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GAO-14-572R 1 (2014-05-07)

handle is hein.gao/gaobadqhs0001 and id is 1 raw text is: 




G      A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-325803


May 7, 2014

The Honorable Ron Wyden
Chairman
The Honorable Orrin G. Hatch
Ranking Member
Committee on Finance
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Henry A. 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; Preliminary Disproportionate Share Hospital Allotments (DSH) for
        Fiscal Year (FY) 2014 and the Preliminary Institutions for Mental Diseases
        Disproportionate Share Hospital Limits for FY 2014

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; Preliminary Disproportionate Share
Hospital Allotments (DSH) for Fiscal Year (FY) 2014 and the Preliminary Institutions for Mental
Diseases Disproportionate Share Hospital Limits for FY 2014 (CMS-2389-N). We received the
rule on April 22, 2014. It was published in the Federal Register as a notice on February 28,
2014. 79 Fed. Reg. 11,436.

The notice announces the preliminary federal share DSH allotments for FY 2014 and the
preliminary federal share FY 2014 limits on aggregate DSH payments that states may make to
institutions for mental diseases (IMDs) and other mental health facilities. This notice also
includes additional information regarding the calculation of the FY 2014 DSH allotments and FY
2014 IMD DSH limits.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. 801(a)(3)(A). This notice was received by the House of
Representatives and the Senate on April 22, 2014. 160 Cong. Rec. H3290 (Apr. 29, 2014); 160
Cong. Rec. S2469 (Apr. 29, 2014). It was published in the Federal Register on February 28,
2014. The rule has a stated effective date of March 31, 2014. Therefore, this rule does not
have the required 60-day delay in effective date.


GAO-14-572R

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