“Regular Order” Means Bipartisan Negotiations and a Deal That Sticks – CBPP
“Regular order means ensuring that a deal is a deal — members of Congress should not be expected to cast their votes for compromise bipartisan legislation only to have it undone through unlawful or partisan actions…
“Regular order on funding bills also means that Democrats and Republicans come to the table for meaningful negotiations on both funding levels for national priorities and expiring provisions — including expiring health provisions — that have significant congressional support and public importance. This year, that means bipartisan negotiations are necessary on the expiring enhanced premium tax credits that make health coverage through the Affordable Care Act marketplaces affordable for more than 20 million people. Both Democrats and Republicans have expressed serious concern about the looming premium spikes that will start to affect consumers when “window shopping” for coverage begins in October, ahead of open enrollment on November 1. Without quick action, people will see unaffordable premiums and many will decide coverage is priced out of financial reach. Getting them to return at a later date will be difficult, if not impossible. Congress still has time to protect people from huge price spikes and becoming uninsured.”
A more deliberative and transparent process leading to passage of funding bills would give the Congressional Budget Office more time and information with which to score their cost and reduce estimation errors.
In many cases, despite an accurate CBO forecast, in the years after a bill is scored and enacted, federal deficits increase as the executive branch eliminates budget savings through regulations. How many states will ask HHS/CMS for exceptions and modifications to the tighter Medicaid work requirements and provider tax caps just passed by Congress? This week, for example, Kansas Senator Jerry Moran told constituents that legislators succeeded in convincing CMS to allow his state to increase its provider tax to 6%, which falls above the “safe harbor” level just established by the BBB legislation. Will CMS grant more exceptions to more states, especially if economic conditions and state budgets deteriorate? Will red and blue states be treated equally?
Forecasts also fall short because Congress itself voids provisions that offset spending for programs it previously authorized. The Affordable Care Act provides major examples, including repeal of the “Cadillac” high-cost health plan tax as well as the Class Act.
For more information, see:
Remembering September 11th – Kansas Common Sense – U.S. Senator for Kansas, Jerry Moran
OBBBA Provider Tax Provisions Impact on Medicaid Stakeholders – Avalere
The Cadillac Tax Do-Over Challenge – Health Affairs