InCK and MOM Support Improved Care Delivery for Children

by Manatt, Phelps & Phillips, LLP
Contact

Manatt, Phelps & Phillips, LLP

On February 8, 2019, the Center for Medicare and Medicaid Innovation (CMMI) at the Centers for Medicare and Medicaid Services (CMS) released the funding announcements for the Integrated Care for Kids Model (InCK Model) and the Maternal Opioid Misuse Model (MOM Model). The new models are an important indication that CMMI is increasingly interested in children, a shift from its emphasis to date on high-cost adults and Medicare beneficiaries. The models focus on coordinating and integrating care, both across physical and behavioral health and outside of the healthcare system, in conjunction with other social support needs such as housing, food, transportation and education.

The InCK Model

The InCK Model offers up to eight state Medicaid agencies and lead organizations funding of approximately $14.5 million to $16 million per state over a seven-year period to test whether alternative payment models aimed at supporting stronger integration of care for children across the domains of physical health, behavioral health, and social and educational services can improve children’s outcomes and reduce expenditures.1 The model aims to improve care for children with significant behavioral health challenges—including due to the opioid epidemic and its impact on their lives or those of their caretakers—potentially keeping them out of hospitals, residential treatment centers and foster care homes.

InCK establishes a well-defined package of activities with clear requirements and parameters. The high level of prescriptiveness for the InCK Model reduces the flexibility of states to design their models—which should make it easier for CMMI to evaluate the initiative, but could also result in reducing the number of applications that CMMI receives.

Parameters and requirements of the InCK Model include:

  • Community and family engagement. State Medicaid agencies and local partners are expected to work together to facilitate coordination of care for children across health, educational and social service settings. Moreover, the state and local partners must establish a “Partnership Council” that includes representatives from physical health systems; behavioral health agencies; schools; child welfare agencies; food, housing and other social service agencies; families; and others to support the initiative. The Council is charged with helping to design and implement the model.
  • Assessment and risk stratification. States and their local partners must agree to deploy a standardized screening tool to be used by providers to assess children’s needs and to assign them to a risk level. CMMI already has defined three levels of stratification—Level 1 for children with mild or no issues who should be monitored; Level 2 for children with more significant needs that cross domains (e.g., a physical health issue and a housing need) with implications for their functioning; and Level 3 for children who already are in or at risk for out-of-home placement.
  • Service integration, team-based care and a crisis response strategy. To help families navigate the many systems that touch children’s lives, states and their local partners are expected to provide moderate-risk children (i.e., Level 2) with a single point of coordination (anticipated to be achieved by expanding the role of existing care coordinators or case managers) for all of the services they might require. These services include non-medical services such as housing, food and educational assistance. Kids who are already in or on the brink of out-of-home placement (Level 3) are expected to receive intensive team-based care that serves the same function, but is even more robust and includes family members, educational contacts, social service representatives and others. Along with coordination of care, states and their local partners must provide access to a 24/7/365 mobile response system and crisis hotline.
  • Social, emotional and behavioral health of children. The model requires states and their local partners to directly consider social, emotional and behavioral health when evaluating and serving children. Complex medical needs alone are not enough to warrant participation in the model. Indeed, states and their local partners must screen for socioeconomic challenges such as food insecurity and housing instability. A child’s ability to function in school and to engage in social relationships—not just medical factors—are included in the criteria used to assign children to a risk stratification level.
  • Alternative payment model (APM). States participating in the InCK Model are expected to develop an alternative payment model that supports the integration of health, social service and educational needs for children. CMMI notes that the APM(s) might be based on episode-based, shared savings, or population-based payment arrangements that include meaningful quality measures. Unlike with some other aspects of the InCK Model, CMMI appears to give states and their local partners significant discretion to design the details of the APM.
  • Evaluation. Applicants must gather and share data needed for evaluation. CMMI already has identified measures that will be used to evaluate the model’s impact on clinical care, care coordination, education (including kindergarten readiness), food insecurity and housing instability. Notably, CMMI also is linking about a third of each successful applicant’s funding—approximately $500,000 out of $1.5 million for Year 5—to performance beginning in the fifth year of the model.

CMMI offers a detailed description of what it is looking for in the InCK application, but several knotty issues still remain for applicants: whether they will be able to meet CMMI’s requirement to screen 80% or more of the children in a service area; whether it will be tenable to offer InCK services only to children who reside in a specific region of a state rather than all children (as required by CMMI to support evaluation efforts); and, most fundamentally, how they will pull together the many disparate organizations that share a commitment to children, but that long have operated in their own siloes.

The MOM Model

The MOM Model aims to address fragmentation in the care of pregnant and postpartum Medicaid beneficiaries with opioid use disorder (OUD) and to improve quality of care for their infants. The model offers up to 12 states and their local partners funding, with a maximum of $64.6 million across the awardees over a five-year period. The model requires that pregnant and postpartum women with OUD receive a comprehensive set of services, including physical healthcare, behavioral healthcare and wrap-around services, delivered in a coordinated and integrated approach. At the start of the model, medical services will be billed as usual to Medicaid, while coordination, engagement and referral services will be paid by model funding. From Year 3 on, all services in the model are expected to be covered by Medicaid. A goal of the model is also to leverage existing Medicaid flexibility to institute sustainable long-term funding mechanisms to provide care to mothers with opioid use disorders. Unlike the InCK Model, states can choose to implement the model statewide or in a specific region.

Parameters of the MOM Model include:

  • Clinical expertise. States must partner with one or more “care-delivery partners,” defined as a health system or payer, such as a Medicaid managed care plan, that is associated with a clinical delivery site. These partners will work with the state on all aspects of designing and implementing the model, from identifying, engaging and retaining beneficiaries to designing the intervention that ensures coordinated Medicaid and model services are delivered.
  • Evidence-based OUD treatment. Awardees must ensure access for the model population to evidence-based care consistent with current clinical guidelines. This includes requiring access to medication-assisted treatment (MAT), which has an extensive body of evidence supporting its effectiveness.
  • Integrated care and connection to other social supports. Under MOM, better coordinating and integrating existing Medicaid services is a key goal of the model. States are encouraged to partner with non-clinical entities, such as homeless shelters, early intervention services and child welfare agencies, to comprehensively address the needs of beneficiaries. Additionally, states and their partners must work to identify and address enrollees’ social service needs. These include housing, food, transportation, utilities, interpersonal safety, and family and community support.
  • Postpartum access to services. Under federal rules, all states must cover women eligible for Medicaid on the basis of pregnancy for 60 days after delivery. The model’s funding announcement encourages states to consider extending Medicaid eligibility to the model population beyond this period. States must also make efforts to ensure that model participants have continued access to necessary physical and behavioral healthcare services once their eligibility for Medicaid or the model ends.

Moving Forward

Applications for the MOM Model were due May 6, and award notice is expected by early November. For InCK, applications are due on June 10, with award notice expected in early December. While the InCK and MOM models present important opportunities for states to obtain design and implementation funds, some states may not apply, and not all of those that do will receive grants. Fortunately, many of the aims of the models can be achieved using existing Medicaid and CHIP funding mechanisms. For example, CMS in its November 13, 2018, State Medicaid Director (SMD) letter permitting Section 1115 demonstrations that waive the IMD exclusion for coverage of mental health treatment, offers a number of options available to states to promote innovative service delivery for adults with serious mental illness and children with serious emotional disturbance. These strategies can be used to achieve many of the goals of the InCK and MOM models, giving states the opportunity to enact meaningful changes to services for vulnerable women and children regardless of whether they receive CMMI awards.

1. Lead organizations must be a HIPAA-covered business entity, such as a hospital system, managed care plan or local health department.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

Manatt, Phelps & Phillips, LLP
Contact
more
less

Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.