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B-332308 1 (2020-07-06)

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


B-332308


July 6, 2020

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor and Pensions
United States Senate

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

Subject: Department of Health and Human Services, Centers for Medicare & Medicaid
        Services, Office of the Secretary: Nondiscrimination in Health and Health
        Education Programs or Activities, Delegation of Authority

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 (HHS),
Centers for Medicare & Medicaid Services (CMS), Office of the Secretary, entitled
Nondiscrimination in Health and Health Education Programs or Activities, Delegation of
Authority (RIN: 0945-AA1 1). We received the rule on June 15, 2020. It was published
in the Federal Register as a final rule June 19, 2020. 85 Fed. Reg. 37160. The
effective date of the rule is August 18, 2020. Id.

The final rule, according to HHS, finalizes HHS's proposed rule entitled
Nondiscrimination in Health and Health Education Programs or Activities, issued in the
Federal Register on June 14, 2019, with minor and primarily technical corrections. See
84 Fed. Reg. 27846. According to HHS, this final rule makes changes to the
Department's existing regulation, implementing section 1557 of the Patient Protection
and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010), codified
at 42 U.S.C. § 18116. See 81 Fed. Reg. 31375-473 (May 18, 2016) (codified at 45
C.F.R. part 92). HHS stated this rule makes a related amendment to HHS's regulations
implementing title IX of the Education Amendments of 1972, Pub. L. No. 92-318,
86 Stat. 235 (Jun. 23, 1972), and it makes conforming amendments to
nondiscrimination provisions within various CMS regulations.

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