[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56328-56347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24673]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-2416-N]


Basic Health Program; Final Administrative Order

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

ACTION: Notice of Final Administrative Order.

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SUMMARY: This notice serves to announce that a Final Administrative 
Order related to the Basic Health Program (BHP) was issued to the 
States of New York and Minnesota on August 24, 2018.

DATES: The Final Administrative Order was effective August 24, 2018.

FOR FURTHER INFORMATION CONTACT: Christopher Truffer, (410) 786-1264; 
Meg Barry, (410) 786-1536.

SUPPLEMENTARY INFORMATION:

I. Background and Provisions of the Notice

    The CMS Administrator issued a Final Administrative Order to set 
forth the revised payment methodology that applies to the Basic Health 
Program for 2018 only (HHS Revised BHP Payment Methodology). The 
Administrative Order is an agency action under 5 U.S.C. 551(13), issued 
pursuant to 5 U.S.C. 555(b) and (e).
    The HHS Revised BHP Payment Methodology modifies the existing 
methodology for 2018, which is set forth in the payment notice entitled 
``Basic Health Program; Federal Funding Methodology for Program Years 
2017 and 2018'' (81 FR 10091, February 29, 2016) (February 2016 Payment 
Notice). The modification involves the application of a Premium 
Adjustment Factor (PAF) that considers the premium increases in other 
states that became effective after the Centers for Medicare & Medicaid 
Services (CMS), an operating division of the U.S. Department of Health 
and Human Services (HHS), discontinued payments to issuers for cost-
sharing reductions (CSRs) provided to enrollees in qualified health 
plans (QHPs) offered on health insurance Exchanges.
    On July 6, 2018, pursuant to an amended stipulated order issued in 
State of New York v. U.S. Department of Health and Human Services, 18-
cv-00683 (S.D.N.Y. filed Jan. 26, 2018), CMS issued a Draft 
Administrative Order on which New York and Minnesota (the States) had 
an opportunity to comment. The States each submitted comments on August 
6, 2018. CMS considered those comments in issuing the Final 
Administrative Order, which adopts the HHS Revised BHP Payment 
Methodology for 2018 as set forth in the Draft Administrative Order.

II. Collection of Information Requirements

    This document does not impose information collection requirements, 
that is, reporting, recordkeeping, or third-party disclosure 
requirements. Consequently, review by the Office of Management and 
Budget under the authority of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501, et seq.) is not required.

III. Addendum

    We are publishing the Final Administrative Order as an addendum to 
this Notice.

    Dated: November 2, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
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[FR Doc. 2018-24673 Filed 11-9-18; 8:45 am]
 BILLING CODE 4120-01-C