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Capito: Changes to Medicaid provisions create tighter timeline

CHARLESTON — Potentially putting a damper on a planned vote today but easing the minds of concerned groups, the U.S. Senate parliamentarian put a block on several proposed changes to Medicaid.

But U.S. Sen. Shelley Moore Capito believes lawmakers can quickly pass a bill.

Senate Parliamentarian Elizabeth MacDonough rejected proposed changes Thursday to Medicaid benefits proposed in the Senate’s version of the One Big Beautiful Bill Act, prior to a planned vote today to move ahead with consideration of the gigantic budget reconciliation package.

Using the Byrd Rule – sometimes called the Byrd Bath and named for the late West Virginia U.S. Sen. Robert C. Byrd – the parliamentarian rejected several key changes to Medicaid, the joint federal and state program which provides health care benefits to low-income individuals and families.

The bill is being done through the reconciliation process, which avoids the specter of a filibuster by allowing the bill to be passed by a simple 51-vote majority in the 100-member Senate. However, the reconciliation process requires the Senate parliamentarian to review each committee’s proposal to remove items unrelated to the federal budget. Those rejected provisions would be subject to the 60-vote threshold to clear a filibuster.

The parliamentarian rejected several proposed Medicaid changes, such as prohibiting federal financial participation for individuals without verified immigration status and limiting federal funding for states offering Medicaid coverage to non-citizens. 

Also thrown out were proposals to reduce the federal medical assistance percentage (FMAP) for states choosing to cover undocumented individuals; allowing for spreading price increases in Medicaid managed care contracts; prohibiting federal Medicaid and Children’s Health Insurance Program (CHIP) funding for gender-affirming medical care; adjustments to provider taxes that expand the tax base or increase rates; and limitations on premium tax credits for certain individuals and disallowing premium tax credits for periods during which individuals are ineligible due to immigrant status.

The parliamentarian’s ruling on these Medicaid provisions will mean they will have to be removed from the One Big Beautiful Bill Act or changed to meet the approval of the parliamentarian and comply with the Byrd Rule. But that could put the self-imposed July 4 congressional deadline to pass the bill in doubt, especially since any changes by the Senate will have to be reconciled with the U.S. House of Representatives, which passed its version of the bill in May.

“I do think that there will be some compromise over the next several days,” said Capito, R-W.Va., during a phone call Thursday afternoon with in-state reporters. “We were supposed to begin the contemplation of this bill probably noon (today). That may have been pushed back 24 hours. I’m not exactly sure. We are just waiting to hear.

“We have to have a full scoring of the bill which we do not have, and we have to have permanent text…so everybody of course can see all the fine print. So, we’re still a ways away,” Capito continued. “The House has to have it under consideration for 72 hours. That’s pushing pretty close to July 4, but we want to do it right and so I think that’s the prevailing thought.”

But opposition has been mounting to the Medicaid changes in the One Big Beautiful Bill Act, with six people being arrested at Capito’s Charleston office for attempting a sit-in. A letter from a coalition of advocacy groups for low-income families to Capito and U.S. Sen. Jim Justice, R-W.Va., urged both lawmakers to oppose cuts to Medicaid and Supplemental Nutrition Assistance Program.

Families USA, a health  care advocacy group, released a white paper Wednesday estimating that the proposed Medicaid cuts in the One Big Beautiful Bill could cause West Virginia to lose $666 million per year in federal funding and could cause as many as 69,000 West Virginians to lose coverage.

“The cuts to Medicaid and the (Affordable Care Act) will have devastating and dramatic impacts on health coverage, care, and costs for American families, and in many ways, especially in West Virginia,” said Anthony Wright, executive director of Families USA. “The cuts will not just mean that tens of thousands of West Virginia residents lose coverage, but federal cuts will force state budgets into crisis, forcing states to drastically scale back services, leading to closures of rural hospitals and community clinics.”

According to DoHS, there were 503,637 people enrolled in Medicaid in West Virginia as of January, or 29% of the state’s population — one in every four adults and 56% of all children in the state.

Speaking Thursday, Capito said it was not her intention to see Medicaid benefits taken away from anyone who qualifies for the program. The goal is for those who should not be eligible for the health care benefit to be removed.

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