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B-331658 1 (2019-12-19)

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


B-331658


December  19, 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 Part A Premiums for the Uninsured Aged and for Certain
        Disabled Individuals Who Have Exhausted Other Entitlement

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 Part A Premiums for the
Uninsured Aged and for Certain Disabled Individuals Who Have Exhausted Other Entitlement
(RIN: 0938-AT77). 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. 61622. The effective date of the rule
is January 1, 2020.

The notice announces Medicare's Hospital Insurance (Part A) premium for uninsured enrollees
in calendar year 2020. This premium is paid by enrollees age 65 and over who are not
otherwise eligible for benefits under Medicare Part A and by certain disabled individuals who
have exhausted other entitlement. The monthly Part A premium for the 12 months beginning
January 1, 2020, for these individuals will be $458. The premium for certain other individuals as
described in the notice will be $252.

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 finding 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 effective date requirement, the agency found good
cause to waive notice and comment procedures and incorporated a brief statement of reasons.
Specifically, CMS found that delay is unnecessary as CMS has calculated the premium

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