Medicaid expansion in Montana
- Medicaid expansion took effect in Montana in 2016, and 96,000 people were enrolled by early 2019.
- Montana has enacted legislation to extend Medicaid expansion through Jun 2025, but with a work requirement.
- The work requirement proposed was submitted to CMS in August 2019, and Montana officials had planned for it to take effect in January 2020. But the state says it could be delayed by up to a year.
- Medicaid expansion extension funding (without a work requirement) was on the 2018 ballot but voters rejected it
Expanded Medicaid became effective January 2016
of Federal Poverty Level
Medicaid expansion in Montana was initially approved through June 2019. Montana voters rejected an initiative in 2018 that would have permanently expanded Medicaid in the state and imposed a tobacco tax to fund the state’s portion of the cost. But in 2019, Montana enacted legislation that extends Medicaid expansion in the state for another six years, albeit with a work requirement that will need federal approval in order to be implemented. The state submitted the work requirement proposal to CMS in August 2019. Soon thereafter, state officials announced that the work requirement could be delayed by up to a year. It is still pending federal review, and will not take effect in January 2020 as originally scheduled.
Total Medicaid/CHIP enrollment in Montana grew by 78 percent from late 2013 to August 2019, an increase driven mainly by Medicaid expansion. After increasing steadily in 2016 and 2017, total enrollment in expanded Medicaid has been mostly steady since early 2018, although it has dropped slightly in 2019. As of October 2019, there were 87,698 people enrolled in expanded Medicaid in Montana (down from more than 95,000 people six months earlier).
Since the expansion program began in 2016, nearly 108,000 enrollees have received preventive services, 38,000 enrollees have received outpatient mental health services, more than 10,000 women have received breast cancer screening (and 164 cases of breast cancer have been diagnosed), and nearly 1,300 enrollees have been newly diagnosed with diabetes and are receiving treatment for the disease.
Ballot initiative would have generated funds to continue Medicaid expansion past 2019, but voters rejected it
Montana’s initial Medicaid expansion waiver is effective for five years, from 2016 through 2020. However, it was contingent upon the state legislature reauthorizing the program after June 30, 2019. Without legislative reauthorization, Medicaid expansion would have ended as of July 2019. To avoid the sunsetting of the program, proponents of Medicaid expansion gathered signatures in 2018 to get a measure on the ballot that would have increased tobacco taxes to fund ongoing Medicaid expansion and eliminate the current sunset provision.
Initiative I-185 was approved by the state for signature gathering in April 2018. Supporters then successfully gathered more than the 25,468 signatures necessary in order to get the measure on the ballot, and spending for and against the measure turned it into the most expensive ballot initiative in Montana’s history (tobacco manufacturers funded much of the opposition to the measure, while the Montana Hospital Association funded much of its support). But voters in Montana did not approve the measure in the November 2018 election.
The ballot initiative called for raising the tax on a pack of cigarettes by $2 (to $3.70) and raising taxes by 33 percent for other tobacco products, like e-cigarettes. It would have compelled Montana to cover the state’s share of the cost of Medicaid expansion using the tobacco tax money. Through 2016, the federal government paid the full cost of Medicaid expansion; states started to shoulder a small portion of the cost as of 2017, reaching 10 percent by 2020 (it will remain at that 90/10 split in future years). The tobacco tax was expected to generate $74 million per year by 2023, but the expectation was that the state would also have had to come up with additional revenue.
Instead, lawmakers have approved a 6-year extension of Medicaid expansion, but with a work requirement
Since the ballot initiative failed, the issue of continued Medicaid expansion was in lawmakers’ hands during the 2019 legislative session, and a compromise had to be reached in order to extend Medicaid expansion past the end of June. H.B.425 was introduced in February, and called for the current Medicaid expansion program to be extended. That legislation didn’t go anywhere, but H.B.658, which calls for a six-year extension of Medicaid expansion along with a Medicaid work requirement, passed and was signed into law by Gov. Steve Bullock in May 2019. H.B.658 was introduced by Rep. Ed Buttrey, a Republican representing Great Falls who also sponsored the 2015 legislation that expanded Medicaid in Montana.
Work requirement is pending federal review, will not take effect in January 2020
Since H.B.658 calls for a new Medicaid work requirement for non-exempt adults enrolled in expanded Medicaid, the state must obtain federal approval in order to move forward with implementation. The Trump administration has been eager to approve similar proposals in other states, but their legal standing is uncertain: A federal judge has overturned Medicaid work requirements in Kentucky and Arkansas and in New Hampshire; work requirements have been paused in Indiana and Arizona over legal concerns.
Montana officials submitted their proposed 1115 waiver to CMS in August 2019, seeking federal approval for the work requirement and various other changes, detailed below. The state had planned to implement the work requirement as of January 2020, and between 4 and 12 percent of the Medicaid expansion population was expected to lose coverage due to non-compliance with the work requirement and/or work reporting requirements.
This was a very tight timeline, as work requirement approvals in other states have taken many months or even more than a year. So it was not surprising when state officials clarified in November 2019 that the work requirement was not going to take effect in January 2020, and could be delayed up to a year.
In the meantime, there are legal challenges to work requirements that are playing out in several states, so it’s unclear whether Montana’s proposal will eventually be approved and considered legally valid. But assuming it is, this is what Montana is proposing, as called for in H.B.658:
- Adults ages 19-55 who are enrolled in expanded Medicaid would have to work or participate in other community engagement activities for at least 80 hours each month.
- There are numerous exemptions available—in most cases, due to the fact that most Medicaid expansion enrollees are already working. The state had initially projected that only about 8,000 people out of 96,000 Medicaid expansion enrollees would be newly subject to the work requirement, although a later estimate put the number as high as 26,000 people. [Buttrey had said that the number of people subject to the work requirement could end up being quite a bit different from the estimate, citing the fact that enrollment in expanded Medicaid ended up being far higher than initial projections. Prior to expansion, officials projected that coverage would become available to about 70,000 of Montana’s lowest-income residents. They expected about 45,000 of them to enroll in expanded Medicaid by 2020, but enrollment had exceeded 96,000 by 2019. The fiscal analysis of an earlier version of H.B.658 indicated that as many as 50,000 people could lose coverage as a result of the work requirement, reporting requirements, and increased premiums. Additional exemptions were added after that, however, making the expected coverage losses much lower. But it still has to be noted that thousands of people are expected to lose their coverage under the new rules (as we’ve already seen happen in Arkansas), and will likely join the ranks of the uninsured — resulting in additional uncompensated care costs in the state and poorer health outcomes for the individuals who lose their coverage.]
- Enrollees who aren’t in compliance with the work requirement will have 180 days to come into compliance. After that, their coverage would be suspended, but they would have an opportunity to re-enroll after 180 days. And if they can demonstrate that they’ve been in compliance with the work requirement for at least 30 days, they’d have an opportunity to re-enroll before the 180 waiting period is up. although they would then be subject to “heightened monitoring” for the remainder of the 180 days.
- If more than 5 percent of Medicaid expansion enrollees lose their coverage under the work requirement rules, it would trigger an audit. If the audit determines the more than 10 percent of the people in the audit sample lost their coverage erroneously, coverage suspensions under the work requirement would cease until the end of the next legislative session, giving lawmakers a chance to revisit the issue (but as the Center on Budget and Policy Priorities notes, people who are working but weren’t able to accurately document their work hours — and thus had their coverage suspended — might also have trouble proving their work status during the audit process).
- Under the terms of the Medicaid expansion waiver that Montana obtained in 2015, the state already charges Medicaid premiums for the expansion population with incomes between 50 and 138 percent of the poverty level. The premiums are currently 2 percent of the enrollee’s income, but H.B.658 increases that by half a percent per year until it reaches 4 percent (people who are exempt from the work requirement would not be subject to the premium increases).
- The legislation increases some existing fees and adds some new ones (on hospitals, outpatient providers, and insurers) in order to cover the state’s portion of the cost of Medicaid expansion. It also creates an employer grant program intended to make it easier for employers to hire Medicaid expansion enrollees, with a focus on new employment — particularly jobs that include health coverage benefits or pay well enough to allow the employee to transition to being able to purchase their own health insurance coverage.
The state has until August to submit an 1115 waiver proposal to CMS, seeking federal approval for the work requirement.
Montana’s Medicaid expansion waiver allows for Medicaid premiums, but H.B.658 will increase them
Any version of Medicaid expansion that places additional requirements or restrictions on enrollment must be granted a waiver from CMS in order to receive federal funding. Montana’s Medicaid expansion legislation that was enacted in 2015 deviated from the straight Medicaid expansion called for in the ACA; bill sponsor Ed Buttrey (R – Great Falls) called it the “most conservative plan in the US.”
SB405 called for newly-eligible enrollees to pay 2 percent of their income in premiums, and it also imposes copays for some medical services. In addition, the legislation included a job training and workforce assessment program, aimed at helping enrollees secure a job or move into a better job (this aspect of the legislation was not included in the official waiver proposal that was submitted to CMS; that is clarified on page 26 of the waiver proposal, and was brought up as a concern in August by Montana Representative Art Wittich. Work and job training requirements have generally not been approved by CMS when included in other states’ Medicaid expansion proposals).
So although SB405 was the law of the land in Montana, the state still needed to get approval from CMS to proceed with their modified version of Medicaid expansion. On July 7, 2015, the state posted the waiver application and began a 60 day public comment period. Montana residents had an opportunity to comment on the proposal online, and there were two public meetings about the proposal in August.
On September 15, the state submitted their Medicaid Section 1115 demonstration waiver proposal to CMS for review. Official changes to Medicaid eligibility were dependent on federal funding for expansion, which required CMS approval of the state’s waiver. The state had asked CMS to approve the waiver by the beginning of November, and was hoping to have expanded Medicaid coverage available by January 2016. The waiver was approved on November 2, 2015. Expanded Medicaid coverage took effect in Montana on January 1, but eligible residents were able to begin enrolling immediately following the waiver approval.
Montana’s initial Medicaid expansion waiver calls for enrollees with income above 50 percent of the poverty level (that’s $6,245 for a single individual in 2019) to pay 2 percent of their income in premiums, which the state says average about $26 per month (Montana is one of seven states that have waivers allowing them to charge premiums for Medicaid enrollees). Enrollees with income over the poverty level can be dis-enrolled if they fail to pay premiums by the end of a 90-day grace period; those below the poverty level are not dis-enrolled, but their past-due premiums can be deducted from future state income tax refunds.
As noted above, H.B.658 calls for premiums to gradually increase to 4 percent of income, although they would stay at 2 percent for the first two years a person is enrolled in the program, and premium increases would not apply to people who are exempt from the Medicaid work requirement. But at 4 percent of income, premiums for Montana’s Medicaid would be by far the highest in the country. And it’s noteworthy that in states that haven’t expanded Medicaid, people with income between 100 and 133 percent of the poverty level (all of whom are eligible for Medicaid in states like Montana that have expanded Medicaid) can buy subsidized plans in the exchange with premiums that are just over 2 percent of their income for a silver plan. At that income level, a silver plan would include significant cost-sharing reductions, although Medicaid out-of-pocket limits would still be lower.
In 2016 and 2017, Medicaid expansion enrollees in Montana paid a total of $6.7 million in premiums. According to a University of Montana analysis, enrollee premiums cover about 1 percent of the cost of Medicaid expansion (the federal government covers the vast majority of the cost, amounting to 93 percent in 2019 and 90 percent in future years).
By June 2016, 379 people with income above the poverty level had been dis-enrolled for failing to pay premiums. In 2017, there were 2,884 people who lost their Medicaid coverage in Montana due to failure to pay premiums. Montana Medicaid enrollees who are dis-enrolled as a result of non-payment of premiums can re-enroll after they pay their past-due premiums, or at the end of the calendar quarter when their debt is assessed by the state.
Blue Cross Blue Shield managed expansion program in 2016 and 2017, but Montana Medicaid took it over in 2018
While Montana’s Section 1115 waiver was being reviewed by CMS, the state completed the bidding process to find a private insurer to manage the Medicaid expansion program in the state. Blue Cross Blue Shield of Montana scored highest in the bidding process, and signed a contract in December to be the administrator for the expanded Medicaid program. BCBS of Montana had been working on infrastructure even before the Medicaid expansion waiver was approved, and began focusing on outreach and consumer education once the waiver was approved.
BCBS of Montana provided care coordination for approximately 19,000 Medicaid expansion enrollees, but the state ended that contract that the end of 2017 in an effort to save money. Montana Medicaid is now managing the program themselves, although they do not get as involved with the care coordination as BCBSMT did.
Who is eligible for Montana Medicaid?
In addition to low-income elderly residents and those who are disabled, Medicaid is available to the following populations in Montana:
- Pregnant women with household incomes up to 157% of poverty.
- Adults with household income up to 138 percent of poverty (coverage effective dates will begin January 1, 2016; enrollment became available November 2, 2015)
- Children are eligible for Medicaid if their household incomes are up to 143 percent of poverty. Above that level, they are eligible for CHIP if their household incomes do not exceed 261 percent of poverty.
- Cancer screening services are available to residents with household incomes up to 200 percent of poverty.
How do I apply?
- You can apply at HealthCare.gov at any time – Medicaid enrollment is available year-round.
- You can also apply online at apply.mt.gov anytime during the year.
- You can also apply over the phone with HealthCare.gov by calling 1-800-318-2596.
- You can apply in-person at any of Montana’s Offices of Public Assistance.
- You can print a paper application and mail or deliver it to an Office of Public Assistance. The application will determine your eligibility for a variety of public assistance programs in addition to Medicaid.
Montana Medicaid history
Medicaid became effective in Montana in July 1967, putting the state around the middle of the pack in terms of implementing the program.
As of June 2011, Montana’s Medicaid program was providing coverage for 60,800 children, 19,900 adults, 10,500 elderly, and 19,600 disabled residents. A total of 178,846 people had coverage in Montana’s Medicaid/CHIP programs as of June 2015, which was an increase of 20 percent over the 148,974 people who had coverage at the end of 2013.
The increase occurred despite the fact that Montana’s Medicaid expansion didn’t take effect until 2016, due in part to several improvements the state had made to the Medicaid program over the preceding few years. In 2011 and 2012, payment rates for providers were increased. In 2011, the state expanded the existing eligibility rules, and also simplified the application and renewal process. And in both 2011 and 2012, Montana expanded the long term care portion of its Medicaid program.
By February 2019, after the expanded guidelines had been in place for three years, total Medicaid/CHIP enrollment in Montana had grown to 278,217 people — an 87 percent increase since the end of 2013.
Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org. Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.