CMS Moratorium Language (12/21/2007)

This week, the House and Senate passed S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007. The bill extends the long debate over the State Children's Health Insurance Program (SCHIP) and the Center for Medicaid and Medicare Services (CMS) moratorium language into 2008.

It will, when signed by the President, extend funding for the State Children's Health Insurance Program (SCHIP) until March 2009 and it contains a moratorium on the rules, issued by the Center for Medicaid and Medicare Services (CMS) in the Department of Health and Human Services (HHS), to restrict Medicaid reimbursement payments to schools. The moratorium runs until June 30, 2008:

SEC. 206. MORATORIUM ON CERTAIN PAYMENT RESTRICTIONS.
Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to June 30, 2008, take any action (through promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose any restrictions relating to coverage or payment under title XIX of the Social Security Act for rehabilitation services or school-based administration and school-based transportation if such restrictions are more restrictive in any aspect than those applied to such areas as of July 1, 2007.

The proposed rules will continue to be a hard fought battle in 2008 because HHS is determined to reduce its costs through such regulatory means. Last week, Secretary Mike Leavitt wrote that “the President's senior advisors would recommend a veto of any bill that… undermines efforts to promote fiscal solvency in the Medicare and Medicaid programs. For example, legislation should not repeal the Medicare funding warning or erode the programs' fiscal integrity by overturning regulatory policies developed by the Administration.” And as everyone was focusing on the FY08 omnibus bill, CMS placed on display at the Office of the Federal Register a final rule (CMS-2287-F) regarding Medicaid reimbursement for school-based administration and transportation. Generally, these regulations are effective 60 days after the date of publication in the Federal Register; but the moratorium delays that for six months so school budgets in the 2007-2008 school year will not be affected. The serious “overturning” battle will begin in January.

Recognizing the fight to come, the National Education Association (NEA) and LEAnet.com (an on-line coalition for school based health services) are organizing better political resistance. On January 22nd, they will host a working session on this topic that is designed to “make common ground, to inventory collective resources, to build the foundation for designing a strategy, and to establish a communication system that will be more effective than mere emails.” The NEA will host the event at their headquarters in Washington, D.C. Please contact us for more information on this event.

Resource:
The LEAnet.com, http://www.theleanet.com/
Author: DAD