Washington, DC – Yesterday, Congressman Neal Dunn (Florida-02) led a letter with Florida Republicans to Secretary of Health and Human Services Robert Kennedy Jr, asking agencies under his jurisdiction to prevent Florida from being subjected to Biden-Era regulatory standards in the context of a Medicaid Section 1115 waiver for the state of Florida.

In 2022, the Center for Medicare and Medicaid Services (CMS) approved a new supplemental payment program for Florida. However, shortly after approving the program, CMS abruptly announced a sweeping audit of the financing of that program. Disturbingly, while Florida faced scrutiny, similar programs in states led by Democratic governors like California avoided such oversight. CMS’ recent updated amendment to special terms and conditions in the largely unrelated Florida Section 1115 waiver attempts to impose related regulatory interpretations that further target Florida and burden hospitals and patients.

“This latest action by CMS is part of a larger, troubling saga of CMS playing games with my home state while leaving similar programs in Democrat-led states untouched,” said Congressman Dunn. “For the last three years, CMS has subjected Florida to undue scrutiny and hardship despite having previously approved the state’s supplemental payment program to assist Medicaid providers. This effort would force Biden-era policies into the language of the waiver and are inconsistent with President Trump’s conservative agenda. I respectfully urge Secretary Kennedy to intervene by revoking this Biden-era guidance in the waiver and end the targeting the state of Florida.”

In response to CMS’ financing scrutiny, including guidance and audits, both Texas and Florida filed lawsuits against CMS. A federal court agreed with the Texas position, enjoining CMS from enforcing the new interpretation that was “distanced” from the statutory text. CMS seemingly backed down after the lawsuits and promised not to take action against states like Texas and Florida until 2028. However, 72 hours after President Trump’s election, CMS renewed its interest in Florida, informing the state that additional audit questions were imminent.

Congressman Dunn is joined by Rep. Kat Cammack (FL-03), Rep. Aaron Bean (FL-04), Rep. John Rutherford (FL-05), Rep. Gus Bilirakis (FL-12), Rep. Laurel Lee (FL-15), Rep. Vern Buchanan (FL-16), Rep. Greg Steube (FL-17), Rep. Byron Donalds (FL-19), Rep. Mario Diaz-Balart (FL-26), Rep. Maria Salazar (FL-27), and Rep. Carlos Gimenez (FL-28).

Read the letter to Secretary Kennedy here.