Joint Resolutions Call for
Reversal of UPL Final Rule
May 17, 2002- Senator Paul Wellstone (D-Minn.) and
Representative Eliot Engel (D-N.Y.) May 14 introduced joint
resolutions of disapproval (S.J. Res. 37 and H.J. Res. 92)
regarding the Centers for Medicare and Medicaid Service's
(CMS) final rule that will reduce the Medicaid Upper Payment
Limit (UPL) for non-state government owned hospitals from
150 percent to 100 percent of Medicare payments for comparable
services. A resolution of disapproval is a means by which
Congress can overturn administrative rules that were developed
by the executive branch without congressional approval.
The resolutions were introduced one day after a federal judge
ruled that CMS could immediately implement the final rule
(see related story).
Original cosponsors of S.J. Res. 37 include Senators Blanche
Lincoln (D-Ark.), Mark Dayton (D-Minn.), Edward Kennedy (D-Mass.),
Hillary Clinton (D-N.Y.), Dianne Feinstein (D-Calif.), and
Barbara Boxer (D-Calif.). During his introductory remarks,
Sen. Wellstone stated that "we simply can't afford to
take this amount from our health care safety net" at
a time when state Medicaid programs are struggling. He admitted
past abuses of the UPL mechanism by some states, but argued
that those problems have been resolved. Sen. Wellstone anticipates
the final rule will trigger a $30 million loss for Minnesota's
public health system.
In a press release regarding H.J. Res. 92., Rep. Engel called
on his colleagues to reverse the final rule and to override
any presidential vetoes of the joint resolution. "Our
hospitals must receive enough funding to continue treating
those in need," he added. According to Rep. Engel, the
final rule will trigger a $500 million loss for New York State.
The original cosponsors of H.J. Res. 92 include Reps. Edolphus
Towns (D-N.Y.), Amo Houghton (R-N.Y.), Karen Thurman (D-Fla.),
Carolyn McCarthy (D-N.Y.), Jose Serrano (D-N.Y.), Maurice
Hinchey (D-N.Y.), Lois Capps (D-Calif.), Peter Deutsch (D-Fla.),
Carolyn Maloney (D-N.Y.), Frank Pallone (D-N.J.), Louise Slaughter
(D-N.Y.), Nydia Velazquez (D-N.Y.), Corrine Brown (D-Fla.),
Dale Kildee (D-Mich.), Anna Eshoo (D-Calif.), Henry Waxman
(D-Calif.), Carrie Meek (D-Fla.), Charles Rangel (D-N.Y.),
Sherrod Brown (D-Ohio), and Vic Snyder (D-Ark.).
Information:
Christiane Mitchell, Senior Legislative Affairs Manager
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526
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