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Center for Medicare & Medicaid Services Letter on Medicaid Lands in the Middle of New York’s Budget Negotiations

Key Highlights
March 4, 2026

On March 3, 2026, Center for Medicare & Medicaid Services (CMS) Administrator Dr. Mehmet Oz formally notified Governor Kathy Hochul and senior New York State Medicaid officials that the federal government is demanding extensive documentation regarding New York’s Medicaid program integrity, provider screening, and enrollment oversight.

The letter arrives in the most sensitive phase of New York’s budget cycle. The Governor’s Executive Budget was released in January, and the Senate and Assembly one-house budgets are imminent. Negotiations toward the April 1st statutory budget deadline are entering their most consequential stretch. Medicaid, which is already the largest driver of state spending growth, now sits under direct federal scrutiny in the middle of those negotiations.

While styled as an information request, the structure and tone mirror the early stages of the enforcement process CMS deployed in Minnesota earlier this year, which escalated quickly to a $259 million federal funding deferral. CMS has given New York 30 days to respond to 50 detailed questions across five high-risk service areas, including personal care (CDPAP), adult day care, home health aide services, non-emergency medical transportation (NEMT), and behavioral health.

Budget Context

New York’s Medicaid program exceeds $90 billion annually (approximately $124 billion including all funding sources), with roughly half financed by federal matching funds. Any federal action – whether deferrals, disallowances, or conditions on reimbursement – would immediately alter Albany’s fiscal math.

This comes at a moment when:

  • The Governor has proposed significant Medicaid spending growth in the Executive Budget.
  • The Hochul administration continues to defend projected savings tied to the CDPAP fiscal intermediary transition.
  • Legislative leaders are negotiating provider rates, workforce investments, and cost-containment mechanisms.
  • County leaders remain sensitive to Medicaid cost shifts.

The CMS inquiry introduces uncertainty into those negotiations. Even the possibility of federal funding deferrals complicates rate discussions and weakens the State’s negotiating leverage with providers and legislative stakeholders.

Political Overlay: Federal Pressure on Democratic-Led States

This action is part of the Trump administration’s publicly announced “war on fraud” initiative. Minnesota and California are facing parallel scrutiny. The policy argument—tightened oversight of high-growth service categories—is grounded in data CMS has cited. But the selection of states is also politically significant.

For Governor Hochul, this adds federal executive branch pressure to an already crowded oversight environment that includes:

  • Ongoing DOJ prosecutions in adult day care and home health sectors,
  • Congressional review of DSH-related issues,
  • State Senate investigations into the CDPAP transition.

The convergence creates a multi-front accountability environment during an election cycle and during budget negotiations.

Substantive Risk Areas

CMS’s data framing is pointed:

  • Personal care utilization levels far exceed national norms.
  • Adult day care billing shows recent spikes.
  • Home health and NEMT payments demonstrate rapid year-over-year growth.
  • Behavioral health psychotherapy codes reflect high aggregate spending.

Importantly, CMS is asking questions not just about fraud detection, but about eligibility standards, needs assessments, workforce documentation, and institutional diversion evidence. Those inquiries go to the structural design of New York’s community-based care model, not simply isolated bad actors.

Likely Albany Response

The State must now calibrate its response carefully.

An aggressively defensive posture risks accelerating enforcement escalation. An overly cooperative posture risks validating CMS’s framing during budget negotiations. Expect the administration to emphasize the scale and complexity of New York’s Medicaid program, highlight recent program integrity investments, and draw distinctions between isolated criminal conduct and systemic compliance failures.

Behind the scenes, DOB and legislative fiscal staff will begin modeling exposure scenarios. The question is not whether CMS has authority to request documentation—it clearly does—but whether it moves to use deferral authority before a formal noncompliance finding, as it did in Minnesota.

Implications for Stakeholders

For providers and stakeholders operating in affected sectors, the immediate takeaway is heightened scrutiny—both federally and in Albany.

During the remainder of budget negotiations, there are three key dynamics to watch:

  1. Whether legislative leaders condition Medicaid rate discussions on additional oversight measures.
  2. Whether the Governor’s office signals contingency planning in the event of federal funding disruption.
  3. Whether Minnesota’s pending federal litigation constrains CMS’s leverage.

This issue will not resolve before April 1. However, its presence will influence negotiations in the final weeks of the FY2027 budget process and may shape post-budget oversight legislation.

Frequently Asked Questions

CMS Administrator Dr. Mehmet Oz sent a letter demanding extensive documentation on New York’s Medicaid program integrity, provider screening, and enrollment oversight. The State had 30 days to answer 50 detailed questions.

The request comes during the most sensitive stretch of budget season, right as one-house budgets are about to be unveiled and before final negotiations ramp up toward the April 1st deadline. This request from CMS will create added uncertainty for Medicaid rates and funding discussions related to the overall budget.

CMS flagged five high-risk areas: personal care (CDPAP), adult day care, home health aide services, non-emergency medical transportation, and behavioral health. Stakeholders should watch for added oversight conditions in rate talks, State contingency planning for federal disruption, and how Minnesota’s litigation affects CMS’ leverage in other states, such as New York.

About Ostroff Associates: Experience, integrity and results define the work of Ostroff Associates, one of the premier and most successful government relations firms in New York. Providing services in lobbying, budget advocacy, procurement, strategic consulting, rules and regulations, compliance and communications, the Ostroff team has a nearly 30-year track record of expertly meeting the needs of clients of every size in every field.