Thursday, November 29, 2012

Tribal consultation with CMS November 27,2012


Quick Summary

                                                                   

CMS -             Kitty Marx, Robert Nelb,  

IHS-     Richie Grinnell,

Tribes in attendance:

Ohkay Owingeh, Kewa, Zia, Isleta, Taos, Santa Clara, Santa Ana, Acoma, Cotichi, Laguna, Nambe, Zuni, Ramah (Navajo), Jicarllia Apache, Ute (Southern)

After introductions of Federal representatives and Tribal Leaders and representatives, CMS gave an over view of Centennial Care as they understand it, given the information from the NM HSD. A power point hand out was provided ( for a copy of the materials presented contact Robert Nelb Robert.nelb@cms.hhs.gov)  no new information was presented that hasn’t already been identified in the Centennial Care Waiver as submitted on August 17, 2012.

After the presentation by CMS Tribal Leaders voiced their concerns and many had the common message.  As is, with relation to Tribes, we oppose NM s 1115 Research and Demonstration Medicaid Waiver “Centennial Care” for the following reasons:

·         Complete Lack of Meaningful Tribal Consultation between the State of NM and Tribes.

·         Mandatory Enrollment of All Native Americans in to Managed Care Organizations (MCO)

            Through the Indian Health Care Improvement Act (IHCIA) Native Americans are protected being mandatorily enrolled into Managed Care Programs

·         Elimination of the “Opt in” ability for Eligible enrolled Native Americans in the Medicaid Program

            Native Americans have had this option since the institution of the Salud Program in NM   

            And many other Tribes in other states including tribes in AZ and Kansas have similar         provisions in their states Medicaid program

·         Elimination of the Fee for Service Component from the Medicaid program for Native American Population

            The fee for service program is utilized and preferred by Tribal Programs and IHS when    billing for Medicaid Services, because of prompt payments.  The Fee for service program   is going to remain intact for undocumented immigrants in the State of NM

·         Elimination of the Prior Quarter Coverage “presumptive eligibility” for Medicaid Enrollment

            The elimination of this provision will greatly affect Tribal health program and IHS   budgets that rely Medicaid reimbursements.

·         Any individual Native American enrollee cost sharing or Tribal program/facility cost Sharing Native Americans are protected from cost sharing through provisions in the PPACA and the IHCIA

Other topics included MCO RFP approval/disapproval, MCO relations, MCO RFP Timeline, Contracting, direct reimbursement to Tribes from HHS/CMS, Outreach, care coordination, Tribal Health data( Health outcomes, disparities) Tribal Sovereignty.

 

After the Lunch Break CMS asked Tribal Leaders for specific details of the Waiver they would be willing to discuss.  The Tribes elected to Caucus independent of the audience and government representatives.

It was decided that,

·         The Tribes oppose the Centennial Care Waiver as it is currently written and submitted, though not the entire document there are portions and provision within the waiver that the Tribes agree on.

·         The issues stated above are the points of contention, unless the Waiver is altered to include these points NM Tribes (present at the Consultation Session) ask CMS to disapprove of the Waiver on behalf of the NM Tribes.

·         Tribes are willing to discuss Details of the waiver but not at this time due to the main points above and time constraints, CMS agreed and are open to many more consultations sessions.

·         Tribes present agree that the Waiver has many flaws and would like to see it stopped but it is not the job of the tribes to “fix” the Waiver for the State. The Waiver will have a negative effect on rural NM communities, but Tribes cannot make a  decision for the non-Tribal population of NM  

CMS did extend an invitation to any tribal leader attending the Tribal celebration in Washington DC, on December 6, 2012 to meet with Cindy Mann Director of CMS, who will be the person with the final say in the approval of the Waiver.

CMS will be meeting with NM HSD personnel on December 17, in Baltimore MD, to discuss the Waiver and this tribal consultation.                                                                                                     

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