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GAO-11-305R 1 (2011-01-14)

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


          B-321405


          January 14, 2011

          The Honorable Max Baucus
          Chairman
          The Honorable Charles E. Grassley
          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, Final FY2009 and Preliminary FY
                  2011 Disproportionate Share Hospital Allotments, and Final FY2009 and
                  Preliminary FY2011 Institutions for Mental Diseases Disproportionate
                  Share Hospital 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, Centers
          for Medicare & Medicaid Services (CMS), entitled Medicaid Program; Final FY 2009
          and Preliminary FY 2011 Disproportionate Share Hospital Allotments, and Final FY
          2009 and Preliminary FY 2011 Institutions for Mental Diseases Disproportionate
          Share Hospital Limits (RIN: 0938-AQ44). We received the rule on January 3, 2011. It
          was published in the Federal Registeras a notice on January 3, 2011, with a stated
          effective date of March 4, 2011. 76 Fed. Reg. 148.

          The notice announces the final federal share disproportionate share hospital (DSH)
          allotments for fiscal year (FY) 2009 and the preliminary federal share DSH
          allotments for FY 2011. This notice also announces the final FY 2009 and the
          preliminary FY 2011 limitations on aggregate DSH payments that states may make to
          institutions for mental disease and other mental health facilities.


GAO- 11-305R

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