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February 21, 2023 Newswires
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Congressional Research Service: 'Medicaid – An Overview' (Part 2 of 2)

Targeted News Service

WASHINGTON, Feb. 21 -- The Congressional Research Service issued the following report (No. R43357) on Feb. 8, 2023, entitled "Medicaid: An Overview:"

(Continued from Part 1 of 2)

* * *

Beneficiary Cost Sharing

Federal statutes and regulations address the circumstances under which enrollees may share in the costs of Medicaid, (1) in terms of participation-related cost sharing (e.g., monthly premiums), (2) point-of-service cost sharing (e.g., co-payments [i.e., flat dollar amounts paid directly to providers for services rendered]), and (3) share of cost for certain LTSS.

For the first two types of enrollee cost sharing, states can require certain beneficiaries to share in the cost of certain Medicaid services, but there are limits on (1) the amounts that states can impose, (2) the beneficiary groups that can be required to pay, and (3) the services for which cost sharing can be charged./47

In general, premiums and enrollment fees often are prohibited. However, premiums may be imposed on certain enrollees, such as individuals with incomes above 150% of FPL, certain working individuals with disabilities, and certain children with disabilities.

States can impose cost sharing at the point of service, such as co-payments,/48 coinsurance,/49 deductibles,/50 and other similar charges, on most Medicaid-covered benefits up to federal limits that vary by income. Some subgroups of beneficiaries are exempt from cost sharing (e.g., children under 18 years of age and pregnant women).

The aggregate cap on participation-related cost sharing (e.g., monthly premiums) and point-of-service cost sharing (e.g., co-payments) is generally up to 5% of monthly or quarterly household income./51

For the third type of enrollee cost sharing, which applies to certain enrollees receiving Medicaid-covered LTSS, states are required to apply enrollees monthly income toward the cost of their care under post-eligibility treatment of income (PETI) rules./52 These reductions in monthly income are not subject to the 5% aggregate cost-sharing cap described above. The amounts an enrollee may retain for their personal use vary by care setting (i.e., nursing facility versus home and community-based).

Service Delivery Systems

In general, most benefits to Medicaid enrollees are delivered and paid for via two service delivery systems: fee-for-service (FFS) or managed care. Under the FFS delivery system, health care providers are paid by the state Medicaid program for each service provided to a Medicaid enrollee. Under the managed care delivery system, Medicaid enrollees get some or all of their services through an organization under contract with the state.

States traditionally have used the FFS service delivery model for Medicaid, but since the 1990s, the share of Medicaid enrollees covered by the managed care model has increased dramatically. Initially, states used managed care to deliver health care services to the healthiest Medicaid populations, including children and parents. However, recently, more states are turning to managed care for their aged and disabled populations.

There are three main types of Medicaid managed care:

* Comprehensive risk-based managed care - states contract with managed care organizations (MCOs) to provide a comprehensive package of benefits to certain Medicaid enrollees. States usually pay the MCOs on a capitated basis, which means the states prospectively pay the MCOs a fixed monthly rate per enrollee to provide or arrange for most health care services. MCOs then pay providers for services to enrollees.

* Primary care case management (PCCM) - states contract with primary care providers to provide case management services to Medicaid enrollees. Typically, under PCCM, the primary care provider receives a monthly case management fee per enrollee for coordination of care, but the provider continues to receive fee-for-service payments for the medical care services utilized by Medicaid enrollees.

* Limited benefit plans - these plans look like MCOs in that states usually contract with a plan and pay it on a capitated basis. The difference is that limited benefit plans provide coverage for only one or two Medicaid services (e.g., behavioral health or dental services).

As of July 1, 2020, almost 84% of Medicaid enrollees were covered by some form of managed care./53 Four states (Hawaii, South Carolina, Virginia, and Washington) covered all Medicaid enrollees under managed care, and two states (Alaska and Connecticut) did not have any managed care coverage. The rest of the states use some combination of managed care and FFS coverage./54

The most prevalent type of managed care is the comprehensive risk-based managed care that is provided through MCOs, with 72% of Medicaid enrollees with comprehensive risk-based managed care as of July 1, 2020./55 States' use of comprehensive risk-based managed care varies significantly, as shown in Figure 5.

* * *

47 SSA Sec.Sec.1916 and 1916A. For more information about these limits, see CMS, Cost Sharing Out of Pocket Costs, at https://www.medicaid.gov/medicaid/cost-sharing/out-of-pocket-costs/index.html.

48 A co-payment is a specified dollar amount for each item or service delivered.

49 Coinsurance is a specified percentage of the cost or charge for a specific service delivered.

50 A deductible is a specified dollar amount paid for certain services rendered during a specific time period (e.g., per month or quarter) before health coverage (e.g., Medicaid) begins to pay for care.

51 SSA Sec.1916A.

52 SSA Sec.1902(q), 42 C.F.R. 435.733. SSA Sec.1915(c), 42 C.F.R. 435.735. For further information on these Post-Eligibility Treatment of Income rules, see CRS Report R43506, Medicaid Financial Eligibility for Long-Term Services and Supports.

53 This figure excludes Medicaid enrollment in the territories. (CMS, Medicaid Managed Care Enrollment and Program Characteristics, 2020, Table 4, Spring 2022, at https://www.medicaid.gov/medicaid/managed-care/enrollment-report/index.html.)

54 Ibid.

55 Ibid.

* * *

Figure 5. Percentage of Medicaid Enrollees with Comprehensive Risk-Based Managed Care, by State

Source: CMS, Medicaid Managed Care Enrollment and Program Characteristics, 2020, Table 4, Spring 2022, at https://www.medicaid.gov/medicaid/managed-care/enrollment-report/index.html.

Notes: Medicaid enrollment in comprehensive managed care represents an unduplicated count of Medicaid beneficiaries enrolled in a managed care plan that provides comprehensive benefits (acute, primary care, specialty, and any other), as well as Programs for All-Inclusive Care for the Elderly (PACE). It excludes enrollees in the territories and enrollees who are enrolled in a Financial Alignment Initiative Medicare-Medicaid Plan as their only form of managed care.

* * *

Financing

The federal government and the states jointly finance Medicaid./56 The federal government reimburses states for a portion (i.e., the federal share) of each state's Medicaid program costs. Because federal Medicaid funding is an open-ended entitlement to states, there is no upper limit or cap on the amount of federal Medicaid funds a state may receive. In FY2021, Medicaid expenditures totaled $748 billion. The federal share totaled $518 billion and the state share was $231 billion./57

Federal Share

The federal government's share of most Medicaid expenditures is established by the federal medical assistance percentage (FMAP) rate, which generally is determined annually and varies by state according to each state's per capita income relative to the U.S. per capita income./58 The formula provides higher FMAP rates, or federal reimbursement rates, to states with lower per capita incomes, and it provides lower FMAP rates to states with higher per capita incomes.

FMAP rates have a statutory minimum of 50% and a statutory maximum of 83%./59 For a state with an FMAP of 60%, the state gets 60 cents back from the federal government for every dollar the state spends on its Medicaid program. In FY2023, FMAP rates range from 50% (12 states) to 77.86% (Mississippi)./60

During the COVID-19 public health emergency period, the FFCRA provides a 6.2-percentagepoint increase to the regular FMAP rates for all states, the District of Columbia, and the territories that meet certain conditions./61 The FFCRA FMAP increase began on January 1, 2020, and the FFCRA FMAP increase is set to phase out from April 1, 2023, through December 31, 2023./62

The FMAP rate is used to reimburse states for the federal share of most Medicaid expenditures. Exceptions to the regular FMAP rate have been made for certain states (e.g., the District of Columbia and the territories), situations (e.g., during economic downturns), populations (e.g., the ACA Medicaid expansion population and certain women with breast or cervical cancer), providers (e.g., Indian Health Service facilities), and services (e.g., family planning and home health services). In addition, the federal share for most Medicaid administrative costs does not vary by state and is generally 50%.

While most federal Medicaid funding is provided on an open-ended basis, certain types of federal Medicaid funding are capped. For instance, federal disproportionate share hospital (DSH)/63 funding to states cannot exceed a state-specific annual allotment. Also, Medicaid programs in the territories (i.e., American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands) are subject to annual spending caps./64

* * *

56 For more information about Medicaid financing and expenditures, see CRS Report R42640, Medicaid Financing and Expenditures.

57 May not sum to totals due to rounding. (CMS, Form CMS-64 Data as reported by states to the Medicaid Budget and Expenditure System, as of July 19, 2022, https://www.medicaid.gov/medicaid/financial-management/state-expenditurereporting-for-medicaid-chip/expenditure-reports-mbescbes/index.html.)

58 For more detail about the federal medical assistance percentage (FMAP) rate, see CRS Report R43847, Medicaid's Federal Medical Assistance Percentage (FMAP).

59 SSA Sec.1905(b).

60 HHS, "Federal Financial Participation in State Assistance Expenditures; Federal Matching Shares for Medicaid, the Children's Health Insurance Program, and Aid to Needy Aged, Blind, or Disabled Persons for October 1, 2022 Through September 30, 2023," 86 Federal Register 67479, November 26, 2021, https://www.federalregister.gov/documents/2021/11/26/2021-25798/federal-financial-participation-in-state-assistance-expenditures-federal-matchingshares-for.

61 For more information about the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) FMAP increase and the conditions for states to receive this increase, see CRS Report R46346, Medicaid Recession-Related FMAP Increases.

62 Initially, the FFCRA FMAP increase was set to end on the last day of the calendar quarter in which the COVID-19 public health emergency period ends, but the Consolidated Appropriations Act, 2023 (P.L. 117-328) delinks the FFCRA FMAP increase from the COVID-19 public health emergency period and begins phasing down the FMAP increase on April 1, 2023.

63 For more information about Medicaid DSH payments, see CRS Report R42865, Medicaid Disproportionate Share Hospital Payments.

64 For more information about Medicaid funding for the territories, see CRS In Focus IF11012, Medicaid Financing for the Territories.

* * *

Medicaid is a federal entitlement to states, and in federal-budget parlance entitlement spending is categorized as mandatory spending, which is also referred to as direct spending. Although most mandatory spending programs bypass the annual appropriations process and automatically receive funding each year according to either permanent or multiyear appropriations in the substantive law, Medicaid is funded in the annual appropriations acts. For this reason, Medicaid is referred to as an appropriated entitlement./65

State Share

The federal government provides broad guidelines to states regarding allowable funding sources for the state share (also referred to as the nonfederal share) of Medicaid expenditures. However, to a large extent, states are free to determine how to fund their share of Medicaid expenditures. As a result, there is significant variation from state to state in funding sources.

States can use state general funds (i.e., personal income, sales, and corporate income taxes) and other state funds (e.g., provider taxes,/66 local government funds, tobacco settlement funds) to finance the state share of Medicaid. Federal statute allows as much as 60% of the state share to come from local government funding./67 Federal regulations also stipulate that the state share not be funded with federal funds (Medicaid or otherwise)./68 In state FY2021, on average, 70% of the state share of Medicaid expenditures was financed by state general funds, and the remaining 30% was financed by other state funds./69

Expenditures

Enrollment increases due to expansions of eligibility and economic downturns account for much of Medicaid's expenditure growth over time. However, Medicaid expenditures are influenced by economic, demographic, and programmatic factors, along with health innovations and advances. Economic factors include health care prices, unemployment rates,/70 and individuals' wages. Demographic factors include population growth and the age distribution of the population. Programmatic factors include state decisions regarding optional eligibility groups, optional services, and provider payment rates. Other factors include the number of eligible individuals who enroll, utilization of covered services, and enrollment in other health insurance programs (including Medicare and private health insurance).

Figure 6 shows actual Medicaid expenditures from FY1997 to FY2021 broken down by state and federal expenditures. In FY2021, Medicaid spending on services and administrative activities in the 50 states, the District of Columbia, and the territories totaled $748 billion./71

* * *

65 For more information about appropriated entitlements, see CRS Report RS20129, Entitlements and Appropriated Entitlements in the Federal Budget Process.

66 States are able to use revenues from health care provider taxes to help finance their share of Medicaid expenditures as long as the provider tax is broad-based and uniform. For more information about provider taxes, see CRS Report RS22843, Medicaid Provider Taxes.

67 SSA Sec.1902(a)(2).

68 42 C.F.R. 433.51(c).

69 National Association of State Budget Officers, State Expenditure Report: 2022 State Expenditure Report Fiscal Years 2020-2022, 2022, at https://www.nasbo.org/reports-data/state-expenditure-report.

70 For information about how the unemployment rate affects Medicaid enrollment, see CRS In Focus IF11686, Impact of the Recession on Medicaid and CRS Report R46346, Medicaid Recession-Related FMAP Increases.

71 CMS, Form CMS-64 Data as reported by states to the Medicaid Budget and Expenditure System, as of July 19, 2022, https://www.medicaid.gov/medicaid/financial-management/state-expenditure-reporting-for-medicaid-chip/expenditurereports-mbescbes/index.html.

* * *

Figure 6. Federal and State Actual Medicaid Expenditures (FY1997-FY2021)

Sources: CMS, Form CMS-64 Data as reported by states to the Medicaid Budget and Expenditure System, as of July 19, 2022, at https://www.medicaid.gov/medicaid/financial-management/state-expenditure-reporting-formedicaid-chip/expenditure-reports-mbescbes/index.html.

Note: The expenditures shown in this figure are total Medicaid expenditures, which include both administrative and benefit spending.

* * *

Historically, in a typical year, the average federal share of Medicaid expenditures was about 57%, which means the average state share was about 43%. However, the federal government's share of Medicaid expenditures increased since the implementation of the ACA Medicaid expansion in January 2014, because the federal government is funding a vast majority of the cost of the expansion through the enhanced federal matching rates./72 In addition, the FFCRA 6.2-percentagepoint increase to the FMAP rates during the COVID-19 public health emergency has increased the federal share of Medicaid since January 2020. In FY2021, the average federal share of Medicaid is estimated to have been 69%./73

Medicaid Program Waivers

The Social Security Act authorizes several waiver and demonstration authorities to provide states with the flexibility to operate their Medicaid programs. Waiver authorities permit states to disregard certain requirements and operate their programs outside of Medicaid rules. States submit waiver specifications or proposals outlining the demonstration program to CMS for approval prior to implementation. Under the various waiver authorities, states may try new or different approaches to the delivery of health care services or adapt their programs to the special needs of particular geographic areas or groups of Medicaid enrollees .

* * *

72 For more information about the enhanced federal matching rates for the ACA Medicaid expansion, see CRS In Focus IF10399, Overview of the ACA Medicaid Expansion.

73 CMS, Form CMS-64 Data as reported by states to the Medicaid Budget and Expenditure System, as of July 19, 2022, https://www.medicaid.gov/medicaid/financial-management/state-expenditure-reporting-for-medicaid-chip/expenditurereports-mbescbes/index.html.

* * *

Each waiver authority has a distinct purpose and specific requirements. The statutory requirements that may be waived under each type of waiver are different, but all types of waivers are time limited and approvals may be subject to reporting and evaluation requirements. In addition, certain waivers types must comply with various financing requirements (e.g., budget neutrality,/74 cost-effectiveness,/75 or cost-neutrality)./76 The primary Medicaid waiver authorities include the following:

* Section 1115 Research and Demonstration Projects - SSA Section 1115 authorizes the HHS Secretary to waive Medicaid requirements contained in SSA Section 1902 (including but not limited to rules regarding freedom of choice of provider, comparability of services, and statewideness) and/or provide expenditure authority for expenditures that do not otherwise qualify for federal financial participation under SSA Section 1903 (referred to as costs not otherwise matchable) in order to permit states to conduct experimental, pilot, or demonstration projects that, in the judgment of the Secretary of HHS, are likely to assist in promoting the objectives of the Medicaid program. States use this waiver authority in a variety of ways, for example, to change eligibility criteria to offer coverage to new groups of people; to condition Medicaid eligibility on an enrollee's ability to meet work or other community engagement requirements; to provide services that are not otherwise covered such as temporary housing support or other health-related social needs for specified populations; to offer different service packages or a combination of services in different parts of the state (e.g., coverage of nonelderly adults who are patients in institutions for mental disease);/77 to cap program enrollment, and to implement innovative service delivery systems.

* Section 1915(b) Managed Care/Freedom of Choice Waivers--SSA Section 1915(b) authorizes the HHS Secretary to waive the freedom of choice of provider requirement to establish mandatory managed care programs or otherwise limit enrollees' choice of providers./78

* Section 1915(c) Home and Community-Based Services Waivers--SSA Section 1915(c) authorizes the HHS Secretary to waive requirements regarding comparability of services and statewideness in covering a broad range of HCBS (including services not available under the Medicaid state plan) for certain persons with LTSS needs. States also may waive certain income and resource rules applicable to persons in the community, which means that a spouse's or parent's income and, to some extent, resources are not considered available to the applicant for the purposes of determining Medicaid financial eligibility. States may use Section 1915(c) concurrently with other waiver authorities. For example, states may combine Sections 1915(b) and 1915(c) authorities to offer mandatory managed care for HCBS.

States often operate multiple waiver programs with their state plans. Key characteristics of these primary Medicaid waiver authorities compared with state plan requirements are summarized in Table 2.

* * *

74 Budget neutrality means the estimated spending under the waiver cannot exceed the estimated cost of the state's Medicaid program without the waiver.

75 Cost-effectiveness means the cost of payments under managed care cannot exceed the cost of fee-for-service absent the waiver.

76 Under the cost-neutrality test, expenditures under the waiver may not exceed the cost of institutional care that would have been provided to waiver recipients absent the waiver.

77 For information about the institutions for mental disease exclusion, see CRS In Focus IF10222, Medicaid's Institutions for Mental Disease (IMD) Exclusion.

78 There are four types of authorities under SSA Sec.1915(b) that states may request: (b)(1) allows states to require Medicaid beneficiaries to enroll in managed care; (b)(2) allows states to designate a "central broker" to assist Medicaid beneficiaries in choosing among competing health care plans; (b)(3) allows states to use cost savings made possible through the recipients' use of more cost-effective medical care to provide additional services; and (b)(4) allows states to limit the beneficiaries' choice of providers (except in emergency situations, for recipients residing in a long-term care facility, and with respect to family planning services).

* * *

Table 2. Key Characteristics of the Primary Medicaid Waiver Authorities Compared to State Plan Requirements

Source: Prepared by CRS based on program rules and regulations.

a. This waiver count identifies operational Section 1115 demonstration programs (including disaster-related Section 1115 waivers) as posted on the Centers for Medicare & Medicaid (CMS) website, as of December 19, 2022. Operational waivers are defined as Section 1115 waivers that have been granted CMS approval (and agreed upon by the state) for a current effective period as specified in the waiver Special Terms and Conditions (STCs), or as otherwise specified through a CMS waiver approval letter (e.g., a CMS approval letter that grants a temporary extension for all [or part] of the underlying demonstration waiver). This count may include waivers that are pending implementation as long as there is official documentation to show that the state has accepted the waiver conditions as outlined in the STCs and related documents (e.g., extension letters, amendment letters). For a list of operational Section 1115 waivers and official waiver-related correspondence, see Medicaid.gov, "State Waivers List," at https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/index.html.

b. The waiver counts for Section 1915(b) and (c) waiver programs are the number of waivers listed as "approved" on the CMS website as of December 15, 2022.

c. Waiving the statewideness requirement (as permitted under Sec.1902[a][1] of the Social Security Act [SSA]) allows states to target waivers to particular areas of the state where the need is greatest or where certain types of providers are available, for example.

d. Waiving comparability of services (SSA Sec.1902[a][10][B]) allows states to target waiver services to particular groups of individuals or to target services on the basis of disease or condition.

e. Waiving the freedom of choice requirement (SSA Sec.1902[a][23]) allows states to implement managed care delivery systems or otherwise limit choice of provider.

f. Waiving income and resource rules applicable to the community (SSA Sec.1902[a][10][C][i][III])) means that a spouse's or parent's income and, to some extent, resources are not considered available to the applicant for the purposes of determining Medicaid financial eligibility.

g. States may seek CMS approval to provide expenditure authority for expenditures that do not otherwise qualify for federal financial participation under SSA Sec.1903.

* * *

During public health emergencies, additional waiver authorities are available under the Medicaid program (see textbox "Emergency-Related Authorities").

* * *

Emergency-Related Authorities

Medicaid plays a critical role in helping states respond to public health emergencies (e.g., the COVID-19 public health emergency), as well as natural and human-made disasters. The Centers for Medicare & Medicaid Services (CMS) and state Medicaid agencies rely on emergency-related authorities for additional flexibility to support program operations and enrollee health care needs during times of crises. Key emergency statutory and waiver authorities include the following:

Disaster Relief State Plan Amendments. State plan amendments allow states to revise Medicaid eligibility, enrollment, and benefit requirements in their state plan for the duration of a disaster or emergency.

Disaster-Related Section 1115 Waivers. In an emergency, Section 1115 waivers may be approved without regard to normal process-related requirements and do not need to be budget neutral to the federal government.

Section 1915(c) Appendix K Waivers. Appendix K is a stand-alone appendix that states may use during emergency situations to request amendments to existing1915(c) Home and Community Based waivers.

Section 1135 Waivers. When certain emergency conditions are met, Section 1135 waivers allow the Department of Health and Human Services (HHS) Secretary to temporarily waive Medicaid statutory requirements, such as provider licensure, to ensure sufficient health care items and services are available to meet the needs of enrollees in an emergency area.

Notes: For more information, see CMS, Medicaid and CHIP Coverage Learning Collaborative, Inventory of Medicaid and CHIP Flexibilities and Authorities in the Event of a Disaster, August 20, 2018. For background information on emergency authorities and links to lists with state approvals; and CMS, Coronavirus Waivers & Flexibilities, last modified October 13, 2022. For more information about these emergency-related authorities during the COVID-19 public health emergency, see Medicaid.gov, "Coronavirus Disease 2019 (COVID-19)."

* * *

Provider Payments

For the most part, states establish their own payment rates for Medicaid providers. Federal statute requires that these rates be consistent with efficiency, economy, and quality of care and sufficient to enlist enough providers so that covered benefits are available to Medicaid enrollees at least to the same extent they are available to the general population in the same geographic area./79 This is known as the equal access provision. Low Medicaid provider payment rates in many states and their impact on provider participation have been perennial concerns for policymakers./80 Provider payment reductions are a tool for states to manage Medicaid program costs. As a result, states' provider rate changes are often a function of the economy. For instance, during economic downturns, many states reduced Medicaid provider payment rates due to budget pressures, and during periods of improved state finances, more states increase rather than reduce provider rates./81

In some cases, states make supplemental payments to Medicaid providers that are separate from, and in addition to, the payment rates for services rendered to Medicaid enrollees. Medicaid DSH payments are one type of supplemental payment, and federal statute requires that states make Medicaid DSH payments to hospitals treating large numbers of low-income patients./82 States also are permitted to make non-DSH supplemental payments to providers, but these payments must adhere to upper payment limits (UPLs) for certain institutional providers./83 The institutions subject to the UPL requirement are hospitals (separated into inpatient services and outpatient services), nursing facilities, intermediate care facilities for individuals with intellectual disabilities, and freestanding nonhospital clinics./84

Program Integrity

State Medicaid programs are required to conduct a number of program integrity activities to prevent improper payments resulting from waste, fraud, and abuse./85 Some federal requirements, such as screening providers and suppliers before they enroll in state Medicaid programs, are intended to prevent improper payments from occurring,/86 while other requirements ensure states identify and recover overpayments made to providers and suppliers./87

* * *

79 SSA Sec.1902(a)(30)(A).

80 Stephen Zuckerman, Laura Skopec, and Joshua Aarons, "Medicaid Physician Fees Remained Substantially Below Fees Paid By Medicare In 2019," Health Affairs, vol. 40, no. 2 (February 2021), pp. 343-348, https://www.healthaffairs.org/doi/pdf/10.1377/hlthaff.2020.00611; Sandra L. Decker, "In 2011 Nearly One-Third of Physicians Said They Would Not Accept New Medicaid Patients, But Rising Fees May Help," Health Affairs, vol. 31, no. 8 (August 2012), pp. 1673-1679, https://www.healthaffairs.org/doi/10.1377/hlthaff.2012.0294.

81 Elizabeth Hinton, et al., How the Pandemic Continues to Shape Medicaid Priorities: Results from an Annual Medicaid Budget Survey for State Fiscal Years 2022 and 2023, Kaiser Family Foundation and National Association of Medicaid Directors, October 25, 2022, https://www.kff.org/medicaid/report/medicaid-budget-survey-for-state-fiscalyears-2022-and-2023/.

82 For more information about Medicaid DSH payments, see CRS Report R42865, Medicaid Disproportionate Share Hospital Payments.

83 Under the upper payment limit (UPL), federal Medicaid funding is not available for Medicaid payments that are more than Medicare would pay for the same or comparable services, and the UPL is an aggregate limit for each class of providers rather than a limit for individual providers.

84 For more information about Medicaid supplemental payments, see CRS Report R45432, Medicaid Supplemental Payments.

85 SSA Sec.1902(a)(64).

86 SSA Sec.1902(a)(77). State Medicaid programs also are required to monitor and report on the quality of care provided to Medicaid beneficiaries, SSA Sec.1139(B).

87 SSA Sec.1903(d)(2).

* * *

State Medicaid programs have primary responsibility for preventing and, when necessary, recovering improper payments due to fraud, waste, abuse. State Medicaid agencies operate program integrity units. In addition, states operate Medicaid Fraud Control Units (MFCUs), generally through state attorney general offices. MFCUs are responsible for investigating fraud as well as patient abuse and neglect in facilities that receive state Medicaid payments./88 Federal agencies responsible for Medicaid program integrity include CMS and the HHS Office of Inspector General (OIG). CMS administers the Medicaid Integrity Program, which audits and monitors state Medicaid programs as well as supports state program integrity efforts./89 OIG has broad program integrity enforcement authority for all federal health care programs, including Medicaid./90

The federal government and states contribute equally to fund most state-based Medicaid program integrity activities, although for some activities, the federal government provides additional funds through enhanced FMAP rates. As mentioned earlier, all states receive the same FMAP rate for administrative expenditures, including most program integrity activities, which generally is 50%. States receive higher FMAP rates for selected administrative activities, such as 90% for the startup of MFCUs and 75% for ongoing MFCU operation.

* * *

88 SSA Sec.1902(a)(61) and SSA Sec.1903(q).

89 SSA Sec.1936.

90 SSA Sec.1902(a)(69)

* * *

Additional Medicaid Resources

This section provides links to a number of Medicaid resources grouped by selected Congressional Research Service (CRS) products, other background resources, laws, regulations, and other information.

Selected CRS Products

Overview

* CRS In Focus IF10322, Medicaid Primer Eligibility

* CRS In Focus IF10399, Overview of the ACA Medicaid Expansion

* CRS Report R46111, Medicaid Eligibility: Older Adults and Individuals with Disabilities

* CRS In Focus IF11010, Medicaid Coverage for Former Foster Youth Up to Age 26

* CRS In Focus IF11912, Noncitizen Eligibility for Medicaid and CHIP

* CRS In Focus IF11830, Medicaid and Incarcerated Individuals

Benefits

* CRS Report R45412, Medicaid Alternative Benefit Plan Coverage: Frequently Asked Questions

* CRS Report R43328, Medicaid Coverage of Long-Term Services and Supports

* CRS In Focus IF11545, Overview of Federally Certified Long-Term Care Facilities

* CRS Report R43778, Medicaid Prescription Drug Pricing and Policy

* CRS In Focus IF10222, Medicaid's Institutions for Mental Disease (IMD) Exclusion

* CRS Report R46785, Federal Support for Reproductive Health Services: Frequently Asked Questions

Financing

* CRS Report R42640, Medicaid Financing and Expenditures

* CRS Report R43847, Medicaid's Federal Medical Assistance Percentage (FMAP)

* CRS Report R46346, Medicaid Recession-Related FMAP Increases

* CRS In Focus IF11012, Medicaid Financing for the Territories

* CRS Report R42865, Medicaid Disproportionate Share Hospital Payments

* CRS In Focus IF10422, Medicaid Disproportionate Share Hospital (DSH) Reductions

* CRS Report R45432, Medicaid Supplemental Payments

COVID-19

* CRS In Focus IF11664, Medicaid Telehealth Policies in Response to COVID-19

* CRS Report R46346, Medicaid Recession-Related FMAP Increases

* CRS In Focus IF11686, Impact of the Recession on Medicaid

* CRS Legal Sidebar LSB10430, Section 1135 Waivers and COVID-19: An

Overview

* CRS Report R46481, COVID-19 Testing: Frequently Asked Questions

Other CRS reports on Medicaid are available at https://www.crs.gov/search/#/?termsToSearch=medicaid.

Laws

Most federal Medicaid law is in SSA Title XIX (as amended): https://www.govinfo.gov/content/pkg/COMPS-8765/pdf/COMPS-8765.pdf

SSA Title XIX is codified in the U.S. Code (42 U.S.C. Sec.1396 to 1396w-6): http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter19&edition=prelim

SSA Title XI has several general provisions relevant to Medicaid, including, for example, provisions on demonstration projects, the Center for Medicare & Medicaid Innovation, quality measures, and program integrity: https://www.govinfo.gov/content/pkg/COMPS-8763/pdf/COMPS-8763.pdf

SSA Title XI is codified in the U.S. Code (42 U.S.C. Sec.Sec.1301 to 1320f-7): http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter11&edition=prelim

Reference Guide to Federal Medicaid Statute and Regulations (Medicaid and CHIP Payment and Access Commission, MACPAC) can help with locating specific Medicaid provisions within the SSA: https://www.macpac.gov/reference-guide-to-federal-medicaid-statute-and-regulations/

Regulations

Most federal Medicaid regulations are in Title 42 of the Code of Federal Regulations (42 C.F.R. Sec.Sec.430.0 to 456.725): https://ecfr.federalregister.gov/current/title-42/chapter-IV/subchapter-C

Reference Guide to Federal Medicaid Statute and Regulations (Medicaid and CHIP Payment and Access Commission, MACPAC) can help with locating specific Medicaid provisions within the Code of Federal Regulations: https://www.macpac.gov/reference-guide-to-federal-medicaid-statute-and-regulations/

In addition to federal laws and regulations, CMS issues sub-regulatory program guidance through publications such as

* informational bulletins and letters to State Medicaid Directors https://www.medicaid.gov/federal-policy-guidance/index.html

* the State Medicaid Manual https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/PaperBased-Manuals-Items/CMS021927.html

* frequently asked questions https://www.medicaid.gov/faq/index.html

More Information

* Medicaid is administered at the federal level by CMS in HHS: https://www.cms.gov/

* CMS Office of the Actuary, "Medicaid: A Brief Summary," in Brief Summaries of Medicare & Medicaid: https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trendsand-Reports/MedicareProgramRatesStats/SummaryMedicareMedicaid.html

* The federal Medicaid and CHIP Payment and Access Commission (MACPAC) publishes data and policy analysis and makes recommendations to Congress, the HHS Secretary, and states: https://www.macpac.gov/

* MACPAC, Medicaid 101: https://www.macpac.gov/medicaid-101/

* CMS, "Medicaid": https://www.medicaid.gov/medicaid/index.html

* MACPAC's "MACStats" compiles key national and state statistics from a variety of sources: https://www.macpac.gov/macstats/

* CMS Fast Facts has national statistics on beneficiaries, expenditures, and services: https://data.cms.gov/fact-sheet/cms-fast-facts

Each state operates its own Medicaid programs within federal guidelines.

* Links to information on each state's Medicaid program: https://www.medicaid.gov/state-overviews/index.html

* Links to each state's Medicaid agency website and contact information: https://www.medicaid.gov/about-us/beneficiary-resources/index.html#statemenu

* * *

The report is posted at: https://crsreports.congress.gov/product/pdf/R/R43357

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