The Saving Hospitals Saves Lives Coalition has been a powerful advocate in the ongoing battle with CMS and their misguided attempts to limit Medicaid funding through their attacks on provider assessments, as evidenced through the coalition's relentless advocacy work.
Saving Hospitals Saves Lives CMS Deck
August 17, 2023
We will not allow health equity to be a mere aspiration. The need is immediate. The time to act is now. SHSL’s August 2023 presentation shows the importance of Medicaid for our marginalized brothers and sisters and the threat posed by the 2023 CMS Informational Bulletin and proposed rule.
Amicus Curae
September 22, 2023
Florida’s Medicaid safety net is at risk. SHSLC, in partnership with the National Minority Quality Forum, filed an amicus brief to stop CMS policies that “directly threaten access to care for children, the elderly, new mothers, and infants – particularly - in urban and rural areas and areas with high minority populations.”
Letter: National Action Network (NAN) Comment on Proposed Managed Care Rule
June 16, 2023
Objecting to CMS' use of the net effect test, the curtailing of access to federal court, and an overall undermining of the safety net of Black and minority communities, Reverend Al Sharpton and the National Action Network stand alongside us as allies in the fight against CMS in their letter to Secretary Beccera and Administrator Brooks-LaSure.
Saving Hospitals Saves Lives MFAR Impact Bulletin
2023
“CMS’ resurrection of MFAR policy changes threatens Medicaid funding sources and access to healthcare services.” SHSLC’s bulletin discusses the potential catastrophic financial ramifications to Medicaid funding, and the communities that would be disproportionately impacted.
LETTER: Florida GOP Delegation on Medicaid Information Bulletin
May 1, 2023
“[I]t is abundantly clear that CMS has not sufficiently assessed the substantial consequences this proposed rule would have on both the providers serving and the beneficiaries relying on Medicaid program services[.]” The Florida GOP Delegation writes to Secretary Xavier Becerra to express their concern over the Informational Bulletin echoing themes from withdrawn MFAR policy.
LETTER: Florida Democrat Delegation on Directed Payment Program to CMS
September 19, 2023
Awaiting the approval of Florida's Hospital Directed Payment Program, the Florida Democrat Delegation urges CMS to reauthorize the directed payment program, as millions of Floridians depend on this program and Medicaid for health coverage.
LETTER: Texas Democrat Delegation Letter to CMS and HHS on Proposed Managed Care Rule
September 27, 2023
“The threats to access that these changes present simply cannot be sustained by the Texans who need them the most “The Texas Democrat Delegation pen a letter to CMS and HHS expressing their deep concerns over the threats to healthcare access that the proposed Medicaid Managed Care Rule poses.
LETTER: Texas GOP Delegation Letter to CMS and HHS on Proposed Managed Care Rule
September 29, 2023
Quoting Judge Kernodle’s ruling that “CMS may not rewrite clear statutory terms to suit its own sense of how the statute should operate,” the Texas GOP Delegation writes to CMS and HHS expressing their concern over the proposed changes to Medicaid financing released this year through the Informational Bulletin and the proposed managed care rule.
LETTER: NAACP Bishop James Dixon on Reinstatement of Medicaid Supplemental Payments
March 8, 2022
“Killing Medicaid Supplemental funding payments is equivalent to killing people.” The Houston NAACP Branch announced a press conference on the steps of the federal courthouse calling for the reinstatement of Medicaid supplemental payments.
LETTER: Bishop James Dixon to CMS' Deputy Administrator Daniel Tsai
May 3, 2023
“The Bulletin’s policies decimate the safety net and destroy access to healthcare for the most vulnerable among us.” In a letter to CMS’ Deputy Administrator Daniel Tsai, Bishop James Dixon points out inconsistencies in the statements made by CMS and HHS regarding the Informational Bulletin, calls out the narrow focus of the Net Effect Test, and offers to develop a study on the impact on racial equity that the Bulletin seeks to formalize.
Additional Resources
Comprehensive Timeline of CMS' Responsive Actions Towards Private Agreements
A comprehensive timeline of CMS’ responsive actions towards states regarding private agreements between providers dating back to 1993, including a 2018 HHS OIG review that concluded “taxes in these states were compliant because “[t]he States did not directly guarantee to hold hospitals harmless for the taxes, and hospital taxes did not exceed the threshold of 6 percent in the first prong of the indirect guarantee test.”
Net Effect Test
“The Net Effect Test has historically been used to challenge facially neutral law that disparately impact marginalized communities…the same communities that Medicaid was meant to defend.” CMS has announced they will consider the net effect of financial ties between private hospitals, significantly narrowing the net effect standard.
MFAR Bulletin and Proposed Managed Care Rule Comparison Chart
“The Bulletin and the proposed Medicaid Managed Care Rule are a significant and inappropriate shift in policy, inconsistent with current law.” The issues in the withdrawn MFAR policy are repeated in the Informational Bulletin and the proposed Managed Care Rule as evidenced in this chart.