County operated nursing homes have a long history. They haven’t kept up with the changing environment. So even if a bit oversimplified, it’s worth taking a long view.
First Generation. Non-Medical, Primarily County Funded
Long before Medicare and Medicaid were established in the mid-1960s, county government provided classic public health and backstop services. Indeed, long before the establishment of Social Security in the 19th century, counties operated “poor farms” and “county homes.” The homes were not primarily health services. They were homes for the elderly, including the healthy elderly, especially widows, who did not have enough money to maintain a private home. And as part of their public health services, many also provided public health nursing services.
With the establishment of Social Security, these facilities were less necessary, but many continued because there were still people who still had insufficient income to maintain their own home.
Second Generation, Convert to Health Facilities, Medicare and Medicaid Funding Streams Opened … Wide
With the establishment of Medicare, and even more so, Medicaid, there were new reimbursement streams that made locally funded or subsidized services essentially superfluous. At that time, the county “poor farm” was no longer necessary. But rather than reverting to the more traditional public health role for home care and rather than abandoning their homes, most counties turned their operations into health programs in order to capture the newly available revenues. They thought they could “make money.” (It also meant that using Federal and State money, they could continue the job patronage, but we’ll save that story for later.)
Initially after the creation of Medicare and Medicaid and the very rapid rise in their spending, county homes generated revenue to partially offset the expenditures which previously had been almost entirely based on local property taxes. In some cases, the law had not caught up and they were able to generate revenue from multiple sources for the same expenses.
For example, in the late 1970s, New York’s Public Health Law, Article VI, which pertains to public health functions provided Public Health reimbursement of about 50 percent for allowable functions. That still included capital costs for county nursing homes even though capital costs were also an allowable expense under the new Medicaid program. (Talk about stovepiping!). So apparently counties could include nursing home capital costs and be reimbursed by Medicaid while being reimbursed 50 percent for the same expenses as a public health function. In 1976 or 77, the Public Health reimbursement for 50 percent of county capital costs for new nursing homes was eliminated. But even that change was not without a fight. The counties that had already taken advantage to build new facilties were grandfathered and still got the extra reimbursement.
But at the same time, these new revenue streams were also opened on private for-profit and not-for-profit programs. They grew very rapidly, simultaneously:
- Reducing or eliminating the need for county facilities.
- Increasing Medicaid expenditures, including ironically in New York, county Medicaid expenditures.
- Causing a Federal and State financial backlash.
Third Generation, Medicare and Medicaid Becomes Expensive and Attempts to Control Costs
By the early 1970s, states had already recognized that their Medicaid expenditures were growing very rapidly. In response, New York embarked on a detailed, increasingly sophisticated, intrusive regulatory scheme which controlled prices and access to health markets. While it arguably slowed the growth in Medicaid, it never stopped it and even restraining cost growth was a never-ending battle. Moreover, because the regulatory framework was provider rather than patient focused. Both funds and focus were on individual transactions and services rather than on integrating care.
Of course, the Medicaid cost growth during this period, also cost counties because counties had to pay for a share of Medicaid and its growth. So counties, often without the sheepishness one might have hoped for, would argue for Medicaid cost control and simultaneously argue for expanded Medicaid spending on nursing home care. This has continued even since the enactment of the cap on growth in the local share of Medicaid costs.
In the mid-1990s, mandatory managed care was enacted. But because of the clients and services that were exempted, that mandate essentially applied only to moms and kids on welfare, populations that were relatively healthy. The exemptions may have only applied to 30 percent of the clients, but since those were the clients that had higher need for health services, the exemptions also applied to 70 percent of the expenditures.
So with this history as well as the jobs at stake, it’s no wonder that there’s active resistance to change. But eventually, it had to end.
Fourth Generation, Years of Conventional Medicaid Cost Containment Fail; State Decides to Abandon Fee-for-Service Health Care in Favor of Managed Care for Everyone
In 2011, New York essentially said, “enough.” The State finally decided to bring the rest of the Medicaid population into some form of capitated, case-managed care.
For the purposes of county decision making, this means:
- That the long-term care population from which the bulk of nursing home days of care are drawn, the market for nursing home and home care services, will be managed by a variety of health plans. Nursing homes will no longer bill Medicaid directly for days of care. They will negotiate contracts with health plans and be paid in accordance with those contracts.
- In contracting with health plans and working with them, nursing homes that are the most efficient and the most organizationally responsive, i.e., nimble will have significant advantages over those that are neither.
- The care plans responsible for long-term care patients has an active and compelling incentive to minimize days of care in nursing homes.
County nursing homes are neither financially efficient nor, because they need public debate and political sign-off for any change in operations or policy, organizationally nimble. While they are still figuring out how to get legislative sign-off, their competitors will have already have signed and implemented contracts with health plans.
So is it any wonder that many counties are actively seeking the means to extricate themselves from this trap? Is it any wonder that I argue that Albany County should “Sell it Now“?
- Chautauqua County has released criteria for evaluating potential purchasers of its nursing home.
- Saratoga County has begun the process of evaluating sale of its nursing home, Maplewood Manor.
And Washington County has begun the decision-making process as well, with the predictable reactions of nursing home employees and the also predictably extreme predictions of what will result. My favorite is, “Many expressed fears that privatizing the nursing home and public health home care services into a for-profit business would place restrictions on Medicare patients and, if not profitable, would result in the new owners vacating the county altogether and leaving unemployed health care workers behind.”
Perhaps, as I’ve spent the last five years listening to the most implausible possibilities being used as scare tactics, I’m being a bit unfair or insensitive. But it’s kind of hard to imagine a business spending millions to purchase a county nursing home or home care agency, going through the trouble and expense of reconfiguring it, and then shutting it down. In any case, there are contractual means of assuring operation for at least a stipulated period, say a decade, as a condition of sale.
- Suffolk County is in court after a lengthy difficult fight to sell its nursing home. The political fight over the sale took so long that even after the County had selected a buyer, that State policy changed making it a far less attractive market, the agreement with the buyer expired, and the buyer walked away.
- Ulster is evaluating how to sell its facility.
- Genesse County has already paid for a study of how to reduce its role.
A generation ago, counties hitched their nursing homes to Medicaid. It was great for the first few years, while they were making capital investment decisions. But those decisions trapped them for 30-40 years, while Medicaid got tighter and tighter. Now, it will not only be tighter, it will be fundamentally different and most counties are looking to extricate themselves. Only two counties, Schenectady and Albany, are looking to jump in even deeper by building new facilities. Most however, recognize that if they continue operating nursing homes, they will do so with primarily the same local property tax funded operations that they started with a century or more ago, but they’ll be doing so with much more expensive facilities.
There’s no future in that. The primary issue today is how to manage the transition out.
Tagged as:
County,
Healthcare,
Home Care,
New York,
Nursing Home,
Public Health