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B-332097 1 (2020-04-22)

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


B-332097


April 22, 2020

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

The Honorable Frank Pallone, Jr.
Chairman
The Honorable Greg Walden
Ranking Member
Committee on Energy and Commerce
House of Representatives

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 and Medicaid Programs; Policy and Regulatory Revisions in Response to the
        COVID-19 Public Health Emergency

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 and Medicaid Programs; Policy and Regulatory
Revisions in Response to the COVID-19 Public Health Emergency (RIN: 0938-AU31). We
received the rule on April 9, 2020. It was published in the Federal Register as an interim final
rule with comment period on April 6, 2020. 85 Fed. Reg. 19230. The effective date of the rule
is March 31, 2020. The applicability date of the final rule is March 1, 2020.

According to CMS, the interim final rule gives individuals and entities that provide services to
Medicare beneficiaries the flexibilities to respond to the public health threats posed by the
spread of the 2019 Novel Coronavirus (COVID-19). CMS stated it is changing Medicare
payment rules during the Public Health Emergency (PHE) for the COVID-19 pandemic so that
physicians and other practitioners, home health and hospice providers, inpatient rehabilitation
facilities, rural health clinics, and federally qualified health centers are allowed broad flexibilities
to furnish services using remote communications technology to avoid exposure risks to health
care providers, patients, and the community. According to CMS, the interim final rule also alters
the applicable payment policies to provide specimen collection fees for independent laboratories

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