[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Proposed Rules]
[Pages 65723-65724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23563]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 422, 423, 438, and 498

[CMS-4185-RCN2]
RIN 0938-AT59


Medicare and Medicaid Programs; Policy and Technical Changes to 
the Medicare Advantage, Medicare Prescription Drug Benefit, Program of 
All-Inclusive Care for the Elderly (PACE), Medicaid Fee-For-Service, 
and Medicaid Managed Care Programs for Years 2020 and 2021; Extension 
of Timeline To Finalize a Rulemaking

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Extension of timeline for publication of final rule.

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SUMMARY: The Social Security Act (the Act) requires us to publish a 
Medicare final rule no later than 3 years after the publication date of 
the proposed rule. This document announces an additional 3 month 
extension of the timeline for publication of a Medicare final rule in

[[Page 65724]]

accordance with the Act, which allows us to extend the timeline for 
publication of the ``Medicare and Medicaid Programs; Policy and 
Technical Changes to the Medicare Advantage, Medicare Prescription Drug 
Benefit, Program of All-inclusive Care for the Elderly (PACE), Medicaid 
Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and 
2021'' final rule under exceptional circumstances.

DATES: As of October 28, 2022, the timeline for publication of a rule 
to finalize the November 1, 2018 proposed rule (83 FR 54982) is 
extended until February 1, 2023.

FOR FURTHER INFORMATION CONTACT: Joseph Strazzire, (410) 786-2775.

SUPPLEMENTARY INFORMATION: On November 1, 2018 (83 FR 54982), we 
published a proposed rule, ``Medicare and Medicaid Programs; Policy and 
Technical Changes to the Medicare Advantage, Medicare Prescription Drug 
Benefit, Program of All-inclusive Care for the Elderly (PACE), Medicaid 
Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and 
2021,'' that would revise the Medicare Advantage (MA) Risk Adjustment 
Data Validation (RADV) regulations to improve program efficiency and 
payment accuracy. The proposed rule discussed the Secretary's authority 
to: (1) extrapolate in the recovery of RADV overpayments, starting with 
payment year 2011 contract-level audits; and (2) not apply a fee-for-
service (FFS) adjuster to the RADV overpayment determinations.
    Section 1871(a)(3)(A) of the Act requires the Secretary to 
establish and publish a regular timeline for the publication of final 
regulations based on the previous publication of a proposed regulation. 
In accordance with section 1871(a)(3)(B) of the Act, the timeline may 
vary among different regulations based on differences in the complexity 
of the regulation, the number and scope of comments received, and other 
relevant factors, but may not be longer than 3 years except under 
exceptional circumstances. In addition, in accordance with section 
1871(a)(3)(B) of the Act, the Secretary may extend the initial targeted 
publication date of the final regulation if the Secretary, no later 
than the regulation's previously established proposed publication date, 
publishes a notice with the new target date for publication, and such 
notice includes a brief explanation of the justification for the 
variation.
    On October 21, 2021 (86 FR 58245), we published a notice of a 1-
year extension of the timeline for publication of a rule to finalize 
the November 1, 2018, proposed rule (83 FR 54982) until November 1, 
2022. However, we are unable to meet this November 1, 2022, timeline 
for publication of the previously referenced RADV-audit related 
provisions because of ongoing exceptional circumstances. As described 
in the October 21, 2021 notice of extension of the timeline, we 
provided several extensions of the comment period and we received 
extensive public comments on the proposed rule and subsequent FFS 
Adjuster study and related data. We continue to have ongoing delays 
resulting from the agency's focus on the COVID-19 public health 
emergency, and we have determined that additional time continues to be 
needed to address the complex policy and operational issues that were 
raised.
    This document extends the timeline for publication of the final 
rule for an additional 3 months, until February 1, 2023.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2022-23563 Filed 10-28-22; 4:15 pm]
BILLING CODE 4120-01-P