Four Proposals Compared

 

Murphy Bill

MCAC Proposal

Olasz Bills

PMS Proposal

Access & choice Prohibits gag clauses & provider disincentives for care; benefits must be accessible to all enrollees; ensures continuity of care in case of provider termination from network; requires point of service option Broadens definition of primary care physician; allows sub-contracting with non-participating specialists; prohibits gag clauses & disincentives for specialty referrals Any willing health care provider; Any will pharmacy provider Due process protections for network exclusions; specialty & geographic distribution of physicians must provide adequate access to care; out-of-network coverage for emergencies & when care is not available in-network; prohibits gag clauses
ER coverage Subject to prudent layperson standard Subject to prudent layperson standard   Subject to prudent layperson standard
Reporting   Requires reports on cost-effectiveness, quality and solvency of MCOs   Requires reports on network exclusions and utilization review plans and utilization
Confidentiality All patient information must remain completely confidential      
Marketing Prospective & current enrollees must be notified in writing of coverage limits and of any changes Must provide specified information to consumers; marketing practices reviewed by Health Dept. or DPW Notice of coverage provided by insurer must be provided to potential & current enrollees Uniform disclosure form
Utilization Review Health care decisions must be determined by licensed medical provider Necessity or appropriateness of care can only be overturned by a licensed professional in same profession and specialty as original provider; 24-hour telephone access   Pa-licensed physicians who are in active practice and in specialty that performs care have responsibility for any final denials of coverage; mandatory certification of UROs
Non-
Discrimination
  Bans discrimination against groups and denial of coverage mandated by civil or criminal courts   Prohibition against network exclusions of physicians who treat high severity patients
MA managed care   DPW to ensure that MCOs use excess revenues to reduce payments or increase services   Entitled to same safeguards as required for general population
Ombudsman   Under contract with Office of Consumer Advocate to investigate provider and patient complaints   UR, network exclusions and disclosures overseen by Health and Insurance departments
Grievance procedures Timely grievance process within MCO with final appeal reaching objective third party Requires timely response to grievances; decisions may be appealed to Health Dept. or through arbitration HMOs must publish & distribute grievance procedures; Health Dept. toll-free number for consumer complaints Patients entitled to participate in UR appeals
Cost Containment     85% to 90% of premiums must go toward health care; HMOs must share practice profiles with participating providers  

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