3 Crucial Ways to Improve House Bill 4069 to Establish the Aligning for Health Pilot Program
House Bill 4069, introduced by Representative Maxine Dexter during the 2024 Regular Session of the Oregon Legislative Assembly, proposes the establishment of the Aligning for Health Pilot Program. This initiative, administered by the Oregon Health Authority (OHA), aims to test alternative payment methods in healthcare with the overarching goal of improving health outcomes and cost containment. The legislative session ended while the bill was in committee. Representative Dexter resiged August 31, 2024. There is reason to believe the Oregon Health Authority will ask newly elected Representative Shannon Jones Isadore to reintroduce HB 4069.
Key Features of the House Bill 4069
1. Establishment and Goals
The program seeks to create more predictable, aligned payment models and metrics for healthcare providers.
It aims to increase the number of providers receiving population-based payments tied to health outcomes.
The program encourages innovation in care delivery and addresses complex health drivers.
It emphasizes equitable access to quality health services and better health outcomes.
2. Implementation Phases
Phase One: Planning includes hiring staff, conducting necessary analyses, and engaging stakeholders.
Phase Two: Finalizing risk mitigation strategies, engaging providers with technical support, and soliciting proposals from employer groups and payers.
Phase Three: Awarding contracts and launching the program with potential expansion based on initial outcomes.
3. Participation Requirements
Payers must sign onto the Value-Based Payment Compact, adhere to global budgets, and partner with community-based organizations.
Providers must assume accountability for patient groups, bear financial risk for spending targets, and agree to performance-based payment adjustments.
Purchasers can select and adjust benefit packages but must include all enrollees in the pilot region.
4. Regulatory Framework
The OHA will set global budgets, establish processes for rate appeals, and ensure costs are not shifted excessively to enrollees.
The program will include risk mitigation strategies such as the Oregon Reinsurance Program, risk corridors, and a risk stabilization fund.
Regulatory relief may be provided to encourage innovation but will not compromise patient or provider safety.
5. Monitoring and Evaluation
The OHA will monitor the program's implementation, collect and analyze data, and ensure that participation does not reduce access to care.
Interim assessments and formal evaluations will be conducted to measure the program’s success and recommend future expansions.
6. Health Equity Fund
A fund will be established to support community-based interventions targeting social determinants of health, financed collectively by multiple payers.
7. Pilot Region Advisory Groups
Advisory groups will be formed in each pilot region, primarily composed of representatives from communities of color, tribal communities, immigrants, refugees, and underserved areas.
8. Sunset Clause
The Act is set to sunset on January 2, 2035, providing a timeframe for the program's evaluation and potential institutionalization.
House Bill 4069 seeks to transform healthcare payment models in Oregon, promoting value-based care and equitable health outcomes through a carefully monitored and phased pilot program.
3 Crucial Ways to Improve House Bill 4069
To ensure the success of House Bill 4069 and the Aligning for Health Pilot Program, it is essential to incorporate the Healthy Contracts proposal This can be achieved by adding specific implementation requirements which promote transparency, accountability, and collaborative efforts among all stakeholders. Here is an expanded and detailed plan for integrating these principles:
3 Crucial Requirements
1. Ethics Point Portal
Implementation: Establish an Ethics Point Portal for each payer accessible to all participating providers allowing anonymous reporting of concerns and issues related to contracts and operations. Each portal should be overseen by an independent body to maintain impartiality and confidentiality.
Importance: Provision of a secure and transparent channel for addressing ethical concerns, enhances trust among providers and stakeholders.
For more information see:
Ethics Point Portal: Definition and Benefits for Value-Based Contracts in Mental and Behavioral Health Services.
https://www.mentorresearch.org/ethics-point-portal-definition-and-benefits
2. Independent Certified Internal Auditor (CIA)
Implementation: Retain Independent Certified Internal Auditors responsible for monitoring, investigating, and reporting on shared measurement and value-based contracts as well as submissions to the Ethics Point Portal.
Importance: Ensures the integrity of the program by maintaining ethical standards, providing unbiased oversight, and holding all parties accountable.
For more information see:
How Can an Independent Certified Internal Auditor Support Mental and Behavioral Health Contracting.
https://mentorresearch.org/how-can-an-independent-certified-internal-auditor-support
Implementation: CIAs will support conversations between healthplans and providers to create transparent shared values, objectives, controls, rigorous tests for design and effectiveness, residual risk analysis, and key performance measures.
Importance: Facilitates open dialogue and collaborative efforts among providers, fostering a culture of transparency and mutual accountability. This approach helps to identify and address issues early and improve overall program effectiveness.
For more information see:
What Can Certified Internal Auditors Do That Will Prevent Healthplans From “Gaming” Providers, Purchasers, and The Public?
https://www.mentorresearch.org/gaming-a-valuebased-contract
3. Plain and Understandable Contract, Requirements and Policy Language
Implementation: Draft all contracts and policy documents in plain and understandable language that maps to operational procedures and expectations. Include detailed explanations to ensure all stakeholders understand their roles and responsibilities.
Importance: Reduces misunderstandings and disputes, fostering a collaborative and informed environment.
For more information see:
Plain Language Contract Agreement and Use Case Example.
https://www.mentorresearch.org/plain-language-contract-agreement-and-use-case-example
Role of Independent Certified Internal Auditors
Independent Certified Internal Auditors (CIA)
Implementation: CIAs will play crucial roles in ensuring ethical and accountable practices within the Aligning for Health Pilot Program. They will be responsible for:
Overseeing Ethics Point Portals and investigating reported concerns.
Monitoring compliance with shared measurement and value-based contracts.
Providing regular reports on contract performance, ethical issues, and compliance to all stakeholders.
Ensuring that contract terms and operational procedures are clearly understood and adhered to by all parties.
Importance: CIAs’ independence from Healthplans’ management is critical to maintain objectivity and prevent conflicts of interest. As they provide impartial oversight, CIAs ensure ethical standards are upheld, while they foster trust and integrity.
For more information see:
How and Why Should the Independence of Certified Internal Auditors be Ensured?
https://www.mentorresearch.org/maintaining-independence-of-internal-auditors
Conclusion
Integrating the Healthy Contracts initiative with HB 4069 is crucial to success for the Aligning for Health Pilot Program. By establishing Ethics Point Portals, employing independent CIAs, ensuring clear contract language, promoting transparent shared values, and supporting providers’ collaborations, the program can achieve its goals of improved health outcomes and cost containment. This comprehensive approach not only aligns with the objectives of HB 4069 it aligns with best practice standards for ethical and accountable healthcare contracting.
References
Draft Legislation for the Implementation of Healthy Contracts Requirements.
https://www.mentorresearch.org/draft-legislation-for-the-implementation-of-healthy-contracts-requirements
Independent Certified Internal Auditors
Independent Certified Internal Auditor – Example Job Description
https://www.mentorresearch.org/independent-certified-internal-auditorA Case For The Value and Importance Of Independent Internal Auditors In Contracting For Fee-For-Service, Alternative, and Value-Based Mental And Behavioral Health Services.
https://www.mentorresearch.org/value-and-importance-of-independent-internal-auditorsHow Can an Independent Certified Internal Auditor Support Mental and Behavioral Health Contracting.
https://mentorresearch.org/how-can-an-independent-certified-internal-auditor-supportHow and Why Should the Independence of Certified Internal Auditors be Ensured?
https://www.mentorresearch.org/maintaining-independence-of-internal-auditorsIndependent Certified Internal Auditor: The Bridge Between Stakeholder and the Healthplan https://www.mentorresearch.org/auditor-shall-be-a-point-of-contact-for-stakeholders
The Independence of Healthplan Auditors Must Comport with Standards Set the U.S. Office of Inspector General U.S. Office of Inspector General (OIG).
https://www.mentorresearch.org/why-use-oig-standardsWhat Can Certified Internal Auditors Do That Will Prevent Healthplans From “Gaming” Providers, Purchasers, and The Public?
https://www.mentorresearch.org/gaming-a-valuebased-contract
Ethics Point Portals
Ethics Point Portal: Definition and Benefits for Value-Based Contracts in Mental and Behavioral Health Services.
https://www.mentorresearch.org/ethics-point-portal-definition-and-benefitsEthics-Point Portals Overseen by CIA's: A Resource to Serve Stakeholders and the Public.
https://www.mentorresearch.org/ethics-point-portals-overseen-by-independent-certified-internal-auditorThe Results of Audits and Mitigation Options Should be Posted on a Public Electronic Platform Webpage.
https://www.mentorresearch.org/posted-on-a-public-electronic-platform-webpage
Shared Values, Objectives, Controls, Tests of Design and Effectiveness, and Key Performance Indicators.
Importance of Transparent Shared Values, Objectives, Controls, Key Indicators of Success, Tests of Design, and Tests of Effectiveness in Value-Based Payment Contracts for Mental and Behavioral Health Services.
https://www.mentorresearch.org/importance-of-shared-values-objectives-indicators-of-successControls in Fee-For-Service, Alternative and Value-Based Payment Contracting
https://www.mentorresearch.org/what-is-a-controlControls, Tests of Design (TOD) and Tests of Effectiveness (TOE) in Measurement and Value-Based Contracting For Mental and Behavioral Health Services
https://www.mentorresearch.org/tests-of-design-and-tests-of-effectiveness
Transition from Fee-For-Service to Value-Based Payment Contracts
Healthplan and Medicare Advantage Risk Scores and “Clawbacks”
https://www.mentorresearch.org/medicare-advantage-risk-adjustments-and-clawbacksTransition from Fee-for-Service Step-wise to Alternative Payment Contracts and then Value-Based Payment Contracts: The Good and the Bad.
https://www.mentorresearch.org/transforming-feeforservice-psychotherapy-to-valuebased-payment-contractTransforming Mental Health Services From Fee-for-Service to Value-Based Contracts: A Closer Look.
https://www.mentorresearch.org/transforming-mental-health-services-a-closer-look
Challenges
Why Teachers, Counselors and Legislators Should Support the Healthy Contracts Legislation.
https://www.mentorresearch.org/why-teachers-counselors-and-legislators-healthy-contract-legislationProblems When Contracts of Adhesion are Offered to Mental and Behavioral Health Providers.
https://www.mentorresearch.org/problem-when-contracts-of-adhesion-are-offeredWhat Can Happens if Voidable Provisions in Value-Based Contracts Go Unchallenged?
https://www.mentorresearch.org/contracts-with-voidable-provisionsPreventing the Problems Created by “Take It or Leave It” Contracts in Mental and Behavioral Health Services?
https://www.mentorresearch.org/preventing-contract-of-adhesion-that-harm-public-healthProblems When Contracts of Adhesion are Offered to Mental and Behavioral Health Providers.
https://www.mentorresearch.org/problem-when-contracts-of-adhesion-are-offeredWhat Can Happens if Voidable Provisions in Value-Based Contracts Go Unchallenged?
https://www.mentorresearch.org/contracts-with-voidable-provisionsPreventing the Problems Created by “Take It or Leave It” Contracts in Mental and Behavioral Health Services?
https://www.mentorresearch.org/preventing-contract-of-adhesion-that-harm-public-healthWill Value-Based Payments Harm Public Health and Provider Practices? Case Example.
https://www.mentorresearch.org/value-based-contracts-in-oregonSigns of Bad Faith in Value-Based Payment Contracts for Mental and Behavioral Health Services Offered by Healthplans
https://www.mentorresearch.org/signs-of-a-bad-faith-valuebased-payment-contractHow Can Mental and Behavioral Health Provider Practices Recognize They are Being “Taken for a Ride”?
https://www.mentorresearch.org/in-what-ways-are-mental-and-behavioral-health-provider-practices-being-taken-for-a-rideContract “Gaming”: Reasons Why Value-Based Contracts Can Fail
https://www.mentorresearch.org/contract-gaming-reasons-why-value-based-contracts-will-failWhat Can Happens If Unfair, Bad Faith, Ambiguous, Ill-Defined, Unethical, or Voidable Provisions In Fee-For-Service and Value-Based Contracts Go Unchallenged?
https://www.mentorresearch.org/contracts-with-voidable-provisionsInformed Consent Motivates Patients to Game Outcome Measures.
https://www.mentorresearch.org/informed-consent-motivates-gaming-outcome-measuresHealthy Contracts: Ensuring Ethical and Collaborative Agreements in Mental Health Services.
https://www.mentorresearch.org/healthy-contracts-ensuring-ethical-and-collaborative-agreements-in-mental-health-servicesPsychotherapy Treatment Plans & Progress Notes can Have Chilling Effects on Patients, Outcomes, Satisfaction and Dropout. https://www.imhpa.org/charting-chilling-effect-on-patients-outcomes
Healthplan and Medicare Advantage Risk Scores and “Clawbacks”
https://www.mentorresearch.org/medicare-advantage-risk-adjustments-and-clawbacks
DISCLAIMER and PURPOSE: This discussion document is intended for training, education, and research purposes only. The information contained herein is based on the data and perspectives available at the time of writing. It is subject to revision as new information and viewpoints emerge.
For more information see: https://www.mentorresearch.org/disclaimer-and-purpose