[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Proposed Rules]
[Pages 6740-6741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03697]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 424, 455, and 457

[CMS-6058-RCN]
RIN 0938-AS84


Medicare, Medicaid, and Children's Health Insurance Programs; 
Program Integrity Enhancements to the Provider Enrollment Process; 
Extension of Timeline for Publication of the Final Rule

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

ACTION: Extension of timeline for publication of a final rule.

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SUMMARY: This document announces the extension of the timeline for 
publication of the ``Medicare, Medicaid, and Children's Health 
Insurance Programs; Program Integrity Enhancements to the Provider 
Enrollment Process'' final rule. We are issuing this document in 
accordance with the Social Security Act (the Act), which requires 
notice to be provided in the Federal Register if there are exceptional 
circumstances that cause us to publish a final rule more than 3 years 
after the publication date of the proposed rule. In this case, the 
complexity of the rule and the scope of the comments received warrant 
the extension of the timeline for publication.

DATES: The timeline for publication of the final is extended for 1 
year, until March 1, 2020.

FOR FURTHER INFORMATION CONTACT: Frank Whelan, (410) 786-1302.

SUPPLEMENTARY INFORMATION: In the March 1, 2016 Federal Register (81 FR 
10720), we published a proposed rule titled ``Medicare, Medicaid, and 
Children's Health Insurance Programs; Program Integrity Enhancements to 
the Provider Enrollment Process'' that would implement sections of the 
Affordable Care Act that require Medicare, Medicaid, and Children's 
Health Insurance Program (CHIP) providers and suppliers to disclose 
certain current and previous affiliations with other providers and 
suppliers. This proposed rule would also provide us with additional 
authority to deny or revoke a provider's or supplier's Medicare 
enrollment. These and other important provisions in the proposed rule 
would: (1) Eliminate significant program integrity loopholes of long-
standing concern to CMS and the Department; and (2) help halt and deter 
ongoing fraudulent and abusive behavior, including patient harm, in 
Medicare, Medicaid, and CHIP.
    Section 1871(a)(3)(A) of the Act requires the Secretary of the 
Department of Health and Human Services, in consultation with the 
Director of the Office of Management and Budget (OMB), to establish a 
regular timeline for the publication of a final rule based on the 
previous publication of a proposed rule or an interim final rule. 
Section 1871(a)(3)(B) of the Act allows the timeline for publishing 
Medicare final regulations to vary based on the complexity of the 
regulation, the number and scope of comments received, and other 
related factors. The timeline for publishing the final rule, however, 
cannot exceed 3 years from the date of publishing the proposed 
regulation unless there are exceptional circumstances. The Secretary 
may extend the initial targeted publication date of the final rule if 
the Secretary provides public notice thereof, including a brief 
explanation of the justification for the variation, no later than the 
rule's previously established proposed publication date.
    After consultation with the Director of OMB, the Department, 
through CMS, published a notice in the December 30, 2004 Federal 
Register (69 FR 78442) establishing a general 3-year timeline for 
publishing Medicare final rules after the publication of a proposed or 
interim final rule. Consistent with this, the final rule for the March 
1, 2016 proposed rule was to be published by March 1, 2019.
    This document announces an extension of the timeline for 
publication of the final rule due to exceptional circumstances. Based 
on both the public comments received and internal stakeholder feedback, 
we have determined that more time is needed to address and resolve 
certain complex policy and operational issues that the commenters and 
stakeholders raised. We stress that our decision in this matter to 
extend the timeline for issuing a final rule should not be viewed as a 
diminution of the Department's commitment to timely and effective 
rulemaking. Our goal remains to publish, as expeditiously as feasible, 
a final rule that strengthens our program integrity efforts while 
minimizing the

[[Page 6741]]

burden on providers and suppliers to the maximum possible extent. At 
this time, we believe we can best achieve this balance by issuing this 
continuation document.
    Therefore, this document extends the timeline for publication of 
the final rule for 1 year, until March 1, 2020.

    Dated: February 25, 2019.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2019-03697 Filed 2-27-19; 8:45 am]
 BILLING CODE 4120-01-P