Medicare Blog

how will paygo impact medicare

by Kraig Crist Published 2 years ago Updated 1 year ago
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The Congressional Budget Office has estimated that a Statutory PAYGO sequester in fiscal year 2022 resulting from passage of the American Rescue Plan Act of 2021, the $1.9 trillion COVID-19 relief package passed this March, would cause a 4% reduction in Medicare spending – or cuts of approximately $36 billion.

The legislation averts looming Medicare payment cuts and provides expedited means for the Senate to pass debt limit
debt limit
A debt limit is a legislative mechanism restricting the total amount that a country can borrow or how much debt it can be permitted to take on. Usually this is measured as percentage of GDP.
https://en.wikipedia.org › wiki › Debt_limit
relief by a simple majority
. Specifically, the bill waives the 4 percent Medicare PAYGO cut until 2023 and extends the 2 percent Medicare sequestration moratorium for the first three months of 2022.
Dec 14, 2021

Full Answer

Will Medicare PAYGO cuts be impacted in 2022?

PAYGO Cuts Paused for 2022! Another significant update for the industry, the U.S. Senate approved legislation that will pause the 4% PAYGO cuts to Medicare reimbursement from going into effect for the 2022 year. This news is a big win for the industry, and we could potentially see payment increases this year thanks to this pause.

How can we prevent PAYGO cuts this year?

Clear the PAYGO “scorecard” resulting from passage of the American Rescue Plan and ensure no further PAYGO cuts occur this year. Pass legislation that suspends Medicare sequestration cuts in 2022. Pass legislation providing a 3.75% increase to Medicare reimbursements to make up for the cuts in the CMS Physician Fee Schedule Rule.

Will the PAYGO sequester trigger a Medicare sequester?

Medicare fee-forservice payments to hospitals tend to total about one-quarter of total Medicare spending. Although Congress has passed legislation that has increased the deficit several times since enactment of the Statutory PAYGO law, a PAYGO sequester has never been triggered.

What happens if Medicare does not waive statutory PAYGO?

Failure to waive Statutory PAYGO would result in $9.4 billion in cuts to hospital providers in feefor- service Medicare in calendar year 2022 (see attached table with state-by-state data). Medicare fee-forservice payments to hospitals tend to total about one-quarter of total Medicare spending.

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What is Medicare PAYGO?

The Statutory PAYGO Act of 2010 requires that legislation increasing the federal budget deficit through an increase in federal spending or a reduction in revenues must be offset by revenue increases or reduced spending in other areas, such as cuts in mandatory programs like Medicare.

Does sequestration apply to Medicare Advantage?

The payment reduction, referred to as sequestration, is applied to the Net Capitation Payment (NCP) made to the plans, including MAOs. Therefore, Medicare rates and fee schedules remain unaffected by sequestration.

Is sequestration still in effect in 2021?

An Act to Prevent Across-the-Board Direct Spending Cuts, and for Other Purposes, signed into law on April 14, 2021, extends the suspension period to December 31, 2021. The Consolidated Appropriations Act, 2021, extended the suspension period to March 31, 2021.

Is the 2% Medicare sequestration still in effect?

117-7), and the Protecting Medicare and American Farmers from Sequester Cuts Act (P.L. 117-71) also suspended the sequestration of Medicare from May 2020 through March 2022.

How does Medicare sequestration work?

Essentially, sequestration reduces what Medicare pays its providers for health services by two percent. However, Medicare beneficiaries bear no responsibility for the cost difference. While aimed to prevent further debt, it imposes financially on hospitals, physicians, and other healthcare providers.

What does Medicare sequestration apply to?

Q: How long is the 2% reduction to Medicare fee-for-service claim payments in effect? A: The sequestration order covers all payments for services with dates of service or dates of discharge (or a start date for rental equipment or multi-day supplies) on or after April 1, 2013.

Is sequestration coming back?

On December 10, 2021, President Biden signed the “Protecting Medicare and American Farmers from Sequester Cuts Act,” which phased in the Medicare sequester cuts that had been paused during the COVID-19 Public Health Emergency (PHE), starting April 1, 2022.

Is sequestration still in effect in 2022?

Delay of sequestration. The act also suspends the full sequestration cuts of 2% through March 31, 2022, and phases the sequestration cut back in with a 1% cut from April 1, 2022, to June 30, 2022. The full 2% sequestration adjustment will begin July 1, 2022.

Is Medicare holding claims?

In its announcement, the CMS instructed Medicare Administrative Contractors (MACs) to hold all claims with dates of service on or after April 1, 2021, to minimize the potential need for reprocessing claims that could result from extending the moratorium.

Does sequestration apply to Medicare Part D?

For example, Part C Risk Adjusted payments (after MSP reduction) and MA rebates are included. For Part D, Direct Subsidy payments and Coverage Gap Discount payments are included. Part D payments for Low Income Subsidies and Reinsurance are exempt from sequestration and therefore not reduced.

Is Medicare holding payments for 2022?

The House passed its own extension earlier this month, but the Senate version included several changes. A major difference was the Senate took out a provision that also prevented a 4% Medicare payment cut from taking effect in 2022. Because the Senate altered the bill, the House must pass the moratorium again.

How much is Medicare sequestration?

A sequestration is a reduction in federal spending by a set percentage. In the case of Medicare, it's two-percent and it is the service providers who receive a smaller payment.

What is budget reconciliation?

Reconciliation is a federal budget process that can be used to make changes in revenue laws and/or mandatory spending laws with the support of a simple majority in the Senate, rather than the usual 60 votes needed to overcome a filibuster. 4 In order to use this process, lawmakers include reconciliation instructions in the annual budget resolution.

Statutory PAYGO rules

Statutory PAYGO calls for the creation of a “PAYGO scorecard.” 10 When new legislation is enacted, its estimated costs or savings in each of the next 10 years are entered on a scorecard. When subsequent legislation is enacted, its costs or savings are added to the scorecard.

Tax cuts, tax reform, and statutory PAYGO

Statutory PAYGO could become an issue if lawmakers try to enact tax reform via a reconciliation bill. If tax reform were deficit-neutral, no problem would occur. But if tax reform were deficit-increasing—that is to say, a tax cut—statutory PAYGO would come into play.

Senate PAYGO rules

Senate PAYGO is another potential roadblock to enacting legislation that would increase the deficit. Under Senate PAYGO, legislation that increases the deficit over the next 6 years or 11 years—such as a deficit-increasing tax cut—is subject to a point of order that can only be waived with 60 votes.

Conclusion

The statutory PAYGO rules outlined in this piece could be used to stop large unpaid-for tax cuts, as opponents could rightfully point out that the tax cut bill could lead to automatic cuts to important programs, such as farm price-support programs.

What is a paygo?

Statutory PAYGO applies only after legislation is enacted, and enforcement is based on the net budgetary effect of the entire body of enacted legislation that affects the scorecard for a given budget year. Statutory PAYGO applies to only on-budget effects, meaning that any budgetary effects on Social Security and the Postal Service are ignored.

What is excluded from the Paygo scorecard?

Off-budget spending, or spending affecting Social Security and the Postal Service, is excluded. Emergency, or spending and/or revenues designated by Congress under section 4 (g) of the Statutory PAYGO Act as necessary for responding to an emergency, is excluded from the PAYGO scorecard for enforcement purposes.

What is the paygo rule?

The rule establishes a point of order against legislation that increases the deficit or reduces the surplus for either the six-year period (current year, budget year, and the following four fiscal years) or the eleven-year period (current year, budget year, and the following nine fiscal years). The House PAYGO rule applies to all budgetary effects, ...

How long does the PAYGO rule last?

In contrast, the House PAYGO rule applies only to the six-year and eleven-year periods , each including the current year. Finally, the Senate tracks the deficit impacts of mandatory spending and revenue legislation on a PAYGO scorecard.

How long does it take to publish Paygo scorecards?

After Congress adjourns for a session, OMB is required to publish an annual PAYGO report within 14 business days.

What is the pay as you go law?

The Statutory Pay-As-You-Go Act of 2010 (sometimes called “Statutory PAYGO, ” “Stat PAYGO,” or “SPAYGO”) is a budgetary enforcement mechanism included in Public Law 111-139 . Statutory PAYGO aims to ensure that the legislation passed by Congress and signed by the President does not increase projected deficits.

When did pay as you go come into effect?

The current version of Statutory PAYGO was signed into law on February 12, 2010, but the concept was not a new one. In the 1980s, Congress and the President were unsuccessful at meeting legislative deficit targets. In response, Congress passed the Budget Enforcement Act of 1990, which included a new “pay-as-you-go” rule.

Statutory PAYGO Law

The statutory PAYGO law applies to any newly enacted legislation that affects mandatory spending and/or revenues. The projected costs and savings of each enacted bill is tracked by the Office of Management and Budget (OMB) on what are known as PAYGO scorecards.

Senate and House PAYGO Rules

As with statutory PAYGO, the Senate and House PAYGO rules apply to proposed legislation affecting mandatory spending and revenues. The Budget Committees of the House or Senate, which commonly use calculations provided by the Congressional Budget Office, are responsible for tracking projected costs.

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