, and that's programs. And then you have the centralization of services that are provided to each one of the programs. In our business, it would be a product division supported by finance, supported by operation, supported by IT, et cetera, et cetera. And I see some of that concept here, although there's some conflicting ones. For instance, health policy, just reading what you've written here, does not seem like a program. It seems like more of a centralized set of policies. But I don't want to digress there as much as I think encouraging putting together the principles, not necessarily us, but I suppose we could, the principles of what this organization should be going forward, I think is an important thought process. Because I would agree with you, some of the makings in the far left make sense to me, because, again, it's decentralization versus centralization. and I agree with that. It's just that there's some stuff within it that doesn't match up with that and then the one two that I noticed there's health policy is is one of them and cost control and quality. If it was me, I would put that within within the program side of things so but I would just encourage you to take it forward and make a recommendation. Thank you. Senator Kirkbier.
Thanks. Is the chief medical officer in statute expressly, or is that something, a position that was created in the executive director's office by the executive director?
I don't know the answer to that. I did, to Representative Taggart's maybe just point, I moved Dr. Roth-Gary and our part-time clinical, other clinician out of the cost control and quality improvement office and up into the executive director's office. That is one change that I made starting July 1st. In an attempt to try and see that perhaps maybe what you were mentioning, Representative Taggart, that we need a medical point of view on our senior executive team and we need clinical insights into all the decisions we're making. And so moving that to the Executive Director's Office positions Dr. Roth-Gerry as opposed to being down in one part of the organization to be further to the left in this picture and able to provide oversight across the different areas in the department.
Actually, Senator Kirkmeyer, I want to answer your question directly. There is in fact a statute that requires HIPAAF to have a Chief Medical Officer. It does not specify where the Chief Medical Officer is inside of our organization.
Okay, I was curious on that because I know there's one requirement in the Department of Public Health. So I have a couple of questions and then a comment for you. So I'd like to know which office is focusing in on the error rate issue and which office focuses in on the CBMS stuff. And then there was an article in the paper just recently, Colorado Politics, and it stated that of the 200 million, this had to do with the Rural Health Transformation Grant, Bates said 160 million would go directly to providers, and the rest was allocated to training and technical assistance for 19 new staff who will assist in operating the program within the cholera Department of Health and Environment. I think there's a bunch of errors in that paragraph, and I would suggest maybe you get that cleared up, because I had several text messages this morning and said, what the hell is the department doing that they're using $40 million for 19 people and it's over in the Department of Public Health and Environment. So I said I don't think that's exactly what was said. You might want to clean that up. But just back to my other two comments, where is the error rate and the CBMS, where are those issues being handled, which office?
Yep, thank you for the question and thank you for the guidance on the cleanup on that real health transformation comment. So the eligibility is in our Medicaid operations office which is where the payment error rate general policy lives. However, that also includes our health information office. So I would say, again, if, you know, Representative Taggart, we were to think about what are the core functions that often align to support an entire enterprise, I think our information technology and our operations there. So the main point of contact for our CBMS and the COBEs team is in the Health Information Office but with heavy engagement as you might imagine of the eligibility division staff led by Maribel Klukman and Kristen Lindblom is the point of contact there Parrish Steinbrecher is the Office Director for the Health Information Office, and Ralph Choate for the Medicaid Operations Office, Medicaid and CHIP Operations. So those two are really shared, Senator Kirkmeyer, across, but led by additional policy and communication support from Rachel Ryder and others based on just how we're going to communicate, et cetera. But the PERM rates are specific. And the other reason the Policy and Communications Office is important is because they're our point of contact on our county partnerships. and since counties are our eligibility determination partners. So that, again, perhaps an example of where across some really important policy areas, we've got multiple offices within the department who have responsibility. Thank you.
Any other questions on the structure before we move into programs? Okay. What additional things did you want me to say about the programs?
Can I just ask one more thing just to clarify? So I do think it would be interesting for us to include some kind of recommendation on restructuring. And, of course, I think we would need your help to do that. And so is that something that I understand you're in a funny situation, but you would be potentially willing to make some recommendations. Is that right? Yes. Okay.
Any other questions from HICPF? They'll be around, but we're going to move into exercise unless there's other questions that you all had.
I will just say on this BHA write-up that's in here that we didn't talk about. You know, I do have questions about that, but I think we could handle that offline.
Well, we have the time put aside so that for the things that we aren't diving into, if you have questions around those materials that were sent, let's dive into them.
Now?
Yeah.
Okay. So I just, the overlap with the BHA is, you know, it's concerning. And I think that we are also looking for ways to make that more effective and maybe to not have overlap but actually to fix the overlap. And so, you know, I read this and I'm like, every BASO has to, they have to, they can only contract with Medicaid providers even though they don't technically pay with Medicaid dollars. I mean, that seems like a big overlap right there. And then I wonder if there are going to be recommendations or if there could be recommendations about how we streamline the BHA with HICPF and with human services and with OCFMH. And that maybe is beyond your all scope, but just at least to focus on the HICPF part because it feels like there a lot of overlap and that it isn necessarily creating better delivery of services or better relationships with the providers Thank you Senator Mobley That the most politic way I could have said it I appreciate it I appreciate it So I think there's a couple of places. So one, unfortunately, Kristen Bates is at a national conference today, so she's not able to be here, nor is Commissioner Beasley. And I have had the chance to get to know Commissioner Beasley and just think the world of her. So I think if there is time in the very packed schedule where you want us to come together and talk, I know sometimes in the Joint Budget Committee process that happens, but I think Commissioner Beasley has a vision for the Behavioral Health Administration and how we can partner in ways that is very positive. So I just wanted to say that explicitly. When I think of, and then the second thing I was going to say is the BHA was created while I was not paying attention to Colorado state policy. So I feel a little out of my depth on this one. I feel a little out of my depth on this one. And so, again, this is a place where I feel like I have deep Medicaid knowledge and deep HICPF knowledge, but not so much BHA knowledge. The one thing I will say is one of the places of complexity is around Medicaid services are paid for for Medicaid enrolled individuals. And there are some people who are never going to qualify for Medicaid or have enough complexity in their lives that staying enrolled in Medicaid is complicated and they still need services. So there is, I believe, a role for another state agency to have vision and responsibility around what does the whole health care system look like beyond just what Medicaid provides as a behavioral health benefit, including, I think, the I matter kind of work, et cetera, that I know Commissioner Beasley is interested in as well, private health insurance and what's our opportunity there. So it is not that you asked me, but I don't think it's unreasonable that there is an entity outside of HICPUF that has a vision and responsibility for all of behavioral health services, which I think was the original vision of Senator Simpson and others. How we execute on that, I think, is the challenge that we're facing and how we draw those lines. I, too, have heard from providers that it has gotten more challenging to navigate BHA licensure, BHA responsibilities, Medicaid enrollment provider, et cetera, to the point where they're saying the amount of administrative burden is exquisite. So I think we have to dig into that. There is also some unique Medicaid behavioral health policy that is just unique to us because it's the benefit we administer. I think sorting through those things and then trying to get, in particular, Commissioner Beasley has been very interested in, like, how do I get data? How does the BHA get data that shows me the whole picture? And that is quite challenging, which is where some of the intersection between the BASOs and our Rays sort of comes together, because we're both in some ways paying claims, both using the BHA, using state block grant dollars from the federal government and state general fund to pay claims for individuals that are not enrolled in the Medicaid program, or a public safety kind of orientation like the crisis services, right, where it really is a public utility in some ways are crisis services. So that's a long answer that I'm not sure helps at all with what you were asking. But when you are asking about sort of is it reasonable to have some distinction between an entity like the BHA and CDHS and HICPF, in some ways yes because of the role we play in administering the behavioral health benefits of the department Okay So I actually do think it would be worth it for us to have the director of the BHA here with HICPF so that we could actually see in real time, like, what's being contemplated between the two departments. Yep. We meet every two weeks to stay aligned and to stay connected on different policy areas. And then our staff work together regularly throughout the weeks. So I have already suggested to Stephanie that we might be here together at some point. Okay. Thanks.
We can definitely add that to the calendar, and I can definitely see how that would be a strong recommendation coming out of this commission related to the next administration. administration, what does that look like and how can there be some more efficiencies? Are there other questions about the materials that you all received that we had not had a chance to dive into yet? Understanding that you received a lot of information.
I'm going to tell you all I'll take a minute to look at it. I do want to check in and see. I know that we didn't get this information to you as quickly or as soon as we would have liked and we will going forward. Is there a different way that you want to receive this information? I know Gretchen asked about that earlier, but is there something that would be easier for you all to review? Okay, I'll just say for myself because it would be great if everything just came as one document. Because I was just saying to Brett Brown, I've got some stuff that I printed out at home that they gave me again and then I have some stuff that I never got and so it's kind of hard to keep track of. But other than that, I'm...
We can give you full packets going forward. I think we'll have enough time now to be able to do that.
Yeah, understanding that we're all under a lot of time constraints.
Sorry, Kirchmeyer.
Thank you. Kind of along a little different line. Here's one of your highlighters. Climbed over to me. Anyways, the Medical Services Board, is that underneath the Executive Director's Office?
It is in the Policy Communications and Administrative Office because it includes the legal component of actual rulemaking Our chief legal officer, our in-house general counsel, Rachel Enterkin, and her staff do the technical component. And then Adela Flores-Brennan is the senior executive team member that attends MSB and represents the department.
And then just another question, not with regard to that, but the Chase Board. Where is that located at? Who oversees that? And then are there any recommendations on changes from the Department of Health Care Policy and Finance perspective? Any changes that you would think would be valuable to make with regard to the Chase Board and responsibilities?
Because we had some issues about a year ago. So, Senator Kirkmeyer, the Chase Board reports through my special financing division in the Finance Office because it is related to a lot of the technical components of the provider fee operations. And so in terms of recommendations, I think we'll, we will get back to you on that one.
So when the, um, example, Executive director, former executive director made the comment about clawing back nearly $60 million because of a lawsuit that was settled in court with UC Health.
That actually went through your office? The staff who work on it work for me. I think that the point is that it's not that I am the sole person interfacing with the Chase Board or my staff. It is that my staff manage the operations. They manage the logistical support. They set up the meetings. They get the agendas out. They manage the websites. The information coming from the Chase Board, the policy associated with it, flows through the entire department. It goes up to the executive director so the decisions about policy related to Chase happens at a department-wide level. It involves the Medicaid director, et cetera.
And has there been any discussions with the Chase Board or with the hospitals with regard to the reduction in the percentage?
Senator Kirkmeyer, yes, there has. that is a conversation that is very much ongoing.
And will there be recommendations coming forward before November 1st, or are they all going to be after November 1st?
Senator Kirkmeyer, we'll get back to you on that one.
So that means after November 1st?
It does not. It's the sort of question that requires me to coordinate with the governor's office. The November 1 budget has some complexity associated, right, because everything needs approval from the governor. so there are interesting moments prior to November 1st where we're allowed to talk about what's going to show up there but it is not my call or the department's call to tell you when we can give you a sneak preview I would caveat that though if I might if it's after November 1st it won't be a sneak preview I appreciate Josh has the responsibility to answer the question in a technical way I have had the chance to talk to many of you independently. And I think, as I understand it, part of what we needed was this kind of time to think together collaboratively. I think given where we started the conversation today about wanting for you all to have a better understanding of our expenditures and how those expenditures match with our benefits and services to individuals, we have these large structural financing challenges ahead of us. And I think it would be my hope that we could do some modeling exercises as you all could request from us. Could we model what would happen under these conditions or in this situation? That doesn't, I don't believe, violate the sort of budget process. And I will say, and I have said that I think it would not serve us well to not be able to have some conversations about potential scenarios in the future and how collectively as a state we're going to rise up and meet those challenges that we all face together. So I hope we do get to have those conversations prior to the formal release of the governor's budget, which is one component of a longer-term question around the sustainability of the Medicaid program.
Senator Milka?
Thank you. And thank you for that, Gretchen. And I do want to echo Senator Kirkmeyer a little bit, though, and appreciate you, Gretchen, on the modeling, because I do think that that's a good idea. I'm sure you're going to get a number of requests on that because I do think it's going to be valuable. But I also think that we are in a precarious position. We have a new administration coming in to the state, and so, you know, it's kind of a chicken and egg thing. But we also doing a significant amount of work here And so I not sure if maybe we need to have the administration come in because I think it not going to be helpful when we doing this work and we coming up with solutions to try to keep Medicaid in this state afloat And then we get a budget that counteracts all of the work that this commission is doing. And so, Summer, I don't know if that's for you. I don't know if that's for you, Gretchen, but I mean, I don't think that that will be a very productive way of doing things. Granted, the legislature controls the budget, but to get a budget put forward from the administration that counteracts everything we're doing, I think it's not going to be helpful when time is of the essence on this issue. So one of the key assets that we have is OSPB Director Ferrandino. He is, at his heart, a health policy nerd. And so I think that we could very easily engage with him and see how he might be able to come to the commission. Okay, so I'll just add to that on this modeling thing. do you need a specific request from who to do this modeling?
Thank you, Senator Mabley.
Yes. I think a little bit like what we, and I hope we made some progress today in giving you information in a way that was easier for you to absorb and understand. And then I think as the process is supposed to work, you said, wow, it's great to see the whole picture, but the whole picture isn't what we can make decisions around. We need places of anomaly, places where policy changes, et cetera. So I think I would be wary of committing department resources to model things and concepts and ideas that don't meet your needs or interests, right? I think, as Summer has said, it takes quite a bit of time across multiple areas of the department to prepare these materials. We are 100% committed to doing that. And so I think some direction on modeling changes of financing, changes of benefit, changes of whatever you all would need as you get further into a deep understanding of how the programs are currently operating would be helpful to us so that we don't spend a lot of time doing the wrong thing. Can I jump in real quickly? Because I just want to share, add to that. I think one of the next exercises that we're going to do, which is around trade-offs, is going to start us getting to think about what are those types of things that we want to know or ask or model in order to be able to make some of those decisions. So, I think we're trying to make some steps to get there because I want to be really thoughtful about making sure that we are asking the department and asking them to work on things that are going to help us make decisions around the tough things that we do need to decide on. So, that's really like I think that's the question I would encourage everyone to keep coming back to as we're making requests is, is this going to help us make decisions in a few months around how to make this a sustainable program? Okay. Can I add one thing really quick? One of the things that is on a future agenda, I forget what date is to talk about the changes to provider fees and the reduction and the amount of ceiling there. And so we will come back at least to start with some high-level information and it will be enough to generate some questions to talk about probably a few different what-if scenarios. And I think that is already planned, but I do not quite remember the date off the top of my head. Okay. I just don't want us to get so far down the road before we've actually made that request that you can't get it done before the budget. So I don know where that is on the agenda either but let make sure that we don leave that go for too long And the other thing the first half a percent is in 2027 Is that correct The first reduction Yes. Like that, absolutely. I heard some hedging about whether that would be in the budget, but it has to be, doesn't it? So, yeah, it has to be.
Okay. Painful as that was. Thank you. Other questions or comments before we move on? Okay. Great. Again, many thanks to the HICPF team for all your work. Thank you very much. This was hugely helpful. Okay. We are going to move into some exercises now, or an exercise around some trade-offs to help us start thinking about what does this mean going forward? in terms of the decisions that we need to make. Let me just pull up my screen real quick. Well, you did. You took one longer than all of us. All right. This is going to be another thing where we are going to break you into teams. So again, this is going to be an exercise where you are going to start thinking about, we're not making any decisions today. So I want to be really clear. We're not making any decisions. We're not actually even trying to get all on the same page. This is about helping us start to think through what are the factors and considerations we need to be thinking about. And so I want us to start getting used to having this conversation so that when we do have to make those decisions, we're there. So we're going to put you into three groups. Each group is assigned one service, so you'll get that here in a few minutes. You have a worksheet to kind of walk through and debate amongst yourselves. What does this mean in terms of if we do that? We're going to go through the questions in a minute, but if we do this versus this, and then we're going to report back. Again, This is not about kind of getting full agreement. This is not about making a decision. This is actually hearing each other's different perspectives and also thinking through the what-ifs on the other side. So it's actually better if you don't agree, just to be clear. Okay, so we've got three services. We have adult dental, private duty nursing, and targeted case management. What you see here is a little bit around total paid, the federal match. These are dollars that come, this is the dollars that came from HICPF. What the state share is, the members who are getting that service, and the state cost per member. What I'm going to encourage you to do is not get too hung up on these numbers. These are used, I mean, they are coming from HICPF, but they are used as examples so that we can, again, get to these six questions. So each group is going to ask this question. What is the cost? What's the total? What's the state share? Who uses it? How many Coloradans? Which ones? What is the federal match? What Colorado keeps if this changes? And that's the biggest one to really spend some time thinking about and focusing on. What does the evidence say? If this service goes away, what is going to be the downstream cost? What are the cost savings if any what would be the conditions to make it defensible to make it really something that you would say I going to get behind this Three and five, the federal match, and what the change would actually save are the cost savings are the ones that are most often skipped. So I'm going to encourage you all to spend, that's where I want you to spend your time in the groups. This is purely for debate right now, to get you all starting to think through what are these factors that we need to take into consideration when we do need to start making decisions. So there's no right or wrong answer. And just kind of going back to what is the federal matchup being the biggest, the biggest and one of the most important questions. A dollar cut is not a dollar served. So this just serves as an example here of when we cut money, depending on what the federal match is, also really makes a big difference on what we get to save and what we get to invest in. So I give these as kind of some examples for consideration, which is why we want to make sure that the match rate is included in this conversation. And these are all in your packets. We are moving into different teams. So you'll get a worksheet here in a minute. We can move people around.
So Rep Gilchrist is signing off.
I was about to suggest that, and that's not going to work either. I think... Okay. Okay. So, Senator Amabile and Senator Frizzell, we'll just have you on a small team together. Any questions? You are going to get a worksheet and I want to ask you all to complete the worksheet so that we can capture that. But do be prepared to report back out to the group why you landed, where you landed, and what your debate's included. Okay, if you want to get with your groups. Do we need to move it or change up the groups? Oh. If we take a stand on something today during this debate, and then people might try to hold us to that or they might be mad at us for it, but I think we can handle it. Yeah. You won't be held to anything today. There are no decisions at all. Sure, no one's listening. No one's listening. All right, if you want to get in your groups, I'll give you your worksheets. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. All right, if we can come back and hear from each group. Just to reiterate, this is something we're not making any decisions. We are not going to hold you to anything that's said. This is purely an exercise to understand a little bit about what some of those tradeoffs are. All of these services are optional services. So these are ones that you we could say we're not going to continue to offer this anymore. These are ones that we could make some changes to. So that's really what this exercise is about is to understand also as we're trying to figure out and make some of those decisions. What are the questions that you have? What are the things we need to bring back to you in order for you to feel comfortable making those decisions or as comfortable as you can Because I think it is going to be uncomfortable Why don we start with this group over here Was it private duty nursing? Yeah.
Tell us a little bit about your conversation.
Thanks, Summer.
So we had a good conversation. Obviously, we identified some of the sort of factual information that we do have, like the total funds, the general fund, et cetera, that you had provided for us. I think when you ask us about what sort of the evidence says, of course we don't have that evidence, but we would be very much interested in understanding how private duty nursing avoids unnecessary hospitalizations, how the cost of private duty nursing compares to facility-related care, whether this is available in rural communities, whether care would be provided in other ways if the state did not provide this, and the money that is directed to the actual care for the patient versus overhead or sort of take administration that maybe some sort of middle entity were taking. What would a change actually save? And we would posit that we don't really know unless we have clear information of some of those different tradeoffs that we just discussed. And then, you know, what would this program look like if maybe some of the admin costs were able to be taken out and more of that attributed to actual patient care and the payment of nurses? And then I think, you know, ultimately what would have to be true is we would want to make sure that we're spending money in ways that promotes better health outcomes at lower costs. So that's where we sort of ended up. So I don't think we have enough information to make those decisions today, but those were the questions that we raised.
I think it's helpful just to understand what those questions are that are coming up for you. Was there any disagreement in your conversation around how you saw things differently?
what um if you had found out that uh sorry if you could um if you had found out that um you know what it just didn't make financial sense um to continue to offer private duty nursing and instead had to go to say like you know what we can support home health aids what does that what does that mean for the you and the conversation that you had. I think we'd have to know what the health outcomes, what the impact on health outcomes would be. What's the cost savings? What's the impact on health outcomes? Are there other ways to make up for any reduction in health outcomes with lower cost care? This is, I I mean, this is the painful part of talking about Medicaid, which is that any reduction, it is unlikely that any reduction results in higher quality care. I mean, certainly there are ways that we can drive efficiencies, but any time you have a benefit that is being provided, to reduce that benefit probably means some folks are going to receive lower quality care That probably means there are impacts on health And that is just the horrifying reality of the necessity that we face in this state because in large part of decisions at the federal level, to make cuts to Medicaid. And so I think we'd have to know, to go back to your specific question, what are the impacts on health outcomes and how can we mitigate any negative impacts? Thank you.
Let's go to the adult dental team. Thank you.
So for the adult dental program, I'm sorry, what questions do you want me to answer?
Just the questions up there?
You can just give us a summary of your conversation. So I think that we didn't have a lot of information because one of the things that we talked about was changing some of the caps. And the program was already capped, which we don't think is actually reflected here. But keeping in mind that there are long-term health effects for poor dental care could result in cost of additional emergency care. the other question that we came up with, it was like, where do people actually go with dental emergencies if they can't go to a dentist? And we phoned a friend over here, Senator Mullica, and he assured us that that's not actually something that they... Okay. So anyway, he reflected that this is really not something is that dental emergencies are not really treated in emergency rooms, which we didn't really know, but now we know. So not really understanding who actually qualifies for these adult dental benefits. We're not sure if we could look at modeling, capping usage based on age, or what would happen actually. What would be the real changes to what currently costs the state about $75 million a year? what does change if the cap is moved down further. We're trying to figure out what it is now. We think it was changed to about $1,800 to $3,000. Okay. But anyway, so what happened? So there were a lot of uncertainties. We also looked at changing who qualifies for the benefit and maybe narrowing that a little bit. So we ended up with more questions than answers, I'm afraid.
Yeah, and that's okay. I mean, again, I think we're trying to understand what are the questions that you have that we need to bring forward or have prepared for you when we start getting to these conversations. So that's part of what we're trying to learn right now. Okay. Okay. Targeted case management.
We thought you were going to be on break, so I took over. We have a slacker over here.
Summer, please do not be limited.
All right.
So this is a program that total with including federal match of 50% is 147 million dollars. It costs the state approximately 73 million dollars. It costs 903 dollars per member. There are 81,346 members. The members are people with disabilities meaning long-term services. As we all know, these are optional. I'm just going to jump down to number four now, which is what are the downstream costs if the service goes away. We don't know specifically what the downstream costs would be. I'm not sure anyone would really know. I mean, it's more about cost avoidance, the services, but we do believe, or at least we were told, that it would crumble the system, which would be horrible. I heard words like devastating. I put in that it would be very stressful on the entire system because what would happen is a lot of people, over 81,000 people would lose key services that keep them out of hospitals, out of nursing homes, and out of institutions. So again, we don't know all the downstream costs. And again, I'm not sure if anybody really does know what the downstream costs are. But if they do, that would be great to know. What would a change actually save state dollars after the federal share? Again, we're not sure on that either. It would be good if there is some information there. It kind of depends on what the change is one of the changes that might be That we don't have an answer to from our limited information Limited knowledge of this is what's the income level associated with these members? Is it the hundred thirty eight percent of the federal poverty level is a hundred fifty percent or is it two hundred sixty five percent? We don't know but that could be someplace where there could be a change But and that's where maybe the trade-off is, you know Medicaid was originally designed for those who are medically fragile and that are essentially the poorest of the poor. So are we truly providing services to the poorest of the poor or have we brought in that and expanded it over the years? So again, we would need to know what the income level was or is for this group. And then it said what conditions would make a change defensible. Really to me, I think to us, when we talked about the only thing that could make it defensible is if we were looking at the income level. Other than that, trying to do something with folks MEMBERS WHO HAVE DISABILITIES NEEDING LONG-TERM SERVICES WHICH MEANS THE REMAINDER OF THEIR LIFE WHERE THEY WOULD END UP IN HOSPITALS, NURSING HOMES AND INSTITUTIONS WOULD BE WE THINK DEVASTATING BUT ALSO VERY MORE COSTLY TO THE STATE OF COLORADO. SO THAT WAS IT. REP.
YES. THANK YOU. AND THANK YOU SENATOR KIRKMAYER FOR REPRESENTATION. I HAVE A CONCERN HERE.
I DO UNDERSTAND THIS IS PROBABLY ONE OF THE ASPECTS OF THE ORIGINAL ASPECTS OF MEDICAID. Medicaid is to help the poorest of the poor, like Senator Kirkmar said, and the disabled. Now, this also brings forward a question to where, why is this optional now? Did it expand to a point where it's not just being serviced to the poorest of the poor and made it optional? And if that went away, would it go back to the original intent of the poorest of the poor? We'll go down to the poverty level that it was originally intended to help. So that's one of the questions that I would ask as well, and I would need that information so we can make a better decision. If this is actually needed, we can get rid of it, and it would just automatically go back to the original intent. Great. Thank you.
I think that's helpful to know because I think we can help to provide some of that additional context as we're, again, getting into some of this decision-making. I would just say I would invite the other members of the Medicaid Commission to join us at the Joint Budget Committee when we're discussing healthcare policy and finance. Yeah, you should come. You're welcome. You're welcome to come and have a good time. Do you all have any reactions after hearing kind of what your colleague shared I mean I just say we experienced this last year It is really hard We don't feel like we have the information that we need to make these decisions. And that's what we're doing here in this Medicaid commission is getting more information and also figuring out how we're going to work better with the department to get a more fulsome view into what all of these things are. and so it's a great exercise because this is actually what we have to do on the JBC and what the General Assembly has to vote on and if our colleagues don't want to make any cuts then that makes this work really hard to do so not only do we need to understand it but we also need to figure out a way to communicate that with the rest of the General Assembly Okay, thank you for that. Oh, yes.
Yeah, our conversation generated a phone-a-friend, which happens so often on this committee, where I was told that the private duty nursing program complies with federal conditions of participation and that the decision to align PDN with COPs creates overhead for the agencies, significant overhead costs for the agencies that are delivering these services. and that could be a way changing the decision to comply, to align with federal COPs, could potentially reduce the amount going to the, as Rep Taggart put it, the middlemen on this, and perhaps more dollars going directly in. It might increase costs as well, and it might also, but if that means that more people are getting better care, then maybe that's a good tradeoff. So I don't know, just bringing that up as like these are the things that happen when we talk about stuff here. We get text from folks all around the many areas of the interwebs letting us know things. So I thought I'd bring that up and I saw notes being taken, so thank you. And those perspectives are important, so I'm glad we all have plenty of friends.
Last exercise for today before we kind of get into next steps. One, thinking about what are we optimizing for, right? So if you're thinking about our Medicaid program in Colorado for three years from now, what do you want it to be known for? And so we've got a list here for you to look at, consider. I'm going to hand out a worksheet that is basically just this screen here and ask you all to choose your top three. But I want to also ask if a couple of you will share your top three so that we can hear from each other around where you land. So give it a minute while I'm passing this out. and then would love to hear someone's top three. And what do you want the Medicaid program in Colorado to be judged on, known for in three years?
Summer, I reject the premise of this exercise because our program has to do all of these things. I'm sorry. Like, yes, I'm not going to choose between all of these various aspects. So for what it's worth, I think this is, I appreciate what you're trying to do here, but of course we have to improve health comes and health outcomes and value but if you make me choose like how am I going to choose between program integrity and improving health count outcomes of value and preserving access to care and legislative bill it visibility and accountability am I supposed to sacrifice legislative visibility and accountability for program integrity no that ridiculous they have to do all of these things so I just I just appreciate I appreciate the exercise and I appreciate you you trying to get us to think about what our priorities are The problem is that our department has to be able to walk and chew gum at the same time for what it worth
Any healthy debate? Senator Bridges?
Thank you. I'm happy to choose. I mean, I'm not happy to choose. There's nothing involved in this that's happy, but I think there are certain priorities that we have to meet. so agree that I would like to do all of them but if I have to pick I'm happy to I will prioritize and I will choose three if I need to Reperant
I'm with Senator Bridges on this this is what we're doing here we have to be able to pick and choose what is the most necessary things programs to offer
because the program right now is unsustainable It is completely unsustainable, and we have to be able to fix it to a point where it's sustainable. I know we're going to be making hard decisions and hard recommendations, but at the same time, it has to be done. There's no way around it.
I mean, I'll just – I'm going to add to that that I think healthcare costs in America today are unsustainable. This is not unique to Medicaid. Healthcare costs in America are going up way faster than I think our economy can keep track, And it seems like in 20 years, the entire population of America will either – it will be finance bros and nurses. And, like, that will be the economy. And I don't think that's the direction we're headed, and we have to figure something out. I would just add to the conversation as well. It seems to me that there are kind of three, to me, a couple of general topics that kind of oversee all of this. I mean, we are going to have to slow down the general fund cost growth. We don't have the funding for it. And that's why I was talking about the level, the federal poverty level and the expansion populations and where we're at kind of thing. But we're going to have to slow that down. But part of that is truly looking at, and it kind of goes back to what Rep. Brown was saying, that all of these things are important. But slowing down the general fund cost growth means we need to look at program integrity. And there needs to be legislative visibility and accountability. And we should be drawing down every available federal fund we can because that's how we're going to slow down the general fund cost growth. We can't have programs any longer where we had on the NEMT where we were telling some, you know, the metro area $668 reimbursement that they got for, what was it, extra large transport kind of things versus what was going on in the rural communities, which was only $65. But it ended up costing us millions of dollars, not pulling down federal fund matches. We lost out on a lot of federal dollars because with regard to the hospital provider fee and the chase fee, that we didn't increase it up to 99% and that we didn't go after some other dollars. And then it became too late. I mean, like a lot of money. So all of that adds into slowing down our general fund cost growth. If we're making sure we're pulling down every match we can, we also are going to have to look at the waivers. because some of the waivers are waiving people's requirements to be eligible for Medicaid so that they can get Medicaid, and we can't afford it. I mean, we just can't keep affording it. But I think, honestly, for all of us, I would say probably everybody could agree to this, we always want to approve health outcomes and value for the citizens of Colorado. But we do that by making sure that there is administrative efficiency that we are drawing down those federal funds that we are preserving the access to care I mean having 25 counties with maternal health care deserts is not good for anyone in this state And, you know, as I explain to people, that's not just people on Medicaid who are not getting access to maternal health care. That is every woman in that county does not have access to maternal health care. It impacts every single one of us in this state when we lose access to care in any portion of our state. So I think ultimately the goal is that we improve health outcomes, but we have to do that within our budget. And so all of these other things to me fit underneath slowing down the general fund costs. They're all subcomponents to me of the general fund costs because it is going to happen. We are going to have to cut. but they can't be across the board cuts. That just doesn't make sense. And we can't find, I mean, from the department we don't get, and maybe it isn't even possible to get what the cost avoidance is or what we're going to save. Because every time we, I mean, there's a lot of times we'll hear we're going to save money and, you know, three years later it's like, well, how much did we save? We didn't save anything and it grew. The cost grew. So would it have grown by, you know, $60 million instead of only $40 million? I mean, we don't know, but nobody can tell us that kind of information, and I don't know if it's possible to do or not. So, but those are my comments. Thank you.
I appreciate that.
I'll just jump in. I agree with everything that's been said. We do have to figure out how to slow the general fund cost growth. I think we have a lot of different levers. We have to make sure we're protecting the most vulnerable. And I think something that's outside of the scope of this commission, but not outside of the scope of the General Assembly, is that we have to figure out a way to have more people who are not living in poverty, who don't need Medicaid, who can get insurance on our health exchange or through an employer or in other ways. And if we're not looking at that, then in addition to looking at this, then it's going to be a lot harder for us to solve this. And I know the number of people who are eligible for Medicaid hasn't grown, but it also hasn't diminished. And we actually should be trying to shrink people who need Medicaid. And it was meant to be for the most medically fragile, the people who can't work. And I'm all in on the expansion population. I have several relatives who are on that and who need it. But we ought to be able to figure out some ways where they don't, where they're all working, where they can earn more money, where people can afford other things like housing and whatnot. And so not to, you know, blow it up to some ridiculous level, but this is Medicaid exists in a much bigger economic problem that we should also look at.
Rep Taggart, then we'll go to Rep Brown.
Thank you, Summer.
I also look at this and would categorize that there are primary functions here or primary benefits, if you want to put it in those terms, and there are secondary that support those primary benefits. And as an example, drawing down available federal funds, I don't know how much is left there, but it supports bringing down the cost to the general fund. It also supports preserving access to care and health outcomes and values. So I just wish the question was a little bit different of which one would you, which do you believe are the primary benefits or functions and which ones are the secondary that support those primary functions. That would make it easier for me because I agree with the folks that say it's hard to take anything off of this list, but some are more primary than others.
And I appreciate that. And part of this conversation is helping me understand when we get to that decision-making place, how do we frame it and think about it? And how are you all thinking about it so that we can have productive conversation then as opposed to having this conversation three months from now? So I definitely appreciate that. Rick Brown.
I think so. I really appreciate what all of my colleagues have said. Senator Kirkmeyer and I often have spirited debates, and I think actually we're saying very similar things here, which is the reason that I had such a strong reaction to that is because I think the way I see this is like the primary goal of the Medicaid program is probably improving health outcomes and value. I also agree that slowing general fund growth is a key part of that and that improving value in the program is definitely in service of slowing general fund growth. The drawing down of federal funds is in service of those two things, et cetera. So to me, yes, all of these things have to happen and that they serve one another. And I agree with Rep Taggart on that front. So I guess what I'm trying to say is that I think it is better thought of as a nesting exercise perhaps than a prioritization.
Completely fair. Thank you. Any other comments? Okay. Thank you all for indulging in that exercise. Like I said, it is helpful to understand your perspective now as opposed to trying to figure it out two or three months from now. Okay. A couple of just logistical things. Remaining schedule. So before anyone online or in the room gets too excited, we're going to have to change likely the long-term services and supports to early September. So just keep that in mind. We'll try to put out this final schedule by the end of this week. we've got all these different topics especially the next four the delivery payment and operations the financing the long term services and supports meeting nine is going to be what are the things that we have not figured out yet or talked about yet that we need to take into consideration before we start talking about options and recommendations so that's why I said in the beginning the next couple of sessions are probably going to be long late sessions so that, again, you have the data that you need to feel comfortable going into those options and recommendations conversations. My ask from all of you is because you all do have a lot of requests. If you're making a request for a big topic, is there something that we can take off the list, which I know I'm asking you something that's nearly impossible, but trying to be thoughtful around kind of again what is it that you need to feel comfortable making these decisions and recommendations in the fall So that is kind of the framework Every time there a request that comes in I might ask you that to just make sure that we're staying on track. I do have a question around our next meeting. So I sent out the doodle poll. We didn't hear back from everybody, but it looked like the 20th or the 27th. More likely, the 27th was going to be a better date. So I just want to check in and see if that will work for the majority.
I think there's...
I'm sorry, I'll rip around.
Okay. Okay.
Then 27th will be our next meeting. So it will not be the 18th. We'll move the calendar invitation from August 18th to August 27th. We will meet again the following week just as a heads up on September 2nd. So we're going to have two pretty close back to back meetings. We are, HICPF and I are already working hard to make sure we get you those materials well in advance so that you have them and that you're not spending the weekend trying to read a whole new set of materials. Taggart, did you have a question?
Some are not on dates, but there's been something nagging at me since we had this discussion of modeling. I'm concerned if we're trying to get any of what we're working on into the governor's budget that's presented to us on November 1st, I think that's going to get really confusing as to what's in and what's out. I guess I have always envisioned what we're doing here is, I don't want to say we're going to ignore the governor's budget on HICFA and Medicaid, but Barb may disagree with me there. I know, and that's why I'm saying I would much rather this be a standalone that influences the next administration. I just think it gets really confusing and maybe I heard it wrong, but I thought I was starting to hear that maybe some of this would go into the governor's November 1st budget. I just, I think that's going to get really confusing if I heard that properly.
I think my understanding of it, thank you for that. I think my understanding is that hopefully we could try to see if there might be some alignment. But judging from all the comments, I think we know the reality of that. I think we should proceed as we want to and need to, especially knowing there's going to be a new administration that's coming in. That would be my recommendation. We can still keep the other factors in mind. Okay, so our next meeting will be the 27th. That meeting will probably be delivery, payment and operations and then we'll move long-term services and supports to the September 2nd meeting. So just as an FYI we finalize the schedule and get that out by the end of this week Rip Brown did you have a question or comment Okay
I just, I wonder if we could, we want to fit in this BHA conversation. And I don't know what the long-term services and support stay looks like, but maybe if we could put that into that.
Okay, let us see. I'm just going to ask you, is there anything that you would take off the table?
Okay.
I thought that might be the answer, but I was going to ask anyways.
Actually, finance sounds kind of boring. Maybe we could get rid of that.
I think there's some people around the table who's going to get really excited about that conversation. Okay. Before we go into public comment, let me check in and see how did today work for all of you? what would you want to change going forward?
This room is better, agreed. It's cooler today. I had a lot of bills killed in this room. I don't want it. B is bigger and it is a friendlier room to be in, in my humble opinion.
But this building is better.
We'll work that out.
Okay, we can, yes. Anything around how the meetings manage
or anything like that that you would want to see different?
We just want to focus on the super trivial stuff, okay? I appreciate everyone's humor so late in the day. Okay, I think with that, we can move into public comment. Okay. Thank you. Thank you, everybody. Okay, so I have a list of people, about half of whom are here in person and half remotely, so I'm going to call up all the in person. Camille Harding, and just come on up and sit down at the table, and we might have to pull up another chair. We'll just see who's still left. Maureen Welch, Casey Barrett, Daniel Darting, and Betty Lehman. We've got a chair coming for you. Okay. Okay. Well, we'll start here, and then we'll go down the line, and maybe when we get to the last person, we can shift down a little bit. Okay, go ahead. Tell us your name and who you're with. You've been here. You know the drill. I'm Betty Lehman.
Is this on? Okay. Thank you, Madam Chair and members of the Commission. I just want to see, do you all have this handout? Okay, and it just says questions for HICPF. This is called the Nurse Assessor Program. You don have it Can I wait All right I think you can go ahead
We're going to get them. Okay.
There was a program called the Nurse Assessor Program that was started on February 11, 2025, and it ended. It went for a few months. I would like to know how much money was spent on this failed program. It was supposed to be an assessment of home health hours, and because the program failed, they had trained 92-plus people on it, and the day it was supposed to go live, they said, not doing it. It never worked. And so what they did was they had case management do the decisions about home health hours. And I've already testified saying we don't need a resource allocation assessment for people with intellectual and developmental disabilities. We never have. We've probably spent tens of millions of dollars over the last 10 years still trying to develop it. After 10 years, we have an interim program. And I'm just saying we can do the same thing. It's going to fail. It has failed. It's been failing. There's been statutes about it. And the department just holds on to it for no reason that's necessary. Nineteen states operate without a resource allocation assessment. We can too. We could probably save tens of millions of dollars in that way. So I also wanted to just say this. I feel our state is so blessed that Gretchen Hammer decided she would come back to serve. And, you know, I just admire her. The last thing was, and I talk about these things with Director Hammer before I would bring them to you, but there's a problem with the usage on the ABA, and that has gone up multiple levels. And when those statutes were passed for ABA, one was a private insurance, that was mine, we wanted to have an assessment of whether the program was working, the ABA program was working. No, there's no assessment. So we're put good money after bad. I mean, if these children aren't getting any better, why are we continuing to pay? And there's a very easy assessment, a professional assessment that's done with a parent interview, and it's called the Vineland Three. And we use it all the time, and we could use that, and we could probably limit. And so what he's handing out is both the definition of medical necessity, which is a state definition, which can be changed by the state, to make sure that if a program isn't being effective, that we don't continue to throw money at it. And I think that medical necessity does need to be amended to say, we're not doing things that don't work. And so if after a year, two years, three years, there's been no improvement or change for a child who's going through an ABA program, I think that we shouldn't have to pay for that program. And so those were some of the things that I brought in. I also, if I had a second, wanted to talk to Representative Taggart about why the CES waiver is so overutilized. Okay.
And I think maybe you guys could take that offline. Would that be okay?
because your time is up.
Unless he wanted to ask me a question. Well, we're going to get to questions after everybody has their say. Okay. Very good. Okay. Next. Just tell us your name and who you're with, and you have two minutes. And let me just say, I understand this two minutes thing isn't great, but I want to try to enforce it because it makes it fair for everyone, and, you know, some people have really invested a lot to be here today, and I want to make sure that everybody gets a chance to talk. Go ahead. Thank you, Madam Chair and members of the committee.
My name is Camille Harding. I'm the Executive Director of Paragon Behavioral Health Connections, He's one of the newest comprehensive safety net providers in the state. We work in 17 rural communities and all of the metro communities. And I'm not here today on behalf of Paragon. I'm actually here today on behalf of the Person First Behavioral Health Alliance. The People First Behavioral Health Alliance was formed with Effective Today. We've been working on this for six months, give or take, in partnership with Signal and a number of other organizations. And really, I will keep this brief. Our intention is to show up and partner and be effective collaborators with state agencies, both Medicaid and Behavioral Health Administration, CDPHE, and other health-related agencies, and really think about the sustainability of the behavioral health program. We recognize that there's almost $3 billion spent in Colorado on behavioral health services, and that's not a sustainable trajectory for our state. And we are here just to really double down on the fact that we're here to be collaborators. We're here to partner and use our expertise and really support the delivery of behavioral health services in an effective and efficient way. With that, I am going to pass the rest of my time on to Daniel Darby.
Okay, thank you. Thanks, Camille. I believe the committee was provided with a press release that goes into a little bit more detail. So just want to kind of get a little bit to the substance. Thank you, members of the commission for being here for giving of your time and your mind and your commitment to this incredibly important effort that we are engaged in in our state. Thank you for the time to present to you today. I'm here representing the People First Behavioral Health Alliance, as Camille mentioned as well.
It's a coalition of organizations that's forming to come together to work within a larger group that is hopefully coming forward with impactful, vetted, and thoughtful recommendations. Associations traditionally have aligned around their business interests. The founding members of People First Alliance come together from all perspectives, person advocacy, providers, and payers, to work in service of people and not in service of our own trade interests. We hope this fresh approach will be of value to the commission to the state and want to offer our direct help at any point We maintain that we have largely The resources that we need and the investment that is important in our state We just have to be more efficient about how it's being used and I've heard that throughout the conversation today And I'm grateful for that focus. I'm heartened listening to the Commission today the depth of inquiry and and vigorous exchange of ideas is what we need. And we want to engage in that process with all of you. We have experts from a variety of perspectives that would be, I think, of great use to this commission. And we are looking for more to join this alliance so that we can be as impactful together and brush aside the conflict that keeps us from the solutions that we need. There's a lot of important and well-intentioned work that happens in Colorado relating to behavioral health access. but too often we siloing access to care We building programs to serve narrow needs Again well important work that is helping people but we can do better and we can invest more broadly in a system that serves each individual person with what they need when they need it. Again, we as People First Behavioral Health Alliance are ready and stand ready to offer our support. We represent a wide array of perspectives and expertise, and we hope that we are able to engage with this commission at all points, and it's an opportunity to move us forward. Thank you so much for your time and opportunity to share.
Okay. Thank you. You're up.
Hello. My name is Maureen Welch. I live in Littleton in Arapahoe County, and I run an online educational platform for families like mine, aptly named Navigating Disability Colorado, because it's so hard to navigate disability services here in Colorado. I'm a 24-7 disability care manager for my son, and I also give him direct care. He's an adult on the DD waiver. I'm grateful for the leadership of all of you commission members, so thank you for coming here. I know the long, hot days spent in a committee room are not desirable, and you are asking hard questions. I also appreciate Gretchen Hammer, fellow CC Tiger, so go Tigers. And also, I'm a recovering soccer player. I learned that about her today. and the entire department's work. I do think today just really exposed all the complexities of this problem. I don't claim to be an expert or have any big solutions, but I do know that as a person who lives in this world that we have ideas. We have things that we see every day that cost the state money. And I'm concerned that when I open record requested the contract with SHG that there are absolutely no details in that contract about what stakeholder engagement looks like. There's no required meetings. There's no required surveys. There's nothing in there. It's very concerning to me. I did show up for the office hours on Monday. Eight people showed up. And I asked Ms. Gatherhole about the plan for stakeholder engagement and future stakeholders meeting. And her response was, I'm just seeing how it goes. Well, I thought for $200,000 we'd get a little bit more than that. So I'm pretty disappointed. I inquired about the survey design because she said that they were just going to see how the meetings go. and she told me she made it up herself with questions that came up in the meeting. So good surveys need methodology and validation to produce valid data, and I'm concerned that it's hard to get families like me to participate when we don't see that our input's going to come into fruition for anything. So this makes it very hard for me to recommend to my community that they participate because I have no idea what will happen with this data and if it will be skewed and used for other purposes. I'm grateful to live in Colorado for Medicaid and my son. The rest of the nation seems to think it's great, too, because they're moving here many, many dozens every week, and we have a lot of problems to solve. I'm interested in participating, but the stakeholder process is very disappointing.
Okay. Thank you. And then if you guys could just scoot down that way, and then if you want to bring your chair around. You're up, Mr. Barrett. Welcome back.
Thank you. It's good to see all your faces again. My name is Casey Barrett. This is my daughter, Olivia. I am a single father caregiver for her. I think one of the big things that we learned over the last eight years months is crap rolls downhill really fast It started at the governor office and rolled down through every department of government and into families homes real quick And it's come to the point where the policies didn't make sense to us, and we've been screaming it for months. And now we're at a point where the biggest problem isn't the policies themselves. It's that no one can tell us what the rules are. Case management agencies are saying something, HICPF is saying something, provider agencies are saying something different. Families are left trying to navigate a system with no consistent source of truth. We keep getting passed from one office to another, and no one is really taking ownership of providing clear, consistent answers. The exception appeals process has become also a big problem in its very brief implementation. Families have put in requests for an exception on one issue only to have their reviews expanded into unrelated areas, creating new requests, new appeals, and more delays.
The Office of Administrative Courts has already begun telling families that they are backed up in six weeks. Meanwhile, medically fragile children and adults are left waiting for decisions that directly affect their care. Those of us who have spent years jumping through hoops to comply with the system are now asked to jump through more hoops with less support. I don't think we really need to go into what happened with HIGPUF leadership. I think we all are very aware of everything that went on there. But as a family member living with the consequences of those decisions, what has been difficult to understand is why there doesn't appear to have a corresponding view of the policies and implementation plans developed under that leadership. If the confidence in the department's leadership had eroded to that degree, I believe it's reasonable to ask the commission whether these policies and implementation received the level of independent scrutiny that they deserved. These programs were created for families as a major part of the solution. We provide consistent, high-quality care. I respectfully ask the commission to investigate the concerns raised by families months ago why guidance is inconsistent across agencies who's making medical necessity determinations and please don't let families become your last source of information because quite honestly we should have been your first
thank you okay committee members Jeff questions rep tagger thank you just ask
the question and Betty I hate to call you by your first name but that's how I I know you. If you would, I think you've heard my question a couple of times that the demographics versus the growth in the CES program in particular don't align at all, and I'm always left a little mystified as to what's going on here. Well, thank you for your question and your interest in the CES waiver. So CES waiver was a statute I spearheaded when my son was four and he was the first child on the waiver when he was five and there were 18 children. The number of children on there right now is .003 or .03% of the 1.2 million. So it is very rare. They're rare children. They're so seriously disabled. And so but just to keep in mind that even though there this growth when my son was diagnosed with autism and he has 36 conditions but autism he was 1 in 10 And today it's 1 in 31. And so these are the children's extensive support. And these are children who are so dysregulated and so dangerous to themselves and others that they require 24-7 line-of-sight care. So the reason that it's grown is that the population of autism, I mean, from 1 in 10,000 when this waiver was passed to 1 in 31 children, it's just an explosion. Which is why I also wanted to say we shouldn't be handing out Applied Behavioral Analysis, ABA, without having any kind of an evaluation component to see if it's working or not. because if it's not working after a year or two, you know, because that's another place where this explosion of children with autism is affecting our state's resources because that has gone crazy too. So I really wanted to just give you guys that information that we do have a population problem, you know, autism population problems all over the world. It's growing at the same rate. But I think that now that's where we're seeing this is some of these children don't just have autism. They are profoundly disabled and dangerous, and those are the kids in that program. Thank you.
Okay. Any other questions? Senator Kirkmeyer.
Sure. Sir, could you tell us about the exception process? And, you know, because last January so we were told that there was an exception and there really wasn't because they had to get the rules in place. Rules weren't in place until June, July, June. And so, and here it is now August. I'm just curious if you could give us an update or any of you could give us an update from your perspective of how that process is working. And then also are you working with a case management agency for long-term services?
Mr. Barrett.
Mr. Barrett, thanks. Yeah, thanks for your question. Yes, I am working with a case management agency. I can tell you that I've been with them for, I think, three years now, and I have had three different case managers just in a turnover. I personally have not had to do an exception yet. I do have a couple very close friends that have. The one had put in, for one, in their case management agency, was very confused about that and told them that they had to apply for all four at once, which is untrue. They're the ones that had to put their case management back in their place and tell them that, no, I can file for one, and that's fine. So that was kind of a case of where there's confusion, where we didn't understand how that happened. And I do know of one other one directly that filed for an exception. Case management agency fumbled some things, and then when they finally got it filed, the response they got back was a request of information that was completely unrelated to their exception. So they had to now provide, had to ask for an extension of their appeals, and then to provide information regarding the original exception and then the new request of information. So as far as that goes, I've heard a lot of both ways. I've heard directly from agencies where some people have not gotten approvals. Some people have had an easy time, I guess. There were one specific case that I know of, a quadriplegic, who was filing for an exception, and when they got a return was told that they were going to reduce some of their hours and removed their caregivers or the clients time allotted for dressing because apparently they didn't need help getting dressed as a quadriplegic. So there were a lot of things that are coming back that don't make sense from a medical standpoint. I can see from maybe just looking at a piece of paper, it might make more sense, but that's kind of where I was talking about having some medical accountability on some of that stuff because there are needs that are being judged without a qualified medical background to understand what some of those things actually mean.
Can Maureen answer too? Ms. Mulch.
Yes, thank you. And that was a great summary from the medical perspective. I deal with hundreds of families, and what I've experienced is that it feels a bit retaliatory. Exactly what Mr. Barrett said, is that if you ask for one thing, they may look at another, and that creates fear in the community and then the community doesn't ask for the exception. What I've seen is there's a lot of discrimination, in my opinion, in the rule for children under six because they say that it's a normal parental responsibility to have protective oversight. Well, when you have a child who bites, kicks, kicks walls and escapes the home in the middle of the night and the parents have to rotate being next to that child 24 hours a day during sleep and they only allow for five hours a day of protective oversight, And that child also doesn't attend school because they cannot function in school, so they are homeschooled and they have people that come in and give behavioral services in the home. So, yeah, I'm very concerned about the exceptions process. In my opinion, it's completely dysfunctional, the way that they've set up the rules and regs. And I attend every MSB board meeting and give my opinion, too, when they create these rules, so they hear a lot from me. But I do think it needs to be reexamined. And I know that we're not here to nitpick on everything, But I think that that also gives you an example of why parents may not feel comfortable filling out a survey or coming here and speaking at the microphone because it is a very retaliatory culture right now.
Rep. Rom. Thank you, Madam Chair. My question for Mr. Barrett. I know you in your testimony, you said that you're jumping through a lot of hoops. And then every time you go back, it's new hoops. Are these new hoops that have been legislated or just hoops that they haven't told you ahead of time that you need to do? What is it that you're in your experience of trying to get approved for that? Is it just new laws that are coming out that they're telling you, oh, this new law came forward, now you have to do this? Or what is it telling you?
Yeah. You know, right now, just to get on a waiver, you know, you have to go through a process through both a state and an agency. If you go that route, I know some people that do CDOS do it a little differently. But so my agency has a nurse that comes to my house, verifies everything. I meet with the agency, verifies everything. We hear from the agency or the case management every quarter. I mean, I get a monthly email from them, but we physically check in every quarter. We do a six-month review. And then there's the big, huge annual one. And those are kind of like the basic things but like the minimum to maintain and stay on the waiver with the new things that are going on in my case because my daughter is such high needs a lot of what I seeing is similar to what I always been doing, but now it's being applied to every level of disability, and the level of documentation that is now being asked for is, it's not something I'm unwilling to do, but when they want access to my daughter's medical record, which I am okay with. We're talking about thousands and thousands of pages of documentation. And I don't trust that they're going to have somebody that's going to understand it, to be honest with you. The medical records, the home exercise plans, any kind of therapy plans that I have on that stuff, it's all now excess documentation that I never was asked to provide, which again, I'm okay with that. Part of me was kind of wondering like why wasn't it asked for before. But at this point, it has become more, like I said, additional hoops that weren't asked for before, and now it's also being applied to essentially less support.
Thank you for your question. You have a question. Rep. Brown.
Thank you. Mr. Barrett, I really appreciate you being here. It's always good to see you and Olivia. Did you say that you were, I'm just trying to understand, did you say that these are your experiences or that you're carrying experiences of other parents? Just help me understand sort of your testimony today.
I'm sorry. No, that's fine. That's a totally reasonable question. So the one person that – so I have two friends very close that we talk almost every day. We coordinate coming to these things. Some of them have your guys' phone numbers and talk to you guys on the daily. But, yeah, I am sharing two different friends when it comes to the exceptions process right now. As far as, like, what documentation and what we need to now present is my experience right now. I have already had to meet with my provider agency and physically show them skills that I do with my daughter just so they can check boxes, essentially. So it's a mix, to be completely honest. But there are – I'm not getting any stories from, like, Facebook. I'm not – these are direct friends of mine that I would be happy to give you that information if you wanted to speak with them directly.
No, no, that's helpful. I just wanted to understand. I don't doubt what you're saying at all. It does make me very concerned that you are concerned that there would be people reviewing your cases that don't have the appropriate training or medical training that is necessary to the extent to which that we can follow up with the department after this and make sure that they are not having people like me reviewing your cases, right, that would be helpful. And I just always appreciate you bringing your perspective here, and, yeah, thanks for being here.
Yeah, thank you.
Any other questions? I'll just add on a different topic. I'm reading the People First press release. And I will just say that I think this is a direction that we need to go in, that my experience and so many others is a lot of finger pointing between different providers, different levels, different agencies. It's HICPF's fault. It's the RAIS fault. It's the provider's fault. and if we could try to focus on getting to good outcomes instead of who did what to whom And I think that applies in all arenas And so very much appreciate this organization that you're trying to pull together. And then we'll also just add, you know, we, this committee has gotten started in a big hurry. We have done things very fast. We're trying to be very nimble. And if it isn't everything you dreamed about in terms of the way we're operating, we are sorry. But we are doing the best we can. And we are open to feedback and open to making changes. And I think I've heard that from everyone who's involved with this process over and over again. So we'd like to make sure that we're addressing your feedback, but also would ask for some grace in that we are building the plane as we're flying it. So I appreciate you all being here. We have the people who are waiting online to testify, so I'm going to call them up. Mr. Broyles, Ms. Mool, I might have said that wrong, Ms. Brom. And then I have Miss Brahms and Jessica Cooley and Allie Hayes. I see Tamika Brom. If you want to unmute yourself, and you can start your testimony. Tell us who you're with, and you have two minutes.
Hi. Thank you. My name is Tamika Brom. I'm just representing myself and I am one of the people who does feel like it's retaliatory.
Thank you, Casey.
Today I come before the commission and ask that you seek answers on behalf of the members, families, and yourselves. HICPF testified that these changes were intended to streamline processes and improve it for everyone. I can personally attest that it has been anything with streamline. Case management agencies are so overwhelmed that critical deadlines are being missed. Families receiving requests for information on weekends, asking for critical documentation with just two days. That was me. It's unrealistic for families to obtain medical records or provider documentation in that amount of time. Hold on a second. Sorry, my kiddo. When they cannot do the exception is denied. When the member loses medically necessary services, we have case management agencies attempting to add issues to appeals that were never included in the notice of actions. Only when families point out that things are not permitted to be added, they back down and then they say, we'll call you rather than continue this discussion in writing. We have HICPUF conducting what they call, quote, a complementary review of services when we've already had an approved PAR when an exception request is being submitted. Families are seeking one exception suddenly find other requests of services being reduced or requesting to be moved resulting in more appeals and more potential losses of critical services We have HickPuff questioning why a parent would not use a wheelchair as protective oversight despite the fact that they in its own policies prohibit the use of a restraint Therefore, the wheelchair would be considered a restraint. Families are left trying to understand the guidance that appears to conflict with the department's own rules. You have caregivers not being paid. No one seems to have clear, consistent answers. Instead of the responsibilities being navigating the increasingly complex system falls entirely on the caregiver who's already providing round-the-clock care. Rather than simplifying the process, the new implementation has created confusion, delay of service, increased appeals, and overwhelming case management agencies that have placed an even greater burden on families. The people paying the highest prices, though, are the members themselves. They are the ones losing medically necessary services while the caregiver struggled to navigate a system that was supposed to help them. I asked the Commission to demand accountability, seek answers from HICPUF, and ensure the process works as it was intended to for the people that it was created for. Everything I spoke on today has either happened to myself or someone very close to me. I also filed a grievance with our case management agency while I filed it through HICPUF, only for the case management agency to get the information, and then it turns around and feels retaliatory with everything that has happened since.
Okay. Thank you so much for being here. I'm sorry that happened. Next we're going to move to Mr. Ronnie Broyles. Is he there? No Ronnie Broyles. Ms. Victoria Mool, and I apologize if I pronounced that wrong.
it's victoria mal but it's okay everybody gets it wrong okay you go ahead and unmute yourself and
if you want to turn your camera on you can and you have two minutes
can everybody hear me okay yes okay Thank you, Commissioners, for allowing me to speak today. My name is Victoria Mell. I am the founder of Impacted Caregivers of Colorado. I serve on five different committees that include human rights and local cat communities. And you have seen me sit in multiple meetings at the Capitol while having my children in tow. I do all this for free. I don't mind at all. But I come to you today, not as an advocate, but as a very tired parent. I'm going to be frank. I am exhausted. I'm not tired of taking care of my children. I love them, and I want them to grow, and I want them to thrive. I am tired of being held in an imaginary mental prison, waking up every single day terrified of what new decision someone who doesn't live in my home will make for my family and especially for my children. I am completely exhausted by testifying, filling out surveys, attending meetings nonstop when it constantly feels like our cries for human decency are ignored. Instead of enjoying my own children and watching them grow. I spend my time tracking HickPuff memos, listening to MSB meetings, testifying where I can, and hearing the horror stories of Colorado families like my own drowning under the deep cuts and caps voted on this year. I want to be clear, I didn't want to start an organization. I didn't want to spend every waking moment on watching and waiting for the next shoe to drop. I want peace. I want quiet. And I want the freedom to just be a parent and worry about nothing but making sure that my children have the best future I can provide. The decisions that have been made by the governor, Hickpuff, and our legislators are costing my children their future that I have worked so hard. to make sure that they have a chance at, including being here to testify while my son just had tibia amphibia derotational surgery on his leg. And I can't even focus on his recovery because I'm so busy here fighting. I am burnt out and I am tired of a system that wants to constantly attack us. All I ask is that you look at all of these costs of these policies on a human and decent human level. And I would like to know what exactly can the Medicaid Commission do to ensure that our most vulnerable are protected? Do you have any power to do anything at all? Or is this just another hamster wheel fight where we have to continue worrying about what
is next for those that we love the most. Thank you. Thank you so much for being here. It's heartbreaking to hear your story. Next, we're going to go to Leah Brahms.
Hi, can you hear me? Yes. um hi i'm leah brahms thanks for having me and allowing me to speak today um today i want to speak about the impact of policies put forth last session and the current implementation of them my eight-year-old son has a rare genetic condition that causes a myriad of global delays and medical complexities cognitive and developmental delays behavioral challenges kidney disease and multiple related medical complications he is also in the process of an autism diagnosis We are currently going through his Medicaid redetermination, so we are experiencing these changes firsthand since the fiscal year began on 7-1. I am one of the people that Casey mentioned in his testimony. I'm fortunate enough to have an exceptional case manager who is also a supervisor and a dedicated PASA care coordinator. They have supported my son for years and truly understand his needs. Unfortunately, that level of continuity is a very rare thing for most families. During this redetermination, my case manager submitted an exception request for protective oversight. Instead of focusing on that request, HICPUF issued a request for information that expanded into questioning longstanding health maintenance activities that had been part of his approved plan for years. We provided medical records and letters from seven physician specialists and therapists. My case manager also submitted a detailed clinical justification. Yet despite this, someone at HIPPF, who has never met my child and has no clinical credentials to override his providers, questioned medically necessary services. I have since had to obtain additional letters just to repeatedly prove the severity of my son disability This process is exhausting and constantly having to prove my child is disabled is degrading and honestly just cruel There are serious systemic concerns. HICPF policy states that case management supervisors are responsible for approving overage hours on soft caps, yet those same services are being challenged at the state level. That creates confusion about authority and undermines due process, especially when families are told they can only appeal specific parts of a decision. Across Colorado, families are receiving inconsistent guidance from case managers, passes, and HICPF. I spoke with HICPF leadership who acknowledged the appellate courts are drowning, something the caregivers warned would happen. We have seen similar implementation failures before with things like the nurse assessor, and families warned this would happen again. We're still waiting for HICPF's reply, and my son's service plan was supposed to begin on 8-1. This process is overly complex, unsustainable, and puts arbitrary barriers up at every turn. I urge the Commission to ensure clear implementation, consistent authority, and meaningful due process protections. I welcome any and all questions. Thank you.
Thank you so much for being here. Next up, we're going to hear from Jessica Cooley.
Hi, can you hear me? Yes, we can. Okay. My name is Jessica Gouley. I live in Weld County. I am here representing both myself and my family. I was recently widowed and I have four children with disabilities. and I work with Honey Bee Healthcare Collective. We are an advocacy agency trying to help families navigate through complex medical systems and advocating for education, things like that. So today I was asked to sit in on this meeting. this meeting. A couple of things I wanted to touch on just that I heard during the sessions today with regards to making dental optional. I really heavily want to see consideration placed on how much dental affects other health needs just because both our agency and myself have seen a lot of people go through severe health problems that started with dental issues. And I know, you know, and it was all adults. So adults without access to dental care may end up in more severe situations. A case that we recently had with a patient who was fighting for his life with cancer, due to having Medicaid and the stipulations on how long he was allowed to be in the hospital, how long he was allowed to receive certain services led to him constantly being discharged from the hospital without a safe discharge plan. And many times the family would have to call an ambulance less than 24 hours before he was released from the hospital to just then turn around and send him back. And in my opinion, that created extended extra costs because now we're paying the ambulance service Now we paying readmittance the time he spent in the emergency room all those different doctors and providers that go in and out redoing lab work things that should have been part of the discharge or not discharge plan. And he wasn't the only one that
we saw go through things like that. Okay. Thank you so much for being here and for your testimony. Then we have Allie Hayes.
Hey there, can you hear me okay? Yes. Okay, hi guys, my name's Allie. I am the mother of a severely disabled child who relies on home and community-based services to safely remain at home. And in fact, he's, you know, like Betty had mentioned, one of the severely disabled children who is on CES waiver. I'd be lying if I said I didn't hesitate to come here and share and speak today for fear of retaliation, because I am fearful of that, because I am currently preparing for a Medicaid appeal hearing in September after HICPF reduced my son's authorized care hours by approximately half. And this is for a child who has been approved for 24-hour care for years. So our case manager, excuse me, our case management agency completed my son's assessment using the state's assessment tool and determined his level of care and services he requires. Because his authorized hours were high, HICPA flagged this case for additional review. And over the following months, we provided everything that was requested, including five letters from his doctors and documentation from five therapy providers, all supporting the medical necessity of his care and needs. After going through all of that, Hickpuff decided to cut his hours in half. That decision did not reflect his needs identified through the assessment or by his medical team. So I appealed and our court hearing is in September. Now, this is really the part, though, why I wanted to speak today, because I don't think many people realize how this process actually works, because I didn't. Our case management agency who assessed my son and determined his level of care for the past nine years will no longer be in the role of supporting my family through this dispute, this court hearing. Instead, they have to represent Hickpuff's decision to cut his hours. As a parent, I find it very difficult to understand. I'll be representing my son's medical needs and level of care in court while the agency that completed his assessment will be arguing in support of Hickpuff's decision to reduce his services. I'm not criticizing our case management agency. They're following the process that's established, but that's where my concern is where this process provides the, does it provide the transparency and accountability that families deserve? And on top of that, yesterday, while we're preparing for our upcoming appeal, our case management agency completed my son's annual reassessment for services. And once again, they determined that he requires essentially the same level of care, if not more, than we are currently fighting for in court. So I honestly don't understand how the system can repeatedly identify the same level of needs while requiring families to repeatedly defend those same needs through lengthy appeals. So if families are repeatedly forced into appeals over medically needed documents I have to ask whether this process is accomplishing that goal or creating unnecessary costs for both families and the state You know my family is already preparing for one appeal and because of the new cap on ours I will have to do it again come January based on that cap So I respectfully ask that the commission take a close look at the following. Whether the current assessment, authorization, and appeals process is working as intended, how often do assessment findings differ from the final authorizations? And that goes to Casey's point of who is actually reviewing these and going against medically recommended documentation.
I'm going to need you to wrap up.
Yep, yep. Two points and I'm done. So, you know, how often are those families forced to appeal and what do those appeals cost the state?
So thank you for your time. Okay. Thank you so much. And we have a question from Senator Mullica.
I'm not sure if it's so much a question, but thank you, Madam Chair. I just, I want to be on the record, not only as a member of this commission, but chair of the Senate Health Committee. We have now heard testimony multiple times from folks coming before us today around fear of retaliation from the department. We have the director of the department here. And I want to be clear looking at her, looking at the department, that the department has a job to do. But I think that if this is true or if there's any fruition that comes for retaliation on what we're hearing today, there's going to be much bigger issues that we have to deal with. And I think that that is something that I am hoping isn't the case. I'm hoping that it doesn't come to fruition. We can obviously have a process. But if people are being retaliated against, that's a big problem. And so I really want that to be on the record that we can have this process without this fear.
And I hope that that line of communication is open to these folks who are going through the process to make sure that that is clear that there is no retaliation, nor will there ever be any retaliation for appealing any decisions by this department.
Okay. Committee members, are there other questions or comments? All right. I don't see any. I will just add I really appreciate everybody taking the time, and I know that it's especially hard for you all to come and make the time to be here and fit this into your schedule, and it means a lot to this process to hear your voices, and so thank you for being here. Is anybody else in the room who would like to testify? And did we miss anybody online? Okay. With that, the Medicaid Commission is adjourned. Thank you.