CQ WEEKLY – IN FOCUS
Aug. 4, 2012 – 11:34 a.m.
AIDS Law in Flux
By Rebecca Adams, CQ Staff
The Ryan White program, which provides medical care for low-income HIV/AIDS patients, was named for a hemophiliac from Indiana who was diagnosed with the virus at age 13 and died five years later. Care for young people like Ryan is part of the program’s mission, but over the years, it also has played an important role in financing treatment for a group he would never join: people over age 18.
Now some of those adults have new opportunities for coverage through the 2010 health care law. But the potential for new benefits raises questions about how and when services under the Ryan White law should be adjusted. It is due to be reauthorized in the fall of 2013 — just a few months before widespread coverage under the health care overhaul is supposed to begin.
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That means the health care situation could be in flux for lawmakers trying to reauthorize the HIV/AIDS program. If Republicans take over both chambers of Congress and the White House, they have pledged to overturn the health care law. If that doesn’t happen, and the law goes forward, coverage options may vary from state to state.
And, if the economic climate is anything close to what it is now, the Ryan White program might face spending cuts as lawmakers continue to make deficit reduction a top priority. Money for HIV/AIDS care has been widely supported by both parties in recent years, but fears of spending cuts for the Ryan White program were raised in July at the XIX International AIDS Conference, a biennial forum that was held this year in Washington.
Another source of concern, not just for advocates of HIV/AIDS money, but also for other patient-centered programs, is the mandated across-the-board budget sequester that is scheduled to take effect in January.
And activists who lobby for HIV/AIDS treatment overseas will be trying to persuade lawmakers to authorize a spending increase under a law governing such global programs as the U.S. President’s Emergency Plan for AIDS Relief, known as PEPFAR.
State Flexibility
Another challenge in determining HIV/AIDS coverage will come from the states as they decide how to implement the health care law. State officials can choose whether to offer coverage to more people through Medicaid, the federal-state program for the low-income and disabled. Under the health care overhaul, states get higher-than-usual federal matching rates for expanding coverage to childless adults — a group that includes HIV patients — who earn up to 133 percent of the federal poverty level. States generally do not cover childless adults unless they are very poor.
In states that choose expanded coverage, the Ryan White program may end up providing less coverage to HIV/AIDS patients because some will get medical care and drugs through Medicaid or through new federally subsidized private insurance that will be available in 2014.
Within the Ryan White program, about 41 percent of patients are uninsured. Many of them would be eligible for the new federal insurance or Medicaid in states that expand coverage. Activists are pushing governors to agree to offer Medicaid coverage to more people. So far, governors in six states, including some, such as Texas, with large uninsured populations, oppose expansion. Most are undecided.
Supporters of HIV/AIDS funding say that even if hundreds of thousands of patients ultimately gain coverage under the health care overhaul, there still will be a need for Ryan White services, which include non-clinical benefits such as case management services to oversee patient care and transportation to medical visits. They say that, at least in the first few years after the health care law takes effect, the Ryan White program should continue with only modest changes to provide more leeway for it to supplement Medicaid or insurance.
Even the most ardent defenders of HIV/AIDS funding say that, several years from now, Medicaid may pay for many of the services now covered by the Ryan White program.
AIDS Law in Flux
The Medicaid expansion is “undoubtedly the greatest advancement of care for individuals living with HIV in this country,” says Rep.
But until it is clear how the health care law will work, Congress should make only modest changes to the Ryan White program, the California Democrat says.
FOR FUTHER READING: Sequester consequences, p. 1608; health care law (PL 111-148, PL 111-152), CQ Weekly, p. 1380; PEPFAR, 2010 CQ Weekly, p. 1916.