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Possible $500 million Medicaid cut draws protest

By Michelle Martin
Staff Writer

Auxiliary Bishop Edwin Conway and Catholic health care officials joined leaders from many Chicago-area health care institutions at a press conference Sept. 21 to warn that thousands of poor people could lose medical services because of a possible change in federal Medicaid reimbursement rules.

The change could cut $500 million a year from the amount the federal government sends to Illinois, and local leaders fear that it will be formally proposed any day.

The change would primarily affect hospitals and other facilities that serve a disproportionate number of patients on Medicaid and without any insurance, including Cook County Hospital and several Chicago Catholic hospitals.

“The Catholic Church has a long and proud tradition of delivering health services, especially in poor and working class areas of our community,” said Bishop Conway, the archdiocese’s liaison for health affairs. If the Health Care Financing Administration changes the rules, hospitals in poor areas might have to cut services or close, he said.

“Low-income patients could no longer be served. Whole communities would be left without medical services,” he said. “We ask that HCFA not proceed without considering the effect on low-income people in underserved areas.”

Mercy Sister Sheila Lyne, the city health commissioner, said service cuts or closures at private, not-for-profit hospitals could create a flood of new demands on Cook County Hospital, which would also lose millions of dollars.

“Our primary concern is the broader health care impact,” Lyne said. “Cutbacks would be severe, and thousands of people would turn to County (Hospital) and city public health clinics. The survival of the entire inner-city health system could be in jeopardy.”

The officials begged local residents to write or e-mail the White House, asking President Clinton to stop the HCFA from changing the rules, and to contact their congressional representatives.

The rule change would essentially stop Illinois and 18 other states from taking advantage of a loophole in the Medicaid reimbursement regulations that allows the state to get more matching funds than it would otherwise be entitled to by counting municipal and other health care spending as state expenditures.

The state has been taking advantage of the system for about 10 years, and had always used the federal money to pay for medical care for poor and underserved people, said Timothy O’Brien, an attorney who represents several Chicago hospitals. “This is not illegal,” he said. “This has been reviewed more than 22 times. This is a technical rule change, but these aren’t technical people being served. They are real people.”

The changes could threaten everything from neonatal intensive care units on the South and West sides to trauma centers and major teaching hospitals. Children’s Memorial Hospital alone could lose more than $28 million a year, said Susan Hayes Gordon, the hospital’s chief public policy officer.

“There’s nowhere to make that much money up,” she said. “We would have to reexamine our mission of being an open-door hospital for all comers.”

The possible change arose after an investigation by the Department of Health and Human Services Inspector General found that some states put the federal matching money into general revenue funds, where it could be used for non-medical costs. And, in any case, the states that have taken advantage of the system are unfairly getting more funding than others, according to the testimony of Michael F. Mangano, the department’s principal deputy inspector general, at a Sept. 6 Senate Finance Committee hearing.

“In our opinion, the mechanisms were unfairly designed solely to generate excessive federal Medicaid reimbursements and effectively evade the statutory federal/state Medicaid matching requirements,” Mangano said.

Timothy Westmoreland, the Health Care Financing Administration’s director of the Center for Medicaid and State Operations, said the added costs are driving up the federal Medicaid bill even as the number of people served by the program shrinks.

“Some states are using these matching funds for worthy purposes, such as supporting public hospitals and other health care programs,” Westmoreland said at the Sept. 6 hearing. “While these other programs are laudable, some are not eligible for federal Medicaid funding. … Existing regulations never anticipated these abuses.”

Westmoreland estimated that the practice would cost the federal government $2 billion this year, and more in subsequent years, as more states take advantage of the loophole if it is not closed.

While no new rule has formally been proposed, Westmoreland told committee members that any new rules would be implemented over a period of years, and no state currently taking advantage of the system would be affected next year. Also, he said, new rules would take into account higher costs faced by public hospitals like Cook County.

That doesn’t satisfy Mercy Sister Lenore Mulvihill, chair of the board of Mercy Hospital and Medical Center. Mercy could lose up to $6.8 million of the $50 million that Catholic hospitals in Illinois would stand to lose.

“Because much of the effort nationally has been focused on the impact on public hospitals, it appears that the executive branch and our legislators do not understand how devastating the impact of this rule change will be on the uncompensated care in Illinois and other states,” said a letter Mulvihill distributed to board members.

Because no new rules have been proposed and nobody knows how much of the lost funding could be made up by the state, health care officials said it is too early to say exactly what the effect would be, beyond that they would be serious.

“In a best-case scenario, the hospitals will be able to cut services and stay afloat,” said Philip Karst of the Illinois Catholic Health Care Association. “In a worst-care scenario, some of them will close.”

 

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