While Senate and House negotiations continue ahead of Friday’s government funding deadline, the U.S. Department of Health and Human Services (HHS) has an existing contingency plan which protects necessary staff and funding for Medicare and Medicaid. In the event of a shutdown there are plans for respective agencies which:
- Gives HHS authority to retain a limited number of Centers for Medicare & Medicaid Services (CMS) staff to perform necessarily activities in support of funded activities, such as Medicare, Medicaid, and other mandatory health program payments.
- Continues the CMS Medicare Program during a lapse in appropriations. Other non-discretionary activities including Health Care Fraud and Abuse Control and Center for Medicare & Medicaid Innovation activities will also continue.
- Continues CMS funding for Medicaid to fund the first quarter of FY 2024, based on the advance appropriation provided for in the FY 2023 appropriation.
- Defines, in the event of a lapse of appropriation, 3,236 the percent of CMS staff (49%) to be retained including 2,928 (45%) who are exempt (their activities or position are already funded or otherwise exempt) and 308 (5%) who are excepted staff (their activities are deemed necessary).