CMS Moratorium Mêlées : Deux

On Tuesday, the Senate passed S. 1200, the Indian Health Care Improvement Act Amendments of 2007. The comprehensive bill seeks to modernize the Indian health care delivery system and it includes a critical amendment by Sen. Barbara Mikulski (D-MD) to prevent yet another proposed rule from the Centers for Medicare and Medicaid Services (CMS) from going into effect.

Mikulski’s amendment would prevent CMS from implementing rule CMS-2237-IFC “Medicaid Program; Optional State Plan Case Management Services.” The rule, issued on December 4, 2007, would restrict CMS payments for case management services offered to children with disabilities under their Individualized Education Plan (IEP) as required by the Individual with Disabilities Education Act (IDEA), and it would disallow the provision of case management when it is part of a child’s plan under Section 504 of the Rehabilitation Act. (See 72 Fed. Reg. 68077-68093) (Dec. 4, 2007). This rule is scheduled to take effect on March 3, but Mikulski’s amendment would delay implementation until April 1, 2009.

This is the second critical moratorium on CMS rules that we are tracking. Congress passed the first in December, S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007. The bill, now Public Law No: 110-173, contains a moratorium on CMS’ rules to restrict Medicaid reimbursement payments to schools relating to coverage for rehabilitation services or school-based administration and school-based transportation. The moratorium runs until June 30, 2008 and there is heavy pressure on Congress to extend this moratorium into 2009 and beyond.

Despite the political opposition to CMS’ rules, CMS is dedicated to reducing its payments to schools and Congress is determined to prevent CMS action. To be sure, these moratorium mêlées will be important to Members of Congress this year. We will continue to monitor and analyze the events as they develop.

Resource:
72 Fed. Reg. 68077-68093) (Dec. 4, 2007), http://www.access.gpo.gov/su_docs/fedreg/a071204c.html.
Judith Solomon, “New Medicaid Rules Would Limit Care for Children in Foster Care and People with Disabilities in Ways Congress Did Not Intend,” Center on Budget and Policy Priorities, Revised February 8 2008, http://www.cbpp.org/12-21-07health.htm
Author: DAD