Proposed Rule2023-03621
Medicare Secondary Payer and Certain Civil Money Penalties; Extension of Timeline for Publication of Final Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document announces the 1-year extension of the timeline for publication of the final rule. Section 1871(a)(3)(A) of the Social Security Act (the Act) requires us to establish and publish a regular timeline for the publication of final regulations based on the previous publication of a proposed regulation. Section 1871(a)(3)(B) of the Act allows us to extend the timeline for publication of the final rule by publishing a Federal Register document which includes a brief explanation of the justification for the variation in the timeline.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Page 10868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03621]
[[Page 10868]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
[CMS-6061-RCN]
RIN 0938-AT86
Medicare Secondary Payer and Certain Civil Money Penalties;
Extension of Timeline for Publication of Final Rule
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Extension of timeline.
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SUMMARY: This document announces the 1-year extension of the timeline
for publication of the final rule. Section 1871(a)(3)(A) of the Social
Security Act (the Act) requires us to establish and publish a regular
timeline for the publication of final regulations based on the previous
publication of a proposed regulation. Section 1871(a)(3)(B) of the Act
allows us to extend the timeline for publication of the final rule by
publishing a Federal Register document which includes a brief
explanation of the justification for the variation in the timeline.
DATES: As of February 22, 2023, the timeline for the publication of the
final rule to finalize the provisions of the proposed rule published on
February 18, 2020 (85 FR 8793), is extended until February 18, 2024.
ADDRESSES: This is not a solicitation for comment. The February 18,
2020 proposed rule is available at <a href="https://www.federalregister.gov/d/2020-02085">https://www.federalregister.gov/d/2020-02085</a>.
FOR FURTHER INFORMATION CONTACT: Jacqueline Cipa, (410) 786-3259.
SUPPLEMENTARY INFORMATION: In the February 18, 2020 Federal Register
(85 FR 8793), we published a proposed rule titled ``Medicare Secondary
Payer and Certain Civil Money Penalties'' that specified how and when
CMS would calculate and impose civil money penalties (CMPs) when group
health plan (GHP) and non-group health plan (NGHP) responsible
reporting entities (RREs) fail to meet their Medicare Secondary Payer
(MSP) reporting obligations, as required under sections 1862(b)(7) and
1862(b)(8) of the Social Security Act (the Act). This document
announces an extension of the timeline for publication of the final
rule.
Section 1871(a)(3)(A) of the Act requires us to establish and
publish a regular timeline for the publication of final regulations
based on the previous publication of a proposed regulation.
Section 1871(a)(3)(B) of the Act allows the regular timeline for
publishing Medicare final regulations to vary based on the complexity
of the regulation, number and scope of comments received, and other
related factors. The initial targeted timeline for a rule cannot exceed
3 years from the date of publishing the proposed regulation, absent
exceptional circumstances. For the February 18, 2020 proposed rule, the
timeline established by the Secretary provided a targeted publication
date of February 18, 2023. The Secretary may extend the initial
targeted publication date of the final regulation if the Secretary
provides public notice, including a brief explanation of the
justification for the variation, no later than the regulation's
previously established proposed publication date.
Consistent with the aforementioned statutory provision, we are
providing a brief explanation of the agency's circumstances that have
led us to vary the timeline for publishing the final rule. These are
exceptional circumstances, although the Act does not require
exceptional circumstances for such extensions. (For more detailed
information, see footnote number 24 in the February 1, 2023 Federal
Register document (88 FR 6648)). We are not able to meet the initial
targeted 3-year timeline for publication due to delays related to the
need for additional, time-consuming data analysis resulting from public
inquiry. It was not possible to conclude this data analysis on the
initial, targeted timeline for the proposed rule because public
listening sessions raised additional concerns that CMS believed were
important to properly and thoroughly research prior to publishing the
final rule. We have decided that it is critical to conduct additional
analysis about the economic impact of the rule. We are preparing
additional data analysis and predictive modeling to better understand
the economic impact of the proposed rule across different insurer
types. This data analysis is designed to review the actual current
reporting and model potential penalties that would be imposed were the
final rule in place. Along with delays resulting from the agency's
focus on the COVID-19 public health emergency, we determined that
additional time is needed to address the complex policy and operational
issues that were raised. We are extending the publication deadline so
as to provide the most accurate, complete, and robust data possible to
confirm the intent and economic impact of the final rule.
This document extends the timeline for publication of the final
rule for one year until February 18, 2024.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2023-03621 Filed 2-17-23; 4:15 pm]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on February 22, 2023.
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