THE STATE OF HOME BY: DOUGLAS HERVEY, JD/MBA

 
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THE STATE OF HOME BY: DOUGLAS HERVEY, JD/MBA
T H E S T AT E
OF HOME
H E A LT H C A R E :
A $400 BILLION
TIPPING POINT
B Y : D O U G L A S H E R V E Y, J D / M B A
T H E S TAT E O F H O M E
H E A LT H CA R E : A $ 4 0 0
BILLION TIPPING POINT
B y: D o u g l a s H e r vey, J D / M BA

INTRODUCTION
President Biden’s $2.3 trillion infrastructure proposal known as the “American Jobs Plan” targets
improvements to U.S. roads, bridges, drinking water, broadband, the electric grid, and the energy
infrastructure. It would also earmark approximately $400 billion for home- and community-based
healthcare. The proposal would support a shift in care away from costly institutional settings and hospitals
to more affordable and often preferred home- and community- based settings.i

The home health provisions are meant to address the growing care needs of senior-aged men and women,
reduce the surge in home health waiting lists, and confront the disproportionate impact of low wages
and limited access on low-income communities and communities of color.ii Advocates believe that aging
relatives and people with disabilities deserve a better quality of life, including services and support
to address their unique needs and choices. They also believe that in-home health workers, including
professional nurses, therapists, and personal care aides, as well as family and friends, merit a better
quality of life too.iii

This paper addresses the primary factors driving legislative urgency for home health reform, discusses
what the stated home health objectives within the American Jobs Plan are, highlights what advocates
and opponents are saying, and shares perspectives on how the proposed plan and broader home health
reforms are creating unique opportunities for home- and community- based care.

M O T I VAT I N G FA C TO R S
At least four factors are driving legislative urgency for home health reforms: (1) projected expenses for the
elderly, (2) the current burden on informal care givers who support loved ones, (3) pay for formal caregivers,
and (4) access and coverage constraints.

First, the Centers for Medicare and Medicaid Services (CMS) projects that U.S. national healthcare
expenses will balloon to $6.2 trillion in 2028, an amount that dwarfs the $3.8 trillion in 2019 spending. By
2034, Census data predicts that seniors will outnumber children, which would be the first time in U.S.
history. One out of every five seniors are expected to hit retirement age by then.iv

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U.S. National Health Expenditures ($ Billions)
                                                          & Annual Percent Change
  $7,000.0                                                                                                                                                0.07

  $6,000.0                                                                                                                                                0.06

  $5,000.0                                                                                                                                                0.05

  $4,000.0                                                                                                                                                0.04

  $3,000.0                                                                                                                                                0.03

  $2,000.0                                                                                                                                                0.02

  $1,000.0                                                                                                                                                0.01

     $0.0                                                                                                                                                 0.00
             2012   2013   2014   2015   2016    2017     2018       2019       2020     2021       2022      2023     2024   2025   2026   2027   2028

                                                 National Health Expenditures          Average Annual Percent Change

   Source: CMS

Figure 1. U.S. National Health Expenditures
                                                                                                                                                             Confidential / 1

Second, approximately 53 million adults in the U.S. work as informal care givers supporting family
members dealing with chronic conditions.v A Harvard Business School study found that nearly one-third of
all employees have voluntarily left their job at one point to care for a loved one—and the numbers are higher
for women, immigrants, and people of color. vi A recent report said that in 2017 unpaid home care workers
donated 34 billion hours of care to family and friends at an estimated worth of $470 billion.vii

Most informal care givers are not only time constrained, but they are also not equipped to handle the needs
of aged and disabled loved ones, many of whom have multiple chronic conditions needing specialized care
beyond what informal care givers are qualified to provide.

Third, formal caregiver pay is very low. Studies suggest wages for home care workers often are $12 per
hour, among the lowest wages within the U.S. economy. One in six home care workers fall below federal
poverty thresholds, disproportionately impacting women of color. viii

Lastly, coverage and access constraints abound in home health. COVID-19 has encouraged seniors to age
in place given the pandemic has killed over 174,000 nursing home and other long-term care facility staff
and residents.ix Medicare, however, does not cover daily home-based care for those needing bathing and
dressing support. It also does not cover long-term nursing home stays.

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Projected Elderly                             Pay for Formal
                      Expenses                                   Caregivers
                  National healthcare                              Home care
                 expenses expected to                           workers average
               reach $6.2 trillion by 2028                       $12 per hour in
                                                                     wages

                                                4 Motivating
                                                  Factors

                                      Informal                                     Access and
                                  Caregiver Burden                                  Coverage
                                53 million adults in the U.S.                Over 800,000 seniors
                              provide informal care support                    are currently wait
                              for those dealing with chronic                 listed for home care
                                         conditions

Figure 2. Motivating Factors Behind Home and Community Based Reforms

All 50 states do offer some type of Medicaid services for long-term care of aging or ill Americans their
loved ones care for. But benefits, eligibility, and coverage sharply differ from state to state. Some states
pay family caregivers but not their spouses or legal guardians. Other states pay family members if they do
not live in the same house as the recipient. Pay can differ based on what a Medicaid assessment of need
reveals as well as the average state wages for in-home care aides.x

Medicaid does cover nursing-home care, but states often have strict eligibility rules. And adults generally
do not qualify for support unless they have less than $2,000 in total assets. Medicaid can offer home- or
community-based care to those with disabilities, but states generally have limited enrollment and long
waiting lists. These waiting lists—which can last for up to five years—prevent hundreds of thousands of
eligible beneficiaries from accessing care.xi

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SERVICES MEDICAID GENER ALLY COVERS IN THE HOME

       1.    Assistance with Activities of Daily Living (bathing, mobility, dressing/undressing, eating, and
             toiletry)
       2.    Assistance with Instrumental Activities of Daily Living (shopping for essentials, laundry, light
             housecleaning, and meal preparation)
       3.    Home Health Care
       4.    Home Modifications (to improve accessibility and safety, such as grab bars, widening of
             doorways, non-slip flooring, and wheelchair ramps)
       5.    Vehicle Modifications
       6.    Durable Medicaid Equipment (wheelchairs and walkers)
       7.    Adult Day Care / Adult Day Health Care
       8.    Skilled Nursing Care
       9.    Respite Care
       10.   Transportation (medical & non-medical)
       11.   Therapy Services (physical, speech, & occupational)
       12.   Meal Delivery / Congregate Meals
       13.   Personal Emergency Response Services (PERS) / Medical Alert
Source: Medical Planning Assistance

Figure 3. Services Medicaid Generally Covers in the Home

W H AT P R E S I D E N T B I D E N ’ S P L A N P R O P O S E S

President Biden’s American Jobs Plan hopes to strengthen the care economy through job creation, wage
increases, care access, and increased benefits for essential home care workers.

While short on details, the plan asserts that the U.S.’s caregiving challenge began long before COVID-19.
The proposal describes the caregiving financial and coverage constraints discussed above and
underscores the disproportionate impact on women of color. President Biden hopes to address these
challenges through the following three solutions xii:

                                                                                       02
       01
                                                                 Creating new jobs for and increasing
                                                                 the pay of direct care workers

       Providing $400 billion toward improving

                                                                                            03
       access to quality and affordable home- or
       community- based care for aging
       relatives or people with disabilities

                                                                 Allowing for the free and fair choice
                                                                 to join a union that allows for
                                                                 collective bargaining

Figure 4. President Biden’s Plan

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PROPONENTS AND OPPONENTS
American Jobs Plan supporters believe President Biden’s proposal would help raise wages, save costs,
avoid nursing home closures, and enhance care quality. They claim the plan would help raise incomes to
a more equitable level for home healthcare providers—many of whom are minorities. More than 790,000
home healthcare workers could see their incomes rise.xiii This is significant because employment for home
health workers and personal-care aides is forecasted to grow 34% over the next decade, a much faster
rate than the national average for other occupations.xiv

Supporters also believe the plan would help steer the elderly away from more costly nursing-home care
and help protect them from financial savings depletion. They allege that increased federal funding would
help prevent more than 1,600 nursing home closures this year due to financial difficulties. And they
claim that increasing the pay of direct care workers significantly improves workers’ financial well-being,
enhances productivity, and contributes to care quality. One study found that elevated pay for care workers
prevented deaths, reduced the number of health violations, and lowered preventive care costs.xvi

Congress would need to act by increasing Medicaid reimbursement or enhancing state funds to pay
for home healthcare workers. Congressional Republicans, however, recently unveiled their own $568
billion infrastructure counterproposal. It focuses more narrowly on roads and bridges and other types of
transportation infrastructure, but it is about one-fourth the size of President Biden’s plan.xvii

Plan opponents believe the benefits do not justify the costs and claim that the home health plan has little
to do with infrastructure such as repairing bridges and roads and improving broadband internet access.
They also believe Biden’s plan would unionize more home healthcare workers, which could increase dues
toward Democratic-friendly labor unions.xviii

President Biden’s plan does not currently have explicit labor clauses, but Congressional Democrats may
insert language that would facilitate unionization. Some states such as Oregon already allow home health
workers to collectively bargain as public employees.xix

W H AT TO E X P E C T
Passing $400 billion in major home health reforms within a large infrastructure bill will be a heavy lift. An
all-in-one infrastructure package may eventually become several smaller and more manageable bills. A
legislator can more easily oppose a broader infrastructure law that not only addresses bridges and roads
but also supports unionization for home health workers.xx

The Democrats may pursue a procedural maneuver known as budget reconciliation to pass the plan’s key
provisions with a simple majority. Both parties’ ability to negotiate and compromise on the most important
terms will determine to what degree Democrats pursue unilateral action. Experts question what the
Democrats can achieve in home health through reconciliation given bills must concentrate on taxing and
spending, and any provisions are subject to parliamentarian review.xxi

Several tailwinds foreshadow the segment’s bright future even if the American Jobs Plan does not deliver
on home health reform. Home care costs less than facility care, demand has increased heavily, and
technology is enabling better service and outcomes.

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Industry
      Key HomeTailwinds
               Healthcare Tailwinds
      There are multiple tailwinds supporting the home health industry.

                      1     Increasing Demand                   Number of episodes increased 60% since 2002; outpaces other sectors

                          2 Lower Cost Alternative              Trend to seek cost-saving alternatives rather than expensive facility care

                           3 Competitive Forces                 In 2019, top-10 home health providers accounted for
Ten Federal Regulatory and Legislative Tailwinds

                                                                                CMS Deems
           Home                                                                                          Growing
                                                         Loosened               60 Different
          Infusion               In-Home                                                                 Variety of
                                                         Telehealth             Conditions
          Therapy                 Dialysis                                                             Professionals
                                                        Restrictions              Safe for
          Benefits                                                                                        Can Bill
                                                                                   Home

                                                         Medicaid                                       Value-Based
        Loosened MA              Bi-Partisan                                      Potential
                                                          Benefit                                           Care
         Restrictions            Leadership                                     Increased Pay
                                                         Expansion
                                  Support

                                                                                                                Confidential / 5

Figure 6. Ten Federal Regulatory and Legislative Tailwinds

Millions of additional people will receive home-based medical and non-medical services in the coming
years due to private sector tailwinds and bi-partisan support for change. If President Biden and home
health reform proponents get their wish, they will secure increased pay for workers, make Medicaid
coverage of home- and community-based supports mandatory, ensure a minimum amount of covered
benefits from state to state, and eliminate long waiting lists and caps to the number of people cared for.xxx
While home health is not the silver bullet for cost reduction and quality improvement, few would disagree
that home health should be a key part of the health, cost, and quality equation. All signals portend it will be.

i
   The White House. “Fact Sheet: The American Jobs Plan.” (March 31, 2021). https://www.whitehouse.gov/briefing-
room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
ii
    The Wall Street Journal. “Biden Infrastructure Plan Would Fund Shift Toward Home Healthcare for Seniors,” (April
12, 2021). https://www.wsj.com/articles/biden-infrastructure-plan-would-fund-shift-toward-home-healthcare-for-
seniors-11618228812
iii
     The White House. “Fact Sheet: The American Jobs Plan.” (March 31, 2021). https://www.whitehouse.gov/briefing-
room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
iv
     CMS. “National Health Expenditure Projections: 2018-2027,” (2018). https://www.cms.gov/Research-Statistics-Data-
and-Systems/Statistics-Trends-and-Reports/NationalHealthExpendData/Downloads/ForecastSummary.pdf
v
    Fortune. “Biden’s Infrastructure Plan sets out to Expand how America looks at Eldercare and who gets paid,” (April 8,
2021). https://fortune.com/2021/04/08/bidens-infrastructure-plan-elder-care-homecare-healthcare-medicaid
vi
     Harvard Business School. “The Caring Company,” (January 2019). https://www.hbs.edu/managing-the-future-of-
work/Documents/The_Caring_Company.pdf
vii
     AARP Public Policy Institute. “Valuing the Invaluable: 2019 Update,” (November 2019). https://www.aarp.org /
content/dam/aarp/ppi/2019/11/valuing-the-invaluable-2019-update-charting-a-path-forward.doi.10.26419-
2Fppi.00082.001.pdf
viii
     The White House. “Fact Sheet: The American Jobs Plan.” (March 31, 2021). https://www.whitehouse.gov/briefing-
room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
ix
     AARP. “AARP Nursing Home COVID-19 Dashboard.” (April 15, 2021). https://www.aarp.org/ppi/issues/caregiving/info-
2020/nursing-home-covid-dashboard.html

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x
    Marketplace. “What Counts as “Infrastructure”? Home health care, Biden administration says,” (March 31, 2021).
https://www.marketplace.org/2021/03/31/what-counts-as-infrastructure-home-health-care-biden-administration-
says/
xi
     The White House. “Fact Sheet: The American Jobs Plan.” (March 31, 2021). https://www.whitehouse.gov/briefing-
room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
xii
     Id.
xiii
      The Wall Street Journal. “Biden Infrastructure Plan Would Fund Shift Toward Home Healthcare for Seniors,” (April
12, 2021). https://www.wsj.com/articles/biden-infrastructure-plan-would-fund-shift-toward-home-healthcare-for-
seniors-11618228812
xiv
      Id.
xv
     Id.
xvi
      The White House. “Fact Sheet: The American Jobs Plan.” (March 31, 2021). https://www.whitehouse.gov/briefing-
room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
xvii
       Senate. “The Republican Roadmap,” (April 2021). https://www.epw.senate.gov/public/_cache/files/f/b/fb56e9d2-
5c5b-45c9-8491-9b82c81a2371/8ECCF625FDADCA9F4E365C1D355D9D42.full-document-gop-infrastructure-plan-6-.
pdf
xviii
       The Wall Street Journal. “Biden Infrastructure Plan Would Fund Shift Toward Home Healthcare for Seniors,” (April
12, 2021). https://www.wsj.com/articles/biden-infrastructure-plan-would-fund-shift-toward-home-healthcare-for-
seniors-11618228812
xix
      Id.
xx
     Marketplace. “What Counts as “Infrastructure”? Home Health Care, Biden Administration says,” (March 31, 2021).
https://www.marketplace.org/2021/03/31/what-counts-as-infrastructure-home-health-care-biden-administration-
says/
xxi
      Vox. “Republicans’ Opening Bid on Infrastructure is about a Quarter of the Size of Biden’s Plan,” (April 22, 2021).
https://www.vox.com/2021/4/22/22397517/republican-infrastructure-plan-biden.
xxii
       Modern Healthcare. “CMS: Permanent Telehealth Changes Coming to Home Health,“ (June 25, 2021). https://www.
modernhealthcare.com/payment/cms-permanent-telehealth-changes-coming-home-health
xxiii
       CMS. “Trump Administration Finalizes Permanent Expansion of Medicare Telehealth Services and Improved
Payment for Time Doctors Spend with Patients,” (December 1, 2020). https://www.cms.gov/newsroom/press-
releases/trump-administration-finalizes-permanent-expansion-medicare-telehealth-services-and-improved-
payment
xxiv
       CMS. “CMS Announces Comprehensive Strategy to Enhance Hospital Capacity Amid COVID-19 Surge” (November
25, 2020). https://www.cms.gov/newsroom/press-releases/cms-announces-comprehensive-strategy-enhance-
hospital-capacity-amid-COVID-19-surge.
xxv
       CMS. “New Codes for Therapist Assistants Providing Maintenance Programs in the Home Health Setting,” (May 1,
2020). https://www.cms.gov/files/document/mm11721.pdf.
xxvi
       CMS. “CMS Announces New Federal Funding for 33 States to Support Transitioning Individuals from Nursing
Homes to the Community,” (September 23, 2020). https://www.cms.gov/newsroom/press-releases/cms-announces-
new-federal-funding-33-states-support-transitioning-individuals-nursing-homes
xxvii
       CMS. “2019 Medicare Advantage and Part D Rate Announcement and Call Letter,” (April 2, 2018). https://www.cms.
gov/newsroom/fact-sheets/2019-medicare-advantage-and-part-d-rate-announcement-and-call-letter
xxviii
       Modern Healthcare. “Intermountain, Ascension Push for Permanent CMS Home Care Reimbursement Changes,”
(March 3, 2021). https://www.modernhealthcare.com/home-health/intermountain-ascension-push-permanent-cms-
home-care-reimbursement-changes
xxix
       Modern Healthcare. “Alternatives to Nursing Homes get $12B boost in COVID-19 Law,” (March 24, 2021). https://
www.modernhealthcare.com/safety-quality/alternatives-nursing-homes-get-12b-boost-COVID-19-law
xxx
       Modern Healthcare. “Biden Pushes for Home Health Medicaid Coverage, $400 Billion in Funding,” (March 31, 2021).
https://www.modernhealthcare.com/politics-policy/biden-pushes-home-health-medicaid-coverage-400-billion-
funding

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