[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Proposed Rules]
[Page 61096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27954]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 440 and 441

[CMS-2261-WN]
RIN 0938-A081


Medicaid Program; Coverage for Rehabilitative Services; 
Withdrawal

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Withdrawal of proposed rule.

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SUMMARY: This document withdraws a proposed rule that was published in 
the Federal Register on August 13, 2007. The proposed rule discussed 
our proposal to amend the definition of Medicaid ``rehabilitative 
services.'' It also clarified the broad general language of the current 
regulation to ensure that rehabilitative services are provided in a 
coordinated manner, are limited to rehabilitative purposes, and are 
furnished by qualified providers.

DATES: Effective November 23, 2009, the proposed rule published on 
August 13, 2007 (72 FR 45201) is withdrawn.

FOR FURTHER INFORMATION CONTACT: Melissa Harris, (410) 786-3397.

SUPPLEMENTARY INFORMATION: On August 13, 2007, we published a proposed 
rule in the Federal Register entitled ``Medicaid Program; Coverage for 
Rehabilitative Services'' (72 FR 45201). The rule proposed to amend the 
definition of Medicaid ``rehabilitative services'' to include a 
requirement for a person-centered written rehabilitation plan and 
maintenance of case records.
    We received a total of 1,845 public comments in response to the 
August 13, 2007 proposed rule. In addition, following the publication 
of the proposed rule, in section 206 of the Medicare, Medicaid, and 
SCHIP Extension Act of 2007, Public Law 110-173, the Congress enacted a 
moratorium on December 29, 2007 that included a prohibition on the 
Secretary taking any action, including publication of a final rule that 
was more restrictive with respect to coverage or payment for 
rehabilitative services than the requirements in place as of July 1, 
2007. That moratorium was extended until April 1, 2009 by section 
7001(a)(2) of the Supplemental Appropriations Act of 2008, Public Law 
110-52.
    Before the expiration of that congressional moratorium, the 
American Recovery and Reinvestment Act of 2009, Public Law 111-5, was 
enacted on February 17, 2009 and, at section 5003(d), stated that it 
was the ``sense of Congress'' that the Secretary should not promulgate 
as a final regulation the August 13, 2007 proposed regulation 
concerning rehabilitative services.
    In light of the clear congressional concern indicated by the 
statutory moratorium and the resolution opposing issuance of a final 
rule based on the proposed rule, as well as the complexity of the 
underlying issues and of the public comments received, we have decided 
to withdraw the August 2007 proposed rule in order to assure agency 
flexibility in re-examining the issues and exploring options and 
alternatives with stakeholders.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)

    Dated: October 28, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
    Approved: November 17, 2009.
Kathleen Sebelius,
Secretary.
[FR Doc. E9-27954 Filed 11-17-09; 4:15 pm]
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