The Affordable Care Act and HIV: What are the Implications?

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The Affordable Care Act and HIV: What are the Implications? 2013 National Black AIDS Institute Webinar Series September 18, 2013 Jen Kates, Kaiser Family Foundation

The Challenge Figure 1 30 years into the AIDS Epidemic More than one million living with HIV New 100% infections stable for more than a decade (50,000/year) Majority of new infections among people of color; 44% among Black Americans 82% New infections rising among gay and bisexual men Leading role People with HIV more likely to be low-income, uninsured than U.S. population overall; heavy reliance on Medicaid Most not on treatment Major role, but not leading Yet new science shows Treatment as Prevention (TasP) & Possibility of an AIDS Free Generation

Number of New HIV Infections in the U.S., 1980-2010 Figure 2 130,400 84,800 84,200 64,900 48,700 48,800 58,400 55,300 55,400 53,200 47,500 45,000 47,500 20,000 1980-81 1982-83 1984-85 1986-87 1988-90 1991-93 1994-96 1997-99 2000-02 2003-06 2007 2008 2009 2010 SOURCE: CDC, Special Data Request, April 2013.

The HIV Treatment Cascade in the U.S. Figure 3 100% 2/3 not in regular care 82% 66% Only 33% on ART Only 25% virally suppressed 37% 33% 25% HIV-Infected Diagnosed Linked to Care Retained in Care On ART Virally Suppressed SOURCE: Adapted from CDC "HIV in the United States The Stages of Care" July 2012.

Figure 4 What Will the ACA Mean for Addressing the HIV Epidemic?

Key ACA Provisions for People with HIV Figure 5 Health Care Marketplaces & Consumer Protections Benefit Standards Medicare Fixes Prevention Medicaid Expansion

Health Care Marketplaces & Consumer Protections Figure 6 Health Care Marketplaces & Consumer Protections Elimination of pre-existing conditions exclusions, rate setting End to lifetime & annual coverage limits Dependent coverage to age 26 Medicaid Non-discrimination Medicare protections Benefit Expansion Health insurance Fixes marketplaces Standards (also called exchanges ) in every state with subsidies based on income and choice of health plans; essential health benefits (EHBs); essential community providers (ECPs), which include Ryan White providers To Follow: State decisions on exchanges, plans and provider networks (including ECPs)

State Health Insurance Marketplace Decisions, as of May 28, 2013 Figure 7 WA OR NV CA AK HI MT ND MN ID SD WY IA NE UT* CO KS MO AZ NM OK AR TX LA WI MI IL IN KY TN MS AL VT NY PA OH WV VA NC SC GA FL ME NH MA RI CT NJ DE MD DC State-based Marketplace (16 states and DC) 43% PLWH Partnership Marketplace (7 states) 7% PLWH Default to Federal (27 states) 51% PLWH * In Utah, the federal government will run the marketplace for individuals while the state will run the small business, or SHOP, marketplace. SOURCES: KFF review of state legislation and other exchange documents ; KFF analysis of data from the CDC Atlas.

Benefits Figure 8 Benefit Standards Essential Health Benefits (EHB) - must provide comprehensive set of services across 10 categories, including Rx (and free preventive Medicaid services) Medicare Benefit Expansion EHB required for Fixes plans in individual Standards and small group markets in and outside of marketplaces, Medicaid benchmark and benchmarkequivalent, Basic Health Plan, Alternate benefit Plan But there is still state/plan flexibility in benefits To Follow: EHBs specifics

Medicare Figure 9 Medicare Fixes As of 2011, ADAP prescription expenses count towards True out of pocket costs (TrOOP), to reach catastrophic coverage level for Medicaid drug coverage Medicare Benefit Expansion Closing the Part Fixes D coverage gap Standards for all, starting in 2010 and fully by 2020

Prevention Figure 10 Prevention Prevention & Public Health Fund Free preventive services: USPSTF A and B rated services, including routine HIV screening, must be provided for free in new health Medicaid plans, Medicaid Medicare expansion benefits; Benefit Expansion financial incentive Fixes to provide in Standards traditional Medicaid Additional preventive services for free for women To Follow: State decisions on coverage of routine HIV screening in traditional Medicaid; Will Medicare cover routine HIV screening

Medicaid Figure 11 Medicaid Expansion In 2014, Medicaid eligibility expanded to nearly all low-income individuals (state option as of 2010): Eliminates Catch-22 for people with HIV, sets floor of eligibility Supreme Court decision effectively makes this a state option Medicaid Today, Medicaid Medicare coverage of childless, Benefit nondisabled adults Fixes very limited; without Standards Expansion mandatory expansion, will lead to new coverage gap, uneven access Note: other Medicaid provisions include Medicaid health home option To Follow: State decisions on expansion; benefits package for expansion population; Use of Medicaid for premium assistance in marketplace in non-expansion states?

Current Medicaid Coverage of Low-Income Adults is Limited Figure 12 WA OR* CA NV ID UT* AZ MT WY CO NM ND SD NE KS OK MN IA WI MO* AR IL MS MI IN TN AL KY OH WV GA SC PA VT* VA NC NY ME NH MA RI CT NJ NJ DE MD DC AK TX LA FL HI Medicaid Benefits (9 states, including DC) 22% PLWH More Limited than Medicaid (16 states) 30% PLWH No Coverage (26 states) 48% PLWH Closed = enrollment closed to new applicants NOTE: MN /VT also offer waiver coverage more limited than Medicaid. OR/UT also offer premium assistance with open enrollment. IL/ LA/MO offer coverage for adults residing in a single county/area. SOURCES: KCMU/Georgetown University, survey of states, as of January 2013. KFF Analysis of data from the CDC Atlas

Figure 13 Just Over Half of People with HIV are in States that Plan to Expand Medicaid; Almost 4 in 10 are not WA VT ME MT ND NH MN OR WI NY MA ID SD MI RI WY CT PA IA NJ NE OH DE NV IL IN MD UT WV VA CO KS MO KY DC CA NC TN OK SC AZ AR NM 1 MS AL GA TX LA AK FL HI Moving Forward at this Time (25 States including DC) 55% PLWH Debate Ongoing (4 States) 8% PLWH Not Moving Forward at this Time (22 States) 38% PLWH NOTE: As of September 3, 2013 SOURCES: KCMU analysis of recent news reports, executive activity and legislative activity in states. KFF analysis of data from the CDC Atlas.

The Future? Figure 14

Expand Access to Care and Treatment Coverage Figure 15 100% 82% 66% 37% 33% 25% HIV-Infected Diagnosed Linked to Care Retained in Care On ART Virally Suppressed SOURCE: Adapted from CDC "HIV in the United States The Stages of Care" July 2012.

Reduce New Infections Figure 16 SOURCE: CDC, Special Data Request, April 2013.