Lawmakers Try Again on Medicare End-of-Life Planning Benefit

News September 27, 2022 at 10:50 AM
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Members of Congress hope to sell more Medicare enrollees on the idea of getting help with end-of-life planning — but they have not included financial planners, long-term care insurance agents or other financial professionals on the list of providers who can bill Medicare for delivering the planning services.

Sens. Mark Warner, D-Va., and Susan Collins, R-Maine, joined to introduce S. 4873, the Improving Access to Advance Care Planning Act bill, earlier this month.

Rep. Earl Blumenauer, D-Ore., is introducing a similar bill, H.R. 8840, in the House.

The bills would pay for the kinds of discussions about care and legal documents that tend to occur around the end of a patient's life.

What It Means

Blumenauer said when he introduced H.R. 8840 that expanding the use of advance care planning is a good way to improve the quality of end-of-life care while lowering the cost.

"When more than 90% of health care expenditures are spent on treating chronic conditions, it's clear that we shouldn't spend money on unwanted care and instead empower patients and families to think about these decisions before it's too late," Blumenauer said.

The Context

Blumenauer, Warner and Collins have all been sponsoring and co-sponsoring end-of-life planning legislation since 2009, and Blumenauer came close to getting an advance care planning provision included in the Affordable Care Act.

Opponents blocked that by accusing supporters of the provision of favoring "death panels."

The Medicare Part B outpatient and physician services program began covering end-of-life planning in 2016.

Researchers reported last year that, in 2017, fewer than 3% of fee-for-service Medicare enrollees, and fewer than 8% of the fee-for-service Medicare enrollees who died within the calendar year, had used the end-of-life planning benefit.

The current benefit pays 100% of the cost of planning that takes place during an annual wellness visit checkup, but it covers only 80% of the cost of advance care planning that takes place at other times.

That means a patient with "original Medicare" who has no Medicare supplement insurance, or who has not yet exhausted the deductible, might have to pay some cash out of pocket for advance planning session.

Expanding Advance Care Planning

At press time, the text of H.R. 8840 was not yet available.

S. 4873 would eliminate cost-sharing payments for Medicare enrollees who participate in stand-alone advance care planning sessions.

The bill would also extend the list of professionals who can bill Medicare for end-of-life planning services to include clinical social workers with relevant care planning conversations, or who have experience with providing care planning services.

The effective date would be Jan. 1, 2023.

The bill directs the secretary of the U.S. Department of Health and Human Services to reach out to physicians and non-physician practitioners to let them know about the advance care planning benefit.

The sponsors have lined up two co-sponsors in the Senate: Sens. Tammy Baldwin, D-Wis, and Amy Klobuchar, D-Minn.

A version of the bill Blumenauer introduced in 2017 attracted 22 Democratic co-sponsors and nine Republican co-sponsors.

Financial Professionals

S. 4873 does not mention any kinds of financial planners or advisors.

Many providers of long-term care insurance life-LTC or annuity-LTC hybrids have encouraged long-term care planners to talk about end-of-life planning, and the kinds of documents associated with end-of-life planning, with clients.

About a year ago, for example, OneAmerica sponsored a National Association of Insurance and Financial Advisors webinar that featured Dr. Monica Williams, the medical director for advance care planning and end-of-life education at a hospital system.

NAIFA suggested that advance care planners can be potential partners for advisors, and that long-term care planners and advance care planners face similar barriers to starting difficult conversations.

The Financial Planning Association offers discussions of some of the documents used in advance care planning, such as advance directives, in a number of courses.

Pictured: Rep. Earl Blumenauer, D-Ore. (Photo: Blumenauer)

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