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Medicaid expansion picks up bipartisan support in the Texas House, but hurdles remain

The real cost of Texas Republican extremism | Priorities: Nathan Johnson for Texas State Senate, District 16

The Texas Tribune | By Karen Brooks Harper

Expanding the Medicaid rolls to include more than a million Texans could get a floor vote during House budget hearings on Thursday.

When a neighbor’s dog nipped her hand near the fingernail last winter, Trish W. put off going to the doctor because it didn’t seem worth the dent it would put in her already tight budget.

It wasn’t until her hand swelled to the point where her finger nearly burst that she finally gave in.

The doctor told Trish, a 33-year-old from Canyon Lake who has a genetic blood disorder that hinders her ability to fight bacteria, that she’d narrowly escaped deadly sepsis and that she could have lost her hand. The hospital kept her overnight to be sure. She later received a $2,000 bill that she couldn’t afford.

“Of course as a single mother, you're thinking, ‘Oh, my God, I might not leave this hospital,’” said Trish, who asked that her last name not be used in order to protect her family’s privacy. “‘This could be the last time I see my kid.’ And that’s terrifying.”

It’s a scenario she might have avoided with a Medicaid card, but her pay as a certified nursing assistant, which she said can reach $1,700 "on a good month," means she makes too much to qualify under Texas eligibility rules — but not enough to buy her own insurance.

“I fall right in that gap,” said Trish, who lives in an RV with her 12-year-old son.

Texas lawmakers have been presented with billions of dollars in federal incentives this year to join 38 other states in expanding the state-run Medicaid program to adults like Trish who earn up to 138% of the federal poverty level.

That’s about $1,500 per month for an individual, or $3,000 a month for a family of four. Currently the threshold in Texas is about $200 per month for a family of two, or about $300 per month for a family of four.

Among several bills filed in the conservative Texas Legislature is a Medicaid expansion plan with bipartisan support that is similar to those adopted in some Republican-led states.

Nine House Republicans and all 67 House Democrats have publicly signed on to House Bill 3871, which would give it enough votes to pass the 150-member chamber. Although none of the proposals have gotten a hearing this session, Medicaid expansion is expected to be introduced in some form as a floor amendment Thursday when the House debates the state budget.

First introduced as part of President Barack Obama’s Affordable Care Act in 2010, the requirement to expand eligibility for Medicaid was fiercely resisted by Republican-led states, including Texas, on the argument that it was fiscally unsustainable and, equally importantly, expanded an entitlement program when the goal should be to make people less dependent on the government.

Since then, however, all but 12 states have expanded their Medicaid programs.

Texas, meanwhile, has relied on a federal funding agreement, known as the 1115 waiver, that was first approved in 2011 as a means to help hospitals care for uninsured people until the states expanded their Medicaid programs under the ACA. Then the U.S. Supreme Court ruled that states couldn’t be required to expand Medicaid.

In the years after, Texas leaders fought to keep the waiver while resisting expanding Medicaid. The uncompensated care funding for providers and the innovative health project funding in the waiver do not provide comprehensive health care coverage or drug coverage.

The new federal incentives, combined with news last week that Texas may lose its 1115 funding after October 2022, bring a new pitch to the decadelong debate over adding more than a million people to the Medicaid rolls in Texas.

“The time to do this is now,” said state Rep. Julie Johnson, D-Carrollton, the author of House Bill 3871. “The deal on the table that the [federal] government offered to us is, in my opinion, irresponsible not to accept.”

Conservative lawmakers are weighing their historic opposition to Medicaid expansion against the potential of billions in federal incentives coming to Texas during a tight budget cycle.

“There is a bipartisan desire to see the cost of health care decrease. The unsustainable increase in prices, whether at the hospital, the doctor, or in health insurance premiums hits all Texans,” GOP state Rep. James Frank, chair of the House Human Services Committee, said in emailed comments to the Tribune. “But there is also concern that when Medicaid expands, that adds pressure to the private insurance market to make up the difference in reimbursements. Hence, expansion is a hidden tax on those who have private insurance, driving up the cost of care for everyone.”

Medicaid expansion in Texas

Some 4.2 million people are on Medicaid in Texas — including more than 3 million children. The rest of the recipients are people with disabilities, pregnant women and parents living below 14% of the federal poverty level. Adults with no disabilities or dependent children don’t qualify for Medicaid, and the vast majority of children on Medicaid have parents who do not qualify.

Texas has the highest rate of uninsured residents in the nation.

If Texas expanded Medicaid, the federal government would bump its reimbursement to the state from 62% of Medicaid expenditures to 67% — and it would pay 90% of the costs for the estimated 1.4 million adults who would become newly eligible for the program.

recent report by Texas A&M University and sponsored by the Episcopal Health Foundation showed that an estimated 954,000 newly eligible adults would likely enroll, bringing $5.41 billion in federal matching dollars to pay for them each year. The Kaiser Family Foundation, a health care research organization, estimates that about 75% of the newly eligible would be people of color.

Economists predict that expansion in Texas would be an economic driver, increasing health-related spending, decreasing uncompensated care spending by local governments and raising productivity with a healthier workforce.

“It’s really critical at this point that Texas be looking at solutions for our worst-in-the-country insurance rates,” said Anne Dunkelberg, who oversees health care policy for Every Texan, a public policy group.

But state leaders and many Texas conservative groups have so far chosen to decline the expansion.

Lt. Gov. Dan Patrick’s and Gov. Greg Abbott’s offices did not respond to requests for comment, but both have opposed expanding Medicaid in the past. In January, House Speaker Dade Phelan expressed doubt that Medicaid expansion would happen this session.

Among other arguments, opponents say it would crowd out current Medicaid patients who are already getting a low quality of care due to the limited number of physicians who accept Medicaid patients because of low reimbursements.

“I think it’s unfortunate to put a price on the heads of those that are most vulnerable,” said David Balat, director of the Right on Healthcare initiative at the conservative Texas Public Policy Foundation. “We’re talking about people that are not getting the greatest of care, stand to get worse care and we’re saying we should probably just take the money anyway. That's unconscionable.”

“We exist, and we matter”

The Medicaid legislation getting the most attention in the Legislature this session are companion bills filed by Johnson in the House and state Sen. Nathan Johnson, D-Dallas, modeled after programs in conservative states like Ohio and Indiana.

The identical bills offer incentives for recipients to achieve self-sufficiency and independence through health savings accounts, employment assistance and healthy behavior rewards, rather than cultivating an attitude of state dependency, said Nathan Johnson, whose Senate Bill 117 is awaiting a committee hearing. The legislation would also increase provider reimbursements to encourage physicians to accept more Medicaid patients.

Medicaid expansion would also potentially generate hundreds of thousands of jobs and bring in billions in additional tax revenue to the state and to local governments, according to a recent analysis by The Perryman Group, an economic research firm in Waco.

“I’ve got to ask my colleagues, ‘How much are you willing to reject, in order to not provide health care to people for free? In order to not have people healthy enough to go to work?” Nathan Johnson said. “There’s a narrative that says, ‘We created the Medicaid program to help the truly vulnerable, the elderly, the disabled, the children. We’ve taken care of everything. Everybody else, you’re on your own.’ And that just refuses to look at reality.

Better reimbursements for doctors and the personal responsibility incentives are the two biggest reasons why House Republican Rep. Steve Allison, a San Antonio freshman and co-author of House Bill 3871, said he signed on to the legislation after years of skepticism.

“In the past, we just talked about expanding coverage and didn't talk about care. I've always been stuck on care,” he said. “The incentives, too, are so important. … I think that's what's starting to move some of the Republicans, because that's been a legitimate concern in the past. That we’re just further promoting welfare.”

But first it needs to reach the House floor. Frank, a Wichita Falls Republican, said he has not decided whether to allow a hearing on the House bill.

“I remain convinced that there are better ways for Texas to improve access and affordability of health care for all Texans than Medicaid expansion,” Frank said, adding that he worries Medicaid expansion could drain the state budget over time and lead to fewer private employers offering health benefits to workers.

Earlier this month, Phelan, Frank and other House members from both parties championed a set of bills called “Healthy Families, Healthy Texas” that Frank said would improve quality of care and health care access “for all 29 million people in the state.”

They include measures to reduce the cost of some prescription drugs for uninsured people, make it easier for children on Medicaid to continue coverage during income verification processes, require transparency in medical billing, expand availability of telehealth and broadband services, and increase insurance plan options through small businesses, agricultural nonprofits and associations, among others.

They also supported a bill expanding Medicaid coverage for new mothers to 12 months after the birth of a child, up from the current two months.

In Canyon Lake, what the politicians do at the Capitol could have a big impact on Trish, whose son inherited the same blood disorder and does have Medicaid coverage. If they expand Medicaid, she could stop having to make the difficult choice between paying for her own health care or putting food on the table and keeping the lights on.

“It’s not like we’re going to go see a doctor every chance we get,” she said. “It’s just to have that card in your back pocket to go get a physical or see a doctor if there’s an emergency. It means a lot to people like us. We exist, and we matter, and we don’t deserve to be treated like trash on the bottom of someone’s feet.”

Disclosure: Texas A&M University, Episcopal Health Foundation, Every Texan and the Texas Public Policy Foundation have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

Correction, April 21, 2021: A previous version of this story gave the incorrect number for Sen. Nathan Johnson’s Medicaid expansion bill. It’s Senate Bill 117, not Senate Bill 118.

Clarification, April 23, 2021: An earlier version of this story said the 1115 waiver that was rejected by the federal government does not cover Medicaid services. The uncompensated care funds in the waiver help Texas hospitals cover costs of caring for the uninsured but does not pay for health care coverage or drug coverage for patients.

“I’ve got to ask my colleagues, ‘How much are you willing to reject, in order to not provide health care to people for free? In order to not have people healthy enough to go to work?” Nathan Johnson said. “There’s a narrative that says, ‘We created the Medicaid program to help the truly vulnerable, the elderly, the disabled, the children. We’ve taken care of everything. Everybody else, you’re on your own.’ And that just refuses to look at reality.”

Advocates Say White House Decision To Rescind Medicaid Deal Could Lead To Talks On Texas' Uninsured Rate

Texans deserve medicaid expansion | Priorities: Nathan Johnson for Texas State Senate, District 16

KUT 90.5 | By Ashley Lopez

Health care advocates in Texas say they see an opportunity to address the state’s rising uninsured rate after the Biden administration announced last week that it is rescinding a health care deal the Trump administration cut with Texas.

The 10-year extension of the state’s Medicaid waiver would have provided federal funds to help pay for the cost of hospital care for uninsured Texans through 2032. In a letter to the state’s Medicaid director, federal health officials said Texas hadn’t followed public notice rules when applying for the waiver.

“Upon further review, we have determined that [Centers for Medicare and Medicaid Services] materially erred in granting Texas’s request for an exemption from the normal public notice process,” the officials wrote. They said the state didn't show an emergency existed to allow it to deviate from the normal process.

Gov. Greg Abbott accused the administration of “obstructing healthcare access for vulnerable Texans and taking away crucial resources for rural hospitals” in the state.

“The State of Texas spent months negotiating this agreement with the federal government to ensure vital funds for hospitals, nursing homes, and mental health resources for Texans who are uninsured,” Abbott said in a statement Friday. “With this action, the Biden administration is deliberately betraying Texans who depend on the resources made possible through this waiver.”

But health care advocates said the deal made during the waning days of the Trump administration was out of the ordinary and raised concerns.

For one thing, state officials initially applied for a five-year waiver to cover the costs of uninsured people, commonly referred to as uncompensated care costs. These waivers allow states to receive Medicaid funding for health care outside of how the program traditionally operates. In this case, the Trump administration agreed to give Texas an extra five years – 10 years total — to use Medicaid funds to shore up hospital costs for this care.

Anne Dunkelberg, an associate director with the policy think tank Every Texan, said it’s unheard of for waivers to be granted for such a long time. She said when Biden took office, officials told Texas they were going to take a closer look at this fast-tracked deal.

“This process did skip the public notice and comment period that are not just some light guidance — they are in law and in federal regulation,” she said.

"This is the chance for all the stakeholders — the hospitals, people like us, people who are uninsured, clinics — everybody to weigh in and offer their opinion about what a best Medicaid program would be moving forward.”

Patrick Bresette, executive director of the Texas office of the Children’s Defense Fund

Basically, the Biden administration found state leaders skipped an important step for advocates and stakeholders to weigh in on this issue. Patrick Bresette, executive director of the Texas office of the Children’s Defense Fund, said that's not a minor thing.

“I mean this is the chance for all the stakeholders — the hospitals, people like us, people who are uninsured, clinics — everybody to weigh in and offer their opinion about what a best Medicaid program would be moving forward,” he said.

Dunkelberg said nothing has technically been taken away from Texas. The state was approved for a waiver several years ago that pays for uncompensated costs until September 2022, so hospitals aren't going to lose funding any time soon. And, she said, Texas can just go back and renegotiate.

“I think it is a little on the overly dramatic side to suggest that there is definitely going to be any kind of interruption, much less anything in the near term,” she said.

Advocates say this could open the door for a broader conversation about Texas’ climbing uninsured rate. The state has the highest number of people without health insurance in the country, as well as the highest rate of uninsured. However, instead of seeking ways to expand health care coverage to more people, Republican leaders have focused on bringing in federal funds to cover the costs incurred by hospitals when they treat these patients.

Bresette said the fact that Republican leaders have been largely ignoring the state’s health care coverage issues has been a mistake.

“It’s not good for the economy to have so many people who are uninsured who may lose time from work because they didn’t get the care they needed,” he said. “It’s expensive when people have to go to the emergency room and they are not insured. Those costs get passed down.”

And, Bresette said, expanding coverage would prevent many people from ending up in the hospital due to preventable medical issues that could have been dealt with by a primary care physician.

“Insurance is the key to getting health care and … getting those kinds of preventive and maintenance care covered,” he said. “And that makes a difference and not just for individuals, but for basically how the whole community functions.”

And advocates say Texas does have an option for dealing with this problem: expanding Medicaid.

Texas is one of only 12 states that has refused to expand Medicaid coverage to more low-income adults. Even though the state will always have uncompensated care costs, getting more people insured could make a big dent in bringing down those costs for hospitals.

"Once people get over the initial anger — the misplaced anger — at thinking that the federal government has taken money away from us, then we settle down and realize, ‘OK, let’s just reapply and this time do it right.’”

State Sen. Nathan Johnson, D-Dallas

State Sen. Nathan Johnson, a Democrat from Dallas, has been pushing for bipartisan approaches to expand coverage to Texans using Medicaid dollars, whether it’s a straight up expansion through the Affordable Care Act or thought one of these waiver programs.

“There’s definitely an acceptable — actually a very good — avenue available to the Legislature,” he said.

Johnson said the Biden administration’s decision could be a flashpoint in the ongoing fight over expanding Medicaid in the Texas Legislature.

“I do see some momentum,” he said. “I do see the conversation increasing. Once people get over the initial anger — the misplaced anger — at thinking that the federal government has taken money away from us, then we settle down and realize, ‘OK, let’s just reapply and this time do it right.’”

Johnson said that means Texas health officials could include expanding coverage when it reapplies for the waiver, which would make it all the more likely the Biden administration would cut it a good deal.

He said the federal government has long helped states with uncompensated care costs, but states should do what they can to bring down those costs.

Democratic Congressman Lloyd Doggett said the Biden administration is already doing a lot to make expanding Medicaid here an even better deal.

“The Biden administration advised Texas that it could gain another $3.9 billion over the next two years by expanding Medicaid coverage,” he said. “That would provide assistance to over 2 million of our uninsured neighbors in Texas.”

And like most advocates and Democrats in the state, Doggett said he hopes this situation eventually leads to some serious discussions, even though the politics are tough on this issue.

“I think it will encourage a conversation,” he said. “Overcoming the ideological blinders is a very difficult thing in this Legislature with a governor who is so concerned about political opponents from the far right.”

Doggett said if Texas misses this opportunity yet again to expand coverage, it could become harder to negotiate these deals to cover uninsured costs. He also said he’s going to consider proposing legislation in Congress to work around the state – which would make it easier for major cities like Houston, Dallas, San Antonio and Austin to work directly with the federal government to get people covered.

State Sen. Nathan Johnson, a Democrat from Dallas, has been pushing for bipartisan approaches to expand coverage to Texans using Medicaid dollars, whether it’s a straight up expansion through the Affordable Care Act or thought one of these waiver programs.

“There’s definitely an acceptable — actually a very good — avenue available to the Legislature,” he said...

Overhaul of ERCOT board could replace experts with political appointees

Nathan Johnson is the key Democratic expert on energy in the Texas State Senate | Priorities: Nathan Johnson for Texas State Senate, District 16

State lawmakers are now trying to change the way ERCOT is governed by requiring members to live in Texas and giving more board seats to political appointees — changes that experts say may do little to improve the power grid.

By Mitchell Ferman, The Texas Tribune

During February’s deadly winter storm, Gov. Greg Abbott and many state lawmakers quickly criticized the Electric Reliability Council of Texas because several members of its large governing board reside outside Texas.

Many of the out-of-state board members are experts in the electricity field, but resigned following criticism of the agency’s oversight of the state’s main power grid during the storm that left millions of Texans without electricity for days in freezing temperatures.

State lawmakers are now trying to change the way ERCOT is governed by requiring members to live in Texas and giving more board seats to political appointees — changes that experts say may do little to improve the power grid.

One former board member who resigned after the storm, Peter Cramton, criticized legislation for politicizing the grid operator’s board.

“These people would be political types without electricity expertise,” he told The Texas Tribune.

The Texas House has already approved House Bill 10, which would remove independent outside voices on the ERCOT board and replace them with five political appointees. The governor would appoint three of those people, while the lieutenant governor and speaker of the House would each appoint one. None of the appointees would be required to be electricity experts. The only requirement is that appointees live in Texas.

Senate Bill 2, which has cleared the upper chamber, would give the governor five ERCOT board member appointments.

Politicians previously have not had such direct involvement in the ERCOT board, whose members are currently selected in a variety of ways. Some are chosen by ERCOT’s own nominating committee. Others are appointed by companies and consumers participating in the electricity market, with members representing various power sources.

The political appointees replace what are now called “unaffiliated members,” who mostly served as outside expert voices. The other board members currently represent regions across the state that make up the ERCOT grid as well as nonvoting members such as the chair of the Public Utility Commission, which oversees ERCOT.

Some power grid experts have said in legislative testimony, at industry events and in interviews that they don’t see how giving more power to the political class — and making minor tweaks like requiring all board members reside in Texas — could improve the grid operator.

“From the consumer standpoint, we really depend on those unaffiliated directors to make decisions that are in customers’ interest and in the interest of the overall health of the ERCOT market,” Katie Coleman, who represents Texas Industrial Energy Consumers, said at a recent industry conference.

On Monday, the Senate Jurisprudence Committee took up — but did not vote on — HB 10, the lower chamber’s high-priority legislation to change ERCOT’s governance. State Sen. Nathan Johnson, D-Dallas, raised concerns about the bill.

“We represent to the public that ERCOT is an independent agency, and yet under the various options we have before us between the two chambers, we’re appointing members politically,” Johnson said. “Doesn’t that undermine the notion of independence of ERCOT?”

State Sen. Charles Schwertner, R-Georgetown, acknowledged that “having political appointees has pluses and minuses.”

“Sometimes having a political appointee has the added advantage of understanding the political process,” Schwertner said. “Obviously the downside is they’re political appointees looking after the political interests of those that appoint them.”

ERCOT is overseen by the PUC. That entity already has political appointees: All three board members are appointed by the governor. Abbott had appointed all three members of the PUC who were in place leading up to and during the deadly winter storm. All three resigned after the storm.

On Monday, Schwertner argued in favor of HB 10 and asked for his colleagues’ support.

“After the Valentine’s Day storm and failure of our electric system, many Texans were alarmed to learn that many members of ERCOT’s board were not residents of Texas and were not experiencing many of the same hardships as many of our fellow Texans were suffering at that time,” Schwertner said. “Further, many legislators were frustrated by the lack of accountability on the board, especially regarding the members of the board that would be unaffiliated members.”

Cramton, the former ERCOT board member, is also an economics professor at the University of Cologne in Germany and an expert in electricity market design. He was one of the unaffiliated ERCOT board members who mostly served as outside expert voices.

“I doubt you could find an expert anywhere that would say eliminating the independent experts from the ERCOT board was an improvement,” Cramton said.

Another provision of both chambers’ legislation requires all board members to reside in Texas, which would prevent experts like Cramton from sitting on the ERCOT board in the future.

“I cannot imagine how this change could improve resilience to winter storms,” Cramton said.

Former PUC Chair Pat Wood, speaking at a recent industry conference alongside Coleman, echoed some of Coleman’s and Cramton’s concerns.

“You had the independent voice there to check market participants,” Wood said.

Caitlin Smith, an energy adviser in Austin and an ERCOT expert, raised concerns about political appointees who aren’t subject matter experts having access to critical information.

“If you’re looking at information and you don't understand what it's saying, I think that increases the risk of that critical information,” Smith said. “That’s for both keeping the grid on and preventing things like Enron.”

On Monday, the Senate Jurisprudence Committee took up — but did not vote on — HB 10, the lower chamber’s high-priority legislation to change ERCOT’s governance. State Sen. Nathan Johnson, D-Dallas, raised concerns about the bill.

“We represent to the public that ERCOT is an independent agency, and yet under the various options we have before us between the two chambers, we’re appointing members politically,” Johnson said. “Doesn’t that undermine the notion of independence of ERCOT?”