Gov. Rick Scott continues to haggle with the federal government in court, filing a motion on Monday to compel mediation in U.S. district court.The motion is another action in the long, ongoing lawsuit between Florida and the U.S. Department of Health and Human Services over the state’s Low Income Pool funding.
Chief U.S. District Court Judge M. Casey Rodgers requested the federal government’s response no later than noon on Tuesday.
Mediation, the motion says, would be an appropriate step to allow Florida lawmakers adequate time to craft funding for state health care providers so they could provide health services to needy residents.
“By introducing a neutral mediator and insulating the process from extraneous influences, court-ordered mediation could facilitate a long-overdue conclusion to these negotiations quickly, equitably, permanently, and -- perhaps most importantly -- constitutionally, and do so in a timeframe that respects, rather than deliberately frustrates, the state’s impending budget deadline,” read the motion.
The federal government says it informed Florida the LIP funds were set to expire at the end of June. At the end of May, CMS told the state it would likely provide $1 billion next year to maintain hospital funding for the LIP program for the 2015-2016 fiscal year and $600 million for the following year, a significant slash from this year’s funding of $2 billion.
Over a month ago, Scott filed a lawsuit against the federal government seeking an emergency injunction so Florida could keep LIP funding at more than $2 billion. The state also filed a brief Monday responding to HHS’ filing last week.
The state says it has attempted to negotiate with the feds in a timely manner -- the feds have been playing coy so far, though, neither giving Scott nor the state a definitive answer on whether or not it will extend LIP.
In the motion to mediate, Scott’s attorneys say the Centers for Medicare and Medicaid Services keeps putting up roadblocks or simply go radio silent when it appears there may be an agreement.
The delays, attorneys say, have proven costly and thrown Florida lawmakers into a spiral of confusion and contention.
“Each day that passes without a resolution to this matter heightens the tension at the state Capitol, Defendants appear determined to leave the fate of the LIP program in limbo until long after that date -- presumably in an effort to coerce the state into expanding Medicaid or to punish the state for failing ultimately to do so,” the motion says.
Both documents filed Monday say a budget crisis is the surefire way to force Florida to accept the expansion.
[The defendants] are well aware that keeping Florida in a state of uncertainty as to whether it will face a potential $2 billion funding shortfall, if LIP ends entirely, is their best hope of pressuring the state into opting into expansion to solve its budget crisis,” read the brief responding to HHS.
A hearing for a temporary injunction to provide Florida $2 billion in LIP funding is scheduled to be held in Pensacola June 19, the day before Special Session A is scheduled to end.
Reach Tampa-based reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen
