Stay ahead of developments in federal and state health care law, regulation and transactions with timely, expert news and analysis.
By James Swann
Feb. 18 — Two House Republican lawmakers are worried that there's a lack of oversight in how state Medicaid programs use provider taxes to fund their expenditures, according to a letter sent to the CMS Feb. 18.
The letter, from Energy and Commerce Subcommittee on Health Chairman Joe Pitts (R-Pa.) and subcommittee Vice Chairman Brett Guthrie (R-Ky.), said that while states increasingly are using provider taxes to pay for their share of Medicaid expenses, the Centers for Medicare & Medicaid Services may not have accurate data to ensure states are complying with program requirements.
They asked for a response within 30 days of the agency's receipt of the letter.
Provider taxes must cover all providers within a specific category and must be at the same rate for all providers within the category, according to Medicaid regulations. States that fail to meet the requirements can lose their federal Medicaid funding.
While acknowledging he's not familiar with the intimate details of every state's Medicaid program, Matt Salo, the executive director of the National Association of Medicaid Directors, told Bloomberg BNA that provider taxes are a long-standing and legitimate financing tool for Medicaid.
“There are decades of history of legislative and regulatory oversight, including a fair amount of fine tuning over that time, over the funding,” Salo said, referring to provider taxes.
Salo also said each provider tax in every state is carefully negotiated with the CMS in order to comply with federal regulations.
The CMS last provided guidance on the use of Medicaid provider taxes in a July 2014 letter that raised the possibility that some states were taxing only Medicaid managed care organization (MCO) services.
The guidance letter said the CMS was “concerned that such taxes are not consistent with applicable statutory and regulatory requirements because they target Medicaid providers and treat such providers differently for purposes of the tax from other individuals or entities.”
The Government Accountability Office also weighed in on provider tax oversight in a July 2014 report, finding that the CMS wasn't able to ensure it has accurate data on state Medicaid program financing .
Pitts and Guthrie also said the GAO previously has speculated that some states may be using provider taxes to raise their state Medicaid expenditures, which then allows them to receive more federal Medicaid funding.
The letter to the CMS asked for information on the oversight duties of the agency, including:
To contact the reporter on this story: James Swann in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Janey Cohen at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)