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B-330280 1 (2018-08-17)

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


B-330280


August 17, 2018

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 and Medicaid
        Services: Medicare Program; FY 2019 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 and
Medicaid Services (CMS) entitled Medicare Program; FY 2019 Hospice Wage Index and
Payment Rate Update and Hospice Quality Reporting Requirements (RIN: 0938-AT26). We
received the rule on August 2, 2018. It was published in the Federal Register as a final rule
August 6, 2018. 83 Fed. Reg. 38,622. The effective date of the final rule is October 1, 2018.

The final rule updates the hospice wage index, payment rates, and cap amount for fiscal year
2019. The rule also makes conforming changes to recognize physician assistants as
designated hospice attending physicians effective January 1, 2019. Finally, the rule contains
changes to the Hospice Quality 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). It was published in the Federal Register on
August 6, 2018. The rule has a stated effective date of October 1, 2018. Therefore, the final
rule does not have the required 60-day delay in its effective date.

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