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8 Key Questions Vermont Businesses Should Ask Now to Get Prepared for the New State Health Exchange in October 2013

The health care system in Vermont is poised for a major overhaul in 2013, as health insurance shifts from a predominately employment-based system to a health care exchange-based system that is not tied to employment.   While we will not know exactly how such a system will be financed until the legislature begins considering that issue in January of 2013, we do know that changes are coming. You do not need to wait to see how that debate turns out to start preparing for the changes that Vermont’s health care reform will bring to your business and employees.

We have previously addressed some of the fundamental issues business owners need to understand about the new system  – including among others, what an exchange is, and  some of the tax benefits available to businesses and individuals and families  under the new system.

If you have a business in Vermont, whether or not you currently offer health insurance to your employees, you will need to ask yourself some fundamental questions to prepare for the advent of the health insurance exchange next fall.  You may decide not to offer health insurance, but to make the right choice for your business, it is vital to understand a few key issues.

In this post, we touch on some of the key issues that will determine if, and how, such an exchange may apply to your business.  Here are 8 questions to ask to better understand how your business will be classified under the new system.

 1.       Am I a Small Business?

You are a small business if you employed an average of 50 or fewer full time employees during the preceding calendar year.   Employers with up to 50 employees will have to buy health insurance on the exchange, called Vermont Health Connect, if they intend to offer health insurance to their employees.  Vermont Health Connect will be the only place small businesses and individuals will be able to purchase health insurance – no other market will exist for these two groups.

Self-employed persons are considered to be small businesses.

Starting in 2016, small employers will be defined as having 100 or fewer employees, on average, during the preceding calendar year.   At that point, employers employing 100 or fewer people will have to buy health insurance on Vermont Health Connect.

Starting in 2017, all employers, regardless of size, will be required to buy health insurance on Vermont Health Connect.

2.  How many employees do I have?

The “50 or fewer” employee trigger for purchasing health insurance on Vermont Health Connect means the employer had a least one and no more than 50 full-time employees on at least 50% of the working days in the preceding calendar year.  A full-time employee in this case is defined as an employee who works 30 or more hours per week.  Part-time employees, therefore, are not counted in the “50 or fewer” tabulation.

Vermont Health Connect will be providing an employee calculator to help employers figure out their size.  The Vermont Health Connect website is found here.

3.       Are owners of small businesses considered employees?

Yes, as long as they work on average at least 30 hours per week.

4.       What is the relevant time period for determining the number of employees? 

You count the number of employees you employed the previous calendar year.  You must have employed 50 or fewer full-time employees for at least half of the working days during the previous year. Vermont Health Connect will begin to operate in October 2013, so presumably business owners will be looking back to the total number of full-time employees in 2012.

5.       If I grow to over 50 employees after I’ve bought on the exchange, what happens? 

Nothing.  Once you are buying through Vermont Health Connect and you exceed 50 full-time employees, nothing happens.  Even if your business grows, you will not get kicked out of the exchange as long as you continue to offer your employees health insurance through the exchange.  Remember, the size limits are temporary only, so starting in 2017, regardless of your size, if your business offers health insurance to its employees, it will have to offer health insurance through the exchange.

6.       What if I am a Vermont employer with workers who live in multiple states?

If you have 50 or fewer full-time employees, you may offer health insurance to all your employees through Vermont Health Connect.   It does not matter where your employees live and work as long as you are a “qualified employer” under Vermont’s health reform law.  From 2013 through 2015, you are a “qualified employer” if you employed, on average, 50 or fewer employees during the preceding calendar year, your principal place of business is in Vermont, and you elect to provide coverage of your employees through Vermont Health Connect, regardless of where the employee resides.

Starting in 2016, the size of qualified employers will increase to employers with 100 or fewer employees, and in 2017, size will no longer matter.

7.       What if I am a Vermont employer with worksites outside Vermont?

The answer is the same as above.  The definition of “qualified employer” includes employers that have a principal place of business in Vermont and elect to provide coverage to their full-time employees through the exchange.  So, you can offer coverage through Vermont Health Connect to all your full-time employees regardless of whether they work in Vermont or at one of your out-of-state sites.

8.       What if I am an employer from outside Vermont with Vermont facilities? 

Your business may still elect to provide coverage through the Vermont health benefit exchange for all of your full-time employees who are principally employed in this state.  The definition of “qualified employer” includes out-of-state companies who meet the size requirements (50 or fewer full-time employees starting in 2013) and choose to offer health insurance through Vermont Health Connect to their full-time employees who are principally employed in Vermont.

The answers to these questions are simply a starting point for understanding how your business will proceed to comply with the new law.  You first need to understand how the size of your business affects your responsibilities, which then helps you to start thinking about the costs and benefits of offering health insurance to your employees.

There are, of course, many other questions to address.  For example, larger businesses (above a 50 full-time equivalent employee threshold) need to understand the assessment that will be due if the business  either fails to offer coverage or the coverage offered is unaffordable.  And both large and small businesses need to understand their employees’ responsibilities under Vermont law and how the federal law and Vermont law dovetail or diverge.

We will cover these and other topics in future blog posts as we continue to explore health care reform issues to help businesses understand and prepare for the changes that are coming. In the meantime, if you want additional information, we encourage you to visit the State’s health reform website.

The information provided in this blog is generic and based on the general definitions and provisions in the new legislation (Acts 48 and 171).  This blog post and the information it contains should not be interpreted as legal advice for any specific situation.  Individuals with specific questions about their business are encouraged to consult an attorney.

Image by ernstl on flickr.  

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The Affordable Care Act is Constitutional

photo by dbking on Flickr

The long awaited U.S. Supreme Court decision on the constitutionality of the federal health care reform law (the Affordable Care Act) was issued this morning, and the law has been upheld.   Although it is a complicated decision that will provide fodder for analysis for months and years to come, the upshot is that Congress has the power to impose a tax on people who decline to buy health insurance.  This means that the “individual mandate” stands.  While Congress cannot compel people to buy health insurance, it has the power to impose consequences in the form of a tax if people refuse to do so.

The decision also confirmed the constitutionality of using the Medicaid program as the vehicle in the states to expand the insured population.  But the ACA sought to cut off all Medicaid funding to states that refuse to expand the program, and the Court struck down that provision as unconstitutional because Congress does not have authority to force states to regulate.  Instead, states that refuse to expand their Medicaid program will lose only the new funding that would have come along with the expansion.

In a nutshell, today’s decision upholding the federal law means that Vermont’s plans remain intact: for using the funds it anticipates receiving under the Affordable Care Act for its health insurance exchange (estimated to be $300,000,000 to $ 400,000,000) as a springboard to a single payer system.   Vermont will implement the exchange in 2014, at which time individuals and employers of 50 or fewer people will buy insurance through the exchange.  By 2017, most employers in Vermont will be required to buy health insurance through the exchange, and at that point, Vermont will apply for federal waivers of the exchange requirements so it may use the exchange money for a single payer system.

Although there are many unanswered questions, the big question of what happens immediately to Vermont’s reform efforts has been answered today.  We move forward, as planned.

Tomorrow on VPR’s Vermont Edition, Bob Kinsel will interview Anya Rader Wallack, Chair of the Green Mountain Care Board, and Robin Lunge, Director of Health Care Reform, about Vermont’s next steps in light of today’s decision.

Please read the decision here:  http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

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Health Care Reform, Step Five: Understand what Green Mountain Care is now and what it may become in the future

This is confusing because what Green Mountain Care is right now is not what the health reform law contemplates for the future.  Green Mountain Care is currently the collective name for Vermont’s public health insurance programs:  Medicaid, Catamount Health, VHAP, Dr. Dynasaur, Medicaid, Premium Assistance, and Pharmacy Assistance.  Information about the insurance options offered in Green Mountain Care is available at www.greenmountaincare.org or 1-800-250-8427.

Ultimately, Green Mountain Care is to become the “publicly financed health care program delivering affordable, high-quality health care coverage to all residents of Vermont.”  This is the single payer plan.  There are a number of essential milestones that must be met before Green Mountain Care will go into effect, including getting a waiver under the federal ACA from the obligation to operate a health insurance exchange and arranging sustainable financing that provides a “silver” level of coverage for Vermonters while cutting the cost growth curve, reducing administrative expenses, and paying providers fairly.

We are not there yet, however, and will likely not be there until after 2017, when the federal waivers are scheduled to become available.  For now, it is the creation and implementation of Vermont’s health insurance exchange that is the pivotal “next step” for Vermonters, and it will affect all small businesses (50 or less employees) and individuals starting in 2014.

We will continue to stay abreast of the developments associated with state and federal health care reform and write about them here, so please stay tuned.

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Health Care Reform, Step Four: Understand the Tax Credits that Are Available for Individuals and Families, As It May Affect Whether You Provide Health Insurance

There are individual tax credits available for low and middle income individuals and families to help them buy health insurance.  If you are a small employer with 50 or fewer employees, you may decide to stop offering insurance and allow your employees to buy on the exchange if it is cheaper for them to get better coverage than you could afford to provide as a business.  A large part of the impetus for reform in Vermont is to relieve employers of the responsibility to provide health insurance to their employees.  There is no penalty attached to dropping coverage for employers with 50 or fewer workers.

Starting in 2014, these premium tax credits will be available to help individuals and families who make up to 400% of the Federal Poverty Level (currently $89,400 for a family of 4) afford private coverage by offsetting a portion of the cost of health insurance premiums.  The tax credits are structured so that individuals and families will spend no more than a specified portion of their income on health insurance premiums.  The size of the tax credits is on a sliding scale based on income, so people with the lowest incomes will receive the largest tax credit.  You should consult with your attorney or tax professional about these credits and your potential eligibility to take advantage of them.

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Health Care Reform, Step Three: Understand the Tax Credits Available to You for Purchasing Insurance on the Exchange

The Affordable Care Act helps small businesses and small tax-exempt organizations afford the cost of providing health insurance to their employees through tax credits.  Businesses that employ 25 or fewer employees and pay $50,000 or less in annual wages are eligible for a tax credit that may cover up to 35 percent (up to 25% for non-profits) of the employer’s contribution to health insurance premiums.  This tax credit is available for eligible businesses for the 2010-2013 tax years.  If you learn that you were eligible for a tax credit in an earlier year, you may file an amended return.  The tax credit will increase in 2014 to 50% (35% for non-profits).

Also, since the amount of the health insurance premium payments are more than the total credit, eligible small businesses can still claim a business expense deduction for the premiums in excess of the credit. More information about the credit, including tax tips, guides, and answers to frequently asked questions, is now available on the IRS Web site, www.IRS.gov.  Of course, you should consult with your attorney or tax professional about these credits.

Next week’s post will discuss Step Four: Understand the Tax Credits Available for Individuals and Families.

 

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Health Care Reform, Step Two: Know your Current Cost Trends for Providing Insurance.

Many businesses are spooked because of the uncertainty of a health insurance exchange.  To understand whether you should be concerned and to prepare for purchasing on the exchange, you should look at your costs over the last few years.  Have they been predictable?  Have they helped or interfered with your planning?  Has your business changed in the recent past to accommodate the cost of coverage?  Understanding your past and current cost trends for providing health coverage is the foundation for understanding the future effects the coming changes may have on your business.

One of the certainties businesses all over the state and nation have been talking about for years is how insurance costs are rising and gobbling up an increasingly large chunk of their overhead.  Health insurance premiums are reported to be up to 18% higher for small businesses, in part because they don’t have the bargaining power of larger companies.   It is also increasingly expensive for employers to administer and maintain health insurance for their employees.  Some companies offer insurance to a subset of their employees, some to all employees, and some to an employee’s family.  Employers also struggle with the number of plans to offer and the percentage of premium they can afford to pay, which in turn affects employee morale and retention.  Also, the illness or injury of an employee in a small workplace can cause premiums to increase.

Often, rising health insurance costs consume any raises businesses would otherwise give to their employees.  Health insurance premiums have gone up three times faster than wages in the past ten years.  Businesses are being buffeted by interests purporting to speak on their behalf, but the reality is that all businesses are slightly different and have different cost pressures.  Knowing your own experience will help you to understand the debate going on in Montpelier and plan for the future as you evaluate and price your options on the exchange.    Thus, enacting step two, knowing your insurance costs and trends, and assessing their predictability and increases will help you evaluate your financial picture relative to the changes to the marketplace brought on by health care reform.

The next post will address Step Three: Understand the Tax Credits Available to You for Purchasing Insurance on the Exchange.

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What You Can Do Now As A Small Business To Prepare For Vermont’s Health Care Reform: A Five Part Series

The biggest question for most businesses in Vermont right now is, “What will health care reform cost for our business?”  Right now, that question is unanswered and is producing political wrangling from groups and individuals who want answers before the November 2012 election rather than next January, when last year’s health care reform law requires that the estimated costs be presented to the Legislature.  But, stepping outside the storm of uncertainty and politics, there are five real steps a small business can take now to better prepare for the proposed changes in how it will buy health insurance in 2014.  During the next several weeks, I will discuss each of these steps in detail.  The five steps are:

  1. Understand what a health insurance exchange is and what it means for your business.
  2. Understand your current cost trends for providing health insurance.
  3. Understand the tax credits available to you for purchasing insurance on the exchange.
  4. Understand the tax credits that are available for individuals and families, as it may affect whether you provide health insurance.
  5. Understand what Green Mountain Care is now and what it may become in the future.

Step 1:   Understand what a health insurance exchange is and what it means for your business.

One way or another, it is likely that a health insurance exchange is coming your way, and you need to know what it is and what it is supposed to do.  The federal Affordable Care Act (ACA) requires that all states have a health insurance exchange starting in 2014.  A health insurance exchange is a place where individuals and small businesses will shop for and enroll in a health plan that meets their needs; it is a marketplace that will allow for better comparison shopping than that available to insurance purchasers now.

The exchange will be a website, and on it insurance plans will be divided into several categories.  Although what the plans will include is still under consideration, the idea is to have a pre-defined set of “essential benefits” which will include at least: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance abuse services, including behavioral health treatment; prescription drugs; rehabilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care.

All the plans offered on the exchange will provide these essential benefits, but their price will differ based on the “actuarial value” of the plan.  “Actuarial value” is defined as the measure of the level of protection a health insurance policy offers by looking at the percentage of health costs that, for an average population, are covered by the health plan, as compared to the percentage of costs that are covered by the insured.  This measure is made more understandable by the “metal” levels that have been defined by the ACA: For a platinum plan, an average individual will pay 10% out of pocket for his or her covered benefits and the plan will pay 90%. In a gold plan, the plan will pay 80% of the costs of the benefits and the average consumer will pay 20% out of pocket.  In the silver plan, the plan will pay 70% percent of the costs and the consumer 30%.  And, if a bronze option is included on the exchange, as Vermont now seems likely to require, the plan will pay 60% of the costs of coverage and the insured consumer will pay 40%.  Bronze plans are the controversial “high-deductible” and HSA plans.  Obviously, the more the insurance company is on the hook to pay, the more expensive the plan.

To understand what this sort of purchasing arrangement means to you, you should assess how much time your business spends understanding the cost and coverage differences among plans, and then selecting, negotiating, and explaining to your employees each year what their plan will cover and how much it will cost.    Many businesses find themselves taking an increasingly large amount of time buying health insurance for their employees.  The costs of coverage are going up, premiums are going up, the cost to the employee is going up, and the benefits are usually slimmed down to make coverage more affordable and more palatable.  Some employers give up, which at present may cost them competitively.

In Vermont, under a bill that passed the House last week and will now be taken up in the Senate, starting in 2014, all individuals and businesses with 50 employees or fewer must purchase from the exchange.  Employers with between 50 and 100 employees will wait until 2016 before joining the pool of businesses and individuals buying on the exchange.

The next post will discuss Step 2:  Know your current cost trends for providing insurance.

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Vermont Medical Society Honors Eileen Elliott for Contributions to Vermonters’ Health

Eileen Elliott, Esq., received the Citizen of the Year Award from the Vermont Medical Society, which is presented to a nonphysician who has made a significant contribution to the health of the people of Vermont. A partner in the Burlington law firm of Dunkiel, Saunders, Elliott, Raubvogel and Hand, Elliott was instrumental in the VMS’s U.S. Supreme Court support of a Vermont law banning data mining companies from selling prescription information to drug companies. Ms. Elliott dedicated countless hours to the effort, including drafting an amicus brief in support of the law that forcefully called for the protection of medical privacy and reinforced the importance of the doctor-patient relationship.

“It was a privilege to receive this award,” said Elliott. “I share it with my partners, who wholeheartedly supported the time and effort we put into writing the amicus brief, and with my colleagues Jessica Oski, Geoff Hand and Elizabeth Catlin, who were directly responsible for the quality of our arguments. We all believe the doctor/patient relationship has to be carefully protected from intrusion and exploitation by outsiders who want to use it solely to make money. Although we disagree with the Court’s decision, we will never regret the honor of standing up for doctors who are sick of being targeted for pharmaceutical marketing schemes that focus on the drug more than the patient.”

Excerpted from The Green Mountain Physician.

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Smart Phones and Tablets offer the promise of cheaper health care and better patient engagement

Tablet

Tablet, photo by viagallery.com on Flickr

The article, “As Smartphones Get Smarter, You May Get Healthier: How health Can Bring Cheaper Health Care To All,” is a fascinating glimpse of the future in a profession and industry already reeling from the changes brought by technology in the last several decades.  Even the most adamant opponents of health care reform acknowledge that the cost of health care is already too high and growing at a steep and unsustainable rate.  Add to that our fascination with smart phones and the data that apps give as we track our sleep, calories, exercise, cholesterol, pregnancy, relaxation, etc., and it comes as no surprise that mobile technology is being developed to replace expensive equipment and tests.

There are bound to be legal issues around FDA-approval, physician and patient uptake, malpractice, and HIPAA –compliance (although iPhones/iPads are apparently HIPAA-compliant when using WPA2 Enterprise security).  Still, the innovations that mobile technology offers are capable of transforming medical care.  We know change is coming, but many of us think of it in only administrative and regulatory terms.  This article gives us solid reasons to believe that technology can be harnessed to improve care and bring down costs, certainly two of the most important goals driving the changes in the field of health care today.

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Legislative Deadlines in Vermont’s Health Care Reform (Act 48) for 2012

Vermont State House

Vermont State House, photo by nlnnet on Flickr

There is a great deal of interest here and nationally in Vermont’s pioneering effort to redesign its health care system.  Even though the proposal for how to finance Vermont’s reformed health care system is not due to the General Assembly for another year, there are plenty of deadlines in Act 48 for the Administration to comply with to keep the public and the legislature abreast of ongoing work towards a transformed system.  Act 48 is entering its first full year of existence in 2012 and it establishes an aggressive schedule for reviewing and recommending the changes that may be needed to implement a health care exchange and then move to Green Mountain Care.  Even though many of the deadlines relate to reporting requirements, the information provided to the General Assembly through the reports is vital for health care providers, businesses and individuals for understanding how reform is proceeding.

January 1, 2012

  • The Green Mountain Care Board is now fully staffed.  The last pieces to fall into place were the transfer of up to nine positions from the Department of Banking, Insurance, Securities and Health Care Administration (BISHCA) to the Green Mountain Care Board by the first of the year. Sec. 3b
  • The first pilot payment reform project is to be operational.  The payment reform pilot projects act as test runs or preliminary experiments for the payment system under revision. Sec. 3c.; 18  V.S.A. § 722(e)
  • Health insurance policies and rate increases are now posted on the BISHCA website, along with related filings, and are available for public comment. Sec. 15; 8 V.S.A. § 4062(c)(2)
  • The Green Mountain Care Board now reviews and approves health insurance rate increases. Sec. 3; 18 V.S.A. § 9375(b)(6)(A)

January 15, 2012

A variety of reports and updates are due to specified legislative committees in the house and senate, as outlined below.

  • The Secretary of Administration will submit:
  1. A proposal for improving or reforming the medical malpractice system. Sec. 2 (7)
  2. A plan for transferring to the Department of Health Access (DVHA) the health care eligibility unit’s employees, consultants, and related appropriations that currently reside in the Department for Children and Families (DCF).  The actual transfer will occur between March 15, 2012 and July 1, 2013. Sec. 6
  3. Recommendations relating to the Health Information Technology Plan. Sec. 10(c)
  4. Recommendations on “how to unify Vermont’s current efforts around health system planning, regulation, and public health.” Sec. 11(a)
  5. An integration  report and recommendations on how to either integrate or align Medicare, Medicaid, private insurance, associations, state employees, and municipal employees with the health benefit exchange and Green Mountain care.  This is a significant undertaking that will include:

o    Whether the State should establish a basic health program for certain lower income individuals;
o    How to handle association health care policies;
o    How to make the statutory changes necessary to integrate the private health care insurance market with the health benefit exchange;
o    What the advantages and disadvantages are in defining a small employer as having up to 50 employees versus having up to 100 employees in the health benefit exchange;
o    What the advantages and disadvantages are in allowing qualified health benefit  plans (plans that contain specified essential benefits as per 33 V.S.A. § 1806) to be sold to individuals and small groups inside and outside the health care exchange;
o    What the advantages and disadvantages are in allowing non-qualified health plans to be sold outside the exchange;
o    How the common benefit package should be designed, a recommendation made in consultation with the Green Mountain Care Board;
o    What the impact will be of supplemental insurance plans in the small and individual group markets;
o    Whether prescription drugs in Green Mountain Care could be purchased through Medicaid, the 340B pricing program, or some other bulk purchasing arrangement;
o    Whether employers and individuals should be able to purchase supplemental coverage through Green Mountain Care or private insurers;
o    How to structure coverage through Green Mountain Care for adult children up to age 26;
o    Whether to implement a financial reserve or reinsurance mechanism to reduce the state’s financial risk in operating Green Mountain Care;
o    How to  achieve administrative savings by aligning the public and private health care programs, including an estimate of the savings and an analysis of federal waivers that may be necessary. Sec. 8

  • The Green Mountain Care Board, in collaboration with the director of health care reform, will develop and submit a work plan for the Board, including timelines. Sec. 2(b)
  • The Commissioner of Labor will report on aligning the workers’ compensation system with Green Mountain Care. Sec. 8(b)
  • The Commissioner of DVHA, after conferring with BISHCA, and the Departments of Taxes and Motor Vehicles, will report on whether additional enforcement mechanisms will be necessary to ensure that most, if not all, Vermonters will obtain sufficient health benefit coverage. Sec. 8(c)
  • The boards of nursing and medical practice, and the Office of Professional Responsibility, will look at how to improve the primary care workforce and will make joint recommendations on changes to rules and procedures and scopes of practice so health care professionals are able to perform “to the fullest extent of their professional competence.” Sec. 13(a)
  • The Department of Labor and the Agency of Human Services will report on retraining employees who may become dislocated as a result of health care reform. Sec. 13(b)
  • BISHCA will report on the advantages and disadvantages of Vermont adopting the National Association of Insurance Commissioners Model Act, which prohibits insurers from reserving the discretion to interpret the terms of policies or to implement review standards that are inconsistent with state law. Sec. 17
  • BISHCA will also recommend the statutory changes that will be needed to permit the Green Mountain Care Board to participate in the hospital budget review and Certificate of Need processes. Sec. 11(b)
  • DVHA will make recommendations for a single prescription drug formulary to be used by all payers. Sec. 18
  • Although the Green Mountain Care Board is charged with reporting on or before each January 15th about its activities the previous fiscal year, it did not exist in the 2010-2011 fiscal year that ended on June 30, 2011.  Presumably it does not owe the general assembly a report this year. Sec. 3; 18 V.S.A. § 9375(d)

February 1, 2012

  • The Secretary of Administration will report on the potential impact of various Green Mountain Care financing sources on Vermont’s businesses and its economy. Sec. 9(c)

February 15, 2012

  • The director of health care reform will provide the legislature with information relating to Vermont’s health benefit exchange. Sec. 2(a)(2)(A)

March 15, 2012

  • The Green Mountain Care Board, in consultation with BISHCA and DVHA, will report on regulatory changes that may be necessary to align professional and managed care regulation with payment reform. Sec. 12

July 1, 2012

  • The Green Mountain Care Board will begin reviewing recommendations on hospital budgets and certificates of need. Sec. 3; 18 V.S.A. § 9375(b)(6)(B)-(C)
  • Two additional proposed payment reform pilot projects must be operational. Sec. 3c.; 18  V.S.A. § 722(e)
  • The Medicaid Advisory Board is repealed. Sec. 32; 33 V.S.A. § 1901(c)
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