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Shown Here: Introduced in House (09/14/2007)
110th CONGRESS 1st Session
H. R. 3533
To extend by one year the moratorium on implementation of
a rule relating to the Federal-State financial partnership under Medicaid and
the State Children’s Health Insurance Program and on finalization of a Medicaid
rule regarding graduate medical education.
IN THE HOUSE OF REPRESENTATIVES
September 14, 2007
Mr. Engel (for
himself and Mrs. Myrick) introduced
the following bill; which was referred to the
Committee on Energy and
Commerce
A BILL
To extend by one year the moratorium on implementation of
a rule relating to the Federal-State financial partnership under Medicaid and
the State Children’s Health Insurance Program and on finalization of a Medicaid
rule regarding graduate medical education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short title.
This Act may be cited as “The Public and Teaching Hospital Preservation
Act”.
SEC. 2.Extension of
moratorium on implementation of rule relating to the Federal-State financial
partnership under medicaid and SCHIP and on finalization of a rule relating to
the treatment of graduate medical education under medicaid.
(a) Findings.—Congress
makes the following findings:
(1) A
proposed rule was published on January 18, 2007, on pages 2236 through 2248 of
volume 72, Federal Register, and a rule purporting to finalize that rule was
published on May 29, 2007, on pages 29748 through 29836 of volume 72, Federal
Register (relating to parts 433, 447, and 457 of title 42, Code of Federal
Regulations). This rule would significantly change the Federal-State financial
partnership under the Medicaid and the State Children’s Health Insurance
Programs by—
(A) imposing a cost
limit on payments made under such programs to governmentally operated
providers;
(B) limiting the
permissible sources of the non-Federal shares required under such programs and
the types of entities permitted to contribute to such shares; and
(C) imposing new
requirements on participating providers and States under such programs.
(2) A
proposed rule was published on May 23, 2007, on pages 28930 through 28936 of
volume 72, Federal Register (relating to parts 438 and 447 of title 42, Code of
Federal Regulations) that would significantly change the scope of permissible
payments under Medicaid by removing the ability for States to make payments
related to graduate medical education.
(3) Permitting these
rules to take effect would drastically alter the Federal-State financial
partnership in Medicaid and the State Children’s Health Insurance Programs,
undermine the discretion traditionally accorded States, and have a negative
impact on States, providers, and beneficiaries in the following manner:
(A) Implementation of
the rule regarding the Federal-State financial partnership would force billions
of dollars of payment reductions to providers, thus hampering the ability of
impacted providers to provide essential services including allowing those
providers to be ready and available for emergency situations and to provide
care to the increasing numbers of uninsured.
(B) Implementation of
the rule regarding graduate medical education would force billions of dollars
in payment reductions to teaching hospitals, thus hampering the ability of
those providers to provide essential services including the education of the
next generation of medical professionals despite a shortage of medical
professionals.
(4) By including a
one-year moratorium in the U.S. Troop Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability Appropriations Act of 2007, Congress intended
to forestall administrative action to allow itself time to assess the proposals
and consider alternatives that would not negatively impact States, providers,
and beneficiaries.
(5) After
Congressional approval of the moratorium contained in the U.S. Troop Readiness,
Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of
2007, the Centers for Medicare & Medicaid Services on May 25, 2007,
submitted for publication its final rule, which was not significantly different
from the January proposed regulation.
(6) The publication of
a final rule in May regarding the Federal-State financial partnership was not
anticipated by Congress and accelerates the negative impact on States,
providers, and beneficiaries, thus undermining the intent of the moratorium
passed by Congress.
(7) The publication of
a proposed rule in May regarding graduate medical education was not anticipated
by Congress and undermines the intent of the moratorium passed by
Congress.
(8) Extension of the
moratorium is necessary to effectuate Congressional intent.
(b) Extension of
prohibition.—Section 7002(a)(1) of the U.S. Troop Readiness,
Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of
2007 (Public Law 110–28), is amended by striking “1 year” and
inserting “2 years”.