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GAO-01-457R 1 (2001-02-27)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-287289


          February 27, 2001

          The Honorable Chuck Grassley
          Chairman
          The Honorable Max Baucus
          Ranking Member
          Committee on Finance
          United States Senate

          The Honorable W. J. (Billy) Tauzin
          Chairman
          The Honorable John D. Dingell
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Health and Human Services, Health Care Financing
                  Administration: Medicaid Program Change in Application of Federal
                  Financial Participation Limits

          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, Health
          Care Financing Administration (HCFA), entitled Medicaid Program; Change in
          Application of Federal Financial Participation Limits (RIN: 0938-AJ96). We received
          the rule on February 13, 2001. It was published in the Federal Register as a final rule
          on January 11, 2001. 66 Fed. Reg. 2316.

          The final rule changes the current requirement that limits on Federal Financial
          Participation (FFP) must be applied before states use less restrictive income
          methodologies than those used by related cash assistance programs in determining
          eligibility for Medicaid. According to HCFA, the change is necessary because the
          current interpretation of how the FFP limits apply to income methodologies under
          section 1902(r)(2) of the Social Security Act unnecessarily restricts the states'
          abilities to take advantage of the authority to use less restrictive income
          methodologies under that section of the statute.

          We note that the final rule has an announced effective date of March 12, 2001.
          Section 801(a)(3) of the Congressional Review Act (5 U.S.C. 801(a)(3)) generally
          requires that a major rule take effect no earlier than 60 days after the later of


GAO-01-457R

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