What resources are available for privately insured patients who get surprise balance bills?

Authors: Krutika Amin, Kaye Pestaina, and Cynthia Cox
Published: Mar 19, 2024

For privately insured patients, surprise medical bills can arise from either having to pay a high deductible, or from “balance billing.” Typically, health plans negotiate payments to in-network providers. Out-of-network providers may directly bill privately insured patients the difference between the typical in-network health plan payment and the full charge, also known as “balance bills”. In these cases, patients can be liable for the balance bill in addition to any deductible, coinsurance, or copay under the health plan.

The No Surprises Act prohibits many of these balance bills starting in 2022. Privately insured patients (including those with employer-based coverage, non-group plans, and grandfathered plans) are protected from certain surprise balance bills. The surprise balance billing protections require private health plans to cover out-of-network claims and apply in-network cost sharing (deductibles, copayments) for certain covered benefits. The law prohibits certain providers, hospitals, and air ambulance from surprise balance billing patients for out-of-network care, unless the patient consents ahead of time.

The new protections require plans and providers to take the patients out of many of the most common payment disputes. Though it is possible that patients still get balance bills, including because of plan or provider billing mistakes, the bill is not covered under the new law (for example, ground ambulance rides, non-covered services, patient consents to out-of-network care costs), or the health plan denies the claim completely as not covered by the plan.

The patient might get balanced bills, for instance, if the patient’s plan incorrectly processes a claim or applies out-of-network cost-sharing amount when the NSA prohibits it. A patient could get billed more than they ought to be, for example, if the plan does not recognize that a claim is subject to the No Surprises Act, or because of a billing oversight. Patients can appeal these mistakes using the plan’s internal claims and appeals procedure. Under the federal law, the patient has the right to appeal a health plan denial (called an adverse benefit determination or “ABD”). ABDs also include plan decisions to apply the incorrect cost-sharing amount. Once the adverse benefit determination has been made, the health plan must give the patient at least 180 days to file an internal appeal. For post-service claims, the plan must then complete the internal appeal no later than 60 days after it is filed. If the plan upholds its denial, the patient has a new right under the NSA to ask for an independent external appeal for NSA compliance issues. Federal regulations provide several examples for when NSA-related decisions can be reviewed by an external reviewer, including a decision about whether a specific claim involves an item or service that is covered by the NSA as a surprise bill.

For patients who receive a surprise bill when they should not, what follows may be more complicated. To correct the situation, patients would first need to recognize that the plan’s decision was incorrect and that the provider bill is subject to the No Surprises Act. KFF polling finds the vast majority of Americans (78%) know little or nothing about the new consumer protections law, so the effectiveness of self-advocacy by consumers could be limited if problems arise. Under current law, any health plan ABDs must include contact information for state consumer assistance programs (CAPs) and notice that such programs (in states where they exist) can help people file an appeal. Consumers could reach out to CAPs to get an assessment of whether the bill they received is valid. Additionally, as part of the No Surprises Act, the Centers for Medicare and Medicaid Services (CMS) has established resources for patients to seek review of their medical bills (through this website: https://www.cms.gov/medical-bill-rights/help/submit-a-complaint or by calling the No Surprises Help Desk at 1-800-985-3059 which is available 24/7 and through holidays). This no-wrong-door complaints system is available for consumers who are concerned their plan may have incorrectly denied or covered a surprise medical bill.

Most people are not aware of the No Surprise Act anti-balance billing protections

 

Meanwhile, however, if a plan incorrectly denies or covers a surprise bill and the patient does not recognize the mistake in order to be able to either appeal or ask for a state or federal review, the patient might get stuck with the bill.

While patients appeal, there is no federal rule preventing providers from trying to collect the outstanding bill. For incorrect bills, if the patient appeals, the out-of-network provider might be able to bill the patient for the full charge while the appeal is underway. Patients who are unable to pay the outstanding bill may be referred to collection agencies. Though the Consumer Finance Protection Bureau (CFPB) has outlined additional guidelines restricting coercive practices from collection agencies. KFF polling has found that 41% of adults have health care debt according to a broader definition, which includes health care debt on credit cards or owed to family members. KFF analysis of a census survey suggests Americans may owe at least $220 Billion in medical debt. People with medical debt report cutting spending on food, clothing, and other household items, spending down their savings to pay for medical bills, borrowing money from friends or family members, or taking on additional debts. Medical debt may make it difficult for patients to get loans for daily living like housing or car.

Later, if the patient prevails on the appeal, the health plan would need to reprocess the claim, this time following the No Surprises Act rules, and the out-of-network provider would then be required to refund the patient for any amount collected in excess of the applicable in-network cost sharing amount.

Under the Affordable Care Act and the No Surprises Act, federal agencies can impose penalties on health plans and providers for incorrectly billing patients. For plans who incorrectly process claims, they can be charged up to $100 per day per affected beneficiary under federal law. State regulators may have additional authority and enforcement tools they can use to address billing problems. On the provider side, the penalty for incorrect billing is up to $10,000 per violation. That is, if a provider sends 200 incorrect bills, the provider could be penalized $2 million. But for these penalties to happen, the patient would have to successfully lodge a complaint with federal regulators and the regulators would need to investigate and enforce.

Through October 2023, about 11,000 patient complaints have been filed through the federal feedback portal. The federal government has said 248 complaints involved a violation and resulted in $3 million in monetary relief paid to consumers or providers. At this point, it is unclear whether the federal government has issued penalties to providers or health plans for incorrect billing practices.

Discussion

Most patients do not know about the new surprise billing protections and likely also do not know of resources available to seek recourse for incorrect medical bills. It’s advisable to ask about the cost ahead of time, when possible. Additionally, when patients get a large, unexpected bill, a good first step is to call the health plan. New federal resources allow patients to submit complaints and get a response from the federal government. The federal process does not provide a determination or help the consumer fight a bill with the payer. Patients may have little recourse, however, if their plan does not cover certain items or services, or if their surprise balance bill is not protected under federal law.

Plans and providers can now arbitrate disagreements over payments for out-of-network care via the No Surprises Act independent dispute resolution. Most payment determinations through the arbitration process have been in favor of the providers’ asking price. Yet most of the lawsuits against the No Surprises Act are also being brought by providers. The federal government recently proposed several changes with the goal of making the IDR process more efficient and increasing early communication between the parties. In the midst of the legal disputes over the dispute resolution process for payment rates, patients are required to be held harmless for surprise, out-of-network balance bills.

Patients are not supposed to get surprise balance bills, unless there’s a mistake or the surprise bill is not protected. In these situations, patients have some recourses, though they are only helpful if people know about them.

The Impact of the Pandemic on Well-Child Visits for Children Enrolled in Medicaid and CHIP

Authors: Elizabeth Williams, Alice Burns, Robin Rudowitz, and Patrick Drake
Published: Mar 18, 2024

In Medicaid, states are required to cover all screening services as well as any services “necessary… to correct or ameliorate” a child’s physical or mental health condition under Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit (see Box 1). Many of these screening services along with immunizations are provided at well-child visits. These visits are a key part of comprehensive preventive health services designed to keep children healthy and to identify and treat health conditions in a timely manner. Various studies have also shown that children who forego their well-child visits have an increased chance of going to the emergency room or being hospitalized. Well-child visits are recommended once a year for children ages three to 21 and multiple times a year for children under age three according to the Bright Futures/American Academy of Pediatrics (AAP) periodicity schedule.

A recent Centers for Medicare and Medicaid Services (CMS) analysis shows that half of children under age 19 received a Medicaid or CHIP funded well-child visit in 2020. The onset of the pandemic in 2020 had a substantial impact on health and health care service utilization, but research has shown that many Medicaid-covered children were not receiving recommended screenings and services even before the pandemic. This issue brief examines well-child visit rates overall and for selected characteristics before and after the pandemic began and discusses recent state and federal policy changes that could impact children’s preventive care. The analysis uses Medicaid claims data which track the services enrollees use and may differ from survey data. In future years, claims data will be used to monitor adherence to recommended screenings. Key findings include:

  • More than half (54%) of children under age 21 enrolled in Medicaid or CHIP received a well-child visit in 2019, but the share fell to 48% in 2020, the start of the COVID-19 pandemic.
  • Despite having the highest well-child visit rates compared to other ethnic and racial groups, Hispanic and Asian children enrolled in Medicaid or CHIP saw the largest percentage point declines in well-child visit rates from 2019 to 2020.
  • Children over age three enrolled in Medicaid or CHIP have lower rates of well-child visits and experienced larger declines in well-child visits during the pandemic than children under age three.
  • Well-child visit rates are lower for Medicaid/CHIP children in rural areas, but rates in urban areas declined more during the pandemic.

Box 1: Medicaid’s EPSDT Benefit

What is the EPSDT benefit?

Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit provides a set of comprehensive health care services to Medicaid enrollees under age 21. Under EPSDT, states are required to cover all screening services for children as well as any services “necessary… to correct or ameliorate” a child’s physical or mental health condition. States must provide screenings for developmental and behavioral health conditions, as well as for vision, hearing, and dental conditions, on a periodic basis that meets reasonable standards of medical practice. These services must be provided for children, regardless of whether a state chooses to cover them for adults.

What is the goal of the EPSDT benefit and why is it important?

The EPSDT benefit aims to identify health conditions that can impede children’s growth and development early and is key in ensuring low-income children receive the care they need. While the EPSDT benefit is important to all children, it has been especially beneficial for children with special health care needs. Through the EPSDT benefit, Medicaid provides more comprehensive coverage for these children than the typical private insurance plan and increases access to needed services that improve the quality of daily life. Medicaid covers almost half of all children with special health care needs. In addition, EPSDT facilitates greater access to care for children with behavioral health needs, as children diagnosed with mental or other behavioral health conditions must receive any service available under federal Medicaid law necessary to address the condition, even if the state does not cover the behavioral health service for adults.

How did use of well-child visits change during the pandemic?

More than half (54%) of children under 21 enrolled in Medicaid or CHIP received a well-child visit in 2019, but the share fell to 48% in 2020, the first year of the COVID-19 pandemic (Figure 1). Rates examined here use Medicaid claims data which differ substantially from survey data (see Box 2). While the vast majority of children in the analysis (91% in 2019 and 88% in 2020) used a least one Medicaid service, including preventive visits, sick visits, filling prescriptions, or hospital or emergency department visits, well-child visit rates remained low and are substantially below the CMS goal of at least 80%. One recent analysis found that 4 in 10 children enrolled in Medicaid or CHIP experienced at least one challenge when accessing health care. Barriers to Medicaid/CHIP children receiving needed care can include lack of transportation, language barriers, disabilities, and parents having difficulty finding childcare or taking time off for an appointment as well as the availability of and distance to primary care providers. Some states have seen a loss in Medicaid pediatric providers, and one recent story reported that families with Medicaid in California were traveling long distances and experiencing long wait times for primary care appointments. Data have also shown slight declines in the share of kindergarten children up to date on their routine vaccinations since the COVID-19 pandemic, which may, in part, be associated with the decline in well-child visits. The national measles, mumps, and rubella (MMR) vaccination rate is below the goal of at least 95%, and some states are now seeing measle outbreaks among children.

The Share of Medicaid/CHIP Children with a Well-Child Visit Declined from 2019 to 2020

 

Despite having the highest well-child visit rates compared to other ethnic and racial groups, Hispanic and Asian children enrolled in Medicaid or CHIP saw the largest percentage point declines in well-child visit rates from 2019 to 2020 (Figure 2). Prior to the pandemic in 2019, about half or more of children across most racial and ethnic groups had a well-child visit, with rates highest for Hispanic (60%) and Asian (57%) children. The rate for American Indian and Alaska Native (AIAN) children lagged behind at just over one in three (36%), although this may reflect that some services received from Indian Health Service providers not being captured in the analysis (see Methods). Between 2019 and 2020, the well-child visit rate fell for all racial and ethnic groups. Hispanic and Asian children experienced the largest percentage point declines in well-child rates (9 percentage points for both groups), but they still had higher rates compared to other groups as of 2020. Black, Native Hawaiian, and Other Pacific Islander (NHOPI), and AIAN children also experienced larger percentage point declines in their well-child visit rates compared with White children, and AIAN children had the largest relative decline on account of their lower starting rate. As of 2020, rates remained lowest for NHOPI (42%) and AIAN children (29%). Twenty-two states, including some states that are home to larger shares of AIAN and NHOPI children, were excluded from the race/ethnicity analysis due to data quality issues (see Methods).

The Declines in Medicaid/CHIP Well-Child Visit Rates from 2019 to 2020 Vary by Race/Ethnicity, Age, and Geographic Area

 

Children ages three and older have lower rates of well-child visits and experienced larger declines in well-child visits during the pandemic than children under age three (Figure 2). Well-child visit rates are highest when children are young because multiple well-child visits are recommended for children under age three. Although children under three have highest rates of a single well-child visit within the year, it is unknown whether the rates of adherence to recommended well-child screenings are higher or lower than that of other groups because this analysis only accounts for one well-child visit in a year. Well-child visit rates steadily decrease as children get older with the exception of the 10-14 age group, where somewhat higher rates may reflect school vaccination requirements.

Well-child visit rates are lower in rural areas than urban ones, but urban areas had larger declines during the first year of the pandemic (Figure 2). The share of Medicaid/CHIP children living in rural areas with a well-child visit declined from 47% in 2019 to 43% in 2020 while the share for urban areas fell from 56% in 2019 to 49% in 2020, narrowing the gap between Medicaid/CHIP well-child visit rates in rural and urban areas. Note that 18% of children in the analysis lived in a rural area, and three states were excluded from the geographic area analysis due to data quality issues (see Methods). This analysis also examined changes for children by eligibility group, managed care status, sex, and presence of a chronic condition; data are not shown but well-child visit rates for Medicaid/CHIP children declined across all groups from 2019 to 2020.

Box 2: Variation in Well-Child Visit Rates Across Data Sources

There is substantial variation in children’s well-child visit rates across data sources (Appendix Table 1). Rates vary depending on whether the data are self-reported survey data or medical claims data. KFF analysis of 2020 national survey data and Medicaid claims data (used in this analysis) finds that the share of Medicaid/CHIP children with a well-child visit within the year can vary from 48% in Medicaid claims data to 93% in the National Health Interview Survey (NHIS).

Studies have found that utilization rates can vary substantially between self-reported survey data and claims data, likely due in part to recall bias in surveys and the types of claims being included. Research has shown that the accuracy of self-reported utilization in survey data decline over long recall periods and/or for more routine services. Claims data only capture well-child visits that were billed to the payer, in this case Medicaid, and some settings such as community clinics, schools, or Indian Health Service facilities may not always bill Medicaid.

There can also be variation in utilization rates across survey sources due in part to different survey question designs. National surveys such as NHIS and the National Survey of Children’s Health (NSCH) both collect information on children’s well-child visits, though there are differences in the questions asked. NHIS asks a series of questions about how long it has been since a child has seen a “doctor or other health professional for a well child visit, physical, or general purpose checkup” while NSCH asks about “how many times (in the past 12 months) did this child visit a doctor, nurse, or other health care professional to receive a preventive check-up?”.

Trends in well-child visit rates by race and ethnicity or coverage type vary across data sources. This analysis shows Hispanic and Asian children enrolled in Medicaid/CHIP have the highest well-child visit rates. However, NHIS shows that well-child visit rates in Medicaid/CHIP were similar across racial and ethnic groups in 2020 (Appendix Table 1). NSCH shows that White and AIAN children enrolled in Medicaid/CHIP had the highest rates across all racial and ethnic groups in 2020. Further, different data sources show varying trends by health insurance coverage type. Data from NHIS in 2020 show similar rates for Medicaid/CHIP compared to private insurance while data from the NSCH shows rates are higher for children with private insurance compared with Medicaid/CHIP. Healthcare Effectiveness Data and Information Set (HEDIS) measures for child and adolescent well-care visits also show higher rates in commercial HMO and PPO plans compared with Medicaid HMO plans.

This analysis uses claims data (T-MSIS), not self-reported survey data, to examine trends in well-child visits because of the use of T-MSIS in EPSDT and Child Core Set reporting. States can now opt to have CMS generate their EPSDT CMS-416 reports using T-MSIS; 28 states opted for this in 2021. CMS is also investigating the use of T-MSIS for Child Core Set reporting, which is now mandatory, in attempt to alleviate the reporting burden for states. These reports are intended to monitor the provision of the EPSDT benefit and identify gaps as well as measure health care outcomes and are increasingly using T-MSIS to do so.

What to watch?

Well-child visit rates for Medicaid/CHIP children overall fall below the goal rate, with larger gaps for AIAN, Black and NHOPI children as well as older children and children living in rural areas, highlighting the importance of outreach and other targeted initiatives to address disparities. Addressing access barriers and developing community partnerships have been shown to increase well-child visit rates and reduce disparities. It will be important to track, as data become available, the extent to which well-child visit rates as well as vaccination rates (often administered at well-child visits) rebounded during the pandemic recovery and where gaps remain.

Recent state and federal actions could help promote access, quality and coverage for children that could increase well-child visit rates. The Bipartisan Safer Communities Act included a number of Medicaid/CHIP provisions to ensure access to comprehensive health services and strengthen state implementation of the EPSDT benefit. CMS also released an updated school-based services claiming guide, and states have taken action to expand Medicaid coverage of school-based care in recent years. In 2024, it became mandatory for states to report the Child Core Set, a set of physical and mental health quality measures, with the goal of improving health outcomes for children. In addition, as of January 2024, all states are now required to provide 12-month continuous eligibility for Medicaid and CHIP children, which could help stabilize coverage and help children remain connected to care. Three states also recently received approval to extend continuous eligibility for children in Medicaid for multiple years, which could help children maintain coverage beyond one year. In the recently released FY 2025 budget, the Biden Administration proposes establishing the option for states to provide continuous eligibility in Medicaid and CHIP for children from birth to age six or for 36 month periods for children under 19.

Lastly, millions of children are losing Medicaid coverage during the unwinding of the continuous enrollment provision, which could have implications for access. Data up to March 2024 show that children’s net Medicaid enrollment has declined by over 4 million. In some cases, children dropped from Medicaid may have transitioned to other coverage, but they may also become uninsured, despite in many cases remaining eligible for Medicaid or CHIP. While people of color are more likely to be covered by Medicaid, data on disenrollment patterns by race and ethnicity are limited. KFF analysis shows individuals without insurance coverage have lower access to care and are more likely to delay or forgo care due to costs. A loss of coverage or gaps in coverage can be especially problematic for young children who are recommended to receive frequent screenings and check-ups.

Methods

Data: This analysis used the 2019-2020 T-MSIS Research Identifiable Files including the inpatient (IP), long-term care (LT), other services (OT), and pharmacy (RX) claims files merged with the demographic-eligibility (DE) files from the Chronic Condition Warehouse (CCW).

Identifying Well-Child Visits: This analysis used the procedure and diagnosis codes listed in the Annual Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Participation Report (CMS-416) reporting instructions (see line 6) to identify when a well-child visit occurred. This method of identifying well-child visits mirrors the recent CMS well-child visit analysis.

Identifying Utilization of Any Medicaid Services: To determine if a child in the analysis utilized any Medicaid services within the year, all fee-for-service or managed care encounter claims across the IP, LT, OT, and RX claims files were flagged (claims for capitated payments or any payments not billed at the enrollee level were excluded). If a child had any flagged claims, the child was identified as utilizing a service within the year.

Defining Rural and Urban Areas: This analysis uses enrollee zip code information and the US Department of Agriculture (USDA) Rural-Urban Commuting Areas (RUCA) codes (based on 2010 census data) to designate rural and urban areas. Zip codes with a RUCA value greater than or equal to 4 are designated as rural.

Enrollee Inclusion Criteria: This analysis includes children ages 0 to 21 who were enrolled in Medicaid or CHIP with full benefits for 12 months. The 12-month enrollment period is consistent with the recent CMS analysis, but that analysis only included children under the age of 19.

State Inclusion Criteria: To assess the usability of states’ data, the analysis examined quality assessments from the DQ Atlas for restricted benefits code, claims volume, and managed care encounters and compared the share of children with a well-child visit in T-MSIS to the share of children receiving at least one initial or periodic screening in the annual EPSDT reporting data files. The analysis excluded any states that, for a particular year, had both a “High Concern/Unusable” DQ Atlas assessment and a more than 10-percentage point difference between the share of children with a well-child visit in T-MSIS and the share reported in the state’s annual EPSDT report. One state (WV) was excluded based on these criteria, leaving 50 states (including DC) in the main analysis.

For reporting by race/ethnicity, we excluded states with “High Concern/Unusable” DQ Atlas assessments in 2019 or 2020. Among states in the main analysis, 21 states were excluded (AL, AZ, AR, CO, CT, DC, HI, IA, KS, LA, MD, MA, MO, MT, NY, OR, RI, SC, TN, UT, and WY). This left 29 states for reporting by race/ethnicity (Figure 2).

For reporting by geographic area, we excluded states with “High Concern/Unusable” DQ Atlas assessments for zip code in 2019 or 2020. Among states in the main analysis, two states were excluded (RI and VT). This left 48 states (including DC) for reporting by geographic region.

Limitations:

  • The most recently available data at the time of this analysis was 2020, so it was not possible to report the extent to which well-child visit rates rebounded to pre-pandemic levels.
  • At the start of the pandemic, Congress enacted the Families First Coronavirus Response Act (FFCRA), which included a requirement that Medicaid programs keep people continuously enrolled in exchange for enhanced federal funding. The continuous enrollment provision increased Medicaid enrollment (increasing the number of children with 12 months of enrollment), which could have had implications for service utilization rates in 2020.
  • As mentioned in Box 2, survey data finds a higher share of children receiving preventive care, which may be due in part to:
    • The claims data only capturing well-child visits that were billed to Medicaid (some settings such as community clinics, schools, or Indian Health Service facilities may not always bill Medicaid).
    • Research has shown that the accuracy of self-reported utilization in survey data declines over long recall periods and/or for more routine services.
Comparison of Well-Child Visit Rates in Medicaid/CHIP by Race/Ethnicity Across Sources, 2020

A Closer Look at the Remaining Uninsured Population Eligible for Medicaid and CHIP

Authors: Patrick Drake, Robin Rudowitz, Jennifer Tolbert, and Anthony Damico
Published: Mar 15, 2024

During the three years of the pandemic, states maintained coverage for people enrolled in Medicaid. As a result of this continuous enrollment provision, the number of people enrolled in Medicaid increased. The result – in combination with enhanced premium subsidies in the Affordable Care Act marketplace – is that the number of people who were uninsured decreased and the uninsured rate dropped to historic lows. However, despite these improvements in coverage, 25.6 million nonelderly people remained uninsured in 2022 (Figure 1), and six in ten of the uninsured people are eligible for Medicaid (6.4 million or 25%) or subsidized plans (35%) in the Marketplace but are not enrolled in these programs. Among the remaining uninsured, 6% fall into the “coverage gap” because they live in one of the 10 states that have not adopted the Medicaid expansion. People in the coverage gap have incomes too high to qualify for Medicaid in their state, but too low (below 100% of the poverty level) to qualify for subsidies in the Marketplaces. States began the process of unwinding continuous enrollment in the spring/summer of 2023 and have disenrolled millions of people from Medicaid, likely increasing the number of people who are uninsured.

This issue brief examines the characteristics of the nonelderly uninsured population that is eligible for Medicaid or CHIP using the most recent available national survey data from 2022, which is before the end of Medicaid continuous enrollment, and the most recent eligibility levels for Medicaid (from 2023). Even with declines in the uninsured, the characteristics of the uninsured but eligible for Medicaid remained fairly stable from the prior year.

Distribution of the 25.6 Million Nonelderly Uninsured Population by Eligibility for ACA Coverage, 2022

 

Who are the people who are uninsured and eligible for Medicaid and CHIP?

Among the 6.4 million nonelderly people who are uninsured and eligible for Medicaid or CHIP (referred to as people who are uninsured and eligible for the rest of this brief), most are adults. Two-thirds of people who are uninsured and eligible, 4.2 million, are adults and one-third, 2.2 million, are children (Figure 2). Adults include those eligible for the program through the Medicaid expansion and individuals who qualify under pre-ACA rules but are not enrolled.

Across all people who are uninsured and eligible, over six in ten are people of color and nearly seven in ten live in working families (Figure 2). Nonelderly Hispanic people account for 36.0% of those who are uninsured and eligible, and Black people account for another 13.9%. While just under three in ten (29.6%) of people who are uninsured and eligible are in families with no workers, over half (54.6%) are in families with one or more full-time workers. Both full- and part-time low-wage workers are less likely to report having an offer of coverage from their employer than higher wage workers, and among those with an offer of coverage, are more likely to report the coverage offered is too expensive.

Over three-quarters of the 6.4 million people who are uninsured and eligible (5.2 million people) reside in expansion states, which have more people living in them and have higher Medicaid income eligibility for adults than non-expansion states (Figure 2). The remaining 1.2 million people are in states that have not expanded Medicaid but are eligible for Medicaid or CHIP under traditional (not ACA expansion) pathways. Most of the people who are uninsured and eligible in expansion states are adults, while children make up the majority of uninsured and eligible people in non-expansion states (Figure 2). All states have opted to set eligibility thresholds for children in Medicaid and CHIP at higher levels, in most states above 200% of poverty. In Medicaid expansion states, eligibility for adults was expanded to 138% of poverty ($20,783 for an individual and $35,632 for a family of three in 2024) and extended to adults without children. In non-expansion states, eligibility is limited for adults, often to below half of the federal poverty level, and generally only available for parents of dependent children. The differences in eligibility for adults across expansion and non-expansion states drives the variation in the shares of children and adults who are uninsured but eligible for Medicaid and CHIP for these states.

Characteristics of the 6.4 Million Nonelderly Uninsured and Eligible for Medicaid Population, 2022

 

What are key issues to watch?

Medicaid continuous enrollment contributed to a decline in the number of people uninsured overall as well as the number of uninsured individuals who are eligible for Medicaid but not enrolled. However, since the end of continuous enrollment on March 31, 2023, states have disenrolled millions of people. Although national survey data that will show changes in coverage is lagged, the unwinding of continuous enrollment is expected to increase the number of people who are uninsured, including among those who are still eligible for Medicaid and those who are eligible for subsidies in the Marketplace. Some people who are disenrolled from Medicaid for procedural or paperwork reasons, even though they are still eligible for Medicaid, may struggle to re-enroll and may remain uninsured. Even as the number of people who are uninsured increases, the characteristics of those who are eligible for Medicaid but uninsured may remain relatively stable. Understanding these characteristics can help inform outreach efforts as well as policy changes that can mitigate coverage losses by making it easier for people who are eligible to obtain or retain Medicaid coverage.

Medicare Households Spend More on Health Care Than Other Households

Authors: Nancy Ochieng, Juliette Cubanski, and Anthony Damico
Published: Mar 14, 2024

Medicare provides health insurance coverage to 66 million adults, including 59 million adults ages 65 and older and more than 7 million adults under age 65 with disabilities. While the vast majority (91%) of Medicare beneficiaries give their Medicare coverage an overall positive rating, health care cost-related problems are not uncommon. Medicare beneficiaries contribute to the cost of their health care coverage through monthly premium payments, deductibles, and other cost-sharing requirements. Additionally, people on Medicare may face additional premiums for Medicare Part D prescription drug coverage and supplemental insurance. Further, there is no limit on out-of-pocket spending for beneficiaries in traditional Medicare, and beneficiaries often incur out-of-pocket costs for services not covered under traditional Medicare, such as dental, hearing, and vision services. Medicare Advantage plans have a cap on out-of-pocket costs and typically offer reduced cost-sharing for no premium, but enrollees can still have substantial expenses.

In 2022, the Consumer Price Index (CPI) for all Urban Consumers, a closely tracked measure of price inflation, increased to its highest annual rate since 1981, which translated to higher costs for housing, food, transportation, and other household expenditures, including health care costs. The inflation rate has come down since then, but prices for many household expenses are still substantially higher than they were previously. In this analysis, we assess the financial burden of health care spending among households where all members are covered by Medicare (referred to as Medicare households) compared to households where no members are covered by Medicare (referred to as non-Medicare households), based on data from the 2022 Consumer Expenditure Survey. We also assess trends in household spending and the financial burden of health care spending over the 10-year period from 2013 to 2022. (See Methods for details on the analysis.)

The health spending burden was twice as large among Medicare households than non-Medicare households in 2022

Medicare households spent more on health care than non-Medicare households in 2022, both as an annual dollar amount and as a share of total household spending. Medicare households spent an average of $7,000 on health care, accounting for 13.6% of their total household spending ($51,800), while non-Medicare households spent $4,900 on their health care, accounting for 6.5% of their total household spending ($74,100) (Figure 1). Health care expenses include health insurance premiums, medical services (e.g., hospital and physician services), prescription drugs, and medical supplies (e.g., crutches, eyeglasses, hearing aids).

The larger burden of health care spending among Medicare households than non-Medicare households is a function of both lower average total household spending for Medicare households than non-Medicare households and higher health care use, which results in higher health care spending by Medicare households.

Health Care Accounted for a Larger Share and Amount of Total Household Spending for Medicare Households Than for Non-Medicare Households in 2022

 

Across all household spending categories, housing accounted for the largest share of total spending for both Medicare and non-Medicare households (35.3% for Medicare households and 32.5% for non-Medicare households). Across other major categories of household spending – transportation, food, and other expenses such as education and clothing – Medicare households devoted a smaller share of their household spending (and less in dollar terms) to these items than non-Medicare households. This may be a function of both smaller average family sizes in Medicare households than non-Medicare households (1.4 vs. 2.6 people), as well as lower median household income ($31,700 vs $76,600).

Consistent with the higher average health care spending burden among Medicare households compared to non-Medicare households, a larger share of Medicare households than non-Medicare households spent 20% or more of their total household spending on health-related expenses than non-Medicare households – nearly 3 in 10 (29%) Medicare households versus 7% of non-Medicare households. Nearly three out of four Medicare households (74%) spent 10% percent or more of their total household spending on health expenses, compared to a quarter (25%) of non-Medicare households (Figure 2).

A Larger Share of Medicare Households Spent 20% Or More of Their Total Household Spending on Health-Related Expenses Than Non-Medicare Households in 2022

 

Health care spending by Medicare households increased by 53% between 2013 and 2022, but health care as a share of total household spending changed very little over these years

In 2022, Medicare households spent an average of $7,000 on health care—$2,400 or 53% higher than the amount spent on health care in 2013 ($4,600) (Figure 3). With total household spending by Medicare households growing at nearly the same rate as the growth in health care spending over these years, health care as a share of total household spending was nearly the same in 2022 (13.6%) as in 2013 (13.5%).

Similarly, non-Medicare households also spent more on health care in 2022 ($4,900) than in 2013 ($2,800), a 71% ($2,100) increase. Health care as a share of total household spending for non-Medicare households was somewhat higher in 2022 (6.5%) than in 2013 (5.4%).

Medicare Households Spent $2,400 More on Health Care in 2022 Than in 2013, on Average, But Health Care Spending as a Share of Total Household Spending Varied Only Modestly Over These Years

 

Between 2019 and 2020, spending by Medicare households on food and transportation fell, likely reflecting stay-at-home policies established at the outset of the COVID-19 pandemic, and total household spending declined somewhat (Figure 4). By contrast, between 2021 and 2022, total household spending increased substantially, reflecting increases in all categories of household spending, as price inflation hit its highest level since 1981 in 2022. This was true for both Medicare households and non-Medicare households.

The Effects of the COVID-19 Pandemic and Recent Spike in Inflation Are Reflected in Household Spending Patterns Between 2019 and 2022

 

Discussion

The health care spending burden was twice as large for Medicare households than for non-Medicare households in 2022, measured by average health care spending as a share of total household spending, and a larger share of Medicare households spent at least 20% of their household budgets on health care than non-Medicare households. Of note, this analysis underestimates the health care spending burden for households that incur long-term care facility costs because the Consumer Expenditure Survey does not include people who reside in facilities. This exclusion is more likely to affect the spending burden estimates for Medicare households than non-Medicare households since spending on long-term care facilities is a significant share of average out-of-pocket health care costs for people with Medicare.

With health care use increasing with age and with most Medicare beneficiaries living on relatively low incomes and modest financial assets to draw upon in retirement, it’s not unexpected that health care is a bigger cost burden for Medicare households. This cost burden has important implications for policy debates, including the level of cost-sharing and premiums in Medicare. Policies aimed at improving financial protections for Medicare beneficiaries have been proposed in recent years. The Inflation Reduction Act of 2022 includes several provisions that lower prescription drug costs for people with Medicare, including a cap on Medicare beneficiaries’ out-of-pocket spending under the Medicare Part D benefit; a limit on insulin cost sharing to $35 a month in Medicare Part B and Part D; and expanded eligibility for full Part D Low-Income Subsidies. Policy makers have also considered other proposals that would improve the affordability of health care for Medicare beneficiaries, such as expanding income eligibility thresholds for the Medicare Savings Programs to enable more people to qualify for these financial supports, and adding an out-of-pocket cap on cost sharing for benefits covered under traditional Medicare. Adopting such changes, however, would require additional federal spending.

This work was supported in part by AARP. KFF maintains full editorial control over all of its policy analysis, polling, and journalism activities.

Nancy Ochieng and Juliette Cubanski are with KFF. Anthony Damico is an independent consultant.

Methods

This analysis uses 2013-2022 data from the Bureau of Labor Statistics Consumer Expenditure Survey (CE). The CE provides data on expenditures, income, and demographic characteristics of consumers in the United States.

The CE is a survey of households (“consumer units”), excluding people residing in institutions such as long-term care facilities. A consumer unit consists of any of the following: (1) all members of a particular household who are related by blood, marriage, adoption, or other legal arrangements; (2) a person living alone or sharing a household with others or living as a roomer in a private home or lodging house or in permanent living quarters in a hotel or motel, but who is financially independent; or (3) two or more persons living together who use their incomes to make joint expenditure decisions. Financial independence is determined by spending behavior with regard to the three major expense categories: housing, food, and other living expenses.

Total expenditures include the following components of household expenditures: food; housing; transportation; health care; entertainment; personal care products and services; reading; education; tobacco products and smoking supplies; cash contributions: life, endowment, annuities, and other personal insurance; contributions to retirement pensions and Social Security. Note that total expenditures for each consumer unit does not include tax expenditures, such as income tax.

Total health care expenditures include spending on four subcomponents of health care: health insurance premiums, medical services, prescription drugs, and medical supplies.

The estimates presented in this analysis are averages for demographic groups of consumer units, not per capita estimates, and thus are not comparable to estimates based on other surveys that report per capita estimates, such as out-of-pocket health care spending reported in the Medicare Current Beneficiary Survey. Expenditures by individuals would differ from the average even if the characteristics of the group are similar to those of the individual. Another source of differences between averages reported here and elsewhere is that the spending data are based on survey self-reports and therefore are subject to nonsampling error, including the inability or unwillingness of respondents to provide accurate data.

Unless otherwise noted, all differences discussed in the text are significant at the 95% confidence level.

 

News Release

Most Parents Haven’t Heard Misinformation About the Measles Vaccine though Significant Shares Are Uncertain About the Validity of Claims

Majorities across Partisans Say Social Media Companies Should Take Steps to Restrict Health Misinformation Even if It Limits Some Freedoms

Published: Mar 14, 2024

As rates of childhood vaccination decline and with measles on the rise again, a KFF Health Misinformation Tracking Poll, fielded in late February, examines the extent to which adults have heard and believe misinformation about the measles vaccine. The poll also examines the public’s views of the U.S. government and social media companies’ role in moderating false health claims online.

While most of the public—including parents—haven’t heard misinformation about the measles vaccine, many are uncertain about the validity of one specific false claim. About one in five adults (18%, including 19% of parents of children under age 18) say they have heard or read the claim, “Getting the measles vaccine is more dangerous than becoming infected with measles.”

A relatively small share leans towards believing the claim is true. Regardless of whether they have heard the claim, a fifth of adults (19%), including one quarter of parents (25%), say the claim is “definitely” or “probably” true. Six percent of U.S. adults—including about one in ten (9%) parents—say they have heard the claim and think it is probably or definitely true.

Across partisans, levels of educational attainment, and race and ethnicity, fewer than five percent of adults say that the claim is “definitely true,” meaning that there are few ardent believers in this piece of misinformation. However, independents (37%) and Republicans (21%) are less likely than Democrats (59%) to be certain that the claim is “definitely false.” Those without a college degree (29%) are also less likely to say that the claim is false than those with a college degree (55%).

Large Shares Support Social Media Companies in Restricting Health Misinformation at the Expense of Certain Freedoms

Later this March, the Supreme Court will hear arguments in three important cases related to misinformation on social media that will have implications for how the U.S. government and social media companies interact with users and can moderate information.

Two-thirds (68%) of the public views the spread of health misinformation on social media as a bigger problem than censorship of speech on social media platforms (31%). This sentiment is in turn reflected in opinions about what kind of action social media companies should take to curb the spread of false health claims.

Large shares of the public support social media companies in tamping down on misinformation even at the expense of certain freedoms. About two-thirds (66%) of adults overall say, “Social media companies should restrict false health information, even if it limits people from freely publishing or accessing information,” while one-third instead say “People’s freedom to publish and access health information should be protected, even if it means false information can also be published.

The public is more divided about whether the U.S. government should take action. Nearly six in ten adults overall (57%) say, “The U.S. government should require social media companies to take steps to restrict false health information, even if it limits people from freely publishing or accessing information,” while about four in ten (42%) say “People’s freedom to publish and access health information should be protected, even if it means false information can also be published.”

There are partisan divisions on both these questions, with Democrats more likely than independents or Republicans to favor both the government and social media companies taking action to restrict false health information. Notably, however, majorities of Democrats (82%), independents (57%), and Republicans (56%) say that social media companies should take steps to restrict health misinformation even if it limits certain freedoms.

The Health Misinformation Tracking Poll is part of a new KFF program area focused on identifying and monitoring health misinformation and trust in the United States, emphasizing communities that are most adversely affected by misinformation, including people of color, immigrants, and rural communities.

Designed and analyzed by public opinion researchers at KFF, the poll was conducted from February 20-28, 2024, online and by telephone among a nationally representative sample of 1,316 U.S. adults including 283 parents. Interviews were conducted in English and in Spanish. The margin of sampling error is plus or minus 3 percentage points for the full sample and 7 percentage points for the sample of parents. For results based on other subgroups, the margin of sampling error may be higher.

Five Key Facts About Immigrants with Limited English Proficiency

Published: Mar 14, 2024

About half (47%) of immigrant adults in the U.S. have limited English proficiency (LEP), meaning that they speak English less than very well. Immigrants with LEP come from diverse backgrounds and speak a variety of languages. The top five languages spoken by people with LEP include Spanish (63%), Chinese (7%), Vietnamese (3%), Arabic (2%), and Tagalog (2%), while the remaining roughly quarter (23%) of people with LEP speak other languages. Having LEP can impact individuals’ daily lives and access to health coverage and care. Below are five key facts about immigrants with LEP drawing on the 2023 KFF/LA Times Survey of Immigrants.

About half (53%) of immigrants with LEP say they have faced language barriers in a variety of interactions, including accessing health care.

About three in ten immigrants with LEP report that difficulty speaking or understanding English has ever made it hard for them to get health care services (31%), receive services in a store or restaurants (30%), or get or keep a job (29%) (Figure 1). A quarter say it has made it hard to apply for government financial assistance for food, housing, or health coverage, and about one in five (22%) cite difficulty reporting a crime or getting help from the police. These difficulties are more pronounced among lower income immigrants with LEP. Among immigrants who are parents with LEP (52% of all immigrant parents), about one in four (24%) report difficulties communicating with their child’s school.

About Half Of Immigrants With LEP Face Language Barriers In A Variety Of Settings And Interactions

 

Immigrants with LEP (21%) are twice as likely to be uninsured as immigrants who are English proficient (10%).

Immigrants with LEP are twice as likely as English proficient immigrants (defined as speaking English exclusively/very well) to be uninsured (21% vs 10%) (Figure 2), and parents with LEP are about three times as likely to say they have a child who is uninsured compared to English proficient immigrant parents (14% vs. 5%).This pattern reflects lower rates of private coverage among immigrants with LEP due to disproportionate employment in lower income jobs that are less likely to offer employer-based insurance. While Medicaid helps fill some of this gap, some may also face linguistic and other barriers to enrollment even if they are eligible for coverage.

Immigrants With LEP Are Twice As Likely To Be Uninsured As English Proficient Immigrants

 

Immigrants with LEP face greater barriers to accessing health care and report worse health compared to their English proficient counterparts.

Reflecting their higher uninsured rates and other barriers, immigrants with LEP are somewhat less likely than those who are English proficient to say they have a usual source of care other than the emergency room (77% vs 84%), have a trusted health care provider (68% vs. 80%) and to have seen a health care provider within the past year (74% vs. 80%). However, they are twice as likely as their English proficient immigrants to report fair or poor health status (28% vs. 14%). Community health centers (CHCs) play a particularly important role serving immigrants with LEP, with about four in ten (39%) saying that they usually rely on a CHC for care, reflecting CHCs’ role serving uninsured populations and their provision of linguistically and culturally appropriate services.

Immigrants With LEP Report More Barriers To Accessing Health Care and Worse Health Than English Proficient Immigrants

 

About half (55%) of immigrant workers with LEP report experiencing discrimination at work.

While immigrants with LEP are as likely as their English proficient peers to be employed (64% vs 67%), they are more likely to be in hourly jobs (60% vs. 45%) and less likely to receive a salary (21% vs 42%) (Figure 4). Reflecting these patterns, they are more likely to have lower incomes, with 55% having household incomes of less than $40,000 per year compared with 28% of English proficient immigrants. Half (55%) of immigrant workers with LEP report experiences with discrimination at work, such as being given fewer opportunities for advancement compared to people born in the U.S. doing the same job (38%), getting paid less (34%),not getting paid for all hours they worked (25%), being given undesirable work shifts or having less control over their hours than people born in the U.S. doing the same work (21%), or being harassed or threatened by someone at their work because they are an immigrant (14%).

About Half Of Working Immigrants With LEP Report Experiencing Discrimination At Work

 

About six in ten immigrants with LEP say they lack sufficient information about U.S. immigration policy (58%) and are unsure about public charge rules (62%).

About six in ten immigrants with LEP (58%) say they do not have enough information about U.S. immigration policy to understand how it affects them and their family compared with 34% of English proficient immigrants (Figure 5). Immigrants with LEP primarily get their information on immigration policy from a search engine such as Google (30%), a U.S. government website (26%), or an attorney or other professional (24%). They are less likely than English proficient immigrants to seek information from an internet search engine and more likely to rely on an attorney or other professional and other sources of information such as news media, social media, and family and friends. Information gaps among immigrants with LEP extend to public charge rules, with 62% saying they are unsure about whether using government programs to help pay for health care, housing, or food will decrease their chances of being approved for a green card compared with 55% of those who are English proficient, and another 17% incorrectly believing this to be the case.

About Six In Ten Immigrants With LEP Say They Do Not Have Enough Information About Immigration Policy
News Release

KFF Examines the Hyde Amendment and its Impact in States Without Abortion Bans

Published: Mar 14, 2024

KFF takes a new look at the continued impact of the Hyde Amendment, the federal ban on payment for abortion services, in the wake of the Supreme Court’s Dobbs decision. At a moment when all eyes are on states that have banned abortion, the Hyde Amendment remains a barrier to abortion care for people with low incomes in states where abortion is legal but the state restricts Medicaid coverage to the narrow exceptions allowed under Hyde.

Today, the policy limits abortion coverage in 19 states and the District of Columbia where abortion isn’t banned. The policy potentially affects 5.5 million women ages 15 to 49 who reside in those states and are covered by Medicaid.

Since 1977, the Hyde Amendment has banned the use of federal funds for abortion, allowing exceptions to pay for terminating pregnancies that endanger the life of the pregnant person or that result from rape or incest.  This policy has limited abortion coverage for millions of pregnant people on Medicaid, as well others who rely on federal programs such as Medicare, TRICARE, and the federal Employee Health Benefit Program for their coverage.

This longstanding federal funding ban has had a disproportionate effect on women with low incomes and women of color who are covered by Medicaid at higher rates and are more likely to seek abortion care because of persistent systemic barriers to care and contraceptive access. Some states choose to pay for abortions for their Medicaid enrollees in other instances but use their own state revenues, not federal funds, to cover the service.

For more information about the federal programs affected by the Hyde Amendment, the impact of the law on access to abortion services, and the potential effect if the law were to be repealed, check out the brief, “The Hyde Amendment and Coverage for Abortion Services Under Medicaid in the Post-Roe Era.”

The Hyde Amendment and Coverage for Abortion Services Under Medicaid in the Post-Roe Era

Authors: Alina Salganicoff, Laurie Sobel, Ivette Gomez, and Amrutha Ramaswamy
Published: Mar 14, 2024

Issue Brief

Key Takeaways

  • Since 1977, the Hyde Amendment has banned the use of any federal funds for abortion, only allowing exceptions to pay for terminating pregnancies that endanger the life of the pregnant person or that result from rape or incest.
  • Among the 36 states that do not ban abortion, 19 states and DC follow the Hyde Amendment and 17 states use state funds to pay for abortions for women with low incomes insured by Medicaid beyond the Hyde limitations.
  • Today, 35% (5.5 million) of women ages 15 to 49 covered by Medicaid live in states where abortion remains legal, but the program will not cover the service except for limited Hyde circumstances. Twenty-one percent live in a state where abortion is banned.
  • Medicaid is a significant source of health coverage for women who have higher rates of abortion in the U.S. including women with low incomes, and women of color.

The overturning of Roe v. Wade has limited abortion access in large swaths of the United States, but for many individuals, especially those with Medicaid coverage, access to abortion services was limited prior to the Dobbs decision. Starting in 1977, the Hyde Amendment has banned the use of any federal funds for abortion, only allowing exceptions to pay for terminating pregnancies that endanger the life of the woman, or that result from rape or incest. Since it was first enacted over 40 years ago, the amendment has been sponsored and supported by legislators who oppose abortion and object to the federal government’s use of taxpayer money for abortion services. The policy is not a permanent law but rather has been attached as a temporary “rider” to the annual Congressional appropriations bill for the Department of Health and Human Services (HHS) and has been renewed annually by Congress.

This brief details the federal programs that are affected by the Hyde Amendment and laws and regulations that have a similar goal, provides estimates on the share of women insured by Medicaid affected by the law, reviews the impact of the law on their access to abortion services, and discusses the potential effect if the law were to be repealed.

What programs does the Hyde Amendment affect?

A backlash to the Roe v. Wade ruling, the Hyde Amendment initially only affected federal funding for abortions under Medicaid, a state and federal health program for individuals with low incomes. Because Congress reauthorizes the Hyde Amendment annually as an attachment to the appropriations bill for HHS, it also restricts federal abortion funding under the Indian Health Service, Medicare, and the Children’s Health Insurance Program. Over the years, language similar to that in the Hyde Amendment has been incorporated into a range of other federal programs that provide or pay for health services to people who could become pregnant, including the military’s TRICARE program, federal prisons, the Peace Corps, and the Federal Employees Health Benefits Program (Appendix Table 2). The Affordable Care Act (ACA) includes a provision that applies the Hyde restrictions to Marketplace plans, ensuring that federal funds are only used to subsidize coverage for pregnancy terminations that endanger the life of the woman or that are a result of rape or incest. Marketplace insurers can offer a plan the covers abortions beyond the federal limitations, but federal funds cannot be used towards this coverage. There are also federal rules on how insurers must segregate the funds used toward the premium for abortion coverage.

Because Medicaid is jointly funded by the federal and state governments, states can choose to pay for abortions for Medicaid enrollees in other instances but must use their own revenues, and not federal funds, to cover the service. Currently, abortion remains legal in 36 states and DC (although states vary in their gestational limits). Of these states, 17 have a policy directing the use of their own funds to pay for abortions for women with low incomes insured by Medicaid beyond the Hyde limitations, nine of which provide coverage as the result of a court order (Figure 1). Most recently, there has been litigation challenging Pennsylvania’s policy to restrict abortion coverage for Medicaid enrollees. In January 2024, the Pennsylvania Supreme Court ruled that the state constitution “secures the fundamental right to reproductive autonomy, which includes a right to have an abortion or carry a pregnancy to term.” The lower court will review the case in light of this ruling and depending on the ruling, Pennsylvania could become the 18th state to use its state funds to pay for abortion services for Medicaid enrollees. In the remaining states and the District of Columbia where abortion is not banned, almost all state programs do not pay for abortions for enrollees beyond the Hyde exceptions. In a few of these states, however, abortion coverage is still very restricted, but state programs use state funds to extend coverage to very limited situations where the pregnant person’s health is at risk or there is a fetal anomaly.

Pregnant Medicaid Enrollees in 32 States & DC Have Extremely Limited Abortion Coverage Due to Abortion Bans & Hyde Amendment

 

Intersection of state laws banning abortion and the Hyde Amendment

Federal courts have ruled that the Medicaid statute, as modified by the Hyde Amendment, requires states to pay for abortions that fall under the Hyde Exceptions and have blocked enforcement of state statutes that prohibit coverage for these exceptions. The federal government has stated that the Hyde Amendment requires coverage in cases of rape, incest, and life endangerment. In 1998, in a letter to all the state Medicaid directors explaining a change to the Hyde Amendment, Health and Human Services stated that: “All abortions covered by the Hyde Amendment, including those abortions related to rape or incest, are medically necessary services and are required to be provided by states participating in the Medicaid program.” However, a 2022 Congressional Research Service (CRS) overview of the Hyde Amendment, published after the Dobbs decision, lists open questions, such as whether payment for travel for abortion services also falls under the scope of the Hyde Amendment and conjectures that the interplay of state abortion bans and laws and the Amendment may be relitigated.

Despite this clear guidance, and court precedent, historically the  Centers for Medicare & Medicaid Services (CMS) has not taken any enforcement action against states for failing to comply with covering abortion in all of the circumstances required by Hyde. A 2019 GAO study of state policies regarding Medicaid coverage of abortion found that South Dakota’s Medicaid program only covers abortions in the case of life endangerment, but no action was taken by CMS.

Since the Dobbs ruling, people living in many states cannot legally obtain an abortion in their state in all the Hyde circumstances including rape or incest. Fourteen states have banned abortion, and although all of these bans contain exceptions to safeguard the life of the pregnant person, most do not have exceptions for cases of rape or incest, and therefore, would not allow for the provision of those services to Medicaid enrollees in those states (Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee and Texas). Rarely, some Medicaid enrollees may be able to travel out of state and have a clinic bill their home state Medicaid for an abortion in the Hyde circumstances. For example, a clinic in Minnesota, where abortion is legal, provides abortions to North Dakota Medicaid enrollees and bills North Dakota Medicaid when the abortion qualifies for a Hyde circumstance. However, most Medicaid enrollees living in states where abortion is banned will not be able to use their coverage for an abortion that qualifies as a Hyde circumstance. There are practically no abortion providers in states where abortion is banned, and people who can travel out of state will most likely not be able to find a provider able to bill their home state’s Medicaid program.

Additionally, some states have extensive reporting requirements for cases of rape and incest that may be acting in conflict with the agency’s guidance. In a 1993 letter to all Medicaid directors, Sally K. Richardson, the director of the Medicaid Bureau at CMS, wrote that state-established reporting requirements for rape or incest “may not serve as an additional coverage requirement to deny or impede payment for abortion where pregnancies result from rape or incest. The State must establish procedures which permit the reporting requirements to be waived and the procedure reimbursed if the treating physician certified that in his or her professional opinion, the patient was unable, for physical or psychological reasons to comply with the reporting requirements.” The 2019 GAO study found that states have a variety of invasive requirements for women claiming abortion coverage under Hyde including provider certification of rape, incest, or life endangerment; beneficiary certification of rape or incest; documentation (such as police report or report with a public health agency) of rape or incest; prior authorization; and prior certification of counseling for the abortion. For example, since 2013, Iowa has required formal approval from the Office of the Governor in order to secure reimbursement for any abortions covered by Medicaid.

Another requirement of the Medicaid program is that all drugs included in the Medicaid Drug Rebate Program must be covered. Mifeprex, the prescription drug most commonly used for medication abortions, is a drug included in the Medicaid Drug Rebate Program, and therefore must be covered by all state Medicaid programs. Most abortions occur in the first trimester when medication abortion is an option, and over half of abortions nationally are now medication abortions. However, the same 2019 GAO report found that 14 state Medicaid programs did not cover Mifeprex.

What is the Hyde Amendment’s impact on women on Medicaid?

Medicaid is a significant source of health coverage for women who have higher rates of abortion in the U.S. including women with low incomes, and women of color. Today, Medicaid covers one in five women (20%) of reproductive age (15-49 years) living in Hyde states. In 2022, over half (51%) of women below the Federal Poverty Level (FPL) living in Hyde states were insured by Medicaid (Figure 2). This number is decreasing, though, with the unwinding of the Public Health Emergency (PHE) protections put in place in response to the COVID-19 pandemic that had allowed people to maintain their Medicaid coverage throughout the PHE. However, the program will continue to remain the main source of coverage for young women with low incomes.

Many Women Living in a State Where Abortion Is Not Banned Have Medicaid Coverage That Does Not Include Abortion

 

Since the Dobbs ruling, the number of abortions nationally has risen compared to the pre-Dobbs period. However, there is large variation between states and regions. While there has been an increase in the number of abortions in states where it remains legal, there have been steep drops in states with bans (to nearly 0) and gestational limits. Some people in states with bans have been able to travel to other states to obtain abortions. However, there are significant financial and logistical obstacles to traveling for an out of state abortion, and many people with low incomes may not have the funds and resources to do so.

Without coverage for abortion under Medicaid, women must pay out-of-pocket for the procedure or rely on abortion funds or borrow money from friends or family to cover the costs. Costs vary by location, facility, and gestational age, but in 2021, the median out-of-pocket costs a first trimester abortion were $568 for a medication abortion and $625 for a procedural abortion. The costs of abortion are higher in the second trimester compared to the first, with median self-pay of $775. Abortion costs are higher in states with more restrictive policies and even more for people living in states with abortion bans (when you take into account the cost of travel, childcare lodging, lost wages, and abortion care itself). Though the vast majority (~90%) of abortions are performed in the first trimester of pregnancy, the costs are challenging for many people with low incomes. According to the Federal Reserve Board, 37% of U.S. adults do not have enough savings to pay for a $400 emergency expense. People covered by Medicaid in states that use state funds to pay for abortion have no out-of-pocket costs for abortion. State Medicaid programs only cover services provided in the state. So, people are not able to travel to another state and use their own state Medicaid coverage to pay for services.

The Turnaway Study found that many of those who received an abortion at any gestational period faced logistical barriers, including difficulty finding a provider and raising funds for the procedure and travel, but these barriers were more common and had greater consequences for those seeking an abortion at or after 20 weeks gestation. It is more difficult to find a provider for abortions later in pregnancy and the procedure is more expensive. Approximately 4% of abortions are performed at 16 weeks or later in the pregnancy. For people with medically complicated health situations or who need a second-trimester abortion, the costs can be prohibitive. In some cases, people find they have to delay their abortion while they take time to raise funds or in other cases, they were not able to obtain abortions because they cannot afford the costs of the procedure. Furthermore, people who first learn of a fetal anomaly in the second trimester when the costs are considerably higher can face significant costs if they seek to terminate a pregnancy that may not be viable.

What would be the impact on abortion coverage if the Hyde Restrictions were lifted?

For many people with low incomes, the lack of Medicaid coverage for abortion is a major barrier to abortion access that existed long before the Dobbs decision. One study from before the Dobbs decision estimated that 29% of pregnant Medicaid-eligible women in Louisiana would have had abortions instead of giving birth if Medicaid covered abortions. Not surprisingly, states that do not use state funds to cover abortions outside of the Hyde limitations pay for substantially fewer abortions. In 2014, 52% of abortion patients residing in states that use their own funds to pay for abortion had the procedure covered by Medicaid, compared to 1.5% of patients who lived in states adhering to Hyde restrictions. This stark differential strongly suggests that if abortion coverage were to be expanded under Medicaid, more people would qualify for abortion coverage, and the number of abortions paid for by the program would rise. Today, 5.5 million women are enrolled in Medicaid and live in states where abortion remains legal, but the program will not cover the service except for limited Hyde circumstances (Figure 3).

Over Half of Reproductive Age Women on Medicaid Live in a State that Follows Hyde Amendment Standards or Currently Bans Abortion

 

However, the extent of the change in Medicaid-funded abortions would likely vary considerably by state as it would be affected by a range of factors, including state laws, reimbursement rates, and the availability of providers. For example, some states already have (or could enact) laws that prohibit state dollars from being used for abortion in the same way that they now ban coverage through private plans and the ACA Marketplace plans. Advocates who support abortion rights are working to counteract these efforts through federal legislation such as the Abortion Justice Act and the EACH Woman Act, which would both seek to prohibit the federal and state governments from restricting insurance coverage for abortion in both public and private health insurance programs. Beyond Hyde, these advocates are working to expand and protect abortion access through court challenges to bans and efforts to pass state and federal laws. Advocates who oppose abortion are working to make Hyde permanent law and are endorsing the passage of federal legislation, such as amending Title I8 of the United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable, and to pass the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act that would make Hyde-type restrictions on abortion funding permanent and applicable government-wide, rather than as a temporary policy rider. In a divided Congress, none of these proposals are likely to be enacted.

Removing the Hyde amendment from the appropriations bill would not automatically grant abortion coverage to women covered under other programs with Hyde-like restrictions. In order for Peace Corps workers, federal employees, and others who are receiving federally funded health benefits (outside of the HHS Appropriations bill) to obtain abortion coverage, the Hyde-like provisions would need to be lifted from the Congressionally approved appropriations bills that fund those federal programs. For women covered by Indian Health Services, TRICARE, or Veteran Affairs to obtain abortion coverage, additional congressional action would be required to change the authorizing laws (Appendix Table 2).

Despite higher shares of people with private insurance and Medicaid resulting from the coverage expansions established by the ACA, coverage for abortion services remains limited. Pregnant people who qualify for Medicaid are by definition low-income and will likely struggle to find the resources to pay for their abortions. While the removal of the Hyde Amendment could broaden this abortion coverage for millions of women with low incomes who receive federally subsidized health coverage, the true impact of such a policy change would vary by program and state, especially given the context of the abortion bans. Forty years after the first time the Hyde Amendment was first applied to a federal appropriations bill, the law is still being debated, reflecting the persistently polarized nature of the abortion debate in the United States.

Appendix

Medicaid Coverage of Women Ages 15-49, 2022

 

Abortion Coverage Restrictions in Federal Law / Programs
Poll Finding

Measles Vaccines and Misinformation in the Courts: A Snapshot From the KFF Health Misinformation Tracking Poll

Published: Mar 14, 2024

Findings

As part of KFF’s ongoing effort to identify and track the prevalence of health misinformation in the U.S., the latest KFF Health Misinformation Tracking Poll examines misinformation related to the measles vaccine and the public’s views of the U.S. government and social media companies’ role in moderating false claims online. This research builds on the Health Misinformation Tracking Poll Pilot, which found that adults across demographics were uncertain about the accuracy of many health-related false and inaccurate claims, such as the false claim that the measles, mumps, rubella (MMR) vaccine causes autism.

In 2000, measles was declared eliminated from the U.S. However, measles is now on the rise again with multiple states reporting cases this year including an outbreak in a Florida elementary school. Experts suggest this is largely the result of a decrease in childhood vaccinations due to missed vaccines during the COVID-19 pandemic from 2020 to 2022. Compounded with these circumstances, views and refusal of childhood vaccines have shifted and become more partisan over the course of the COVID-19 pandemic. While health misinformation and disinformation long preceded the pandemic, the pervasiveness of false and inaccurate information about COVID-19 and vaccines has renewed the focus on the role misinformation can play in distorting public health policy debates and impacting the health choices individuals make.

Misinformation About the Measles Vaccine

This KFF Health Misinformation Tracking Poll explores the prevalence and salience of one specific false claim related to the measles vaccine: “Getting the measles vaccine is more dangerous than becoming infected with measles.” Overall, most adults (82%) say they have not heard or read this claim, though one in six U.S. adults (18%) have heard or read it somewhere. Adults under age 30 – the group most likely to use social media for health information and advice – are most likely to report having heard this claim, though three in four (74%) in this age group have not heard it.

The survey also gauges whether people think this false claim is definitely true, probably true, probably false, or definitely false. Regardless of whether they have heard or read the claim, a fifth of adults (19%), including one quarter of parents, say this claim is “definitely” or “probably true.” Combining these measures, six percent of U.S. adults – including about one in ten (9%) parents of children under age 18 – say they have heard the claim and say it is definitely or probably true.

About One in Five Parents Have Heard the False Claim That a Measles Vaccine Is More Dangerous Than Getting Measles; Few Have Heard and Say It Is True

 

While most of the public correctly view the false claim that “The measles vaccine is more dangerous than the disease itself” as false, the findings echo previous KFF research showing that a majority express at least some uncertainty in their beliefs related to health claims. More than half of U.S. adults say this claim is either “probably false” (41%) or “probably true” (16%). Few (3%) say it is “definitely true” while four in ten (38%) are confident that the claim is “definitely false.”

Across partisans, levels of educational attainment, and race and ethnicity, fewer than five percent of adults say the claim is “definitely true,” meaning there are few ardent believers of this piece of misinformation. However, independents (37%) and Republicans (21%) are less likely than Democrats (59%) to be certain that the claim is “definitely false.” Those without a college degree (29%) are also less likely to say that the claim is definitely false than those with a college degree (55%).

While few adults say that this piece of misinformation is true, the public is split between saying it is “probably false” (41%) or “definitely false” (38%). Parents of children under age 18 are especially likely to say that this piece of information is “probably false” (50%). Having such a sizable group lean towards the correct answer, but be uncertain, may present an opportunity for intervention. Clear, accurate messaging from trusted sources, such as pediatricians, regarding the safety of the measles vaccine may solidify the public’s — and parents’ — correct inclination that the measles vaccine is not more dangerous than contracting the disease. This would allow parents to be more confident in their decisions when it comes to vaccinating their young children.

While Most Adults Say It Is False That Getting the Measles Vaccine Is More Dangerous Than a Measles Infection, Fewer Independents, Republicans, and Adults with Lower Levels of Education Are Certain

 

Social Media and Misinformation

SCOTUS and Misinformation on Social Media

Later this March, the Supreme Court will hear arguments in important cases related to misinformation on social media. First, Murthy v. Missouri asserts that it was unconstitutional for the federal government to ask social media companies to remove COVID-19 misinformation, on the grounds of the right to free speech. In two others, Moody v. NetChoice and NetChoice v. Paxton, the Supreme Court is reviewing Florida and Texas laws that bar social media companies themselves from censoring or making judgements about what posts to allow, including removing misinformation. These cases come at a time when a majority of the public says that misinformation is a major problem in the U.S. These cases will have implications for how the U.S. government and social media companies interact with users and can moderate information.

The KFF Health Misinformation Tracking Poll Pilot found social media use is correlated with both exposure and inclination to believe health misinformation. While many adults reported frequently using social media, few said they would trust health information they may see on these platforms. However, those adults who frequently use social media to find health information and advice are more likely to believe that certain false statements about COVID-19 and reproductive health are true.

Building on that research, this KFF Health Misinformation Tracking Poll shows the public overall views the spread of health misinformation on social media as a bigger problem than the censorship of health speech on these platforms, with some divisions by partisanship. By more than a two to one margin, U.S. adults say, “people being allowed to say harmful or misleading things about health topics” (68%) is a bigger problem on social media than “people being prevented from sharing alternative viewpoints on health topics” (31%). Large shares of Democrats (85%) and independents (64%) say it is a bigger problem that people can say harmful things about health topics on social media, while Republicans are split with half (52%) saying the former is a larger problem and half (48%) saying the latter is a larger problem.

Two Thirds of Adults Say Misinformation Is a Bigger Problem Than Censorship on Social Media; Republicans Are Split

 

When asked about potential actions to prevent the spread of harmful and misleading health information on social media, a slightly larger share of the public supports action by social media companies rather than the U.S. government. This difference is largely driven by Republicans, as majorities of Democrats and independents are supportive of action by either social media companies or the U.S. government, but Republicans are more likely to be supportive of social media companies intervening as a solution for restricting false information.

About two thirds (66%) of adults overall say, “Social media companies should take steps to restrict false health information, even if it limits people from freely publishing or accessing information,” while one third instead say, “People’s freedom to publish and access health information should be protected, even if it means false information can also be published.” There are partisan differences on this question, but notably a large majority of Democrats (82%) along with smaller majorities of independents (57%) and Republicans (56%) agree that social media companies should act.

Majorities Across Partisans Say Social Media Companies Themselves Should Take Steps To Restrict False Health Information, Even if It Limits Freedoms

 

The public is more divided when asked about potential action by the U.S. government. About six in ten adults overall (57%) say, “The U.S. government should require social media companies to take steps to restrict false health information, even if it limits people from freely publishing or accessing information,” while about four in ten (42%) say, “People’s freedom to publish and access health information should be protected, even if it means false information can also be published.” Again, partisans divide, with a majority of Democrats (73%) and independents (60%) supportive of government intervention on this issue. Republicans (38%) are much less likely to say the U.S. government should intervene in this way.

Majorities of Democrats and Independents Say the U.S. Government Should Require Social Media Companies To Restrict False Health Information, Six in Ten Republicans Prioritize the Freedom To Publish Information

 

About the Survey:

The Health Misinformation Tracking Poll is one component of a new KFF program area aimed at identifying and monitoring health misinformation and trust in the United States, placing particular emphasis on communities that are most adversely affected by misinformation, such as people of color, immigrants, and rural communities. The poll will work in tandem with KFF’s forthcoming Health Misinformation Monitor, a detailed report of developments and narratives around health misinformation and trust across various topics, sent directly to professionals working to combat misinformation. The Misinformation Monitor will be an integral part of KFF’s efforts to deeper analyze the dynamics of misinformation and inform a robust, fact-based health information environment, and will inform the topics asked about on future Health Misinformation Tracking Polls.

Methodology

This KFF Health Misinformation Tracking Poll was designed and analyzed by public opinion researchers at KFF. The survey was conducted February 20-28,2024, online and by telephone among a nationally representative sample of 1,316 U.S. adults in English (1,226) and in Spanish (90). The sample includes 1,036 adults (n=51 in Spanish) reached through the SSRS Opinion Panel either online (n=1,011) or over the phone (n=25). The SSRS Opinion Panel is a nationally representative probability-based panel where panel members are recruited randomly in one of two ways: (a) Through invitations mailed to respondents randomly sampled from an Address-Based Sample (ABS) provided by Marketing Systems Groups (MSG) through the U.S. Postal Service’s Computerized Delivery Sequence (CDS); (b) from a dual-frame random digit dial (RDD) sample provided by MSG. For the online panel component, invitations were sent to panel members by email followed by up to three reminder emails.

Another 280 (n=39 in Spanish) interviews were conducted from a random digit dial telephone sample of prepaid cell phone numbers obtained through MSG. Phone numbers used for the prepaid cell phone component were randomly generated from a cell phone sampling frame with disproportionate stratification aimed at reaching Hispanic and non-Hispanic Black respondents. Stratification was based on incidence of the race/ethnicity groups within each frame.

Respondents in the phone samples received a $15 incentive via a check received by mail, and web respondents received a $5 electronic gift card incentive (some harder-to-reach groups received a $10 electronic gift card). In order to ensure data quality, cases were removed if they failed two or more quality checks: (1) attention check questions in the online version of the questionnaire, (2) had over 30% item non-response, or (3) had a length less than one quarter of the mean length by mode. Based on this criterion, no cases were removed.

The combined cell phone and panel samples were weighted to match the sample’s demographics to the national U.S. adult population using data from the Census Bureau’s 2023 Current Population Survey (CPS), September 2021 Volunteering and Civic Life Supplement data from the CPS, and the 2023 KFF Benchmarking survey with ABS and prepaid cell phone samples. The demographic variables included in weighting for the general population sample are sex, age, education, race/ethnicity, region, civic engagement, frequency of internet use, political party identification by race/ethnicity, and education. The sample of registered voters was weighted separately to match the U.S. registered voter population using parameters above plus recalled vote in the 2020 presidential election by county quintiles grouped by Trump vote share. Both weights account for differences in the probability of selection for each sample type (prepaid cell phone and panel). This includes adjustment for the sample design and geographic stratification of the cell phone sample, within household probability of selection, and the design of the panel-recruitment procedure.

In addition, the sample of parents (n=283) includes adults from the SSRS opinion panel who say that they are a parent or guardian of a child 18 years or younger living in their home was weighted separately to the Census Bureau’s 2023 Current Population Survey (CPS) and the 2023 KFF Benchmarking survey. The demographic variables included in weighting for the parent sample are sex, age, education, race/ethnicity, and political party.

The margin of sampling error including the design effect for the full sample is plus or minus 3 percentage points and for registered voters is plus or minus 4 percentage points. Numbers of respondents and margins of sampling error for key subgroups are shown in the table below. For results based on other subgroups, the margin of sampling error may be higher. Sample sizes and margins of sampling error for other subgroups are available by request. Sampling error is only one of many potential sources of error and there may be other unmeasured error in this or any other public opinion poll. KFF public opinion and survey research is a charter member of the Transparency Initiative of the American Association for Public Opinion Research.

GroupN (unweighted)M.O.S.E.
Total1,316± 3 percentage points
Total parents283± 7 percentage points
Party ID
Democrats398± 6 percentage points
Independents338± 7 percentage points
Republicans407± 6 percentage points

 

 

News Release

Adult Children of Immigrants Make Outsized Contributions to the U.S. Health Care Workforce

Published: Mar 13, 2024

Adult children of immigrants make up a disproportionately large share of physicians, surgeons and other health care practitioners in the U.S. — just one reflection of their comparatively high employment, educational attainment and income levels, according to a new KFF analysis.

The analysis of 2023 Current Population Survey data shows that U.S.-born nonelderly adults whose parents were both born outside the U.S. comprise 13% of physicians, surgeons, and other health care practitioners. That amounts to more than twice their share of the working age population (6%). 

The data show that the adult children of immigrants have higher educational attainment compared to their peers with U.S.-born parents. Forty-five percent of nonelderly adult children of immigrants hold a bachelor’s degree or higher, compared to 40% of adults with at least one U.S.-born parent. 

Adult children of immigrants also are somewhat more likely to have higher incomes, with 39% living in households with an annual income of $90,000 or more. In comparison, about one in three (36%) of nonelderly adults with at least one U.S.-born parent live in higher income households.Other key findings include: 

  • Three in four (76%) nonelderly adult children of immigrants are employed, accounting for 6% of the nonelderly adult workforce, similar to their share of the nonelderly adult population (6%). The rate is higher among adult children of immigrants between the ages of 25 and 64, who are less likely to be students, with 81% of this group working compared to 78% of their peers with at least one U.S.-born parent. 
  •  Nonelderly adult children of immigrants are less likely than those with U.S.-born parents to have private health coverage (67% vs. 76%) and more likely to be uninsured (13% vs. 8%). Their higher uninsured rate may reflect that they are more likely to be working in some industries like construction, food services, and transportation, which may be less likely to offer health coverage.

The full analysis, “The Role of Adult Children of Immigrants in the U.S. Health Care Workforce”, is available at kff.org.