Lawmakers are moving to dismantle a decade of administrative overreach that bypassed Congress to expand Medicaid through executive waivers and creative accounting.
The fundamental principle of the American republic is that the power of the purse belongs exclusively to the people’s representatives in Congress. However, a series of investigative reports and legislative audits suggest that for years, the executive branch has treated this constitutional mandate as a mere suggestion. Recent findings from RealClearInvestigations and other watchdog groups indicate that the Department of Health and Human Services (HHS) effectively doubled Medicaid home- and community-based services spending—amounting to tens of billions of dollars over a decade—by routing unapproved initiatives through state agencies after Congress explicitly rejected the Build Back Better proposal in 2021.
This administrative maneuver was executed through the aggressive use of Section 1115 waivers. By utilizing administrative guidance rather than legislative statute, the Centers for Medicare and Medicaid Services (CMS) greenlit state-level expansions while labeling the costs as “budget neutral.” Critics argue this was a sophisticated accounting fiction, as Congress never enacted the corresponding federal appropriations required to sustain such growth. This pattern of behavior mirrors the earlier SNAP “Thrifty Food Plan” episode, where executive agencies unilaterally increased entitlement spending, raising serious concerns regarding the separation of powers and the Anti-Deficiency Act.
The era of unchecked administrative expansion is now meeting a formidable legislative wall. The 2025 reconciliation law, titled the “One Big Beautiful Bill Act” (HR1), has formally written strict Medicaid Section 1115 “budget neutrality” requirements into federal statute. By shifting what was once a negotiable and often opaque CMS policy into binding law, Congress has significantly constrained the ability of HHS to approve expansionary waivers that lack a clear, legislated funding source. This statutory change serves as a vital check against the “policy by memo” culture that has dominated the federal health bureaucracy.
Fiscal discipline is also being enforced through the top-line budget. According to the KFF 2026 outlook, the current reconciliation law is projected to reduce federal Medicaid financing by an estimated $911 billion over the next ten years. These cuts are not merely abstract numbers; they are already rippling through the system as the federal government tightens rules on provider taxes and increases pressure on state budgets to verify eligibility. For the American taxpayer, this represents a necessary correction to a system that had become untethered from fiscal reality. For states, it marks the end of a period of artificial abundance fueled by administrative creative accounting.
Further oversight is mounting in the House-passed FY2026 HHS appropriations bill. This legislation layers additional policy onto the annual funding fight, targeting specific areas of potential waste and mismanagement. Lawmakers are now focusing on provider enrollment across state lines, stricter eligibility verification for military families, and a thorough re-evaluation of Disproportionate Share Hospital (DSH) payments. These measures ensure that Medicaid remains a focused safety net for the truly needy rather than a laboratory for unilateral executive experimentation.
As the Senate HELP Committee continues its review of the FY2027 budget, the tension between executive agencies and congressional appropriators remains high. Some lawmakers have accused HHS of withholding or redirecting funds that were explicitly appropriated for other purposes, a claim that dovetails with the narrative of administrative overreach. The preservation of the sacred doctor-patient relationship and the long-term sustainability of the healthcare safety net depend on transparent, lawful funding. By reclaiming authority over Medicaid waivers and enforcing strict budget neutrality, Congress is taking a vital step toward restoring the constitutional balance and ensuring that healthcare policy is driven by the people’s representatives, not unelected administrators in Washington.

