Connect with us

Indiana

Indiana Department of Health seeks dismissal of abortion records lawsuit • Indiana Capital Chronicle

Published

on

Indiana Department of Health seeks dismissal of abortion records lawsuit • Indiana Capital Chronicle


The Indiana Department of Health is seeking to dismiss a lawsuit against the agency that was filed by an anti-abortion group over related records.

The lawsuit in question was filed in May by “Voices for Life,” which seeks to regain access to Terminated Pregnancy Reports (TPRs) that are no longer being released by the state health department.

Legal counsel for IDOH filed a motion to dismiss on June 21, maintaining that Voices for Life “fails to state a claim upon which relief can be granted.” The anti-abortion group has until July 23 to file its response.

Story continues below.

Advertisement

Memo in Support of MTD

 

Ryan Shouse, an attorney with Indianapolis-based Lewis and Wilkins LLP, emphasized in the motion that, “as a matter of law” TPRs are “confidential” under Indiana’s Access to Public Records Act, also known as APRA.

“APRA grants any person the right to inspect and copy IDOH’ s public records,” Shouse wrote, noting, however, that APRA contains exemptions.

He pointed to the law, which states that, “

Advertisement

atient medical records and charts created by a provider” are “excepted from [the general rule of disclosure] and may not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery …. “

IDOH pushes for dismissal

Shouse additionally argues that TPRs maintained by IDOH meet the statutory definition of “medical records” — therefore making them exempt from APRA. 

Per Indiana Code, “medical records” contain three elements: written or printed information; are in the possession of a provider; and concern a patient’s diagnosis, treatment or prognosis.

Shouse said TPRs meet all three requirements. His motion points out that Indiana Code specifically requires:

  • the diagnosis code for fetus and mother for abortions performed prior to 20 weeks
  • the medical reason for an abortion
  • gestational age and the information used to determine gestational age
  • results of pathological testing, if it is performed
  • any disability diagnosis of the fetus
  • pre-existing medical conditions of the mother, and 
  • the mother’s obstetrical history

In addition, the statute requires specifics about the procedure itself, such as the precise medications used for nonsurgical abortions.

“This is patient-specific medical information that is used for the diagnosis and treatment of the individual patient,” Shouse said. “In short, TPRs squarely meet Indiana’s definition of a ‘medical record’ because they are written records created and maintained by a provider that contain individualized patient diagnosis and treatment information. Applying this straightforward definition, IDOH properly withheld TPRs pursuant to the medical record exception in APRA.”

Advertisement

Background on the lawsuit

IDOH and Dr. Lindsay Weaver, the state health commissioner, are currently represented by Indianapolis-based Lewis and Wilkins LLP, rather than in-house attorneys from Indiana Attorney General Todd Rokita’s office.

The South Bend-based “Voices for Life” group is suing the IDOH after it stopped releasing individual TPRs, while still compiling statewide public data quarterly. The change in procedure went into effect in December.

AG denies Indiana Department of Health request for outside counsel in abortion records lawsuit

Before then, the reports — while redacted — were regularly released under Indiana’s Access to Public Records Act.

The lawsuit, filed in Marion County Superior Court, came just weeks after Rokita called out IDOH and Indiana’s Public Access Counselor for “collusion” and issued a non-binding advisory opinion saying TPRs are public records.

Advertisement

In the past, anti-abortion groups have used the reports to file medical licensing complaints against specific doctors for procedural issues, such as filing a TPR late.

The state health department changed its policy after Indiana’s new, near-total abortion ban went into effect, which meant providers performed far fewer abortions. State health officials were worried that information on the report could indirectly identify the women getting the procedure and sought a ruling from Indiana Public Access Counselor Luke Britt.

Britt agreed that the report could be “reverse engineered to identify patients — especially in smaller communities.” 

He found the required quarterly reports of aggregate data should suffice in terms of satisfying any disclosure and transparency considerations. Britt additionally said the records, created by doctors, fall under the provider-patient relationship as medical records.

Britt’s ruling isn’t binding, either.

Advertisement

So far, no court dates have been set in the TPR case. After Voices for Life files its response, it will be up to the judge to decide on the motion to dismiss.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Advertisement



Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Indiana

Indiana’s new ILEARN test scores show student progress remained stagnant in 2024

Published

on

Indiana’s new ILEARN test scores show student progress remained stagnant in 2024


By Casey Smith | Indiana Capital Chronicle For The Republic INDIANAPOLIS — New state standardized test results show stagnant progress among Hoosier students in grades 3-8, signaling a continued struggle to reverse widespread learning loss following the COVID-19 pandemic. New ILEARN scores show 41% of Indiana students who were tested earlier this spring were at […]



Source link

Continue Reading

Indiana

Nursing homes report payment disruption under managed care

Published

on

Nursing homes report payment disruption under managed care


(INDIANA CAPITAL CHRONICLE) — Jeff Huffman and other nursing home operators in the state say they haven’t been paid for their work since the state transitioned to managed care for certain Medicaid services on July 1 — marking two weeks in limbo for providers in the PathWays to Aging program. 

“Basically, we rely on Medicaid reimbursements to keep our bills paid and keep operating. When all of a sudden the spigot gets turned off … that’s not going to last long for a small company,” said Huffman, the chief operations officer and chief development officer of The Strategies. 

The Strategies operates five nursing home and rehabilitation facilities across the state in Muncie, Loogootee and Vincennes and employs roughly 300 Hoosiers to care for 230 residents. 

“We’re two or three payrolls away from not being sure what we’re able to do,” Huffman said.

Advertisement

Paul Peaper, the president of the Indiana Health Care Association that represents the interests of operators like Huffman, said he’s heard from several facility teams about issues submitting claims.

“We’ve got three different managed care entities all with their own claims portals. As you’re submitting your claims into each of their claims portals, it looks different and reports out different information at different times,” Peaper said. “It’s trying to track — okay, is this claim pending? Is this claim denied? Is this claim rejected? Is this claim paid?

“But certainly there have been some challenges in that new system and some issues on the tech side of that to facilitate the claim.”

Adding more complications to the process, providers bill on different schedules — either weekly, twice a month or monthly. So while the first rounds of weekly providers have started billing, only a handful of bimonthly providers have started billing and monthly bills haven’t been submitted at all.

The Family and Social Services Administration (FSSA) tasked with overseeing the transition to managed care clarified that electronic nursing facility claims are not considered late until after 21 days. 

Advertisement

During the transition period, FSSA has sent periodic updates to stakeholders about continuity of care, essentially saying that the Managed Care Entities (MCE’s) couldn’t withhold payments due to issues like prior authorizations.

The July 1st transition

Under managed care, the state contracts with major insurers Anthem Blue Cross and Blue Shield, Humana Healthy Horizons in Indiana and United Healthcare Community Plan to pay for and manage the health care of a Medicaid population. While the delivery model stabilizes expenses for states, enrollees have more mixed results.

Hoosiers enrolled in the Healthy Indiana Plan or traditional Medicaid were already under managed care but Indiana shifted its last major population — elderly and disabled Hoosiers utilizing long-term services and supports — on July 1.

Long-term care providers vigorously tried to delay — if not outright stop — the state’s managed care proposal, pointing to reported issues and costs in other states. 

“At the heart of it, we’re dealing with an aged and disabled population in a small care setting. There’s just a real concern that putting any layer — a la a managed care entity — in between the care our members provide and their residents could delay or impact their care,” Peaper said.

Advertisement

Post-rollout, Huffman said he’s had varying levels of success communicating with the managed care entities about the denials. 

“They’re aware of the issues, I just don’t think anyone’s aware of the ramifications. I think from an FSSA standpoint, from a (managed care entity) standpoint, this is just one of those things that happens in a transition. But a small, family-owned company like ours, with only five buildings, we don’t have $10 million laying around to get through expenses and payroll until (they) figure out how to start reimbursing correctly.

“I’ve talked to some of the biggest companies in the state and some of the smallest companies in the state, and we’re all feeling pretty stressed,” he concluded.

Prior to the transition, Huffman said that Indiana was “the most efficient Medicaid system in the country,” saying that facilities “could bill on a Friday and get paid on Wednesday or Thursday the following week.”

Peaper said much of that efficiency came from having just one portal for one payer — the state — and the processing seemed to be “near instantaneous.”

Advertisement

“So now that there is a lag or a delay — or it’s maybe not even populating … there’s immediate concern,” Peaper said. “That’s been, certainly, a real challenge.”

Additionally, long-term care facilities operate on thinner margins than their counterparts, Peaper said. Nursing homes and assisted living facilities are also the one segment of the health care industry workforce that has yet to recover from the COVID-19 pandemic.

“At the end of the day, the concern is: if the timely and steady payment systems don’t continue, then you’re going to have potential cash flow issues that impact your payroll,” Peaper said.

Potential remedies ahead?

State law does permit providers, including nursing homes, to petition for emergency relief in the first 210 days of the managed care transition period. 

“The office of Medicaid policy and planning shall establish a temporary emergency financial assistance program for providers that experience financial emergencies due to claims payment issues while participating in the risk based managed care program,” Senate Enrolled Act 132 reads.

Advertisement
 An excerpt of Senate Enrolled Act 132 from 2024 concerning payment failures in the first weeks after the managed care transition.

Under the law, a financial emergency is when claims denials exceed 15% during one billing cycle or when a provider goes 21 days without payment for a minimum of $25,000 in aggregate claims.

Additionally, the state’s Medicaid director has the discretion to categorize something as a financial emergency for providers. To qualify, providers must have participated in the claims testing process and submit relevant documentation to FSSA. The state agency then has seven days to respond and — if the circumstances qualify as a financial emergency — then the office “shall” direct the managed care entities to provide an emergency payment within seven days. 

However, that payment will only cover 75% of the average claim — “which is kind of like giving the insurance company a 25% discount,” Huffman said.

The insurers then “shall reconcile the temporary emergency assistance payment funds with actual claims payment amounts,” according to the law.

The law also authorizes a workgroup, made up of MCEs, state officials and providers — including nursing homes, Area Agencies on Aging and home health services — to address claims issues.

“Everyone’s trying to make sure that these early issues — as they’re identified — are resolved quickly,” said Peaper.

Advertisement

Peaper isn’t a member but the IHCA does have a representative with the claims workgroup.

Still, he expressed caution when monitoring the rollout of PathWays, noting the importance of getting the program right considering the ramifications on providers and residents.

“I think over the next week or two, we’ll have an answer to the question on how it’s going,” Peaper said.



Source link

Advertisement
Continue Reading

Indiana

Indiana Filmmakers Networks welcomes publisher Marx Pyle

Published

on

Indiana Filmmakers Networks welcomes publisher Marx Pyle


EVANSVILLE, Ind. (WFIE) – The Indiana Filmmakers Network hosted an event with special guest Marx Pyle.

Tuesday night was their monthly meeting at Blackstrap Media.

Pyle is a publisher, filmmaker, and writer.

He gave a presentation called “Write It”, where he looked at different story structures and how people draw inspiration to help them write a story.

Advertisement

“I love learning and I like sharing that knowledge to people. It’s stuff that I wish I knew whenever I first started filmmaking, I learned about all this great stuff happening and got to work with people and then that motivated me to learn more and to give back to the community,” he says.

Indiana Filmmakers Network meets every third Tuesday of the month.



Source link

Advertisement
Continue Reading
Advertisement

Trending