The Legal Battle Surrounding Star Ratings
Elevance Health initiated a lawsuit against the federal government concerning changes in the Medicare Advantage star ratings calculation, which could cost them hundreds of millions in bonus revenue.
The legal challenge asserts that the adjusted methodology for determining 2025-star ratings is both ‘arbitrary and capricious’ and contravenes the Administrative Procedure Act.
The consequence of these changes was the exact opposite result of what was intended: a drastic reduction in high-performing plans, causing the percentage of plans with four or more stars to drop significantly for 2025, with only 34% retaining their high ratings, down from over 64% the previous year.
Lawsuit Filed Against HHS and CMS
Taking the battle to the courts, Elevance Health filed a lawsuit against the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), claiming violations related to star rating methodologies.
The lawsuit specifically challenges the unexpected use of the ‘Tukey’ method and the deletion of outlier contracts for star ratings, which were not part of the 2022 rules but were reintroduced in 2023.
Elevance Health contends that CMS’s application of the Tukey method resulted in a significant drop in their star ratings, a change that exceeded the guardrails requirement that limits changes to a maximum of five percentage points from the previous year.
This case has brought to light concerns regarding specific quality measures, suggesting a need for future rating systems.
Potential Impact on Health Plans
The lawsuit against CMS could have a significant financial impact on health plans due to potential decreases in star ratings. Elevance Health claims the loss of an estimated $190 million in bonuses due to a dropped phone call during star ratings assessments, holding the government accountable for the financial loss.
If Elevance Health’s lawsuit is successful, it could lead to significant adjustments in the way cut points are determined, impacting how Medicare Advantage plans are rated in the future.
It also brings into focus the ending of the disaster provision, which allowed plans to use the better of current or historical performance for most measures but will not be applied for the 2023 rating year.