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Appropriations and Fund Transfers in the Affordable Care Act (ACA)

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Appropriations and Fund Transfers in the Affordable Care Act (ACA) C. Stephen Redhead Specialist in Health Policy March 6, 2015 Congressional Research Service 7-5700 www.crs.gov R41301 Appropriations and Fund Transfers in the Affordable Care Act (ACA) Summary Implementation of the Patient Protection and Affordable Care Act (Affordable Care Act, or ACA) is having a significant impact on federal mandatory—also known as direct—spending. Most of the projected spending under the law is for expanding health insurance coverage. This spending includes premium tax credits and other subsidies for individuals and families that purchase private insurance coverage through the health insurance exchanges established under the ACA, as well as enhanced federal funding to expand state Medicaid programs and tax credits for small employers. In addition, the ACA included numerous appropriations that have provided billions of dollars in mandatory funds to support new and existing grant programs and other activities. Other ACA provisions require the Secretary of Health and Human Services (HHS) to transfer amounts from the Medicare Part A and Part B trust funds for specified purposes. The law appropriated significant amounts to support short-term health care programs for targeted groups prior to the health insurance exchanges becoming operational in 2014. It also created a Center for Medicare and Medicaid Innovation (CMMI) within the Centers for Medicare and Medicaid Services (CMS) and appropriated $10 billion for the FY2011-FY2019 period—and $10 billion for each subsequent 10-year period—for CMMI to test and implement innovative payment and service delivery models. The ACA established four special funds and appropriated substantial amounts to each one. First, the Community Health Center Fund, to which the ACA appropriated a total of $11 billion in annual appropriations over the five-year period FY2011-FY2015, has helped support the federal health centers program and the National Health Service Corps. Second, the Prevention and Public Health Fund, for which the ACA provided a permanent annual appropriation, is intended to support prevention, wellness, and other public health-related programs authorized under the Public Health Service Act. Third, the Patient-Centered Outcomes Research Trust Fund is supporting comparative effectiveness research through FY2019 with a mix of annual appropriations, fees assessed on private health insurance, and Medicare trust fund transfers. Finally, the Health Insurance Reform Implementation Fund, to which the ACA appropriated $1 billion, has helped cover the administrative costs of implementing the law. Overall, the ACA included more than $100 billion in appropriations over the 10-year period FY2010-FY2019, including $40 billion to provide funding for the State Children’s Health Insurance Program (CHIP) for FY2014 and FY2015. Federal outlays on insurance expansion coverage under the ACA, which constitutes most of the law’s mandatory spending, are almost entirely exempt from sequestration. However, the mandatory appropriations in the ACA are, in general, fully sequestrable at the percentage rate applicable to nonexempt nondefense mandatory spending. Besides the mandatory appropriations discussed in this report, the ACA also is having an effect on federal discretionary spending, which is controlled by the annual appropriations acts. A Affordable Care Act (ACA) May 8, 2015 (R41301) Jump to Main Text of Report

Summary

Implementation of the Patient Protection and Affordable Care Act (Affordable Care Act, or ACA) is having a significant impact on federal mandatory—also known as direct—spending. Most of the projected spending under the law is for expanding health insurance coverage. This spending includes premium tax credits and other subsidies for individuals and families that purchase private insurance coverage through the health insurance exchanges established under the ACA, as well as enhanced federal funding to expand state Medicaid programs and tax credits for small employers.

In addition, the ACA included numerous appropriations that have provided billions of dollars in mandatory funds to support new and existing grant programs and other activities. Other ACA provisions require the Secretary of Health and Human Services (HHS) to transfer amounts from the Medicare Part A and Part B trust funds for specified purposes. The law appropriated significant amounts to support short-term health care programs for targeted groups prior to the health insurance exchanges becoming operational in 2014. It also created a Center for Medicare and Medicaid Innovation (CMMI) within the Centers for Medicare and Medicaid Services (CMS) and appropriated $10 billion for the FY2011-FY2019 period—and $10 billion for each subsequent 10-year period—for CMMI to test and implement innovative payment and service delivery models.

The ACA established four special funds and appropriated substantial amounts to each one. First, the Community Health Center Fund, to which the ACA appropriated a total of $11 billion over the five-year period FY2011-FY2015, has helped support the federal health centers program and the National Health Service Corps. Second, the Prevention and Public Health Fund, for which the ACA provided a permanent annual appropriation, is supporting prevention, wellness, and other programs authorized under the Public Health Service Act. Third, the Patient-Centered Outcomes Research Trust Fund is supporting comparative effectiveness research through FY2019 with a mix of annual appropriations, fees assessed on private health insurance, and Medicare trust fund transfers. Finally, the Health Insurance Reform Implementation Fund, to which the ACA appropriated $1 billion, helped pay for implementing the law. Overall, the ACA included more than $100 billion in appropriations over the 10-year period FY2010-FY2019, including $40 billion to fund the State Children's Health Insurance Program (CHIP) for FY2014 and FY2015.

In subsequent legislative actions, Congress has extended funding through FY2017 for several programs whose ACA appropriations were about to expire.

Federal outlays on insurance expansion coverage under the ACA, which constitutes most of the law's mandatory spending, are almost entirely exempt from sequestration. However, the mandatory appropriations in the ACA are, in general, fully sequestrable at the percentage rate applicable to nonexempt nondefense mandatory spending.

Besides the mandatory appropriations discussed in this report, the ACA also is having an effect on federal discretionary spending, which is controlled by the annual appropriations acts. A
companion report, CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), discusses the law’s impact on discretionary spending. Congressional Research Service Appropriations and Fund Transfers in the Affordable Care Act (ACA) Contents Introduction...................................................................................................................................... 1 ACA Appropriations and Fund Transfers ........................................................................................ 2 Appropriations Vary by Duration and Amount .......................................................................... 2 Numerous Programs Are Funded .............................................................................................. 3 Some Funding Has Been Extended or Rescinded ..................................................................... 5 Impact of Sequestration ............................................................................................................. 5 Key Takeaways ................................................................................................................................ 6 Tables Table 1. Sequestration of Nonexempt Nondefense Mandatory Spending ....................................... 5 Table 2. Mandatory Appropriations and Medicare Trust Fund Transfers in the Affordable Care Act ........................................................................................................................................ 8 Table 3. ACA Appropriations and Fund Transfers by Fiscal Year in Which Funds Become Available for Obligation ............................................................................................................. 20 Appendixes Appendix A. Acronyms Used in the Report................................................................................... 26 Appendix B. Annual Spending Reductions Under the Budget Control Act .................................. 28 Contacts Author Contact Information........................................................................................................... 29 Acknowledgments ......................................................................................................................... 29 Congressional Research Service 's impact on discretionary spending. Appropriations and Fund Transfers in the Affordable Care Act (ACA) Introduction

Introduction

Implementation of the Patient Protection and Affordable Care Act (Affordable Care Act, or ACA)11 is having a significant impact on federal mandatory—also known as direct—spending.2 2 Most of the projected spending under the law is for expanding health insurance coverage. This spending includes premium tax credits and cost-sharing subsidies for individuals and families that purchase private insurance coverage through the health insurance exchanges established under the ACA, as well as enhanced federal funding to expand state Medicaid programs and tax credits for small employers.3 3 The Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) estimate that spending on insurance coverage expansion under the ACA will equal $81 billion in FY2015. Overtotal $1.707 trillion over the 10-year period FY2016 through FY2025, they estimate that spending on coverage expansion will total $1.993 trillion.4.4 CBO and the JCT project that these costs will be more than offset by revenues from the ACA's taxes and fees, and by savings from the law's changes to the Medicare program that are designed to slow the rate of growth of Medicare payments to certain health care providers. The ACA also included numerous appropriations that are providing billions of dollars in mandatory funds to support new and existing grant programs and other activities. Several other provisions in the law require the Secretary of Health and Human Services (HHS) to transfer amounts from the Medicare Part A and Part B trust funds for specified purposes. This report summarizes all the mandatory appropriations and Medicare trust fund transfers in the ACA and provides details on the status of obligation of these funds. The information is presented in two tables. The report also includes a brief discussion of the impact that sequestration is having on ACA mandatory spending. This report is periodically revised and updated to reflect important legislative and other developments. Besides its impact on mandatory spending, the ACA also is having an effect on federal A companion CRS report discusses the ACA's impact on discretionary spending, which is controlled by the annual appropriations acts.process.5 Discretionary spending under the ACA falls into two broad categories. First, there are the amounts provided in appropriations acts for specific grant and other programs pursuant to explicit authorizations of appropriations in the ACA. Second, there are the costs incurred by the federal agencies that are 1 The ACA was signed into law on March 23, 2010 (P.L. 111-148, 124 Stat. 119). A week later, on March 30, 2010, the President signed the Health Care and Education Reconciliation Act (HCERA; P.L. 111-152, 124 Stat. 1029), which amended numerous health care and revenue provisions in the ACA and added multiple new stand-alone provisions. Congress and the President have since enacted several other bills that have made targeted changes to specific ACA provisions. All references to the ACA in this report refer, collectively, to the law as amended and to other related HCERA provisions. 2 Mandatory, or direct, spending generally refers to outlays from budget authority (i.e., the authority to incur financial obligations that result in government expenditures such as paying salaries, purchasing services, or awarding grants) that is provided in authorizing laws, as opposed to annual appropriations acts. It includes spending on entitlement programs (e.g., Medicare, Social Security). 3 While a detailed examination of the ACA is beyond the scope of this report, numerous CRS products that provide more in-depth information on the many new programs and activities authorized and funded by the law are available at http://www.crs.loc.gov (see under “Issues Before Congress: Health”). 4 CBO, The Budget and Economic Outlook: 2015 to 2025, January 2015, https://www.cbo.gov/sites/default/files/ cbofiles/attachments/49892-Outlook2015.pdf. See Appendix B. Congressional Research Service 1 Appropriations and Fund Transfers in the Affordable Care Act (ACA) appropriations in the ACA. Second, there are the costs incurred by the federal agencies that are responsible for administering and enforcing the ACA's core provisions to expand insurance coverage. A companion CRS report discusses the ACA’s impact on discretionary spending.5 coverage. ACA Appropriations and Fund Transfers Table 2 summarizes all the ACA provisions that include an appropriation of funds or a transfer of amounts from the Medicare trust funds. The provisions are grouped under the following headings: (1) Private Health Insurance; (2) Medicaid and the State Children's Health Insurance Program (CHIP); (3) Medicare; (4) Fraud and Abuse; (5) Health Centers; (6) Health Workforce and the National Health Service Corps; (7) Community-Based Prevention and Wellness; (8) Maternal and Child Health; (9) Long-Term Care; (10) Comparative Effectiveness Research; (11) Biomedical Research; and (12) ACA Implementation: Administrative Expenses. Each table row provides information on a specific ACA provision, organized across four columns. The first column shows the ACA section or subsection number. The second column indicates whether the provision is freestandingfreestanding (i.e., new statutory authority that is not amending an existing statute) or amendatoryamendatory (i.e., amends an existing statute, typically the Social Security Act). Amendatory provisions either add a new program to the statute or modify an existing one. The third column gives a brief description of the program or activity, including details of the appropriation or fund transfer. The entry also includes the name of the administering agency within HHS and, if applicable, the Catalog of Federal Domestic Assistance (CFDA) number for the grant program.66 The fourth column shows how much funding has been obligated to date. An agency incurs an obligation, for example, by placing an order, signing a contract, awarding a grant, purchasing a service, or taking other actions that require the government to make payments. The obligation amounts are based on information in the HHS Tracking Accountability in Government Grants System (TAGGS) unless specified otherwise. The TAGGS database is a central repository for grants awarded by all the HHS operating divisions (agencies) and several offices within the Office of the Secretary. It is updated daily with new data provided by these entities.7 7 Appropriations Vary by Duration and Amount In many instances the ACA provided annual appropriations of specified amounts for one or more fiscal years. Generally, these funds must be obligated during the fiscal year in which the funds become available for obligation. A few provisions are multiple-year appropriations, in which the amount appropriated is available for obligation for a period of time in excess of one fiscal year (e.g., for the period FY2011 through FY2014). Often the provision includes additional language stating that the funds are to remain available "until expended" or “without fiscal year limitation.” 5 CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by C. Stephen Redhead. 6 CFDA is a government-wide compendium of federal grant and other assistance programs. Each program is assigned a unique five-digit number, XX.XXX, where the first two digits represent the funding agency and the second three digits represent the program. Programs funded by the Department of Health and Human Services begin with the number 93. For more information, see https://www.cfda.gov. 7 To access and search the TAGGS database, go to http://www.taggs.hhs.gov/. Congressional Research Service 2 Appropriations and Fund Transfers in the Affordable Care Act (ACA) "without fiscal year limitation." Most ACA appropriations and fund transfers are temporary (i.e., time-limited). Often they end in FY2014 or FY2015, though in a handful of instances they extend until FY2019. The law included four provisions (i.e., Sections 3021(a), 3403, 10323(b), and 4002) that continue to provide annual or multiple-year appropriations in perpetuity. The ACA also included three indefiniteindefinite appropriations that provide an unspecified amount of funding as indicated by the phrase "such sums as may be necessary," or SSAN. One such provision (i.e., Section 1311) appropriated SSAN and authorized the HHS Secretary to determine the specific amount necessary for the grant program.8 8 Table 3 provides additional details on each of the appropriations (and fund transfers) summarized in Table 2. It shows the amount available for obligation in each fiscal year (or multi-year period) over the 10-year period FY2010 through FY2019. Note that the provisions are organized and grouped under the same headings used in Table 2. The final column in Table 3 ("Total" (“Total”) shows for each provision the total amount of appropriations or fund transfers. Note that in several cases the total amount has yet to be determined (see table entries for Sections 1311, 3403, 6301(d) & (e), 9023(e), and 10323(a)). For three of the provisions that continue to provide funding beyond FY2019, the amount in the total column represents the cumulative amount appropriated through FY2019 (see table entries for Sections 3021(a), 4002, and 10323(b)). Unless otherwise stated, references to the Secretary in both tables refer to the HHS Secretary. A list of the federal laws, agencies, programs, and funds referred to in this report by their acronym is provided in Appendix A. Appendix A. Numerous Programs Are Funded As summarized in the tables, the ACA funded a broad range of new and existing programs. The law appropriated significant amounts to support the following short-term health care programs for targeted groups prior to the health insurance exchanges becoming operational in 2014: (1) $5 billion for the Pre-Existing Condition Insurance Plan (PCIP), a temporary insurance program to providethat provided health insurance coverage for uninsured individuals with a pre-existing condition; (2) $5 billion for a temporary reinsurance program to reimburse employers for a portion of the costs of providing health benefits to early retirees aged 55-64; and (3) $6  billion for the Consumer Operated and Oriented Plan (CO-OP) program, to support temporary health insurance cooperatives. The ACA appropriated $2.4 billion for maternal and child health programs and provided an unspecified amount of funding for state grants to plan and establish health insurance exchanges.9 9 The law established the Center for Medicare and Medicaid Innovation (CMMI) within the Centers for Medicare and Medicaid Services (CMS) and appropriated $10 billion for the FY2011FY2019FY2011-FY2019 period—and $10 billion for each subsequent 10-year period—for CMMI to test and implement innovative payment and service delivery models. It also established and funded an Independent Payment Advisory Board (IPAB) to make recommendations to Congress for 8 The two other indefinite appropriations (i.e., Sections 5508(c), and 9023(e)) provide SSAN to carry out a program, but in each case there is an upper limit on the amount that may be appropriated. Note that a fourth provision (i.e., Section 10323(a)) requires the HHS Secretary to transfer SSAN from the Medicare trust funds to carry out a pilot program. 9 For a state-by-state breakdown of ACA exchange planning and establishment grants, see CRS Report R43066, Federal Funding for Health Insurance Exchanges, by Annie L. Mach and C. Stephen Redhead. Congressional Research Service 3 Appropriations and Fund Transfers in the Affordable Care Act (ACA) achieving specific Medicare spending reductions if costs exceed a target growth rate. IPAB’s 's recommendations are to take effect unless Congress overrides them, in which case Congress would be responsible for achieving the same level of savings. The ACA created four special funds and appropriated substantial amounts to each one:The Community Health Center Fund (CHCF), to which the ACA appropriated a total of $11 billion in annual appropriations over the five-year period FY2011FY2015FY2011-FY2015, has helped support the federal health centers program and the National Health Service Corps (NHSC). (Note: A separate ACA appropriation provided $1.5 billion for health center construction and renovation.) While CHCF funding may have been intended to supplement annual discretionary appropriations for the health centers program and the NHSC, the funds have partially supplanted (i.e., replaced) discretionary health center funding and have become the sole source of funding for the NHSC program, which has not received an annual discretionary appropriation since FY2011.10 • 10 The Prevention and Public Health Fund (PPHF), for which the ACA provided a permanent annual appropriation, is intended to support prevention, wellness, and other public health-related programs and activities authorized under the Public Health Service Act (PHSA).1111 PPHF funds have been used to support several new discretionary grant programs authorized by the ACA. The funds are also supplementing, and in some cases supplanting, annual discretionary appropriations for a number of established programs, including ones that were reauthorized by the ACA. In FY2013, almost half of the PPHF funds were used to help pay for CMS's administrative costs associated with exchange operations.12 • 12 The Patient-Centered Outcomes Research Trust Fund (PCORTF) is supporting comparative effectiveness research with a mix of annual appropriations—some of which are offset by revenues from a fee imposed on private health plans—and transfers from the Medicare Part A and Part B trust funds through FY2019. The Health Insurance Reform Implementation Fund (HIRIF), to which the ACA appropriated $1 billion, has helped cover the administrative costs of implementing the law. Overall, the law included more than $100 billion in direct appropriations over the 10-year period FY2010-FY2019, including $40 billion to provide CHIP funding for FY2014 and FY2015 (Table 3). 10 For more information, see CRS Report R42433, Federal Health Centers, by Elayne J. Heisler; and CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by C. Stephen Redhead. 11 Section 3205 of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, 126 Stat. 156) reduced the ACA’s annual appropriations to the PPHF over the period FY2013-FY2021 by a total of $6.25 billion. See Table 2. 12 For more information, see CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by C. Stephen Redhead. Congressional Research Service 4 Appropriations and Fund Transfers in the Affordable Care Act (ACA) implementing the law.Some Funding Has Been Extended or Rescinded As already noted, most of the ACA appropriations are temporary. ThreeThe following laws enacted since 2012 have extended funding for several programs whose ACA funding ended in FY2012 or FY2014. Those laws are the funded by the ACA:American Taxpayer Relief Act of 2012 (ATRA),13 the ;13 Pathway for SGR Reform Act of 2013 (PSGRRA),14 and the ;14 Protecting Access to Medicare Act of 2014 (PAMA).15 ;15 and
  • Medicare Access and CHIP Reauthorization Act of 2015.16
  • Lawmakers opposed to specific ACA provisions also have succeeded in getting some ACA funding rescinded. ATRA, the Middle Class Tax Relief and Job Creation Act of 2012, and enacted appropriations acts for each of the past five fiscal years (i.e., FY2011-FY2015) all included ACA funding rescissions.16 17 The ACA funding extensions and rescissions are summarized in Table 2 and Table 3. . Impact of Sequestration While the federal spending on insurance expansion coverage under the ACA is almost entirely exempt from annual sequestration, the ACA appropriations discussed in this report are, in general, fully sequestrable at the percentage rate applicable to nonexempt nondefense mandatory spending (see Table 1). Under the sequestration general rules,). For technical reasons, OMB concluded that cuts in CHCF funding for community health centers and migrant health centers are capped at 2%. See Appendix B for more background on the annual spending reductions triggered by the Budget Control Act of 2011.17 18 Table 1. Sequestration of Nonexempt Nondefense Mandatory Spending Fiscal Year Percent Reduction 2013 5.1%a 2014 7.2% 2015 7.3% 2016 6.8% Source: Office of Management and Budget annual reports to Congress on the Joint Committee reductions (FY2013-FY2016). a.

    Fiscal Year

    Percent Reduction

    2013

    5.1%a

    2014

    7.2%

    2015

    7.3%

    2016

    6.8%

    Source: Office of Management and Budget annual reports to Congress on the Joint Committee reductions (FY2013-FY2016).

    a.
    This percentage reflects adjustments made by ATRA; see Appendix B. . Importantly, only new budget authority for nondefense programs is sequestrable in any given fiscal year. That includes advance appropriations that first become available for obligation in that year. Unobligated balances carried over from previous fiscal years are exempt from sequestration. 13 P.L. 112-240, 126 Stat. 2313. P.L. 113-67, Division B, 127 Stat. 1195. 15 P.L. 113-93, 128 Stat. 1040. 16 For more information on all the legislative actions taken to amend the ACA since its enactment, including actions taken through the annual appropriations process, see CRS Report R43289, Legislative Actions to Repeal, Defund, or Delay the Affordable Care Act, by C. Stephen Redhead and Janet Kinzer. 17 P.L. 112-25, 125 Stat. 240. 14 Congressional Research Service 5 Appropriations and Fund Transfers in the Affordable Care Act (ACA) The exemption for unobligated balances carried over from prior fiscal years applies to a number of ACA appropriations. As already mentioned, the appropriations provision often specifies that the funds are to remain available “until expended” or “without fiscal year limitation.” One example is the PCIP program, which was authorized and funded by ACA Section 1101 (see Table 2). It provided temporary health insurance coverage, prior to the establishment of the health insurance exchanges, for eligible individuals who had been uninsured for six months and had a pre-existing condition. The ACA appropriated $5 billion in FY2010, to remain available without fiscal year limitation, to pay claims against the PCIP in excess of the premiums collected from enrollees. Unobligated PCIP funds carried over to FY2013 or FY2014 were exempt from sequestration. Another example is CMMI, which received a $10 billion multiple-year appropriation in FY2011 to remain available for obligation through FY2019. Key Takeaways The following points should be kept in mind while examining Table 2 and Table 3: • The ACA appropriations through FY2019 total approximately $100 billion (before sequestration). That amount includes $40 billion to fund CHIP in FY2014 and FY2015.Other significant amounts—rounded to the nearest billion dollars— include: • $10 billion for PCIP and the Early Retiree Reinsurance program; • $5 billion for exchange planning and establishment grants; • $10 billion for CMMI for the first 10 years (FY2010-FY2019); • $11 billion for the CHCF; • $10 billion (after rescission) for the PPHF; • $4 billion (projected) for the PCORTF; • $2 billion for the maternal, infant, and early childhood visitation program (includes extended funding); and • $2 billion for the Medicaid Money Follows the Person (MFP) demonstration. • Congress has partially rescinded funding for three programs (i.e., IPAB, PPHF, and the CO-OP program). • Only four of the appropriations listed in the tables are permanent (i.e., CMMI, IPAB, PPHF, and environmental health screening). All the other appropriations are temporary, most of which have expired or are due to expire this year (i.e., FY2015). • Congress has extended funding for six programs whose ACA funding expired. Three of the programs were established by the ACA and funded through FY2014: (1) the personal responsibility education program (PREP); (2) the maternal, infant, and early childhood home visiting program; and (3) the health workforce demonstration program (actually, two separate demonstration projects). Lawmakers last year funded each of these programs for an additional year (i.e., FY2015). The remaining programs were established and funded prior to the ACA’s enactment: (1) abstinence education grants; (2) family-to-family health Congressional Research Service 6 Appropriations and Fund Transfers in the Affordable Care Act (ACA) information centers; and (3) outreach and assistance for the low-income programs (actually four separate programs; see Table 2). The ACA renewed funding for each of these programs, providing annual appropriations for FY2010 through FY2012. Congress has since extended the funding through FY2015. • Congress is facing calls to extend ACA funding for a number of programs aimed at expanding access to primary care services. FY2015 is the final year of funding for the CHCF. As noted earlier, the CHCF has helped support the health centers program and has been the sole source of funding for the NHSC program since FY2012. ACA funding for Teaching Health Center Graduate Medical Education (GME) payments also ends in FY2015.18 The FY2016 Budget proposes (1) $2.7 billion for FY2016 and a total of $8.1 billion over three years (FY2016-FY2018) in new mandatory funding to support the federal health center program; (2) $810 million in FY2016 and $2.1 billion over the following four years (FY2017FY2020) for the NHSC; and (3) $400 million for FY2016 and a total of $5.25 billion over 10 years (FY2016-FY2025) for a new Targeted Support for Graduate Medical Education program, which would replace the Teaching Health Center GME program.19 • One of the legislative priorities of the 114th Congress is CHIP reauthorization. As already noted, ACA funded the program through FY2015.20 18 For more information, see CRS Insight IN10185, Congress Faces Calls to Address Expiring ACA Funds for Primary Care, February 9, 2015, by Elayne J. Heisler and C. Stephen Redhead. 19 For more information, see CRS Insight IN10231, FY2016 Budget Request: Increasing Support for Medical Research, Combatting Public Health Threats, and Expanding Access to Primary Health Care, February 12, 2015, by C. Stephen Redhead. 20 For more information, see CRS Report R43627, State Children’s Health Insurance Program: An Overview, by Evelyne P. Baumrucker and Alison Mitchell. Congressional Research Service 7 Table 2. Mandatory Appropriations and Medicare Trust Fund Transfers in the Affordable Care Act ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Private Health Insurance 1002 1003 1101 1102 CRS-8 New PHSA Sec. 2793 Key Takeaways

    Overall, the ACA provided more than $100 billion in mandatory appropriations and Medicare fund transfers over the 10-year period FY2010-FY2019, including $40 billion to fund CHIP in FY2014 and FY2015. As enacted, the law also included the following amounts:

    • $15 billion for the PPHF through FY2019 (and $2 billion for each year thereafter);
    • $11 billion for the CHCF;
    • $10 billion for CMMI through FY2019 (and $10 billion for each 10-year period thereafter);
    • $6 billion for the CO-OP program;
    • $5 billion for PCIP;
    • $5 billion for the Early Retiree Reinsurance program
    • $4 billion (projected) for the PCORTF;
    • $2.25 billion for the Medicaid Money Follows the Person (MFP) demonstration; and
    • $1.5 billion for the maternal, infant, and early childhood visitation program.

    Only four of the ACA appropriations are permanent (i.e., CMMI, IPAB, PPHF, and environmental health screening). All the other appropriations were temporary.

    In a series of legislative actions (described in more detail in Table 2 and Table 3), Congress extended funding for several programs whose ACA appropriations were about to expire. The following programs are now funded through FY2017:
    • health centers (CHCF funding);
    • National Health Service Corps (CHCF funding);
    • graduate medical education (GME) payments for teaching health centers;
    • maternal, infant, and early childhood home visiting program;
    • personal responsibility education program (PREP);
    • health workforce demonstration programs;
    • abstinence education grants;
    • family-to-family health information centers; and
    • outreach and assistance for low-income programs.

    Congress has also provided two more years of funding (FY2016-FY2017) for CHIP.

    Finally, Congress has partially rescinded ACA funding for IPAB, PPHF, and the CO-OP program.

    Table 2. Mandatory Appropriations and Medicare Trust Fund Transfers in the Affordable Care Act

    ACA Section

    Statutory Authority

    Summary of Provision

    Obligations as of May 4, 2015, Based on TAGGS Unless Specified Otherwise

    Private Health Insurance

    1002

    New PHSA Sec. 2793

    Consumer Assistance Program (CAP). Appropriated $30 million, to remain available without fiscal year limitation, for CAP grants to states to enable them (or the exchanges operating in such states) to establish, expand, or provide support for offices of health insurance consumer assistance, and health insurance ombudsman programs. [CMS/CCIIO; CFDA 93.519] $45 million New PHSA Sec. 2794

    $45 million

    Total includes original funding plus awards made using additional funds. See http://www.cms.gov/CCIIO/Programs-and-Initiatives/Consumer-Support-and-Information/Consumer-Assistance-Program-Grants.html.

    1003

    New PHSA Sec. 2794

    Review of health insurance premium rates. Appropriated $250 million for grants to states over the five-year period FY2010-FY2014 to support programs that review annual increases in health insurance premiums. No state may receive less than $1 million or more than $5 million in a grant year. Unobligated funds the end of FY2014 are to remain available for grants to states for planning and implementing ACA's individual and group market reforms. [CMS/CCIIO; CFDA 93.511] $231 million New freestanding authority

    $231 million

    Four rounds of rate review grants have been awarded. See http://www.cms.gov/CCIIO/Programs-and-Initiatives/Health-Insurance-Market-Reforms/Review-of-Insurance-Rates.html.

    1101

    New freestanding authority

    Pre-Existing Condition Insurance Plan (PCIP). Required the Secretary to establish a temporary program—PCIP—to provide health insurance coverage for eligible individuals who have been uninsured for six months and have a pre-existing condition. Appropriated $5 billion, to remain available without fiscal year limitation, to pay claims against (and administrative costs of) the PCIP program that are in excess of premiums collected from enrollees. Note: Until June 2013, 27 states administered their own PCIP programs; the remaining 23 states and DC elected to have their PCIP program federally administered. Seventeen state-run PCIP programs then transferred administration to the federal program. [CMS/CCIIO; CFDA 93.529] According to the Budget Appendixes for FY2011-FY2016, net PCIP outlays through FY2014 = $4.579 billion; estimated net outlays in FY2015 = $33 million. Early Retiree Reinsurance Program (ERRP). Required the Secretary to establish a temporary ERRP to provide reimbursement to participating employer-based plans for a portion of the cost of providing health benefits to early retirees age 55-64 and their families. Appropriated $5 billion, to remain available without fiscal year limitation, to carry out the ERRP. [CMS/CCIIO] According to the Budget Appendixes for FY2011-FY2016, net ERRP outlays through FY2014 = $4.973 billion. New freestanding authority Total includes original funding plus awards made using additional funds. See http://www.cms.gov/CCIIO/Programsand-Initiatives/Consumer-Support-and-Information/ Consumer-Assistance-Program-Grants.html. Four rounds of rate review grants have been awarded. See http://www.cms.gov/CCIIO/Programs-and-Initiatives/HealthInsurance-Market-Reforms/Review-of-Insurance-Rates.html. outlays in FY2015 = $33 million. More than 134,000 individuals have received coverage under PCIP. Originally scheduled to end on January 1, 2014, the program was extended through April 30, 2014. However, the federally-run PCIP and the state-based PCIPs stopped accepting new enrollees on February 16, 2013, and March 2, 2013, respectively, because of the limited amount of funding. See See http://www.cms.gov/CCIIO/Programs-and-Initiatives/ Insurance-Programs/Pre-Existing-Condition-InsurancePlan.html; and https://www.pcip.gov. ERRP has provided payments to almost 2,900 employers and other sponsors of retiree plans. The program ended on January 1, 2014; however, HHS stopped accepting new ERRP applications on May 5, 2011, because of limited funding. See Insurance-Plan.html.

    1102

    New freestanding authority

    Early Retiree Reinsurance Program (ERRP). Required the Secretary to establish a temporary ERRP to provide reimbursement to participating employer-based plans for a portion of the cost of providing health benefits to early retirees age 55-64 and their families. Appropriated $5 billion, to remain available without fiscal year limitation, to carry out the ERRP. [CMS/CCIIO]

    According to the Budget Appendixes for FY2011-FY2016, net ERRP outlays through FY2014 = $4.973 billion.

    ERRP provided payments to almost 2,900 employers and other sponsors of retiree plans. The program ended on January 1, 2014; however, HHS stopped accepting new ERRP applications on May 5, 2011, because of limited funding. See
    http://www.cms.gov/CCIIO/Programs-and-Initiatives/ Insurance-Programs/Early-Retiree-Reinsurance-Program.html; and http://www.errp.gov. ACA Section 1311 Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise New freestanding authority .

    1311

    New freestanding authority

    Health insurance exchange grants. Appropriated to the Secretary an amount necessary to award exchange planning and establishment grants to states. Instructs the Secretary each fiscal year to determine the total amount to be made available. No grants may be awarded after January 1, 2015, by which time exchanges must be self-sustaining. [CMS/CCIIO; CFDA 93.525] $5.190 billion 1322 New freestanding authority

    $5.180 billion

    For more information on federal funding for health insurance exchanges, see CRS Report R43066, Federal Funding for Health Insurance Exchanges.

    1322

    New freestanding authority

    Consumer Operated and Oriented Plan (CO-OP). Required the Secretary to establish the CO-OP program to provide low-interest loans until July 1, 2013, for the creation of nonprofit member-run health insurance issuers that offer qualified health plans in the individual and small group markets. Appropriated $6 billion to carry out the CO-OP program. Note: [CMS/CCIIO] The FY2011 and FY2012 Labor-HHS-Education appropriations acts (P.L. 112-10 and P.L. 112-74, respectively) together rescinded a total of $2.6 billion of the original appropriation. The American Taxpayer Relief Act of 2012 (ATRA; CO-OP appropriation. ATRA ( P.L. 112-240) then ) rescinded 90% of the program's unobligated balance as of January 2, 2013, and transferred the remaining unobligated funds to a new CO-OP contingency fund to provide assistance and oversight to existing to CO-OP loan recipients, ending CMS’and ended CMS's authority to make new loans. Overall, Congress rescinded a total of $4.879 billion, leaving $1.121 billion of the original $6 billion CO-OP program appropriation. [CMS/CCIIO] As of September 26 As of December 31, 2014, a total of $2.3575 billion in loans had been awarded to 23 nonprofits offering coverage in 26 states. See 25 states. Of that total, approximately $1.1 billion is from the ACA appropriation and the remaining $1.4 billion is from Treasury borrowing. See http://www.cms.gov/CCIIO/Programs-andInitiatives/and-Initiatives/Insurance-Programs/Consumer-Operated-andOrientedand-Oriented-Plan-Program.html. 1323 New freestanding authority .

    1323

    New freestanding authority

    Funding for territories. Appropriated $1 billion, available for the period FY2014-FY2019, for U.S. territories that elect to establish a health insurance exchange. Funds must be used to provide premium and cost-sharing assistance to territory residents who obtain health insurance coverage through the exchange. No public information located on funding obligations. For more information on federal funding for health insurance exchanges, see CRS Report R43066, Federal Funding for Health Insurance Exchanges, Federal Funding for Health Insurance Exchanges. Medicaid and State Children's Health Insurance Program (CHIP) 2701 CRS-9 New SSA Sec. 1139B

    2701

    New SSA Sec. 1139B

    Medicaid adult health quality measures. Required the Secretary to develop and, not later than January 1, 2012, publish an initial core set of quality measures for Medicaid-eligible adults. Appropriated $60 million for each of FY2010- through FY2014, to remain available until expended. Total amount = $300 million. Note: The Protecting Access to Medicare Act of 2014 (PAMA; $300 million. [CMS; CFDA 93.609] PAMA (P.L. 113-93) required) requires $15 million of these funds to be used for the development of quality measures for children enrolled in Medicaid and CHIP, pursuant to SSA Sec. 1139A. [CMS; CFDA 93.609] $49 million See the ACA funds to be used for advancing and improving Medicaid/CHIP pediatric quality measures, pursuant to SSA Sec. 1139A(b).

    $49 million

    See
    http://www.medicaid.gov/Medicaid-CHIP-ProgramInformation/Program-Information/By-Topics/Quality-of-Care/Adult-Health-CareQuality-Measures.html. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise 2707 New freestanding authority Care-Quality-Measures.html.

    2707

    New freestanding authority

    Medicaid emergency psychiatric demonstration program. Appropriated $75 million for FY2011, to remain available for obligation through December 2015, for a three-year demonstration in which eligible states are required to reimburse certain institutions for mental disease (IMDs) for services provided to Medicaid beneficiaries aged 21 through 64 who are in need of medical assistance to stabilize an emergency psychiatric condition. [CMS/CMMI; CFDA 93.537] Eleven states plus DC are participating in the demonstration, which began in July 2012. Through June 2013, total federal and state outlays = $22 million. The federal share is approximately 57% of that total. See http://innovation.cms.gov/initiatives/Medicaid-Emergency-Psychiatric-Demo/.

    2801

    Amends SSA Sec. 1900

    Medicaid-EmergencyPsychiatric-Demo/. 2801 Amends SSA Sec. 1900 Medicaid and CHIP Payment and Access Commission (MACPAC). Clarified and expanded MACPAC's duties; for example, to include a review and assessment of payment policies under Medicaid and CHIP and how factors affecting expenditures and payment methodologies enable beneficiaries to obtain services, affect provider supply, and affect providers that serve a disproportionate share of low-income and other vulnerable populations. Appropriated $9 million and transferred from CHIP funding an additional $2 million for FY2010. Total amount = $11 million, to remain available until expended. ACA funding was obligated in FY2011 and FY2012. New freestanding authority See http://www.macpac.gov/.

    4108

    New freestanding authority

    Medicaid Incentives for the Prevention of Chronic Diseases (MIPCD). Required the Secretary to award five-year grants to states, subject to annual renewal of funding, to provide incentives for Medicaid beneficiaries to participate in evidence-based healthy lifestyle programs to prevent or help manage chronic disease. Appropriated $100 million for the five-year period beginning January 1, 2011, to remain available until expended. [CMS/CMMI; CFDA 93.536] $71 million Amends SSA Sec. 1139A(e)

    $71 million

    MIPCD grants, administered by CMMI, have been awarded to 10 states. See http://www.innovations.cms.gov/initiatives/MIPCD/index.html.

    4306

    Amends SSA Sec. 1139A(e)

    CHIP childhood obesity demonstration program. Appropriated $25 million for the period FY2010 through FY2014 for a program authorized by the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA; P.L. 111-3), which requires the Secretary to conduct a demonstration project to develop a model for reducing childhood obesity. [CDC; CFDA 93.535] $24 million Amends SSA Secs. 2104 & 2113 CHIP annual appropriations, and outreach and enrollment grants. Appropriated funding for the CHIP program for FY2014 ($19.147 billion) and FY2015 ($21.061 billion); the program previously had been funded through FY2013. Also, extended the time period for the Connecting Kids to Coverage Outreach and Enrollment grants through FY2015 and increased the existing appropriation for such grants from $100 million to $140 million. [CMS; CFDA 93.767] Since 2009, CMS has awarded three cycles of outreach and enrollment grants totaling $122 million to states, local governments, community organizations, and tribal organizations. 4108 4306 10203(d) CRS-10 See http://www.macpac.gov/. MIPCD grants, administered by CMMI, have been awarded to 10 states. See http://www.innovations.cms.gov/initiatives/ MIPCD/index.html. Funding has been awarded to three research facilities to identify effective childhood obesity prevention strategies, and to a fourth facility to evaluate the strategies and share successes. See http://www.cdc.gov/obesity/childhood/ researchproject.html. See

    MACRA (P.L. 114-10) appropriated additional funding for the childhood obesity demonstration program; $10 million for the two-year period FY2016 through FY2017.

    $24 million

    Funding has been awarded to three research facilities to identify effective childhood obesity prevention strategies, and to a fourth facility to evaluate the strategies and share successes. See http://www.cdc.gov/obesity/childhood/researchproject.html.

    10203(d)

    Amends SSA Secs. 2104 & 2113

    CHIP annual appropriations; outreach and enrollment grants. Appropriated funding for the CHIP program for FY2014 ($19.147 billion) and FY2015 ($21.061 billion); the program previously had been funded through FY2013.

    MACRA (P.L. 114-10) appropriated two more years of funding for the CHIP program; $19.3 billion for FY2016 and $20.4 billion for FY2017.

    Extended the time period for the Connecting Kids to Coverage Outreach and Enrollment grants through FY2015 and increased the existing appropriation for such grants from $100 million to $140 million. [CMS; CFDA 93.767]

    MACRA (P.L. 114-10) appropriated $40 million for the two-year period FY2016 through FY2017 for outreach and enrollment grants.

    Since 2009, CMS has awarded three cycles of outreach and enrollment grants totaling $126 million to states, local governments, community organizations, and tribal organizations.

    See
    http://www.insurekidsnow.gov/professionals/outreach/ grantees/index.html.

    Medicare

    3014

    Amends SSA Sec. 1890(b). New SSA Sec. 1890A

    index.html. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Medicare 3014 Amends SSA Sec. 1890(b). New SSA Sec. 1890A Medicare quality and efficiency measures. Expanded the duties of the consensus-based entity under contract with CMS pursuant to SSA Sec. 1890 (currently the National Quality Forum). Required the entity to convene multi-stakeholder groups to provide input on the national priorities for health care quality improvement (developed under the ACA). In addition, the multi-stakeholder groups are required to provide input on the selection of quality measures for use in various specified Medicare payment systems for hospitals and other providers, as well as in other health care programs, and for use in reporting performance information to the public. Established a multi-step pre-rulemaking process and timeline for the adoption, dissemination, and review of measures by the Secretary. Required the Secretary to transfer from the Medicare Part A and Part B trust funds $20 million for each of FY2010 through FY2014, to remain available until expended.aa Total amount = $100 million. [CMS] No public information located on funding obligations. 3021(a) New SSA Sec. 1115A

    3021(a)

    New SSA Sec. 1115A

    Center for Medicare and Medicaid Innovation (CMMI).CMMI). Required the Secretary, no later than January 1, 2011, to establish the CMMI within CMS. The purpose of CMMI is to test and evaluate innovative payment and service delivery models to reduce program expenditures under Medicare, Medicaid, and CHIP while preserving or enhancing the quality of care furnished under these programs. In selecting the models, the Secretary is also required to give preference to those that improve the coordination, quality, and efficiency of health care services. Appropriated (1) $5 million for FY2010 for the selection, testing, and evaluation of new payment and service delivery models; and (2) $10 billion for the period FY2011 through FY2019, plus $10 billion for each subsequent 10-year period, to continue such activities and for the expansion and nationwide implementation of successful models. Amounts are to remain available until expended.bb [CMS] According to CMS's budget documents (FY2013-FY2016), CMMI’ CMMI's obligations are as follows: FY2011 (actual) = $95 million; FY2012 (actual) = $781 million; FY2013 (actual) = $953 million; FY2014 (actual) = $1.181 billion; FY2015 (estimate) = $1.842 billion; FY2016 (estimate) = $1.646 billion. For information on CMMI's programs, which include several of the initiatives summarized in this table, see http://www.innovations.cms.gov/.

    3024

    New SSA Sec. 1866E

    Medicare independence at home demonstration program. Required the Secretary to conduct a three-year Medicare demonstration program, beginning no later than January 1, 2012, to test a payment incentive and service delivery model that uses physician- and nurse practitioner-directed primary care teams to provide home-based services to chronically ill patients. The Secretary must submit a plan, no later than January 1, 2016, for expanding the program if it is determined that such expansion would improve the quality of care and reduce spending. Required the Secretary to transfer from the Medicare Part A and Part B trust funds $5 million for each of FY2010 through FY2015 for administering and carrying out the demonstration, to remain available until expended.a a Total amount = $30 million. [CMS] Fourteen independent practices and one consortium are participating in the independence at home demonstration, administered by CMMI. No public information located on funding obligations. 3024 CRS-11 New SSA Sec. 1866E For information on CMMI’s programs, which include several of the initiatives summarized in this table, see http://www.innovations.cms.gov/. See funding obligations. See http://innovation.cms.gov/initiatives/Independence-at-Home/index.html.

    3026

    New freestanding authority

    Independence-atHome/index.html. ACA Section 3026 3027(b) 3113 3306 CRS-12 Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Community-based Care Transitions Program (CCTP). Required the Secretary to establish a five-year program, beginning January 1, 2011, to provide funding to eligible hospitals and community-based organizations to test models for improving care transitions from the hospital to other settings for high-risk Medicare beneficiaries. Required the Secretary to transfer from the Medicare Part A and Part B trust funds $500 million for the period FY2011 through FY2015, to remain available until expended.a Note: a [CMS] The FY2013 Labor-HHS-Education appropriations act (P.L. 113-6) ) rescinded $200 million of CCTP's transfer. [CMS] There are 72 organizations participating in the CCTP, which was launched in February 2012. The CCTP is administered by CMMI as part of the Partnership for Patients initiative. No public information located on funding obligations. See http://www.innovations.cms.gov/initiatives/CCTP/.

    3027(b)

    Amends DRA Sec. 5007

    Medicare hospital gainsharing demonstration program. CMS is supporting two projects that allow hospitals to provide gainsharing payments to physicians that represent a share of the savings incurred as a result of collaborative efforts to improve overall quality and efficiency. The ACA appropriated $1.6 million for FY2010, to remain available through FY2014 or until expended, for carrying out the demonstration. [CMS] There are two hospitals participating in the gainsharing demonstration, which is administered by CMMI. No public information located on funding obligations. New freestanding authority See http://innovation.cms.gov/initiatives/Medicare-Hospital-Gainsharing/.

    3113

    New freestanding authority

    Diagnostic laboratory test demonstration program. Required the Secretary to conduct a two-year demonstration program beginning July 1, 2011, with a subsequent report to Congress, to test the impact of direct payments for certain complex laboratory tests on Medicare costs and quality of care. Payments are to be made from the Part B trust fund and may not exceed $100 million. Transferred $5 million from the Medicare Part B trust fund, to remain available until expended, for carrying out the demonstration program and preparing the subsequent report. [CMS] Demonstration completed and evaluated, according to CMS. No other public information located. Amends MIPPA Sec. 119 See http://www.cms.gov/Medicare/Demonstration-Projects/DemoProjectsEvalRpts/Downloads/TCCDLT_FactSheet.pdf.

    3306

    Amends MIPPA Sec. 119

    Outreach and assistance for low-income programs. Transferred a total of $45 million from the Medicare Part A and Part B trust funds for the period FY2010 through FY2012 to extend funding for the following beneficiary outreach and education activities for low-income programs that were funded by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA; P.L. 110-275): (1) State Health Insurance Counseling and Assistance Programs (SHIPs), $15 million; (2) Area Agencies on Aging (AAAs), $15 million; (3) Aging and Disability Resource Centers (ADRCs), $10 million; and (4) the National Center for Benefits Outreach and Enrollment (NCBOE), $5 million. Note: Funds are to remain available until expended.c [ACL, CMS; CFDA 93.071] ATRA (P.L. 112-240) transferred $25 million for FY2013 for thesethe programs: (1) SHIPs, $7.5 million; (2) AAAs, $7.5 million; (3) ADRCs, $5 million; and (4) NCBOE, $5 million. The Pathway for SGR Reform Act of 2013 (PSGRRA; PSGRRA (P.L. 113-67, Division B) transferred $12.5 million to provide prorated funding for the first half of FY2014. PAMA (P.L. 113-93) amended PSGRRA by transferring $25 million for FY2014 (same as FY2013) and by transferring $12.5 million for the first half of FY2015. Funds are to remain available until expended.c [ACL, CMS; CFDA 93.071] $66 million (FY2009-FY2015) New freestanding authority Amends DRA Sec. 5007 See http://www.innovations.cms.gov/initiatives/CCTP/. See http://innovation.cms.gov/initiatives/Medicare-HospitalGainsharing/. See http://www.cms.gov/Medicare/Demonstration-Projects/ DemoProjectsEvalRpts/Downloads/TCCDLT_FactSheet.pdf. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise 3403 New SSA Sec. 1899A half of FY2015. MACRA (P.L. 114-10) amended PAMA by transferring the following amounts for FY2015 through FY2017: (1) SHIPs, $7.5 million for FY2015 and $13 million for each of FY2016 and FY2017; (2) AAAs, $7.5 million for each of FY2015 through FY2017; (3) ADRCs, $5 million for each of FY2015 through FY2017; and (4) NCBOE, $5 million for FY2015 and $12 million for each of FY2016 and FY2017.

    $66 million (FY2009-FY2015)

    3403

    New SSA Sec. 1899A

    Independent Payment Advisory Board (IPAB). Established an independent, 15-member advisory board tasked with presenting Congress with comprehensive proposals to reduce excess cost growth and improve quality of care for Medicare beneficiaries. Appropriated $15 million for FY2012 to support the board's activities. For each subsequent fiscal year, appropriates the amount from the previous fiscal year adjusted for inflation. Sixty percent of the appropriation is to be derived by transfer from the Medicare Part A trust fund, and 40% is to be derived by transfer from the Medicare Part B trust fund. Note: The Labor-HHS-Education appropriations acts for FY2012, FY2013, FY2014, and FY2015 (P.L. 112-74, , P.L. 113-6, , P.L. 113-76, and P.L. 113-235, respectively) each rescinded $10 million of IPAB’s 's appropriation for that fiscal year. The President has not appointed, nor has the Senate approved, any IPAB members. 4202(b) New freestanding authority

    4202(b)

    New freestanding authority

    Medicare prevention and wellness evaluation. Transferred $50 million from the Medicare Part A and Part B trust funds, to remain available until expended, to fund an evaluation of community-based prevention and wellness programs and, based on the findings, develop a plan to promote healthy lifestyles and chronic disease self-management among Medicare beneficiaries.aa [CMS] No public information located on funding obligations. 4204(e) New freestanding authority

    4204(e)

    New freestanding authority

    Medicare vaccine coverage. Appropriated $1 million for FY2010 for a GAO report on the impact of Medicare Part D vaccine coverage on access to those vaccines among beneficiaries. Report released in December 2011 (GAO-12-61; http://www.gao.gov/assets/590/587009.pdf).

    10323(a)

    New SSA Sec. 1881A

    ). 10323(a) New SSA Sec. 1881A Environmental health hazards. Extended Medicare eligibility to individuals with specified health conditions linked to environmental exposures, who have resided for specified times in an area subject to a Superfund public health emergency declaration. Required the Secretary to establish a pilot program, with appropriate reimbursement methodologies, to provide comprehensive, coordinated, and cost-effective care to such individuals. Transferred such sums as may be necessary from the Medicare Part A and Part B trust funds to carry out the pilot program.aa [CMS] No public information located on funding obligations. 10323(b) New SSA Sec. 2009

    10323(b)

    New SSA Sec. 2009

    Environmental health hazards. Appropriated $23 million for the period FY2010 through FY2014, and $20 million for each five-year period thereafter, for grants to state and local government agencies, health care facilities, and other entities to (1) provide screening for specified lung diseases and other environmental health conditions to individuals who have resided for specified times in an area subject to a Superfund public health emergency declaration; and (2) disseminate public information about the availability of screening, the detection and treatment of environmental health conditions, and the availability of Medicare benefits to certain individuals diagnosed with such conditions, pursuant to new SSA Sec. 1881A (as added by ACA Sec. 10323(a)). [CMS; CFDA 93.534] $10 million CRS-13

    $10 million

    Funding provided for an asbestos health screening program in Libby, Montana. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Fraud and Abuse 6402(i) & HCERA Sec. 1303(a) Amends SSA Sec. 1817(k) Libby, Montana.

    Fraud and Abuse

    6402(i) & HCERA Sec. 1303(a)

    Amends SSA Sec. 1817(k)

    Health Care Fraud and Abuse Control (HCFAC) Account. Applied a permanent inflation adjustment to the annual appropriation (provided under SSA Sec. 1817(k)) for the HCFAC account. Appropriated from the Medicare Part A trust fund the following supplemental amounts for the HCFAC account: $10 million for each of FY2011 through FY2020; plus an additional $95 million for FY2011, $55 million for FY2012, $30 million for each of FY2013 and FY2014, and $20 million for each of FY2015 and FY2016. Total amount = $350 million. Funds are to remain available until expended. [CMS] No public information located on ACA funding obligations. New freestanding authority

    Health Centers

    4101(a)

    New freestanding authority

    School-based health centers (SBHCs). Appropriated $50 million for each of FY2010 through FY2013, to remain available until expended, for a grant program to fund the construction and renovation of school-based health centers. Total amount = $200 million. [HRSA; CFDA 93.501] $136 million New freestanding authority Community-based health centers. Transferred from the CHCF the

    $135 million

    See http://bphc.hrsa.gov/about/healthcentersaca/acacapital/index.html.

    10503(b)(1)

    New freestanding authority

    Community-based health centers. Appropriated to the CHCF the
    following amounts for health center operations, to remain available until expended: FY2011 = $1 billion; FY2012 = $1.2 billion; FY2013 = $1.5 billion; FY2014 = $2.2 billion; and FY2015 = $3.6 billion. Total amount = $9.5 billion. [HRSA; CFDA 93.527]

    MACRA (P.L. 114-10) appropriated to the CHCF two years of additional funding for health center operations; $3.6 billion for each of FY2016 and FY2017.

    According to the Budget Appendixes for FY2013-FY2016, the obligations of ACA funds for health centers are as follows: FY2011 (actual) = $998 million; FY2012 (actual) = $1.171 billion; FY2013 (actual) = $1.491 billion; FY2014 (actual) = $2.152 billion; FY2015 (estimate) = $2.968 billion; FY2016 (estimate) = $178 million. Health Centers 4101(a) 10503(b)(1) See http://bphc.hrsa.gov/.

    10503(c)

    New freestanding authority

    http://bphc.hrsa.gov/about/schoolbased/index.html. See http://bphc.hrsa.gov/index.html. 10503(c) New freestanding authority Health center construction and renovation. Appropriated $1.5 billion, to be available for the period FY2011 through FY2015, and to remain available until expended, for health center construction and renovation. [HRSA; CFDA 93.526] $1.520 billion Health Workforce and the National Health Service Corps 10503(b)(2) New freestanding authority [HRSA; CFDA 93.526]

    $1.520 billion

    See http://bphc.hrsa.gov/about/healthcentersaca/acacapital/index.html.

    Health Workforce and the National Health Service Corps

    10503(b)(2)

    New freestanding authority

    National Health Service Corps (NHSC). Transfers from the CHCF the following amounts for NHSC operations, scholarships, and loan repayments, to remain available until expended: FY2011 = $290 million; FY2012 = $295 million; FY2013 = $300 million; FY2014 = $305 million; and FY2015 = $310 million. Total amount = $1.5 billion. [HRSA; CFDA 93.547]

    MACRA (P.L. 114-10) appropriated to the CHCF two years of additional funding for NHSC operations, scholarships, and loan repayments; $310 million for each of FY2016 and FY2017.

    According to the Budget Appendixes for FY2013-FY2016, the obligations of ACA funds for the NHSC are as follows: FY2011 (actual) = $289 million; FY2012 (actual) = $297 million; FY2013 (actual) = $286 million; FY2014 (actual) = $281 million; FY2015 (estimate) = $287 million. See http://nhsc.hrsa.gov/.

    5507(a)

    New SSA Sec. 2008

    http://nhsc.hrsa.gov/. CRS-14 ACA Section 5507(a) 5507(b) 5508(c) 5509 10502 CRS-15 Statutory Authority New SSA Sec. 2008 Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Health workforce demonstration programs. Required the Secretary to establish two demonstration projects. The first is to award health profession opportunity grants to states, Indian tribes, institutions of higher education, and local workforce investment boards to help low-income individuals obtain education and training in health care jobs that pay well and are in high demand. Funds may be used to provide financial aid and other supportive services. The second project is to provide states with grants to develop core training competencies and certification programs for personal and home care aides. Appropriated $85 million for each of FY2010 through FY2014, of which $5 million in each of FY2010 through FY2012 is to be used for the second project. Total amount = $425 million. Note: [ACF, HRSA; CFDA 93.093, 93.512] PAMA (P.L. 113-93) appropriated $85 million for FY2015. MACRA (P.L. 114-10) appropriated $85 million for each of FY2016 and FY2017.

    $330 million: Health Profession Opportunity Grant (HPOG)

    $13 million: Personal and Home Care Aide State Training (PHCAST) program

    See http://www.acf.hhs.gov/programs/ofa/programs/hpog; and http://bhpr.hrsa.gov/nursing/grants/phcast.html.

    5507(b)

    Amends SSA Sec. 501(c)

    P.L. 11393) provided an additional year of funding (i.e., $85 million for FY2015). [ACF, HRSA; CFDA 93.093, 93.512] $330 million: Health Profession Opportunity Grant (HPOG) Amends SSA Sec. 501(c) Family-to-family health information centers. Renewed funding for the family-to-family information centers, which assist families of children with disabilities or special health care needs and the professionals who serve them, by appropriating $5 million for each of FY2010 through FY2012, to remain available until expended. Total amount = $15 million. Note: ATRA ([HRSA; CFDA 93.504] ATRA (P.L. 112-240) appropriated $5 million for FY2013;. PSGRRA (P.L. 113-67, , Division B) appropriated $2.5 million for the first half of FY2014; and PAMA (. PAMA (P.L. 113-93) appropriated $2.5 million for the second half of FY2014 and $2.5 million for the first half of FY2015. [HRSA; CFDA 93.504] $11 million (FY2012-FY2015) New PHSA Sec. 340H MACRA (P.L. 114-10) amended PAMA by appropriating $5 million for each of FY2015 through FY2017.

    $11 million (FY2012-FY2015)

    See http://mchb.hrsa.gov/programs/familytofamily/index.html.

    5508(c)

    New PHSA Sec. 340H

    Teaching health centers. Appropriated such sums as may be necessary, not to exceed $230 million, for the period FY2011 through FY2015 to make payments for direct and indirect graduate medical education (GME) costs to qualified teaching health centers (THCs). [HRSA; CFDA 93.530] $160 million New freestanding authority Medicare graduate nurse education demonstration program.

    MACRA (P.L. 114-10) appropriated two years of additional funding for GME payments to THCs; $60 million for each of FY2016 and FY2017.

    $160 million

    See http://bhpr.hrsa.gov/grants/teachinghealthcenters/.

    5509

    New freestanding authority

    Medicare graduate nurse education demonstration program.
    Appropriated $50 million for each of FY2012 through FY2015, to remain available until expended, for a Medicare demonstration program under which up to five eligible hospitals will receive reimbursement for providing advanced practice nurses with clinical training in primary care, preventive care, transitional care, and chronic care management. Total amount = $200 million. [CMS/CMMI] CMMI, which is administering this program, selected five participating hospitals and has begun making reimbursement payments. No public information located on funding obligations. See http://innovations.cms.gov/initiatives/GNE/index.html.

    10502

    New freestanding authority

    Health care facility construction. Appropriated $100 million for FY2010, to remain available for obligation until Sept. 30, 2011, for debt service on, or construction or renovation of, a hospital affiliated with a state’s sole public medical and dental school. [HRSA; CFDA 93.502] $100 million New freestanding authority $13 million: Personal and Home Care Aide State Training (PHCAST) program See http://www.acf.hhs.gov/programs/ofa/programs/hpog; and http://bhpr.hrsa.gov/nursing/grants/phcast.html. See http://mchb.hrsa.gov/programs/familytofamily/index.html. See http://bhpr.hrsa.gov/grants/teachinghealthcenters/. See http://innovations.cms.gov/initiatives/GNE/index.html. Funding awarded to Ohio State University. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Community-Based Prevention and Wellness 4002 New freestanding authority state's sole public medical and dental school. [HRSA; CFDA 93.502]

    $100 million

    Funding awarded to Ohio State University.

    Community-Based Prevention and Wellness

    4002

    New freestanding authority

    Prevention and Public Health Fund (PPHF). Established a PPHF and originally provided a permanent annual appropriation to the fund, as follows: FY2010 = $500 million; FY2011 = $750 million; FY2012 = $1 billion; FY2013 = $1.25 billion; FY2014 = $1.5 billion; FY2015 and each year thereafter = $2 billion. Required the Secretary to transfer amounts from the fund to HHS accounts to increase funding, over the FY2008 level, for PHSA-authorized prevention, wellness, and public health activities, including prevention research and health screenings. Provided House and Senate appropriators with the authority to transfer monies from the PPHF to eligible activities. Note: The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 11296112-96) reduced the annual appropriations to the PPHF over the period FY2013FY2021FY2013-FY2021 as follows: FY2013 through FY2017 = $1 billion; FY2018 and FY2019 = $1.25 billion; FY2020 and FY2021 = $1.5 billion; FY2022 and each year thereafter = $2 billion. [OS, CDC, HRSA, SAMHSA, ACL; CFDA 93.507, , 93.521, 93.522, 93.523, 93.524, 93.531, 93.533, 93.538, 93.539, 93.540, 93.542.] PPHF funds are annual appropriations that must be obligated during the fiscal year in which they are made available. For an analysis and complete list of all PPHF awards for FY2010 and FY2011, see the GAO report, Prevention and Public Health Fund: Activities Funded in Fiscal Years 2010 and 2011 (GAO-1278812-788), at http://www.gao.gov/assets/650/648310.pdf. Maternal, infant, and early childhood home visiting program. . For a summary of the allocation of PPHF funds for FY2012, FY2013, FY2014, and FY2015, by agency and program, see http://www.hhs.gov/open/recordsandreports/prevention/index.html.

    The listed CFDA programs do not capture all the uses of PPHF funding. PPHF funds have also been integrated into existing programs that do not mention PPHF.

    Maternal and Child Health

    2951

    New SSA Sec. 511

    Maternal, infant, and early childhood home visiting program.
    Appropriated the following amounts for grants to states, U.S. territories, and Indian tribes to develop and implement early childhood home visiting programs that adhere to evidence-based models of service delivery: FY2010 = $100 million; FY2011 = $250 million, FY2012 = $350 million; FY2013 = $400 million; FY2014 = $400 million. Total amount = $1.5 billion. Programs must establish benchmarks to measure improvements for the participating families in maternal and newborn health; prevention of child abuse or neglect or child injuries; school readiness and achievement; reductions in crime or domestic violence; family economic self-sufficiency; and coordination and referrals for other community resources and supports. Note: [HRSA, ACF; CFDA 93.505, 93.508] PAMA (P.L. 113-93) appropriated $400 million for the first half of FY2015. MACRA (P.L. 114-10) amended PAMA by appropriating $400 million for each of FY2015 through FY2017.

    $1.717 billion

    See
    ) appropriated $400 million for the first half of FY2015. [HRSA, ACF; CFDA 93.505, 93.508] $1.677 billion For a summary of the allocation of PPHF funds for FY2012, FY2013, FY2014, and FY2015, by agency and program, see http://www.hhs.gov/open/recordsandreports/prevention/ index.html. The listed CFDA programs do not capture all the uses of PPHF funding. PPHF funds have also been integrated into existing programs that do not mention PPHF. Maternal and Child Health 2951 CRS-16 New SSA Sec. 511 See http://mchb.hrsa.gov/programs/homevisiting/.

    2953

    New SSA Sec. 513

    homevisiting/. ACA Section 2953 2954 1021110214 Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise New SSA Sec. 513 Personal Responsibility Education Program (PREP). Established a state formula grant program to support evidence-based PREPs designed to educate adolescents about abstinence, contraception, and adulthood. Also, required the Secretary to award grants to implement innovative youth pregnancy prevention strategies and to target services at high-risk populations. Appropriated $75 million for each of FY2010 through FY2014, of which $10 million each year is to be reserved for the youth pregnancy prevention grants. Total amount = $375 million. Funds are to remain available until expended. Note: [ACF; CFDA 93.092] PAMA (P.L. 113-93) appropriated $75 million for FY2015. [ACF; CFDA 93.092] $360 million Amends SSA Sec. 510 for FY2015. MACRA (P.L. 114-10) appropriated two more years of funding; $75 million for each of FY2016 and FY2017.

    $360 million

    See http://www.acf.hhs.gov/programs/fysb/programs/adolescent-pregnancy-prevention/programs/prep-competitive.

    2954

    Amends SSA Sec. 510

    Abstinence education grants. Renewed funding for the state formula grant program to support abstinence education programs by appropriating $50 million for each of FY2010 through FY2014. Total amount = $250 million. Funds are awarded to states based on the proportion of low-income children in each state compared to the national total, and may only be used for teaching abstinence. Note: [ACF, CDC; CFDA 93.235] PAMA (P.L. 113-93) appropriated $50 million for FY2015. [ACF, CDC; CFDA 93.235] $195 million (FY2010-FY2015) New freestanding authority for FY2015. MACRA (P.L. 114-10) appropriated two more years of funding; $75 million for each of FY2016 and FY2017.

    $195 million (FY2010-FY2015)

    See http://www.acf.hhs.gov/programs/fysb/resource/aegp-fact-sheet.

    10211-10214

    New freestanding authority

    Pregnancy assistance grants. Appropriated $25 million for each of FY2010 through FY2019 (total amount = $250 million) to establish a Pregnancy Assistance Fund for the purpose of awarding grants to states to assist pregnant and parenting teens and women. State grantees have the flexibility to make funds available to institutions of higher education, high schools and community service centers, and to the state attorneys general to improve services for pregnant women who are victims of domestic violence, sexual assault, or stalking. [OS; CFDA 93.500] $108 million

    $108 million

    See http://www.hhs.gov/ash/oah/oah-initiatives/paf/home.html.

    Long-Term Care

    2403

    Amends DRA Sec. 6071(h)

    Medicaid Money Follows the Person (MFP) demonstration program. Extended funding for the MFP demonstration through FY2016. The program authorizes the Secretary to award competitive grants to states to reduce their reliance on institutional care for people needing long-term care, and expand options for elderly people and individuals with disabilities to receive home and community-based long-term care services. Appropriated $450 million for each of FY2012 through FY2016, to remain available through FY2016. Total amount = $2.25 billion. [CMS; CFDA 93.791] $1.591 billion (FY2010-FY2015) See http://www.acf.hhs.gov/programs/fysb/programs/ adolescent-pregnancy-prevention/programs/prep-competitive. See http://www.acf.hhs.gov/programs/fysb/resource/aegp-factsheet. See http://www.hhs.gov/ash/oah/oah-initiatives/paf/home.html. Long-Term Care 2403 CRS-17 Amends DRA Sec. 6071(h) See

    $1.654 billion (FY2010-FY2015)

    See
    http://www.medicaid.gov/Medicaid-CHIP-ProgramInformation/Program-Information/By-Topics/Long-Term-Services-and-Supports/ Balancing/Money-Follows-the-Person.html.

    2405

    New freestanding authority

    Money-Follows-the-Person.html. ACA Section 2405 Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise New freestanding authority State Aging and Disability Resource Centers (ADRCs). Appropriated $10 million for each of FY2010 through FY2014 (total amount = $50 million) for ADRCs, authorized under OAA Sec. 202. ADRCs serve as a single, coordinated resource for consumer information on the range of long-term care options in community and institutional settings. Some ADRCs also serve as the entry point to publicly administered long-term care programs (e.g., Medicaid, OAA services, state assistance programs). Over 500 ADRC sites have been established across 50 states, DC, and two territories. See also the entry for ACA Sec. 3306, above. [ACL; CFDA 93.517] ] $28 million (FY2010-FY2015; includes ACA mandatory + discretionary funds) 6201 New freestanding authority See http://www.acl.gov/Programs/CDAP/OIP/ADRC/index.aspx.

    6201

    New freestanding authority

    Background checks of long-term care providers. Required the Secretary to establish a nationwide program for background checks on direct patient access employees of long-term care facilities or providers, and to provide federal matching funds to states to conduct these activities. Required the Treasury Secretary to transfer to HHS an amount, not to exceed $160 million, specified by the HHS Secretary as necessary to carry out the program for the period FY2010 through FY2012. Funds are to remain available until expended. [CMS; CFDA 93.506] $56 million 8002(d) Amends DRA Sec. 6021(d)

    $58 million

    8002(d)

    Amends DRA Sec. 6021(d)

    National Clearinghouse for Long-Term Care Information. Appropriated $3 million for each of FY2011 through FY2015 for the National Clearinghouse for Long-Term Care Information, and required the Clearinghouse to include information on the Community Living Assistance Services and Supports (CLASS) program, established under ACA Sec. 8002(a). Total amount = $15 million. Note: [ACL] ATRA (P.L. 112-240) repealed the appropriations for the National Clearinghouse and rescinded all unobligated FY2013 funds (as of January 3, 2013), and . It also repealed the CLASS program. [ACL] $6 million (FY2011-FY2013) See http://www.acl.gov/Programs/CDAP/OIP/ADRC/ index.aspx. See http://longtermcare.gov/. Comparative Effectiveness Research 6301(d)-(e) CRS-18 New IRC Secs. 9511, 4375, & 4376. New SSA Sec. 1183 Patient-Centered Outcomes Research Trust Fund (PCORTF).

    $6 million (FY2011-FY2013)

    See http://longtermcare.gov/.

    Comparative Effectiveness Research

    6301(d)-(e)

    New IRC Secs. 9511, 4375, & 4376. New SSA Sec. 1183

    Patient-Centered Outcomes Research Trust Fund (PCORTF).
    Established the PCORTF to fund the new Patient-Centered Outcomes Research Institute (PCORI) and its comparative effectiveness research activities. Appropriated to the PCORTF $10 million for FY2010, $50 million for FY2011, and $150 million for each of FY2012 through FY2019, for a total of $1.26 billion over that 10-year period. For each of FY2013 through FY2019, the PCORTF is to receive additional appropriations equal to the net revenues from a new fee on health insurance policies and self-insured plans,d d as well as Medicare trust fund transfers.ee Each fiscal year, 20% of the funds in the PCORTF are to be transferred to the Secretary, to remain available until expended. Of those transferred funds, 80% are to be provided to AHRQ. [OS, AHRQ] As of March As of May 2015, PCORI has awarded a total of $735855 million for research and other initiatives. For complete details on all the research awards, see http://www.pcori.org/. . Based on the actual (FY2010-FY2014) and estimated (FY2015FY2016FY2015-FY2016) PCORTF receipts shown in the FY2016 Budget, and the projected receipts over the remaining three years (FY2017-FY2019), the PCORTF will receive a total of more than $4 billion through FY2019. ACA Section Statutory Authority Summary of Provision Obligations as of Mar. 4, 2015, Based on TAGGS Unless Specified Otherwise Biomedical Research 9023 New IRC Sec. 48D than $4 billion through FY2019.

    Biomedical Research

    9023

    New IRC Sec. 48D

    Therapeutic research and development tax credits and grants. Created a two-year tax credit program, subject to an overall cap of $1 billion, for small companies (250 or fewer employees) that invest in new therapies to prevent, diagnose, and treat cancer and other diseases. Companies could apply for one or more tax credits, each covering up to 50% of the cost of qualifying research investments made in 2009 and 2010. However, the total amount of tax credits any one company receives for the two years could not exceed $5 million. Companies could elect to receive one or more grants in lieu of tax credits, subject to the same restrictions (i.e., grants could cover up to 50% of the cost of qualifying investments made in 2009 and 2010; the total amount of grants any one company receives for the two years could not exceed $5 million). Appropriated such sums as may be necessary to carry out the grant program. [IRS] According to the IRS: total grant awards = $970 million; total tax credits = $17 million. See http://www.irs.gov/Businesses/Small-Businesses-&-SelfEmployed/-Self-Employed/Qualifying-Therapeutic-Discovery-Project-Creditsand-Grants. ACA Implementation: Administrative Expenses HCERA Sec. 1005 New freestanding authority Credits-and-Grants.

    ACA Implementation: Administrative Expenses

    HCERA Sec. 1005

    New freestanding authority

    Health Insurance Reform Implementation Fund (HIRIF). Appropriated $1 billion to the HIRIF for federal administrative expenses to carry out the ACA. [OS] According to the FY2016 Budget, there was an unobligated balance of $26 million at the beginning of FY2015. Source: Sources: Prepared by the Congressional Research Service based on the text of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), as amended. a. ACA (P.L. 111-148), HCERA (P.L. 111-152), ATRA (P.L. 112-240), PSGRRA (P.L. 113-67, Division B), PAMA (P.L. 113-93), and MACRA (P.L. 114-10). a. Transfers from the two trust funds are in such proportion as the Secretary determines appropriate. b. to be appropriate. b. Of the amounts appropriated for the period FY2011-FY2019, and for each subsequent 10-year period, at least $25 million must be made available each fiscal year for the selection, testing, and evaluation of new payment and service delivery models. c. c. Transfers from the two trust funds are in the same proportion as the Secretary determines under SSA Sec. 1853(f). d. d. The health insurance fee is to equal $2 multiplied by the average number of covered lives in a policy/plan year ($1 in the case of a policy/plan year ending during FY2013), updated annually by the rate of medical inflation beginning in FY2015. e. e. The trust fund transfers are to equal $2 ($1 in FY2013) multiplied by the average number of individuals entitled to benefits under Part A or enrolled under Part B in a given fiscal year, updated annually by the rate of medical inflation beginning in FY2015. CRS-19 Table 3. ACA Appropriations and Fund Transfers by Fiscal Year in Which Funds Become Available for Obligation Dollars in Millions, Includes Funding Extensions and Rescissions Fiscal Year ACA Section Program 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Totala (Note: This section also authorizes to be appropriated SSAN for FY2011 and each fiscal year thereafter.) 30 Private Health Insurance 1002 Health insurance consumer information 30b 1003 Review of health insurance premium rates 250 — — — — — — — — — 250 1101 Temporary high-risk health insurance pools 5,000b — — — — — — — — — 5,000 1102 Early retiree reinsurance program 5,000b — — — — — — — — — 5,000 1311 Health insurance exchange planning and establishment Indefinite appropriation; annual amounts determined by the Secretary. No awards after Jan. 1, 2015. Obligations as of Mar. 4 = $5.2 billion. — — — — TBDc 1322 Consumer operated and oriented plans (CO-OPs) — — — — 1,121d 1323 Health insurance exchange subsides (U.S. territories) 1,121d — — — — — — — — — $1 billion total for CY2014 through CY2109e 1,000 Medicaid and Children’s Health Insurance Program (CHIP) 2701 Medicaid adult health quality measures 60 60 60 60 60 — — — — — 300f 2707 Medicaid emergency psychiatric demonstration — 75g — — — — — — — — 75 2801 Medicaid and CHIP Payment and Access Commission 4108 Medicaid prevention and wellness incentives — 4306 CHIP childhood obesity demonstration $25 million total for FY2010 through FY2014 10203(d) CHIP annual appropriationi — 10203(d) CHIP outreach and enrollment grants CRS-20 11h (Note: This section also authorizes to be appropriated SSAN for FY2011 and each fiscal year thereafter.) $100 million total for CY2011 through CY2015f 11 — — — — 100 — — — — — 25 21,061 — — — — 40,208 Increases total funding from $100 million to $140 million and extends funding period through FY2015. — — — — 40 — — — 19,147 Fiscal Year ACA Section Program 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Totala Medicare 3014 Medicare quality and efficiency measures 3021(a) Center for Medicare and Medicaid Innovation 5 3024 Medicare independence at home demonstration 5j 3026 Community-based care transition services 3027(b) Medicare gainsharing demonstration 2 — — — — 3113 Diagnostic laboratory test demonstration 5l — — — 3306 Outreach and assistance for low-income programs 25m 3403 Independent Payment Advisory Board — — 5n 4202(b) Prevention and wellness evaluation 50j — — — — — — — — — 50 4204(e) GAO study of Medicare vaccine coverage 1 — — — — — — — — — 1 10323(a) Environmental health pilot program 10323(b) Environmental health screening and education 20j — 20 20 20 20 — — — — — $10 billion total for FY2011 through FY2019, and $10 billion for each subsequent 10-year period. 5 5 5 5 5 10,005f — — — — 30 — — — — 300k — — — — — 2f — — — — — — 5 25m 12.5m — — — — 107.5 $300 million total for FY2011 through FY2015k $45 million total for FY2010 through FY2012m 100 For FY2013 and each subsequent fiscal year, appropriates previous year’s amount adjusted for inflation; funds derived from the Medicare trust funds.n TBDc SSANj TBDc $20 million total for FY2015 though FY2019, and for each 5-year period thereafter $23 million total for FY2010 through FY2014 43f Fraud and Abuse 6402(i) & HCERA 1303(a) Health Care Fraud and Abuse Control (HCFAC) Account — 105 65 40 40 30 30 10 10 10 350o 50 50 50 50 — — — — — — 200f Health Centers 4101(a) CRS-21 School-based health center establishment grants Fiscal Year ACA Section Program 2010 2011 10503(b)(1) Community-based health center operations (CHCF) — 10503(c) Health center construction and renovation — 2012 1,000 2013 1,200 1,500 2014 2015 2,200 3,600 $1.5 billion total for FY2011 through FY2015 2016 2017 2018 2019 Totala — — — — 9,500f — — — — 1,500f Health Workforce and the National Health Service Corps 10503(b)(2) National Health Service Corps (CHCF) — 290 295 300 305 310 — — — — 1,500f 5507(a) Health workforce demonstration grants 85 85 85 85 85 85p — — — — 510 5507(b) Family-to-family health information centers 5 5 5 5q 5q 2.5q — — — — 27.5f 5508(c) Teaching health centers, GME payments — SSAN for FY2011 through FY2015, not to exceed $230 million — — — — ≤230 5509 Medicare graduate nurse education demonstration — — 50 50 50 50 — — — — 200f 10502 Health care facility construction 100 — — — — — — — — — 100r 500 750 1,000 1,000 1,000 1,000 1,000 1,000 1,250 1,250 9,750s Community-Based Prevention and Wellness 4002 Prevention and Public Health Fund Maternal and Child Health 2951 Maternal, infant, and early childhood home visitation 100 250 350 400 400 400t — — — — 1,900 2953 Personal responsibility education program grants 75 75 75 75 75 75u — — — — 450f 2954 Abstinence education state grants 50 50 50 50 50 50v — — — — 300 10214 Pregnancy assistance grants 25 25 25 25 25 25 25 25 25 25 250 — 450 450 450 450 450 450 — — — 2,700 Long-Term Care 2403 CRS-22 Medicaid money follows the person demonstration Fiscal Year ACA Section Program 2405 State Aging and Disability Resource Centers 6201 Background checks of longterm care providers 8002(d) National Clearinghouse for Long-Term Care Information 2010 10 2011 2012 10 2013 10 Up to $160 million total for FY2010 through FY2012 — 3 3 2014 2015 2016 2017 2018 2019 Totala 10 10 — — — — — 50 — — — — — — — ≤160w 0x 0x 0x — — — — 6 Comparative Effectiveness Research 6301(d) Medicare trust fund transfers (PCORTF) — — — For each of FY2013-FY2019, transfers amounts from the Medicare trust funds as determined by a formula.y TBDc 6301(e) Appropriations and fees (PCORTF) 10 50 150 For each of FY2013-FY2019, appropriates $150 million plus an amount equal to the net revenue from a fee levied on health insurance and self-insured plans.z TBDc SSAN — — — — — — — — — ≤1aa — — — — — — — — — 1,000 Biomedical Research 9023(e) Grants for investment in new therapeutics ACA Implementation: Administrative Expenses HCERA 1005 Health Insurance Reform Implementation Fund 1,000 Source: Prepared by the Congressional Research Service based on the text of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148), as amended. Notes: Funds are provided from the Treasury unless otherwise noted. A dash means that ACA does not appropriate or transfer funds for the fiscal year(s) noted. a. Total represents the cumulative amount of appropriations or fund transfers over the 10-year period FY2010-FY2019. Note that in several instances the 10-year total is yet to be determined (TBD); see table entries for ACA Secs. 1311, 3403, 6301(d) & (e), 9023(e), and 10323(a). In addition, four provisions provide annual or multipleyear appropriations beyond FY2019. The total shown in the table for three of these provisions represents the cumulative amount appropriated through FY2019; see table entries for ACA Secs. 3021(a), 4002 (discussed in table note “s” below), and 10323(b). Finally, the total for ACA Sec. 6402(i) includes an amount appropriated in FY2020 (see table note “o” below). b. Funds are to remain available without fiscal year limitation. c. To be determined. d. ACA Sec. 1322 appropriated $6 billion for the CO-OP program. P.L. 112-10 rescinded $2.2 billion of that amount, and then P.L. 112-74 rescinded an additional $400 million. Finally, P.L. 112-240 rescinded 90% of the program’s unobligated balance as of January 2, 2013, and transferred the remaining unobligated funds to a new COOP contingency fund to provide assistance and oversight to CO-OP loan recipients. This effectively terminated CMS’s authority to make new loan awards. Overall, Congress rescinded a total of $4.879 billion, leaving $1.121 billion of the original $6 billion CO-OP program appropriation. e. Of this total amount, $925 million is for Puerto Rico, and the remaining $75 million is for the other U.S. territories in amounts as specified by the Secretary. f. Funds are to remain available until expended. CRS-23 g. Funds are to remain available for obligation through December 31, 2015. h. Of this total amount, $9 million is appropriated, and the remaining $2 million is a transfer from CHIP funding for FY2010. Funds are to remain available until expended. i. Prior to enactment of ACA, the CHIP program was funded through FY2013. j. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds each fiscal year in such proportion as the Secretary determines appropriate. Funds are to remain available until expended. k. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds each fiscal year in such proportion as the Secretary determines appropriate. Funds are to remain available until expended. P.L. 113-6 rescinded $200 million of the ACA’s original transfer of $500 million for CCTP. l. The Secretary is required to transfer the $5 million from the Medicare Part B trust fund, to remain available until expended. m. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds in the same proportion as the Secretary determines under SSA Sec. 1853(f). P.L. 112-240 extended funding for an additional year by transferring $25 million for FY2013 for the four outreach and assistance programs funded by ACA through FY2012. P.L. 113-93 further extended funding for the programs by transferring $25 million for FY2014 and $12.5 million for the first half of FY2015. Funds are to remain available until expended. See Table 2. n. P.L. 112-74 rescinded $10 million of IPAB’ (Subsequent Funding Extensions Shown in Italics)

    ACA Section

    Program

    Fiscal Year

    Totala    

    2010

    2011

    2012

    2013

    2014

    2015

    2016

    2017

    2018

    2019

     

    Private Health Insurance

    1002

    Health insurance consumer information

    30b

    (Note: This section also authorized to be appropriated SSAN for FY2011 and each fiscal year thereafter.)

    30

    1003

    Review of health insurance premium rates

    250

    250

    1101

    Temporary high-risk health insurance pools

    5,000b

    5,000

    1102

    Early retiree reinsurance program

    5,000b

    5,000

    1311

    Health insurance exchange planning and establishment

    Indefinite appropriation; annual amounts determined by the Secretary. No grant awards after Jan. 1, 2015.

    5,180c

    1322

    Consumer operated and oriented plans (CO-OPs)

    1,121d

    1,121d

    1323

    Health insurance exchange subsides (U.S. territories)

    $1 billion total for CY2014 through CY2109e

    1,000

    Medicaid and Children's Health Insurance Program (CHIP)

    2701

    Medicaid adult health quality measures

    60

    60

    60

    60

    60

    300f

    2707

    Medicaid emergency psychiatric demonstration

    75g

    75

    2801

    Medicaid and CHIP Payment and Access Commission

    11h

    (Note: This section also authorized to be appropriated SSAN for FY2011 and each fiscal year thereafter.)

    11

    4108

    Medicaid prevention and wellness incentives

    $100 million total for CY2011 through CY2015f

    100

    4306

    CHIP childhood obesity demonstration

    $25 million total for FY2010 through FY2014

    $10 million total for FY2016-FY2017i

    35

    10203(d)

    CHIP annual appropriationj

    19,147

    21,061

    19,300

    20,400

    79,908

    10203(d)

    CHIP outreach and enrollment grants

    Increased total funding from $100 million to $140 million and extended the funding period through FY2015.

    $40 million total for FY2016-FY2017k

    80

    Medicare

    3014

    Medicare quality and efficiency measures

    20l

    20

    20

    20

    20

    100

    3021(a)

    Center for Medicare and Medicaid Innovation

    5

    $10 billion total for FY2011 through FY2019, and $10 billion for each subsequent 10-year period.

    10,005f

    3024

    Medicare independence at home demonstration

    5l

    5

    5

    5

    5

    5

    30

    3026

    Community-based care transition services

    $300 million total for FY2011 through FY2015m

    300m

    3027(b)

    Medicare gainsharing demonstration

    2

    2f

    3113

    Diagnostic laboratory test demonstration

    5n

    5

    3306

    Outreach and assistance for low-income programso

    $45 million total for FY2010 through FY2012

    25

    25

    25

    37.5

    37.5

    195

    3403

    Independent Payment Advisory Boardp

    5

    For FY2013 and each subsequent fiscal year, appropriates previous year's amount adjusted for inflation; funds derived from the Medicare trust funds.

    TBDq

    4202(b)

    Prevention and wellness evaluation

    50l

    50

    4204(e)

    GAO study of Medicare vaccine coverage

    1

    1

    10323(a)

    Environmental health pilot program

    SSANl                   TBDq

    10323(b)

    Environmental health screening and education

    $23 million total for FY2010 through FY2014

    $20 million total for FY2015 though FY2019, and for each 5-year period thereafter

    43f

    Fraud and Abuse

    6402(i) & HCERA 1303(a)

    Health Care Fraud and Abuse Control (HCFAC) Account

    105

    65

    40

    40

    30

    30

    10

    10

    10

    350r

    Health Centers

    4101(a)

    School-based health center establishment grants

    50

    50

    50

    50

    200f

    10503(b)(1)

    Community-based health center operations (CHCF)

    1,000

    1,200

    1,500

    2,200

    3,600

    3,600s 3,600s

    16,700f

    10503(c)

    Health center construction and renovation

    $1.5 billion total for FY2011 through FY2015

    1,500f

    Health Workforce and the National Health Service Corps

    10503(b)(2)

    National Health Service Corps (CHCF)

    290

    295

    300

    305

    310

    310t 310t

    2,120f

    5507(a)

    Health workforce demonstration grants

    85

    85

    85

    85

    85

    85u 85u 85u

    680

    5507(b)

    Family-to-family health information centers

    5

    5

    5

    5v 5v 5v 5v 5v

    40f

    5508(c)

    Teaching health centers, GME payments

    SSAN for FY2011 through FY2015, not to exceed $230 million

    60w 60w

    ≤350

    5509

    Medicare graduate nurse education demonstration

    50

    50

    50

    50

    200f

    10502

    Health care facility construction

    100

    100x

    Community-Based Prevention and Wellness

    4002

    Prevention and Public Health Fund

    500

    750

    1,000

    1,000

    1,000

    1,000

    1,000

    1,000

    1,250

    1,250

    9,750y

    Maternal and Child Health

    2951

    Maternal, infant, and early childhood home visitation

    100

    250

    350

    400

    400

    400z 400z 400z

    2,700

    2953

    Personal responsibility education program grants

    75

    75

    75

    75

    75

    75aa 75aa 75aa

    600f

    2954

    Abstinence education state grants

    50

    50

    50

    50

    50

    50bb 75bb 75bb

    450

    10214

    Pregnancy assistance grants

    25

    25

    25

    25

    25

    25

    25

    25

    25

    25

    250

    Long-Term Care

    2403

    Medicaid money follows the person demonstration

    450

    450

    450

    450

    450

    450

    2,700

    2405

    State Aging and Disability Resource Centers

    10

    10

    10

    10

    10

    50

    6201

    Background checks of long-term care providers

    Up to $160 million total for FY2010 through FY2012

    ≤160cc

    8002(d)

    National Clearinghouse for Long-Term Care Information

    3

    3

    0dd 0dd 0dd

    6

    Comparative Effectiveness Research

    6301(d)

    Medicare trust fund transfers (PCORTF)

    For each of FY2013-FY2019, transfers amounts from the Medicare trust funds as determined by a formula.ee TBDq

    6301(e)

    Appropriations and fees (PCORTF)

    10

    50

    150

    For each of FY2013-FY2019, appropriates $150 million plus an amount equal to the net revenue from a fee levied on health insurance and self-insured plans.ff TBDq

    Biomedical Research

    9023(e)

    Grants for investment in new therapeutics

    SSAN

    ≤1gg

    ACA Implementation: Administrative Expenses

    HCERA 1005

    Health Insurance Reform Implementation Fund

    1,000

    1,000

    Sources: Prepared by the Congressional Research Service based on the text of the ACA (P.L. 111-148), HCERA (P.L. 111-152), ATRA (P.L. 112-240), PSGRRA (P.L. 113-67, Division B), PAMA (P.L. 113-93), and MACRA (P.L. 114-10).

    Notes: Funds are provided from the Treasury unless otherwise noted. A dash means that ACA did not appropriate or transfer funds for the fiscal year(s) noted.

    a. Total represents the cumulative amount of ACA appropriations or fund transfers over the 10-year period FY2010-FY2019, including any subsequent funding extensions (as summarized in Table 2 and highlighted in the table notes below). Note that in several instances the 10-year total is yet to be determined (TBD); see table entries for ACA Secs. 1311, 3403, 6301(d) & (e), 9023(e), and 10323(a). In addition, four provisions provide annual or multiple-year appropriations beyond FY2019. The total shown in the table for three of these provisions represents the cumulative amount appropriated through FY2019; see table entries for ACA Secs. 3021(a), 4002 (discussed in table note "s" below), and 10323(b). Finally, the total for ACA Sec. 6402(i) includes an amount appropriated in FY2020 (see table note "o" below). b. Funds are to remain available without fiscal year limitation. c. Total obligated funding as of May 4, 2015. d. The ACA appropriated $6 billion for the CO-OP program. The FY2011 and FY2012 Labor-HHS-Education appropriations acts (P.L. 112-10 and P.L. 112-74, respectively) rescinded a total of $2.6 billion of that amount. ATRA (P.L. 112-240) then rescinded 90% of the program's unobligated balance as of January 2, 2013, and transferred the remaining unobligated funds to a new CO-OP contingency fund to provide assistance and oversight to existing CO-OP loan recipients. This terminated CMS's authority to make new loan awards. Overall, Congress rescinded a total of $4.879 billion, leaving $1.121 billion of the original $6 billion CO-OP program appropriation. e. Of this total amount, $925 million is for Puerto Rico, and the remaining $75 million is for the other U.S. territories in amounts as specified by the Secretary. f. Funds are to remain available until expended. g. Funds are to remain available for obligation through December 31, 2015. h. Of this total amount, $9 million was appropriated, and the remaining $2 million was a transfer from CHIP funding for FY2010. i. MACRA (P.L. 114-10) appropriated additional funding—$10 million for the two-year period FY2016 through FY2017—for the childhood obesity demonstration. j. The ACA funded the CHIP program for FY2014 and FY2015. MACRA (P.L. 114-10) provided two extra years of funding (i.e., FY2016 and FY2017). k. MACRA (P.L. 114-10) appropriated additional funding—$40 million for the two-year period FY2016 through FY2017—for CHIP outreach and enrollment grants. l. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds each fiscal year in such proportion as the Secretary determines to be appropriate. Funds are to remain available until expended. m. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds each fiscal year in such proportion as the Secretary determines to be appropriate. Funds are to remain available until expended. The FY2013 Labor-HHS-Education appropriations act (P.L. 113-6) rescinded $200 million of the ACA's original transfer of $500 million for CCTP. n. The Secretary is required to transfer the $5 million from the Medicare Part B trust fund, to remain available until expended. o. The ACA funded these programs through FY2012. In subsequent legislative actions, Congress extended funding through FY2017; see Table 2. The Secretary is required to transfer amounts from the Medicare Part A and Part B trust funds in the same proportion as the Secretary determines under SSA Sec. 1853(f). Funds are to remain available until expended. p. The following Labor-HHS-Education appropriations acts rescinded IPAB funding: P.L. 112-74 rescinded $10 million of IPAB'
    s $15 million appropriation for FY2012; P.L. 113-6 rescinded $10 million of IPAB's appropriation for FY2013; and P.L. 113-76 rescinded $10 million of IPAB's appropriation for FY2014; and P.L. 113-235 rescinded $10 million of IPAB's appropriation for FY2015. o. q. To be determined. r. Funds are to be appropriated from the Medicare Part A trust fund. Note: The total amount appropriated (i.e., $350 million) includes a final appropriation of $10 million for FY2020. p. P.L. 113-93 provided an additional year of funding for health workforce demonstration grants. q. P.L. 112-240 appropriated $5 million for FY2013 for family-to-family health information centers. P.L. 113-67 and P.L. 113-93 provided an additional $5 million for FY2014 and a prorated amount for the first half of FY2015. See Table 2. r. Funds are to remain available for obligation until September 30, 2011. s. for FY2020. s. MACRA (P.L. 114-10) appropriated two years of additional funding (i.e., FY2016 and FY2017) for health center operations. t. MACRA (P.L. 114-10) appropriated two years of additional funding (i.e., FY2016 and FY2017) for the NHSC. u. In two separate legislative actions, Congress has extended funding for health workforce demonstration grants through FY2017; see Table 2. v. The ACA funded family-to-family health information centers through FY2012. In several subsequent legislative actions, Congress has extended funding through FY2017; see Table 2. w. MACRA (P.L. 114-10) appropriated two years of additional funding (i.e., FY2016 and FY2017) for teaching health centers. x. Funds were to remain available for obligation until September 30, 2011. y. ACA Sec. 4002 originally provided a permanent annual appropriation to the Prevention and Public Health Fund, as follows: FY2010 = $500 million; FY2011 = $750 million; FY2012 = $1 billion; FY2013 = $1.25 billion; FY2014 = $1.5 billion; FY2015 and each year thereafter = $2 billion. The Middle Class Tax Relief and Job Creation Act (P.L. 112-96)P.L. 112-96 reduced the annual appropriations to the PPHF over the period FY2013-FY2021, as follows: FY2013 through FY2017 = $1 billion; FY2018 and FY2019 = $1.25 billion; FY2020 and FY2021 = $1.5 billion; FY2022 and each year thereafter = $2 billion. Thus, appropriations to the fund now total $9.750 billion over the period FY2010-FY2019. t. P.L. 113-93 appropriated $400 million for the first half of FY2015. u. P.L. 113-93 provided an additional year of funding for PREP grants. v. P.L. 113-93 provided an additional year of funding for abstinence education grants. w. z. In two separate legislative actions, Congress has extended funding for the maternal, infant, and early childhood home visiting program through FY2017; see Table 2. . In two separate legislative actions, Congress has extended funding for PREP grants through FY2017; see Table 2. . In two separate legislative actions, Congress has extended funding for abstinence education grants through FY2017; see Table 2. . The HHS Secretary is required to notify the Treasury Secretary of the amount necessary to carry out activities under this section for the period of FY2010 through FY2012, but not to exceed $160 million. The Treasury Secretary must then transfer the amount specified from the Treasury to the HHS Secretary. Funds are to remain available until expended. x. . ATRA (P.L. 112-240) repealed the appropriations for the National Clearinghouse and rescinded all unobligated FY2013 funds (as of January 3, 2013). y. . ACA Sec. 6301(d) provided the following formula for the transfer of funds from the Medicare Part A and Part B trust funds to the PCORTF: (1) for FY2013, an amount from each respective Medicare trust fund equal to $1 multiplied by the average number of individuals entitled to Part A benefits, or enrolled in Part B during that period; and (2) for each of FY2014-FY2019, an amount from each respective Medicare trust fund equal to $2 multiplied by the average number of individuals entitled to Part A benefits, or enrolled in Part B during that fiscal year. Beginning in FY2015, amounts are subject to adjustment for increases in health care spending. CRS-24 The FY2015 Budget includes The FY2016 Budget included the following transfer amounts from the Medicare trust funds to the PCORTF: FY2013FY2014 actual = $52107 million; FY2014FY2015 estimate = $107 117 million; FY2015FY2016 estimate = $117124 million. z. . The fee is equal to $2 multiplied by the average number of covered lives in a policy/plan year ($1 in the case of policy/plan years ending during FY2013). Beginning in FY2015, amounts are subject to adjustment for increases in health care spending. The FY2015FY2016 Budget includesincluded the following fee revenue: FY2013FY2014 actual = $277135 million; FY2014 FY2015 estimate = $347373 million; FY2015FY2016 estimate = $392401 million. aa. . To be determined. ACA Sec. 9023(e) created a two-year tax credit program, subject to an overall cap of $1 billion, for small companies that invest in new therapies to prevent, diagnose and treat cancer and other diseases. The total amount of tax credits any one company can receive for the two years may not exceed $5 million. Companies may elect to receive one or more grants—for which SSAN are appropriated—in lieu of tax credits. Grant applications musthad to be received before January 1, 2013. CRS-25 Appropriations and Fund Transfers in the Affordable Care Act (ACA) Appendix A. 2013. Acronyms Used in the Report The following laws, agencies, programs, and funds are referred to in this report by their acronym: ACA

    ACA

    Patient Protection and Affordable Care Act (P.L. 111-148)

    ACF

    Administration for Children and Families

    ACL

    Administration for Community Living

    ADRC

    Aging and Disability Resource Center

    AHRQ

    Agency for Healthcare Research and Quality

    ATRA

    P.L. 111-148) ACF Administration for Children and Families ACL Administration for Community Living ADRC Aging and Disability Resource Center AHRQ Agency for Healthcare Research and Quality ATRA American Taxpayer Relief Act of 2012 (P.L. 112-240) BBA )

    BBA

    Bipartisan Budget Act of 2013 (P.L. 113-67, Division A) BBEDCA

    BBEDCA

    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177) BCA )

    BCA

    Budget Control Act of 2011 (P.L. 112-25)

    CBO

    Congressional Budget Office

    CCIIO

    Center for Consumer Information and Insurance Oversight

    CCTP

    Community-Based Care Transition Program

    CDC

    Centers for Disease Control and Prevention

    CFDA

    Catalog of Federal Domestic Assistance

    CHCF

    Community Health Center Fund

    CHIP

    State Children's Health Insurance Program

    CMMI

    Center for Medicare & Medicaid Innovation

    CMS

    Centers for Medicare & Medicaid Services

    CO-OP

    Consumer Operated and Oriented Plan

    DRA

    P.L. 112-25) CBO Congressional Budget Office CCIIO Center for Consumer Information and Insurance Oversight CCTP Community-Based Care Transition Program CDC Centers for Disease Control and Prevention CFDA Catalog of Federal Domestic Assistance CHCF Community Health Center Fund CHIP State Children’s Health Insurance Program CMMI Center for Medicare & Medicaid Innovation CMS Centers for Medicare & Medicaid Services CO-OP Consumer Operated and Oriented Plan DRA Deficit Reduction Act of 2005 (P.L. 109-171)

    ERRP

    Early Retiree Reinsurance Program

    HCERA

    P.L. 109-171) ERRP Early Retiree Reinsurance Program HCERA Health Care and Education Reconciliation Act of 2010 (P.L. 111-152)

    HCFAC

    Health Care Fraud and Abuse Control

    HHS

    Department of Health and Human Services

    HIRIF

    Health Insurance Reform Implementation Fund

    HRSA

    Health Resources and Services Administration

    OS

    Office of the Secretary (HHS)

    IPAB

    Independent Payment Advisory Board

    IRC

    Internal Revenue Code

    IRS

    Internal Revenue Service

    MACPAC

    Medicaid and CHIP Payment and Access Commission

    MIPCD

    Medicaid Incentives for the Prevention of Chronic Diseases

    MIPPA

    P.L. 111-152) HCFAC Health Care Fraud and Abuse Control HHS Department of Health and Human Services HIRIF Health Insurance Reform Implementation Fund HRSA Health Resources and Services Administration OS Office of the Secretary (HHS) IPAB Independent Payment Advisory Board IRC Internal Revenue Code IRS Internal Revenue Service MACPAC Medicaid and CHIP Payment and Access Commission MIPCD Medicaid Incentives for the Prevention of Chronic Diseases MIPPA Medicare Improvements for Patients and Providers Act of 2008 (P.L. 110-275)

    MFP

    Medicaid Money Follows the Person Demonstration

    NHSC

    National Health Service Corps

    OAA

    Older Americans Act

    OMB

    Office of Management and Budget

    PAMA

    P.L. 110-275) MFP Medicaid Money Follows the Person Demonstration NHSC National Health Service Corps Congressional Research Service 26 Appropriations and Fund Transfers in the Affordable Care Act (ACA) OAA Older Americans Act OMB Office of Management and Budget PAMA Protecting Access to Medicare Act of 2014 (P.L. 113-93)

    PCIP

    Pre-Existing Condition Insurance Plan

    PCORTF

    Patient-Centered Outcomes Research Trust Fund

    PHSA

    Public Health Service Act

    PPHF

    Prevention and Public Health Fund

    PREP

    Personal Responsibility Education Program

    PSGRRA

    P.L. 113-93) PCIP Pre-Existing Condition Insurance Plan PCORTF Patient-Centered Outcomes Research Trust Fund PHSA Public Health Service Act PPHF Prevention and Public Health Fund PREP Personal Responsibility Education Program PSGRRA Pathway for SGR Reform Act of 2013 (P.L. 113-67, Division B)

    SBHC

    School-Based Health Center

    SSA

    Social Security Act

    TAGGS

    Tracking Accountability in Government Grants System

    Annual Spending Reductions Under the Budget Control Act The Budget Control Act of 2011 (BCA)19 amended the Balanced Budget and Emergency Deficit
    , Division B) SBHC School-Based Health Center SSA Social Security Act TAGGS Tracking Accountability in Government Grants System Congressional Research Service 27 Appropriations and Fund Transfers in the Affordable Care Act (ACA) Appendix B. Annual Spending Reductions Under the Budget Control Act The Budget Control Act of 2011 (BCA)21 amended the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) by establishing two budget enforcement mechanisms to reduce federal spending by at least $2.1 trillion over the 10-year period FY2012 through FY2021. First, the BCA established enforceable limits, or caps, on discretionary spending for each of those years. Second, the BCA created a Joint Committee on Deficit Reduction to develop legislation to further limit federal spending. The failure of the Joint Committee to agree on deficit-reduction legislation triggered automatic annual spending reductions for each of FY2013 through FY2021. The BCA specified that a total of $109 billion must be cut each year from nonexempt budget accounts. That amount is equally divided between defense and nondefense spending. Within each category—defense and nondefense—the spending cuts are divided proportionately between discretionary spending and nonexempt mandatory (i.e., direct) spending. Under the BCA, the spending reductions are achieved through a combination of sequestration (i.e., an across-theboardthe-board cancellation of budgetary resources) and lowering the BCA-imposed discretionary spending caps. The BCA requires that the mandatory spending reductions in each category—defense and nondefense—must be executed each year by a sequestration of all nonexempt accounts, subject to the BBEDCA sequestration rules. Discretionary spending in each category is also subject to sequestration, but only in FY2013. For each of the remaining fiscal years (i.e., FY2014 through FY2021), discretionary spending reductions are to be achieved by lowering the discretionary spending caps for defense and nondefense spending by the total dollar amount of the reduction. Thus, congressional appropriators get to decide how to apportion the cuts within the lowered spending caps rather than having the cuts applied across-the-board to all nonexempt discretionary spending accounts through sequestration. The Office of Management and Budget (OMB) is responsible for calculating the percentages and amounts by which mandatory and discretionary spending are required to be reduced each year, and for applying the BBEDCA's sequestration exemptions and rules. The American Taxpayer Relief of 2012 (ATRA)2220 revised the discretionary spending caps for FY2013 and FY2014 and reduced the overall dollar amount that needed to be sequestered from FY2013 defense and nondefense spending. The Bipartisan Budget Act of 201323201321 further revised the spending caps for FY2014 and FY2015 and eliminated the requirements that these caps be lowered pursuant to the BCA's annual spending reductions.24 21 P.L. 112-25, 125 Stat. 240. P.L. 112-240, 126 Stat. 2313. 23 P.L. 113-67, Division A, 127 Stat. 1165. 24 For a more complete analysis of the Budget Control Act of 2011 and the amendments that were made to it by the American Taxpayer Relief Act of 2012, see CRS Report R41965, The Budget Control Act of 2011, by Bill Heniff Jr., Elizabeth Rybicki, and Shannon M. Mahan; and CRS Report R42949, The American Taxpayer Relief Act of 2012: Modifications to the Budget Enforcement Procedures in the Budget Control Act, by Bill Heniff Jr. 22 Congressional Research Service 28 Appropriations and Fund Transfers in the Affordable Care Act (ACA) Author Contact Information C. Stephen Redhead Specialist in Health Policy credhead@crs.loc.gov, 7-2261 Acknowledgments The following CRS analysts contributed to earlier versions of this report: Kirsten Colello, Patricia Davis, Gary Guenther, Elayne Heisler, Lisa Herz, Janet Kinzer, Sarah Lister, Alison Mitchell, Bernice Reyes, Amanda Sarata, Carmen Solomon-Fears, Emilie Stoltzfus, and Susan Thaul. Congressional Research Service 29 22

    Author Contact Information

    [author name scrubbed], Specialist in Health Policy ([email address scrubbed], [phone number scrubbed])

    Acknowledgments

    The following CRS analysts contributed to earlier versions of this report: Kirsten Colello, Patricia Davis, [author name scrubbed], Elayne Heisler, Lisa Herz, [author name scrubbed], Sarah Lister, [author name scrubbed], Bernice Reyes, Amanda Sarata, [author name scrubbed], [author name scrubbed], and [author name scrubbed].

    Footnotes

    1.

    The ACA was signed into law on March 23, 2010 (P.L. 111-148, 124 Stat. 119). A week later, on March 30, 2010, the President signed the Health Care and Education Reconciliation Act (HCERA; P.L. 111-152, 124 Stat. 1029), which amended numerous health care and revenue provisions in the ACA and added multiple new stand-alone provisions. Congress and the President have since enacted several other bills that have made targeted changes to specific ACA provisions. All references to the ACA in this report refer, collectively, to the law as amended and to other related HCERA provisions.

    2.

    Mandatory, or direct, spending generally refers to outlays from budget authority (i.e., the authority to incur financial obligations that result in government expenditures such as paying salaries, purchasing services, or awarding grants) that is provided in authorizing laws, as opposed to annual appropriations acts. It includes spending on entitlement programs (e.g., Medicare, Social Security).

    3.

    While a detailed examination of the ACA is beyond the scope of this report, numerous CRS products that provide more in-depth information on the many new programs and activities authorized and funded by the law are available at http://www.crs.loc.gov (see under "Issues Before Congress: Health").

    4.

    CBO, Updated Budget Projections: 2015 to 2025, March 2015, https://www.cbo.gov/sites/default/files/cbofiles/attachments/49973-UpdatedBudgetProjections.pdf.

    5.

    CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by [author name scrubbed].

    6.

    CFDA is a government-wide compendium of federal grant and other assistance programs. Each program is assigned a unique five-digit number, XX.XXX, where the first two digits represent the funding agency and the second three digits represent the program. Programs funded by the Department of Health and Human Services begin with the number 93. For more information, see https://www.cfda.gov.

    7. To access and search the TAGGS database, go to http://www.taggs.hhs.gov/. 8.

    The two other indefinite appropriations (i.e., Sections 5508(c), and 9023(e)) provide SSAN to carry out a program, but in each case there is an upper limit on the amount that may be appropriated. Note that a fourth provision (i.e., Section 10323(a)) requires the HHS Secretary to transfer SSAN from the Medicare trust funds to carry out a pilot program.

    9.

    For a state-by-state breakdown of ACA exchange planning and establishment grants, see CRS Report R43066, Federal Funding for Health Insurance Exchanges, by [author name scrubbed] and [author name scrubbed].

    10.

    For more information, see CRS Report R42433, Federal Health Centers, by [author name scrubbed]; and CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by [author name scrubbed].

    11. Section 3205 of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, 126 Stat. 156) reduced the ACA's annual appropriations to the PPHF over the period FY2013-FY2021 by a total of $6.25 billion. See Table 2. 12.

    For more information, see CRS Report R41390, Discretionary Spending Under the Affordable Care Act (ACA), coordinated by [author name scrubbed].

    13.

    P.L. 112-240, 126 Stat. 2313.

    14.

    P.L. 113-67, Division B, 127 Stat. 1195.

    15.

    P.L. 113-93, 128 Stat. 1040.

    16.

    P.L. 114-10, 129 Stat. 87.

    17.

    For more information on all the legislative actions taken to amend the ACA since its enactment, including actions taken through the annual appropriations process, see CRS Report R43289, Legislative Actions to Repeal, Defund, or Delay the Affordable Care Act, by [author name scrubbed] and [author name scrubbed].

    18.

    P.L. 112-25, 125 Stat. 240.

    19.

    P.L. 112-25, 125 Stat. 240.

    20.

    P.L. 112-240, 126 Stat. 2313.

    21.

    P.L. 113-67, Division A, 127 Stat. 1165.

    22.

    For a more complete analysis of the Budget Control Act of 2011 and the amendments that were made to it by the American Taxpayer Relief Act of 2012, see CRS Report R41965, The Budget Control Act of 2011, by [author name scrubbed], [author name scrubbed], and [author name scrubbed]; and CRS Report R42949, The American Taxpayer Relief Act of 2012: Modifications to the Budget Enforcement Procedures in the Budget Control Act, by [author name scrubbed]