About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (November 14, 2019)

handle is hein.crs/govbbpt0001 and id is 1 raw text is: 





-'                              .r~ .........


                                                                                     Updated November  14, 2019

Medicaid Disproportionate Share Hospital (DSH) Reductions


The Medicaid statute requires states to make
disproportionate share hospital (DSH) payments to
hospitals treating large numbers of low-income patients.
This provision is intended to recognize the disadvantaged
financial situation of those hospitals because low-income
patients are more likely to be uninsured or Medicaid
enrollees. Hospitals often do not receive payment for
services rendered to uninsured patients, and Medicaid
provider payment rates are generally lower than the rates
paid by Medicare and private insurance. (See CRS Report
R42865, Medicaid Disproportionate Share Hospital
Payments.)

Whereas most federal Medicaid funding is provided on an
open-ended basis, federal Medicaid DSH funding is capped.
Each state receives an annual DSH allotment, which is the
maximum   amount of federal matching funds that each state
is permitted to claim for Medicaid DSH payments. In
FY2019, federal DSH allotments totaled $12.6 billion.

DSH Al            nReduction Amounts
The Patient Protection and Affordable Care Act (ACA; P.L.
111-148, as amended) has reduced the number of uninsured
individuals in the United States through the health
insurance coverage provisions (including the ACA
Medicaid expansion). Built on the premise that with fewer
uninsured individuals there should be less need for
Medicaid DSH  payments, the ACA included a provision
directing the Secretary of the Department of Health and
Human  Services (HHS) to make aggregate reductions in
Medicaid DSH  allotments equal to $500 million in FY2014,
$600 million in FY2015, $600 million in FY2016, $1.8
billion in FY2017, $5.0 billion in FY2018, $5.6 billion in
FY2019,  and $4.0 billion in FY2020.

Despite the assumption that decreasing the number of
uninsured individuals would reduce the need for Medicaid
DSH  payments, the ACA was written so that, after the
specific reductions for FY2014 through FY2020, DSH
allotments would have returned to the amounts that states
would have received without the enactment of the ACA. In
other words, in FY202 1, states' DSH allotments would
have rebounded to their pre-ACA-reduced levels, with
annual inflation adjustments for FY2014 to FY2021.

Since the ACA, a number of laws have amended the ACA
Medicaid DSH  reductions by eliminating the reductions for
FY2014  through FY2019, changing the reduction amounts,
and extending the reductions through FY2025. The specific
laws that have amended the Medicaid DSH reductions are

*  the Middle Class Tax Relief and Job Creation Act of
   2012 (P.L. 112-96),


*  the American Taxpayer Relief Act of 2012 (P.L. 112-
   240),

*  the Bipartisan Budget Act of 2013 (P.L. 113-67),

*  the Protecting Access to Medicare Act of 2014 (P.L.
   113-93),

*  the Medicare Access and CHIP Reauthorization Act of
   2015 (P.L. 114-10),

*  the Bipartisan Budget Act of 2018 (BBA 2018; P.L.
   115-123), and

*  Continuing Appropriations Act, 2020, and Health
   Extenders Act of 2019 (P.L. 116-59).

Under current law, the aggregate reductions to the Medicaid
DSH  allotments equal $4.0 billion for the period beginning
November  22, 2019, and ending September 30, 2020, and
$8.0 billion for each year from FY2021 through FY2025.

Figure 1 shows estimates of aggregate DSH allotments for
FY2012  through FY2028 before the ACA reductions, with
the ACA  reductions, and under current law. The ACA
reductions totaled $18.1 billion, and under current law the
DSH  allotment reductions total $44.0 billion.

Figure I. Total DSH Allotments  Before the
Reductions, with the ACA   Reductions, and Under
Current  Law


$8Ions
s18  ...


                  Reductions

$ 12 ~    ~

$ 9

               Reductions         0    Under
                                      Current
                                        Law


FY12


FY16


FY24


Source: CRS calculation.
Notes: The consumer price index for all urban consumers used to
inflate the DSH allotments is based on the factors built into
Congressional Budget Office, The Budget and Economic Outlook: Fiscal
Years 2018 to 2028, April 2018. DSH allotments are different from
DSH expenditures. Allotments reflect the maximum amount of
federal DSH funding available to states, and DSH expenditures are
the amounts paid to hospitals.


ncv


Before


N10
ILU           mgnowgo

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most