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Senators raise CMS compliance concern after $1.9M payment to Methodist included in health bill
Summary
Senators said a provision in the Department of Health supplemental appropriation that would have sent about $1.96 million to Methodist Rehabilitation could violate CMS provider‑tax rules and put Mississippi’s Medicaid federal match at risk.
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Mississippi senators flagged a technical but potentially consequential problem in the Department of Health supplemental appropriation after the House inserted a $1.9 million item intended for Methodist Rehabilitation. Senators said advisers told them that the payment, as written, could violate Centers for Medicare & Medicaid Services (CMS) rules related to provider‑tax hold‑harmless provisions and risk a broader federal repayment or reduction in Medicaid funding.
Senator Sandy Hill, chairing the health appropriation explanation, told the Senate the $1.96 million item to Methodist was legal in intent but ran afoul of CMS rules on the hospital tax. “If we were to leave this in there, we would be jeopardizing the Medicaid drawdown,” Hill said on the floor, and she explained the committee’s plan: pass the appropriation but rely on the governor’s constitutional authority — specifically, a line‑item veto — to remove or rework the problematic line so the state would not jeopardize federal matching dollars.
Senator Blackwell, who chairs Medicaid matters in the chamber, warned that 42 C.F.R. § 433.68 and related CMS guidance require that provider‑tax arrangements be broad‑based and uniformly imposed; an earmarked reimbursement could trigger a federal review and require the state to repay federal share amounts. After floor discussion, senators decided to pass the overall Department of Health bill and rely on the governor to fix the specific technical conflict rather than holding the entire appropriations package up for another special session.
Senators said they would seek further review in coming months on whether targeted statutory changes are needed to address the underlying fairness concerns Methodist and other specialty hospitals have raised about the existing provider‑tax structure.

