Medicare prescription drug coverage

The new prescription drug benefit added to the federal Medicare program, known as Medicare Part D. The prescription drug coverage will begin on January 1, 2006.

Centers for Medicare and Medicaid Services (CMS)

The federal agency that runs the Medicare program, including the Medicare Prescription Drug Benefit program. In addition, CMS works with the States to run the Medicaid program.

Medicare

The federal health insurance program for: people 65 years of age or older; certain younger people with disabilities; and people of any age with end-stage renal disease (permanent kidney failure with dialysis or a transplant), sometimes called ESRD. Part A pays for hospital care, Part B pays for doctor visits, Part C includes the managed care option, and Part D is the new prescription drug benefit.

Prescription Drug Plan (PDP)

A private insurance plan that offers coverage for prescription drugs under Medicare, also known as a Medicare prescription drug plan.

Premium

Regular monthly payment made to a health or prescription drug plan by beneficiaries for health care coverage. The lowest average premium for a Medicare prescription drug plan is expected to be about $32.

Medicare Advantage Perscription Drug Plan (MA-PD)

The Part D prescription drug plan that will be offered to enrollees in a Medicare Advantage managed care plan.

Limited Income

Under Medicare, limited income refers to income below 150% of the Federal Poverty Level. In 2005, the year Medicare prescription drug benefit goes into effect, this is equal to a yearly income of $14,355 for an individual and $19,245 for a couple, with other resources of no more than $11,500 for an individual and $23,000 for a couple.

Extra Help

The name that has been given to the low-income subsidy program for Medicare Part D. Extra Help will pay for part or all of the Medicare prescription drug premiums for Medicare beneficiaries who have incomes below 135% of the Federal Poverty Level (FPL) (including dual eligibles) and part of the premium for those who have incomes between 135% and 150 % of the FPL. The benefit will protect beneficiaries under 150 % of the FPL from the gap in coverage referred to as the "doughnut hole." Dual eligibles will get this benefit without applying. All others will need to apply for Extra Help.

Dual eligible (or duals)

A person who is eligible for both Medicare and Medicaid. CMS will automatically enroll dual eligibles in low-premium PDPs. If they choose to stay in a low-premium PDP, dual eligibles’ only cost for drugs will be a $1 co-pay for generic drugs and a $3 co-pay for brand-name drugs.

Supplemental Security Income (SSI)

A program to help aged, blind, and/or disabled people who have little or no income pay for basic needs such as food, clothing, and shelter.

Medicare Savings Plan

Medicaid programs that help pay for some or all of Medicare premiums and deductibles.

Partial dual eligible

Low-income individuals with Medicare, including Qualified Medicare Beneficiaries (QMB), Specified Low-Income Medicare Beneficiaries (SLMB), and Qualifying Individuals (QI), as well as Supplemental Security Income (SSI) recipients and individuals with Medicare Savings Plans. These individuals will have facilitated enrollment by CMS into prescription drug plans and will receive financial help with the costs of Medicare Part D.

Auto-enrollment

The process by which CMS will randomly assign individuals with both Medicare and Medicaid (dual eligibles) into prescription drug plans (PDPs).

Formulary

A list of medications that a prescription drug plan covers (prior authorization by the Medicare prescription drug plan may be required).

Deductible

A flat dollar amount a person must pay before Medicare will pay for prescription drugs costs. The standard yearly deductible for Medicare patients who don’t have a low-income subsidy is $250.

Co-payment

A dollar amount that a person must pay out-of-pocket for a medication or other health service. For example, a PDP may ask for a $3 co-payment for each generic prescription and $5 for brand name prescriptions. Co-pays may be further tiered by PDPs to discourage use of more expensive drugs.

Spend down

This option allows a person to spend down to Medicaid eligibility by having medical expenses that can be subtracted from their income. Subtracting medical expenses such as prescription drugs and eye glasses from your income can reduce a person’s income to a level below the maximum allowed by a particular state’s Medicaid plan.

Medigap Policy

A Medicare supplement insurance policy sold by private insurance companies to fill "gaps" in original Medicare coverage.

Medicaid

A joint federal and state program that provides medical coverage for people with low incomes and limited resources. Medicaid programs vary from state to state.

Qualified Medicare Beneficiary (QMB)

A person with an income equal to or below 100% of the Federal Poverty Level and limited financial resources who receives some assistance with Medicare costs but is not on Medicaid.

Qualified Individual (QI)

A person with an income between 120% and 135% of the Federal Poverty Level (FPL) and limited financial resources who receives some assistance with Medicare costs but is not on Medicaid.

Qualified Medicare Beneficiary (QMB)

A person with an income equal to or below 100% of the Federal Poverty Level and limited financial resources who receives some assistance with Medicare costs but is not on Medicaid.

Specefied Low-income Medicare Beneficiary (SLMB)

A person with an income between 100% and 120% of the Federal Poverty Level and limited financial resources who receives some assistance with Medicare costs but is not on Medicaid.

Prior authorization

Specific drugs on a formulary may require that the physician seek approval from the prescription drug plan (PDP) before the prescription can be filled.

Fail first

(Also known as "step therapy") This requires that a patient fail on one or more preferred formulary drugs—generally lower price, or generic drugs—before a prescription will be filled for the non-preferred drug a physician has determined would be most appropriate/effective for the patient.

Step therapy

(Also known as "fail first") This requires that a patient fail on one or more preferred formulary drugs—generally lower price, or generic drugs—before a prescription will be filled for the non-preferred drug a physician has determined would be most appropriate/effective for the patient.

True Out-of-Pocket Costs (TrOOP)

The government will pay most (or in some cases, all) of your drug costs for the rest of the year, once you pay $3,600 in out-of-pocket expenses (this amount may increase on a yearly basis and does not include premium payments). Out-of-pocket costs include all prescription drug costs paid by you or another person or organization, including the government (for example, Extra Help), State Pharmaceutical Assistance Programs (SPAPs), registered charities, and pharmaceutical manufacturer patient assistance programs. The out-of-pocket costs include payment of the deductible, co-insurance, co-payments, and medication costs that are not covered by other insurance. These costs do not include expenses paid by the individual with Medicare prescription drug coverage for medications that are not on a plan’s covered list of drugs or for medications excluded from the Medicare prescription drug benefit.

Coverage Determination

A written notice from the Medicare prescription drug plan informing the patient that they will or will not cover a prescribed medication.

Exception

The first phase of the appeals process; a formal decision by a Medicare prescription drug plan to cover a medication not on its formulary, or to reduce a co-payment for a drug not on the PDP’s preferred list. If the plan does not approve the exception, the appeals process can continue.

Medicare Appeals Council (MAC)

The fifth stage of the Medicare prescription drug benefit appeals process is conducted by the Medicare Appeals Council (part of the Centers of Medicare and Medicaid Services), after an Administrative Law Judge (ALJ) has denied a request to cover a medication.

Low-income subsidy (LIS)

(Also known as Extra Help) A program that will pay for part or all of the Medicare prescription drug premiums for Medicare beneficiaries who have incomes below 135% of the federal poverty level (FPL) (including dual eligibles) and part of the premium for those who have incomes between 135% and 150% of the FPL. Dual eligibles will get this benefit without applying. All others will need to apply.

Federal poverty level (FPL)

The FPL serves as one of the indicators for determining eligibility in a wide variety of federal and state programs.

Reconsideration

The third stage of the appeals process; after a redetermination has been denied. This stage of the appeals process is conducted by an Independent Review Entity (IRE).

Non-formulary drugs

Drugs not on a prescription drug plan (PDP) approved list.

Medically Necessary

Medical services or supplies that: are proper and needed for the diagnosis or treatment of a patient’s medical condition; are provided for the diagnosis, direct care, and treatment of a patient’s medical condition; meet the standards of good medical practice in the area; and are not chosen mainly for the convenience of the patient or doctor.

Beneficiary

Someone who has Medicare prescription drug coverage. (See also: dual eligible.)

Social Security Administration (SSA)

The federal government agency that administers and enrolls Medicare beneficiaries into the low-income subsidy program, Extra Help.

Patient Costs

Costs for the Medicare prescription benefit will vary from plan to plan.  Those individuals who are eligible for both Medicare and Medicaid (dual eligibles) will be automatically enrolled in low-premium prescription drug plans, and their premiums and deductibles will be waived. It is important to note, however, that under the new Medicare prescription drug benefit, dual eligibles will be required to pay small co-pays, something they are not required to do under Medicaid. Other beneficiaries who are eligible for low-income subsidies, or what Medicare is calling Extra Help, may receive similar waivers.  For all other people with Medicare who voluntarily enroll in the Medicare prescription drug plans, the costs will include premiums and deductibles, as well as co-pays for drugs.

Questions Answered

NEW Can Community Mental Health Centers pay co-pay or premiums? What are the regulations around this practice?

Community Mental Health Centers should be able to help pay for co-payments, deductibles and premiums.  However, Medicaid cannot pay for these wraparound payments and these payments would probably not count towards an individual's True Out of Pocket Costs (TROOP).

Here is the CMS response to questions about what organizations can pay for out of pocket costs:

Out-of-pocket spending consists of costs related to the $250 deductible, the 25 percent beneficiary co-insurance (or equivalent co-pays) up to the initial coverage limit, 100 percent co-insurance during the coverage gap, and the roughly 5 percent co-insurance paid in the catastrophic coverage. By law, only cost-sharing paid by certain sources counts toward the drug benefit’s out-of-pocket limit, which defines the start of the catastrophic coverage. These sources include:

  • The enrollee (or another person on behalf of the enrollee)
  • CMS (on behalf of a low-income enrollee who qualifies for low-income subsidies), and
  • A State Pharmaceutical Assistance Program (SPAP)

In the final rule, we define “person” (first bullet, above) in the legal sense of the word, to include unrelated corporations, so charities that are not connected to insurers or the beneficiary’s employer could have a role in helping beneficiaries with their out-of-pocket costs. Therefore, our broad definition of the term “person” captures not only “bona fide” charities, but other charitable organizations as well. Thus, even if a charity is not a bona fide charity for purposes of Federal fraud and abuse law, any drug payments it makes on behalf of Part D enrollees would count toward True out-of-pocket costs (TrOOP) unless otherwise excluded as payments by a group health plan, insurance or otherwise, or similar third party payment arrangement. Charities that are established, maintained, or otherwise controlled by an employer or union will likely fall under our definition of “group health plan” and will therefore be excluded from TrOOP on this basis.

The rule also outlines specific insurance and government programs that will not count toward the out-of-pocket limit. These include cost-sharing obligations subsidized in whole or in part by employers, other insurers, and government programs (for example, the Indian Health Service (IHS), Department of Veterans Affairs (VA), Department of Labor Federal Workers’ Compensation Program, Federally Qualified Health Centers (FQHCs); Medicaid; the State Children’s Health Insurance Program (SCHIP); black lung benefits; Ryan White CARE Act funds; and State special funds that assist certain individuals with their medical costs). Congress chose to distinguish between payers of out-of-pocket costs in order to encourage current employers, other insurers, and government programs to continue offering prescription drug coverage when the Medicare drug benefit begins.

NEW For individuals caring for elderly parents or other dependents (other than spouse or children), do the federal poverty levels change? How are dependents defined?

The poverty level guidelines change by the number of people in your household, including dependents such as spouse, children, and elderly parents.  Here are the 2005 federal poverty income levels:

2005 HHS Poverty Guidelines


Persons in
Family Unit
48 Contiguous
States and D.C.
Alaska Hawaii

1

$ 9,570

$11,950

$11,010

2

12,830

16,030

14,760

3

16,090

20,110

18,510

4

19,350

24,190

22,260

5

22,610

28,270

26,010

6

25,870

32,350

29,760

7

29,130

36,430

33,510

8

32,390

40,510

37,260

For each additional
person, add

 3,260

 4,080

 3,750

SOURCEFederal Register, Vol. 70, No. 33, February 18, 2005, pp. 8373-8375.

For the Medicare prescription drug benefit, you will qualify for extra help at 150% of the federal poverty level and for additional help at 135% of the federal poverty level.  Do remember that the Medicare prescription drug benefit also has an asset test, which significantly limits the number of people who can qualify for extra help.

Claiming a Dependent
You may claim a personal exemption for yourself and for your dependents, and this will impact the number of people in your household for purposes of calculating whether you qualify for extra help under the Medicare prescription drug benefit. You are entitled to claim a person as a dependent, if that person:
  1. is your relative (if he/she is your immediate relative, he/she does not have to live with you),
  2. earns less than $3,100 (or is a full-time student and under age 24),
  3. receives over half of his or her support from you,
  4. is a citizen or resident alien of the United States, Canada, or Mexico, and
  5. does not file a joint return with his or her spouse.
For more detailed information, go to:
http://taxes.about.com/od/taxglossary/a/Dependents.htm#

NEW Does an individual’s premium payment, if paid out-of-pocket, count toward the TrOOP calculation for catastrophic coverage?

No, only out of pocket payments for the cost of medications count.

How much will the Medicare prescription drug benefit cost my patients who do not qualify for low-income subsidies?

  • Premium:
    • The individual will pay a monthly premium, which will vary depending on the plan chosen, but is projected to average about $30/month.
  • Deductible:
    • The individual will pay a deductible of $250/year for prescriptions.
  • Other prescription drug costs:
    • After reaching the deductible, the patient will pay 25% of the total cost of his or her drugs from $250-$2,250 per year.  (At this point, the patient will have paid $750 in out of pocket expenditures, not including the premium cost).
    • After drug costs reach $2,251, the patient will pay for 100% of prescription drug costs until total drug costs reach $5,100/year.  (At this point, the patient will have paid $3,600 out of pocket, not including the premium cost).
    • After drug costs reach $5,101 in one year, the patient will pay 5% of any remaining drug costs.

How much will the Medicare prescription drug program cost my low-income patients?

An individual may qualify for Extra Help if his or her income is less than 150% of the Federal Poverty Level (FPL).  This is equivalent to $14,355 for an individual and $19,245 for a married couple living together, with assets under $11,500 for an individual and $23,000 for a married couple living together.

Primary homes, cars, and personal possessions are not counted as assets, while most other real estate, bank accounts, and stocks and bonds are counted.

The Social Security Administration (SSA) sent letters to individuals who may be eligible for additional assistance during the summer of 2005.

What groups of patients qualify to receive financial assistance with Part D?

People with Medicare who have incomes between 135% and 150% of FPL

  • Equal to income between $12,919 and $14,355 for an individual and between $17,320 and $19,245 for a couple; and assets between $7,500 and $11,500 for an individual and between $17,320 and $23,000 for a couple.
  • There will be a monthly premium calculated on a sliding scale and a $50 deductible. 
  • They will pay 15% of total drug costs as co-pays. 
  • Once their total out of pocket spending reaches $3,600, they will have co-pays of $2/generic and $5/brand-name.

People with Medicare who have incomes under 135% of FPL

  • Equal to income below $12,919 for an individual and below $17,320 for a couple; and assets below $7,500 for an individual and below $12,000 for a couple. 
  • There will be no premium or deductible, and their co-pays will be $2/generic and $5/brand-name. 
  • No co-pays if in an institution such as a nursing home
  • No co-pays once out-of-pocket costs reach $3,600/year.

People with both Medicare and Medicaid (Dual Eligibles)

  • Dual eligibles automatically qualify for financial assistance.  Their prescription drug coverage will switch from Medicaid to Medicare on January 1, 2006.  CMS will automatically enroll these patients into a Medicare Part D prescription drug plan in the fall of 2005. 
  • For dual eligibles, there will be no premiums or deductibles, and their co-pays are set at $1/generic drug and $3/brand-name drug. 
    • No co-pays if in lont term care facility such as a nursing home
    • No co-pays once out-of-pocket costs reach $3,600/year

The following chart outlines the basic costs of the program for different populations of Medicare beneficiaries.

Income Levels of Medicare beneficiaries

People with incomes over 150% of Federal Poverty Level (FPL)

People with incomes between 135% and 150% of FPL

People with incomes under 135% of FPL

People with both Medicare and Medicaid (Dual Eligibles)

Monthly Premium

About $30 per month

Sliding scale

None

None

Annual Deductible (person pays full costs of drugs until deductible is met)

$250

$50

None

None

Co-payment/Co-insurance (for drug costs up to $2,250 annually)

25% of drug costs after deductible is met

15% of drug costs after deductible is met

$2-$5 co-pays

$1 generics
$3 brand names

Doughnut Hole (for drug costs between $2,250 and $5,100 annually)

100% of drug costs

No costs

No costs

No costs

Catastrophic Coverage (for drug costs over $5,100)

5% or co-pays of $2-$5 (whichever is more)

Co-pays of
$2-$5

No costs

No costs

 

Current as of 12-27-2005

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