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GAO-12-746R 1 (2012-05-22)

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        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-323482


          May 22, 2012

          The Honorable Max Baucus
          Chairman
          The Honorable Orrin G. Hatch
          Ranking Member
          Committee on Finance
          United States Senate

          The Honorable Fred Upton
          Chairman
          The Honorable Henry Waxman
          Ranking Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Health and Human Services, Centers for Medicare &
                  Medicaid Services: Medicaid Program; Community First Choice Option

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Health and Human Services, Centers
          for Medicare & Medicaid Services (CMS) entitled Medicaid Program; Community
          First Choice Option (RIN: 0938-AQ35). We received the rule on May 1, 2012. It
          was published in the Federal Register as a final rule on May 7, 2012. 77 Fed. Reg.
          26,828.

          The final rule implements section 2401 of the Affordable Care Act, which establishes
          a new state option to provide home and community-based attendant services and
          supports. These services and supports are known as Community First Choice
          (CFC). The final rule sets forth the requirements for implementation of CFC, but it
          does not finalize the section concerning the CFC setting.

          Enclosed is our assessment of CMS's compliance with the procedural steps required
          by section 801(a)(1 )(B)(i) through (iv) of title 5 with respect to the rule. Our review of
          the procedural steps taken indicates that CMS complied with the applicable
          requirements.


GAO-12-746R

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