Summary of Activities that Continue
The Centers for Medicare & Medicaid Services (CMS) Medicare Program will continue during a lapse in appropriations. Other non-discretionary activities including Health Care Fraud and Abuse Control and Center for Medicare & Medicaid Innovation activities will also continue. CMS will have sufficient funding for Medicaid to fund the first quarter of FY 2023, based on the advance appropriation provided in the FY 2022 appropriation. CMS will maintain the staff necessary to make payments to eligible states for the Children's Health Insurance Program (CHIP). CMS will continue Federal Exchange activities, such as eligibility verification, using Federal Exchange user fee carryover.
CMS COVID Operations will not be impacted by a lapse in appropriation in FY 2023. CMS COVID Operations are primarily funded by the Coronavirus Aid, Relief, and Economic Security Act and are not subject to annual appropriations. Employees working on COVID fall into exempted status.
Summary of Contingency Staffing Plan
In the event of a lapse of appropriation, 3,070 (48%) of CMS staff will be retained including 2,742 (43%) who are exempt (their activities or position are already funded or otherwise exempt) and 328 (5%) who are excepted staff (their activities are deemed necessary by implication).
A total of 2,742 (43%) CMS staff will be exempt. Exempt CMS staff include one HHS Officer appointed by the President and 2,741 staff who support activities that have funding available during a lapse in appropriations. CMS employees funded from a variety of non-discretionary funding sources are exempt from furlough, such as those funded from the Health Care Fraud and Abuse Control Program, Quality Improvement Organizations, and user fees.
A total of 328 (5%) CMS staff are considered excepted and can legally continue their activities in the absence of appropriations. These staff fall into the category of those whose work is "necessarily implied" from the authorized continuation of other activities. These excepted CMS employees will primarily be working to ensure that funded activities (i.e. the Medicare program) continue operations.
CMS has 103 Commissioned Corps members who will continue working under this exception.