[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Page 10868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.federalregister.gov/d/2020-02085.

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]
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