03-13829. Medicare Program; Demonstration: End-Stage Renal Disease-Disease Management  

  • [Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
    [Notices]
    [Pages 33495-33506]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 03-13829]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Centers for Medicare & Medicaid Services
    
    [CMS-5003-N]
    RIN 0938-ZA39
    
    
    Medicare Program; Demonstration: End-Stage Renal Disease--Disease 
    Management
    
    AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
    
    ACTION: Notice.
    
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    SUMMARY: This notice informs interested parties of an opportunity to 
    apply for a waiver allowing them to participate in the End-Stage Renal 
    Disease (ESRD) Disease Management Demonstration. We are planning a 
    demonstration that will increase the opportunity for Medicare 
    beneficiaries with ESRD to receive integrated disease management 
    services and to test the effectiveness of paying for services received 
    by these beneficiaries in a new way. The demonstration aims to test the 
    effectiveness of disease management models to increase quality of care 
    for ESRD patients while ensuring that this care is provided more 
    effectively and efficiently. The demonstration features two distinct 
    payment options: (1) Capitation, and (2) a fee-for-service bundled 
    payment option. Organizations participating under the capitation 
    payment option will be responsible for providing all Medicare covered 
    services for beneficiaries who choose to participate in the 
    demonstration. We plan to use risk-adjusted ESRD capitation rates being 
    developed for use in the demonstration. A similar system of payment 
    rates for ESRD is planned for the M+C program in 2005.
        Organizations participating under the fee-for-service bundled 
    payment model will provide disease management services and dialysis 
    services. They will receive payment for an expanded set of dialysis 
    services, which includes items additional to those included under the 
    current composite rate for outpatient dialysis services. Organizations 
    under this option will be required through disease management to 
    coordinate non-ESRD services, but will not have to provide or contract 
    for these services directly.
        Organizations under both capitation and fee-for-service bundled 
    payment models will be subject to a reconciliation around the risk-
    adjusted ESRD payment rate. Organizations under the capitation model 
    will be able to propose risk-sharing arrangements, which would allow 
    them to share any losses or gains with us. Applicants under the fee-
    for-service bundled payment model will share 50 percent/50 percent on 
    gains and losses (or a similar arrangement to assure budget 
    neutrality). The maximum amount of the incurred gain or loss for the 
    applicant under the fee-for-service bundled payment model will be the 
    amount of the additional payment for the expanded set of dialysis 
    services.
        A competitive application process will be used to select 
    organizations to participate in this demonstration. The demonstration 
    is planned for 4 years.
    
    DATES: Applications will be considered timely if we receive them on or 
    before September 2, 2003.
    
    ADDRESSES: Mail applications to: Department of Health and Human 
    Services, Centers for Medicare & Medicaid Services, Office of Research, 
    Development, and Information, Division of Demonstration Programs, Attn: 
    Sid Mazumdar, Mail Stop: C4-17-27, 7500 Security Boulevard, Baltimore, 
    Maryland 21244. Applications must be typed for clarity and should not 
    exceed 40 double-spaced pages, exclusive of the executive summary, 
    resumes, forms, and documentation supporting the cost proposal. Because 
    of staffing and resource limitations, we cannot accept applications by 
    facsimile (FAX) transmission. Applications postmarked after the closing 
    date, or postmarked on or before the closing date but not received in 
    time for panel review, will be considered late applications.
    
    FOR FURTHER INFORMATION CONTACT: Sid Mazumdar, CMS Project Officer, at 
    (410) 786-6673, or smazumdar@cms.hhs.gov.
    
    Eligible Organizations
    
        Potentially qualified applicants are companies experienced with 
    providing services to ESRD patients. The demonstration will be 
    especially appropriate for dialysis providers and disease management 
    organizations. It will also be open to Medicare+Choice organizations 
    and integrated health care systems.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    A. Problem
    
        Many Medicare+Choice organizations and private insurers have 
    realized the importance of the effective coordination of care for 
    persons with chronic conditions. The quality and cost of the care 
    generally can be improved through better integration of the delivery 
    system. The Medicare program is evaluating payment methods to create 
    incentives to improve the quality of care, encourage
    
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    the coordination of services, and control costs.
        Beneficiaries with (ESRD) are the only group eligible for benefits 
    under Medicare Parts A and B who are prohibited from enrolling in M+C 
    organizations, although a beneficiary who develops ESRD after enrolling 
    in an M+C plan may remain enrolled.
        Medicare coverage of individuals with ESRD was initiated in 1972 
    with the goal of providing life-saving treatment to patients with 
    chronic renal failure. Over 30 years, the number of individuals with 
    ESRD covered by the Medicare program has grown far beyond its expected 
    size and budget, from 7,000 patients in the first year to more than 
    350,000 in 2001. The ESRD population is currently growing at 7 percent 
    per year and has doubled in the past decade.
        In recent years, the ESRD population has accounted for an 
    increasing proportion of Medicare outlays. Between 1992 and 2001, 
    Medicare spending for outpatient dialysis services furnished by 
    freestanding facilities increased by about 10 percent per year. 
    Intravenous medications have also increased Medicare spending for ESRD. 
    Spending for injectible drugs increased from $1.3 billion in 1998 to 
    $2.3 billion in 2001. In 2001, Medicare expenditures for ESRD amounted 
    to $15 billion. The total Medicare cost for the ESRD program is 
    projected to more than double in the next 10 years.
    
    B. Approaches and Demonstration Project
    
        This demonstration follows an earlier ESRD managed care 
    demonstration. In 1993, the Congress required the Secretary to conduct 
    an ESRD Managed Care Demonstration Project. As a result of this 
    mandate, section 13567(b) of the Omnibus Budget Reconciliation Act 
    (OBRA) 1993, Pub. L. 103-66, we implemented a demonstration that 
    allowed ESRD patients to enroll in managed care settings. Participating 
    managed care organizations were to be responsible for the total medical 
    care of ESRD enrollees as well as provide specific case management 
    functions and additional benefits of utility to the ESRD population.
        Responding to our solicitation, three organizations joined the 
    demonstration; Kaiser Permanente in southern California, Health Options 
    Incorporated in Florida, and Xantus Corporation in Tennessee. Kaiser 
    Permanente and Health Options Incorporated remained in the 
    demonstration. Xantus discontinued demonstration operations in March 
    2000. The organizations that remained were a health maintenance 
    organization (HMO) and an HMO subsidiary, both with separate M+C 
    contracts.
        The CMS-sponsored evaluation for the project shows the 
    demonstration approach to be operationally feasible and the quality of 
    care was maintained or improved. Overall, the patients who were 
    enrolled in the demonstration reported high satisfaction, improved 
    quality of life, and positive clinical outcomes. The executive summary 
    of this report is available at http://cms.hhs.gov/researchers/reports/2002/execsum.pdf.
        We plan the new demonstration to foster more types of integrated 
    care for Medicare beneficiaries with ESRD. We seek to test innovative 
    approaches to integrating the chronic care management services for 
    patients with ESRD with other acute care services. Responding to 
    published research on the effectiveness of disease management methods 
    in treating ESRD patients, the demonstration aims to test the 
    effectiveness of disease management models to increase quality of care 
    for ESRD patients while ensuring that this care is provided more 
    effectively and efficiently. Disease management techniques are intended 
    to improve patient care and save money by coordinating interventions 
    and educating patients about managing ESRD and its comorbid conditions.
        National organizations have defined approaches to disease 
    management, in order to improve patient outcomes while containing 
    health care costs. Disease management programs tend to target persons 
    whose primary health problem is a specific disease, along with comorbid 
    conditions. Interventions tend to be highly structured and emphasize 
    the use of standard protocols and adherence to clinical guidelines.
        Common features to disease management include:
        [sbull] Identification of patients and matching the intervention 
    with the need.
        [sbull] Use of evidence-based practice guidelines.
        [sbull] Services designed to enhance patient self-management and 
    treatment plan adherence, including education and behavior modification 
    programs.
        Additional features essential for disease management of ESRD 
    include:
        [sbull] A central role for the nephrologist.
        [sbull] Management of the many comorbid conditions of ESRD.
        [sbull] Care managers with specialized knowledge of diet, 
    medications, total health status, and personal needs of ESRD patients.
        [sbull] Integrated administrative and financial arrangements among 
    providers of services to ESRD beneficiaries.
        The new demonstration includes three delivery models and two 
    payment models, or options. The delivery models are: (1) Managed care, 
    (2) models similar to the approach taken under the Program for All-
    Inclusive Care for the Elderly (PACE-type) under sections 1894 and 1934 
    of the Social Security Act, and (3) fee-for-service. The two payment 
    options are (1) capitation and (2) fee-for-service bundled payment. The 
    capitation payment option applies to both managed care and PACE-type 
    delivery models. The fee-for-service bundled payment delivery option 
    would apply only to the fee-for-service model. The delivery and payment 
    models have different implementation methods that are discussed in this 
    solicitation. For each model, the organization will take responsibility 
    for operations such as enrollment (capitation payment model), disease 
    management, care coordination, and financial management.
        An additional component to the demonstration payment method, for 
    both managed care and fee-for-service is an incentive payment for 
    quality. Under the demonstration, we will reserve five percent of the 
    payment, either capitation or bundled payment, to be available for 
    quality incentive payments. Capitation payments would be set at 95 
    percent of the risk-adjusted ESRD payment rate. Ninety-five percent of 
    the additional payment for an expanded bundle will be paid for the fee-
    for-service option.
        For both models, goals for a demonstration organization would be to 
    implement clinical protocols for common clinical events, as well as for 
    objectives as anemia management and diabetes management, and for 
    quality of care in areas such as dialysis treatment modality, 
    consideration for transplantation, post-transplantation follow-up, 
    management of vascular access, prevention of peritoneal catheter exit 
    site infections, and monitoring of dialysis adequacy. A site would 
    coordinate inpatient, outpatient, and home-based services, ensuring 
    continuity of care for multiple chronic care problems and 
    comorbidities, in particular, cardiovascular disease, hypertension, and 
    diabetes.
    
    II. Capitation Payment Model (Managed Care and PACE-Type Delivery 
    Models)
    
        Under the capitation payment model, organizations serving ESRD 
    patients would receive a risk-adjusted ESRD capitation payment in order 
    to test the effectiveness of disease management models in increasing 
    quality of care for
    
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    ESRD patients while containing costs. Organizations participating under 
    capitation arrangements would be responsible for managing the care of 
    ESRD patients and providing all Medicare covered services for enrolled 
    beneficiaries. Participating organizations may propose to cover 
    additional services that are not currently covered by Medicare. The 
    following are examples of these additional services:
        [sbull] Transportation.
        [sbull] Nutritional services.
        [sbull] Dental services.
        [sbull] Prescription drugs (full or limited).
        [sbull] Preventive care aimed at comorbidities.
        [sbull] Home care services.
        [sbull] Exercise programs.
        [sbull] Education on disease.
        [sbull] Counseling (including spiritual).
        [sbull] Diabetes management.
        [sbull] Cardiovascular management.
    
    Beneficiaries would agree, as a condition of participation in the 
    demonstration, to receive services through the participating 
    organization. Organizations responding must demonstrate capability to 
    identify beneficiaries for the demonstration, and they must be licensed 
    to bear risk. Organizations would be required to meet M+C conditions 
    regarding access and availability of care.
    
    A. Managed Care Model
    
        The managed care delivery model may be attractive to organizations 
    such as large dialysis providers and entities that currently offer M+C 
    plans. The optimal approach for these organizations would consider 
    arrangements with hospitals and other providers to service the entire 
    range of health care needs for ESRD patients, including 
    transplantation. These companies would coordinate referrals for the 
    comorbidities of ESRD patients and therefore should be able to manage 
    treatments to improve quality and reduce costs compared to fee-for-
    service. Care coordination has the potential to enhance the continuity 
    of patient care, improve clinical outcomes, and improve patient 
    satisfaction. Managed care organizations would contract with disease 
    management entities or directly provide disease management to all 
    participating beneficiaries.
        Studies have reported the growth over the past decade of for-profit 
    dialysis facilities and chains of dialysis facilities under common 
    ownership. According to a recent report, the five largest dialysis 
    corporations provide services to more than 70 percent of all dialysis 
    patients in the U.S. (Source: United States Renal Data System). The 
    capitation payment model will provide an incentive for these companies 
    to combine their services with those of other healthcare providers to 
    create efficient systems for the care of ESRD patients. The 
    demonstration also will capitalize on the clinical, financial, and 
    organizational expertise of independent dialysis companies. Other 
    companies, including single-or multi-site disease management companies, 
    have shown potential for cost savings through clinical and 
    organizational innovations. Networks that coordinate the entire range 
    of patients' care will enhance the continuity of care for illnesses and 
    conditions that impact ESRD patients. Since ESRD patients will choose 
    whether to participate or remain in fee-for-service, companies already 
    serving patients on a fee-for-service basis that participate in the 
    managed care model of this demonstration will be required to continue 
    these fee-for-service arrangements for patients who do not choose to 
    participate in the demonstration. However, it is expected that many, if 
    not all, will enroll.
    
    B. PACE-Type Model
    
        The PACE program provides for managed care services for very frail 
    community dwelling elderly, most of who are dually eligible for 
    Medicare and Medicaid. The PACE-type model is a variation of the 
    managed care model described above, although with greater emphasis on 
    patient care coordination. For the purposes of this project, the PACE-
    type model would be a delivery option, receiving no additional payment 
    beyond the risk-adjusted ESRD rates. In the PACE-type model, the 
    provider would ensure that all services, including those provided by 
    contracted providers, would be controlled by an interdisciplinary team 
    composed of professional and para-professional staff (for example, 
    physicians, nurse practitioners, registered nurses, licensed practical 
    nurses, occupational therapists, physical therapists, dietitians, day 
    health center supervisors, recreation therapists, social workers, 
    health workers, and drivers). The team would have responsibility for 
    assessing participant needs, formulating care plans, directly 
    delivering services, managing the care provided by contracted 
    providers, and providing ongoing monitoring of treatment outcomes. 
    Constant monitoring effectively would disclose potential needs for care 
    plan adjustments. The team also would have the responsibility for 
    maintaining high quality of care while simultaneously controlling 
    program costs.
        Organizations providing dialysis as well as other health care 
    services exclusively to ESRD patients may base their delivery system on 
    a variation of the PACE-type model emphasizing disease management 
    protocols and multidisciplinary team management at one central site. 
    Flexibility would be allowed in designing service delivery provisions, 
    to be negotiated during the period before implementation. Organizations 
    proposing the PACE-type model will not be required to only include dual 
    eligible ESRD beneficiaries.
    
    C. Eligibility Requirements
    
        For the capitation model, an applicant organization must have at 
    least preliminary arrangements with other organizations to assure the 
    integrated provision of all Medicare-covered services. We expect 
    organizations to select geographic areas where they will make 
    arrangements with hospitals and other providers to service the entire 
    range of Medicare covered health care needs of ESRD patients. All 
    services should be geographically accessible to all ESRD patients in a 
    service area (for example, within one hour or 50 miles of a patient's 
    residence). However, special transportation arrangements may be needed 
    to make transplant services available. Applications should include 
    discussion of proximity of service providers, including hours of 
    availability and other aspects of access. Maps would be useful. We 
    encourage programs to allow a wide choice of modalities, while 
    recognizing that for certain qualified applicants this choice is 
    necessarily limited to in-center dialysis only.
        All persons eligible for the Medicare ESRD benefit and in the 
    service area would have the opportunity to participate on a voluntary 
    basis except for patients who become eligible for the Medicare hospice 
    benefit prior to enrolling in the demonstration. Demonstration sites 
    could exclude patients according to particular criteria, including 
    those under 18 years old, if justified. The demonstration organization 
    would make clear that patient participation is entirely voluntary and 
    that the ESRD beneficiary who chooses not to do so remains entitled to 
    all Medicare-covered services.
        Information provided by the provider to beneficiaries would include 
    the network of providers who have contracted with the demonstration 
    organization, including dialysis facilities, hospitals, and transplant 
    surgeons, and that receiving services
    
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    through this network is a condition of participation in the 
    demonstration.
    
    D. Payment
    
        For the managed care and PACE-type models, we plan to use risk-
    adjusted ESRD capitation payment rates being developed for the 
    demonstration. These rates are part of the development of the 
    ``selected significant conditions'' model for M+C risk adjustment. A 
    similar set of payment rates for ESRD is planned for the M+C program in 
    2005. This risk adjuster will factor a greater number of comorbidities 
    into the payment. The capitation payment method would depend on an 
    organization's ability to submit data for relevant diagnoses recorded 
    during hospital inpatient stays, hospital outpatient visits and 
    physician visits. For the proposed new payment methodology for M+C 
    ESRD, see http://www.cms.hhs.gov/healthplans/rates/2004/45day-section-b.asp. The actual ESRD risk-adjusted payment rates for 2004 will be 
    available on our Web site in the near future.
        The methodology will pay separate payment rates for dialysis, 
    transplant, and post-transplant modalities. The organization would 
    submit monthly data indicating the modality status for enrollees. The 
    developmental phase for the demonstration would offer a period when CMS 
    and organizations would be able to work together to establish the 
    operational requirements of specific payment options. There will be no 
    phase-in of the risk adjusted ESRD rates for the demonstration--payment 
    will begin with one hundred percent, or full, risk adjustment. The 
    actual payment amount will be reduced by five percent, which will be 
    available later depending on performance on quality measures.
    
    III. Fee-for-Service Bundled Payment Model
    
        This delivery and payment model is appropriate for organizations 
    such as disease management companies, dialysis facilities, and 
    integrated health systems that will conduct disease management for ESRD 
    patients and provide dialysis services under a new bundled payment 
    methodology. Organizations will be expected to coordinate all services 
    utilized by patients receiving dialysis through the organization. They 
    will not be responsible for providing services other than disease 
    management and dialysis services, and Medicare will process and pay all 
    claims on a fee-for-service basis.
        However, the organizations will be partially at risk for expenses 
    incurred by Medicare for patients who receive dialysis services through 
    the organization. Annually, we will conduct a reconciliation, wherein 
    patients' total Medicare costs will be compared to what their risk-
    adjusted payment amounts would be. (See Financial Risk, below.) For the 
    purposes of the reconciliation, organizations will be accountable for a 
    patient's Medicare expenses until a patient either begins to receive 
    dialysis services in another dialysis facility or in a nursing home, 
    that is, the patient's care is no longer managed by the organization. 
    (As an example, if a patient receiving services in a demonstration 
    dialysis facility is admitted to a hospital and then returns to the 
    facility for dialysis, the Medicare cost for the hospital stay will be 
    counted as part of the demonstration organization's expenses.) Under 
    this payment option, the maximum amount of incurred gain or loss for 
    the organization will be equivalent to the total amount of the add-on 
    payment for the expanded bundle.
        The organization would identify distinct facilities that will 
    participate in the demonstration. To minimize favorable selection, all, 
    or nearly all, patients treated within the set of facilities that are 
    included in the demonstration would be paid for under the bundled rate. 
    The beneficiaries would be informed that the organization is 
    participating in a new payment and disease management project. The 
    organization would make special arrangements for those patients who 
    choose to opt out of the demonstration. An acceptable arrangement would 
    involve placing a patient who chooses to opt out in another facility, 
    while ensuring that location and transportation arrangements are 
    convenient for the patient. If this condition is not met, we would make 
    arrangements for these people to continue in the facility under a 
    separate payment from the demonstration. In addition, we would not 
    include dialysis patients in the demonstration who are members of M+C 
    plans.
        The demonstration payment for the bundle is constructed as an add-
    on to the otherwise applicable specific composite rate payment for each 
    geographic area, as listed in the CMS Program Memorandum for February 
    1, 2001 (Transmittal A-01-19). The expanded bundle add-on includes 
    payment for several classes of drugs: Erythropoietin, Levocarnitine, 
    phosphate binders, iron supplements, and Vitamin D analogs; necessary 
    laboratory tests; and radiology. (See appendix I for a full list of 
    items under the bundled payment.) Applicants for this option will have 
    the choice of also including vascular access services in the expanded 
    bundle add-on. Nearly all routine dialysis services are included in the 
    bundle. Other items and services will be separately billable outside 
    the bundle. Organizations will not be able to bill separately for items 
    in the bundle.
        The Medicare add-on payment for the expanded bundle not including 
    vascular access services is $71.63 per session. The add-on payment for 
    the bundle including vascular access services is $86.63. (These numbers 
    include a one percent deduction for Medicare savings.) These payments 
    do not include any potential co-payments and were calculated on 
    Medicare claims data from July 2000 through December 2001, and will be 
    used exclusively for this demonstration. We will update the payment for 
    the expanded bundle to reflect changes in Medicare payment levels.
        The add-on bundle rates include payment for disease management 
    services. Organizations must provide a detailed description of the 
    disease management services they will provide, including information on 
    their proposed interventions, the type and number of patients to whom 
    each intervention is targeted, and the frequency with which such 
    interventions are expected. Applicants should also describe how these 
    services will increase quality and reduce costs.
        In accordance with the withhold for quality, five percent will be 
    subtracted from the bundled payment rate. As described below, the five 
    percent will be available later depending on performance on quality 
    measures.
        In rare circumstances when patients use other dialysis facilities, 
    the organization will be responsible for reimbursing the facility at 
    Medicare fee-for-service payment levels. It will have received the 
    bundled payment on behalf of the beneficiary who is temporarily absent 
    from the geographic area. Applicants should consider in their proposals 
    what constitutes a temporary absence. The organization will continue to 
    provide disease management services and coordinate other Medicare 
    services while the patient is away.
        Applicants proposing the fee-for-service option with the bundled 
    dialysis payment should be aware that the implementation period will be 
    at least six months, because of significant bill-paying systems 
    changes. We will update the payment for the expanded bundle on an 
    annual basis to reflect changes in Medicare payment levels. Facilities 
    will be able to participate under this option for patients receiving 
    home dialysis services under Method I. Demonstration payments will not 
    be made for Method II home dialysis patients.
    
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    IV. Supplemental Coverage
    
        The demonstration will be open to ESRD beneficiaries for whom 
    Medicare is either primary or secondary payer. In the case of 
    demonstration participants for whom another payer is primary, the 
    demonstration organization must submit valid bills with the primary 
    payer to collect the appropriate payment amount as specified by the 
    demonstration's payment rules.
        To make the demonstration financially viable, participating 
    organizations may collect cost-sharing in the form of premiums, 
    deductibles, and co-payments to beneficiaries in lieu of the cost-
    sharing amounts for which beneficiaries are responsible under the 
    ordinary fee-for-service payment rules. To be financially attractive to 
    beneficiaries, these should have actuarial values that are lower than 
    current Medicare fee-for-service cost-sharing.
        A beneficiary participating in the demonstration may choose to 
    retain his or her Medigap policy. Participating organizations should 
    clearly explain to beneficiaries the advantages of retaining and risks 
    of discontinuing their Medigap coverage. Under the fee-for-service 
    bundled payment option, participating organizations will be able to 
    bill any supplemental insurance plan that the enrolled beneficiary 
    holds for cost-sharing purposes. If a secondary payer is Medicaid or a 
    group health plan, that payer may pay some or all of a beneficiary's 
    monthly premium for enrollment.
        Under the demonstration, an organization receiving a fully 
    capitated payment may pursue the possibility of billing existing 
    Medigap policies held by a beneficiary participating in the 
    demonstration, or bill Medicaid, for the amount of cost-sharing that 
    otherwise would be paid under Medicare fee-for-service. The 
    demonstration organizations may attempt to make such arrangements with 
    Medigap plans, State Medicaid agencies, and State insurance regulators.
        Beneficiaries participating in the capitation demonstration will 
    have the option of terminating supplementary coverage. In these cases, 
    the selected demonstration organizations must work with the 
    beneficiaries to ensure that either their policy is maintained at the 
    end of the demonstration, or that beneficiaries understand that if they 
    drop supplemental coverage, enrollment in their supplemental plans is 
    not guaranteed at the end of the demonstration. It will be incumbent on 
    the demonstration organizations to provide proper notice to potentially 
    participating beneficiaries about their Medigap rights if the 
    individual's participation in the demonstration ceases. Specifically, 
    the demonstration organization should be explicit in its marketing 
    information to beneficiaries about the scope of rights that accrue to 
    patients under age 65 in the particular State.\1\
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        \1\ Generally, an individual who voluntarily disenrolls from a 
    managed care demonstration will not have guaranteed issue rights. If 
    an individual is enrolled in a managed care demonstration and 
    enrollment ceases under circumstances set forth in section 
    1851(e)(4) of the Act (for example, the demonstration is 
    terminated), the individual will have the right to buy certain 
    Medigap plans on a guaranteed issue basis (generally Plans A, B, C 
    or F). This right generally will not accrue to an individual who 
    wishes to voluntarily disenroll from the managed care demonstration. 
    It also generally will not apply if an individual is enrolled in the 
    fee-for-service model of the demonstration, since the statutory 
    provision in section 1882(s)(3)(B)(iii) of the Act provides 
    guaranteed issue rights to individuals in a managed care 
    organization.
        If an individual drops a Medigap policy to enroll in the ESRD 
    managed care demonstration and it is the first time the individual 
    has enrolled in Medicare managed care, that individual has a 12-
    month trial period. The individual may disenroll from the 
    demonstration within the first 12 months and purchase his or her 
    former Medigap policy, if it is still available from the same 
    issuer. If the former policy is not available, the individual can 
    buy Medigap Plans A, B, C, or F. Individuals who join the 
    demonstration upon first becoming eligible for Medicare Part A at 
    age 65 would not have ``trial period'' rights.
        It is important to note that Federal law does not require a 
    Medigap open enrollment period for beneficiaries under age 65, so 
    Medigap insurers do not have to sell policies to this population. 
    State law governs what Medigap choices are available to Medicare 
    beneficiaries under age 65. Currently, twenty-two States have laws 
    that provide Medigap rights to beneficiaries under 65. The Medigap 
    plans available to the under-65 population vary by State.
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        If the beneficiary intends to cancel a Medigap policy and if the 
    arrangements with the supplemental insurer do not guarantee that the 
    beneficiary has the same coverage at the end of the demonstration, it 
    must be clear that the beneficiary chooses to participate in the 
    demonstration with full knowledge of this possibility. Providers and 
    beneficiaries are advised that the demonstration is time-limited, and 
    that dropping a Medigap policy presents a significant risk. We will 
    ensure that demonstration organizations communicate the advisability of 
    maintaining Medigap coverage to potential participants.
        When demonstration awards are made, the Terms and Conditions will 
    require that the awardee submit for our approval a Phasedown Plan 
    explaining how demonstration participants are to be assisted in 
    converting back to previous insurance coverage and fee-for-service care 
    at the conclusion of the demonstration, as well as during the project. 
    This requirement will apply to organizations under both capitation and 
    fee-for-service bundled payment models.
    
    V. Financial Risk
    
    A. Risk-Bearing Requirements
    
        We will work with organizations that have requested capitation 
    payment in the pre-implementation period to assure they meet the risk-
    bearing requirements under their State. We will consider the individual 
    circumstances of the provider in relation to State law and the 
    demonstration project, but we cannot exempt organizations from State 
    law. Organizations will be required to meet all of the State's 
    insurance requirements to the extent applicable. There is no risk-
    bearing licensure requirement for the fee-for-service model.
    
    B. Risk Sharing
    
        Organizations may propose risk-sharing arrangements under either 
    the capitation or fee-for-service bundled payment options. If risk 
    sharing is included for the capitation option, a year-end 
    reconciliation will be conducted to compare an actual Medical-Loss-
    Ratio (MLR) to a target Medical-Loss-Ratio. Any differences, either 
    gains or losses, would be shared on a symmetrical basis by the 
    organization and us. As part of the proposal, organizations should 
    submit a projected revenue and expense statement showing calendar year 
    2004 estimated per member per month Medicare revenue and member 
    premium; benefit expenses (hospital inpatient, hospital outpatient, 
    dialysis, professional, other Medicare services, and non-Medicare 
    services); and administrative expenses. The statement should show any 
    co-payment credits for the various services and reflect payment from 
    Medicaid or supplemental insurers. A target MLR will result from the 
    ratio of benefit expenses to revenues. One year after the end of each 
    operational year, the organization should send a certified actual 
    revenue and expense report to determine the actual MLR.
        If risk sharing is proposed, there should be three calculations of 
    projected savings/losses--optimistic or best case assumptions, expected 
    or normal assumptions, and pessimistic or worst-case assumptions. 
    Budget neutrality should be assessed for each situation. The risk-
    sharing proposal must include a 2 percent full-risk corridor above and 
    below the targeted Medical-Loss-Ratio. In addition, prior to awards, we 
    will work with applicants to determine whether the proposed Medical-
    Loss-Ratio is set at a level where the risk-
    
    [[Page 33500]]
    
    sharing arrangement is projected to be budget neutral under expected or 
    normal assumptions. If risk sharing is proposed for the capitation 
    model, we will share risk only on medical benefit expenses. 
    Administrative expenses must be reasonable and consistent with prior 
    practices. Applicants can propose the percentages of risk sharing and 
    risk corridors, but these must be symmetrical, for example, 50 percent 
    organization/50 percent CMS beyond the 2 percent full risk corridor; 40 
    percent organization/60 percent CMS beyond the 2 percent full risk 
    corridor on gains and losses. Seventy-five percent is the most we will 
    share on gains or losses.
        For the fee-for-service option, a CMS reconciliation will be 
    conducted to compare total Medicare payments made on behalf of patients 
    receiving dialysis and disease management services to total risk-
    adjusted ESRD payments that would have been received under the 
    capitation payment model (minus the dollar amount of the one percent 
    subtracted from the payment for the expanded bundle). It is expected 
    that through efficiencies generated by disease management and a bundled 
    dialysis payment, organizations will break even or achieve overall 
    savings. Similar to the capitation model, there will be a 2 percent 
    full-risk corridor above and below the targeted payment amount. 
    Organizations will share with CMS 50 percent/50 percent on gains and 
    losses resulting from the reconciliation beyond the full-risk corridor 
    on gains and losses (or a similar arrangement to assure budget 
    neutrality). The maximum amount of incurred gain or loss will be 
    equivalent to the amount of the add-on payment for the expanded bundle. 
    For the purposes of the reconciliation, organizations will be 
    responsible for a patient's Medicare expenses until a patient either 
    begins to receive dialysis services in another dialysis facility or in 
    a nursing home. A 12-month period will be allowed for claim lag.
        Similar to the capitation model, fee-for-service applicants should 
    outline calculations of budget neutrality under optimistic or best-case 
    assumptions, expected or normal assumptions, and pessimistic or worst-
    case assumptions.
    
    VI. Legislative Authority
    
        Depending on the model chosen by the applicant and approved by us, 
    the demonstration project and the waivers granted to permit it would be 
    authorized by one of two statutory provisions, or by both such 
    provisions. The original ESRD managed care demonstration described 
    above was, as noted, conducted in accordance with specific 
    Congressional authority for such a demonstration in the context of 
    ``Social HMO'' or ``SHMO'' demonstration projects. The managed care 
    model demonstrations, as well as those we are referring to as ``PACE-
    type'', would be authorized under this broad authority. These types of 
    demonstration models would also be authorized by the authority in 
    section 402 of the Social Security Amendments of 1967, 42 U.S.C. 
    section 1395b-1, which permits demonstrations, testing ``changes in 
    methods of payment'' and the waiver of rules relating to payment, as 
    well as the coverage of services not otherwise covered by Medicare. In 
    the case of a fee-for-service demonstration model, this latter 
    authority would authorize the demonstration.
    
    A. SHMO Authority
    
        Section 2355 of the Deficit Reduction Act of 1984 (Pub. L. 98-369) 
    required the Secretary to approve applications to carry out SHMO 
    demonstrations to provide for the integration of health and social 
    services under the direct financial management of a provider of 
    services. Up to four additional projects were mandated by section 
    4207(b)(4) of the Omnibus Budget Reconciliation Act (OBRA) of 1990, 
    Pub. L. 101-508. (This authority, as amended, is referred to as SHMO 
    II.) In accordance with the previous demonstration, we are interpreting 
    the term ``project'' to refer to the overall demonstration project, and 
    that a significant number of organizations can participate in the 
    proposed demonstration.
        Section 13567(b)(2)(B) of the Omnibus Budget Reconciliation Act of 
    1993 (Pub. L. 103-66) mandated that these demonstration waivers be 
    extended through the end of 1997 and required at least one of the four 
    new projects: ``to demonstrate * * * the effectiveness and feasibility 
    of innovative approaches to refining, targeting and financing 
    methodologies and benefit design, including the effectiveness and 
    feasibility of integrating acute and chronic care management for 
    patients with end-stage renal disease through expanded community care 
    case management services.''
        The Congress subsequently mandated that these demonstrations be 
    extended. Section 631 of the Medicare, Medicaid and SCHIP Benefits 
    Improvement Act of 2000 (BIPA) mandated an extension through August of 
    2003. While under current statute, a mandate that the demonstrations 
    continue would expire on that date; we believe that to the extent a 
    demonstration is otherwise permitted under the SHMO authority, it can 
    be conducted under this authority subsequent to this date.
        The Congress in Section 4207(b) of the Omnibus Budget 
    Reconciliation Act of 1990 provided authority to waive ``any 
    requirements of titles XVIII or XIX of the Social Security Act that, if 
    imposed, would prohibit such project from being conducted.''
    
    B. Section 402 Authority
    
        Section 402(a)(1)(A) of the Social Security Amendments of 1967, 42 
    U.S.C. section 1395b-1(a)(1)(A), authorizes the Secretary to develop 
    and engage in demonstrations ``* * * to determine whether, and if so 
    which, changes in the method of payment or reimbursement * * * for 
    health care and services under health programs established by the 
    Social Security Act * * * would have the effect of increasing 
    efficiency and economy of health services under such programs through 
    the creation of additional incentives to these ends without adversely 
    affecting the quality of such services * * *.'' Section 402(a)(1)(B), 
    42 U.S.C Sec.  1395b-1(a)(1)(B) authorizes a demonstration to determine 
    whether covering services not otherwise covered by Medicare (in this 
    case, disease management services) would result in more economical 
    provisions of Medicare covered services.
        Under section 402(b) of the Social Security Amendments of 1967 (42 
    U.S.C. 1395b-1(b)), the Secretary may waive requirements in title XVIII 
    that relate to reimbursement or payment. This authority will allow 
    payment on a capitation basis rather than under the Medicare fee-for-
    service rules, and would allow fee-for-service/bundled payment and risk 
    sharing around a traditional fee-for-service payment system. Section 
    402(a)(2), 42 U.S.C. Sec.  1395b-1(a)(2), authorizes Medicare trust 
    funds to cover the costs of the additional services under section 
    402(a)(1)(B).
    
    VII. Quality Assurance and Improvement
    
    A. Quality Indicators
    
        Under the demonstration, we would link financial incentives to 
    improvements in quality outcome indicators. Five percent of the 
    capitation or expanded bundle payment rates will be reserved for 
    incentive payments related to quality improvement activities.
        For determining the incentive payment, we will use indicators 
    profiled in the ESRD Clinical Performance Measures (CPM) Project. 
    Indicators for the incentive payment will include adequacy of dialysis, 
    anemia
    
    [[Page 33501]]
    
    management, serum albumin, bone disease, and vascular access.
        Organizations will be able to earn all or part of the five percent 
    withheld for quality. For each of the five measures, an organization 
    will earn one half of one percent for achieving either of the 
    improvement or the threshold targets outlined below. Appropriate 
    targets will be used for patients receiving peritoneal dialysis. For 
    each measure, the amount of incentive would be weighted according to 
    the proportion of hemodialysis to peritoneal dialysis patients.
        The demonstration will require further indicators for the 
    evaluation of disease management efforts. Although not representing 
    factors in the calculation of the financial incentive, organizations 
    will be monitored for quality indicators measuring potential outcomes 
    of disease management. Indicators of particular interest include blood 
    pressure control, comprehensive diabetes care, adult immunizations, 
    measures of successful transplantation or referrals for transplant 
    evaluation, quality of life (QoL or CAHPS surveys), patient safety, 
    psychiatric evaluation, referral and follow-up, and the percentage of 
    referrals with consult and discharge summaries. The evaluation of the 
    demonstration will assess all available measures of quality of care in 
    the context of the demonstration. In addition, the demonstration will 
    require at its initiation an updated Form CMS-2728 (that is, ESRD 
    Medical Evidence Report Medicare Entitlement and/or Patient 
    Registration) to be submitted for each patient. The 2728 will be used 
    as a baseline for patient demographics, clinical lab values, and co-
    morbid conditions. This baseline data will be used along with the CPM 
    Data to monitor patient enrollment so that selection bias is minimized. 
    They will also be used for patient care monitoring to ensure that 
    patients receive at least the same level of medically necessary 
    services and medications as determined by the patient's phyisican as 
    they received, prior to enrollment.
    
    B. Incentive Payment for Quality
    
        There will be two kinds of quality outcome targets--targets for an 
    organization's improvement over time and those that measure an 
    organization against a predetermined threshold level that takes into 
    account nationwide performance for a quality indicator.
        Improvement targets would be set using a methodology that bases the 
    target on improvements in the ``quality deficit''. The quality deficit 
    would be defined as 100 percent minus the organization's actual rate 
    for assigned beneficiaries in the previous year. Improvement targets 
    would be set at 10 percent over the deficit from 100 percent. Threshold 
    targets would be set at 20 percent above the nationwide percent deficit 
    from 100 percent.
    
    Improvement Target = [Percent of patients in previous year meeting 
    quality indicator + (10 percent * (100 percent-Percent of patients in 
    previous year meeting quality indicator))]
    Threshold Target = [Nationwide percent of patients meeting quality 
    indicator + (20 percent * (100 percent-Nationwide percent of patients 
    meeting quality indicator))]
    
        The targets would be re-evaluated annually. Each measure would be 
    worth an equal proportion of the total five percent reserved for 
    quality improvement. Allowing organizations to earn incentive payments 
    by meeting/exceeding either predefined thresholds or improvement 
    targets would require bigger improvements for low performers than high 
    performers and would take into account that it may be more difficult to 
    improve on already high performance.
    Example
    (Quality Indicator: Adequacy of Hemodialysis, Percent of patients 
    receiving hemodialysis with KT/V = 1.2. Nationwide Percent: 
    86 percent, Source: 2001 Annual Report on ESRD Clinical Performance 
    Measures Project)
        For Organization A, 80 percent of hemodialysis patients in the 
    previous year had a Kt/V = 1.2.
        [sbull] The organization's improvement target would be 82 percent 
    [80 percent + (10 percent * (100-80))].
        If 82 percent of the organization's hemodialysis patients have a 
    Kt/V = 1.2 in the operational year, the organization would 
    earn half of the incentive payment for this quality indicator for 
    meeting the improvement target.
        [sbull] The nationwide percent of patients with Kt/V = 
    1.2 is 86 percent; therefore, the threshold target is 88.8 percent [86 
    percent + (20 percent * (100-86))].
        If 89 percent of the organization's hemodialysis patients have a 
    Kt/V = 1.2 in the operational year, then the organization 
    would earn half of the incentive payment for this quality indicator for 
    meeting the threshold target.
    
    C. Clinical Quality Data Collection
    
        For quality data assurance, we would use the Clinical Performance 
    Measures Project data system, which is administered by the Quality 
    Measurement and Health Assessment Group, Center for Beneficiary 
    Choices, CMS. The CPM Project would provide data within 9 to 12 months 
    for all five measures discussed above. By way of contrast, data using 
    claims are less complete and take longer to obtain. Currently, CPM data 
    are collected annually over a three-month time frame. For the 
    demonstration, we intend to collect these data quarterly to examine 
    trends more closely. Although the current CPM project only reports 
    these indicators for a small percentage of dialysis patients, this 
    demonstration would require a 100 percent reported sample. A CMS pilot 
    project under development for electronic submission of clinical ESRD 
    data may be ready within the next year. If feasible, we would require 
    demonstration sites to utilize this system. The developmental period 
    will be used to verify the details of reporting for individual sites, 
    for example, how values will be established for patients with multiple 
    observations in a quarter.
    
    D. Quality Improvement
    
        An optimal organization would include an approach to improving and 
    ensuring quality of care for Medicare ESRD patients. Quality of care 
    strategies would be beneficial if they are patient-centered and focus 
    on outcomes of care and could be measured and monitored. The quality 
    improvement program would include the following features:
        [sbull] Written quality improvement policies and procedures
        [sbull] Written patient education program
        [sbull] A standing quality improvement committee
        [sbull] Patient grievance and appeal systems
        [sbull] Provider credentialing system
    
    VIII. Budget Neutrality
    
        This demonstration must be budget neutral. This means that the 
    expected costs that are incurred to Medicare for each site under the 
    demonstration can be no more than the expected costs were the 
    demonstration not to occur. Before awards are made, our actuaries will 
    review and approve documentation to support budget neutrality 
    calculations.
    
    IX. Evaluation and Reporting Requirements
    
        We plan to award a separate contract to evaluate the ESRD 
    demonstration. Awardees for the demonstration would agree to cooperate 
    with our evaluation contractor, including participation in periodic 
    site visits and providing information necessary to conduct the 
    evaluation. The specific requirements for sites related to the 
    evaluation of the demonstration would be finalized once
    
    [[Page 33502]]
    
    an evaluation contract has been awarded.
        In addition, awardees under the fee-for-service bundled payment 
    option will be required to provide line item billing for all non-
    composite expanded bundle services. For both capitation and fee-for-
    service bundled payment options, ability to submit data under the CPM 
    project will be beneficial.
    
    X. Submission of Applications
    
    A. Purpose
    
        This notice solicits applications for demonstration projects that 
    increase the opportunity for Medicare beneficiaries with ESRD to 
    receive integrated care management. The demonstration aims to test the 
    effectiveness of disease management models to increase quality of care 
    for ESRD patients while ensuring that this care is provided more 
    effectively and efficiently.
        Participating organizations will be able to solicit participation 
    in the demonstration by patients whom they currently treat in the fee-
    for-service system as well as new patients. Organizations under both 
    capitation and fee-for-service bundled payment models will be subject 
    to a reconciliation around the risk-adjusted ESRD rates. (For the fee-
    for-service bundled payment option, one percent of the amount of the 
    add-on to the bundled payment will be subtracted from this target.) 
    Organizations under the capitation model will be able to propose 
    symmetrical risk sharing arrangements around a two percent corridor, 
    which would allow them to share any losses or gains with us. Applicants 
    under the fee-for-service bundled payment model will share around a two 
    percent corridor with CMS 50 percent/50 percent on gains and losses. 
    The maximum amount of incurred gain or loss will be equivalent to the 
    amount of the add-on payment for the expanded bundle. An incentive 
    payment for quality is also included in the demonstration. The 
    demonstration is planned for four years.
    
    B. Submission of Applications
    
        Each applicant organization is to submit one application regardless 
    of the number of proposed demonstration sites. The application is to be 
    coordinated and submitted by a component of the organization that 
    currently treats or organizes the treatment of ESRD patients. If 
    applicable, variations related to proposed sites should be outlined in 
    the application text or supplemental materials.
        We are seeking innovative proposals from qualified organizations 
    that can test whether care of Medicare beneficiaries with ESRD can be 
    more efficiently and effectively provided using models involving 
    disease management, and whether clinical outcomes can be improved with 
    a cost that is budget neutral to the Medicare program.
        Interested organizations are able to use the capitation and fee-
    for-service bundled payment models outlined in this solicitation. 
    Organizations in the demonstration will adopt one of the managed care, 
    PACE-type or fee-for-service bundled payment delivery models. For the 
    capitation models, the entire range of medical needs of ESRD patients 
    must be addressed through a network of contracted or affiliated 
    providers.
        In order to be considered for review by the technical review panel, 
    applicants must submit their applications in the standard format 
    outlined in our Medicare Waiver Demonstration Application. Applications 
    not received in this format will not be considered. The Medicare Waiver 
    Demonstration Application may be accessed at the following Internet 
    address: http://www.cms.hhs.gov/healthplans/research. The application 
    outlines all application requirements including the format and content 
    requirements.
        Queries for the narrative portion of the application should be 
    submitted in writing by mail, fax, or e-mail to: Sid Mazumdar, 7500 
    Security Boulevard, C4-17-27, Baltimore, MD 21244-1850: FAX: 410 786-
    1048, E-mail: smazumdar@cms.hhs.gov, or ESRDDEMO@cms.hhs.gov.
        Applications should be sent to: Sid Mazumdar, Project Officer, 
    Division of Demonstration Programs, Centers for Medicare & Medicaid 
    Services, C4-17-27, 7500 Security Boulevard, Baltimore, MD 21244-1850.
    
    C. Evaluation Process and Criteria
    
        If the application meets the basic eligibility requirements (that 
    is, responds to all components of the solicitation), it will be 
    referred to a technical review panel for evaluation and scoring. Panels 
    of experts from the government or private sector will conduct an 
    independent review. The panelists' comments and evaluations will be 
    transcribed into a summary statement that will serve as the basis for 
    award decisions. The panelists' evaluations will contain numerical 
    ratings based on the rating criteria specified in this section, the 
    ranking of all applications, and a written assessment of each 
    application. In addition, we will conduct a financial analysis of the 
    recommended proposals and evaluate the proposed projects to assure that 
    they are budget neutral.
        The evaluation criteria and weights are described below. These 
    criteria are intended to identify specific information that will be 
    useful for evaluating the application for the ESRD Disease Management 
    Demonstration and how the applicant will be evaluated on that 
    information in accordance with the Medicare Demonstration Waiver 
    Application referenced above.
    1. Purpose of Project/Statement of Problem (10 points)
        The applicant will be evaluated on how it defines the purpose of 
    the ESRD demonstration project, that is, the specific goals and 
    objectives to be achieved, and how taking part in the demonstration 
    will lead to these goals. A successful applicant should include an 
    explanation of its ability to manage care, access, additional benefits, 
    and costs for ESRD patients. A successful application would also 
    include specific indicators that could be used to measure these goals 
    and, if possible, appropriate comparison groups.
    2. Technical Approach (40 points)
        (a) Organizational Structure and Service Delivery Capacity. 
    Organizations may consist of single or multiple sites, and the central 
    component may be an organization other than a dialysis company (for 
    example, an organization specializing in disease management). If the 
    central component of the demonstration organization is a disease 
    management or other kind of organization, it would have established 
    relationships with facilities that provide dialysis services.
        (b) Description of Sites Specific to the Demonstration. Applicants 
    will be evaluated on their operational structure. In addition, an 
    applicant will be evaluated on its explanation of how its 
    organizational components will coordinate to provide medical treatment 
    and disease management to ESRD patients. It will also be evaluated on 
    the experience and background of its component parts in serving ESRD 
    patients.
        An applicant organization may propose to operate the demonstration 
    at more than one site. The applicant will identify which of the three 
    delivery options--managed care, PACE-type, or fee-for-service bundled 
    payment options it chooses for the demonstration, as well as explain 
    the nature of any affiliations with providers, persons, and 
    organizations. An applicant for the capitation option will also be 
    evaluated
    
    [[Page 33503]]
    
    on how it will provide non-ESRD medical services to its population.
        Applicants will be evaluated on their infrastructure to carry out 
    the selected delivery model. This may include:
        [sbull] Facilities.
        [sbull] Equipment.
        [sbull] Appropriate information and financial services.
        [sbull] Ability to handle claims to pay providers (for the managed 
    care and PACE-type models).
        [sbull] Composition of the multidisciplinary team and how the team 
    will function (for the PACE-type model).
        [sbull] Any special arrangements that may be needed to make 
    transplant services available.
        Applicants under all three delivery options--managed care, PACE-
    type and the fee-for-service bundled payment--should identify the 
    dialysis facilities where services will be provided, and how patients 
    receiving services in those facilities will receive information about 
    the demonstration project, including information on the advantages of 
    retaining and risks of discontinuing Medigap coverage. It is expected 
    that the bundled payment will be for all patients at the facility. In 
    the event that a patient does not want to receive services at the 
    facility, the applicant organization should identify other dialysis 
    facilities conveniently located and with openings so as to allow a 
    patient to receive services. If such a facility is not located within a 
    reasonable distance, the applicant organization should state how it 
    will accommodate patients who do not wish to participate. Applicants 
    should also address what arrangements it will make for traveling 
    patients who receive care in other facilities.
        Whether an applicant proposes to serve a disadvantaged population 
    or area will be an important consideration as to whether it is selected 
    for the demonstration. Applications will be evaluated on how they 
    propose to reach out to minorities or other disadvantaged individuals. 
    A demographic profile of the service area, including estimated numbers 
    of ESRD patients by age, sex, race and ethnicity, treatment status/
    modality and poverty status, along with any relevant socioeconomic or 
    transportation issues, will be considered in determining the 
    demonstration site's potential for assisting a disadvantaged population 
    or area.
        (c) Disease Management Features. Applicants will be evaluated on 
    their disease management program, including their understanding of the 
    role of the nephrologist in the care of the ESRD patient and the role 
    of the care manager in providing or coordinating services beyond the 
    dialysis facility. In addition, applicants will be evaluated on:
        [sbull] The proposed disease management services and how they will 
    increase quality and reduce costs.
        [sbull] The proposed roles of the physician, case managers, and 
    other appropriate staff such as advanced practice nurses, in planning 
    for and coordinating the care of ESRD patients.
        [sbull] The schedule of visits with the nephrologist and frequency 
    of dialysis.
        [sbull] The methods of training to ensure a team of care managers 
    with specialized knowledge of diet and medications, as well as other 
    personal needs of ESRD patients.
        [sbull] How multidisciplinary teams will be used to serve ESRD 
    patients, including the composition of these teams and proposed 
    activities.
        [sbull] The development and use of protocols to guide case 
    managers' activities.
        [sbull] If applicable, accreditation specific to disease management 
    by a national organization.
        (d) Service Package
        Under the capitation option, all Medicare-covered services are to 
    be provided. If a demonstration organization participates in a State 
    Medicaid program, then it must work with that State program to meet its 
    requirements. Applicants will be evaluated on their experience with the 
    special clinical, service, and social support needs of the ESRD 
    population and any measures they plan to take to enhance these measures 
    in the demonstration. Applicants will be evaluated on their ability to 
    offer patients a wide choice of treatment modalities, although it is 
    recognized that certain providers may be limited in offering this 
    choice.
    3. Financial and Organizational Capability (35 points)
        (a) Ability to Bear Risk. Applicants must be in compliance with 
    State laws and regulations. Any activities undertaken by an 
    organization under the capitation payment model cannot place the 
    organization in conflict with State requirements on financial risk-
    bearing. If applicable, applicants will be evaluated on their ability 
    to meet risk-bearing requirements.
        (b) Ability to Meet Enrollment Projections. Applications will also 
    be evaluated on how many beneficiaries are expected to be treated each 
    year at each site. Under the capitation options, the applicant will be 
    evaluated on its marketing strategy, including its plans to enroll both 
    current and new patients to the demonstration. In addition, the 
    applicant will be evaluated on how it explains how beneficiaries will 
    be informed about supplemental insurance (Medigap) policies and 
    protections. The applicant may restrict eligibility of enrollees by age 
    or other criteria, as long as it gives an acceptable justification.
        (c) Staffing. Applicants will be evaluated on demonstrated 
    expertise among key personnel, including the following:
        [sbull] Clinical knowledge and experience, including nephrology.
        [sbull] Managed care and disease management expertise.
        [sbull] Financial management expertise.
        (d) Financial and Organizational Provisions. Applicants will be 
    evaluated on the attractiveness to beneficiaries of Medicare cost-
    sharing arrangements under the demonstration.
        Applicants choosing either the capitation payment or fee-for-
    service bundled payment options will be evaluated on their projection 
    for attaining budget neutrality for the Medicare program. Applicants 
    for the fee-for-service bundled payment option should include the 
    expanded bundle payment as a medical expense, and project budget 
    neutrality by comparing the payment to costs savings from the disease 
    management intervention on an annual basis. Applicants should justify 
    their proposed cost savings by projections of reduced utilization, 
    references to disease management literature, and the organization's 
    experience. An applicant for the fee-for-service bundled payment option 
    should estimate the amount of ESRD and non-ESRD Medicare claims for its 
    patient population.
        If proposing risk sharing for the capitation option, an applicant 
    will be evaluated on the quality of their projected revenue and expense 
    statements, as well as on their analysis of budget neutrality. An 
    applicant for the capitation option will be evaluated on the 
    appropriateness of its Medical Loss Ratio.
        (e) Ability to Implement. The applicant's organization will be 
    evaluated on the basis of its ability to effectively develop and 
    implement this demonstration project (including evidence of approval by 
    governing boards), commitment of funds to planning and development, and 
    formation of multi-disciplinary and cross-component task forces. The 
    demonstration allows organizations to shift from treating patients in 
    fee-for-service to treating them in managed care. Applicants choosing 
    the managed care or PACE-type delivery option must explain how this 
    change in service delivery will be completed, including
    
    [[Page 33504]]
    
    articles of incorporation and protocols for patients. The applicant 
    should state how these elements will impact care, as well as service 
    integration, utilization, access and availability.
        Also, the applicant will be judged on its experience in conducting 
    projects of similar clinical scope and organizational complexity as 
    that proposed for the demonstration.
        (f) Information Systems and Management Plan. Applicant 
    organizations will be evaluated on whether they have sufficient 
    management and clinical information systems and reporting mechanisms to 
    implement the demonstration, including the ability and commitment to 
    provide individual health status (for example, the Health Outcomes 
    Survey) and utilization data. In addition, the applicant should 
    delineate the information that will be collected to support this 
    demonstration, for example, the CMS 2728 (both for new patients and 
    existing patients pending demonstration entry), line item costs for 
    prescribed medications, labs, radiology and other services, all 
    comorbid conditions, patient demographics and facility characteristics.
    4. Capability for Quality Assessment and Improvement (15 points)
        Under the demonstration, we will link financial incentives to 
    improvements in quality outcome indicators.
        Knowledge and participation in our ESRD Clinical Performance 
    Measures Project will be beneficial.
        Applicants will also be evaluated on their quality improvement 
    system, including the following:
        [sbull] Written quality improvement policies and procedures.
        [sbull] A standing quality improvement committee.
        [sbull] Patient grievance and appeal systems.
        [sbull] Provider credentialing system.
        [sbull] Organizational modification methodology for applicants 
    planning to shift from fee-for-service to the managed care model.
        An organization's application will be evaluated on how it will 
    measure improvements in health outcomes attributable to its disease 
    management interventions.
    
    XI. Final Awards
    
        From among the most highly qualified applicants, the final 
    selection of projects for the demonstration will be made by the 
    Administrator and will take into consideration a number of factors, 
    including operational feasibility, budget neutrality, geographic 
    location, and program priorities (such as testing a variety of 
    approaches for delivering services, targeting beneficiaries, and 
    payment). We reserve the right to determine the scope of the project, 
    which includes limiting the number of awards and beneficiaries covered 
    under the demonstration. In evaluating applications, we rely on our 
    past experience with successful and unsuccessful demonstrations. We 
    expect to make the awards in 2003.
    
    XII. Collection of Information Requirements
    
        The application and instructions associated with this solicitation 
    are approved under OMB control number 0938-0880, with a current 
    expiration date of 05/31/03. We have requested a three year extension 
    of the application. Pending OMB approval, this current application is 
    valid through the interim period. The form and instructions can be 
    obtained from the CMS web site referenced elsewhere in this notice.
    
    Appendix I: Services Included in the Expanded Dialysis Bundle
    
    A. Drugs
    
    EPO (Erythropoietin, Epoetin Alpha) HCPCS Codes Q9920-Q9940 Aranesp 
    (J0880)
    Iron (J1750, J1755, J1760, J1770, J1780, J2915, J2916)
    Vitamin D (J0630, J0635, J0636, J2500, J1270)
    Levocarnitine (J1955)
    Phosphate Binders (J0610)
    
    B. Labs/Radiology
    
    Laboratory HCPCS Codes (208 codes)
    
    73120 X-Ray Exam Hand
    75710 Artery X-Rays Arm/Leg
    75716 Artery X-Rays Arms/Legs
    75774 Artery X-Ray, Each Vessel
    75893 Venous Sampling by Catheter
    75964 Repair Artery Blockage; Each
    76070 CT Scan, Bone Density Study
    76075 Dual Energy X-Ray Study
    76092 Mammogram, Screening
    76778 Echo Exam Kidney Transplant
    78070 Parathyroid Nuclear Imaging
    78351 Bone Mineral Dual Photon
    80048 Basic Metabolic Panel
    80051 Electrolyte Panel
    80053 Comp Metabolic Panel
    80061 Lipid Panel
    80069 Renal Function Panel
    80074 Acute Hepatitis Panel
    80076 Hepatic Function Panel
    80156 Assay Carbamazepine
    80162 Assay for Digoxin
    80185 Assay for Phenytoin
    80186 Assay for Phenytoin, Free
    80197 Assay for Tacrolimus
    80198 Assay for Theophylline
    80202 Assay for Vancomycin
    80410 Calcitonin Stimulation Panel
    81000 Urinalysis, Nonauto, W/Scope
    81001 Urinalysis, Auto, W/Scope
    81002 Urinalysis, Nonauto W/O Scop
    81003 Urinalysis, Auto, W/O Scope
    81005 Urinalysis
    81007 Urine Screen for Bacteria
    81015 Microscopic Exam Urine
    82009 Test for Acetone/Ketones
    82010 Acetone Assay
    82017 Acylcarnitines, Quant
    82040 Assay Serum Albumin
    82042 Assay Urine Albumin
    82108 Assay, Aluminum
    82232 Beta-2 Protein
    82247 Bilirubin Total
    82248 Bilirubin Direct
    82270 Test Feces Blood
    82306 Assay Vitamin D
    82307 Assay Vitamin D
    82308 Assay Calcitonin
    82310 Assay Calcium
    82330 Assay Calcium
    82374 Assay Blood Carbon Dioxide
    82379 Assay Carnitine
    82435 Assay Blood Chloride
    82465 Assay Serum Cholesterol
    82550 Assay CK (CPK)
    82565 Assay Creatinine
    82570 Assay Urine Creatinine
    82575 Creatinine Clearance Test
    82607 Vitamin B-12
    82728 Assay Ferritin
    82746 Blood Folic Acid Serum
    82747 Folic Acid, RBC
    82800 Blood PH
    82803 Blood Gases: PH, PO2, PCO2
    82805 Blood Gases W/O2 Saturation
    82810 Blood Gases, O2 Sat Only
    82945 Glucose Other Fluid
    82947 Assay Quantitative, Glucose
    82948 Reagent Strip/Blood Glucose
    82950 Glucose Test
    82977 Assay GGT
    83036 Glycated Hemoglobin Test
    83540 Assay Iron
    83550 Iron Binding Test
    83718 Blood Lipoprotein Assay
    83735 Assay Magnesium
    83937 Assay Osteocalcin
    83970 Assay Parathormone
    83986 Assay Body Fluid Acidity
    84075 Assay Alkaline Phosphatase
    84100 Assay Phosphorus
    84105 Assay Urine Phosphorus
    84132 Assay Serum Potassium
    84133 Assay Urine Potassium
    84134 Assay Prealbumin
    84155 Assay Protein
    84160 Assay Serum Protein
    84295 Assay Serum Sodium
    84315 Body Fluid Specific Gravity
    84443 Assay Thyroid Stim Hormone
    84450 Transferase (AST) (SGOT)
    84460 Alanine Amino (ALT) (SGPT)
    84466 Transferrin
    84478 Assay Triglycerides
    84520 Assay Urea Nitrogen
    84540 Assay Urine Urea-N
    84545 Urea-N Clearance Test
    84630 Assay Zinc
    85002 Bleeding Time Test
    85004 Automated Diff WBC Count
    85007 Differential WBC Count
    85008 Nondifferential WBC Count
    85009 Differential WBC Count
    85013 Hematocrit
    85014 Hematocrit
    85018 Hemoglobin
    85021 Automated Hemogram
    85022 Automated Hemogram
    85025 Automated Hemogram
    85027 Automated Hemogram
    85032 Manual Cell Count, Each
    
    [[Page 33505]]
    
    85041 Red Blood Cell (RBC) Count
    85044 Reticulocyte Count
    85045 Reticulocyte Count
    85046 Reticyte, HGB Concentrate
    85048 White Blood Cell (WBC) Count
    85049 Automated Platelet Count
    85345 Coagulation Time
    85347 Coagulation Time
    85348 Coagulation Time
    85520 Heparin Assay
    85595 Platelet Count, Automated
    85610 Prothrombin Time
    85611 Prothrombin Test
    85651 RBC SED Rate, Nonauto
    85652 RBC SED Rate, Auto
    85730 Thromboplastin Time, Partial
    85732 Thromboplastin Time, Partial
    86140 C-Reactive Protein
    86317 Immunoassay, Infectious Agen
    86590 Streptokinase, Antibody
    86644 CMV Antibody
    86645 CMV Antibody, IGM
    86687 HTLV-I
    86688 HTLV-II
    86689 HTLV/HIV Confirmatory Test
    86692 Hepatitis, Delta Agent
    86701 HIV-1
    86702 HIV-2
    86703 HIV-1/HIV-2, Single Assay
    86704 HEP B Core AB Test
    86705 HEP B Core AB Test
    86706 HEP B Surface AB Test
    86707 HEP BE AB Test
    86708 HEP A AB Test
    86709 HEP A AB Test
    86803 HEP C AB Test
    86804 HEP C AB Test Confirm
    86812 HLA Typing, A, B, /C
    86813 HLA Typing, A, B, /C
    86816 HLA Typing, DR/DQ
    86817 HLA Typing, DR/DQ
    86900 Blood Typing, ABO
    86901 Blood Typing, RH (D)
    86903 Blood Typing, Antigen Screen
    86904 Blood Typing, Patient Serum
    86905 Blood Typing, RBC Antigens
    86906 Blood Typing, Rh Phenotype
    87040 Blood Culture Bacteria
    87070 Culture Specimen, Bacteria
    87071 Culture Bact
    87072 Culture Specimen By Kit
    87073 Culture Bact
    87075 Culture Specimen, Bacteria
    87076 Bacteria Identification
    87077 Culture Bact
    87081 Bacteria Culture Screen
    87084 Culture Specimen By Kit
    87086 Urine Culture, Colony Count
    87088 Urine Bacteria Culture
    87147 Culture Typing, Serologic
    87163 Culture, Any Source, Add'l ID Reqd
    87181 Antibiotic Sensitivity, Each
    87184 Antibiotic Sensitivity, Each
    87185 Enzyme Detection
    87186 Antibiotic Sensitivity, MIC
    87187 Antibiotic Sensitivity, MBC
    87188 Antibiotic Sensitivity, Each
    87190 TB Antibiotic Sensitivity
    87197 Bactericidal Level, Serum
    87205 Smear/Stain, Interpret
    87271 CMV, DFA
    87340 HEP B Surface AG, EIA
    87341 HEP B HBSAG Neutral AG, EIA
    87350 HEP B AG, EIA
    87380 HEP Delta AG, EIA
    87390 HIV-1 AG, EIA
    87391 HIV-2 AG, EIA
    87515 HEP B, DNA, Direct
    87516 HEP B, DNA, AMP
    87517 HEP B, DNA, Quant
    87520 HEP C, RNA, Direct
    87521 HEP C, RNA, AMP
    87522 HEP C, RNA, Quant
    87525 HEP G, DNA, DIRECT
    87526 HEP G, DNA, AMP
    87527 HEP G, DNA, Quant
    89050 Body Fluid Cell Count
    89051 Body Fluid Cell Count
    93000 Electrocardiogram Complete
    93005 Electrocardiogram Tracing
    93010 Electrocardiogram Report
    93040 Rhythm ECG w/Report
    93041 Rhythm ECG Tracing
    93042 Rhythm ECG Report
    93307 Echo Exam Heart
    93308 Echo Exam Heart
    G0001 Drawing Blood for Specimen
    G0202 Screening Mammography, Digital
    
    C.Vascular Access
    
    Vascular Access HCPCS Codes (122 Codes)
    
    00350 Anes-Major Vessels Neck; Nos
    00532 Anes-Access Cent Venous Circ
    01784 Anesthesia-AV Fistula
    01844 ANES-VASC Shunt, Shunt Revis
    35180 Repair Blood Vessel Lesion
    35190 Repair Blood Vessel Lesion
    35206 Repair Blood Vessel Lesion
    35226 Repair Blood Vessel Lesion
    35236 Repair Blood Vessel Lesion
    35256 Repair Blood Vessel Lesion
    35450 Repair Arterial Blockage
    35451 Repair Arterial Blockage
    35452 Repair Arterial Blockage
    35453 Repair Arterial Blockage
    35454 Repair Arterial Blockage
    35455 Repair Arterial Blockage
    35456 Repair Arterial Blockage
    35457 Repair Arterial Blockage
    35458 Repair Arterial Blockage
    35459 Repair Arterial Blockage
    35460 Repair Venous Blockage
    35470 Repair Arterial Blockage
    35471 Repair Arterial Blockage
    35472 Repair Arterial Blockage
    35473 Repair Arterial Blockage
    35474 Repair Arterial Blockage
    35475 Repair Arterial Blockage
    35476 Repair Venous Blockage
    35860 Explore Limb Vessels
    35875 Remove Clot In Graft
    35876 Remove Clot In Graft
    35900 Excision Of Infected Graft--Extremity
    35903 Excise Graft Extremity
    35910 Excision Of Infected Graft--Extremity
    36000 Place Needle In Vein
    36005 Injection, Venography
    36011 Place Catheter In Vein
    36140 Establish Access To Artery
    36145 Artery To Vein Shunt
    36215 Place Catheter In Artery
    36216 Place Catheter In Artery
    36217 Place Catheter In Artery
    36245 Place Catheter In Artery
    36246 Place Catheter In Artery
    36247 Place Catheter In Artery
    36400 Drawing Blood
    36406 Drawing Blood
    36410 Drawing Blood
    36420 Establish Access To Vein
    36425 Establish Access To Vein
    36488 Insert Catheter Vein
    36489 Insert Catheter Vein
    36490 Insert Catheter Vein
    36491 Insert Catheter Vein
    36493 Reposition CVC
    36533 Insert Access Port
    36534 Revise Access Port
    36535 Remove Access Port
    36550 Declot Vascular Device
    36800 Insert Cannula
    36810 Insert Cannula
    36815 Insert Cannula
    36819 AV Fusion By Basilic Vein
    36820 AV Anastomosis-Perm Access
    36821 Artery-Vein Fusion
    36825 Artery-Vein Graft
    36830 Artery-Vein Graft
    36831 AV Fistula Excision
    36832 AV Fistula Revision
    36833 AV Fistula
    36834 Repair A-V Aneurysm
    36835 Artery To Vein Shunt
    36860 Ext Cannula Declotting
    36861 Cannula Declotting
    36870 Thrombectomy
    37190 Repair A-V Aneurysm
    37201 Transcatheter Therapy Infuse
    37205 Transcatheter Stent
    37206 Transcatheter Stent Add-On
    37207 Transcatheter Stent
    37208 Transcatheter Stent Add-On
    37209 Exchange Arterial Catheter
    37607 Ligate Fistula
    49420 Insert Abdominal Drain
    49421 Insert Abdominal Drain
    49422 Remove Perm Cannula/Catheter
    71010 Chest X-Ray
    71015 Chest X-Ray
    71020 Chest X-Ray
    71021 Chest X-Ray
    71022 Chest X-Ray
    71030 Chest X-Ray
    71035 Chest X-Ray
    75790 Visualize A-V Shunt
    75820 Vein X-Ray Arm/Leg
    75822 Vein X-Ray Arms/Legs
    75860 Vein X-Ray Neck
    75894 X-Rays Transcatheter Therapy
    75896 X-Rays Transcatheter Therapy
    75898 Follow-Up Angiogram
    75900 Arterial Catheter Exchange
    75901 Mechanical Removal Of Pericath Obstructive Material
    75902 Mechanical Removal Of Intraluminal Obstructive Material
    75960 Transcatheter Intro Stent
    75961 Retrieve Broken Catheter
    75962 Repair Arterial Blockage
    75978 Repair Venous Blockage
    76080 X-Ray Exam Fistula
    76942 Echo Guide For Biopsy
    76960 Echo Guidance Radiotherapy
    93900 Duplex Scan Of Hemodialysis Access
    93922 Extremity Study
    93923 Extremity Study
    93925 Lower Extremity Study
    93926 Lower Extremity Study
    93930 Upper Extremity Study
    93931 Upper Extremity Study
    93965 Extremity Study
    93970 Extremity Study
    93971 Extremity Study
    A4300 Cath Impl Vasc Access Portal
    M0900 Excision Without Graft
    
    
    [[Page 33506]]
    
    
        Authority: Section 402 of the Social Security Act Amendments of 
    1967 (42 U.S.C. 1395b1).
    
    (Catalog of Federal Domestic Assistance Program No. 93.779, Health 
    Care Financing Research, Demonstrations and Evaluations)
    
        Dated: May 10, 2003.
    Thomas A. Scully,
    Administrator, Centers for Medicare & Medicaid Services.
    
    [FR Doc. 03-13829 Filed 5-29-03; 12:09 pm]
    BILLING CODE 4120-01-P
    
    
    

Document Information

Published:
06/04/2003
Department:
Centers for Medicare & Medicaid Services
Entry Type:
Notice
Action:
Notice.
Document Number:
03-13829
Dates:
Applications will be considered timely if we receive them on or before September 2, 2003.
Pages:
33495-33506 (12 pages)
Docket Numbers:
CMS-5003-N
RINs:
0938-ZA39
PDF File:
03-13829.pdf