2111 - Disease management demonstration programs.

§  2111.  Disease management demonstration programs. 1. The department  may  establish  disease  management  demonstration  programs  through  a  request   for   proposals   process   to   enhance   the   quality   and  cost-effectiveness of care rendered to  medicaid-eligible  persons  with  chronic health problems whose care and treatment, because of one or more  hospitalizations,  multiple  disabling  conditions requiring residential  treatment or other health care requirements, results  in  high  medicaid  expenditures.  In  order  to  be  eligible to sponsor and to undertake a  disease management demonstration program, the proposed sponsor may be  a  not-for-profit,  for-profit  or  local  government organization that has  demonstrated expertise in the management  or  coordination  of  care  to  persons  with  chronic  diseases or that has the experience of providing  cost-effective community-based care to such patients, or in the case  of  a  local  government organization, has expressed a strong willingness to  sponsor  such  a  program.  The  department  may  also  approve  disease  management demonstration programs which include, but are not limited to,  the  promotion of adherence to evidence-based guidelines, improvement of  provider and patient communication and provide information  on  provider  and  beneficiary  utilization of services. The department shall grant no  fewer than six demonstration programs, no more than  one-third  of  such  programs  shall  be  selected  to  provide  these services in any single  social services district; provided further, where the department  grants  less  than  six  demonstration  programs,  no more than one such program  shall be selected  to  provide  these  services  in  any  single  social  services  district.  The  department  shall  approve  disease management  demonstration   programs   which   are   geographically   diverse    and  representative  of  both  urban and rural social services districts. The  program sponsor must establish, to the satisfaction of  the  department,  its  capacity  to  enroll  and  serve sufficient numbers of enrollees to  demonstrate the cost-effectiveness of the demonstration program.    2. The department shall establish the criteria  by  which  individuals  will  be  identified  as  eligible  for  enrollment in the demonstration  programs.  Persons eligible for enrollment  in  the  disease  management  demonstration  program  shall  be  limited  to  individuals who: receive  medical assistance pursuant to title  eleven  of  article  five  of  the  social  services  law and may be eligible for benefits pursuant to title  18 of the social security act (Medicare); are not enrolled in a Medicaid  managed care plan, including individuals who are  not  required  or  not  eligible  to  participate  in Medicaid managed care programs pursuant to  section three hundred sixty-four-j  of  the  social  services  law;  are  diagnosed with chronic health problems as may be specified by the entity  undertaking the demonstration program, including, but not limited to one  or  more of the following: congestive heart failure, chronic obstructive  pulmonary disease, asthma, diabetes or other chronic  health  conditions  as may be specified by the department; or have experienced or are likely  to  experience one or more hospitalizations or are otherwise expected to  incur excessive costs and high utilization of health care services.    3. Enrollment  in  a  demonstration  program  shall  be  voluntary.  A  participating  individual  may  discontinue his or her enrollment at any  time without cause.  The  commissioner  shall  review  and  approve  all  enrollment and marketing materials for a demonstration program.    4.  The  demonstration program shall offer evidence-based services and  interventions  designed  to  ensure  that  the  enrollees  receive  high  quality,  preventative  and  cost-effective  care, aimed at reducing the  necessity for hospitalization or emergency  room  care  or  at  reducing  lengths  of  stay  when  hospitalization is necessary. The demonstration  program may include  screening  of  eligible  enrollees,  developing  an  individualized  care  management plan for each enrollee and implementingthat  plan.  Disease  management  demonstration  programs  that  utilize  information  technology systems that allow for continuous application of  evidence-based guidelines to medical assistance claims  data  and  other  available   data  to  identify  specific  instances  in  which  clinical  interventions are justified and communicate indicated  interventions  to  physicians, health care providers and/or patients, and monitor physician  and  health care provider response to such interventions, shall have the  enrollees, or groups  of  enrollees,  approved  by  the  department  for  participation.  The  services  provided  by the demonstration program as  part of the care management plan may include, but are  not  limited  to,  case   management,   social   work,  individualized  health  counselors,  multi-behavioral  goals  plans,  claims  data  management,  health   and  self-care  education,  drug  therapy  management and oversight, personal  emergency response systems and other monitoring technologies, telehealth  services and similar  services  designed  to  improve  the  quality  and  cost-effectiveness of health care services.    5.  The  department  shall  be responsible for monitoring the quality,  appropriateness and cost-effectiveness of a demonstration  program.  The  department  shall utilize, to the extent possible, all potential sources  of funding for demonstration programs, including, but  not  limited  to,  private payments and donations. All such funds shall be deposited by the  commissioner  and credited to the disease management account which shall  be established by the comptroller in  the  special  revenue-other  fund.  Additionally,  to  the  extent  of  funds appropriated therefor, medical  assistance funds, including any funding or shared savings as may  become  available through federal waivers or otherwise under titles 18 and 19 of  the  federal  social  security  act,  may  be used by the department for  expenditures in support of the disease management program.    6. Payments shall be made by the department to the entity  responsible  for  the  operation  of  the demonstration program on a fixed amount per  member per month of enrollment and shall reimburse the  program  sponsor  for  the services rendered pursuant to subdivision four of this section.  The amount paid shall be an amount  reasonably  necessary  to  meet  the  costs  of  providing  such services, provided that the total amount paid  for medical assistance to  enrollees  in  any  such  disease  management  demonstration program, including any demonstration program expenditures,  shall   not   exceed  ninety-five  percent  of  the  medical  assistance  expenditure related to such enrollee that  would  reasonably  have  been  anticipated  if the enrollee had not been enrolled in such demonstration  program. The department may make payments to demonstration programs that  provide administrative services only, provided  that  expenditures  made  for   enrollees,   or   a  group  of  enrollees,  participating  in  the  demonstration program shall provide sufficient savings as determined  by  the  department,  had  the  enrollees,  or groups of enrollees, not been  enrolled in such demonstration. The department shall provide an  interim  report  to  the  governor,  and  the  legislature  on or before December  thirty-first, two thousand six and a final report on or before  December  thirty-first,  two  thousand  seven  on  the  results  of  demonstration  programs. Both reports shall include findings as  to  the  demonstration  programs'   contribution   to   improving  quality  of  care  and  their  cost-effectiveness. In the final  report,  the  department  shall  offer  recommendations as to whether demonstration programs should be extended,  modified, eliminated or made permanent.