January 27, 2025
Reporter, Health Care Inc. Writer
Welcome back, everyone. Glad you could make it. The NBA is as fun and whimsical as ever, change my mind. Send me your basketball takes and favorite highlights (as well as your tips, company documents, and CMS leaks): bob.herman@statnews.com.

government

Trump’s CMS freezeCMS Adobe-1

Adobe

President Trump has put all the federal health agencies on ice until his administration staffs up. One of those agencies that shouldn’t get lost in the mix: the Centers for Medicare and Medicaid Services.

Yes, Medicare and Medicaid are still paying claims. But the $1.5 trillion agency is sitting on its hands in ways that are highly consequential. On Friday, CMS withdrew its appeal of a case in which a judge said the agency unlawfully downgraded UnitedHealth Group’s Medicare Advantage star ratings — just three days after CMS said it would appeal. 

If the Trump administration doesn’t pursue an appeal, it would secure a lucrative win for UnitedHealth, which would get higher star ratings and millions in extra taxpayer funds.

Last week, there also was a noticeable information desert. CMS’ newsroom website became barren. At the end of every day, CMS sends out notices and information about Medicare Advantage and the Part D prescription drug program. That email system hasn’t sent anything since Jan. 17. CMS also releases monthly data on Medicare Advantage enrollment. The latest data dump came on Jan. 15, but the agency retracted it due to an unidentified “issue.” CMS said it was going to publish the updated data files the week of Jan. 20, but that didn’t happen.

And for those wondering: Jeff Wu is CMS’ acting administrator while Trump’s pick, Dr. Oz, waits to get a confirmation hearing. Wu has been at the agency since 2011, focusing on the Affordable Care Act’s health plan marketplaces.


medicare advantage

Biden administration levies last-minute fines

Right before former President Biden left office, CMS got in some parting shots to a handful of the largest Medicare Advantage and prescription drug plans.

On Jan. 17, CMS fined seven companies varying amounts of money: Centene, Cigna, Elevance Health, Humana, Molina Healthcare, Baylor Scott & White, and The Carle Foundation. Centene was hit with the largest penalty ($2 million). The embarrassment of getting called out publicly probably stings more than the pocket change the companies will have to pay.

What were the violations? In each of the seven oversight letters, CMS said Medicare enrollees “may have experienced increased out-of-pocket costs” because the insurance companies messed up their own cost-sharing rules. For example, Elevance overcharged people’s coinsurance for labs, and charged people $40 for telehealth visits when they should’ve been free. The chaser: “Elevance did not ensure enrollees were refunded until after the financial audit, which was approximately two to three years after the incurred costs.”

Why did this happen? Often, insurers’ claims and processing systems stink. Sound familiar? We’ve written about it before.


spending

UnitedHealth blows past Oregon’s cost growth cap

Oregon’s health department is calling out UnitedHealth for exceeding the state’s cost growth threshold, my colleague Tara Bannow writes. 

Costs at the company’s Medicare Advantage plans spiked by 6.4% in the most recent year studied, while costs at Oregon Medical Group, a physician practice in Eugene that UnitedHealth’s Optum subsidiary acquired in 2022, increased by 6.5%.

A 2019 state law caps annual health care cost growth at 3.4% per person. In the first fiscal year the Oregon Health Authority studied (2021 to 2022), 28 insurers, hospital systems, and medical groups exceeded that threshold. Most of them, however, had acceptable reasons like longer hospital stays because of a lack of nursing home beds, while those UnitedHealth entities did not.

Starting next year, organizations that exceed the target with no acceptable reason will have to submit plans outlining steps to make health care more affordable. If they consistently fail to meet the target, the state can issue financial penalties beginning in 2026. 



hospitals

Mayo Clinic, the venture capital firmScreenshot 2025-01-21 at 11.37.52 AM

This slide from Mayo Clinic’s J.P. Morgan Healthcare Conference presentation disclosed how the hospital system has a stake in almost 50 different startups. In 2023, Tara wrote how hospitals were pulling back on their venture capital investing — could this be reversing now that patient volumes (and fatter profit margins) have returned? Is this even what we should expect tax-exempt hospitals to be doing?


courts

The Cole Schmidtknecht story now moves to court

The story of 22-year-old Cole Schmidtknecht went viral last year: He died from a severe asthma attack five days after leaving a Walgreens pharmacy, unable to pay $539 for his asthma medication when he previously paid between $35 and $67 per fill. Now, his parents are suing the companies they believe contributed to their son’s death.

My colleague Katie Palmer spotted the new civil lawsuit, in which the Schmidtknechts target Optum Rx, the PBM owned by UnitedHealth, and Walgreens. They allege Optum Rx changed its formulary going into 2024 and therefore did not cover their son’s drug, Advair Diskus, or its cheaper generic equivalents. 

Instead, they alleged Optum Rx “would only cover Advair HFA or Breo Ellipta, two newer brand drugs, whose manufacturer had paid Optum Rx substantial kickbacks (euphemistically called ‘rebates’ and/or ‘compensation’) in exchange for their favorable placement on Optum Rx’s updated formulary.” In a statement, Optum Rx spokesperson Isaac Sorensen said, “Mr. Schmidtknecht’s death was tragic, and our thoughts are with his family. The claims made are factually inaccurate.”


More around STAT
Check out more exclusive coverage with a STAT+ subscription
Read premium in-depth biotech, pharma, policy, and life science coverage and analysis with all of our STAT+ articles.

Industry odds and ends

  • Seven weeks after Brian Thompson was killed, UnitedHealth named his replacement: Tim Noel, who oversaw UnitedHealthcare’s Medicare health plans.
  • Purdue Pharma and the Sacklers have agreed to a new $7.4 billion settlement to resolve thousands of lawsuits over the role they allegedly played in fomenting the nation’s opioid crisis, my colleague Ed Silverman reports. The Supreme Court nixed the previous settlement, which gave the Sacklers immunity from future lawsuits. However, within the $7.4 billion figure is an $800 million account that the Sacklers can use to defend themselves in future cases.
  • Last April, Johnson & Johnson tried to dismiss the big lawsuit that alleges it violated federal benefits law by overpaying for its employees’ prescription drugs. On Friday, a judge ruled in favor of J&J on two counts — that the former employee who is suing, Ann Lewandowski, lacked standing because she can’t prove she paid higher premiums, nor could the court remedy her higher out-of-pocket drug costs. However, the judge ruled against J&J by saying it did not provide Lewandowski with all the medical plan information she requested and is entitled to under law. Lewandowski now has 30 days to file an amended complaint.
  • The University of Minnesota appears to be dumping Fairview Health Services and will create a new not-for-profit hospital entity with Essentia Health to provide care. Notice how the groups said “flat or declining reimbursement” is among the “most pressing health care challenges” in their joint press release. Not patient out-of-pocket costs or care quality, but their revenue.
  • Audits of the Federal Employees Health Benefits Program “— particularly those administered by BCBS entities — highlight a deeply troubling pattern of mismanagement, inefficiency, and overpayments that continue to drain taxpayer funds,” consultant Chris Deacon writes in a blog post.
  • Medicaid is on the table for spending cuts with Republicans in charge. Ryan Levi of Tradeoffs spoke with 13 conservatives about why they support pruning the safety net health care program for the country’s poorest people.

The Meme Ward

Health Care Inc. Meme - Issue 128


Thanks for reading! More next week. 


Enjoying Health Care Inc.? Tell us about your experience
Continue reading the latest health & science news with the STAT app
Download on the App Store or get it on Google Play
STAT
STAT, 1 Exchange Place, Boston, MA
©2025, All Rights Reserved.