Understanding New Medicaid Tax Guidance and Its Impact

Written by Robert Hess III, BSW, MPH, PMP, LEAN SSBB | Nov 22, 2025 3:24:24 PM

Overview of the New Medicaid Tax Guidance

The Centers for Medicare & Medicaid Services (CMS) have issued new guidance aimed at strengthening the oversight of Medicaid financing. This guidance focuses on health care-related taxes within Medicaid programs, setting new limits and closing loopholes that states have historically used to shift financial burdens to federal taxpayers. The guidance is part of the broader Working Families Tax Cuts (WFTC) legislation and aims to ensure that Medicaid dollars are spent responsibly and transparently. By issuing this guidance well in advance, CMS provides states the necessary time to adjust and plan their compliance efforts.

Implications of the Working Families Tax Cuts Legislation

The Working Families Tax Cuts legislation, formally known as Public Law 119-21, introduces significant changes to Medicaid financing. One of the key aspects of this legislation is the limitation on new or increased health care-related taxes. These changes are designed to prevent states from inappropriately drawing down federal matching funds. By prohibiting these practices, the legislation aims to restore a balanced commitment between state and federal responsibilities in financing Medicaid. CMS Administrator Dr. Mehmet Oz emphasizes that the goal is to protect the integrity of the federal-state partnership and ensure that Medicaid funds are used to benefit the program's beneficiaries.

Transition Periods for State Compliance

States will have until the end of their state fiscal year ending in 2026 to comply with new requirements related to taxes on services of managed care organizations. For other permissible tax classes, states have until the end of their state fiscal year ending in 2028 to fully comply. These transition periods are designed to give states ample time to adjust their financing structures and ensure a smooth transition to the new regulations. 

Closing the Provider Tax Loophole

A key component of the new guidance is the closure of a loophole related to provider taxes. This loophole allowed certain states to shift billions of dollars in costs to the federal government, undermining the fiscal integrity of Medicaid financing. States like California and New York, which took advantage of this loophole, will now need to unwind these practices. By closing this loophole, CMS aims to prevent inappropriate financing practices and ensure that Medicaid funds are used appropriately. The new guidance provides instructions on how states should transition away from these practices and adhere to the new regulations.

Future of Medicaid Financing and Program Integrity

As states transition to the new regulations, CMS will continue to provide guidance and support to ensure that Medicaid remains a sustainable and effective program for its beneficiaries.

In summary, the new Medicaid tax guidance issued by CMS marks a pivotal moment in Medicaid financing.