On Thursday, Governor Baker released his proposed FY 2017 state budget. The $39.6 billion dollar budget reflects the governor’s priority of “getting state spending under control.” The budget blueprint would hold overall state spending growth to 3.5 percent. Of particular interest to the hospital community was a proposed new annual $250 million tax upon acute care hospitals. The tax revenues would go into a new a trust fund named the “MassHealth Delivery System Reform Trust Fund.”
The proposed new tax would be in addition to the current hospital tax of $165 million bringing the total tax to $415 million. The provision is intended to leverage federal matching funds in order to support the investments in care organizations in the new MassHealth Accountable Care Organization (ACO) program. While the ACO investments are not expected to take place until FY2018, the hospital tax and payments begin on October 1, 2016. As a result, $93 million in federal revenue will be generated in state FY2017, of which MassHealth will use $73.5 million to partially address a FY2017 MassHealth budget gap.
The Baker Administration has indicated that it intends to make hospitals whole as a class with the funds generated by the tax, but not all hospitals will be made whole and many hospitals will be overall losers. Such a large tax raises significant questions and concerns especially given the experience with provider taxes in Massachusetts, as well as in other states. Some important questions being asked by hospitals include: what would be the consequences for those hospitals and their communities that would be net payers; what alternatives to taxing hospitals exist for raising new federal funding; why isn’t the proposed tax plan designed to benefit all hospitals; would the tax be temporary or permanent (there is no sunset provision in the budget language); what guarantee is there that the full $250 million in taxes will be returned annually to hospitals as opposed to being diverted for other state purposes in future years. Language in the proposed statue only states that hospitals may receive up to $250 million annually and such language is subject to future legislative changes.
Lynn Nicholas, President and CEO of the Massachusetts Hospital Association, stated that “these and other important questions and concerns will be the focus of the hospital community as we examine the governor’s proposal. Proposing a new tax of this size is no small matter. Many states, including Massachusetts, have a troubling track record with these types of taxes on healthcare providers. So it is fair to place the burden of justifying the new tax on the shoulders of those who propose it.”
The Baker Administration budget also makes changes to the Health Safety Net program that will reduce coverage for services provided by hospitals to uninsured and underinsured patients. The policy changes are estimated to be worth $60 million annually, much of which will result in a direct cost-shift to hospitals. The administration also proposes to eliminate the state’s annual $30 million contribution to the Health Safety Net program, putting further stress on that program which currently has a $76 million annualized funding shortfall. Hospitals are solely responsible for the program’s funding shortfalls.
The administrative budget to fund the Center for Health Information and Analysis (CHIA), approximately half of which is paid for by hospitals, is held to a modest growth rate of 0.9%. However, hospitals in FY2017 also become partially responsible for the administrative expenses of the Health Policy Commission (HPC), which is budgeted at $8.5 million. MHA is seeking reform of the assignment of these expenses to the hospital community.
Other notable assumptions in the Baker Administration’s budget include funding of hospital and health center Infrastructure and Capacity Building (ICB) grants at $20 million, the same level of funding provided in FY2016. The budget also assumes a 10% increase for Delivery System Reform Transformation Incentive payments as called for in the Waiver, holds most provider reimbursement rates flat, modifies rules for switching MassHealth MCOs, and creates a new trust fund to support the Sexual Assault Nurse Examiner (SANE) program.