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Government Affairs Home > Washington Highlights > June 21, 2002

GME Payments Preserved Under Medicaid Managed Care Final Rule

June 21, 2002- According to a final rule published by the Centers for Medicare and Medicaid Services (CMS) on June 14, 2002 [67 Federal Register 40989], State Medicaid programs will continue to be permitted to make graduate medical education (GME) payments directly to teaching hospitals under their managed care programs.

Currently, a number of states provide GME payments under their Medicaid managed care programs. Included as part of a proposed rule published last summer that made a number of changes to Medicaid managed care programs generally, was a provision entitled "limit on payment to other providers" (section 438.60). While the provision never addressed GME payments explicitly, CMS staff confirmed that the proposed provision, if finalized, would preclude states from "carving out" GME payments from managed care plans' capitation rates and making those payments directly to teaching hospitals. Instead, GME payments would be required to be included in managed care plans' capitation rates.

In an effort led by the AAMC, numerous associations and hospitals urged CMS to reconsider its position. Commenters noted that the Medicare program explicitly carves out GME payments and makes those payments directly to teaching hospitals. While CMS might not want to follow Medicare's lead and mandate carve-outs, commenters felt that, at a minimum, Medicaid managed care programs should be given the choice as to how they wanted to distribute GME payments.

The final rule expressly exempts GME payments from section 438.60. Specifically, the provision requires states to ensure that "no payment is made to a provider other than a [managed care plan] . . . except . . . when the State agency has adjusted the capitation rates paid under the contract . . . to make payments for graduate medical education."

In the final rule's preamble, CMS noted that GME payments were a common practice in many state Medicaid programs. However, the preamble noted CMS' continuing interest in this topic: "As part of our larger strategy of improving the fiscal integrity of Medicaid payments, we also plan to study existing Medicaid GME payment arrangements and may issue additional policies in the future."

Information:

Karen Fisher, Senior Associate Vice President
AAMC Health Care Affairs
kfisher@aamc.org
(202) 862-6140

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