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GAO-05-985R 1 (2005-08-26)

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

          B-296997


          August 26, 2005

          The Honorable Charles E. Grassley
          Chairman
          The Honorable Max Baucus
          Ranking Minority Member
          Committee on Finance
          United States Senate

          The Honorable William M. Thomas
          Chairman
          The Honorable Charles B. Rangel
          Ranking Minority Member
          Committee on Ways and Means
          House of Representatives

          Subject: Department of Health and Human Services, Centers for Medicare and
                  Medicaid Services: Medicare Program; Changes to the Hospital Inpatient
                  Prospective Payment Systems and Fiscal Year 2006 Rates

          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; Changes to
          the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2006 Rates
          (RIN: 0938-AN57). We received the rule on August 1, 2005. It was published in the
          Federal Register as a final rule on August 12, 2005. 70 Fed. Reg. 47278.

          The final rule revises the Medicare hospital inpatient prospective payment systems
          for operating and capital-related costs to implement changes arising from CMS's
          continuing experience with these systems.

          We note the final rule, with the exception of section 412.230(d)(2), has an announced
          effective date of October 1, 2005. The Congressional Review Act 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).
          The rule was published in the Federal Register on August 12, 2005. It was received
          by Congress on August 1, 2005. Therefore, the final rule does not have the required
          60-day delay.


GAO-05-985R

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