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Two CMS
Items in the Federal Register
The Centers for Medicare and Medicaid Services (CMS) today placed in the
Federal Register a series of publications. These include the two attached
documents: the final
rule on school-based special education services and a CMS internal
reorganization that will affect states' interactions with the agency.
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CMS Issues
Final Rule on Medicaid Reimbursement for School-Based Administration and
Transportation
Today, the Centers for Medicare & Medicaid Services (CMS) placed on display
at the Office of the Federal Register a final rule (CMS-2287-F) regarding Medicaid
reimbursement for school-based administration and transportation. These
regulations are effective 60 days after the date of publication in the Federal
Register; however, under recently passed legislation, there will be a six-month
delay in implementing the rule so school budgets in the 2007-2008 school year will not be affected. The final rule will
be published in the Federal Register on Friday, December 28, 2007. A media fact
sheet will also be available on the CMS website: www.cms.hhs.gov/apps/media/fact_sheets.asp.
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Medicare-Medicaid-SCHIP Bill Heads to
President
Wednesday, the House passed S. 2499, the Medicare, Medicaid and SCHIP
Extension Act of 2007. The Senate passed the bill on Tuesday. The president is
expected to sign the measure, which extends funding for the State Children's
Health Insurance Program (SCHIP) through March 2009. The bill also addresses
SCHIP shortfalls by making $1.6 billion available in FY 2008.
The extension bill includes a six-month moratorium that prevents the Centers
for Medicare & Medicaid Services (CMS) from implementing regulations
affecting Medicaid rehabilitation and school-based administration and
transportation services. It also extends Transitional Medical Assistance,
abstinence-only education and the qualifying individuals (QI) program through
June 30, 2008. The Congressional Budget Office (CBO) estimates the cost of the
bill at approximately $5.3 billion. The CBO estimate is available at http://www.cbo.gov/ftpdoc.cfm?index=8898.
VIP Series to be Released Today
FFIS will send subscribers The VIP Series later today. It includes
50-state estimates of the impact of the just-passed FY 2008 omnibus budget bill
on a host of major grant programs.
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Impact of
Omnibus Budget Bill on Grant Programs
FFIS has completed its preliminary analysis of H.R. 2764, the omnibus budget
bill for FY 2008. The bill's impact on a host of major grant programs is
presented in the attached
table. FFIS's projections of the state-by-state
impact on a smaller number of grant programs (The VIP Series) will be
completed by tomorrow and sent to subscribers.
Senate Approves Medicare, Medicaid, SCHIP Bill
Tuesday, the Senate passed the Medicare, Medicaid and SCHIP Extension Act of
2007 (S. 2499). The House is expected to approve the bill today. The measure
delays the scheduled 10% cut for Medicare physicians and instead provides a
0.5% reimbursement increase through June 30, 2008.
It also extends funding for the State Children's Health Insurance Program
(SCHIP) through March 2009 and addresses SCHIP shortfalls by making $1.6
billion available in FY 2008, based on data available as of November 30, 2007.
The bill includes a six-month moratorium that prevents the Centers for Medicare
& Medicaid Services (CMS) from implementing regulations affecting Medicaid
rehabilitation and school-based administration and transportation
services. The measure also extends Transitional Medical Assistance,
abstinence-only education and the qualifying individuals (QI) programs through
June 30, 2008. The Congressional Budget Office (CBO) estimates the cost of the
bill will be approximately $6 billion. The CBO estimate is available at: http://www.cbo.gov/ftpdoc.cfm?index=8898.
House Passes Energy Bill
Yesterday, the House approved the Creating Long-Term Energy Alternatives for
the Nation (CLEAN) Act of 2007 (H.R. 6). The bill increases corporate
average fuel economy (CAFE) standards to 35 miles per gallon by 2020-an
increase of nearly 40% and the first increase in the standard in 30 years. President
Bush is expected to sign the bill today.
Reentry Legislation Considered Again in the House
On Monday, the House adopted a concurrent resolution that makes minor technical
changes to the Second Chance Act of 2007 (H.R.1593), which the House passed on
November 13. The resolution was made to address Senate concerns and includes
new language changing the match for state and local government reentry grants
and clarifying the eligibility requirements for the elderly offender pilot
program. The match was changed to a 25%-hard and 25%-soft match. The Senate
could vote on the bill later this week.
H.R. 1593 authorizes a number of reentry grant programs, including a grant
program for state and local governments to develop reentry initiatives and a
reentry program for community and faith-based organizations to deliver
mentoring and transitional services.
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CMS to
Release SCHIP Funding
On December 19, the Centers for Medicare & Medicaid
Services (CMS) will publish in the Federal Register a notice
announcing the immediate availability of additional SCHIP funding. CMS will
distribute $606.9 million in federal funds to 12 states facing FY 2007
shortfalls. The funding was authorized by the U.S. Readiness, Veteran's Care,
Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 (P.L.
110-28), which was enacted on May 29. The notice also provides details of
funding to six states from the redistribution of $284.7 million in unspent
SCHIP funding from FYs 2004 and 2005. Twenty-one states are expected to have
federal funding shortfalls of approximately $1.4 billion, including nine states
that would run out of funding starting in March 2008.
Yesterday, the House passed the omnibus appropriations bill that
funds 11 appropriations bills for FY 2008 (H.R. 2764). FFIS will release
national totals for major programs funded in the bill later today.
Senators Near Medicare, SCHIP Agreement
Monday, Senate leaders reached a tentative agreement to couple a six-month
delay in the scheduled cut to Medicare physician reimbursement rates with an
extension for SCHIP. The Senate planned to seek a unanimous consent
agreement to pass the measure as soon as today, after which it would be
considered by the House.
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Omnibus
Budget Bill Announced
Congressional leaders will move an FY 2008 omnibus budget bill this week. The
linked article from the Washington Post describes the legislation, which FFIS
is currently reviewing. http://www.washingtonpost.com/wp-dyn/content/article/2007/12/16/AR2007121601265.html?hpid=sec-nation
Senate Approves Farm Bill
Friday, the Senate approved the Farm, Nutrition and Bioenergy
Act of 2007 (H.R. 2419). An amendment that would prohibit federal, state
and local governments from using eminent domain to take farmland for use as
parks or open spaces was defeated. The measure will now move to conference with
the House in January.
Court Halts Medicaid Pharmacy Regulation
Friday, a federal judge for the U.S. District Court for the
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Real ID
Grant Guidance Released
The Department of Homeland Security (DHS) has released grant guidance and
application kits for two grant programs totaling more than $35 million to
assist states in preparing for REAL ID implementation. REAL ID addresses a core
9/11 Commission finding to enhance the security, integrity and protection of
licensing and identification systems nationwide, and was mandated by Congress.
Click here for a list
of frequently asked questions. For more information and the complete
application kit, visit www.grants.gov.
OMB Launches USASpending.gov
On Thursday, December 13, 2007, the Office of
Management and Budget (OMB) launched USASpending.gov. The website allows
users to search by contracts and grants, contractor names, congressional
districts and lawmakers. The data can be downloaded. Charts and rankings show
to whom and where the bulk of federal dollars go. The site will post information
every two weeks and provide information on whether contracts were subject to
competitive bidding. Ultimately, OMB plans for agencies to send information
directly to the site, so it will appear in real time.
Farm Bill Poised to Pass Senate Today
The 2007 farm bill, H.R. 2419, is expected to pass the Senate today. The House
passed its bill in July, so once the Senate acts the bill can head to
conference committee.
Omnibus Spending Package in Works; Another CR Passes Congress
cleared another continuing resolution (CR) to fund the federal government
through December 21, 2007, at FY 2007 levels. The previous CR was effective
through today. An omnibus bill to fund the remaining 11 appropriations bills in
now in the works and is said adhere closely to the president's overall
spending levels, with only $3.7 billion in additional spending. This omnibus
bill maybe voted on early next week.
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OMB
Launches USASpending.gov
On
Thursday, December 13, 2007, the Office of Management and Budget (OMB) launched
USASpending.gov. The website allows users to search by contracts and
grants, contractor names, congressional districts and lawmakers. The data can
be downloaded. Charts and rankings show to whom and where the bulk of federal
dollars go. The site will post information every two weeks and provide
information on whether contracts were subject to competitive bidding.
Ultimately, OMB plans for agencies to send information directly to the site, so
it will appear in real time.
President Vetoes SCHIP, Signs Head Start
On Wednesday, President Bush vetoed the
latest version of the State Children's Health Insurance Program (SCHIP)
reauthorization legislation (H.R. 3963). House leaders have scheduled a veto
override vote for January 23, 2008. The current SCHIP extension expires this
Friday (December 14), and Congress is expected to approve a third extension
through next week.
Also yesterday, the president signed the "Improving Head Start for School
Readiness Act of 2007" (H.R. 1429). The enacted law reauthorizes Head
Start for five years and authorizes $7.35 billion in FY 2008, $7.5 billion
in FY 2009 and $7.9 billion in FY 2010. For more information on the law, see
FFIS Issue Brief 07-53.
House Passes Defense Authorization
Yesterday, the House passed the Department of Defense (DoD) authorization conference report (H.R.
1585). H.R. 1585 repeals a provision in the FY 2007 DoD authorization bill that allowed the president to
federalize the National Guard for domestic law enforcement purposes during
emergencies. It also authorizes a 3.5% pay increase for military personnel.
Congress Extends Farm Bill
House and Senate Agriculture Committee leaders announced yesterday that the
current farm bill will be extended to March 15, 2008, to give Congress more
time to complete the legislation.
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New CBO Estimates of
SCHIP Shortfalls
On Monday, the Congressional Budget Office (CBO)
released new estimates of the funding needed to maintain current enrollment in
the State Children's Health Insurance Program (SCHIP) for FY 2008. According to
CBO, $1.4 billion is needed in addition to $5 billion in baseline funding. CBO
projected that 21 states would experience a federal funding shortfall if the
program were funded at the baseline amount. The CBO memo is available at http://www.cbo.gov/ftpdocs/88xx/doc8883/SCHIP_memo_12-10-07.pdf.
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Request
for Comments on New Federal Financial Report
The Office of Management and Budget is consolidating and replacing four
existing financial reporting forms (SF-269, SF-269A, SF-272 and SF-272A) with a
single Federal Financial Report (FFR). The purpose of the FFR is to give
recipients of grants and cooperative agreements a standard format for reporting
the financial status of their grants and cooperative agreements. Federal
awarding agencies developed the FFR as part of their implementation of the
Federal Financial Assistance Management Improvement Act of 1999 (P.L.
106-107). Comments must be received by January 7, 2008. A link to the
request for comments in the Federal Register follows:
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-5941.pdf
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Conferees
Agree on Defense Authorization
Yesterday, House and Senate conferees reached an agreement authorizing spending
for the Departments of Defense (DoD)
and Energy in FY 2008. H.R. 1585 also repeals a provision in the FY 2007
authorization bill that eases restrictions on the president to federalize the
National Guard for domestic law enforcement purposes during emergencies.
House Passes Energy Legislation
Yesterday, the House passed the Creating Long-Term Energy Alternatives for
the Nation Act of 2007 (H.R. 6). Senate Majority Leader Reid has scheduled a
Senate vote for Saturday, but it is unclear whether there are 60 votes to
break a threatened filibuster. The White House has issued a veto threat.
Administration Addresses Mortgage Foreclosures
Yesterday, President Bush announced a plan to address the sub-prime mortgage
crisis. The plan offers assistance to homeowners at risk of foreclosure through
refinancing into a fixed-rate or FHA-secured mortgage, or through
freezing interest rates on certain adjustable sub-prime mortgages. The
five-year freeze would apply to mortgages taken out between January 1, 2005,
and July 31, 2007. The program would target homeowners who occupy their homes
and can manage current payments, but could not afford rate increases, and
who meet other income and credit requirements.
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CMS
Proposes Rule on Targeted Case Management
On Tuesday, the Centers for Medicare & Medicaid
Services (CMS) published an interim final rule that affects Medicaid
reimbursement for case management and targeted case management (TCM). CMS
estimates that the change will reduce federal Medicaid expenditures by almost
$1.3 billion over five years. States would no longer receive Medicaid reimbursement
for case management services that could be paid for by third parties or other
federal programs. The regulation implements section 6052 of the Deficit
Reduction Act of 2005. Among the activities excluded from the definition of TCM
are transportation services, day care services and administrative activities
for foster care or other non-medical programs. Comments are due February 4,
2008.
The proposed rule (CMS-2237-IFC) is here.
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Discrepancy
in FY 2009 North Carolina FMAP
On Thursday, November 28, FFIS sent out the Federal Register Notice listing the
federal fiscal year 2009 federal medical assistance percentages (FMAPs), noting that these were identical to those projected
by FFIS in Issue Brief 07-41 in September 2007. It has been
pointed out that the FMAP for