The Centers for Medicare & Medicaid Services (CMS) has released an interim final rule on December 4th that implements new enforcement authorities to be used if states fail to comply with the new reporting requirements. These requirements are being put in place as states restore Medicaid eligibility and enrollment operations at the end of the Medicaid continuous enrollment condition.
The Consolidated Appropriations Act of 2023 gave CMS new enforcement authority to require states to submit a corrective action plan, suspend disenrollments from Medicaid for procedural reasons, impose civil monetary penalties, and apply a reduction to the state-specific Federal Medical Assistance Percentage for failure to meet reporting requirements. The rule will take effect on December 6th, and comments will be accepted through February 2nd.
To comment on the regulations, refer to file code CMS-2447-IFC and ensure that comments are received by one of the following addresses before February 2nd, 2024:
- Electronically: Submit comments on this regulation to regulations.gov, following the “Submit a comment” instructions.
- By regular mail: Mail written comments to the following address ONLY:
Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2447-IFC, P.O. Box 8016, Baltimore, MD 21244-8016.
Please allow sufficient time for mailed comments to be received before the close of the comment period. - By express or overnight mail: Send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-2447-IFC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
