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Administering one of the nation's most complex entitlement programs, and the unwieldy trust fund that supports it, has been a constant challenge for the federal government since it created the programs in 1965.

The government first charged the Social Security Administration with running the newly enacted Medicare and Medicaid programs. But after 12 years, the programs' fast-growing complexities prompted a major reorganization. That year the government transferred both programs to the Department of Health and Human Services and a new Health Care Financing Administration, or HCFA.

HCFA oversaw most aspects of both Medicare and Medicaid for nearly 30 years. The organization grappled with exploding medical costs, a dramatically higher life expectancy and continual governmental reorganizations within HCFA and in the cabinet.

The Centers for Medicare & Medicaid Services

The latest incarnation of the government oversight came about in 2001, when Secretary of Health and Human Services Tommy Thompson ended HCFA and formed the new Centers for Medicare & Medicaid Services (CMS).

On July 1, 2001, the new CMS took over the programs. The Bush administration's proposal reorganized the sprawling department into three general divisions: the Center for Medicare Management, which focuses on traditional Medicare programs and the governments contracts with health care organizations; the Center for Beneficiary Choices, which oversees programs like Medicare+Choice, Medigap and other programs aimed at helping fill in the gaps left by the traditional Medicare program; and the Center for Medicaid and State Operations to facilitate the largely devolved Medicaid program with state governments.

The new system reflected a program radically different from the initial medical insurance program instituted in 1965. The Center for Medicare Management focuses on the traditional program: deciding what types of health policies the government would support, setting the reimbursement rate for doctors and managing the volumes of Medicare paperwork.

The second agency, the Center for Beneficiary Choices, represents a major shift in the agency's direction. It codifies and regulates what had been a growing menu of additional programs aimed at adding coverage for items that traditional Medicare Parts A and B do not cover. These programs, like Medigap insurance and Medicare+Choice, could greatly expand a recipient's options, but have been difficult for beneficiaries to understand.

"We need to make sure that the people who are covered by Medicare know exactly what choices they have for their health care coverage," said Tom Scully, Medicare & Medicaid administrator, in announcing the new department.

"Too many consumers just don't understand Medicare coverage options and the costs associated with them, from their Medigap options to Medicare+Choice to the cost of prescription drugs. We need to get that information to them and their family members, while working closely with the doctors and other health care providers who give them medical care."

The new agency focuses on public education and the creation of new options under these programs. It also consolidates the contracts the government enters into to provide the additional services and manages consumer research and grievance and appeals functions.

The final part of the agency focuses primarily on running the Medicaid program. Following the 1994 Republican takeover of Congress, the administration of many programs like Medicaid and other welfare programs was provided to the states, along with block grants to operate the new departments. The Medicaid agency now sets standards for those state programs to achieve and also approves individual state systems.

This section also administers several of the programs critical to offering health coverage of poorer Americans. In addition to Medicaid itself, this division oversees administration of the State Children's Health Insurance Program (SCHIP), which provides insurance for many of the nation's poor children and often their families.

Although the creation of the Baltimore, Md.-based CMS helped reorganize the agency, some residual issues linger for Congress and the federal agencies to rectify. One part of the system that has remained under Social Security Administration is the appeals process, under which a beneficiary contests a decision by the Medicare system.

Since 1995, administrative law judges from the SSA have heard all appeals to Medicare decisions. But the 2001 reorganization, under pressure from Congress, has moved to create a system that would ensure an appeal would be dealt with within 90 days instead of the current 330. It would also move to establish a separate set of administrative judges with a focus on health policy, rather than Social Security. But the CMS needs additional funds from Congress to establish and run a separate review division and with current budget deficits, the money has been slow to materialize and the backlog of cases threatens to swamp any new system.

"We believe that the Medicare hearing function is more appropriately housed within CMS, and we are moving forward to achieve this. However, this is an especially challenging time for this workload," Thomas A. Scully, administrator Centers For Medicare & Medicaid Services, told a House committee in April 2003. "While we have agreed with SSA in principle to assume responsibility for the Medicare hearings function effective October 1, 2003, we are still working out the details of the workload transfer."

The Trustees

Although the CMS and HHS have a clear directive to administer Medicare and its affiliated programs, neither agency is charged with maintaining the trust funds that actually pay for Medicare. This task falls to five trustees who monitor the finances and report periodically on the economic health and sustainability of the two main funds -- the Hospital Insurance program ("Part A" of Medicare) and the Supplementary Medical Insurance program ("Part B").

The same five trustees govern the two Medicare funds and the Old-Age and Survivors Insurance Trust Fund (Social Security): the secretary of the Treasury, who also serves as managing trustee and chair; the secretary of Labor; the secretary of Health and Human Services; and two private citizens.

The president nominates the two public trustees, who must be confirmed by the Senate, and may not be from the same political party. The government created the public positions in 1983 to increase public confidence in the trust funds. John L. Palmer and Thomas R. Saving are presently the two public trustees. Palmer, the recently retired dean of the Maxwell School of Citizenship and Public Affairs of Syracuse University, is a Democrat who has written extensively on the poor and rural welfare needs. Saving, a Republican, is director of the Private Enterprise Research Center at Texas A&M University and a senior fellow at National Center of Policy Analysis, a think tank that advocates private alternatives to government regulation and control.

These trustees not only report to Congress on the health of the funds, they also sound the alarm if the fund is not large enough to cover the costs in the system and recommend changes needed in the management of the finances.

The varied agencies and trustees of the Medicare system and its funding mechanisms have struggled to keep pace with the constantly evolving challenges of ensuring the guaranteed medical care for the nation's elderly and many of its poor.

-- By Lee Banville, Online NewsHour

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