Happy third day of the government shutdown.
According to Twitter (which is not always correct – shocker), the government shutdown may be lifted momentarily. At least, according to Jamie Dupree’s Twitter account, “From the Senate hallways – it seems like there are enough votes now to fund the government & end the shutdown.”
But, as of now, the government shutdown remains in effect, after Senators failed to come to an agreement to end it, late Sunday night. A vote is is ongoing that could end the shutdown with a short-term, spending bill that would last three weeks. A short-term answer to a much bigger problem is like putting a band-aid on a broken leg. In other words, a shutdown can happen again in three weeks. So, even if the shutdown is thwarted today, it may not matter. For future government shutdowns, we need to explore the consequences of a shutdown as it pertains to health care.
If you are a health care provider who accepts Medicare and/or Medicaid, then you are probably worried about the consequences of a federal government shutdown. As in, will you get your reimbursements for services rendered? We are currently on Day 3.
Health Care Related Consequences
The Department of Health and Human Services (DHHS) will send home — or furlough — about half of its employees, or nearly 41,000 people, according to an HHS shutdown contingency plan released this past Friday.
According to the HHS plan, the CDC will suspend its flu-tracking program.
It depends. If the shutdown is short, medical providers will continue to receive reimbursements. If the shutdown is prolonged, reimbursements could be affected. As with Medicaid, Medicare has funding sources that don’t depend on Congress passing annual spending bills. Again, beneficiaries and providers should not be affected by a shutdown, unless it is prolonged.
States already have their funding for Medicaid through the second quarter, or the end of June, so no shortfall in coverage for enrollees or payments to providers is expected. Enrolling new Medicaid applicants is a State function, so that process should not be affected. Federal funding for the health insurance program for the low-income population is secure through the end of June.
States also handle much of the Children’s Health Insurance Program (CHIP), which provides coverage for lower-income children whose families earn too much to qualify for Medicaid. But federal funding for CHIP is running dry — its regular authorization expired on Oct. 1, and Congress has not agreed on a long-term funding solution. However, federal employees, who are necessary to make payments to states running low on funds will continue to work during a shutdown. The definition of “necessary?” Up in the air.
With a shutdown, there will be no new mental health or social services grants awarded and less monitoring of existing grants. The HHS departments most involved in issuing grants to health-care providers around the country would be particularly affected by the shutdown because more of their employees are furloughed. This includes the Substance Abuse and Mental Health Services Administration and the Administration for Children and Families.
The FDA’s food-safety inspection program hits pause. “FDA will be unable to support the majority of its food safety, nutrition and cosmetics activities,” the HHS contingency plan says. The exception is meat and poultry inspections carried out by the Agriculture Department’s Food Safety and Inspection Service.
Not health care related, but NASA tweeted “Sorry, but we won’t be tweeting/responding to replies during the government shutdown. Also, all public NASA activities and events are cancelled or postponed until further notice. We’ll be back as soon as possible! Sorry for the inconvenience.”
Is this legal? Well, as it pertains to Medicare and Medicaid providers receiving reimbursements, the government is required to follow the law.
42 CFR 422.520 require that the contract between CMS and the MA organization must provide that the MA organization will pay 95 percent of the “clean claims” within 30 days of receipt if they are submitted by, or on behalf of, an enrollee of an MA private fee-for-service plan or are claims for services that are not furnished under a written agreement between the organization and the provider.
42 CFR 447.45 requires that the Medicaid agency must pay 90 percent of all clean claims from practitioners, who are in individual or group practice or who practice in shared health facilities, within 30 days of the date of receipt.
Part D has a similar regulation, as does all Medicare and Medicaid service types.
Theoretically, if a government shutdown causes the federal or state government to violate the regulations that instruct those agencies to pay providers within 30 days, then providers would have a legal cause of action against the federal and/or state governments for not following the regulations.
Hey, have you heard??? Our federal government has shut down. So why am I still getting mail???
Unless you have lived under a rock for the past couple weeks, you are aware that our esteemed federal government has shut down. At least…partially. I keep getting mail. Social security is still getting paid. But don’t you dare try to visit a national monument…those are off-limits!! Really? Who decided what gets shut down and what stays open? How is it that I still get my cable bill, but cannot visit Yellowstone National Park??
How is all this tomfoolery affecting Medicaid? Minimally, in most areas, but Medicaid fundings HAS STOPPED in Washington D.C.
Why stop Medicaid funding in D.C. when the federal air traffic controllers are still working. The State Department continues processing foreign applications for visas and U.S. applications for passports. The federal courts are open. The National Weather Service is still working. Student loans are still getting paid. The Veterans’ hospitals are all up and running. The military is still working. I guess, Obama and White House staff are still working. (Although Obama could be on the golf course). The Post Office is delivering mail.
Yet, here are some random federal actions and agencies that are actually stopped/closed: Food safety inspections are suspended; U.S. food inspections abroad have also been stopped. Auto recalls and investigations of safety defects are stopped. Taxpayers, who filed for an extension in the spring, still have to pay their taxes by today, yet the IRS is not processing tax returns (How does this make sense??). The Consumer Product Safety Commission (CSPC) is not working. (Great, after the CPSC starts working again, there are sure to be numerous lawsuits based on new product defects that have been placed in the market over the last 2 weeks). The Environmental Protection Agency (EPA) has ceased to run, which means we have two weeks of allowable pollution. Many at the Federal Bureau of Investigations (FBI) and the federal housing agency are furloughed.
How does this shutdown make any sense?? Who determined that the IRS should not process tax returns, but should accept taxes? Who decided that safety inspections should be stopped, but passports should still be processed?
That safety inspections of food and products should halt, but students should still get federal loans.
Where is the logic?
It is as if someone said, “Shutdown the federal government!! Except not the mail, passports, and the weather service…keep those running!”
And then Medicaid in D.C…. Why did Medicaid funding stop only in D.C.?? While I still think if the mail is being delivered that D.C. providers could get Medicaid fundings, I will attempt to explain the illogical reason below:
Because D.C. is not a state. D.C. is a local government without a state, so its budget must be authorized by U.S. Congress. And Congress has not passed a budget.
D.C. has $2.7 billion budgeted for Medicaid, but providers are getting nothing (and, quite possibly, some recipients). I can only imagine how this is negatively impacting health care providers in D.C. I am sure many of the providers are still rendering services unpaid. But some, I would imagine, are closing up shop. I know I could not last financially without a paycheck for 3 months. I am sure many of the D.C. providers are no different.
But it still makes no sense. Just like NC, D.C. pays for about 30% of Medicaid with the federal government reimbursing about 70%. If NC’s federal reimbursements are still being paid, why not in D.C.?
And why am I still getting mail????
Well, my heart goes out to all the Medicaid providers and Medicaid recipients in D.C. I hope you receive Medicaid fundings very soon.
Although, at least D.C. providers know that, at some point, the Medicaid funds will be funded; whereas in NC we still have NCTracks.