Another Pound of Flesh for Government Health Programs This Fall?

With summer drawing to a spectacular close here in Washington, it’s abundantly clear that the “train wreck” everyone’s expecting won’t involve the launch of ObamaCare, but rather an epic legislative pile-up in Congress. With the collision of the debate on Syria, the immigration bill tearing the GOP apart, and now a near-concurrent exhaustion of government funding and the debt ceiling at the end of September/early October, the President and Speaker Boehner will be picking up the pieces of their agendas come Halloween. The question is whether government-sponsored health programs will have to give up another pound of flesh in the process.

Congress returns from summer recess Monday, and it’ll be all about Syria, and that will crowd out other Congressional priorities like immigration, continued government funding for the new fiscal year, and the positive bipartisan progress made on the long-awaited “doc fix” for Medicare fee-for-service physician payment rates.

Funding for the government expires on September 30, 2013.  You’ll recall that earlier this summer, a right-wing cabal led by Senator Ted Cruz (R-TX) threatened to use continued government funding as leverage to defund ObamaCare. While they don’t have nearly enough votes in either House or Senate, they made enough noise for Speaker Boehner to try to mollify them. The GOP leadership pitch was “don’t shut down the government over ObamaCare, that’ll kill us in public opinion.  Let’s use the debt ceiling as leverage at year-end instead.” But now the government is expected to hit the debt limit by mid-October, two months earlier than expected, so the calendar just called Boehner’s bluff with his right wing.

All of this will erupt in late September and Boehner will have to punt. We expect a 6-12 week extension of government funding to the latter part of the year, and certainly no “grand bargain” with the President. In the meantime, capital markets will be a panic for months given uncertainty over continuing government operations and US credit ratings.  So this whole noisy mess will drag on toward the holidays, right while ObamaCare’s exchanges are launching.

While this is happening, the basic outlines of the last budget meltdown, the loathed across-the-board spending cuts called “sequestration,” will remain in place. Syria raises the potential that sequestration is eased for the Pentagon so we have plenty of bombs and missiles on hand. Sequestration’s cuts to domestic programs, and therefore the impact to Medicare and Medicaid, are likely to remain in place. But the Pentagon will need its pound of flesh, and Medicare and Medicaid are always at risk as the biggest contributors to the deficit. If this happens, we suspect Congress will get it in the form of higher beneficiary out-of-pocket costs like deductibles and physician copays.

The biggest casualty of this legislative train wreck may be the doc pay fix.  Congress made significant bipartisan progress on the Medicare physician payment fix of the flawed “sustainable growth rate” formula which will cut 30% in 2014 unless offset.  While the cost of a long-term fix was recently reduced (~$150B vs. $300B) and raised hopes for a deal, it will now get thrown into this latest manufactured budget disaster.  This is significant for Medicare Advantage because a long-term doc fix means MA rates go up about 6-7%; no fix, no boost.  So, ironically, physicians and beneficiaries could end up helping pay for bombs and missiles aimed at Syria, and plans may not get the very positive ripple effect of a doc pay fix. Sigh.

So, our prediction: punts on continued government funding and the debt ceiling until the holidays; a noisy, messy launch of ObamaCare exchanges; panicked global markets as this budgetary kabuki theatre act drags out; and physicians and beneficiaries extorted.

 

Resources

 

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Gorman Health Group Senior Vice President of Public Policy Jean LeMasurier, summarizes the final rule from CMS regarding exchange functions, eligibility for exemptions, and miscellaneous minimum essential coverage provisions.

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