Health

The Health Policy Group provides policy analysis and innovative programming for state health policy leaders in the legislative and executive branches. This group also develops many publications and health forums for state leaders.

State leaders need access to critical and timely health policy information. CSG staff works to provide officials with best practices and policy analysis, helping lawmakers identify the best health solutions for their states.

Fear of losing Medicaid coverage can deter people with disabilities from entering the labor market. Medicaid buy-in programs allow workers with disabilities to purchase Medicaid coverage that enables them to participate in the workforce without losing health care benefits. A large majority of states such as Colorado, Illinois and Ohio, amongst others, are participating in or pursuing these kinds of programs.

In 2003, New York implemented the Medicaid Buy-In for Working People with Disabilities program, or MBI-WPD. In doing...

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In addition to many decades of leadership in federal advocacy and international policy change, CSG’s newest associate, the American Childhood Cancer Organization (ACCO), is taking a leadership role in strategic state advocacy through an Amazon supported initiative called Why Not Kids. This movement is based on successful efforts in Kentucky that focus on working with state governments—educating them and informing them of their unique role and responsibility—to close the gap between budget allocations for adult and childhood cancer...

The focus on helping individuals with mid-career disabilities stay in or return to the workforce is emerging in the economic and health sectors of the public policy arena. This focus comes from the drive to retain good employees in the workforce, which benefits state governments, employees and employers.

The state of Washington has taken a step in the disability employment policy arena to expand return-to-work...

The Council of State Governments hosted policymakers from across the country in June for the first meetings of its two national task forces: Healthy States and The Future of Work.

In Moda Health Plan v. United States the Supreme Court will decide whether Congress may enact appropriations riders restricting the sources of funding available to pay health insurers for losses incurred that were supposed to be paid per federal law.

The Affordable Care Act’s (ACA) risk corridor program provided that if a health insurance plan participating in the exchange lost money between 2014-2016 it would receive a payment from the federal government based on a formula defined in the statute. If it made money the plan had to pay the federal government based on a formula. The purpose of the program was to induce health insurance companies to offer plans on the exchange despite the fact they didn’t have reliable data to price the plans.

The Government Accountability Office (GAO) identified a particular funding source the federal government could use to make payments. Congress passed appropriations riders for all three years disallowing that funding source to be used to make risk corridor payments.

As some state legislatures pass laws contradicting Roe v. Wade in the hope the Supreme Court will overturn the 1973 decision, all eyes are on anything the Supreme Court has to say about abortion.  

In a per curiam (unauthored) opinion in a case decided without oral argument, Box v. Planned Parenthood, the Supreme Court held that Indiana’s law disallowing fetal remains to be incinerated along with surgical byproducts is constitutional. The Seventh Circuit had invalidated this provision.

Merck v. Albrecht is a simple issue contained in a long story.

In 2009 in Wyeth v. Levine the Supreme Court held that federal law preempts state law failure to warn claims that a drug manufacturer failed to change a drug label if there is “clear evidence” the Food and Drug Administration (FDA) would not have approved the label change. In Merck v. Albrecht a unanimous Supreme Court held that a judge rather than a jury determines if the FDA would have approved the change.

The federal Food, Drug, and Cosmetic Act (FDCA) provides no federal remedy for unsafe and ineffective drugs but state law may in the form of a failure to warn claim. The FDA allows manufacturers to change warnings on drug labels when newer drug safety information becomes available. The Supreme Court has held if the FDA would not have approved a drug label change, which a state failure to warn law would have required, the FDCA preempts the state law claim.

CSG Midwest
When a health consumer receives care outside of an insurer’s network of providers, he or she may receive a surprisingly high medical bill, and face the prospects of paying unexpectedly high out-of-pocket costs. 
These situations are not uncommon, and often not the fault of the health consumer — for example, he or she requires immediate emergency care, or an out-of-network provider is part of a larger team of physicians providing complex medical treatment.
As evidenced in recent polling data and new state laws, “surprise billing” has become a widespread concern among health care consumers and policymakers alike. In a poll conducted last year by the Kaiser Family Foundation, two-thirds of Americans said they were either “very worried” or “somewhat worried” about being able to afford their own or a family member’s unexpected medical bills.
The Commonwealth Fund, meanwhile, has been tracking the spread of laws to protect individuals from certain types of “surprise billing.” By the end of 2018, the number of states with such laws had reached 25: nine with comprehensive laws (including Illinois in the Midwest) and 16 with “partial protections” (including Indiana, Iowa and Minnesota).
CSG Midwest

Iowa legislators have created a first-of-its-kind system to better meet the mental health needs of children. As part of HF 690, signed into law in May, an appointed state board will be created to oversee this new comprehensive, coordinated system.

Members of the board will include a mix of state executive branch leaders (in health and education), experts in child welfare and mental health, local school leaders, pediatricians and law enforcement. Legislators will serve on the board as non-voting members. Iowa’s new law also spells out the types of “core services” that the system must deliver to children. That list of services includes: early intervention, medication management, outpatient therapy, access to a 24-hour crisis helpline, mobile response teams, and the availability of community-based and residential services to stabilize behavioral health crises in children.

In December 2018 a federal district court declared the Affordable Care Act (ACA) individual mandate unconstitutional. It also declared the remaining provisions of the act “inseverable,” meaning also invalid. The court didn’t issue a nationwide injunction which would have had the effect of immediately ceasing all aspects of law.

In the district court litigation the Department of Justice (DOJ) didn’t defend the individual mandate. But it did argue that other provisions of the ACA, excluding the guaranteed-issue and community-rating requirements, which were intended to provide affordable health insurance for those with pre-existing conditions, were severable. Now DOJ has informed the Fifth Circuit that it has changed course and agrees with the lower court that the entire ACA was properly invalidated.

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