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B-331657 1 (2019-12-16)

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


B-331657


December  16, 2019

The Honorable Chuck Grassley
Chairman
The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

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

Subject: Department of Health and Human Services, Centers for Medicare & Medicaid Services:
        Medicare Program; CY 2020 Inpatient Hospital Deductible and Hospital and Extended
        Care Services Coinsurance Amounts

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; CY 2020 Inpatient Hospital Deductible
and Hospital and Extended Care Services Coinsurance Amounts (RIN: 0938-AT76). We
received the rule on December 4, 2019. It was published in the Federal Register as a notice on
November  13, 2019. 84 Fed. Reg. 61619. The effective date of the rule is January 1, 2020.

The notice announces the inpatient hospital deductible and the hospital and extended care
services coinsurance amounts for services furnished in calendar year (CY) 2020 under
Medicare's Hospital Insurance Program. The Medicare statute specifies the formulae used to
determine these amounts. For CY 2020, the inpatient hospital deductible will be $1,408. The
daily coinsurance amounts for CY 2020 will be $352 for the 61st through the 90th day of
hospitalization in a benefit period; $704 for lifetime reserve days; and $176 for the 21st through
100th day of extended care services in a skilled nursing facility in a benefit period.

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). The 60-day delay in effective date can be waived
however if the agency finds for good cause that delay is impracticable, unnecessary, or contrary
to the public interest, and the agency incorporates a statement of the findings and its reasons in
the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). Here, although CMS did not specifically
mention CRA's 60-day delay in the effective date requirement, the agency found good cause to
waive notice-and-comment procedures and incorporated a brief statement of reasons in this
rule. Specifically, CMS stated the calculated inpatient hospital deductible and hospital and

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