[Congressional Record Volume 153, Number 134 (Tuesday, September 11, 2007)]
[Senate]
[Pages S11417-S11418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Obama, Mr. Brown, Mr. Kerry, 
        Mr. Byrd, Mrs. Feinstein, Mr. Nelson of Florida, Mr. Feingold, 
        Mrs. Murray, Mr. Bayh, Mrs. Lincoln, Mr. Pryor, Mr. Whitehouse, 
        Mr. Sanders, Ms. Cantwell, Mr. Tester, Mrs. Clinton, Ms. 
        Landrieu, Mr. Rockefeller, and Mr. Salazar):
  S.J. Res. 18. A joint resolution providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of the rule 
submitted by the Centers for Medicare & Medicaid Services within the 
Department of Health and Human Services relating to a cost limit for 
providers operated by units of government and other provisions under 
the Medicaid program; to the Committee on Finance.
  Mr. BINGAMAN. Mr. President, I rise today with Senators Rockefeller, 
Obama, Brown, Kerry, Byrd, Feinstein, Bill Nelson, Feingold, Murray, 
Bayh, Lincoln, Pryor, Whitehouse, Sanders, Cantwell, Tester, Clinton, 
Landrieu, and Salazar to offer a Joint Resolution that provides for 
Congressional disapproval of the rule submitted by the Centers for 
Medicare and Medicaid Services, CMS, relating to a cost limit for 
providers operated by units of government and other provisions under 
the Medicaid program, 72 Fed. Reg. 29748, May 29, 2007.
  This rule is a very blunt and sweeping instrument. It is purportedly 
intended to stamp out certain categories of Medicaid fraud, which by 
CMS's own admission may only be an issue in 3 States. As a result of 
the sweeping nature of this rule, many States like New Mexico will lose 
hundreds of millions of dollars in Federal Medicaid dollars. This would 
occur despite that fact that New Mexico and other States have worked 
hard to ensure the integrity of their Medicaid programs and have 
consistently received approval from CMS for the design and operation of 
their programs.

[[Page S11418]]

  Congress has reacted strongly to the proposed regulation with 65 
Senators and 263 House Members publicly criticizing the rule. 
Ultimately, Congress temporarily prevented CMS from implementing the 
regulation. A 1-year moratorium of the rule was adopted in the recent 
supplemental appropriations bill, P.L. 110-28, Section 7002. This 
moratorium blocks CMS from implementing the Medicaid regulation before 
May 25, 2008.
  In spite of clear Congressional disapproval, CMS published a final 
rule in the Federal Register the very day the President signed the 1-
year moratorium provision into law. The final regulation retains the 
most damaging components of the proposed regulation, including limiting 
Medicaid payments to safety-net hospitals. In addition, we have been 
contacted by State Medicaid agencies that have been asked to certify in 
State Plan Amendments being considered this year that they will be in 
compliance with rule as soon as the moratorium is lifted in 2008.
  Major Medicaid reforms require a Congressional role; by rushing to 
publish a final regulation, CMS has disregarded Congressional 
opposition and attempted to usurp our role. CMS's action requires 
States to prepare for implementation of the regulation and expend 
administrative resources to do so, all of this before Congress has the 
opportunity to address the key policy issues contained in the 
regulation.
  This Resolution of Disapproval will permanently halt the damaging CMS 
regulation. At this time, it is the appropriate response given CMS's 
issuance of the final Medicaid rule and its devastating effect on State 
Medicaid programs, safety-net providers, and, ultimately, the ability 
of low-income Americans to receive the life-saving medical care to 
which they are entitled under Federal law.
  Therefore, I rise today to offer joint resolution with my colleagues 
and urge others to join in cosponsoring this important resolution. 
Together we can work to ensure its passage before the devastating 
Medicaid rule takes effect and jeopardizes our States' Medicaid 
programs.
  I ask unanimous consent that the text of joint resolution be printed 
in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 18

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     disapproves the rule submitted by the Centers for Medicare & 
     Medicaid Services within the Department of Health and Human 
     Services relating to a cost limit for providers operated by 
     units of government and other provisions under the Medicaid 
     program (published at 72 Fed. Reg. 29748 (May 29, 2007)), and 
     such rule shall have no force or effect.

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