Congress and the Trump administration are trying to limit how much states can tax hospitals, nursing homes and other providers to help cover the cost of their Medicaid programs. - That could tie governors' and legislatures' hands at a critical moment.
Why it matters: The taxes have been a friction point for decades, but they're deeply ingrained in the safety net program. Every state except Alaska levies at least one type of provider tax to help cover the non-federal part of Medicaid spending. How it works: States typically cover about 30% of Medicaid costs annually and use general funds along with taxes on hospitals, nursing homes and even managed care organizations. The more they collect, the more they receive in federal matching funds. - That's key in the current debate over federal Medicaid spending, with projections showing that limiting provider taxes could reduce federal outlays by hundreds of billions over a decade.
The stakes are particularly high for red states. Mississippi, South Carolina, Utah and Alabama would all lose more than one-third of their federal Medicaid funding without the ability to levy provider taxes. State of play: The House Energy and Commerce Committee on Wednesday advanced a sweeping overhaul of Medicaid that would prevent states from establishing new provider taxes and freeze those taxes already on the books at their current rates. - Democrats unsuccessfully fought the move during a marathon 26-hour markup. But the committee ultimately advanced the restrictions and the rest of the legislation along party lines.
- The Congressional Budget Office estimated the restrictions would save about $87 billion through 2034.
Meanwhile, the Trump administration this week proposed additional restrictions on how states can structure their provider taxes. Seven states currently have waivers for provider taxes that would have to be restructured under the new policy, mostly for taxes on insurers. - That proposal alone, which mirrors another provision in the House reconciliation bill, would reduce federal Medicaid spending by $33 billion over five years, CMS estimates.
- "Every state is going to have a really different situation in front of them," said Morgan Craven, a director in ATI Advisory's state program and policy practice.
- "Because it's been such a part of the fabric of how so many states finance and deliver care, undoing that is going to be really complex, and states will need time and will need a really strategic lens for how they can sustainably undo these policies," she added.
Zoom out: Hospitals and patient advocates are concerned about the effects of such a foundational change in Medicaid financing. - "By freezing the taxes, the proposal ignores circumstances that drive increased health care costs including inflation, increased labor and drug costs, increased utilization and increased population demand for service," the American Hospital Association wrote in a statement to the Energy and Commerce Committee this week.
Yes, but: Hospital stocks actually gained, on the premise that the House's Medicaid changes could have been more onerous, per the Wall Street Journal. - And the CMS proposal suggested that the Trump administration won't further try to dock provider taxes outside of congressional efforts — good news for hospital investors, Capstone senior vice president Wylie Butler wrote in an analyst note.
What to watch: There are some signs that Senate Republicans aren't as interested in cracking down on provider taxes as their counterparts in the House. - "It's not that I think that provider taxes are good; it's that the Medicaid reimbursements have been insufficient," Sen. Susan Collins (R-Maine) told reporters this week.
- "Our rural hospitals in my state and across the country are really teetering."
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