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B-329286 1 (2017-08-17)

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


B-329286


August 17, 2017

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

The Honorable Greg Walden
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

The Honorable Kevin Brady
Chairman
The Honorable Richard Neal
Ranking Member
Committee on Ways and Means
House of Representatives

Subject: Department of Health and Human Services, Centers for Medicare & Medicaid Services:
       Medicare Program; FY 2018 Hospice Wage Index and Payment Rate Update and
       Hospice Quality Reporting Requirements

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 Medicare Program; FY 2018 Hospice Wage Index and
Payment Rate Update and Hospice Quality Reporting Requirements (RIN: 0938-AT00). We
received the rule on August 2, 2017. It was published in the Federal Register as a final rule on
August 4, 2017, with an effective date of October 1, 2017. 82 Fed. Reg. 36,638.

The final rule will update the hospice wage index, payment rates, and cap amount for fiscal year
(FY) 2018. Additionally, this final rule includes new quality measures and provides an update
on the hospice quality reporting program.

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 final rule was published in the Federal
Register on August 4, 2017. 82 Fed. Reg. 36,638. It was received August 2, 2017, and has a
stated effective date of October 1, 2017. Therefore, the final rule does not have the required
60-day delay in its effective date.

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