Update...Health Subcommittee Hearing - 80/20 Provision Discussion

Today, the U.S. House Energy and Commerce Subcommittee on Health held a hearing titled "Legislative Proposals to Increase Medicaid Access and Improve Program Integrity" that included discussions regarding the recently finalized Medicaid Access Rule that contains the 80/20 provision that HCAOA opposes. You can find HCAOA's statement in opposition to the 80/20 provision here. In coordination with the National Association for Home Care & Hospice (NAHC), HCAOA also submitted questions to the Committee prior to the hearing.

During the opening statements, Rep. Cathy McMorris Rodgers (R-WA-5), Chair of the full Committee, and Rep. Brett Guthrie (R-KY-2), Chair of the Subcommittee, both referenced Rep. Kat Cammack's (R-FL-3) bill, H.R.8114, that places a moratorium on the 80/20 provision, a bill that HCAOA supports. Rep. Frank Pallone, Jr. (D-NJ-6), the ranking Member of the full committee, opposed H.R.8114 and other Republican bills in his remarks.
 
Daniel Tsai, Deputy Administrator and Director of the Center for Medicaid and CHIP Services at CMS, referenced the 80/20 provision in his opening remarks.
 
During the question and answer session, Tsai responded to questions related to the 80/20 provision from Committee members, including Rep. Anna G. Eshoo (D-CA-16), ranking Member of the Subcommittee, Rep. Neal Dunn (R-FL-2), Rep. Troy Balderson (R-OH-12), Rep. Diana Harshbarger (R-TN-1), and Rep. Gus Bilirakis (R-FL-12). Tsai noted that CMS had clear data points to support the 80/20 ratio but failed to cite specific examples. He also proffered that states have required portions of Medicaid American Rescue Plan funding that are earmarked specifically for direct care workers to support CMS' 80/20 methodology but did not mention any specific state ratios. Tsai also referenced changes that CMS made in the final rule that excluded travel costs, training, etc. from the 80/20 calculation.
 
During her closing remarks, Rep. Eshoo (D-CA-16) affirmed her support for the 80/20 provision.
 
A copy of the recorded hearing is available here:
https://www.youtube.com/live/GrYp_ZhZ1qY?si=QXyLnA_oA1S7iaLG
 
HCAOA will continue to educate Members of Congress about the detrimental impacts of the 80/20 provision and will advocate in support of H.R.8114.
 
HCAOA also will offer a webinar for its members on the finalized Medicaid Access Rule in the near future. More information to come.