Medigap May Be Elusive for Medicare Beneficiaries with Pre-Existing Conditions

Published: Oct 18, 2024

Issue Brief

Medicare supplement insurance, known as Medigap, helps cover Medicare Part A and Part B cost-sharing requirements, including deductibles, copayments, and coinsurance. Medigap policies, which are sold by private insurance companies, are a key source of supplemental coverage for people in traditional Medicare without employer-sponsored retiree benefits or Medicaid (Medigap does not work with Medicare Advantage). In 2022, 12.5 million Medicare beneficiaries, or 42% of all traditional Medicare beneficiaries, had a Medigap policy. However, federal requirements that prohibit the use of medical underwriting by insurers when issuing Medigap policies – known as guaranteed issue protections – are limited, which means it may be hard or impossible for people with pre-existing conditions, like asthma or cancer, to get a Medigap policy, outside of specified time periods. (For more information on the basics of Medigap, see Key Facts About Medigap Enrollment and Premiums for Medicare Beneficiaries).

Federal law requires Medigap insurers to issue Medigap policies without medical underwriting during a one-time, six-month Medigap open enrollment period for beneficiaries ages 65 and older when first enrolling in Medicare Part B, and for certain qualifying events, such as during a Medicare Advantage trial period. But federal law allows Medigap insurers to use medical underwriting to either deny Medicare beneficiaries a policy or charge higher premiums outside of guaranteed issue periods. Federal law also does not require Medigap insurers to issue Medigap policies to people who choose to disenroll from a Medicare Advantage plan, except under limited circumstances, or to beneficiaries under age 65 who qualify for Medicare due to a long-term disability. Some lawmakers have proposed to strengthen federal guaranteed issue protections for the Medigap market, though doing so could impact premiums.

This issue brief analyzes federal and state guaranteed issue rules and how they impact beneficiaries’ access to Medigap, including the implications for Medicare beneficiaries with pre-existing conditions and those under age 65 with long-term disabilities. This brief also explores a recently finalized rule: Nondiscrimination in Health Programs and Activities regarding Section 1557 of the Affordable Care Act that may have implications for the Medigap market. This analysis is based on KFF review and collection of federal and state insurance regulations, insurers’ Medigap applications, other publicly available information, and KFF analysis of data from the Centers for Medicare & Medicaid Services (CMS) Chronic Conditions Data Warehouse Master Beneficiary Summary File (MBSF), 2022.

Key Takeaways

  • Federal law provides some guaranteed issue protections for Medicare beneficiaries who seek to purchase a Medigap policy, such as during the first six months after signing up for Medicare Part B or if their Medicare Advantage plan terminates coverage in their area. However, in all but four states, beneficiaries may be denied a Medigap policy if they have a pre-existing condition if they choose to switch from Medicare Advantage to traditional Medicare outside the initial trial period or seek to purchase a Medigap policy years after enrolling in Medicare.
  • Nine out of ten (90%) Medicare Advantage enrollees ages 65 and older, or 22.4 million people, do not have guaranteed issue protections to purchase Medigap beyond the initial Medicare Advantage trial period, as of 2022.
  • The list of potentially deniable medical conditions includes Alzheimer’s disease, asthma, cancer, congestive heart disease, diabetes with complications, end-stage renal disease (ESRD), high blood pressure, limitations of daily activities, stroke and other conditions, based on KFF’s review of Medigap applications of leading insurers. Applicants may also be charged higher Medigap premiums if they have conditions such as diabetes with no complications, bipolar disorder, or osteoporosis that is treated with infusion. The Affordable Care Act prohibits insurance companies from denying coverage or charging higher premiums based on pre-existing conditions, but does not apply to Medigap insurers.
  • Four states (CT, MA, ME, NY) require either continuous or annual guaranteed issue protections for Medigap for all beneficiaries ages 65 and older, regardless of medical history. With continuous enrollment, insurers are required to issue Medigap policies at any time during the year in Connecticut, Massachusetts and New York; in Maine, which has a one-month guaranteed issue period each year, insurers are required to offer only Medigap Plan A, which is less comprehensive than some Medigap plans, such as Plan G – the most popular policy in 2023. Minnesota enacted legislation to institute annual guaranteed issue protections, which are slated to go into effect on August 1, 2025, though there are indications that implementation may be delayed.
  • Thirty-five states require Medigap insurers to issue policies to Medicare beneficiaries ages 65 and older due to certain qualifying events, such as when an applicant has a change in their employer (retiree) coverage (29 states) or when beneficiaries lose their Medicaid eligibility (10 states).
  • Thirty-six states require insurance companies to offer at least one kind of Medigap policy to Medicare beneficiaries under age 65 with disabilities during an initial open enrollment period, regardless of medical conditions.

The Role of Federal Law in Regulating Medical Underwriting in the Medigap Market

In general, Medigap insurance is state regulated, but also subject to certain federal minimum requirements. Medigap was first federally regulated through the Social Security Disability Amendments, also referred to as the “Baucus Amendments,” in 1980, followed by a second key set of federal regulations that were enacted as part of the Omnibus Budget Reconciliation Act of 1990 (OBRA-90). That law required:

  • The institution of a six-month open enrollment period beginning the first month a beneficiary is enrolled in Medicare Part B, for beneficiaries ages 65 and older
  • A standardized set of benefits across Medigap policies, leading to 10 standard Medigap policies available to beneficiaries. (Three states – Massachusetts, Minnesota, and Wisconsin – have a different set of standardized policies.)
  • Guaranteed plan renewability (with few exceptions)
  • Minimum medical loss ratio requirements
  • Limiting the exclusion period for pre-existing conditions to six months.

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) made some additional changes to the Medigap market, prohibiting insurers from issuing new policies that cover the full Part B deductible, making Plans C and F no longer available to beneficiaries who turned age 65 on or after January 1, 2020.

Pursuant to the requirements mentioned above, federal law provides guaranteed issue protections for Medigap policies during a one-time, six-month Medigap open enrollment period for beneficiaries ages 65 and older, which begins the first month of Medicare Part B coverage, and for certain qualifying events (Table 1). During these defined periods, Medigap insurers cannot deny a Medigap policy to any qualifying applicant based on factors such as age, gender, or health status, nor can they vary premiums based on an applicant’s pre-existing medical conditions or exclude coverage for a pre-existing medical condition (i.e., medical underwriting).

The one-time, six-month guaranteed issue period is intended to mitigate potential selection issues in the Medigap market. Rather than waiting until they incur high health care costs before purchasing a Medigap policy, beneficiaries must generally purchase a policy during the initial open enrollment period or risk not being able to purchase a Medigap policy later. This also has the effect of ensuring that the risk pool includes a mix of both healthier and sicker enrollees, which could keep premiums lower, on average. However, as discussed in more detail below, the one-time open enrollment period also has the effect of locking people out of the Medigap market who might not be at higher risk of incurring high medical expenses in the short term. This could include, for example, a beneficiary who has been enrolled in a Medicare Advantage plan for a few years and wants to switch to traditional Medicare because of network restrictions in Medicare Advantage, but faces medical underwriting based on having pre-existing conditions.

Under federal law, Medigap insurers may impose a waiting period of up to six months to cover services related to pre-existing conditions if the applicant did not have at least six months of prior continuous creditable coverage. For qualifying events that have guaranteed issue rights, people ages 65 and older in Medicare generally have 63 days to apply for a Medigap policy.

When Do People Seeking a Medigap Policy Have Guaranteed Issue Protections Under Federal Law?

Beneficiaries with Traditional Medicare and Employer Retiree Coverage: Medicare beneficiaries have federally qualified guaranteed issue rights to purchase Medigap if their employer cancels their retiree coverage. However, they do not have guaranteed issue rights to purchase Medigap if their retiree coverage changes or if they voluntarily drop retiree coverage.

Beneficiaries with Traditional Medicare and Medigap: Federal law requires that a trial period applies to Medicare beneficiaries in traditional Medicare who cancel their Medigap policy when they enroll in a Medicare Advantage plan (this is not limited to just the first year of enrolling in Medicare). These beneficiaries have time-limited guaranteed issue rights to purchase their same Medigap policy if, within a year of first signing up for a Medicare Advantage plan, they decide to disenroll to return to traditional Medicare. Guaranteed issue rights also apply if their Medigap insurance company goes bankrupt or Medigap coverage ends through no fault of their own, or their Medigap insurance company commits fraud.

Beneficiaries who currently have Medigap do not have federal guaranteed issue protections to switch Medigap policies. They also do not have guaranteed issue protections if they voluntarily drop Medigap and wish to purchase a policy again later. However, beneficiaries may suspend Medigap for up to two years if they become eligible for Medicaid, in which case they have no new medical underwriting or waiting periods for pre-existing conditions when they restart their Medigap.

Beneficiaries with Medicare and Medicaid: Medicare beneficiaries who are dually-eligible individuals, meaning they have both Medicare and Medicaid have premium and cost-sharing protections through Medicaid. Therefore, they typically do not need Medigap protections and in general, Medigap insurers cannot sell Medigap policies to people with Medicaid. If dual-eligible individuals lose their Medicaid eligibility, they are not entitled to a guaranteed issue period to purchase Medigap. However, as noted above, this is not the case for beneficiaries who had Medigap before becoming eligible for Medicaid, in which case they have no new medical underwriting or waiting periods for pre-existing conditions when they restart their Medigap (as long as they did not have Medicaid for more than two years).

Beneficiaries Under Age 65: The federally guaranteed one-time, six-month Medigap open enrollment period does not extend to beneficiaries who qualify for Medicare under age 65. However, when these beneficiaries turn age 65, federal law requires that they are entitled to the same time-limited six-month open enrollment period for Medigap that is available to new beneficiaries ages 65 and older. As discussed below, many states have rules in place that go beyond minimum federal requirements and require insurance companies to offer at least one kind of Medigap policy to Medicare beneficiaries under age 65 with disabilities during an initial open enrollment period, regardless of medical conditions.

Beneficiaries with Medicare Advantage. Medicare Advantage enrollees with pre-existing conditions have limited opportunities to buy Medigap policies if they want to switch to traditional Medicare. Federal law requires that Medigap policies be sold with guaranteed issue rights during a specified trial period for Medicare Advantage plans. This trial period is during the first year adults ages 65 and older enroll in Medicare. During that time, older adults can try a Medicare Advantage plan, but if they disenroll within the first year, they have guaranteed issue rights to purchase any Medigap policy that is sold in their state.

Medicare Advantage enrollees also have guaranteed issue rights to purchase a Medigap policy to supplement coverage under traditional Medicare if:

  • their Medicare Advantage plan discontinues coverage in their area
  • they move to a new area and can no longer access coverage from their Medicare Advantage plan
  • their Medicare Advantage plan is terminated
  • their Medicare Advantage plan commits fraud.

Outside of the trial period and other limited circumstances, Medicare Advantage enrollees who disenroll and obtain coverage under traditional Medicare can be denied a Medigap policy if they have a pre-existing condition. This includes Medicare Advantage enrollees who voluntarily leave a retiree health plan through Medicare Advantage and who seek to purchase a Medigap policy. In the majority of states that allow medical underwriting for Medigap, Medicare Advantage enrollees with pre-existing conditions may be reluctant to switch to traditional Medicare if they are unable to purchase a Medigap policy. This is because Medigap provides added financial protection as a supplement to traditional Medicare, which does not have an out-of-pocket cap for services covered under Medicare Parts A and B, unlike most health insurance plans. In contrast, Medicare Advantage plans are required to have an out-of-pocket limit for Parts A and B.

Nine out of ten (90%) Medicare Advantage enrollees ages 65 and older, or 22.4 million people, are subject to medical underwriting and may be denied coverage if they apply for a Medigap policy outside of the Medicare Advantage trial period or other specific guaranteed issue periods, as of 2022 (Figure 1; Appendix Table 1; see below for state-specific information on guaranteed issue rules).

Nine Out of Ten (90%) Medicare Advantage Enrollees Ages 65 and Older, or 22.4 Million People, Do Not Have Guaranteed Issue Protections for Medigap Outside of the Medicare Advantage Trial Period

The vast majority of Medicare Advantage enrollees do not live in one of the four states with rules in place that require continuous or annual rights to purchase a Medigap policy if they choose coverage under traditional Medicare. Only 10% of Medicare Advantage enrollees ages 65 and older live in these four states, which require insurers to issue Medigap policies without regard to pre-existing conditions, even after their Medicare Advantage trial period ends. (For more detail on the 4 states, see section below: Only Four States Require Continuous or Annual Guaranteed Issue Protections for Medigap for People Ages 65 and Older.)

The total number of Medicare Advantage enrollees who may not be able to switch to traditional Medicare and a purchase a Medigap policy would be even higher if Medicare Advantage enrollees under age 65, who also do not have guaranteed issue protections, were included.

Medigap Insurers Can Deny Coverage Based on Pre-Existing Conditions, Except Under Limited Circumstances

Under current federal law, insurance companies that sell Medigap policies may refuse to sell a policy to an applicant with certain medical conditions, or who has had certain medical procedures or used specific prescription drugs, outside of open enrollment or a guaranteed issue period. This contrasts with other insurance products, like plans sold in the ACA Marketplace or Medicare Advantage, which are not permitted to deny coverage based on pre-existing conditions at any time.

Based on a KFF review of 15 Medigap policy applications from 12 major Medigap insurers, several medical conditions and prescription drugs are listed as possible reasons for medical underwriting or coverage denial (Table 2):

Examples of Declinable Conditions in the Medigap Market, Based on 15 Medigap Applications From Insurers
  • Medical conditions: Medical conditions that are listed by Medigap insurers as reasons for a potential denial on the application include but are not limited to: Alzheimer’s disease, asthma that requires use of inhalers, cancer, congestive heart failure, diabetes with complications (e.g., neuropathy), ESRD, high blood pressure, and stroke (Table 2). Insurers also deny applicants who have undergone certain related procedures, such as a bone marrow, stem cell, or organ transplant or implant of a pacemaker. Many of these conditions are prevalent among Medicare beneficiaries. For example, about two-thirds (67%) of people on Medicare have hypertension, more than a quarter (26%) have diabetes, 19% have chronic kidney disease, 12% have been diagnosed with heart failure, and 10% have had prostate cancer.
  • Functional status: Several applications list indicators of functional status as a potential reason for denial, including having any difficulty performing activities of daily living, being dependent on a wheelchair or motorized device, or being confined to the home.
  • Medications: Underwriting guidelines include long lists of medications that will lead to a potential denial. These medications include insulin greater than 50 units per day to treat diabetes, Zestril for high blood pressure, Revlimid for cancer, Remicade for rheumatoid arthritis, and Lasix for heart disease. For example, one application states, “if the application has taken one or more of the following [medications] within the past 12 months, do not submit the application.”
  • Medical advice: Some applications cite medical advice that has not been addressed as reason for denial. For example, one application asks, “within the past 12 months, have you been advised by a medical professional to have treatment, further evaluation, diagnostic testing, or surgery that has not been performed or do you have pending test results?”
  • Medical service use: Utilization of home health services, rehabilitation services, inpatient hospitalization within a specific time frame (e.g., three or more times within the past two years), or confinement to a nursing facility are also listed as reasons for a declined application.

Several Medigap applications instruct individuals not to submit applications if they have any of the listed pre-existing conditions. For example, one application states, “if the answer to any question…is yes, the application should not be submitted.” Another specifies that “if you answer YES to any [health] question, you are not eligible for coverage.”

A few applications list conditions that will result in higher Medigap premiums but may not result in someone being denied a policy. Examples of these conditions include diabetes with no complications or that requires 50 or less units of insulin, hemophilia, macular degeneration that does not require injections, bipolar disorder or schizophrenia, and osteoporosis that is treated with infusion.

Only Four States Require Continuous or Annual Guaranteed Issue Protections for Medigap for People Ages 65 and Older

States can establish Medigap consumer protections that go further than the minimum federal standards. Only four states – Connecticut, Massachusetts, Maine, and New York – require Medigap insurers to offer policies either continuously throughout the year or once per year to Medicare beneficiaries ages 65 and older without regard to their medical conditions, consistent with prior KFF analysis (Figure 2; Appendix Table 2).

Only Four States (CT, MA, ME, NY) Have Guaranteed Issue Protections for Medigap Either Continuously or Annually, For All Medicare Beneficiaries Ages 65 and Older

Two of these states – Connecticut and New York – have continuous open enrollment, with guaranteed issue rights throughout the year. Massachusetts regulation requires an annual guaranteed issue open enrollment period from February 1st to March 31st, but all insurers in Massachusetts offer continuous open enrollment throughout the year. Maine requires insurers to issue Medigap Plan A during an annual one-month open enrollment period of the insurer’s choosing.

Minnesota has enacted legislation that includes the institution of two guaranteed issue open enrollment periods (one during the annual Medicare open enrollment period from October 15 to December 7 and one during the Medicare Advantage open enrollment period, from January 1 to March 31), which require insurers to issue Medigap policies during these time frames without medical underwriting. Institutionalized individuals can purchase Medigap on a continual basis, with guaranteed issue rights throughout the year. These new rules are slated to go into effect on August 1, 2025, though there are indications that implementation may be delayed.

Consistent with federal law, Medigap insurers in New York, Connecticut, and Maine may impose up to a six-month “waiting period” to cover services related to pre-existing conditions if the applicant did not have six months of continuous creditable coverage prior to purchasing a policy during the initial Medigap open enrollment period. Massachusetts prohibits pre-existing condition waiting periods for its Medicare supplement policies.

States establish certain rules for Medigap insurers, including how to set premiums, and premiums may be based on factors such as a policyholder’s age, smoking status, gender, residential area, and rating system, even during open enrollment and guaranteed issue periods. Premiums can also vary across states due to states’ guaranteed issue requirements, the characteristics of the Medicare population, the number of Medicare beneficiaries, Medicare Advantage penetration, urbanicity of the county, and health care cost and usage patterns. Due to the variety of factors at play, KFF analysis shows that there is not a clear relationship between states with continuous or annual guaranteed issue protections and having consistently higher premiums for Medigap than in other states. However, for Plan G, the states with the three highest average premiums do have more robust guaranteed issue protections. Further, Minnesota recently commissioned a study on the impact of instituting annual guaranteed issue protections and estimated that average annual premiums across all Minnesota Medigap plans would be 6% higher during the first year of implementation, with enrollment in Medigap expected to be 32% higher than if these changes were not in effect.

Thirty-Five States Require Medigap Insurers to Issue Medigap Policies to Beneficiaries Ages 65 and Older Due to Certain Qualifying Events

An additional thirty-three states (as well as Maine and Minnesota since they only have annual guaranteed issue protections) require Medigap insurers to offer policies to eligible applicants ages 65 and older based on certain qualifying events beyond the minimum federal standards (Figure 3, Appendix Table 2):

  • Twenty-nine states require Medigap insurers to issue policies when an applicant has an change in their employer (retiree) coverage, such as a reduction in benefits or an increase in costs, depending on the state. This qualifying event is more expansive than federal law, which applies only when retiree coverage is completely eliminated.
  • Ten states require Medigap insurers to issue policies if Medicare beneficiaries lose their Medicaid eligibility. Medicare beneficiaries who are dually-eligible individuals would no longer have premium and cost-sharing protections through Medicaid if they lose their Medicaid coverage.
  • Twelve states have guaranteed issues rules for other types of qualifying events. For example, Maine extends the federally-required Medicare Advantage trial period from one year to three years. California allows Medicare Advantage enrollees to purchase a Medigap policy from the same Medicare Advantage insurer they are enrolled in (if it sells one) if their Medicare Advantage plan reduced any of its benefits, increased cost sharing, or terminated a contract with a provider currently treating them. If a Medigap policy is not available from their current Medicare Advantage insurer, they can purchase a Medigap policy from a different company if their Medicare Advantage plan increased premiums or copayments by 15% or more, reduced benefits, or terminated a contract with a provider currently treating them.

Additionally, some states have a guaranteed issue period for individuals who missed their 6-month Medigap enrollment period because they were enrolled in Medicaid during the COVID-19 public health emergency (PHE). These individuals were not terminated from Medicaid when they became eligible for Medicare Part B because of the continuous enrollment policy during the PHE, but were later terminated from Medicaid following the end of the PHE.

Thirty-Five States Require Medigap Insurers to Issue Medigap Policies to Beneficiaries Ages 65 and Older to Due to Certain Qualifying Events

Some of these states provide guaranteed issue protections for current Medigap policyholders who want to switch policies (Figure 3, Appendix Table 2):

  • Nine states have what are called “birthday rules” (CA, ID, IL, KY, LA, MD, NV, OK and OR), which require Medigap insurers to allow current policyholders switch each year to a different Medigap policy with equal or lesser benefits from either the same or different insurance carrier, depending on the state, around the time of their birthday. Depending on the state, these Medigap policyholders have between 30 and 63 days to switch policies. (This allowance does not enable beneficiaries who do not already have Medigap to newly purchase a Medigap policy.)
  • Missouri requires Medigap insurers to allow current Medigap policyholders to switch to an equivalent policy from a different insurer within 30 days before or after the annual anniversary date of their policy.
  • Maine requires Medigap insurers to allow current Medigap policyholders to switch to a policy with equal or less generous benefits at any time during the year if there is less than a 90-day gap in coverage.
  • Washington requires Medigap insurers to allow Medigap policyholders to switch to a policy with equal or less generous benefits at any time during the year if there is less than a 90-day gap in coverage, though policyholders with Medigap Plan A are limited to switching to another Plan A, while those with Plans B through N can switch to any other Plan B through N.

Access to Medigap Is More Limited for Medicare Beneficiaries Under Age 65 with Disabilities

Under federal law, Medigap insurers are not required to sell Medigap policies to the over 7 million Medicare beneficiaries who are under age 65, a majority of whom qualify for Medicare based on having a long-term disability and receiving Social Security disability benefits (a small number qualify due to having ESRD or ALS). Higher rates of Medicaid coverage among these beneficiaries, who tend to have relatively low incomes, also contribute to low enrollment in Medigap among beneficiaries under age 65. For these reasons, a significantly smaller share of traditional Medicare beneficiaries under age 65 have Medigap compared to beneficiaries with traditional Medicare ages 65 and older: 7% vs. 46% in 2022 (Figure 4). When these beneficiaries turn age 65, federal law requires that they are entitled to the same six-month open enrollment period for Medigap that is available to new beneficiaries ages 65 and older.

A Small Share (7%) of Adults Under 65 in Traditional Medicare Had a Medigap Policy in 2022

Although Not Required Under Federal Law, Most States Require Medigap Insurers to Offer an Initial Guaranteed Issue Period to Purchase Medigap to People Under Age 65 with Disabilities

Thirty-six states require insurers to issue at least one kind of Medigap policy to beneficiaries under age 65, typically through an initial open enrollment period (Figure 5, Appendix Table 3). Of these 36 states, 25 require insurers to sell all plan types to people under age 65 during the guaranteed issue period. Starting January 1, 2025, Nebraska will require insurers to offer at least one kind of Medigap policy to beneficiaries under age 65, and Indiana, which currently requires insurers to sell only Plan A to people under age 65, will extend this requirement to all Medigap plan types offered by insurers.

In addition to the initial open enrollment period it already offers, when Minnesota institutes two annual Medigap guaranteed issue open enrollment periods: one during the annual Medicare open enrollment period from October 15 to December 7 and one during the Medicare Advantage open enrollment period, from January 1 to March 31, these will apply for beneficiaries ages 65 and older as well as people under age 65 with disabilities.

Thirty-Six States Require Medigap Insurers to Offer at Least One Policy to Beneficiaries Under Age 65 With Disabilities During an Initial Open Enrollment Period

Requirements for People with ESRD: Of the 36 states that require insurers to issue at least one kind of Medigap policy to people under age 65 with disabilities, 26 states explicitly require insurers to also sell these policies to people with ESRD. Four states (California, Massachusetts, Vermont, and Indiana) explicitly state that insurers are not required to sell policies to people with ESRD, though Indiana has enacted a new law requiring insurers to sell Medigap policies to people under 65 with ESRD starting January 1, 2025. The remaining six states are silent on whether insurers must sell at least one policy to people with ESRD.

Requirements for People with ALS: Of the 36 states that require insurers to issue at least one kind of Medigap policy to people under age 65 with disabilities, 25 states specify that they must be sold to people with ALS. Eleven states (including CA, MA, and VT) are silent on whether insurers must sell policies to people with ALS.

This is in addition to the 14 states and D.C that do not require insurers to sell a Medigap policy to people under age 65 with disabilities, including people with ESRD and ALS.

The same four states that have expanded Medigap guaranteed issue rights most broadly for beneficiaries ages 65 and older also require broader access to Medigap for people under age 65.

In addition to offering an initial guaranteed issue period to purchase Medigap, Massachusetts, Maine, New York, and Connecticut require continuous or annual guaranteed protections for people under age 65 with disabilities, though with slightly different requirements than for people ages 65 and older: in Massachusetts, insurers are not required to issue policies to people with ESRD, while in Connecticut, insurers must issue Plan A to people under age 65, as well as Plans B, C, and/or D for insurers that sell these plan types to people ages 65 and older. In Maine, all Medigap plan types must be available to beneficiaries under age 65 with disabilities during the open enrollment period, but after this period, insurers are only required to issue Medigap Plan A to beneficiaries under age 65 during the one-month open enrollment period that happens each year (the same as for people ages 65 and older).

19 of the 36 States That Require Medigap Insurers to Offer Policies to Eligible Applicants Under Age 65 During an Initial Open Enrollment Period Also Do So for Certain Qualifying Events

Nineteen states require Medigap insurers to offer policies to eligible applicants under age 65 based on certain qualifying events (Figure 6, Appendix Table 4):

  • Ten states require Medigap insurers to issue policies when an applicant under age 65 has a change in their employer (retiree) coverage. These 10 states (CA, CO, FL, ID, IL, MN, MO, OR, TX, and VA) also offer guaranteed issue rights for applicants ages 65 and older who have a change in their employer (retiree) coverage. However, some states have more restrictive policies for people under age 65. For example, in Texas, this guaranteed issue right applies only for Medigap Plan A for people under age 65.
  • Five states (CA, CO, OR, TN, and TX) require insurers to issue Medigap policies to beneficiaries under age 65 who lose their Medicaid eligibility. These five states also offer the same guaranteed issue protections for people ages 65 and older, but in the case of Texas, the guaranteed issue right for people under age 65 applies only in the case of Plan A.
  • Ten states have other types of qualifying events:
    • Eight states (CA, ID, KY, ME, MD, MO, OK, OR) require Medigap insurers to allow Medigap policyholders under age 65 to switch to a policy with equal or less generous benefits (e.g., under “birthday rules”).
    • Illinois extends the same federal Medicare Advantage guaranteed issue protections that are available to people ages 65 and older, to people under age 65 in the state. For example, Medicare Advantage enrollees under age 65 in Illinois who move out of their Medicare Advantage plan’s service area, or whose Medicare Advantage plan goes out business, have a 6-month guaranteed issue right to purchase a Medigap policy.
    • Oregon requires that insurers offer a guaranteed issue period to individuals who move to Oregon from a state that does not require Medigap insurers to issue policies to people under age 65.
Nineteen States Require Medigap Insurers to Offer Policies to Eligible Applicants Under Age 65 With Disabilities During Additional Qualifying Events

A New Federal Rule May Have Implications for the Medigap Market

A new federal rule – Nondiscrimination in Health Programs and Activities – has the potential to bring changes to the Medigap market. To date, Medigap policies have not been subject to Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. In May 2024, the Department of Health and Human Services (HHS) issued a final rule clarifying that Section 1557 would apply to Medigap policies offered by insurers that are “principally engaged” in providing health insurance coverage beginning January 1, 2025, and may not engage in behavior that is discriminatory, which could include charging higher rates based on age. This could mean that some current medical underwriting or premium rating practices in the Medigap market could violate Section 1557. The new rule would not apply to companies that sell Medigap policies that do not engage principally in the provision of health insurance coverage, such as those that primarily provide home or auto coverage.

It is unclear the extent to which this rule will change Medigap insurers’ practices and how the rule will be enforced. The rule is also subject to ongoing litigation, including a postponement of the rule in its entirety in Texas and Montana, which could further delay its implementation.

Federal and State Proposals to Enhance Consumer Protections for Medigap

Federal legislation: The Elijah E. Cummings Lower Drug Costs Now Act, which passed the House of Representatives in December 2019, included provisions that would have provided some guaranteed issue protections to Medicare beneficiaries, including requiring the one-time, six-month Medigap open enrollment period to apply to all Medigap-eligible beneficiaries, without regard to age (meaning it would apply to people under age 65), and providing a one-time opportunity for Medicare Advantage enrollees to switch to Medigap, even if they had been in Medicare Advantage beyond the one-year trial period. CBO estimated that these provisions would increase Medicare spending by $14 billion over 10 years (2020-2029). CBO did not estimate the impact on Medigap premiums.

While CBO did not provide a detailed explanation of its cost estimate, certain assumptions might explain the projected increase in Medicare spending. For example, beneficiaries who switch to traditional Medicare may use more services because they have the protection of Medigap coverage, substantially limiting their out-of-pocket costs, which studies show can increase utilization of health care services. The higher use of services under traditional Medicare would have the effect of increasing Medicare spending and raising Medigap premiums. It is not clear whether CBO’s estimate took into account potential savings associated with covering more beneficiaries under traditional Medicare than Medicare Advantage, since Medicare currently pays more, on average, for similar beneficiaries in Medicare Advantage than traditional Medicare.

A change in rules could also impact Medigap premiums if broadening guaranteed issue protections results in “adverse selection” in the Medigap market. Studies show that sicker Medicare Advantage enrollees disenroll into traditional Medicare at relatively higher rates, such as beneficiaries who have 2 or more complex chronic conditions or impairments in activities of daily living. If higher cost beneficiaries gain access to Medigap, premiums could rise. However, if Congress adopted an out-of-pocket cap for traditional Medicare, as some lawmakers have proposed, this might mitigate an increase in premiums or even reduce premiums because Medigap insurers would no longer be liable for costs that enrollees incur above the new limit.

Other bills previously introduced would prohibit medical underwriting in Medigap at all times, except for people who qualify for Medicare on the basis of ESRD or would expand the initial federal guaranteed issue period to all Medicare beneficiaries, including those under age 65 with disabilities, among other changes.

State legislation: Some states have also introduced legislation to expand consumer protections in Medigap. For example, California lawmakers introduced legislation that would require guaranteed issue rights during a 90-day annual open enrollment period. Iowa lawmakers introduced legislation to require guaranteed issue rights during a 30-day annual open enrollment period. Vermont lawmakers also introduced legislation that would provide guaranteed issue rights for people switching from Medicare Advantage to traditional Medicare around the time of their birthday. Other states have bills pending that would offer “birthday rules” in their state – allowing people who currently have Medigap policies to switch policies around the time of their birthday including South Dakota and Wisconsin. None of these legislative efforts have been signed into law.

Methods

The analysis on the share of Medicare Advantage enrollees 65 and older subject to medical underwriting outside of the Medicare Advantage trial period is based on based on Centers for Medicare & Medicaid Services (CMS) Chronic Conditions Data Warehouse Master Beneficiary Summary File (MBSF), 2022.

The state-level analyses on guaranteed issue protections for people ages 65 and older and people under age 65 with disabilities are based on a review of each state’s regulations, guidance documents/manuals, directives, and other publicly accessible government-issued documents.

Additionally, KFF staff contacted states’ insurance departments or State Health Insurance State Health Insurance Department Program (SHIP) offices for clarity in cases where publicly accessible documents were silent on a particular issue.

For the state-level analysis for people ages 65 and older:

  • States are marked as “no” if their regulations or other publicly accessible documents do not specify any additional qualifying events (beyond the federal standard).

For the state-level analysis for people under age 65:

  • States are marked as “no” to having any special qualifying events if 1) they do not require insurers to offer Medigap policies to people under age 65, or 2) they do not have any specified qualifying events or guaranteed issued protections for people under age 65, based on KFF review of state regulations, guidance documents, and contact with insurance departments or State Health Insurance Department Program (SHIP).
  • States are marked as “not specified” if publicly accessible documents do not specify requirements pertaining to each guaranteed issue qualifying event. These qualifying events were identified based on whether they are available to people 65 and older in that state.

Although best efforts were made to check each state’s regulations, guidance documents, and call insurance departments/SHIP offices, it is possible that states marked as “not specified” have rules that were not identified by the research team.

Appendix

Medicare Advantage Enrollees Ages 65 and Older in 37 States Do Not Have Guaranteed Issue Protections Outside of the Initial Trial Period and Other Limited Circumstances
Medigap Guaranteed Issue Requirements for Medicare Beneficiaries Ages 65 and Older by State, 2024
States with Initial Open Enrollment Period for Medigap for Medicare Beneficiaries Under Age 65 by State, 2024
Medigap Guaranteed Issue Requirements for Medicare Beneficiaries Under Age 65 by State, 2024

Gaps in Awareness of Insurance Requirements to Cover Preventive Services Among Women

Published: Oct 18, 2024

The Affordable Care Act (ACA) was passed over 14 years ago and yet, there are still gaps in awareness that federal law requires plans to cover the full cost of recommended preventive health care services, especially contraception.

Under the ACA, most private health plans and Medicaid expansion programs must provide coverage with no cost-sharing for many recommended preventive services that are important to women, including female contraceptives, mammograms, and yearly checkup visits. After a decade of major debates over the future of the ACA, today large majorities across partisanship have a favorable opinion of this ACA policy. However, there have been several legal challenges contesting part or all of the ACA, including an ongoing lawsuit, Braidwood Management Inc. v. Becerra, that aims to eliminate the coverage requirement for certain preventive services. While large shares of women ages 18 to 64 (71%) are aware that the ACA’s preventive services requirements cover an annual check-up for women without cost-sharing, nearly three in ten (29%) women either don’t know or believe it does not. Awareness of the benefit is much lower among women ages 18 to 25 compared to women ages 50 to 64 (52% vs. 77%). Knowledge of the requirement to cover routine mammograms is high (73%) among women over the age of 40, but one in four (26%) are not aware (Figure 1).

Most Women Are Aware That Their Health Plans Must Cover the Full Costs of Annual Check-Ups and Routine Mammograms, But Fewer Are Aware of Contraceptive Coverage Requirements

Even though most women use contraceptives, and plans are required to cover all FDA-approved prescription methods, less than half of reproductive age women (43%) and contraceptive users (47%) know that their insurance should cover the costs in full. Higher shares of Black women are aware of this requirement compared to White women (49% vs. 42%). Notably, less than half (44%) of women with private insurance coverage, for whom this requirement applies, are aware that most insurance plans are required to pay the full cost of birth control for women (Figure 2).

Most Reproductive Age Women Are Not Aware That Plans Are Required to Cover the Full Costs of Contraceptive Services and Supplies

It is possible that some women who are not aware of the contraceptive coverage requirement, have actually paid some out-of-pocket costs for their contraception. There have been a number of reports of people still paying out-of-pocket for their contraception, and recent Congressional investigations have found that some health insurers have continued to charge for contraception that is supposed to be covered in full. In response, the federal government continues to release guidance to clarify and reiterate the requirements for health plans.

Currently, all ACA preventive service requirements are in effect, however, the future is uncertain with legal challenges pending. Furthermore, the lack of knowledge of this benefit may result in fewer women accessing recommended preventive care.

Methodology

The 2024 KFF Women’s Health Survey was designed and analyzed by women’s health researchers at KFF. The survey was conducted from May 13 – June 18, 2024, online and by telephone among a nationally representative sample of 6,246 adults ages 18 to 64, including 3,901 women ages 18 to 49. Women include anyone who selected woman as their gender or who said they were non-binary transgender, or another gender and chose to answer the female set of questions about sexual and reproductive health.

Racial and Ethnic Health Disparities: Potential Implications of the Election

Published: Oct 17, 2024

Former President Trump and Vice President Harris have taken widely different stances and approaches on recognizing and addressing racial and ethnic disparities in health and health care. Former President Trump took executive action to prohibit federal agencies and contractors from providing training based on “divisive concepts” such as racism and sexism. As candidate, he has vowed to focus on “anti-White” racism, not racism against people of color. The Biden-Harris Administration has identified advancing racial equity as a federal priority, acknowledged that structural and systemic racism drive disparities, and recognized that social and economic factors play an important role in determining individuals’ health and well-being. Beyond these differences, variation in the candidates’ actions and proposals across different areas of health care, including health coverage, reproductive and maternal health, and immigrant health and well-being are likely to have important implications for future efforts to address health disparities as outlined below.

Health Coverage

Trump’s record as president included plans to repeal or weaken the Affordable Care Act (ACA) and cap and reduce federal Medicaid financing, while Vice President Harris has focused on efforts to “protect and strengthen Medicaid and the ACA.” Trump has said in the recent campaign that he’s not planning to repeal the ACA, though he has said he has “concepts” of a plan to replace it and would create a plan with “much better health care.” Although the Trump Administration never issued a detailed plan to replace the ACA, Trump’s budget proposals as president included plans to convert the ACA into a block grant to states, cap federal funding for Medicaid, and allow states to relax the ACA’s rules protecting people with preexisting conditions. Those plans, if enacted, would have reduced federal funding for health care by about $1 trillion over a decade, with trade-offs of higher out-of-pocket premiums for people, more uninsured, higher spending and greater risk for states, and restrictions in Medicaid eligibility. Under the Biden-Harris Administration, legislation was enacted that provided incentives for remaining non-expansion states to implement the ACA Medicaid expansion and provided enhanced subsidies for people to purchase Marketplace coverage. Harris has proposed making these enhanced subsidies permanent as they are currently set to expire at the end of 2025. Under the Biden-Harris Administration, there has been record ACA enrollment.

Future directions of ACA Marketplace and Medicaid coverage have important implications for racial and ethnic disparities in health coverage. Following the ACA health coverage expansions in 2014, there were large gains in coverage across racial and ethnic groups, which helped to narrow but not eliminate racial disparities in coverage (Figure 1). Continued efforts to increase access to coverage and improve continuity of coverage could further narrow these disparities. Conversely, coverage losses through the Marketplaces or Medicaid could reverse progress and widen disparities. Health coverage plays a key role in enabling people to access health care and protecting families from high medical costs.

Uninsured Rate Among the Nonelderly Population by Race and Ethnicity, 2010-2022

Changes to Medicaid may have particularly important implications for racial and ethnic health disparities given that it is a major source of health coverage for people of color. Medicaid helps to fill gaps in private coverage for many people of color, particularly children (Figure 2). Research suggests that ACA Medicaid expansion has contributed to a reduction in racial and ethnic disparities in health coverage. Adoption of the ACA Medicaid expansion in the remaining ten non-expansion states could continue to close coverage disparities. Nationally, over six in ten people in the coverage gap are people of color. Moreover, uninsured nonelderly Black people are more likely than White people to fall in the Medicaid “coverage gap” because a greater share live in states that have not implemented the Medicaid expansion.

Health Coverage of Nonelderly Population by Race and Ethnicity, 2022

Reproductive and Maternal Health

Vice President Harris has been and is an outspoken leader and advocate for reproductive freedom, while former President Trump has taken credit for the overturning of Roe v. Wade and has expressed support for letting states set their own abortion policy, including banning abortion. While abortion is the most prominent health care campaign issue, the election could also have large implications for contraceptive care and maternal health. Vice President Harris’ call for reproductive freedom includes access to contraception. The Trump Administration issued multiple regulations that restricted the availability of funding for contraception. During his campaign, he initially expressed that states could restrict access to contraceptives, but shortly afterwards, also said that he would not support this. As Senator, Vice President Harris sponsored the MOMNIBUS, a package of bills aimed at improving quality of and access to maternity care. Among other actions, under the Biden-Harris Administration, legislation was passed that allows states to extend Medicaid postpartum coverage from 60 days to 12 months. It also released a Maternal Health Blueprint that outlines future priorities. Former President Trump also issued a maternal health plan near the end of his term and signed federal legislation that provided funding for maternal mortality review committees.

The outcome of the election may have important implications for abortion restrictions, which in turn, will likely impact racial and ethnic disparities in maternal health. Pregnancy-related mortality rates among American Indian and Alaska Native (AIAN) and Black women are over three times higher compared to White women. State restrictions on abortion in the wake of the overturning of Roe v. Wade may widen maternal health disparities. Six in ten Black and AIAN women of reproductive age live in states with bans or restrictions compared to just over half of their White counterparts (Figure 3). People of color also are more likely than their White counterparts to face structural barriers that make it difficult to travel out of state for an abortion.

State Abortion Policies by Race and Ethnicity Among Women Ages 18-49, 2022

Future directions of Medicaid coverage for pregnant women and family planning services as well as efforts to improve maternal health also may impact disparities. Medicaid covers about 4 in 10 births nationally, including more than two-thirds among Black and AIAN people. Nearly all states have implemented the option to extend postpartum coverage from 60 days to 12 months, facilitating more continuous coverage during this period. KFF research also has found that the ACA’s Medicaid expansion promotes continuity of coverage in both the prenatal and postpartum periods. Additionally, over half of the states have established programs that use Medicaid funds to cover the costs of family planning services for low-income women who remain uninsured, and Medicaid accounts for 75% of all publicly funded family planning. Moreover, many state Medicaid programs have implemented policies, programs, and initiatives to improve maternity care and outcomes, including expanding coverage for benefits such as doula care, home visits, and substance use disorder and mental health treatment; and using new payment, delivery, and performance measurement approaches.

Immigrant Health and Well-Being

As president and candidate, Trump pursued restrictive immigration policies and spread anti-immigrant rhetoric and misinformation; the Harris campaign has emphasized her tough on crime stance as a former attorney general of a border state and her support for stricter border security. During his presidential term, Trump implemented more restrictive enforcement policies, issued a proclamation suspending entry of immigrants into the United States unless they provided proof of health insurance, rescinded the Deferred Action for Childhood Arrivals (DACA) program, and made changes to public charge policies that newly considered the use of non-cash assistance programs, including Medicaid, to determine whether people could enter the U.S. On the campaign trail, he has promised to carry out the “largest domestic deportation” in American history and to end birthright citizenship for children of undocumented immigrants. He also has spread misinformation about immigrants, describing them as a source of crime, a burden for taxpayers, and a drain on government programs like Medicare and Social Security. The Biden-Harris Administration reversed the Trump Administration’s public charge changes and the proclamation that suspended entry of immigrants unless they provided proof of health insurance. It also extended Marketplace eligibility to DACA recipients in 2024.

The future of immigration policies has important implications for the health and well-being of immigrants. Immigrants face large disparities in health and health care, including high uninsured rates, which reflect immigrant eligibility restrictions on health coverage programs funded by the federal government (Figure 4). Undocumented immigrants are prohibited from accessing federally funded programs, including Medicaid, Medicare, and the ACA Marketplaces, while many lawfully present immigrants are not eligible for these programs when they first arrive to the U.S. They also face barriers to care, including language access challenges, confusion about eligibility for health coverage and other public programs, and immigration-related fears. Earlier KFF analysis found that the policies and actions taken under the Trump Administration increased these fears, making immigrants more reluctant to access health coverage and care. Overall, research shows that immigrants use less health care and have lower health care costs than their U.S.-born counterparts, reflecting that they are younger and healthier and that they face greater barriers to care. Data also show that undocumented immigrants contribute billions in federal, state, and local taxes, with a sizeable share going toward programs that they cannot access, like Social Security and Medicare, and that they help subsidize health care for U.S.-born citizens

Uninsured Rates among U.S. Adults by Citizenship and Immigration Status, 2023

Understanding the Inequitable Impacts of Hurricanes and Other Natural Disasters in the Wake of Hurricanes Helene and Milton

Published: Oct 16, 2024

Extreme weather events used to be once in a century occurrences, but due to climate change, they have increased in both intensity and frequency. Hurricane Helene has claimed over 200 lives and is the deadliest hurricane to hit the continental U.S. since Hurricane Katrina. It is also projected to be one of the most expensive storms to hit the country. Hurricane Milton is one of the worst storms to hit Florida in over 100 years. The Biden-Harris Administration has mobilized resources to support the Federal Emergency Management Agency (FEMA), the Department of Defense and efforts to provide emergency assistance to families. At the same time, FEMA is facing ongoing misinformation and disinformation that may hamper response efforts. Amid recovery and response efforts, it’s important to recognize that hurricanes and other natural disasters have far-reaching impacts on health and well-being in their immediate aftermath and over the long-term. These impacts are uneven, with many groups who already face disparities in health and health care bearing the brunt of storms and other disasters. The uneven impacts reflect disparities in people’s risk of exposure to natural disasters; their ability to prepare for, evacuate from, and to recover from a natural disaster; and long-term impacts as discussed below.

Many of the same factors that contribute to health inequities leave some communities at higher risk of experiencing a natural disaster. Low income communities and communities of color are on the front lines of natural disasters and climate change. Due to historical residential segregation including redlining, people of color are more likely to live in neighborhoods that have worse infrastructure increasing their risk of harm and limiting their ability to prepare or safely shelter-in-place. In most states, homes in formerly redlined neighborhoods are more likely to be in flood zones, however in Florida more blue- and greenlined “desirable” neighborhoods have a higher risk of flooding due to proximity to the beach. Data on patterns of flooding associated with Hurricanes Helene and Milton are not yet available. Rural communities face challenges responding to natural disasters, ranging from physical isolation, high poverty rates, and limited access to health care as well as limited financial capacity.

The Southeast region of the U.S. is particularly vulnerable to severe tropical storms due to climate change, and its persistently high poverty rates inhibit residents’ ability to prepare for and recover from storms. Further, many of the states in the Southeast have not implemented the ACA Medicaid expansion, leaving lower income residents in those states with more limited access to health care, which may contribute to challenges addressing both immediate and longer term health needs. A significant proportion of people of color live in the South, with more than half of Black people residing in Southern states. Moreover, one study finds that Black communities are about twice as likely as other communities in the Southeast to experience a hurricane. It is estimated that, by 2050, homes owned by Black people in this region will be nearly twice as likely to be damaged by hurricanes compared to other communities.

Evacuation efforts for storms have highlighted disparities in peoples’ abilities to prepare for and evacuate in advance of major storms. About half of immigrants have limited English proficiency (LEP) and may face language barriers accessing evacuation and preparation resources. When Hurricane Beryl tore through Houston in 2024, significant portions of the city’s community with LEP felt unprepared as most emergency resources were written in Spanish and English but not other languages spoken by a large number of residents. Low-income communities, many of whom are people of color, are more likely to face financial challenges in preparing for natural disasters. A survey of Hurricane Harvey evacuees finds that people who evacuated spent on average between $1,200 to $2,300, accounting for lodging, transportation, food, and lost income.

There are also gaps in federal disaster management and response efforts. Research finds that recovery efforts are often inequitably distributed and favor White and wealthier communities over lower income communities and communities of color. In a KFF survey of Texas Gulf residents affected by Hurricane Harvey, six in ten affected Black residents reported feeling like they were not getting the help they needed to recover compared to a third of affected White residents. Further, a federal report finds that there were disparities in response efforts to Hurricane Harvey in Texas and Hurricane Maria in Puerto Rico, with Hurricane Harvey survivors receiving more aid faster compared to survivors of Hurricane Maria. The report also cited language barriers as a major issue that contributed to delays in people receiving aid and recovery support. Noncitizen immigrants are less likely to access recovery assistance programs than citizens, reflecting eligibility restrictions, immigration-related fears, and language barriers.

The impacts of hurricanes and other natural disasters are long-lasting. Research finds that hurricanes contribute to excess mortality years after they have passed, with Black people generally experiencing higher cumulative excess deaths compared to their White counterparts. In addition, major storms can increase the risk of illness and injury, disrupt infrastructure, and negatively impact the economy. For example, Hurricane Helene’s damage to a key manufacturer of IV solutions in North Carolina has led to a temporary supply disruption that will affect the broader U.S. medical system. Damage to infrastructure caused by storms can also compromise emergency response efforts, limit access to basic needs, and disrupt access to necessary health care and prescription medications. Storms can also have long-lasting mental health impacts. Data from a KFF survey of New Orleans residents who lived in the area during Katrina reported lingering stress and problems with their mental health due to the hurricane, ten years after the storm.

The federal government has taken steps to advance climate change adaptation and promote risk reduction and community resilience. For example, the Building Resilient Infrastructure and Communities initiative supports states, local governments, Tribes, and territories in designing projects to strengthen infrastructure and minimize risks before disasters occur. FEMA has developed a National Risk Index to identify locations most at risk for 18 natural hazards, adopted climate resilience building standards, and dedicated funding to support communities at risk for climate-related extreme weather events and other natural disasters. Research suggests that efforts at the local, state, Tribal, and federal levels are key to adapting to and mitigating the worsening impacts of climate change.

The Opportunities and Realities of Citizen-Initiated State Ballot Abortion Measures

Authors: Mabel Felix, Laurie Sobel, and Alina Salganicoff
Published: Oct 16, 2024

In its Dobbs decision, the Supreme Court wrote that it was returning the decision to restrict or protect abortion “to the people and their elected representatives.” Presidential candidate Trump claims credit for this decision and says that as a result, the “states are voting.” States are making decisions on abortion policy, but it’s mostly been state legislatures and state courts, not the voters, who have weighed in. Few states with abortion bans have a process for citizen-initiated constitutional amendments, including those that would protect the right to abortion. In this current election cycle, in those states, anti-abortion lawmakers and activists have utilized many different strategies in their efforts to block abortion measures from qualifying for the ballot or put roadblocks in their place.

The Challenging Path to the Ballot

Overall, a total of 10 states will vote on abortion measures this November; eight initiated by citizens and two referred by the legislature (Figure 1). Citizen-initiated ballot measures to amend a state’s constitution provide a direct pathway for the electorate to decide whether or not abortion should be legal in their state, regardless of how their elected representatives have approached abortion policy. This pathway is open only in 17 states. While there are a total of 10 states with abortion measures on the November ballot, (Figure 1), voters in five of these states will be voting on whether to invalidate their state’s abortion ban or early gestational restriction.

Abortion Will be On the Ballot in 10 States in November 2024

The stakes of having an abortion measure on the ballot are high for abortion rights supporters and opponents because every time abortion has been placed on the ballot since the Dobbs decision, the side favoring abortion has won. In states with abortion bans or restrictions and a process for citizens to propose constitutional amendments, lawmakers and anti-abortion activists have tried to hamper attempts to place measures on the ballot in a number of ways.

  • In Arizona, an anti-abortion group asked the court to remove the measure from the ballot, arguing that the language available to petition signers did not correctly convey the measure’s impact.
  • In challenges to the proposed abortion amendments in Nebraska and Missouri, opponents argued that the proposals violate the states’ rules that measures pertain to only one subject matter. In Missouri they also argued the petition did not specify which laws and constitutional provisions would be repealed if the amendment were approved by voters. The supreme courts of these states rejected these arguments and allowed the measures to remain on the ballot.
  • In South Dakota, a challenge seeking to disqualify the abortion ballot measure will not reach its conclusion before voters cast their ballots leaving open the possibility that the measure could be invalidated while votes are being cast. A trial at a county court will begin after early voting has commenced to determine the validity of the signatures collected. While voters will cast their votes for this constitutional amendment, if the state supreme court invalidates it, the constitution will not be amended even if the measure receives enough votes to pass.

Moving Goal Posts

  • In 2023, the Arkansas legislature passed a law requiring that constitutional amendment petitions obtain signatures from 50 of 75 counties in the state (up from the previous requirement of 15 counties).
  • Lawmakers in Florida, Missouri, and Oklahoma have introduced legislation to increase the percentage of the vote needed for constitutional amendment measures to pass, but none of these bills passed.
  • In 2023, ahead of an election where voters would weigh in on a constitutional amendment to protect the right to abortion, Ohio lawmakers placed a measure on the August ballot that would have increased the percentage of the vote needed for a Constitutional amendment ballot measure to pass from a simple majority to 60% and that would have increased the required number of counties from which campaigns need to gather signatures from 44 counties to all 88 in the state. Voters rejected the measure to raise the threshold and, in the November 2023 election, 57% of voters approved the abortion rights measure.
  • In 2022, the Arkansas legislature placed a constitutional amendment on the ballot that would have increased the percentage of the vote needed for ballot measures to pass to 60% (up from a simple majority), but as in Ohio, voters in Arkansas rejected the measure.
  • Similar approaches have been adopted in North Dakota and Arizona where this November, voters will cast their ballots on measures that would make it more difficult to get a citizen-initiated constitutional amendment on the ballot.

Using Biased Language in Ballot Materials

  • The Missouri Secretary of State drafted an incorrect summary of the measure for display at polling centers that would have stated the measure “will prohibit any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women.” Proponents of the measure filed a challenge against this summary and a judge struck it down and replaced it with an unbiased description.
  • In Arizona, the Republican-majority legislative council wrote an official ballot measure summary describing fetuses as “unborn human being[s],” which was initially blocked by a lower court, but ultimately upheld by the Arizona Supreme Court.
  • The Florida official financial impact statement for the ballot contains information unrelated to the financial impact of the amendment and speculates about future litigation on reproductive care, falsely implying that the amendment will block the state’s parental consent requirement.

Proposing Competing Initiatives

  • Months after Nebraska’s Protect the Right to Abortion constitutional initiative – which would protect the right to abortion up to viability – had been filed with the Nebraska Secretary of State, anti-abortion advocates introduced competing initiatives. The first, which did not receive enough signatures to appear on the ballot, would have amended the state constitution to define fetuses as persons. The second measure, which will appear on the November ballot, would amend the constitution to ban abortion after the first trimester. If the measure banning abortion after the first trimester and the measure protecting a right to abortion up to viability both pass, the one with most votes would be adopted.

Invalidating Signatures

  • After signatures for the proposed abortion measure were submitted, the Montana Secretary of State changed the rules for determination of acceptable signatures, reclassifying some registered voters as “inactive” and making these signatures unacceptable to be counted toward the total. Proponents of the measure sued to block these changes and won the case, allowing the signatures of newly deemed “inactive” voters to be counted.
  • The Arkansas Secretary of State refused to qualify a proposed measure that would have protected the right to abortion up to 20 weeks LMP, citing lack of compliance regarding paid signature gatherers. This decision was appealed by ballot measured proponents, but the Arkansas Supreme Court upheld this decision, and the initiative failed to make it to the voters.

Citizen-initiated campaigns to amend a state’s constitution can be very costly, especially when litigation is involved. When proponents of these amendments are blocked from placing them on the ballot after months of gathering signatures and campaigning, starting over again may not be financially feasible. It could be difficult to find anew the kind of financial support these petitions need to succeed and in the intervening time, the state legislature could change the rules for citizen initiatives to make amending the constitution even more difficult.

The Wording of the Constitutional Amendment Matters

Even when abortion rights measures pass, some abortion restrictions may remain, making the language of the constitutional amendment and how the state supreme court interprets it an additional important factor in shaping abortion access in the state. For instance, although the 2023 Ohio Reproductive Freedom Amendment prohibits any state laws that “burden, penalize, prohibit, interfere with or discriminate” against abortion care and abortion providers, Ohio laws limiting state Medicaid coverage of abortion, requiring parental consent, and a 22-week LMP gestational limit are still in effect. A state trial court recently blocked Ohio laws that had required a 24-hour waiting period, two in-person visits, and the state-mandated information before providing an abortion, ruling that these laws violate the Reproductive Freedom Amendment. However, this case has been appealed and the ultimate decision rests with the state’s supreme court, which currently has a 4-3 Republican majority. The court could change after the November election in which 3 seats are being contested. However, many voters are not knowledgeable about their state supreme court judges or their positions on abortion. There are 18 states holding elections for their supreme court this year. Two states (Ohio and Michigan) could see a partisan majority flip as a result of this election and other states that have nonpartisan races could also see an ideological shift in their supreme court as a result of the election.

Citizen-Proposed Constitutional Amendments Not an Option in Many States Where Abortion is Banned

Only 2 Remaining States with Abortion Bans or Early Gestational Limits Allow for Citizen Initiatives

Thirteen states with abortion bans or earlier gestational limits do not have a citizen initiative process to amend their constitutions. In these states, citizens cannot directly vote on their state abortion laws beyond electing legislators that support abortion rights or relying on changes in the ideological orientation of their state Supreme Courts. In some of these states, citizens may file legal challenges against abortion laws in hopes that the state supreme court will invalidate them and interpret the state constitution as protective of the right to abortion. However, the South Carolina, Idaho, and Iowa state supreme courts have recently ruled that there is no right to abortion and three statesLouisiana, Tennessee, and West Virginiaamended their state constitution to explicitly state it does not protect a right to abortion.

The 2024 election could be unique in its impact on state abortion laws. If all the measures protecting abortion pass this November, the only remaining states that allow citizen initiatives and ban abortion will be Oklahoma, and Arkansas. Citizen initiatives are also permitted in North Dakota, where a lower court recently struck down the state’s abortion ban. If the Supreme Court of North Dakota reverses the lower court’s ruling, proponents of abortion rights could try to place a constitutional amendment on a ballot at a future date.

The U.S. Government and Global Health

Published: Oct 15, 2024

This fact sheet does not reflect recent changes that have been implemented by the Trump administration, including a foreign aid review and restructuring. For more information, see KFF’s Overview of President Trump’s Executive Actions on Global Health.

Key Facts

  • U.S. government (U.S.) global health efforts aim to help improve the health of people in low- and middle-income countries while also contributing to broader U.S. global development goals, foreign policy priorities, and national security concerns.
  • The U.S. has been engaged in international health activities for more than a century and today is the largest funder and implementer of global health programs worldwide.
  • Many different U.S. government departments and agencies, congressional committees, and funding streams are involved in these efforts.
  • Through both bilateral programs and multilateral engagement, the U.S. supports activities that address a range of global health challenges (including but not limited to HIV, malaria, family planning and reproductive health, maternal and child health, and global health security) in approximately 80 countries.
  • Total U.S. global health funding through regular appropriations was approximately $12.3 billion in FY 2024, up from $5.4 billion in FY 2006; additionally, supplemental funding has been provided in response to emergencies, such as Ebola, Zika, and the COVID-19 pandemic, in certain years.

Why Is the U.S. Engaged in Global Health?

U.S. global health efforts aim to help improve the health of people in developing countries while also contributing to broader U.S. global development goals (e.g., advancing a free, peaceful, and prosperous world), foreign policy priorities (e.g., promoting democratic institutions, upholding universal values, and promoting human dignity), and national security concerns (e.g., protecting Americans from external threats, sustaining a stable and open international system).1  For these reasons, the U.S. government has been engaged in international health activities for more than a century and today is the largest funder and implementer of global health programs worldwide. The U.S. global health response – a key component of the U.S. international development portfolio, accounting for about 17% of the international affairs budget2  – is a multi-pronged, multi-billion dollar investment that targets a myriad of global health challenges, countries, and stakeholders. Efforts involve many different U.S. government departments and agencies, congressional committees, and funding streams.

What Is the U.S. Role?

The U.S. role in global health is multifaceted. The U.S. government:

  • acts as a donor by providing financial and other health-related development assistance (e.g., commodities, like contraceptives, or bed nets for protection from disease-carrying mosquitoes) to low- and middle-income countries;
  • operates programs and delivers health services;
  • provides technical assistance and other capacity-building support;
  • participates in major international health organizations through global health diplomacy and other efforts;
  • conducts research;
  • supports international responses to disasters and other emergencies; and
  • partners with governments, non-governmental groups, and the private sector.

What Agencies and Departments Are Involved?

The U.S. engagement in global health is largely carried out by executive branch departments and agencies (see organization chart below), but the legislative branch also plays an important role.

This figure is a visual representation of the "Organization of U.S. Global Health Efforts." It is seperated between Congress and the White House (which branches off into USAID, State, and HHS).

 

Executive Branch

Day-to-day, U.S. global health activities are administered through arms of the government, including: the White House through its National Security Council (NSC), which acts to coordinate national security and foreign policy decisions across federal agencies, with staff focused on development, global health, and humanitarian response as well as global health security and biodefense, along with the White House’s Office of Pandemic Preparedness and Response Policy (OPPR) and Office of Science and Technology Policy (OSTP); the Department of State through its new Bureau for Global Health Security and Diplomacy (GHSD), which coordinates the Department’s work on global health security and HIV, including PEPFAR, as well as provides diplomatic support (through U.S. Ambassadors and others) in implementing U.S. global health efforts; the U.S. Agency for International Development (USAID), which leads U.S. international development assistance and implements U.S. global health programs including through its Bureau for Global Health; and Department of Health and Human Services (HHS) operating divisions, particularly the Centers for Disease Control and Prevention (CDC), which works to prevent, detect, and respond to disease threats around the world including through its Center for Global Health, and the National Institutes of Health (NIH), which conducts behavioral and biomedical science research, including global health research, on diseases and is the largest public funder of biomedical research in the world. Additionally, the HHS Office of Global Affairs leads the department’s engagement with bilateral and multilateral partners.

Legislative Branch

Congress introduces, considers, and passes global health-related legislation; oversees global health efforts; authorizes and appropriates funding; and confirms presidential appointees to key U.S. global health positions. See the KFF primer on Congress and global health.

What Types of Efforts Are Supported?3 

The U.S. government supports a wide array of bilateral and multilateral global health efforts in countries around the world, partnering with numerous community and private sector organizations, as well as other governments and international and multilateral organizations, to carry out its global health activities:

Bilateral Efforts

U.S. bilateral (two-party; country-to-country; U.S. support that is for the benefit of another country and is provided to a government, NGO, or other group for this purpose) programs provide direct support to approximately 80 low- and middle-income countries and typically operate in a particular set of countries with their own budgets, staff, strategies, objectives, and monitoring and evaluation practices; they often involve multiple U.S. agencies/departments.4  See “What Are the Major Programs?” below.

Multilateral Efforts

U.S. support for multilateral (multi-country, usually through an international organization involving or supported by multiple governments; U.S. support provided to a multilateral organization is channeled to support programs in or benefitting other countries) global health efforts includes:

  • making financial contributions to international organizations (e.g., Gavi, the Vaccine Alliance [Gavi], and the Global Fund to Fight AIDS, Tuberculosis and Malaria [the Global Fund]) and United Nations agencies (e.g., the United Nations Children’s Fund [UNICEF]);
  • serving as a member-nation of large multilateral health organizations (e.g., the World Health Organization [WHO] – see the KFF fact sheet);
  • participating in multilateral governance (e.g., as a Board member of an organization);
  • serving as signatory to international health standards, treaties, and agreements;
  • providing technical assistance to international organizations; and
  • providing additional staff capacity to international organizations (by detailing U.S. government employees to these organizations for periods of time).

What Are the Major Programs?

HIV/PEPFAR

While the U.S. first provided funding to address the emerging global HIV epidemic in 1986, funding and attention has increased significantly in the last decade, particularly following the 2003 announcement of the President’s Emergency Plan for AIDS Relief (PEPFAR) by President Bush. PEPFAR’s launch led to a major increase in U.S. support for HIV prevention, treatment, and care efforts, as well as contributions to the Global Fund, the Joint United Nations Programme on HIV/AIDS (UNAIDS), and the International AIDS Vaccine Initiative (IAVI). The Department of State’s U.S. Global AIDS Coordinator oversees this government-wide effort, which is implemented by USAID, CDC, and other agencies.5  See the KFF fact sheet on the global HIV/AIDS epidemic, the KFF fact sheet on U.S. PEPFAR efforts, and the KFF fact sheet on the U.S. and the Global Fund.

Tuberculosis (TB)

USAID began its global TB control program in 1998, and since that time, the U.S. response has grown, particularly expanding after 2003 when the U.S. government’s commitment to addressing TB was highlighted as part of PEPFAR. Today, led by USAID and implemented by and involving several agencies, U.S. TB efforts focus on diagnosis, treatment, and control of TB (including multi-drug resistant and extensively drug-resistant TB [MDR/XDR TB]) and on research. The U.S. is also a donor to the Global Drug Facility of the Stop TB Partnership, a global network of public and private entities working to eliminate TB.6  See the KFF fact sheet on U.S. TB efforts.

Malaria/PMI

Engaged in malaria work since the 1950s, the U.S. supports malaria efforts through the President’s Malaria Initiative (PMI, launched in 2005) as well as other activities, including research. PMI programs, overseen by USAID’s U.S. Global Malaria Coordinator and implemented by USAID and CDC, center on expanding coverage of six key high-impact interventions: diagnosis of malaria and treatment with artemisinin-based combination therapies (ACTs), entomological monitoring, intermittent preventive treatment in pregnancy (IPTp), indoor residual spraying (IRS) with insecticides, insecticide-treated mosquito nets (ITNs), and seasonal malaria chemoprevention (SMC). See the KFF fact sheet on PMI and other U.S. malaria efforts.

Neglected Tropical Diseases (NTDs)

Having historically engaged in NTD efforts through research and surveillance, the U.S. expanded its response by launching the USAID NTD Program in 2006, which aimed to reduce the prevalence of seven NTDs (ascariasis or roundworm, hookworm, trichuriasis or whipworm, lymphatic filariasis or elephantiasis, onchocerciasis or river blindness, schistosomiasis or snail fever, and trachoma) through integrated treatment programs using mass drug administration (MDA), and the U.S. NTD Initiative in 2008, which aimed to intensify efforts and increase funding for activities across the U.S. government. Efforts are led by USAID and involve CDC, the National Institutes of Health (NIH), and other agencies. See the KFF fact sheet on U.S. NTD efforts.

Family Planning/Reproductive Health (FP/RH)

The U.S. has been engaged in international research on FP and population issues as well as other FP/RH efforts, including the purchase and distribution of contraceptives in developing countries, since the 1960s. Today, led by USAID and involving several agencies, U.S. FP/RH activities are designed to decrease the risk of unintended pregnancies and maternal and child mortality through effective interventions, including contraception, counseling, and post-abortion care. See the KFF fact sheet on U.S. FP/RH efforts and the KFF fact sheet on statutory requirements and policies related to these efforts.

Maternal and Child Health (MCH)

The U.S. has been involved in efforts to improve MCH since the 1960s. Today, led by USAID and involving several agencies, U.S. MCH activities aim to: improve equity of access to and use of services by vulnerable populations; bring to scale a range of high impact interventions that mitigate maternal, newborn, and under-five deaths; prevent and address the indirect causes of such deaths (such as HIV, TB, and malaria); strengthen integration of maternal health services with FP; and strengthen health systems. Additionally, some water, sanitation, and hygiene (WASH) activities are part of the environmental health efforts within the USAID MCH program. The U.S. is also a donor to global organizations addressing MCH, like Gavi; UNICEF; and the Global Polio Eradication Initiative (GPEI). See the KFF fact sheet on U.S. MCH efforts, the KFF fact sheet on U.S. polio efforts, and the KFF fact sheet on the U.S. and Gavi.

Nutrition/Feed the Future

For more than 40 years, USAID has been involved in nutrition efforts, aiming to prevent undernutrition through interventions such as nutrition education, nutrition during pregnancy, exclusive breastfeeding, and micronutrient supplementation.7  USAID’s nutrition efforts are coordinated with the U.S. Feed the Future Initiative (FtF, launched in 2009), which aims to address global hunger and food security and is led by USAID with several U.S. government agencies including the U.S. Department of Agriculture. See the KFF fact sheet on U.S. MCH efforts (which includes U.S. nutrition efforts).

Global Health Security

While the U.S. government has supported global health security (GHS) work for more than two decades, its involvement has expanded over time, with attention to these efforts growing significantly due to the COVID-19 pandemic. Meant to reduce the threat of emerging and re-emerging diseases by supporting preparedness, detection, and response capabilities worldwide, U.S. GHS efforts are primarily carried out by the White House, USAID, CDC, the Department of Defense (DoD), and the Department of State. The U.S. has also played a key role in development of the “Global Health Security Agenda (GHSA),” an international partnership launched in 2014 and now involving more than 70 countries and international organizations. Through the GHSA, U.S. government agencies work with host governments and partners to help countries make measurable improvements in capabilities to detect and respond to emerging disease events and achieve global health security targets. Further, in 2022 the U.S. was an early supporter and is the largest funder of the Pandemic Fund, a multilateral global financing mechanism that aims to help countries build their capacity to prevent, prepare for, and respond to epidemics and pandemics. See the KFF brief on the U.S. GHS efforts.

Where Do These Programs Operate?

U.S. global health efforts are carried out in approximately 80 countries through bilateral support to countries or through regional programs.8  The majority of countries reached through bilateral support are located in sub-Saharan Africa (35 countries), followed by the Western Hemisphere (16 countries), East Asia and Oceania (11 countries), South and Central Asia (9 countries), Europe and Eurasia (4 countries), and Middle East and North Africa (4 countries) (see the KFF tracker on U.S. global health programs by country and region). Additional countries are reached indirectly through U.S. contributions to multilateral organizations. The U.S. typically operates multiple global health programs in most of the countries. While more support is generally directed to countries facing a higher burden of disease, other factors influencing where U.S. health assistance is directed include the presence of willing and able partner governments; a history of positive relations and goodwill with host countries; strategic and national security priorities; funding; and personnel availability.9 

How Much Funding Is Provided?10 

The U.S. is the largest donor to global health in the world, and its investment in global health has grown significantly since the early 2000s.11  However, since FY 2010, U.S. funding for global health has remained relatively flat, with spikes in some years due to emergency supplemental funding for disease outbreaks (see figure below). Key highlights and funding trends include (also see KFF’s U.S. global health budget tracker and fact sheets):

  • funding for global health is channeled through multiple agencies and programs; most funding is provided by Congress to the Department of State (largely because most PEPFAR funding is channeled through the department), followed by USAID, HHS, and DoD;12 
  • the majority of U.S. funding for global health (around 80%) is captured under the Global Health Programs account, with an additional $1-2 billion per year for global health activities provided through other accounts;
  • most U.S. global health funding goes to HIV programs, which have received the most funding of any U.S. global health program since FY 2001 and have historically accounted for approximately half of total funding through regular appropriations;
  • most funding (approximately 80% in the last decade) is provided bilaterally with the remainder provided to multilateral organizations, such as the Global Fund and Gavi (see the KFF brief on U.S. multilateral global health engagement);13  and
  • most U.S. global health funding designated for specific country and regional efforts is allocated to sub-Saharan Africa, followed by South and Central Asia, the Western Hemisphere, East Asia and Oceania, the Middle East and North Africa, and Europe and Eurasia.14 
U.S. Global Health Funding (in billions), FY 2006 - FY 2025 Request
  1. USAID website, “Mission, Vision and Values,” webpage, https://www.usaid.gov/about-us/mission-vision-values; U.S. Department of State and USAID, Joint Strategic Plan FY2022-FY2026, March 2022. White House, National Security Strategy, October 2022. ↩︎
  2. KFF analysis of the FY 2025 International Affairs Congressional Budget Justification. This percentage is the share of State and USAID global health funding provided through the International Affairs account (including Function 150, 300, and 800 accounts). ↩︎
  3. KFF global health policy fact sheets, https://modern.kff.org/topic/global-health-policy/?s=&fs%5Bcustom_date_range%5D%5B%5D=&fs%5Bcustom_date_range%5D%5B%5D=&fs%5Bpost_type%5D%5B%5D=fact-sheet&layout=list. ↩︎
  4. KFF analysis of FY 2023 country level data in the U.S. Foreign Assistance Dashboard website, ForeignAssistance.gov, accessed June 2024. Includes countries receiving bilateral global health funding through the Global Health Programs (GHP), Economic Support Fund (ESF), and Development Assistance (DA) accounts. Due to the unique nature of the program, funding provided through the Food for Peace (FFP) account at USAID is not included in this analysis. The U.S. Foreign Assistance Dashboard does not break out bilateral funding for NTDs. As such, this analysis includes countries supported by USAID’s NTDs and programs as reported by USAID’s “Where we work” page accessed https://www.neglecteddiseases.gov/where-we-work and through personal communication with USAID. Additional countries may be reached through regional programs. ↩︎
  5. Other agencies and departments involved include the National Security Council (NSC), National Institutes of Health (NIH), Health Resources and Services Administration (HRSA), U.S. Food and Drug Administration (FDA), Peace Corps, and Departments of Labor, Commerce, and Defense (DoD). ↩︎
  6. Stop TB Partnership website, www.stoptb.org/. ↩︎
  7. USAID, “Nutrition,” webpage, https://www.usaid.gov/global-health/health-areas/nutrition. ↩︎
  8. Reflects U.S. global health programs by country and region as identified in FY 2023 planned funding data from ForeignAssistance.gov for all global health programs, with the exception of Neglected Tropical Diseases (NTDs), whose countries were identified through the FY 2023 USAID NTD fact sheet and personal communication with USAID. See also KFF’s U.S. Global Health Budget Tracker for more details on planned funding by country. ↩︎
  9. KFF, The U.S. Global Health Initiative: A Country Analysis, 2011. ↩︎
  10. Unless otherwise specified, U.S. global health funding in this section refers to funding through regular appropriations only. KFF analysis of data from the Office of Management and Budget, Agency Congressional Budget Justifications and Operating Plans, Congressional Appropriations Bills, Press Releases, and Conference Reports; and U.S. Foreign Assistance Dashboard website, ForeignAssistance.gov. ↩︎
  11. KFF, Historical Trends in U.S. Funding for Global Health, May 2021. KFF analysis of OECD DAC CRS database, June 2024. KFF analysis of data from the Office of Management and Budget, Agency Congressional Budget Justifications and Operating Plans, Congressional Appropriations Bills, Press Releases, and Conference Reports; and U.S. Foreign Assistance Dashboard website, ForeignAssistance.gov. ↩︎
  12. Based on specified funding for global health programs in the President’s budget request, ForeignAssistance.gov, and Congressional appropriations bills. There is additional funding for global health activities that is determined at the agency level and is not specified by the Administration or in Congressional appropriations (e.g., Economic Support Fund [ESF] at USAID); these amounts are estimated using prior year levels. ↩︎
  13. KFF analysis of data from the Office of Management and Budget, Agency Congressional Budget Justifications and Operating Plans, Congressional Appropriations Bills, Press Releases, and Conference Reports; and U.S. Foreign Assistance Dashboard website, ForeignAssistance.gov. ↩︎
  14. KFF analysis of FY 2023 country level data in the U.S. Foreign Assistance Dashboard website, ForeignAssistance.gov, accessed June 2024. Includes countries receiving bilateral global health funding through the Global Health Programs (GHP), Economic Support Fund (ESF), and Development Assistance (DA) accounts. Due to the unique nature of the program, funding provided through the Food for Peace (FFP) account at USAID is not included in this analysis. ↩︎

2025 Medicare Advantage Plan Choices are Stable, Following Years of Steady Growth

Authors: Jeannie Fuglesten Biniek, Meredith Freed, Anthony Damico, and Tricia Neuman
Published: Oct 15, 2024

Note: This analysis was updated on November 25th to reflect the October version of the 2025 CMS Landscape file. For more information, please see: Medicare Advantage 2025 Spotlight: A First Look at Plan Offerings | KFF and Medicare Advantage 2025 Spotlight: A First Look at Plan Premiums and Benefits | KFF

In the months leading up to the Medicare annual open enrollment period that runs from October 15th through December 7th, there were questions about how modifications to the payment formula and higher utilization would impact the number of Medicare Advantage plans that would be offered in 2025. A review of the plans available for individual enrollment shows that the total number of plans declined by 6% (from 3,959 to 3,719). Some reports have suggested that this translates into a dramatic drop in the number of plans available to the average Medicare beneficiary. However, taking a closer look, the Medicare Advantage market appears relatively stable.

KFF analysis finds the average Medicare beneficiary will have the option of 34 Medicare Advantage prescription drug (MA-PD) plans in 2025, just 2 fewer than the 36 options available in 2024 (Figure 1). Across all plans for individual enrollment, including those with and without prescription drug coverage, the average beneficiary has 42 options in 2025, compared to 43 options in both 2023 and 2024. Since 2018, the number of plans available to the average beneficiary has doubled.

The Number of Medicare Advantage Plans Available to the Average Medicare Beneficiary is Stable in 2025

While a full KFF analysis of plan offerings and benefits will follow, at a high level, 2025 looks similar to 2024 in terms of plan choice.

    The average Medicare beneficiary has access to plans offered by 8 different firms in 2025, the same as in 2024, and an increase of 2 firms since 2018. Virtually all enrollees (99%) also have access to at least one zero premium plan that includes prescription drug coverage, consistent with recent years and substantially higher than the 84% in 2018.

The decrease in the total number of Medicare Advantage plans means that some Medicare beneficiaries will find that their current coverage is no longer an option for next year. In most cases, these beneficiaries live in counties where they will continue to have a myriad of Medicare Advantage plan options, potentially including some from the same insurer for the plan in which they are currently enrolled. In some cases, people will be moved into a new plan under the same insurer automatically if the contract includes another plan of the same type (i.e., HMO or PPO) in the same county. Others will have to make an active choice about their Medicare coverage if they wish to enroll in another Medicare Advantage plan.

Though higher than in previous years, a relatively small number of Medicare Advantage beneficiaries are enrolled in a plan in 2024 that has been terminated for the coming year and will not be automatically assigned to a new plan. People in this group will be able to enroll in another Medicare Advantage plan if one is available or choose traditional Medicare. If they choose traditional Medicare, they will qualify for a special enrollment period for Medigap with guaranteed issue rights, meaning they can switch to traditional Medicare and will not be denied a Medigap policy due to a pre-existing condition.

Every year, Medicare Advantage plans change in ways that could be important to enrollees, including the scope and generosity of extra benefits, cost sharing for Medicare-covered benefits, rules for using covered services (such as referral requirements and prior authorization), drug formularies, and provider networks. Despite these changes, most Medicare beneficiaries report that they do not compare coverage options on an annual basis. While reviewing the various features of plans can be daunting, beneficiaries can take some comfort in the stability of the Medicare Advantage market in terms of the number of plans available to them in 2025.

Teens, Drugs, and Overdose: Contrasting Pre-Pandemic and Current Trends

Authors: Nirmita Panchal and Sasha Zitter
Published: Oct 15, 2024

Teenage drug and alcohol use is on the decline and, for the first time in recent years, drug overdose deaths among teens have slightly decreased. Adolescent overdose fatalities first spiked with the onset of the pandemic, nearly doubling from 282 deaths in 2019 to 546 deaths in 2020. These deaths decreased from 721 in 2022 to 708 in 2023, a small reduction that marked a plateau and possibly the start of a decline in adolescent overdose deaths. While it is too early to determine what the direction of overdose deaths may be, factors that may have contributed to the small decline include a decrease in pandemic-related stressors along with policies aimed at reducing overdose deaths. Through the Biden-Harris Administration, naloxone was made available over the counter, access to substance use treatment and education was expanded, including in schools, and the Kids Online Health and Safety Task Force was launched, which aims to prevent teens from purchasing drugs via social media. With the 2024 Presidential election approaching and both candidates’ plans to address the youth drug crisis differing widely, future policy efforts will depend on election outcomes.

This issue brief analyzes CDC WONDER data – including provisional data from 2023 – and data from national surveys of adolescent youth to highlight trends in substance use and overdose deaths. It explores how and where teenagers receive substance use information and treatment and how school settings can be leveraged to enhance prevention measures. Lastly, it examines federal and state prevention efforts and social media’s role in the drug crisis.

Adolescent drug fatalities more than doubled in recent years – primarily due to opioids – but slightly decreased by the end of 2023. There were 708 adolescents drug fatalities in 2023, compared to 721 in 2022 (Figure 1). Additionally, a recent KFF analysis found that opioid-related deaths among adolescents decreased in the second half of 2023. Although these findings represent the first decrease in drug overdose fatalities in recent years, they remain more than twice as high as the number of adolescent overdose fatalities prior to the pandemic (708 deaths in 2023 vs. 282 deaths in 2019, Figure 1).

Adolescent Overdose Deaths Have Increased Since Before the Pandemic, Primarily Driven by Opioids

Fentanyl overdose deaths increased by 2% from 2022 to 2023, marking the smallest annual increase in fentanyl deaths among adolescents since the pandemic began. The synthetic opioid, fentanyl, has largely driven the increase in adolescent drug fatalities since the pandemic began. In the first year of the pandemic, adolescent overdose deaths involving fentanyl increased by 177% (from 128 deaths in 2019 to 354 in 2020, Figure 1). While these deaths remain higher than pre-pandemic levels, the increase slowed to 2% from 2022 to 2023 (527 and 539 deaths, respectively).

The share of all drug overdose deaths that involved fentanyl increased faster among adolescents than adults in recent years (Figure 2). Fentanyl deaths as a share of all adolescent drug overdose deaths increased significantly from 32% in 2018 to 65% in 2020. This increase marked the first time the share of drug fatalities involving fentanyl was higher among adolescents than adults (65% vs 62% in 2020). This gap has continued to slowly widen – in 2023, 76% and 69% of adolescent and adult drug fatalities involved fentanyl, respectively. While the share of fentanyl deaths increased more among adolescents than adults over time, the number and rates of these deaths remains much lower among adolescents compared to adults (539 vs. 72,000 deaths; and 2.1 vs. 27.6 deaths per 100,000 in 2023).

The Share of Drug Fatalities Involving Fentanyl Increased Faster Among Adolescents Than Adults in Recent Years

Adolescents may obtain drugs through social media, and these drugs are often contaminated with fentanyl. In 2023, seven out of every ten counterfeit opioid pills were found by the Drug Enforcement Administration to contain a potentially deadly dose of the drug. Fentanyl is exceedingly lethal and is often used to lace drugs because it is cheap and highly potent. With the onset of the pandemic, fentanyl spread quickly into drug supplies and is often trafficked by U.S. citizens (although misinformation incorrectly links the spread of fentanyl to undocumented immigrants). Adolescent fentanyl overdoses are thought to be mostly accidental, as teens search for prescription opioids or other drugs, either for recreational or self-medication purposes, but instead encounter fentanyl-contaminated pills. Adolescents may acquire drugs through social media platforms, which are frequently scrutinized for lacking regulation around illegal drug sales. The National Crime Prevention Council estimates that eight in ten teen and young adult fentanyl overdose deaths are associated with social media contact.

Despite the increase in drug overdose deaths among adolescents in recent years, their use of drugs and alcohol has slightly declined (Figure 3). In 2023, 10% of high school students reported ever using select illicit drugs, including cocaine, heroin, inhalants, methamphetamines, ecstasy, or hallucinogens, a slight decrease from 2017 (13%). Declines were also reported in opioid misuse (14% vs. 12%) and current alcohol use (30% vs. 22%) among high school students during the same period. Marijuana use has fluctuated, but ultimately decreased slightly since 2017 (20% vs. 17% in 2023). However, adolescent marijuana use may be linked to the onset of psychotic disorders, including depression and suicidality. Among high school students, the use of e-cigarettes declined from 14% in 2022 to 10% in 2023, although e-cigarettes remain the most often used tobacco product among this population in recent years. Factors that may have contributed to the overall decline in substance use among adolescents include public education initiatives and earlier intervention.

Substance Use Among High School Students Has Decreased Over Time

As adolescent substance use and related deaths showed slight signs of improvement in 2023, so did adolescent mental health. The share of high school students reporting feelings of sadness and hopelessness – which can be indicative of depressive disorder – increased from 30% in 2013 to 42% in 2021, before slightly declining to 40% in 2023. The co-occurrence of poor mental health and substance use is common, with one in five youth who had a major depressive episode in the last year also having a substance use disorder. In a recent, CDC convenience sample survey of teens (ages 13 to 18) who used substances in the last 30 days, many teenagers reported using substances to cope with negative emotions. Although it is too early to know whether adolescent substance use and poor mental health will continue to decline, efforts to identify and harness the driving factors behind this change may help continue the downward trend.

How and where do adolescents receive substance use messaging and treatment?

More than 6 in 10 adolescents report receiving information on drug and alcohol use disorder and prevention in school (Figure 4). This information is disseminated in multiple forms, including special substance use education classes, substance use-related films, lectures, and discussions outside of class, or substance use curricula integrated into health or physical education classes. A similar share of adolescents (63%) viewed messaging on substance use prevention outside of schools, while approximately half spoke with their parents on substance use harms (51%), and a small share participated in prevention programs outside of school settings (7%).

Most Adolescents Receive Substance Use Prevention Messaging in School

In 2023, only 2 out of 10 adolescents with a substance use disorder received treatment in the past year. In 2023, 8.5% of adolescents (or 2.2 million) had a substance use disorder in the past year.1  Among these adolescents, 19.3% (or 423,000) received substance use disorder treatment in the past year.

Adolescents face a number of barriers to substance use treatment, including limited access to residential treatment facilities and buprenorphine. Among the total adolescent population, treatment for any substance use issue was more commonly received in an outpatient setting (3.3%) (i.e. at a medical clinic, doctor’s office, or therapist’s office), followed by an inpatient setting (1.4%) (i.e. at a hospital or residential treatment center) in 2023. Many residential addiction treatment facilities do not accept adolescent patients, and among facilities that do, beds may not be immediately available. The number of treatment facilities by state varies greatly, as do costs. Additionally, few facilities provide buprenorphine, a medication that can reduce withdrawal symptoms and cravings, to adolescents with opioid use disorder or discontinue it prior to discharge. Buprenorphine, a standard treatment for opioid use disorder is not approved for use by those under the age of 16, though it is recommended by the Society for Adolescent Health and Medicine. Still, some pediatricians feel uncomfortable prescribing it to adolescent patients.

Which efforts have been implemented in response to the adolescent drug crisis?

Recent federal efforts, including proposed bipartisan legislation, aim to strengthen youth substance use prevention programs in schools. The bipartisan Keeping Drugs Out of Schools Act was recently introduced, requesting federal authorization of 7 million dollars per year over 5 years for elementary, middle, and high schools to improve their drug prevention programs. The Biden-Harris administration also continues to respond to the youth drug crisis, most recently by allocating $94 million to community efforts to prevent youth overdoses via the Drug Free Communities Support Program, an initiative that often involves partnering with school districts to reduce youth substance use. Further, the Biden-Harris administration’s Safer Communities Act facilitated expansions of behavioral health services in schools through Medicaid resources.

Many states have policies allowing schools to stock naloxone (the opioid overdose reversal drug), an effort that is supported by the Biden-Harris administration, American Medical Association, and National Association of School Nurses. Most states have passed laws explicitly allowing schools to stock, naloxone, but only a few states, including Rhode Island and Washington, require it. Additionally, as of 2023, just over half of the nation’s largest school districts reported they mandate stocking naloxone. Several school districts, including, most recently, Virginia’s Loudon County School Board, have proposed or passed policies allowing students to carry and administer naloxone at school, after meeting certain requirements such as completing overdose-recognition training and obtaining written permission from their guardians. Some states, such as Washington and Oregon, have also passed legislation that integrates fentanyl education into school curricula. Among schools that do not stock naloxone, some worry that doing so will impact their image and label the school as having a drug problem, while others believe that there are more effective uses for limited school funds, as schools are fairly low frequency overdose locations.

Outside of schools, federal and state lawmakers are attempting to address adolescent substance use through online safety legislation. At the federal level, accompanied by the Surgeon General’s advisory on social media and youth mental health, the Biden-Harris Administration announced the Kids Online Health and Safety Task Force, which aims to enhance the health and safety of children on the internet. Similarly, the Kids Online Safety Act, a bill designed to increase regulation and accountability for social media companies, has been passed by the Senate, and President Biden stated he will sign it if it passes the House. Additionally, senators have introduced bipartisan legislation that aims to protect the privacy and wellbeing of children online. Multiple states have introduced legislation focused on media literacy, age verification, and the online distribution of controlled substances. Social media platforms are facing pressure from parents and lawmakers alike to increase regulation and to prevent online drug sales. These tech companies are protected by Section 230 of the Communications Decency Act, which states that they are not liable for material posted on their platforms by third parties. In July of 2024, the Supreme Court turned away a case that would have warranted a thorough review of Section 230, thereby preserving the immunity of these social platforms. With mounting pressure, some social media companies are creating safety features to protect young users, including Meta’s recently announced Teen Accounts feature.

  1. NSDUH screens for substance use disorder based off of DSM-V criteria, asking substance-specific questions to all participants who indicate they have ever used a substance in order to determine the severity (mild, moderate, or severe) of the substance use disorder if one is present. Participants have a substance use disorder if they meet at least two of the eleven diagnostic criteria within the last 12 months. ↩︎

The Impact of HIV on Hispanic/Latino People in the United States

Published: Oct 15, 2024

Key Facts

  • Hispanic/Latino people have been disproportionately affected by HIV/AIDS since the epidemic’s beginning, and that disparity has deepened over time.
  • Between 2010-2022, while HIV diagnoses decreased by 12% overall, Hispanic/Latino people saw a 24% increase.
  • Although they represent only 19% of the U.S. population, Hispanic/Latino people account for a larger share of HIV diagnoses (31%) and people estimated to be living with HIV (26%) compared to their population size.1 
  • Among Hispanic/Latino people, youth and gay and bisexual men have been disproportionately impacted by HIV.
  • Several challenges contribute to the epidemic among Hispanic/Latino people, including poverty, limited access to health care and insurance, lower awareness of HIV status, stigma, and language or cultural barriers in health care settings.
  • Recent data indicates mixed trends, including increasing new HIV diagnoses among Hispanic/Latino people overall, especially among men, but a leveling off among women (see Figure 1), largely related to transmission patterns: HIV diagnoses attributed to male-to-male sexual contact increased but those attributed to heterosexual sex and injection drug use decreased.
  • As the largest and one of the fastest growing ethnic minority groups in the U.S., and one of the only groups to see an increase in HIV diagnoses in recent years, addressing HIV in the Hispanic/Latino community takes on increased importance in efforts to address the epidemic across the country.
HIV Diagnoses in the United States, All People and Among Hispanic/Latino People

Overview

  • Today, there are more than 1.2 million people estimated to be living with HIV in the U.S., including 316,900 who are Hispanic/Latino.
  • Although Hispanic/Latino people represent only 19% of the U.S. population, they accounted for 31% of new HIV diagnoses in 2022 (see Figure 2) and an estimated 26% of people estimated to be living with HIV.
  • Disparities persist in awareness of HIV status, linkage to care, and viral suppression between Hispanic/Latino people and White people.
  • Between 2010-2022, while HIV diagnoses decreased by 12% overall, Hispanic/Latino people saw a 24% increase.
  • The increase in the number of annual HIV diagnoses among Hispanic/Latino people in recent years was concentrated among men who accounted for almost nine in ten new diagnoses (88%) in 2022 (See Figure 1).
  • Of the 10,426 new HIV diagnoses among Hispanic/Latino men in 2022, 91% were attributable to diagnoses among gay and bisexual Hispanic/Latino men.
New HIV Diagnoses & U.S. Population, by Race/Ethnicity, 2022
  • The rate of new HIV diagnoses per 100,000 among adult and adolescent Hispanic/Latino people (23.4) was over 4 times that of White people (5.3) but about half that of Black people (41.6) in 2022 (see Figure 3). Looking by sex and race, the rate for Hispanic/Latino men (40.8) was the second highest of any group after Black men (66.3) and over 4 times that of White men (8.7). Latina women (5.5) had the third highest rate among women (tied with American Indian/Alaska Native women) after Multiracial women (8.2) and Black women (19.2).
Rates of New HIV Diagnoses per 100,000, by Race/Ethnicity, 2022
  • Hispanic/Latino people accounted for almost 1 in 5 (17%) deaths among people with an HIV diagnosis (deaths may be due to any cause) in 2022. The number of deaths among Latino individuals with an HIV diagnosis increased 24% between 2010 and 2022.
  • Rates for deaths where HIV was indicated as the leading cause of death are second highest among Hispanic/Latino people (after Black people) compared to people of other race/ethnicities. Hispanic/Latino people had the second highest age-adjusted HIV death rate per 100,000 – 1.4 compared to 0.6 per 100,000 White persons.

Transmission

  • Transmission patterns vary by race/ethnicity. While male-to-male sexual contact accounts for the largest share of HIV cases across racial/ethnic groups, proportionately, more Hispanic/Latino people contract HIV this way. Heterosexual sex accounts for a smaller proportion of HIV cases among Hispanic/Latino people than White people.
  • Among Hispanic/Latino people, 78% of new HIV diagnoses in 2022 were attributable to male-to-male sexual contact, with an additional 3% attributable to male-to-male sexual contact and injection drug use. 15% were attributable to heterosexual sex and the remainder of HIV diagnoses were attributable injection drug use only. This differs from transmission patterns among White people. Among White people, 63% of new HIV diagnoses in 2022 were attributable to male-to-male sexual contact with an additional 7% attributable to male-to-male sexual contact and injection drug use and 16% were attributable to heterosexual sex. The remainder were attributable injection drug use only.
  • Nearly 9 in 10 (87%) HIV diagnoses among Hispanic/Latina women are attributed to heterosexual contact and a smaller share of HIV are attributable to injection drug use compared to White women.

Geography

  • Although HIV diagnoses among Hispanic/Latino people have been reported throughout the country, the impact of the epidemic is not uniformly distributed.
  • In 2022, Hispanic/Latino people made up an estimated 19% of all people in the South, but accounted for a greater share of new diagnoses (42%) and estimated people living with HIV (34%) in that region.
  • HIV diagnoses among Hispanic/Latino people are concentrated in a handful of states. The top 10 states account for 82% of all HIV diagnoses among Hispanic/Latino people (see Figure 4).
Top Ten States/Territories by Number of HIV Diagnoses Among Hispanic/Latino People, 2022

Women

  • Hispanic/Latina women accounted for 1 in 5 (20%) new HIV diagnoses among women as well as 1 in 5 (20%) women estimated to be living with HIV. The rate of new diagnoses among Latina women (5.5) is nearly 3 times the rate among White women (1.9) but less than the rate among Black women (19.2).
  • After several years of decreases, new HIV diagnoses among Hispanic/Latina women increased by 16% between 2018 and 2022.
  • In 2022, Hispanic/Latina women represented 12% of new HIV diagnoses among all Hispanic/Latino people – a smaller share than White and Black women (who represented 18% and 24% of new diagnoses among their respective racial/ethnic groups).

Young People

  • In 2022, 30% of HIV diagnoses among young people ages 13-24 were among Hispanic/Latino people.
  • Looking at young people (those ages 13-24) by race/ethnicity, Hispanic/Latino youth, had the second highest number and rate of HIV diagnoses (2,124 and 16.3 per 100,000, respectively) after Black youth (3,555 and 48.7); the rate for Hispanic/Latino people was 4.5 times greater than that of White youth (3.6).
  • Hispanic/Latino gay and bisexual teens and young adults are especially impacted. Among all gay and bisexual teens and young adults diagnosed with HIV in 2022, 32% were Hispanic/Latino.

Gay and Bisexual Men

(Data in this section are based on individuals who acquired HIV through male-to-male sexual contact or male-to-male sexual contact and injection drug use.)

  • Between 2010 and 2022, HIV diagnoses among Hispanic/Latino people attributable to male-to-male sexual contact increased by 43%, including a 23% increase between 2018 to 2022.
  • Among Hispanic/Latino people, gay and bisexual men accounted for 85% those estimated to be living with HIV and 30% of all gay and bisexual men estimated to be living with HIV.
  • Young Hispanic/Latino gay and bisexual men are particularly affected, with those ages 13-24 accounting for 20% of new HIV diagnoses among Hispanic/Latino gay and bisexual men in 2022, higher than the share among White gay and bisexual men (12%).

HIV Testing and Access to Prevention & Care

  • In 2022, nearly one half (44%) of Hispanic/Latino adults reported ever having been tested for HIV, compared to a third of those who were White (32%).
  • Among those who are HIV positive, 21% of Hispanic/Latino people were diagnosed with HIV late – that is, were diagnosed with AIDS within 3 months of testing positive for HIV; similar to the share among White (21%) and Black (20%) people.
  • Looking across the care continuum, Hispanic/Latino people face disparities related to diagnosis, linkage to care and viral suppression. At the end of 2022, it was estimated that 84% of Hispanic/Latino people with HIV were diagnosed, 62% were linked to care, and 54% were virally suppressed. In comparison, an estimated 89% of White people with HIV were diagnosed, 70% were linked to care, and 63% were virally suppressed.
  1. Unless otherwise noted, HIV data come from KFF analysis of the Centers for Disease Control and Prevention (CDC) data in the CDC’s National Center for HIV, Viral Hepatitis, STD, and Tuberculosis Prevention tool: Atlas Plus. https://www.cdc.gov/nchhstp/about/atlasplus.html. ↩︎

Vice President Harris’ Proposal to Broaden Medicare Coverage of Home Care

Published: Oct 11, 2024

On October 8, 2024, Vice President Harris proposed to expand Medicare to provide home care to help families who are struggling with the costs of long-term care. If enacted, this would be the first major expansion of Medicare since the Medicare Modernization Act of 2003 that added a prescription drug benefit to the program.

Vice President Harris proposes to create a new home care benefit for eligible Medicare beneficiaries. Under the proposal, Medicare beneficiaries would be eligible for the new benefit if they are unable to perform activities of daily living such as bathing and eating or have a serious cognitive impairment, such as Alzheimer’s disease. Although the proposal is not fully specified, it “recognizes that the vast majority of seniors with long-term care needs are still able to live in their homes with an average of 20 hours or less a week of care,” suggesting that the benefit will be around 20 hours per week. The new benefit includes cost sharing requirements that vary by income. The proposal notes that similar home care proposals have been estimated to cost about $40 billion per year, prior to accounting for potential savings from reduced use of hospital and nursing facility care.

In addition, the proposal would expand Medicare to cover vision and hearing, and end a practice known as “estate recovery” when Medicaid recoups the costs of home care from the sale of decedents’ homes and estates (described below). The proposal would fund the additional costs of the new benefits by expanding Medicare drug negotiation provisions included in the Inflation Reduction Act; increasing the discounts covered by drug manufacturers for certain brand-name drugs; strengthening requirements for pharmacy benefit managers related to price transparency and competition; and by implementing international tax reforms.

KFF estimates that 14.7 million Medicare beneficiaries (23% of those living in the community) would potentially be eligible for the new Medicare home care benefit. This estimate is based on eligibility criteria used in similar proposals: having two or more limitations in activities of daily living and/or a serious cognitive impairment. The number of people eligible for this benefit could be higher or lower depending on how eligibility criteria are defined, and not all people who are eligible for the program will use the new benefits. This estimate is based on an analysis of the 2022 Medicare Current Beneficiary Survey and excludes beneficiaries living in nursing homes and other long-term settings (see Methods).

Former President Trump has endorsed “at home Senior Care” but has not put forward a specific proposal. Former President Trump proposes “shifting resources back to at-home Senior Care,” addressing disincentives that contribute to workforce shortages, and supporting unpaid family caregivers through tax credits. It’s unclear whether the Trump proposals would apply to people with disabilities who use home care, if they would make changes to Medicare or Medicaid, or how they align with broader proposed cuts to the Medicaid program. Although Vice President Harris’ fact sheet focuses on older adults, the proposal would expand Medicare, which includes both adults ages 65 and older and younger adults with disabilities, suggesting that Medicare beneficiaries with disabilities would also be eligible for the new benefit.

Under current law, Medicare coverage of home care is quite limited. Medicare covers home health aide services for people who need skilled services on a part-time or intermittent basis, such as nursing or physical therapy, and are “homebound.” Because of the skilled care requirement, Medicare does not cover home care for many people who need help on an ongoing basis due to limitations in activities of daily living or cognitive impairments, but don’t also require skilled services.

Medicaid pays for two-thirds of all spending on home care in the U.S., but coverage rules are complex and coverage is for people with limited financial resources. Most home care services in Medicaid are provided at the option of states, and optional services result in variability of available benefits. Roughly 700,000 are on waiting lists for home care because the number of people seeking services exceeds the number of people states can serve.

People who need home care and other long-term care services often pay substantial amounts out-of-pocket (see Figure 1). Those costs often exceed the median income for Medicare beneficiaries (about $36,000 per beneficiary in 2023) and may quickly exhaust the median savings ($103,800 per beneficiary in 2023). KFF polling finds over half of all people who used long-term care or paid for a family member’s care reported having to reduce their spending on food, clothing, or basic household items as a result of these costs.

Long-Term Care, Including Home Care, is Extremely Expensive and Not Generally Covered by Medicare

Vice President Harris’ proposal would also expand Medicare to cover vision and hearing. Under current law, traditional Medicare does not cover prescription eye wear (eyeglasses/contacts) or hearing aids, which can be prohibitively expensive for people living on fixed incomes. Difficulty with hearing and vision is relatively common among Medicare beneficiaries, with close to half (44%) of beneficiaries reporting difficulty hearing and more than one third (35%) reporting difficulty seeing in 2019. Limited hearing and vision benefits are typically offered by Medicare Advantage plans but the scope, value and provider networks of these benefits varies widely across plans. Beneficiaries in traditional Medicare may have access to some hearing and vision benefits if they also have supplemental coverage under Medicaid, employer or union-sponsored retiree health benefits, or other types of insurance.

Beyond changes to Medicare, Vice President Harris is proposing to end a practice in which Medicaid recoups the costs of home care from the sale of decedents’ homes and estates. Under Medicaid estate recovery, states are required to recoup the costs of long-term care and related hospital and prescription drug services for Medicaid enrollees ages 55 and older, and have the option to recover the costs for other services and populations. The Harris proposal proposes to work with Congress to end Medicaid estate recovery or use administrative action to expand the circumstances in which families may be exempted, if Congress fails to take action.

Estate recovery practices have been criticized for several reasons, including that it falls primarily on individuals with limited incomes, raises little revenue, and is applied very unevenly across the states. Democrats have recently proposed eliminating estate recovery while Republicans have recently proposed modifying the rules and prohibiting it under certain circumstances.

Nearly all provisions in Vice President Harris’ proposal would require a change in law. Without Congressional action, a new Administration would be unable to establish and fund new Medicare benefits for home care, vision, and hearing; generate savings by enacting changes to the Inflation Reduction Act’s Medicare prescription provisions; eliminate Medicaid estate recovery; or establish new taxes. Both Democrats and Republicans have proposed legislation to reduce the number of people waiting to receive Medicaid home care and address the issue of Medicaid estate recovery, suggesting that may be an area of potential compromise. There is also bipartisan interest in beefing up oversight and transparency for pharmacy benefit managers (PBMs).

As the proposal winds its way through Congress, many policy details would have to be worked through. For example, in addition to laying out more specifics about how to fully fund the benefit expansions, lawmakers would face questions about how eligibility for the new benefits would be determined; who could be paid to provide the new benefits; and how the new benefits would interact with existing Medicare benefits, and with supplemental coverage provided through Medicaid or private policies. Lawmakers would also likely debate how to support care workers, improve their wages, and address ongoing workforce shortages in the home care industry. The answers to these and other questions would impact how many people would be helped and the cost.

The proposal includes a small number of changes that could be enacted without new legislation, such as strengthening requirements for pharmacy benefit managers related to price transparency and competition and expanding the circumstances in which families may obtain exemptions from Medicaid estate recovery.

Methods

This analysis uses the Centers for Medicare & Medicaid Services’ Medicare Current Beneficiary Survey (MCBS), 2022 Survey File (the most recent year available) to obtain data on the number and share of Medicare beneficiaries who would potentially be eligible for the proposed home care benefit. The analysis assumed that Medicare beneficiaries with either two or more limitations in activities of daily living (ADLs) or a cognitive impairment would be eligible. The MCBS is a nationally representative survey of Medicare beneficiaries.

The analysis is limited to community-dwelling Medicare beneficiaries and excludes beneficiaries who live in long-term care or other residential facilities such as skilled nursing facilities or assisted living facilities.

For Medicare beneficiaries in the community, cognitive impairment is defined as at least one positive response to:

  • Having serious difficulty concentrating, remembering, or making decisions because of a physical, mental, or emotional condition
  • Trouble concentrating more than half the days or nearly every day during the past two weeks

Medicare beneficiaries in the community were defined as potentially eligible for the proposed home health care benefit if they reported difficulty performing two or more of the following ADLs because of a physical, mental, emotional, or memory problem: bathing or showering, getting in or out of bed or chairs, dressing, eating, using the toilet (including getting up and down), or walking. These difficulties may have been temporary or chronic at the time of the survey.