Postpartum Individuals Are at Risk of Losing Medicaid During the Unwinding of the Medicaid Continuous Enrollment Provision, Especially in Certain States

Published: May 30, 2023

Updated on May 30, 2023 to reflect South Dakota’s state plan amendment submissionWith the end of the Medicaid continuous enrollment provision that was implemented during the pandemic health emergency, states are resuming Medicaid disenrollments. Many individuals who originally qualified for Medicaid through pregnancy eligibility may be at risk of losing coverage. During the pandemic, people who obtained Medicaid coverage because they were pregnant were able to remain on the program even after the traditional 60-day postpartum coverage period ended. CMS data show that from February 2020 to July 2022 there was a 75% increase in enrollment in the pregnancy eligibility group. States could have moved people to other eligibility groups, but many did not.

While the Medicaid continuous enrollment was in place, Congress took additional steps to improve postpartum coverage by giving states the option to extend that coverage from 60 days to 12 months starting in April 2022. Because this coverage option has not been uniformly adopted by states, some postpartum individuals may now be disenrolled after 60 days as states return to pre-pandemic enrollment and eligibility operations.

State policies on postpartum coverage

Medicaid offers coverage to pregnant women and others with state established income eligibility levels that range from 138% to 380% of poverty (ranging from approximately $34,000 to $94,000 annually for a family of 3), and as a result, covers four in ten births nationally. States must cover pregnant people through 60 days postpartum, and now have the option to extend that coverage to 12 months. In addition to state choices to implement the postpartum extension, states’ policies on full Medicaid expansion affect coverage in the postpartum period. Prior to the pandemic, in expansion states, most women and people eligible for postpartum coverage who had incomes up to 138% FPL could stay on the program, and many with higher incomes could qualify for subsidized coverage through the Affordable Care Act (ACA) Marketplace. However, in states that had not adopted Medicaid expansion, eligibility levels for parents are much lower than for pregnancy, so many people would lose coverage after 60 days because their incomes exceeded the lower income thresholds for parents. Those with incomes below poverty – which is the minimum income required to qualify for ACA subsidies – were caught in the “Medicaid coverage gap” in non-expansion states.

It is well accepted that the postpartum period extends beyond 60 days. Many common pregnancy-related complications, such as cardiovascular conditions, hypertension, and postpartum depression require care over a longer-term. Providing coverage for a longer period after pregnancy also promotes continuity of care and access to preventive services such as contraception and intrapartum care. Since the pandemic’s onset, there has been a sea change in postpartum coverage as 38 states and DC have adopted the 12-month extension and another 4 states have legislation to adopt the extension pending (Figure 1).

Interactive DataWrapper Embed

Over the coming months, across the states that have not adopted the 12-month postpartum extension, people who qualified for Medicaid through the pregnancy pathway risk losing Medicaid coverage before the end of their postpartum year because pregnancy-related income eligibility levels are higher than those for parents. However, the risk is greater in some non-expansion states. Texas, for example, has not expanded Medicaid under the ACA and does not have an approved postpartum extension (state legislators are considering a bill). A single mother with a newborn in Texas may lose Medicaid coverage two months after giving birth if she has an annual income above $4,000 (~16% of the poverty level). Furthermore, she may fall into the coverage gap if her income is below the poverty line ($24,860), the minimum eligibility for assistance through the ACA marketplace.

Considerations for Unwinding

As states resume Medicaid disenrollments, many who qualified for Medicaid through the pregnancy pathway during the pandemic are at risk of losing Medicaid coverage. Some will qualify for subsidized ACA Marketplace plans. Some parents, particularly in non-expansion states, are likely to become uninsured, but their children will remain eligible for Medicaid or CHIP.

Some postpartum individuals may also lose coverage despite remaining eligible because they face barriers to completing the renewal process. Not receiving or understanding renewal notices or not knowing how to respond to state requests for information are some of the reasons why people may not complete the renewal process.

Monitoring how the Medicaid unwinding is proceeding in states can help ensure continuity of coverage for eligible postpartum individuals by identifying potential enrollment problems early in the process. States are required to report monthly on the number of individuals with pregnancy-related coverage who are terminated and whether it is for procedural reasons; however, data collection, quality and timing may be a challenge.

The demands of caring for a newborn can exacerbate challenges in completing the renewal process, which is further complicated because infants born during the pandemic will need to transition to eligibility for children, another procedural hurdle for parents of young children. State approaches to the unwinding process, particularly policies to streamline renewals and to follow up with enrollees who have not completed the renewal process, can facilitate the ability of eligible individuals to retain coverage.

The New Pandemic Fund: Overview and Key Issues for the U.S.

Published: May 30, 2023

Introduction

In the wake of COVID-19, the world has a new global health, multilateral financing mechanism known as the Pandemic Fund. Based at the World Bank, and officially launched in November 2022, it is the first mechanism with the specific purpose of providing sustained financing to help countries build their capacity to prevent, prepare for, and respond to epidemics and pandemics. While there had been discussions for years about increasing the amount of multilateral financing (i.e., donor funding channeled through an intergovernmental entity) directed to pandemic preparedness, it wasn’t until COVID-19 that policymakers and donors were spurred into action to create a formal mechanism for this purpose. The U.S. government has been a key champion of the Pandemic Fund since President Biden came into office in 2021 and the U.S. has provided more funding than any other donor up to this point.

Given how nascent the fund is, there are still many unknowns and unanswered questions about how it will be implemented, the scope and duration of its work, and how it fits into the broader set of global health efforts. To help shed light on these topics, this brief reviews the evolution and establishment of the Pandemic Fund, describes the Fund’s governance and operations, and discusses key issues and challenges for the Fund – particularly related to U.S. engagement – as it continues to make its transition from concept to implementation.

History and Development

There have long been calls for increased global cooperation and more international funding for building pandemic preparedness and response (PPR) capabilities worldwide. In 2005, World Health Organization (WHO) member states agreed to a revised set of rules for prevention of and response to international health crises, known as the International Health Regulations (IHRs) and, among other things, committed to build up core capacities for PPR. However, progress toward meeting established capacity benchmarks was slow and led to efforts to direct more attention and funding to PPR, such as the establishment of the Global Health Security Agenda in early 2014, just before the emergence of the largest Ebola outbreak in history. As a result, numerous expert commissions, panels, and international institutions pointed again to significant weaknesses in global PPR capabilities and recommended greater international coordination and increased funding. While a few incremental changes were enacted post-Ebola, it was clear that major gaps in PPR capabilities worldwide remained and funding was limited compared to estimated need. Even before COVID-19 emerged, some experts were already calling for increased multilateral funding for PPR including through multilateral development banks like the World Bank.

Box 1: Selected Timeline in the Lead up to the Pandemic Fund

  • 2014: West African Ebola Epidemic begins
  • 2017: World Bank International Working Group on Pandemic Preparedness Financing report calls for greater funding for global pandemic preparedness and response (PPR) capacity building
  • 2019: Center for Strategic and International Studies report recommends new multilateral PPR financing; the Center for Global Development and the Nuclear Threat Initiative propose a new Global Health Challenge Fund
  • January 2020: World Health Organization (WHO) declares COVID-19 a public health emergency of international concern (PHEIC)
  • January 2021: G20 nations establish a High-Level Panel on Pandemic Financing
  • January 2021: Biden White House releases National Strategy for COVID-19 Response and Pandemic Preparedness, calling for the Treasury Department to develop a strategy on how the U.S. can promote additional PPR financing through international financial institutions including the World Bank
  • September 2021: The First Global COVID-19 Summit convened by President Biden, at which the US announces support for a multilateral PPR financing mechanism and commits $250 million
  • May 2021: Independent Panel for PPR releases report calling for the creation of a “Pandemic Financing Facility” that would direct $5 to 10 billion annually for pandemic preparedness activities worldwide
  • June 2021: G20 High Level Independent Panel releases report on Financing the Global Commons for PPR, including a recommendation to create a Global Health Threats Fund structured as a Financial Intermediary Fund (FIF) at the World Bank, which mobilizes at least $10 billion annually for global PPR efforts
  • September 2021: Biden White House calls for creation of a pandemic FIF housed at the World Bank
  • March 2022: WHO and World Bank’s G20 Joint Finance & Health Task Force analysis of PPR architecture, financing needs, gaps and mechanisms released, calling for $10 billion in external PPR financing annually over the next five years
  • April 2022: G20 finance ministers agree to support the establishment of a Pandemic FIF at the World Bank
  • May 2022: Second Global COVID-19 Summit held, donors pledge support to a Pandemic FIF, including an additional $200 million from the U.S. (for a total U.S. commitment of $450 million at this point)
  • May 2022: World Bank “White Paper” on a proposed Pandemic FIF released
  • June 2022: World Bank Board of Directors approves creation of a Pandemic FIF, forms Governing Board
  • September 2022: Pandemic FIF formally established at the World Bank
  • November 2022: Pandemic FIF re-named the “Pandemic Fund” and officially launched by G20 countries
  • Jan-Feb 2023: An estimated 650 expressions of interest for funding submitted by countries, regional bodies and global health organizations in advance of the first call for proposals
  • March 2023: First Pandemic Fund Call for Proposals is released, with the Fund making $300 million available; over subsequent months reportedly over 100 countries submit proposals for funding requests totaling over $7 billion
  • May 2023: G7 leaders communique re-iterates support for the Pandemic Fund and encourages increased contributions; the White House announces an additional $250 million contribution to the Fund (pending Congressional notification), raising total U.S. pledges to $700 million

When COVID-19 precipitated a worldwide crisis starting in 2020, broader interest in multilateral PPR funding was re-ignited. Reports from high level international panels and expert commissions such as the G20 Joint Task Force and the Independent Panel for Pandemic Preparedness and Response recommended increased funding and using multilateral development banks to channel additional support for PPR. Endorsements and support for the idea of a “financial intermediary fund” (FIF) for PPR came from the Biden White House, the WHO Director-General, the European Union, and many other policymakers, organizations, and experts. In April 2022, G20 finance ministers agreed to establish such a fund and in June 2022, the World Bank approved the creation of a “financial intermediary fund for pandemic preparedness and response (FIF).” The FIF was formally established in September 2022, and officially launched as the renamed “Pandemic Fund” in November 2022 (see Box 1 for a fuller timeline of events in the development of the Pandemic Fund).

The decision to house the Fund at the World Bank reflected the Bank’s role in hosting similar mechanisms. While the Pandemic Fund is the first FIF focused on PPR specifically, there are at least two dozen other FIFs hosted by the World Bank, including a number of other global health-focused FIFs such as the Coalition for Epidemic Preparedness Innovations (CEPI), the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria, and the Global Finance Facility for Women, Children and Adolescents. Each FIF has its own unique rules and approaches to governance, financing, implementation, funding amounts, and other characteristics.

Mission, Governance, and Operations

The Fund has only recently been officially launched, and details of how it is governed and how it operates have had to be crafted over a relatively compressed time period. Stakeholders including donors, beneficiary governments, international agencies such as the WHO and World Bank, and civil society groups have all helped shape these details since mid-2022, and some aspects continue to evolve as the Fund moves further into its implementation phase. Several documents have been released by the World Bank and the Fund to describe how it works, including: a Board paper on establishing the Fund, a Governance Framework, and an Operations Manual. The Fund also released its first Call for Proposals, which outlines in more detail the process for submission, review, and distribution of funding.

This section summarizes publicly available information about the Fund’s governance and operations, and reviews key issues and debates that emerged as policies were developed.

Mission

According to the Governance Framework, the primary objective of the Fund is to “provide a dedicated stream of additional, long-term funding for critical pandemic PPR functions” to support and reinforce existing capacity building efforts. More specifically, the Fund is designed to add value by: 1) mobilizing additional sources of financing, including philanthropic and private sector funding more broadly, 2) leveraging its resources to incentivize more spending via matching domestic resources, co-financing and/or “concessional” lending, and 3) harmonizing spending for PPR and health systems by bringing actors together and linking financing with country level planning and prioritization processes.

As the Fund was being developed, the importance of this additionality was emphasized frequently. Rather than being another vehicle to re-direct existing government donor financing to global health security, the Fund is meant to draw in funding that would not otherwise be available and use its funding in such a way to encourage more spending by domestic governments and the private sector on pandemic preparedness activities.

Financial Status

As of May 22, 2023, 26 donors (including countries, philanthropic foundations, and non-profit organizations) had pledged an estimated total of $1.9 billion in support of the Pandemic Fund, some of which consists of future commitments. The total amount received from donors and available for use (as of May 22, 2023) is reported as $1.1 billion, $300 million of which is dedicated to funding projects resulting from the first call for proposals.

The three largest donors to date by total amount committed (including paid and unpaid funds) are: the U.S. ($700 million), European Commission/European Union (EU/EC, $464 million), and Germany ($123 million). Counting only amounts paid in, the three largest donors so far are the United States ($450 million), the EU/EC ($248 million), and Italy ($106 million). Figure 1 shows a list of donor paid and unpaid contributions, by paid in amounts.

Donor Paid and Unpaid Contributions to the Pandemic Fund, by Paid Contribution Amount

Governance

Policymakers faced many questions and debates about how to structure the Fund’s governing bodies to ensure some balance in decision-making and oversight between donors, international agencies, governments, private sector and civil society, and other stakeholders. In particular, there was a push from some low- and middle-income governments, advocates, and civil society representatives for their inclusion in Fund governance, a position supported by the United States. Ultimately, a decision was made to incorporate a broad set of stakeholders into the Fund’s governance structure, as follows:

  • A Governing Board (the “Board”) is the principal decision-making body for the Fund, responsible for discussing and approving plans, priorities, principles, budgets, changes to governance and operations, and more. The Board has a total of 21 voting seats (with an equal number of alternates) divided among several constituencies as follows (members as of March 2023 listed here):
    • Nine for “Contributors” (i.e., representatives from donor governments such as the U.S.)
    • Nine for “Co-investors” (i.e., representatives from Fund-eligible country governments)
    • One for philanthropic/foundation contributors
    • Two for representatives from civil society/community groups (one for the “Global North” and one for the “Global South”).
    • There are also non-voting members on the Board, including a representative from the G20, the Chair and Vice-Chair of the Technical Advisory Panel (see below), plus any other representatives from entities as approved by the Board. There are additional Observer seats as well, including representatives from the Trustee, Implementing Agencies, and the Secretariat (more on these below).
  • A Technical Advisory Panel (TAP) is the principal advisory body to the Board, comprised of up to 20 experts drawn from a range of PPR-relevant fields and practice areas. The TAP has responsibilities for advising the Board on technical, financial, and other matters, including review, analysis, and recommendations related to proposals for funding. A senior WHO official (currently Mike Ryan) is the TAP Chair, and a “non-WHO” expert (currently Joy St. John from the Caribbean Public Health Agency) is the Vice Chair. Beyond these 20 (membership shown here), additional experts may be called to contribute on an as-needed basis. TAP members serve for two years, up to two consecutive terms.
  • The Secretariat is the office responsible for day-to-day FIF operations and performs duties including convening Board and TAP meetings, developing the calls for proposals, compiling progress and evaluation reports, liaising with external partners, and other activities. Located at the World Bank, the Secretariat is comprised of a small staff of “professional and administrative staff employed by the World Bank or seconded to the World Bank from WHO.”
  • The Trustee for the pandemic FIF is the World Bank, which is responsible for receiving and holding funds from contributors, providing financial oversight and agreements, reviewing financial reports, and other tasks.

The current Board is comprised of interim members put in place as the Fund was first established. A “Board reset,” which may result in turnover of some individuals currently occupying Board seats, is scheduled for May 2023.

Operations

The Fund’s Operations Manual describes key current operational aspects as follows:

Funding modalities, eligibility, and implementing agencies

The Fund can receive donor funding from governments, intergovernmental organizations, as well as approved non-governmental entities such as foundations/philanthropies. Any donor to the Fund enters an agreement with the Trustee (the World Bank), and contributions from non-governmental entities are subject to review and approval by the Governing Board. Contributions can be made as one-time payments or installments for up to eight years. All contributions are pooled for subsequent allocation by the Governing Board (more on this below). No donor contributions can be earmarked in advance for specific projects or recipients.

Pooled donor funds are to be directed in support of relevant capacity building activities at national, regional, and/or global levels. Countries that are eligible to receive World Bank funding (i.e., the World Bank-defined IBRD and/or IDA countries) are eligible to receive Pandemic Fund support. Regional entities that are specialized technical institutions supporting public health and/or strengthening preparedness capacity and established by governments of one or more eligible countries, as well as regional development communities and economic organizations, are also eligible for funding. Governments and entities that receive funding are known as Beneficiaries.

Funding is not provided directly to Beneficiaries, however. Instead, the Pandemic Fund channels funding through a pre-determined set of “Implementing Agencies” that partner with Beneficiaries to carry out activities that advance the Fund’s mission. The Pandemic Fund cannot provide grants for projects that do not involve an Implementing Agency. Currently, the Fund has named the following 13 Implementing Agencies as eligible:

  • Multilateral Development Banks: African Development Bank, Asian Development Bank, Asian Infrastructure Investment Bank, European Investment Bank, Inter-American Development Bank, International Finance Corporation, World Bank
  • United Nations Institutions: Food and Agriculture Organization, UNICEF, World Health Organization
  • Other Multilateral & Global Health Organizations: Coalition for Epidemic and Preparedness Innovations (CEPI), Gavi the Vaccine Alliance (Gavi), the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund).

The Governing Board can approve additional Implementing Agencies, subject to a review and accreditation process.

Funding Proposal Review and Approval

Pandemic Fund grants will be allocated via a process of proposal submissions, review, and Board approval. The Secretariat will issue periodic calls for proposals and associated funding envelopes, asking for proposals from eligible parties for investments in specific PPR focus areas. Proposals may be submitted by one or more countries and/or regional entities, and must identify at least one approved Implementing Agency to support project implementation. The Secretariat receives and screens proposals to ensure compliance with the Fund’s governance and operations framework. Among other requirements, each proposal must include a description of its monitoring and evaluation approach, and these results must be tied to a specific results framework that measures progress in raising preparedness scores according to standard evaluation measures such as the WHO’s Joint External Evaluation (JEE) or State Party Self-Assessment Report (SPAR) and the World Organization for Animal Health’s Performance of Veterinary Services (PVS) Pathway tool.

Each proposal that meets compliance standards will be sent to the TAP for review and scoring. The TAP will review submissions for adherence to the criteria in the request for proposals, as well as other aspects such as technical soundness, cost efficiency, fit within the broader context of PPR and health financing, impact, and equity. Each proposal will be scored according to specific criteria and a system developed and approved in advance by the Governing Board.  The TAP will submit its written assessments and scores to the Governing Board via the Secretariat, for final review and approval. The Governing Board then decides on allocations for approved proposals based on their assessed merit and resources available for distribution.

In January 2023, the Pandemic Fund asked potential Beneficiaries to submit preliminary expressions of interest for funding and through February had received a reported 650 such submissions. On March 3, 2023 the Fund released its first official call for proposals, which focuses on one or more of the following technical areas: 1) disease surveillance systems, 2) laboratory systems, and/or 3) strengthening human resources/public health workforce capacity. The Fund is making available $300 million for this round of proposals, with submissions required by May 2023 and final funding decisions expected by July 2023.

U.S. Engagement

The U.S. has publicly and actively supported the effort to direct additional multilateral financing for COVID-19 and PPR efforts more broadly since President Biden took office in January 2021. Soon after his inauguration the President released a National Strategy for the COVID-19 Response and Pandemic Preparedness that emphasized the need for more funding for PPR, and called on the U.S. Treasury to work with the World Bank and others to promote additional financing through multilateral financial institutions. At the U.S.-hosted first Global COVID-19 Summit in September 2021, the White House specifically called for the creation of a pandemic financial intermediary fund to be housed at the World Bank, and committed the first funding toward the mechanism. The U.S. Treasury, as the lead government agency for engagement with multilateral financing institutions, has played an ongoing role in advocating for and advancing the development of the Pandemic Fund, with U.S. Treasury Secretary Janet Yellen frequently voicing support and calling for more donor engagement and financing for this mechanism. The U.S. currently occupies one of nine “Contributor” (donor country) seats on the Pandemic Fund Board.

As the Fund as evolved, the U.S. government has sought to shape its governance and operational aspects according U.S. priorities. Many U.S. priorities for the Fund, as expressed by U.S. officials in response to initial World Bank proposals, have been implemented in the current Fund approach. For example, the U.S. pushed for a more inclusive Board and governance structure that includes recipient country and civil society representation, and sought to expand the set of implementing partners to include existing global health institutions such as Gavi, CEPI, and the Global Fund.

To date, the U.S. has both pledged and paid in more funding to the mechanism than any other single donor. The U.S. made an initial commitment of $250 million for the Fund in September 2021, and in May 2022 announced it was increasing its commitment to $450 million. In May 2023, the U.S. announced it would direct an additional $250 million to the Fund (pending Congressional notification), which brings the total of pledged U.S. contributions to $700 million. This would represent 37% of all donor commitments made so far. As of May 2023, the amount the U.S. has paid in ($450 million) represents about 40% of all financing received by the Fund to date. U.S. contributions have been drawn from a mix of COVID emergency supplemental funding and funding provided to USAID for global health security.”

For its part, Congress has drafted bills in support of more multilateral financing for pandemic preparedness, including through a new fund. The House passed a global health security bill in 2021 that, among other actions, authorized U.S. engagement with and contributions to a new multilateral fund for pandemic preparedness. While that bill was not passed by Congress in 2021, much of the language and expression of support for the Fund was eventually incorporated into the 2023 National Defense Authorization Act, which passed into law in December 2022. That legislation authorizes up to $5 billion in U.S. contributions to the Pandemic Fund over five years ($1 billion per year), and outlines requirements such as that U.S. contributions to the Fund are to not exceed one-third of all donor contributions to the mechanism. White House budget requests in FY 2023 and FY 2024 each asked Congress to provide $500 million for the Fund, but so far Congress has not appropriated any additional funding (beyond already existing COVID-19 emergency funding). Still, in final appropriations bills for FY 2022 and FY 2023, Congress provided the administration with the authority to transfer funding for global health programs more generally to the Pandemic Fund.

Policy Issues

The Pandemic Fund is still quite new, having launched only last year and just now readying its first round of funding. As such, many of the details about its policies, procedures, and operations are still being negotiated and fleshed out, with some changes and clarifications sure to come in the future. Still, enough is known at this point to identify key challenges and issues the Fund faces, now and going forward. These include:

  • Limited donor funding to date and uncertain future support. Donors have promised over $1.9 billion to the Fund (including commitments made for future years) and paid in over $1.1 billion so far. However, these funding amounts fall far short of the $10 billion or more each year recommended by the World Bank, WHO, and other groups. It remains unclear whether and how this funding gap can be filled as attention to COVID-19 fades, and as donors and health systems face funding constraints and competing priorities. While there appears to be strong demand for Pandemic Fund grants – the first call for proposals generated submissions from more than 100 countries requesting funding totaling over $7 billion – the longer-term sustainability of the Fund remains in question without more financing, and its reliance on the generosity of donors in the coming years places it in a potentially precarious financial situation.
  • Approach and ability to catalyze co-financing is unclear. As the Pandemic Fund’s Governance Framework makes clear, a key objective for the mechanism is to use its resources to leverage additional investments for pandemic preparedness and response from philanthropies and the private sector, as well as by country governments. However, only a limited amount of funding has been committed by philanthropies to date, including from the Gates Foundation ($15 million), Wellcome Trust (about $12 million), and Rockefeller Foundation ($15 million), which together comprise around 2 percent of all commitments to the Fund. In addition, it is still unclear how the Fund will “crowd in” additional PPR financing from domestic governments, particularly given the challenging fiscal environments faced by many low and middle income countries. A Board working group recommended against strict co-financing requirements linked to grants but did recommend co-financing be pursued when possible. The first call for proposals includes a set of principles for co-investments, making clear that mobilizing additional government spending is encouraged but not an absolute requirement. While rules and regulations may evolve for future funding rounds, it will be important to observe if and how much co-financing is mobilized in the first round of funding without specific requirements for it, and how successful the Fund can be in crowding in additional funds from other sources.
  • Differing views on priorities by geography, activity, income level, and other aspects of project funding. The Fund has to choose how to spend a limited amount of funding across a broad set of potential projects, which could encompass preparedness and response, animal and human health, local and global capacities, early-stage research and last-mile delivery, and more. For its initial round, the Fund has focused on certain country and regional-level technical areas such as laboratory systems and public health workforce, but that leaves out other areas in need of investment. Going forward, decisions to focus in some areas but not others are likely to be contentious. For example, what the right split between funding country-level, regional-level, and global capacities is. Some advocates have argued for setting a specific target such as 70/20/10 across these three levels, respectively, but no hard and fast rule yet applies. In addition, the Board will have to choose how to balance financing across a range of country income levels, and disparate needs.
  • Questions about governance processes and ensuring representative decision-making. At less than a year old, many of the Fund’s governance procedures and norms are still being negotiated and developed, but already there are questions about how it will navigate decision-making processes and ensuring equity and representation, such as:
    • While some steps have been taken toward inclusive governance such as having civil society and recipient country representation on the Board, as sought by the U.S. and global health advocates, it’s not yet clear the extent to which decision-making will be influenced by these stakeholders as opposed to donor governments. There are the same number of Board seats (nine each) for “Co-investor” and “Contributor” countries plus two seats for civil society, but power imbalances can still exist in such situations in practice. Further, the two civil society representatives (one from the Global North and one from the Global South) have been tasked with representing large, diverse international constituencies, and keeping informed of and adequately representing the full array of issues and concerns of their constituencies is a major challenge.
    • Concerns about potential conflicts of interest have also been raised, such as that “Co-investor” countries have a level of influence over funding decisions and also stand to benefit from funding decisions. The Board has been developing a set of guidelines to manage this and other potential conflicts of interest, but it remains to be seen how the Fund rolls out and implements the guidelines, and how robust they turn out to be. As it stands, the Fund’s Operations Manual states all individuals associated with decision-making and/or implementation “must disclose to the Secretariat any actual or potential conflicts of interest…and recuse themselves from decision-making or deliberations in relations to matters where conflicts arise.” Other global health financing mechanisms (including Gavi and Global Fund) have had to navigate this issue to some extent but it will be particularly important for the Fund as it establishes itself, builds trust and seeks legitimacy for its work.
    • Ensuring transparency of decision-making and operations for the Fund will be important. Some notable steps toward greater transparency have already been taken, including having the Secretariat organize (occasional) open meetings with external stakeholders such as civil society representatives to provide information and accept input, posting Board meeting minutes detailing decisions and other important information, and creating a website with updated donor funding information, news, and other resources. As the review process for grants begins and funding begins to be awarded, transparency about how decisions are made, along with amounts, recipients, and projects funded, are likely to help maintain trust among interested parties. To this end, the Board released the instrument and scoring approach that will be used by the TAP to rank and score proposals in the first round of funding. It is expected that results from the reviews will be made public to an extent, along with posting and sharing of the Fund’s overall results and outcomes.
  • Level of integration and coordination with existing global health and PPR efforts remains to be seen. The Fund was designed to be additive and build upon ongoing PPR and global health efforts. Among its key principles are that it “complements the work of existing institutions” and that it will “serve as an integrator rather than become a new silo that only furthers fragmentation.” One way it seeks to do this is by requiring its funding be channeled through existing institutions (i.e., “Implementing Agencies”) rather than building a new vertical funding structure. The Fund also requires that proposals address how their projects would integrate with and build upon existing plans and PPR frameworks Joint External Evaluations (JEEs), the International Health Regulations (IHR), and country-level National Action Plans for Health Security (NAPHS) or other plans, and proposals must outline how different key actors will coordinate their efforts. Still, as the Fund moves from concept to implementation it will be worth monitoring how effective these principles are and how closely it adheres to this vision. Depending on the focus and scope of projects, countries could have to integrate across many disparate and fragmented actors, including other multilateral efforts, bilateral programs, and overlapping (but potentially separately funded) primary health care, universal health coverage or health system strengthening efforts. Already, this challenge has emerged. The Global Fund, one of the Pandemic Fund’s 13 approved implementing entities, submitted an expression of interest to the Fund, but has since decided not to formally apply for funding in round one, while it continues to assess coordination and synergies between the two organizations.
  • Demonstrating impact in the next few years will be important but challenging. As a new entity, the Fund does not yet have a track record it can point to and likely faces a relatively short time window to demonstrate its effectiveness to donors, partners, and communities. Setting ambitious but attainable goals and objectives will be important, especially ones that can be measured, quantified and progress tracked against. To this end, the Fund’s Results Framework outlines monitoring and evaluation requirements for funding recipients, with each implementing agency required to report annually to the Secretariat on progress according to standard metrics like the JEE and SPAR. The Secretariat will then provide an annual, overall results report for the Board. The challenges may come with definitively demonstrating impact, especially if metrics are hard to interpret and/or could take time (perhaps years) to improve. There will be a balance between making quick progress to show donors that funds are having an impact, and allowing enough time for chosen projects to be implemented. In addition, given that the ultimate goal is to help countries prevent epidemics and pandemics, it will be difficult to measure such an effect beyond these intermediary metrics.
  • Future U.S. funding for the Pandemic Fund, as well as coordination of this support within the context of existing global health programs, remains to be determined. The future of U.S. funding for the Fund is unknown, as the Biden Administration has so far been able to primarily tap pre-existing funds from COVID-19 emergency appropriations, along with global health security funds. Additional amounts, specifically appropriated by Congress for the Fund, are not a given. In the current period of divided government and budget constraints, in advance of a Presidential election year, it is not clear there is a bipartisan consensus on more U.S. support for the Fund – let alone the $1 billion annually that the White House supports and Congress has authorized for this purpose. Also, given the already long-standing U.S. support for bilateral and multilateral global health efforts such as PEPFAR and the Global Fund, as well as a number of dedicated bilateral global health security programs, it remains to be seen how the U.S. will balance its support for the Pandemic Fund with that for its other programs. Any further U.S. contributions to the new mechanism might come in addition to discretionary funding amounts Congress provides for other U.S. global health programs, potentially leading to tension about the right balance. Further, in places where U.S.-funded global health programs and Pandemic Fund supported projects occur together geographically, U.S. programs might have to consider how best to coordinate and, where appropriate, integrate efforts.
News Release

New KFF Survey Finds Abortion Remains Key Issue for Voters with Democrats Holding a Sizeable Edge over Republicans; A Third of Women Say They’ll Only Vote for Someone Who Shares Their Views

Six in 10 Adults Disapprove of Supreme Court and Most Don’t Trust the Court to Decide Reproductive Health Cases, While Majority Have Confidence in the FDA to Ensure Drugs Are Safe and Effective

Published: May 26, 2023

Nine months ahead of the first presidential primary of the 2024 election season, many voters, especially women, say candidates’ views on abortion will again be a key issue, and Democrats hold a strong edge over Republicans on the issue, a new KFF Health Tracking Poll finds.Three in 10 registered voters (30%) – and a third of women voters (35%) – say they will only vote for a candidate who shares their views on abortion. This finding includes nearly half (46%) of Democrats, almost a quarter (23%) of independents, and one in five (20%) Republicans. Similar shares of voters who say abortion should be legal in all or most cases (31%) and those who say it should be illegal in all or most cases (28%) will only vote for a candidate who shares their views.When asked which party best represents their views of abortion, more people say the Democratic Party (42%) than the Republican Party (26%), while about a third (32%) say neither party does.While most partisans say their party best represents their abortion views, Republicans are more than twice as likely as Democrats to say that neither party represents their views (21% v. 9%) or that the other party does (6% v. 1%).The Democratic Party also has an edge over the Republican Party on the abortion issue among independent voters (36% v. 13%) and among women voters under age 50 (45% v. 24%).

Most Don’t Trust the Supreme Court to Make Decisions in Reproductive Health Cases

Nearly a year after the Supreme Court’s decision ending the constitutional right to an abortion, the poll finds most (58%) of the public disapproves of its job performance generally, and most don’t trust the Court’s ability to decide cases related to reproductive and sexual health. Almost four in 10 (37%) say they trust the court “a lot” or “somewhat” to make the right decision on reproductive and sexual health, fewer than say the same about other topics such as science and technology (55%), the role of the federal government (53%), and the Affordable Care Act (49%).Among women under 50 – the group most directly affected by the Court’s decision overturning Roe v. Wade – about seven in 10 (72%) say that they trust the court “not too much” or “not at all” to make decisions about reproductive and sexual health. This finding includes most (56%) Republican women under 50, as well as larger majorities of Democratic (81%) and independent (75%) women in that age group.The poll also gauges the public’s knowledge and views about mifepristone, one of the drugs used for medication abortion that is at the center of an ongoing court battle that could affect future availability. The Supreme Court last month blocked a lower court’s order that would have stopped the drug’s distribution and availability nationally. As the case proceeds, the Food and Drug Administration’s current rules remain in effect, and mifepristone remains available for abortion where abortion is legal.

Nearly two-thirds (65%) of the public say they have at least some confidence in the FDA’s efforts to ensure that medications are safe and effective. Six in 10 (60%) also say it would be inappropriate for a court to overturn the FDA’s approval of a medication, including most Democrats (73%) and independents (57%). Republicans are divided, with half (50%) saying it would be appropriate and half (49%) saying it would be inappropriate. 

In States that Have Banned or Limited Abortion, Many Are Confused About Whether It Is Legal There

Awareness of mifepristone has doubled this year, with nearly two-thirds (64%) of the public saying they’ve heard of the drug now compared to 31% in January. At the same time, there remains widespread confusion and uncertainty about whether the use of mifepristone for abortion is legal in states that have banned or severely limited the procedure.In the 14 states with bans on all abortions, a third (33%) of residents know medication abortion is illegal there. About one in eight residents (13%) incorrectly believe medication abortion is legal there and more than half are unsure of the legality of abortion in their state. In 11 other states where abortion is legal but restricted, a quarter (25%) of residents know that medication abortion remains legal there, while 15% mistakenly believe it is illegal and six in 10 are unsure. There are similar levels of confusion among women under 50.The poll finds that two-thirds (66%) of the public – including almost half of Republicans (47%) – say they are concerned that abortion bans make it hard for doctors to treat major complications during pregnancies. The survey also finds that some women are changing their approach to contraception to reduce their likelihood of getting pregnant due to concerns about being unable to access an abortion.Specifically, more than half (55%) of women under age 50 say that they or someone they know has taken at least one of six precautions, including using long-acting birth control like an IUD or an implant (32%), buying emergency contraception (28%), getting a new prescription for oral contraception (28%), delaying getting pregnant (22%), getting a vasectomy or tubal ligation (20%), or stocking up on oral contraceptives (17%).METHODOLOGYDesigned and analyzed by public opinion researchers at KFF, the survey was conducted from May 9-19, 2023, online and by telephone among a nationally representative sample of 1,674 U.S. adults, including 799 women ages 18 to 49. 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 4 percentage points for women 18-49. For results based on other subgroups, the margin of sampling error may be higher.

Poll Finding

KFF Health Tracking Poll May 2023: Health Care in the 2024 Election and in the Courts

Authors: Audrey Kearney, Grace Sparks, Ashley Kirzinger, Marley Presiado, and Mollyann Brodie
Published: May 26, 2023

Medication Abortion

Key Findings

  • While the first 2024 presidential primary is nine months away, several Republican hopefuls and President Biden have begun their messaging to voters, including staking out positions on controversial health issues like abortion. Looking ahead to 2024, three in ten voters say they will only vote for a candidate who shares their views on abortion. This includes nearly half of Democratic voters (46%) and more than one-third of women voters (35%). Another half of voters (53%) say abortion is just one of many important factors they will be weighing in their decisions during the 2024 election and 16% say abortion is not an important factor in their vote.
  • Six months after abortion access was one of the major issues in the 2022 midterm elections, Democrats have a strong edge over Republicans on which political party the public believes best represents their views on abortion, with four in ten (42%) saying the Democratic Party best represents their own views on abortion, compared to about one fourth (26%) who say the Republican Party best represents their own views on abortion. The Democratic Party also has the advantage among women ages 18 to 49. About half (45%) of women ages 18 to 49 say their views on abortion are best represented by the Democratic Party, nearly twice the share (24%) who say their views align most with the Republican Party. A substantial share (32%) of the public says “neither party” represents their views on abortion, including three in ten women ages 18 to 49.
  • It’s been nearly a year since the Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization and with many states passing laws either restricting or protecting abortion access, the KFF Health Tracking Poll finds large majorities of the public are now aware that Roe v. Wade has been overturned, though many Hispanic and Black women under age 50 remain unsure of the status of Roe (43% and 32%, respectively).
  • Awareness of mifepristone, the abortion pill that has been the focus of several ongoing lawsuits, has doubled since January 2023, with about two-thirds of adults now saying they have heard of the drug compared to about three in ten in January. The share of women ages 18 to 49 who have heard of mifepristone has increased 15 percentage points to 61%, up from 46% in January.
  • As the legal landscape surrounding abortion and mifepristone continues to change, there is widespread confusion about whether the use of mifepristone for abortion is legal. About half (45%) of the public say they are “unsure” whether medication abortion is available in their state, and more than half of women ages 18 to 49 living in states with a full abortion ban either incorrectly believe they can access medication abortion (15%) or say they are unsure (46%).
  • Most adults in the U.S. are aware medication abortion pills are safe but views towards the medication are largely partisan, and some confusion remains. Nearly three-fourths of Democrats say medication abortion is safe (72%), as do six in ten (58%) of independents. Less than half of Republicans agree (40%). Republicans are also twice as likely as Democrats to say they are “not sure” about the safety of mifepristone (22% v. 45%). When it comes to abortion procedures, majorities across partisans are aware they are safe, and fewer are unsure about their safety.
  • With the recent court case challenging the U.S. Food and Drug Administration’s approval of mifepristone, the latest KFF Health Tracking Poll finds confidence is relatively high for the government agency, with around two-thirds of adults expressing “a lot” or “some” confidence in the FDA to ensure that medications sold in the U.S. are safe and effective (65%). The public doesn’t have as much confidence in the U.S. Supreme Court, especially when it comes to making the right decisions on cases regarding reproductive and sexual health. A majority of the public, including about seven in ten women (69%) say they trust the Court either “not too much” or “not at all” to make the right decision on this issue. This includes majorities of women across age groups and race and ethnicity, as well as majorities of Democrats and independents. Nearly six in ten (56%) Republicans, on the other hand, say they trust the Court to make decisions about reproductive and sexual health.

The Role Abortion May Play In The 2024 Election

With abortion playing an important role in voters’ decisions to turn out and who to vote for during the 2022 election, the KFF Health Tracking Poll examines how abortion may motivate voters in the upcoming 2024 election, the first presidential election since the overturning of Roe v. Wade. Three in ten voters say they will only vote for a candidate who shares their view on abortion and about half (53%) of voters saying a candidate’s stance on abortion will be just one of many factors they will be weighing. A smaller share (16%) say abortion will not be an important factor in their voting decision.

Similar to the 2022 midterms, the issue of abortion access is most salient for women voters and Democratic voters. About one-third (35%) of women and nearly half of Democratic voters (46%) say they will only vote for a candidate that shares their view on abortion, more than twice the share of Republican voters (20%) who say the same.

More than a third of women voters 18 to 49 (36%), say they will only vote for a candidate who shares their views on abortion. Partisan voters within this age group are similar to partisan voters overall, with half (48%) of Democratic women voters ages 18 to 49 saying they would only vote for a candidate who shares their views on abortion, compared to three in ten independent women and about one-fourth (23%) of Republican women voters in this age group. However, few women voters in this age group across party say it is abortion is not an important issue to their vote (8% of Democrats,13% of independents, 13% of Republicans).

Voters living in states where abortion is fully banned (29%) or legal, but with gestational limits (28%) are no more likely to say they will only vote for a candidate who shares their opinion than voters in states where abortion is legal (32%). Similar shares of voters who say abortion should be legal in all or most cases (31%) and those who say it should be illegal in all or most cases (28%) will only vote for a candidate that shares their views.

Three In Ten Voters Would Only Vote For A Candidate That Supports Their View On Abortion, Including About Half Of Democrats

For the public overall, the Democratic Party holds a strong edge over the Republican Party on the issue of abortion. About four in ten (42%) say the Democratic Party best represents their own views on abortion, compared to about one fourth (26%) who say the Republican Party best represents their own views on abortion. A substantial share (32%) of the public says “neither party” represents their views on abortion.

While most partisans select their own party as the one that best represents their views on abortion, about one in five Republicans say “neither party” best represents their views (21%), and an additional 6% say the Democratic Party best represents their views on abortion. Half of independents say neither party represents their views on abortion, while four in ten (36%) say they are best represented by the Democratic Party, and 13% say their views on abortion best align with the Republican Party. Nine in ten Democrats say their views on abortion are best represented by the Democratic Party.

One-Third Of U.S. Adults Say Neither Party Represents Their Views On Abortion, Including Half Of Independents, One In Five Republicans

Women ages 18 to 49, the group most directly impacted by the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, are nearly twice as likely to say their views on abortion are best represented by the Democratic Party compared to the Republican Party. About half (45%) of women ages 18 to 49 say they are best represented by the Democratic Party, while one-fourth (24%) say they feel their views align most with the Republican Party. About three in ten (31%) say “neither party” best represents their views. The Democratic Party also holds an advantage on abortion among Black, Hispanic, and White women ages 18 to 49. The Democratic Party also holds a similar advantage among women ages 18 to 49 in states where abortion is currently banned and in states where it is legal. Partisan women in this age group look similar to partisans overall, as about three-fourths of Republican women ages 18 to 49 say their views best align with the Republican party, 17% say neither party represents their views, and few (6%) say the Democratic Party represents them.

One Year Since The Dobbs Decision

Nearly one year after the U.S. Supreme Court overturned Roe, about seven in ten (71%) U.S. adults are aware of the decision and only a small share (5%) incorrectly say Roe is still the law of the land. Still, about one in four (24%) U.S. adults say they are “not sure” whether the 1973 ruling that established a woman’s constitutional right to an abortion is still the law of the land, including a substantial share of women ages 18-49, the group most directly affected by the ruling.

Nearly seven in ten women ages 18 to 49 (68%) are aware Roe has been overturned, while one-fourth say they are not sure, and 7% incorrectly say Roe is still in effect, relatively unchanged from June 2022. Within this group, Black and Hispanic women are less likely to be aware that Roe has been overturned than White women. Four in ten (43%) Hispanic women, ages 18 to 49, and about one-third (32%) of Black women, ages 18-49, say they are “not sure” about the status of Roe, compared to about one in seven (16%) White women. About a third of women ages 18 to 49 without a college degree are also unsure of the status of Roe in the U.S.

Seven In Ten Adults Are Aware Roe Was Overturned, Differences In Awareness Emerge By Race And Ethnicity Among Young Women

The survey findings indicate some women ages 18 to 49 are changing their approach to contraception and reproductive health following the Dobbs decision. More than half (55%) of women ages 18 to 49 say they or someone they know has taken at least one of several steps aimed at reducing the likelihood of getting pregnant due to concerns about not being able to access an abortion. This includes roughly three in ten women in this age group who say they or someone they know has started using long-acting birth control such as an IUD or implant (32%), gotten a new prescription for an oral contraceptive (28%), or bought Plan B or emergency contraception in case it was needed in the future (28%).

More Than Half Of Women Ages 18 To 49 Say They Or Someone They Know Has Made A Decision Due To Worries About Accessing Abortion

State Abortion Laws

Over the past year, the U.S. has seen various state-level actions on abortion access with many states making abortion illegal, some states solidifying access to abortions, and in some states legal challenges to abortion bans are still being considered in in the state courts. Three in four U.S. adults say they understand the abortion laws in their own state either “very well” (30%) or “somewhat well” (45%), while one in four feel they understand them “not too well” (20%) or “not at all well” (5%).

With many states passing bans on abortion, nearly three-fourths (73%) of adults say these bans make it more difficult for doctors to safely take care of pregnant people who experience major complications. In addition, two-thirds of the public are either “very concerned” (42%) or “somewhat concerned” (23%) that bans on abortion may lead to unnecessary health problems. This includes eight in ten (82%) Democrats and seven in ten independents and about half (47%) of Republicans who are concerned these bans could lead to unnecessary health problems. Four in ten Republicans say bans on abortion do not make it more difficult for doctors to treat pregnant patients.

Two-Thirds Of Adults Are Concerned Bans On Abortion Would Make It Difficult For Doctors To Safely Treat Patients, Leading To Complications

Medication Abortion In The Courts

The availability of mifepristone, used for medication abortion, has been the subject of several court cases following the Supreme Court’s Dobbs ruling which overturned Roe v. Wade and eliminated the federal standard regarding abortion access. On April 21st, the US Supreme Court blocked a lower court order that would have stopped the distribution and availability of the medication abortion drug, mifepristone, across the country. The high court’s ruling allows the current FDA rules to remain in effect, keeping mifepristone available for medication abortion where and when abortion is legal as the case proceeds through the courts.

Awareness Of Medication Abortion On The Rise, But Some View It As Unsafe

Awareness of the abortion pill has doubled since January 2023, with about two-thirds (64%) of adults now saying they have heard of the drug compared to about three in ten (31%) in January. The share of women ages 18 to 49 who have heard of mifepristone has increased 15 percentage points to 61%, up from 46% in January.

A Majority Of Adults Now Have Heard Of Mifepristone, Compared To Just Three In Ten In Recent Months

Public confused aBOUT legality AND SAFETY Of medication abortion

There continues to be widespread confusion on whether medication abortion is legal in certain states with about half (45%) of all adults say they are “unsure” whether medication abortion is available in their state.

The Current Landscape of Abortions in the U.S.

In fourteen states—with North Dakota being the most recent addition to the list on April 24th—abortions are banned. This includes abortion procedures and medication abortions,. While the state bans and restrictions include life or health exceptions, the vagueness of the language describing them can effectively restrict the ability of clinicians to exercise their own medical judgement based on their expertise and accepted standards of care. Few state abortion bans contain exceptions for pregnancies resulting from rape or incest. The stated aims of the exceptions to provide life-saving and health preserving abortion care may not be achieved in practice.

In eleven states, abortions—both procedures and medication—are legal, but with gestational limits from six weeks (GA), to between twelve and 22 weeks (AZ, UT, NE, KS, IA, IN, OH, NC, SC, FL).

In the remaining 25 states and D.C., abortions are legal and accessible beyond 22 weeks, and in some cases protected by the state constitution.

Those who live in states where abortion is legal and available are much more likely to be aware of the legality of medication abortion in their state, while a larger share of those in states where abortion is limited or banned say they are “unsure.”

In the 25 states and D.C. where abortion is legal beyond 22 weeks gestation six in ten correctly say medication abortion is legal in their state, while four in ten either incorrectly say medication abortion is illegal (6%) or say they are “not sure” (34%). In the 14 states where all abortion methods, including medication abortion is banned, one-third are aware of this while 13% incorrectly believe the medication is legal, and more than half (54%) say they are unsure. In states where abortion is banned beyond a certain number of weeks of gestation, medication abortion is a legal option for early intervention. Six in ten of adults living in these states are “not sure” about the status of medication abortion, 15% incorrectly say it is illegal, and one-fourth are aware it is legal in their state.

Similarly, there is confusion among women of reproductive age over what is available to them. Nearly half (46%) of women ages 18 to 49 living in states where abortion is banned are unsure about whether medication abortion is legal, and 15% incorrectly say it is legal. In states where abortion is legal up to a certain point, more than half (53%) of women ages 18 to 49 are unsure about the status of medication abortion, and an additional one-fifth (18%) incorrectly say it is illegal. Women in states where abortion is legal and available are more aware, with six in ten correctly saying medication abortion is legal in their state.

There Is Confusion Around The Legality Of Medication Abortion, Especially In States Where Abortion Is Banned Or Limited

Safety of Mifepristone

One of the overarching arguments in the case against the FDA’s approval of mifepristone is its safety. Lawyers for the plaintiffs argue that the case is about “ending a particularly dangerous type of abortion,” reports The Washington Post. However, 20 years of mifepristone’s availability has shown when taken as directed by a doctor, patients have lesser risk of death compared with taking other common drugs such as Penicillin, Viagra and Tylenol.

Most U.S. adults (55%) say medication abortion pills are “very safe” (30%) or “somewhat safe” (25%) for the person taking them when taken as directed by a doctor, but a substantial share (35%) say they are “not sure” about the pills’ safety. Few adults believe the pills to be either “very unsafe” (3%) or “somewhat unsafe” (6%).

Similar to most questions about abortion, perceptions of safety divide by partisanship. Nearly three-fourths of Democrats say medication abortion pills are safe (72%), as do six in ten (58%) independents. Less than half of Republicans agree (40%). Republicans are also twice as likely as Democrats to say they are “not sure” about the safety of mifepristone (22% v. 45%). Views on the safety of medication abortion also slightly differ by gender with larger shares of women than men saying medication abortion is safe, but at least three in ten men and women are unsure about the safety of the medication.

About One-Third Of The Public Is Unsure About The Safety Of Medication Abortion, Including Nearly Half Of Republicans

In addition, very few U.S. adults are correctly aware that mifepristone is safer, when taken as directed, than Viagra (16%), Penicillin (8%) and Tylenol (7%). About four in ten say they are not sure about how the safety of these medications compare to mifepristone (Viagra: 44%, Penicillin: 41%, Tylenol: 40%).

Few Adults Are Aware That Mifepristone Is Safer Than Viagra, Penicillin, And Tylenol When Taken As Directed

While many are uncertain about the safety of medication abortion, larger majorities (74%) are aware abortion procedures are “very” (44%) or “somewhat safe” (30%), with few saying they are “somewhat” (8%) or “very unsafe” (4%). An additional 14% say they are unsure about the safety of abortion procedures. Majorities across partisans and gender say that abortion procedures are at least somewhat safe, though women and Democrats are more likely to say this compared to men and Republicans.

About Three-Fourths Of Adults Say That An Abortion Procedure Is Safe When Performed In A Medical Setting

Mifepristone For Miscarriage Treatment

Besides the use for medication abortions, mifepristone as well as misoprostol (the other drug used for medication abortion) can also be used to treat miscarriages and to induce labor. While abortion bans do not explicitly ban the use of mifepristone or misoprostol for miscarriage management, the exceptions to abortion bans are limited and vague. In states with abortion bans or restrictions, many clinicians have delayed providing miscarriage management until the pregnant person’s health worsens. A large majority of adults are not aware that mifepristone can be used to treat a miscarriage, though women (22%) and Democrats (27%) are most likely to be aware that it can be used for this purpose.

Three-Fourths Of The Public Unaware That Mifepristone Can Be Used To Manage A Miscarriage, Including Seven In Ten Women

Views Of The Supreme Court And The FDA

On the heels of these key legal battles, the latest KFF Health Tracking Poll finds most U.S. adults disapprove of the Supreme Court of the United States (SCOTUS) and a strong majority say they don’t trust the Court to make decisions about reproductive and sexual health.

Six in ten adults (58%) say they disapprove of the way SCOTUS is handling its job including majorities of adults across age groups, race and ethnic groups, and gender. Views of the Court are largely partisan with three in four Democrats (78%) and six in ten independents (61%) disapproving of the way the Court is handling its job, while two in three Republicans (66%) approve. One year after the Dobbs decision, two-thirds of women ages 18 to 49 (65%) say they disapprove of the way the Supreme Court is handling its job.

Majority Disapprove Of The Way Supreme Court Is Handling Its Job, But Views Are Largely Divided Among Party Lines

About half of the public say they trust the Supreme Court to make the right decision about cases related to science and technology (55%), cases related to the role of the federal government (53%), and cases related to the future of the Affordable Care Act (ACA) (49%). Yet less than four in ten (37%) say they trust the Court to make the right decisions about cases related to reproductive and sexual health including about three in ten (28%) women ages 18 to 49.

Majorities Say They Trust Supreme Court On Cases Related To Key Issues, Reproductive Health Is The Notable Exception

Large majorities of Republicans say they trust SCOTUS “a lot” or “somewhat” to make the right decisions about cases related to each of the issues asked about while fewer than half of Democrats agree. At least six in ten Republicans say they trust the Court on issues related to science and technology (74%), the role of the federal government (66%), and the future of the ACA (65%). More than half of Republicans (56%) say they trust the Court to make decisions about reproductive and sexual health. Among Democrats, about four in ten say they trust SCOTUS at least somewhat on the role of the federal government (45%), science and technology (44%), and the future of the ACA (37%). A large majority of Democrats (79%) say they do not trust the Court to make the right decisions on cases related to reproductive and sexual health. Independents’ trust of the Supreme Court varies with about half of them saying they trust the Court at least “somewhat” on issues related to science and technology (50%), role of federal government (51%), and the future of the ACA (48%), but fewer (34%) say they trust the Court to make the right decision when it comes to reproductive and sexual health.

Most Republicans Trust The Supreme Court To Make Right Decisions About Key Issues, Democrats And Independents Do Not Trust The Court On Reproductive Health

Nearly one year since the Dobbs decision, most women say they don’t trust the Supreme Court to make the right decision when it comes to cases related to reproductive and sexual health. About seven in ten women (69%) say they trust the Court either “not too much” or “not at all” to make the right decision on this issue, while three in ten say they trust the Court either “somewhat” or “a lot.” This includes at least half of Hispanic women (55%), and two-thirds of Black (64%) and White (64%) women  who say they do not trust the Court on these issues.

Nearly three-fourths (72%) of women ages 18-49, the group most directly impacted by the Dobbs decision, say they do not trust the Court to make the right decision on cases related to reproductive and sexual health. This includes a majority of women in this age group (ages 18 to 49) across party lines, including 56% of Republican women ages 18 to 49, and at least three-fourths of independent (75%) and Democratic (81%) women of reproductive age.

Most Women Do Not Trust The Supreme Court To Make The Right Decisions On Cases Related To Reproductive Health

The U.S. Food And Drug Administration

In light of the legal debate around the U.S. Food and Drug Administration’s (FDA) approval of mifepristone, the latest KFF Health Tracking Poll finds six in ten adults say it is “inappropriate” for a court to overturn the FDA’s approval of a medication, while four in ten (39%) say they think it is “appropriate.” Three-fourths of Democrats (73%) say they think the court overturning the FDA’s approval of a medication is “inappropriate,” as do nearly six in ten (57%) independents. Republicans are divided with similar shares saying the court overturning the FDA’s approval of a medication is “appropriate” (50%) and “inappropriate” (49%).

Six In Ten Say It Is Inappropriate For A Court To Overturn FDA Medication Approval

Overall confidence in the FDA is relatively high, with around two-thirds of adults having “a lot” or “some” confidence in the FDA to ensure that medications sold in the U.S. are safe and effective (65%), including a quarter (23%) who say they have “a lot” of confidence. About one-third (35%) of adults say they either have “a little confidence” (21%) or “no confidence at all” (14%) in the FDA to ensure medications sold in the U.S. are safe and effective.

Majorities across demographic groups, including partisanship and age, report having confidence in the FDA to ensure the safety of medications. However, larger shares of adults 65 and older (31%) and Democrats (34%) report having “a lot of confidence” in the FDA’s certification of medications, with fewer of those ages 18 to 29 (15%) and Republicans (15%) who say the same.

Majorities Across Parties Are Confident In The FDA To Ensure Medications Are Safe And Effective

Prep And Preventive Care

These findings were released on May 31, 2023.

Key Findings

  • The 2010 Affordable Care Act (ACA) experienced its most recent legal challenge earlier this year in the ongoing Braidwood Management v. Becerra case. While the case challenges all ACA requirements for private health insurance to cover preventive services, the federal district court ruled that the ACA’s requirement for no cost coverage of preventive services recommended or updated by the U.S. Preventive Services Task Force (USPSTF) after March 2010 is unconstitutional and on a separate basis, the requirement to cover  PrEP medications for HIV prevention violated the plaintiffs’ religious rights. The latest KFF Health Tracking Poll finds the public largely unaware of the ongoing case, but after hearing about the case – substantial shares say it could lead to increased cost for preventive care for them and their families and a large majority say that if PrEP is no longer required to be covered by insurance, it will be more difficult to reduce HIV infections.
  • Views of the ACA remain partisan with large shares of Democrats and independents holding positive views of the law while many Republicans view the law unfavorably. Yet, a majority of all partisans including most Democrats (92%), independents (87%), and Republicans (72%) say they have a favorable view of the part of the law that eliminates out-of-pocket costs for many preventive services. While many haven’t heard much about the ongoing lawsuit, about one-third of adults think they will have to pay more as a result of it. About half of adults say they aren’t sure if they will have to pay more for their health care because of this ruling.
  • Eight in ten adults (82%) say that if PrEP is no longer required to be covered by insurance, it will make it more difficult to reduce the number of new HIV infections in the U.S., while 18% say it won’t have an impact on infections. The share who say PrEP no longer being covered will make it more difficult to reduce new HIV infections includes a majority across groups, including partisanship, those who are lesbian, gay, bisexual, or transgender, and whether they either know someone who has or personally has HIV. In addition, almost two-thirds of adults (63%) are not sure if people in the U.S. who need medication to prevent getting HIV are able to get it.
  • While few adults overall are aware of PrEP, many still view HIV/AIDS as a serious issue. KFF has been conducting polling on the HIV/AIDS epidemic in this country for nearly three decades, and the latest poll finds that still three-quarters of adults (76%) say that HIV/AIDS is a serious issue for the U.S. today, with three in ten (29%) who say it is “very serious” and almost half (47%) who say it is “somewhat serious.” This includes large shares of Black adults, Hispanic adults, and Democrats who say HIV/AIDS is a “very serious” problem in the U.S. today.

A U.S. district judge recently ruled the Affordable Care Act’s requirement for private insurers to cover the full cost of certain preventive services recommend by the U.S. Preventive Services Task Force (USPSTF) is unconstitutional and should not be in effect. The ruling does not apply to services that were recommended by USPSTF prior to when the ACA was signed into law in March 2010, Women’s Preventive Services recommended by Health Resources and Services Administration (HRSA), or vaccines recommended by the CDC’s Advisory Committee on Immunization Practices (ACIP). On May 15th, 2023, the 5th Circuit Court of Appeals issued a stay of the ruling which means that as of now, the entire preventive services requirement is still in effect. This survey was fielded while this legal debate was taking place and asked respondents about awareness and implications of the first ruling from the district court.

A KFF analysis of claims data found that in a typical year about 6 in 10 people with private insurance, or about 100 million people, receive at least one preventive service or medication under the Affordable Care Act. As the district court ruling applies to a narrower subset of these preventive services, about 1 in 20 people with private insurance, or about 10 million people, receive at least one of the preventive services or medications potentially affected by the district court’s remedy in the Braidwood case.

While this case could have implications for some, few have heard much about the ruling, with a quarter of adults who say they’ve heard “a lot” or “some” about this ruling. Almost four in ten (37%) say they have heard “not too much,” and a similar share (38%) have heard “nothing at all.”

With few knowing about this ongoing case, about half of U.S. adults (49%) are “not sure” if they personally will have to pay more for health care because of the ruling. Around a third (32%) think they will have to pay more because of the ruling, and one in five (19%) do not think the ruling will mean they have to pay more for health care.

Larger shares of women (53%), a group more likely to need access to preventive services, say they aren’t sure if they’ll have to pay more for their health care because of the ruling than men (45%). Similarly, 55% of young adults, ages 18-29, aren’t sure if they’ll need to pay more.

Half Of Adults Are Not Sure If They'll Have To Pay More For Health Care Due To Recent ACA Preventive Services Ruling

This case is the latest legal battle over the 2010 health reform law known as the Affordable Care Act (ACA) or Obamacare. Overall, around six in ten (59%) adults have a favorable opinion of the ACA, including large majorities of Democrats (89%) and independents (62%). Republicans continue to view the law unfavorably, with 42% saying they have a “very unfavorable” opinion of the ACA. Click here to see more than ten years of polling on the ACA.

The ACA’s requirement for no cost coverage of preventive services has long been one of the most popular aspects of the law. The latest KFF Health Tracking Poll finds eight in ten (82%) adults have a favorable opinion of the part of the ACA that made many preventive services free to people with health insurance, including half (52%) who have a “very favorable” view. The share who view this part of the law favorably is substantially higher than the share who hold favorable views generally about the ACA in general.

More than twice as many Democrats as Republicans say they feel “very favorable” towards this part of the law (75% Democrats vs. 29% Republicans), though a majority of Republicans (72%) have at least a “somewhat favorable” opinion of the no cost preventive service coverage from the ACA.

Large Majorities Across Partisanship Have A Favorable Opinion Of No Cost Preventive Services, As Part Of The ACA

HIV Prevention and Access to PrEP

Another aspect of the ongoing Braidwood Management v. Becerra case focuses on PrEP, a medication to prevent people from getting HIV. PrEP was among the medications covered by the preventive services provision of the ACA, requiring private insurance companies to cover it with no cost-sharing, but the district court judge also ruled that the federal government cannot require the plaintiffs who have religious objections, to offer insurance with coverage for PrEP.

Very few adults have heard about PrEP, the medication to protect people from getting HIV, with half of adults saying they have heard “nothing at all” about the medication, and 15% saying they have heard “a lot” or “some” about it. Awareness of PrEP increases to 25% among adults ages 18-29, 21% among Black adults, 32% among those who have HIV or know someone who does, and 42% of LGBT adults.

Once made aware of the medication, eight in ten adults (82%) say that if PrEP is no longer required to be covered by insurance, it will make it more difficult to reduce the number of new HIV infections in the U.S., while 18% say it won’t have an impact on infections.

Majorities across demographic groups say that if PrEP is no longer required to be covered by insurance, it will make it more difficult to reduce the number of new HIV infections. This includes nine in ten people who have HIV or know someone who does (93%), Democrats (91%), and LGBT adults (87%). At least three in four Republicans (73%), those who don’t know anyone with HIV (80%), or non-LGBT adults (81%) agree that this ruling will make it more difficult to reduce the number of new HIV infections in the U.S.

Similar shares across racial and ethnic groups say that if PrEP is no longer required to be covered, it will make it more difficult to reduce the number of new HIV infections.

A Majority Of U.S. Adults Say It Will Be More Difficult To Reduce New HIV Infections If Cost Of PrEP Is Not Covered

Overall Awareness of PrEP and Views of HIV Epidemic

While few adults overall are aware of PrEP, many still view HIV/AIDS as a serious issue. Three-quarters of adults (76%) say that HIV/AIDS is a serious issue for the U.S. today, with three in ten (29%) who say it is “very serious” and almost half (47%) who say it is “somewhat serious.” Fewer say that HIV/AIDS is a “very serious” issue (29%) in the U.S. today than said the same in March 2019 (34%).

Larger shares of Black adults (51%) say HIV/AIDS is a “very serious” problem in the U.S. today, as do Hispanic adults (39%), and Democrats (31%). This also includes 39% of adults who say they either have HIV/AIDS or know someone who does and 47% of LGBT adults.

Conversely, smaller shares of White adults (23%) and Republicans (22%) say HIV/AIDS is a “very serious” problem today, although still large majorities think it is at least somewhat serious.

Most View HIV/AIDS As A Serious Problem In The U.S. Today, Including Larger Shares Of Democrats, Black Adults

Those who see HIV/AIDS as a “very serious” problem are also more likely to say they are worried about getting HIV. At least a third of Black adults (34%) and Hispanic adults (37%) say they are at least somewhat concerned about getting HIV, as do a quarter (24%) of LGBT adults. Overall, most adults are not worried about getting HIV, with around one in six who say they’re “very” or “somewhat” concerned.

ACCESS To HIV Medications

Almost two-thirds of adults (63%) are not sure if people in the U.S. who need medication to prevent getting HIV are able to get it. Around a quarter (27%) say the people who need HIV medication can get it, while one in ten say people are not able to get the medication they need.

Majorities across demographic groups say they’re not sure if those who need HIV medication in the U.S. are able to get it, including 67% of independents, 61% of Democrats, and 60% of Republicans.

Around half of LGBT adults (53%) and those who either have HIV or know someone who does (49%) are unsure of whether people with HIV can get medication, with 22% of LGBT adults and 37% of those who have HIV or know someone who does reporting that people with HIV are able to get medication for it.

Majorities across racial and ethnic groups aren’t sure whether people are able to get medication to prevent getting HIV, with 65% of White adults who say so, 63% of Black adults, and 60% of Hispanic adults.

Two-Thirds Are Unsure If Those Who Need Medication To Prevent HIV Are Able To Get It Or Not

Methodology

This KFF Health Tracking Poll was designed and analyzed by public opinion researchers at KFF. The survey was conducted May 9-19, 2023, online and by telephone among a nationally representative sample of 1,674 U.S. adults in English (1,594) and in Spanish (80) including 799 women aged 18-49. The sample includes 1,393 adults reached through the SSRS Opinion Panel either online or over the phone (n=45 in Spanish). 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. 1,360 panel members completed the survey online and panel members who do not use the internet were reached by phone (33).

Another 281 (n=35 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).

The online questionnaire included two questions designed to establish that respondents were paying attention. Cases that failed both attention check questions, those with over 30% item non-response, and cases with a length less than one quarter of the mean length by mode were flagged and reviewed. Cases were removed from the data if they failed two or more of these quality checks. Based on this criterion, 3 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 2021 Current Population Survey (CPS). The sample of female respondents 18-49 years old was weighted separately from other respondents to ensure representativeness of this group. Weighting parameters included sex, age, education, race/ethnicity, region, and education. The sample was weighted to match patterns of civic engagement from the September 2017 Volunteering and Civic Life Supplement data from the CPS and to match frequency of internet use from the National Public Opinion Reference Survey (NPORS) for Pew Research Center.  Finally, the sample was weighted to match patterns of political party identification based on a parameter derived from recent ABS polls conducted by SSRS polls. The weights take into account 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.

The margin of sampling error including the design effect for the full sample is plus or minus 3 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.
Total1,674± 3 percentage points
Women ages 18-49799± 4 percentage points
Race/Ethnicity
White, non-Hispanic896± 4 percentage points
Black, non-Hispanic287± 9 percentage points
Hispanic351± 8 percentage points
News Release

Amid a Mental Health Crisis in the U.S., A New KFF Report Examines the Steps that State Medicaid Programs Are Taking to Help Shore Up the Availability of Crisis Services

Published: May 25, 2023

As the U.S. tries to address rising rates of mental health issues, the impact of the new 988 national crisis hotline and other innovations will be limited if states don’t have the underlying crisis services available when people are directed to them.

The core crisis services include crisis hotlines that connect individuals to trained counselors, mobile crisis units that provide in-person crisis support services, and crisis stabilization units that provide short-term observation and crisis stabilization in a non-hospital environment. 

A new KFF survey finds that state Medicaid programs, as the single largest payer of behavioral health services in the country, are taking steps to help implement and fund crisis services, though gaps remain. The Medicaid population may be particularly affected by the availability and quality of such services, as 39 percent of enrollees have mild, moderate, or severe mental health or substance use disorder conditions.

State Medicaid programs also have access to new federal dollars to support, staff and expand crisis services, through the American Rescue Plan Act’s (ARPA) mobile crisis intervention services option that started April 2022, and the option is available for five years.

Among the key findings of KFF’s Behavioral Health Survey of state Medicaid programs: 

•    About three-quarters of responding states (33 of 45) do not cover all three core crisis services for adults under fee-for-service Medicaid, but most states cover at least one core crisis service (41 of 45).

•    Over half of responding states (28 of 44) report that they have taken up or plan to implement the American Rescue Plan Act (ARPA) mobile crisis intervention services option.

•    Almost all responding states (38 of 44) reported experiencing or expecting at least one obstacle to implementing crisis services, particularly workforce shortages and geography-based challenges.

A second KFF analysis uses the survey findings to explore state Medicaid programs’ delivery, administration, and integration of behavioral health care. Medicaid covers a disproportionate share of adults with mental illness and/or substance use disorder (22% vs. 18% of all non-elderly adults).

As states continue to expand behavioral health services coverage to close access gaps and address the COVID-19 pandemic’s impact on mental health and substance use disorders, they may face continued upward budget pressures in behavioral health services spending due to increased utilization. States and analysts may further study the complex Medicaid behavioral health delivery system, examining access and outcomes associated with various delivery and financing mechanisms.

Moreover, numerous existing and proposed federal initiatives aim to employ strategic policies to enhance the accessibility, quality, and availability of behavioral health care. For example, the Consolidated Appropriations Act (CAA) passed workforce requirements that aim to increase the accessibility and availability of behavioral health care, including requirements for Medicaid provider network directories and funding for new psychiatry residency positions. 

These two new analyses are the last in a series of six KFF issue briefs that report data from the Behavioral Health Supplement to our 2022 state Medicaid budget survey.

News Release

About 1 in 20 People with Private Insurance Received Services that Could be Affected by a District Court Ruling Limiting the ACA’s Preventive Services Mandate

Published: May 25, 2023

A new KFF analysis finds about 1 in 20 privately insured people (5.7%) received at least one ACA preventive service or drug that could be affected by a now-stayed U.S. District Court ruling in Braidwood Management v. Becerra, which found the Affordable Care Act’s (ACA) preventive services mandate partially unconstitutional. The district court also found that pre-exposure prophylaxis (PrEP), medication recommended for HIV prevention, violates the religious rights of those who have objections to its use.

On Monday, May 15, the 5th Circuit Court of Appeals issued an administrative stay on the district court’s Braidwood ruling while they consider an appeal in the case. Major private health insurers have announced that they do not plan to make changes – if any were to be made at all – until after a final decision has been made.

The analysis uses 2019 claims data to examine the number of people who received preventive services that could be affected by the District Court’s ruling. It estimates that 10 million people received services that would no longer have to be covered without any cost sharing if the ruling is allowed to stand. Statins, which are used to treat people at risk of cardiovascular disease, are the most commonly used preventive service potentially affected.

The Texas District Court ruling applies only to preventive services recommended by the US Preventive Services Task Force (USPSTF) after 2010, when the ACA was enacted. As a result, the ruling could affect more services and people over time – as new drugs and treatments are developed, recommended, and adopted. For example, this analysis – which relies on 2019 claims data to reflect utilization in a typical pre-pandemic year – does not consider the ruling’s impact on more recent preventive service recommendations, like PrEP for HIV.

Among treatments approved in and before 2010, the ruling would not affect the costs of other common preventive services, such as vaccines recommended by the Advisory Committee on Immunization Practices (ACIP), women’s preventive health services (e.g. contraception and prenatal care), or mammography and cervical cancer screenings.

The federal government can continue enforcing the USPSTF’s entire preventive services requirement while the 5th Circuit considers the Department of Justice’s motion for a stay pending appeal.

Behavioral Health Crisis Response: Findings from a Survey of State Medicaid Programs

Authors: Heather Saunders, Madeline Guth, and Nirmita Panchal
Published: May 25, 2023

Recent efforts to develop and improve behavioral health crisis response systems have been marked by several key federal initiatives. These include national guidelines for crisis care put forth by SAMHSA in 2020, an initiative for states to use Medicaid funding for mobile crisis services through the American Rescue Plan Act (ARPA) in 2021, and the 988 crisis line rollout in 2022. Most recently, the Consolidated Appropriations Act–passed in December 2022– included several provisions aimed at enhancing and evaluating the behavioral health crisis continuum. This surge in action has grown in light of longstanding and worsening behavioral health issues, tragic incidents involving law enforcement, and growing reports of psychiatric boarding in emergency departments (EDs).

Medicaid – the single largest payer of behavioral health services in the country – is particularly well positioned to partner with state behavioral health authorities and other stakeholders to plan, implement, and monitor the behavioral health crisis response systems.  Further, the Medicaid population may be particularly impacted by these changes, as 39% have mild, moderate, or severe mental health or substance use disorder conditions.

To better understand the development, implementation, and coverage of crisis services in state Medicaid programs, KFF conducted a Behavioral Health Survey of state Medicaid programs as a supplement to its 22nd annual budget survey of Medicaid officials conducted by KFF and Health Management Associates (HMA). We surveyed state Medicaid officials about the services that were in place in state fiscal year (FY) 2022 or implemented/planned for FY 2023, as well as challenges they face. Forty-four states (including the District of Columbia) responded to the survey, although response rates varied by question. This issue brief utilizes this survey data to answer three key questions:

  • What are the core behavioral health crisis services and how often are they covered by states?
  • Are states pursuing opportunities for enhanced federal funding for crisis services?
  • What challenges are confronting Medicaid programs in the implementation and delivery of crisis services?

Background

Crisis behavioral health services provide access to trained mental health professionals for individuals experiencing mental health or substance use emergencies–an alternative to emergency departments and law enforcement. Literature has shown that crisis services divert people away from psychiatric hospitalization and reduce the need for intervention within emergency departments or by law enforcement. It is estimated that law enforcement officers spend a sizable amount of their time responding to behavioral health calls, while ED visits for behavioral health reasons continue to rise; however, professionals in these settings are generally not equipped to treat mental health conditions or safely de-escalate crises. Without access to necessary evidence-based care, mental health crises can worsen or prolong.

National guidelines identify three core crisis services that should be accessible to anyone who is experiencing a behavioral health crisis: crisis hotlines, mobile crisis units, and crisis stabilization. While crisis residential and crisis respite services are a part of the crisis continuum and may also provide interventions to help to stabilize crisis, they are not considered core services. Although these crisis services do not necessarily have to be accessed in a specific order, Crisis Now illustrates how they may be accessed and used.  Core crisis services are described below in Table 1:

Behavioral Health Core Crisis Services

SAMHSA’s national guidelines report that integration of services across systems will reduce fragmentation and improve care transitions. Examples of technology and integration that may help include a system for assessing crisis levels, a crisis bed registry, GPS mobile crisis dispatch, and the ability for crisis staff to schedule appointments. Further, data dashboards may provide ongoing insights into service utilization and impact of crisis services.

Medicaid Coverage of Core Crisis Services

About three-quarters of responding states (33 of 45) do not cover all three core crisis services for FFS adults, but most states cover at least one core crisis service (41 of 45) (Figure 1). Medicaid programs are less likely to cover crisis services compared to other behavioral health service categories. Despite this generally lower coverage, the landscape of crisis response systems is evolving across states, driven in part by the opportunity for enhanced federal matching funds for qualified mobile crisis services (see next section of this brief). For example, Massachusetts is implementing a multi-year roadmap for behavioral health reform that includes a 24/7 help line, clinical assessment, and referral to treatment. The state of Montana is working toward aligning its crisis services with the Crisis Now Model. Crisis hotline services are available to anyone free of charge across all states, but some Medicaid programs help to finance crisis hotlines by reimbursing crisis hotline services, which might include 988 or other hotlines.

Fee-For-Service (FFS) Medicaid Coverage of Core Crisis Services, as of 7/1/2022

States report higher coverage rates for mobile crisis and crisis stabilization units but lower coverage for crisis hotlines under adult fee-for-service (FFS) Medicaid. However, it is unclear how widespread these services are within states and whether they align with best practice recommendations, such as trauma-informed care. (These findings do not account for variations in coverage provided by managed care organizations (MCOs) or Section 1115 waivers.)

  • Nearly three-quarters of responding states (33 of 45) reported mobile crisis coverage for adults in FFS programs. People experiencing a crisis may receive help from mobile crisis teams, which are usually dispatched from crisis hotlines, providers, emergency medical services, or law enforcement.
  • Nearly two-thirds of responding states (28 of 45) report adult FFS coverage of crisis stabilization units. Research suggests that care provided in crisis stabilization facilities may produce cost savings compared to emergency department or inpatient care.
  • Crisis hotlines are the least frequently covered core crisis service (22 of 45 responding states). Crisis hotline services are available to anyone free of charge across all states, but some Medicaid programs help to finance crisis hotlines by reimbursing crisis hotline services, which might include 988 or other hotlines. One reason why coverage for this crisis service is lower than others may be the difficulty in obtaining insurance information during emergency crisis calls. Some states are finding ways to address this issue, with the National Association of State Mental Health Program Directors (NASMHPD) reporting that some states are surveying callers about Medicaid coverage and utilizing an administrative federal match based on share of Medicaid-covered callers.

Most of the states that cover mobile crisis also report that they currently require or are planning to require peer supports on their teams. Peer supports are individuals with lived experience, and research and national guidelines support their involvement in mobile crisis teams. A total of 7 states required peer supports on mobile crisis teams as of FY2022, with 13 more states planning to require it in FY2023. Several states report that they encourage peer support, but do not make it mandatory. Other states have plans to include peer supports in subsequent years or on a subset of teams. Arizona, for example, plans to require peer support specialists on 25% of mobile teams in FY 2023.

State Medicaid Program Coverage of Crisis Services, as of 7/1/22

Options for Enhanced Federal Funding for Crisis Services

Over half of responding states (28 of 44) report that they have taken up or plan to implement the American Rescue Plan Act (ARPA) mobile crisis intervention services option (Figure 3). The option under ARPA is available to states for 5 years, beginning April 1, 2022. Medicaid programs that provide qualifying community-based mobile crisis services under this option will receive 85% enhanced federal matching funds for the first three years of implementation. This enhanced funding must supplement, not supplant, the previous level of state funding for qualifying mobile crisis services. While it is not necessary for mobile crisis services to be available across the state or to all populations to qualify for enhanced match, states must meet certain criteria, such as 24/7 service among participating providers. Among states that chose to pursue the ARPA option, 8 states reported implementation of qualifying mobile crisis services in FY 2022; 11 states reported plans to implement in FY 2023; and 9 in FY 2024 (Figure 3). Among states without plans to implement ARPA mobile crisis services or with an undetermined status, reasons for not pursuing this option included pre-existing non-ARPA crisis services and/or difficulty understanding and meeting the ARPA requirements for the enhanced match. Through funding provided by the ARPA, planning grants were awarded to 20 state Medicaid programs–to help them prepare for the implementation of qualifying mobile crisis services.

State Plans to Implement ARPA Mobile Crisis Intervention Services, FY 2022 to FY 2024

Less than one-quarter of states (8 of 43) are using or plan to access enhanced administrative match to support the technology needed to support implementation of crisis call centers or other crisis services. SAMHSA’s best practice guidelines advocate for an “air traffic control” model for crisis services that includes a system for assessing crisis levels, wait times, and linkage to additional services, as well as the ability for crisis staff to schedule appointments, a crisis bed registry, GPS mobile crisis dispatch, and performance monitoring dashboards. ARPA guidance explains that states can apply a 90% enhanced administrative match for the development of certain technology systems to help implement crisis services (and receive an ongoing 75% match for operations of these systems). Kentucky and Massachusetts are applying these funds toward crisis hotline integration or development, while New Jersey focuses on mobile response teams and vacancy tracking.

Challenges Confronting Medicaid Programs in the Implementation and Delivery of Crisis Services

State Medicaid programs often collaborate with multiple state agencies to design and implement crisis services. To gain a deeper understanding of the barriers associated with the implementation and delivery of these services, we asked state Medicaid programs about the challenges states have faced or anticipate facing. Additionally, we asked them to identify which of these areas posed the most significant obstacles.

Almost all responding states (38 of 44) reported experiencing or expecting at least one obstacle to implementing crisis services, particularly workforce shortages and geography-based challenges (Figure 4). Workforce shortages and geographic challenges are not unique to crisis services, as other areas of behavioral health report similar barriers. Other challenges include provider training needs and scope-of-practice limitations. When we asked states to identify their biggest challenge, they overwhelmingly pointed to the shortage of a qualified workforce as their most significant obstacle.

Implementation Challenges for Medicaid-Funded Behavioral Health Crisis Services
  • Workforce Shortages. Finding qualified mental health professionals willing to work in crisis services and provide around-the-clock care, especially overnight, is a significant challenge. This high-stress environment contributes to high turnover rates, complicating the fulfillment of some ARPA requirements, such as maintaining a 24/7 two-person team. To address these workforce shortages, several states, including Nevada, have implemented strategies like allocating start-up funds to help providers expand their crisis workforce.
  • Geographic Challenges. Increased travel times in rural areas can result in longer response times for individuals in need. Some states have considered telehealth as a solution, although limitations exist for those without smartphones, reliable services, or comfort using them. Predicting demand in rural areas is challenging due to less concentrated populations, complicating 24/7 multidisciplinary team staffing. Staff safety is also a concern in areas with poor cell phone or internet reception. Additionally, states with significant tribal populations face added challenges in planning and coordinating efforts across agencies, MCOs, and providers.
  • Provider training needs. New and existing crisis professionals typically need initial and ongoing training in crisis services and population-specific topics. States emphasize the importance of providing trauma-informed, developmentally, and culturally appropriate care, which may necessitate additional trainings. States recognize the importance of these trainings, but point out that because of workforce shortages, it is difficult to take the existing crisis workforce out of the field for trainings. States are also challenged by a shortage of available trainings. To address the scarcity of available trainings in its state, Massachusetts is funding a behavioral health training clearinghouse containing free trainings.
  • Scope-of-practice limitations. Some states report that the roles and responsibilities of non-licensed staff, such as certified peers, are not always defined by state licensing boards. The shortage of staff and the limited roles they can perform also affect crisis services delivery. For example, in one state, a significant proportion of the workforce is comprised of unlicensed qualified mental health professionals who cannot diagnose or provide assessments for crisis services.

In addition to the challenges specified above, several states provided information about additional challenges:

  • Funding. Some states are concerned about sustainability of financing for crisis services, particularly as the ARPA enhanced funding (85% federal match) for community-based mobile crisis services is effective only for the first three years of implementation. For example, Oregon recommends permanent implementation of the enhanced federal match for qualifying crisis services. At present, crisis service financing relies heavily on local and state funding and block grants—though some states have added telecommunication Medicaid is the primary and one of the only insurers reimbursing for these services—even though people with other types of coverage are also served by behavioral health crisis systems. For example, Vermont points out that crisis services should be available to all regardless of insurance and identified the lack of mobile crisis coverage from Medicare and commercial payers as a challenge.
  • “Connecting” crisis care and other challenges. States also reported concerns around developing interconnections between 988 and the state’s existing infrastructure for effective “dispatching”, as well as improving cultural awareness and sensitivity to communities.

Looking Ahead

Keeping pace with larger federal and state initiatives, many Medicaid programs are developing or strengthening behavioral health crisis services. 988’s launch and enhanced federal funding opportunities have sparked developments, but states are unsure what will happen when enhanced funding opportunities expire. In addition, workforce shortages, questions about linking and coordinating across systems, and other logistical issues continue to pose challenges both within Medicaid and crisis systems generally.

Recent federal initiatives aim to mitigate some of these challenges. The Consolidated Appropriations Act, passed in December 2022, includes several provisions aimed at enhancing and evaluating the behavioral health crisis continuum. The Act establishes the Behavioral Health Crisis Coordinating Office within SAMHSA, directing it to identify and publish best practices. Additionally, the Act tasks various agencies with producing reports that evaluate the performance measures and outcomes of the behavioral health crisis continuum. Federal investments in the development and implementation of the 988 number have helped Lifeline improve answer rates, even with increases in outreach volume.

Despite recent advances in crisis services, uncertainties persist, including questions of how to integrate services across the crisis continuum and how to secure long-term sustainable funding. According to SAMHSA, crisis systems will be most effective when they can coordinate with each other and connect with other health care areas. The financing of crisis response systems is still emerging, with Medicaid currently a main insurer reimbursing for crisis services. However, Medicaid’s coverage is, at present, less comprehensive for crisis services compared to other categories of behavioral health benefits, though states may continue to enhance this coverage in coming years. As crisis response systems continue to grow and expand, states are navigating a variety of concerns—including workforce shortages, training needs, geographic challenges, and uncertainty about sustainable funding.

If you or someone you know is considering suicide, contact the 988 Suicide & Crisis Lifeline at 988

This brief draws on work done under contract with Health Management Associates (HMA) consultants Angela Bergefurd, Gina Eckart, Kathleen Gifford, Roxanne Kennedy, Gina Lasky, and Lauren Niles.

How do States Deliver, Administer, and Integrate Behavioral Health Care? Findings from a Survey of State Medicaid Programs

Authors: Madeline Guth, Heather Saunders, Lauren Niles, Angela Bergefurd, Kathleen Gifford, and Roxanne Kennedy
Published: May 25, 2023

Issue Brief

Increasing mental health challenges and growing opioid overdose deaths have heightened the focus on behavioral health issues and the need for improved delivery of services. Behavioral health conditions, including mental health and substance use disorders, are particularly prevalent among Medicaid enrollees, with approximately 39% living with such a disorder. Federal initiatives have aimed to increase access by addressing workforce shortages, improving school-based care delivery, and launching and funding crisis services.

Medicaid is the single largest payer of behavioral health services in the country, so state programs can help leverage changes in the system by implementing a range of policies that enhance the delivery, quality, and effectiveness of these services. Despite state and federal efforts to improve accessibility and quality, 35% of Medicaid-covered individuals with significant mental health concerns report not receiving treatment. States maintain flexibility in determining the coverage, delivery, and payment of behavioral health services, leading to variations in these areas.

KFF surveyed state Medicaid officials about behavioral health policies related to administration, delivery systems, integrated care, and data analytics. These questions were part of KFF’s Behavioral Health Survey of state Medicaid programs, fielded as a supplement to the 22nd annual budget survey of Medicaid officials conducted by KFF and Health Management Associates (HMA). A total of 44 states (including the District of Columbia) responded to the survey by December 2022, but response rates varied by question. Further policy context is available in a series of behavioral health briefs that can be accessed in the “Behavioral Health Supplemental Survey” section on this page.

This issue brief utilizes this survey data to answer four key questions:

  • How do states administer and finance their behavioral health programs?
  • What managed care arrangements do states use to deliver behavioral health care?
  • How are states promoting the delivery of integrated behavioral and physical health care?
  • How do states monitor behavioral health data?

Behavioral Health Administration and Spending

Medicaid covers a disproportionate share of adults with mental illness and/or SUD (22% vs. 18% of all non-elderly adults). In recent years, state Medicaid and behavioral health authorities are increasingly collaborating to fund, provide oversight, and develop policy for publicly-funded behavioral health services and supports. We asked states to describe the current organizational structure of their Medicaid and behavioral health authorities and to indicate any planned changes to this structure. We also asked states about growth of behavioral health spending in Medicaid.

States’ behavioral health administration structures vary, but in most states Medicaid and behavioral health authorities are different divisions under a single agency (Table 1). Only two states reported that Medicaid and behavioral health authorities were in the same division under a single agency. About one-third of states reported that Medicaid and behavioral health authorities were in separate agencies—either separate cabinet level agencies, separate social service agencies, or separate agencies for each of Medicaid, mental health, and SUD. Three states reported “other” administrative structures.1  While agency structure is not the only approach to coordination, operating Medicaid and behavioral health in a single agency may allow states to foster communication and data-sharing between these authorities. For example, one stated rationale for the 2015 merger of Arizona’s Medicaid and behavioral health authorities was to improve coordination of health care by integrating the management of health services for Medicaid enrollees.

State Behavioral Health and Medicaid Administration Models, as of 7/1/22

Of the 44 responding states, two reported plans to change the state administrative structure in FY 2023: Iowa reported that its Department of Human Services and Department of Public Health have aligned to form a single Department of Health and Human Services and that behavioral health and Medicaid will both be divisions within this larger agency. Idaho reported plans to transition behavioral health and Medicaid from different divisions under a single agency to a joint division under the agency, and to manage both Medicaid and non-Medicaid behavioral health services through a managed care organization (MCO).

Most states report that Medicaid spending on behavioral health services is growing faster or about the same as overall Medicaid spending growth. In particular, a plurality of responding states (18 of 43) reported faster growth in behavioral health spending, while only four states reported slower growth in behavioral health spending; of the remaining states, seven reported that growth was about the same and fourteen reported they did not know. Reasons reported for faster rates of behavioral health spending included increased utilization and expansion of telehealth, increased utilization of behavioral health services, rate increases for behavioral health services, and new or expanded services or eligibility criteria for those with behavioral health.

Delivery System Models and Managed Care Arrangements for Behavioral Health Services

States use a combination of fee-for-service (FFS) and managed care arrangements to deliver behavioral health care to Medicaid beneficiaries, with these services increasingly being provided by managed care organizations (MCOs) in recent years. State movement toward managed care models has included carving behavioral health services into comprehensive, capitated MCO contracts or contracting with risk-based limited benefit prepaid health plans (PHPs). Other states have retained the FFS model but may contract with public or private Administrative Service Organizations (ASOs) to deliver behavioral services on a non-risk basis. We asked states to indicate behavioral health delivery system models in place and, if applicable, to report MCO provision of different behavioral health benefits. We also asked states to report any behavioral health quality incentives in place across delivery system models.

Nearly all responding states had multiple behavioral health delivery system models in place as of July 1, 2022; in particular, most states reported covering behavioral health services under both FFS and through MCOs (Figure 1 and Appendix Table 1). Almost all responding states (42 of 44) reported covering at least some behavioral health services under FFS; of these, 32 states also reported that some behavioral health services were included in a managed care arrangement (MCO and/or PHP). Only two states (Tennessee and Maryland) reported that they did not use any FFS arrangements to cover behavioral health services. Some states with FFS and/or managed care models reported that coverage of behavioral health services also included public or private behavioral health ASOs and/or county or government administered ASOs. While states may use different delivery models for certain behavioral health services, the increased complexity of the behavioral health delivery landscape could complicate access to needed care for enrollees.

Medicaid Behavioral Health Delivery System Models, as of 7/1/22

Six states reported behavioral health delivery system changes planned for FY 2023:

  • Three states (Missouri, North Carolina, and Oklahoma) reported plans to put in place new MCO arrangements for covering behavioral services.
  • North Carolina and Arizona reported plans to eliminate their FFS models and transition all behavioral health benefits in to managed care.
  • Iowa reported a plan to eliminate its county/government ASO model.
  • Ohio implemented a new PHP model on July 1, 2022.

Most states continue to rely on MCOs to administer and manage inpatient and outpatient behavioral health services (Figure 2 and Appendix Table 2). States may carve specific services out of MCO contracts to FFS or PHPs; services frequently carved out include behavioral health, pharmacy, dental, and long-term services and supports (LTSS). However, significant movement has occurred across states to carve these services in to MCO contracts. Consistent with results from past years, the majority of MCO states reported that most specified behavioral health service types were always carved into their MCO contracts (i.e., virtually all services covered by the MCO); fewer states reported that services were always carved out (to PHP or FFS) or that carve-in status varies by geographic or other factors. Qualified Residential Treatment Programs (QRTPs)2  and mental health residential stays were the benefits most frequently carved-out. Some states reported that managed care coverage of specific behavioral health benefits varied by certain criterion, such as carve-outs for certain populations (see Appendix Table 2 for more information).

MCO Coverage of Behavioral Health Services, as of 7/1/22

Nine responding states with MCO arrangements for acute care benefits reported changes to how behavioral health benefits were delivered under MCO contracts in FY 2022 or 2023. Changes to contracts fall into a few key policy domains, including:

  • Revisions to support behavioral health integration. For example, North Carolina reported plans to launch integrated managed care plans.
  • Changes to benefit design or coverage. For example, Ohio implemented a new prepaid inpatient health plan (PIHP) for youth with complex behavioral health needs
  • Implementation of new payment models. For example, Massachusetts reported plans to implement prospective payments for participating primary care providers delivering integrated behavioral health care services.

See Appendix Table 3 for additional state-by-state detail on changes in MCO coverage of behavioral health services.

Three-quarters of responding states reported a financial quality incentive in place in FY 2022 or planned for FY 2023 to drive improvements in behavioral health care quality (Table 2). We asked states to report any financial incentives to promote behavioral health quality for MCOs, PHPs, and/or PCCMs or FFS. Of states with financial incentives in place or planned, states most commonly noted that they included behavioral health quality measures in an alternative or value-based payment program. States also reported withholding a percentage of managed care capitation payments or implementing performance bonuses or payments. Some states reported multiple kinds of financial incentives in place or planned. For example, Massachusetts noted that MCOs and Accountable Care Organizations (ACOs) participate in shared savings/losses programs tied to behavioral health quality performance indicators and that psychiatric and substance abuse treatment hospitals have a quality incentive payment structure.

State Use of Financial Incentives to Promote Behavioral Health Quality Improvement in Medicaid

Integrated Care

Many individuals receiving care for behavioral health conditions also have physical health conditions that require medical attention, and the inverse is also true. State Medicaid programs can adopt integrated care policies to address care fragmentation and better integrate physical and behavioral health care, such as by co-locating of both types of care at the same site or removing documentation requirements that may serve as barriers to integration. We asked states about whether they had implemented certain strategies to promote integrated care: Certified Community Behavioral Health Clinics, the psychiatric collaborative care model, and less extensive behavioral health documentation requirements.

About one-third of responding states reported recognizing Certified Community Behavioral Health Clinics (CCBHCs) as a provider type for reimbursement in FY 2022 or FY 2023 (Figure 3). The CCBHC demonstration, established by Congress in 2014 and expanded in 2022, aims to improve the availability and quality of ambulatory behavioral health services and to provide coordinated care across behavioral and physical health.3  We asked states to report information on CCBHC coverage and experiences:

  • CCBHC coverage: Nine states reported that they recognized CCBHCs as a specific enrolled provider type for Medicaid reimbursement in FY 2022, with an additional six states planning to do so in FY 2023. Most of the remaining states (17) reported no plans to recognize CCBHCs in FY 2023, while 12 states were undetermined.4  A few states reported reasons they did not currently plan to recognize CCBHCs, including concerns about payment methodology, budgetary impacts, or that the state had existing providers that served a similar function.
  • CCBHC challenges: Among states that do or plan to reimburse CCBHCs, challenges to their adoption included cost efficiency, implementation of payment structure, and workforce challenges.
  • CCBHC reimbursement structure: The most commonly reported CCBHC reimbursement methodology was a daily or monthly prospective payment system (PPS) (10 states). A handful of states reported using FFS, outlier/bonus payment, or another methodology.5  Finally, where applicable, states reported a range of approaches to managed care payment requirements for CCBHCs; some states require managed care entities (MCEs) to pay rates set by the state while others allow MCEs to negotiate rates

About one-third of responding states reimbursed psychiatric collaborative care model (CoCM) codes in FY 2022, with many states undetermined as to whether they will open such codes in the future (Figure 3). CoCM is a behavioral health integration model that enhances primary care by adding two services (and providers) to a primary care team: care management for patients receiving behavioral health treatment, and regular psychiatric inter-specialty consultation. CMS has developed specific CPT billing codes for COCM services. Fifteen states reported reimbursing these codes in FY 2022, with two more states planning to reimburse in FY 2023. An additional one-third of states (15) were undetermined about whether to reimburse these codes in the future,6  while the remaining 12 states reported no plans to open these codes.

Medicaid Integrated Care Models: Recognition of Certified Community Behavioral Health Clinics (CCBHCs)

A small number of states reported promoting integrated care by adopting less extensive documentation requirements for primary care settings as compared to specialty behavioral health settings. Four states reported they had less extensive requirements in place in FY 2022 (Arizona, California, Maryland, and Texas) and one state planned to adopt less extensive requirements in FY 2023 (Arkansas). For example, Arizona formally recognizes accredited patient centered medical homes with behavioral health distinction as meeting documentation requirements without the need for additional auditing and is working to do the same for behavioral health homes.

Behavioral Health Data and Health Information Exchanges

Data on behavioral health utilization can be used to understand areas such as care utilization patterns, access gaps, population trends, and health disparities. Health information exchanges (HIEs) can facilitate communication, which may result in more effective and timely linkages to behavioral health and other care, as well as improved coordination and quality. We asked states about initiatives to encourage and support behavioral health provider participation in HIEs, as well as any challenges encountered. In addition, we asked states whether they collected or analyzed data to better understand behavioral health utilization patterns, needs, or disparities.

About half of responding states reported a state initiative to encourage or support Medicaid behavioral health provider network participation in health information exchanges (HIEs) (Table 3). Leadership buy-in, financial incentives, infrastructure assistance, and quality incentives are some of the methods states use to encourage behavioral health providers to utilize HIEs. Most states report HIEs are used to manage admission, discharge, and to transfer data during acute care or crisis situations. Behavioral health providers may also utilize HIEs for care coordination, referral services, and in some instances, social services referrals.

State Initiatives to Support Medicaid Behavioral Health Provider Participation in Health Information Exchanges (HIEs), as of 7/1/22

States reported that technology limitations, costs, and confidentiality concerns were primary barriers to use of HIEs in behavioral health. Some states point to a lack of trust among behavioral health providers regarding entering sensitive data into the HIE due to concerns about violating enhanced confidentiality requirements for some behavioral health populations. States report several financial barriers that may prevent behavioral health providers from participating in HIE, including limited access to technology, upgrades to existing IT infrastructure, integration costs across data systems, and changes in billing and administrative processes.

Nearly all responding states (40 of 44) reported using state-level data to better understand the needs of Medicaid behavioral health populations. States report analysis of claims data, newly collected data, or other data sources. These include data analyses conducted within state Medicaid agencies, often through demonstrations or waivers, and within MCO contracts.

Looking Ahead

As states continue to expand behavioral health services coverage to close access gaps and address the pandemic’s impact on mental health and substance use disorders, they may face continued upward budget pressures in behavioral health services spending due to increased utilization. Improved data quality and access may prompt states and analysts to further examine the complex Medicaid behavioral health delivery system, examining access and outcomes associated with various delivery and financing mechanisms. While states are increasingly adopting integrated care initiatives and making efforts to reduce fragmentation across physical and mental health, behavioral health providers’ difficulty participating in health information exchanges may hinder progress.

In addition, current discussions over proposed federal rule changes, such as privacy regulations for people with substance use disorders and telehealth prescribing for controlled substances, may affect how behavioral health systems and providers deliver and coordinate care. Numerous existing and proposed federal initiatives aim to employ strategic policies to enhance the accessibility, quality, and availability of behavioral health care. For example, the Consolidated Appropriations Act (CAA) passed workforce requirements that aim to increase the accessibility and availability of behavioral health care, including requirements for Medicaid provider network directories and funding for new psychiatry residency positions. Finally, recognizing Medicaid’s importance in covering and financing behavioral health care for children, recent legislation has utilized Medicaid as one pathway to expand school-based behavioral health services and additional federal and state efforts in this area are ongoing.

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

This brief draws on work done under contract with Health Management Associates (HMA) consultants Angela Bergefurd, Gina Eckart, Kathleen Gifford, Roxanne Kennedy, Gina Lasky, and Lauren Niles.

Appendix

Medicaid Behavioral Health Delivery System Models in Place, as of 7/1/2022
MCO Coverage of Behavioral Health Services as of 7/1/22: Mental Health Services
Reported Changes in MCO Coverage of Behavioral Health Services, FY 2022 and FY 2023

Endnotes

  1. The three states are KY, MA, and MI: KY reported that both the State Medicaid Services (Department for Medicaid Services, DMS) and Behavioral Health (Department for Behavioral Health, Developmental and Intellectual Disabilities, DBHDID) are under the Kentucky Cabinet for Health and Family Services. MA reported that Medicaid and behavioral health were within the same executive office, under different agencies/programs. MI reported that adult behavioral health and Medicaid are in the same administration (the Behavioral and Physical Health and Aging Services Administration) within the Michigan Department of Health and Human Services (MDHHS), while children’s behavioral health policy is administered by a separate area of MDHHS. ↩︎
  2. Qualified residential treatment programs (QRTPs) are child care institutions that provide trauma-informed therapeutic programming designed to address the needs, including clinical needs, of children with serious emotional or behavioral disorders or disturbances. QRTPs may receive federal foster care maintenance payments, but may be subject to the IMD exclusion for federal Medicaid payment. On KFF’s Behavioral Health survey, of 43 states responding, 16 states reported reimbursing for QRTPs in FY 2022 and an additional 5 states planned to add reimbursement in FY 2023. Two states reported a Section 1115 waiver in place to allow coverage of services provided to enrollees in QRTPs that meet IMD criteria, while 5 states planned to seek such a waiver. Of these 5 states, all planned to seek Section 1115 authority to exempt the limitations on lengths of stays under the waiver for foster care children residing in QRTPs. ↩︎
  3. The Protecting Access to Medicare Act of 2014 established a demonstration program to improve community mental health services by funding planning grants for states to implement Certified Community Behavioral Health Clinics (CCBHCs), and the 2022 Safer Communities Act expanded this program. In addition to setting requirements for CCBHCs, the 2014 Act directed CMS to issue guidance on a prospective payment system for mental health services furnished by CCBHCs to account for the total cost of comprehensive services they provide. The CCBHC demonstration aims to improve the availability and quality of ambulatory behavioral health services and to provide coordinated care across behavioral and physical health. CCBHCs provide nine types of services: crisis mental health services; screening, assessment, and diagnosis; patient-centered treatment planning; outpatient mental health and substance use services; outpatient clinic primary care screening and monitoring; targeted case management; psychiatric rehabilitation; peer support and counselor services and family supports; and intensive, community-based mental health care for members of the armed forces and veterans. CCBHCs may partner with designated collaborating organizations to provide some of these services. ↩︎
  4. Including CT (which reported it is analyzing the CCBHC model and may implement a modified version in the future), ME (which reported that its goal is to cover CCBHCs by July 1, 2024), and WA (which reported it is currently conducting a research study for the adoption of CCBHCs with a target of FY 2024). ↩︎
  5. Of the 15 states that reported recognizing CCBHCs in FY 2022 or 2023, 12 provided information on their current CCBHC reimbursement structure(s). Some of these states reported the use of multiple reimbursement strategies. PPS methodologies: On May 20, 2015, the Centers for Medicare and Medicaid Services (CMS) issued guidance to states specific to the development of a PPS to be tested under the Section 223 Demonstration Program for CCBHCs, and required in Section 223 of the Protecting Access to Medicare Act of 2014. CMS released proposed updates to that CCBHC PPS Guidance in May 2023 to coincide with an additional round of state CCBHC grantees. CMS developed two PPS methodologies for reimbursing CCBHCs: one that pays a fixed daily rate for all service rendered to a Medicaid enrollee (similar to the methodology used by Federally Qualified Health Centers) and one that pays a fixed monthly rate. 8 states reported using the daily PPS model (ID, KS, KY, MI, MO, NV, NY, and OR) and 2 states reported a monthly PPS model (NJ and OK). Other methodologies: 3 states reported using FFS (NJ, NM, and NV), 3 states reported using outlier or bonus payments (MI, NJ, and NV), and 2 states reported using another methodology (AK reported that CCBHs are grant-funded; NY reported using a PPS methodology but carved out of managed care and paid using a CCBHC-specific code with a provider-specific rate based on each agency’s total cost of operations divided by total visits). ↩︎
  6. Including SC, which reported that it intended to cover these codes and hoped to do so in FY 2023, but a firm date had not been established. ↩︎

Use of ACA preventive services potentially affected by Braidwood v. Becerra

Authors: Krutika Amin, Shameek Rakshit, Cynthia Cox, Gary Claxton, and Allison Carley
Published: May 25, 2023

This analysis uses private insurance claims data to examine the number of people who received preventive services that could be affected by a now-stayed U.S. District Court ruling in Braidwood Management v. Becerra, which found the Affordable Care Act’s (ACA) preventive services mandate partially unconstitutional.

The Affordable Care Act (ACA) requires most private health plans to cover some in-network preventive services without cost-sharing for enrollees. On March 30, 2023, the U.S. District Court in the Northern District of Texas excluded from the requirement all preventive care recommendations issued by the United States Preventive Services Task Force (USPSTF) on or after March 23, 2010, when the ACA was signed into law. The district court also found that preexposure prophylaxis (PrEP), medication recommended for HIV prevention, violates the religious rights of those who have objections to its use.

The analysis finds that about one in 20 privately insured people – about 10 million people in total – received at least one ACA preventive service or drug in 2019 that would no longer have to be covered without any cost sharing if the ruling is allowed to stand. Statins, which are used to treat people at risk of cardiovascular disease, are the most commonly used preventive service potentially affected.

The analysis is available through the Peterson-KFF Health System Tracker, an online information hub that monitors and assesses the performance of the U.S. health system.

The Health Insurance and Financing Landscape for People with and at Risk for HIV

Authors: Lindsey Dawson, Jennifer Kates, and Tatyana Roberts
Published: May 25, 2023

Background

The health care coverage and financing landscape for people with and at risk for HIV in the U.S. is highly fragmented and made up of a patchwork of payers and programs. Each has its own eligibility requirements, services and benefits, cost sharing obligations, and financing structure. Further, program eligibility and benefits vary by state and in some cases, even more locally, leading to uneven access across the country and some people are left out of the system entirely. The Affordable Care Act (ACA), passed in 2010, expanded access to coverage and services for millions of people, including people with and at risk of HIV and as a result, the number of uninsured people has fallen significantly. Most people with HIV do have insurance coverage, particularly through Medicaid and private insurance, and many receive support from the Ryan White HIV/AIDS Program, the nation’s safety net program for people with HIV. This table provides an overview of the major payers and programs that provide coverage and services to people with and at risk of HIV. It builds on and updates earlier work published in the Lancet.

HIV Insurance Coverage and Care Landscape in the United States

Download the full version of this table (.pdf)