06.06.2017

HB595 / SB623, An Act to Address the Financial Stability of the Health Safety Net

Joint Committee on Health Care Financing

On behalf of our member hospitals and health systems, physician organizations, and allied health care providers, the Massachusetts Health & Hospital Association (MHA) appreciates the opportunity to offer comments in strong support of HB595/SB623 which will bring needed financial stability to the Health Safety Net program.  A strong safety net for uninsured and underinsured Massachusetts residents is essential and the Health Safety Net program is an integral part of protecting these patients. However, the program has in most years operated with a funding shortfall and this financial instability threatens the viability of the program.  MHA respectfully requests that this legislation receive a favorable review from the committee at its earliest convenience.

HB595/SB623 reinforces the existing statutory requirement of the Unemployment Assistance Trust Fund’s contribution to support the Health Safety Net with at least $30 million annually.  Unfortunately, this state transfer from the Commonwealth Care Trust Fund to the Health Safety Net has not been fulfilled in recent years. Chapter 149 of the General Laws was updated in 2013 so that employer medical assistance contributions are now deposited into the Commonwealth Care Trust Fund.  This reform was related to the repeal of the employer Fair Share Contribution which before its repeal was a funding source of the Commonwealth Care Trust Fund.   As the committee knows, this trust fund supports Connector coverage and the Health Safety Net.  As part of that 2013 change, subsection (b) of section 189 of Chapter 149 directs $30 million related to the reformed employer medical assistance contribution to be dedicated to the Health Safety Net. Because of this statutory directive and its connection to this health care reform funding, we believe an annual state transfer of $30 million to the Health Safety Net is both appropriate and required.

Even with a $30 million transfer, the Health Safety Net requires further funding to stabilize it given perpetual annual shortfalls. Currently, hospitals are solely responsible for any funding shortfall. We now also fear that federal changes to Medicaid and low-income health coverage in the Connector will likely result in a significant increase in hospital uncompensated care.  Prior to 2006, uncompensated care funding shortfalls were much larger and demanded state intervention in the form of funding relief to hospitals to help offset the shortfalls.  For example, between FY2002 and 2003 the state contributed on average $100 million each year to fund uncompensated care. Between FY2004 and FY2006 the state provided more than $200 million, on average, each year through a variety of general fund transfers, supplemental budgets, and other transfers such as from the tobacco and medical assistance trust funds.  

We believe it is well past time to secure a more balanced funding mechanism for the Health Safety Net – particularly with the heightened uncertainty surrounding health care funding tied to the potential repeal of the Affordable Care Act. HB595/SB623 will strengthen the financing by dedicating the federal revenue generated by Health Safety Net spending to the Health Safety Net Trust Fund.  Despite the substantial federal Medicaid matching funds that Health Safety Net-related expenditures generate, all such federal matching funding currently accrues to the state’s General Fund.  More than $100 million of Health Safety Net-related federal revenue comes to the state on an annual basis.  None of this funding is currently used to support the Health Safety Net program. 

HB595/SB623 will also address fairness to the shortfall allocation.  While hospitals and surcharge payers currently pay an equal amount to fund the Health Safety Net through the annual assessment and surcharge payments, hospitals alone are solely responsible for any funding shortfall.  The cost of providing care to low-income uninsured and underinsured is not limited to a fixed amount of funding from assessments and state transfers.  It is based on the number of uninsured in the state, their medical needs, and the program’s payment and eligibility rules as established in law and regulation.  The shortfall allocation is simply another financing mechanism of that care.  In FY2016, hospitals were asked to fund an additional $109 million through the shortfall allocation mechanism for care provided to low-income insured and underinsured patients.  Given the continuous shortfalls and the likelihood they will increase, it is time to address the current unfairness of this mechanism by broadening and sharing the cost of the care beyond hospitals, similar to the shared assessment and surcharge approach.  HB595/SB623 will allocate responsibility of any funding shortfall in the program equally among hospitals and surcharge payers.  

MHA greatly appreciates the legislature’s strong commitment to the commonwealth’s safety net and we look forward to working with this committee to ensure that low-income patients and the providers that care for them can continue to rely on the Health Safety Net.  We appreciate your consideration of these comments and we respectfully request that that the committee report favorably on HB595/SB623.
 
 
Thank you for the opportunity to offer comments on this important matter. If you have any questions or require further information, please contact MHA's Vice President of Government Advocacy, Michael Sroczynski, at (781) 262-6055 or msroczynski@mhalink.org.