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B-333876 Feb 16, 2022 1 (2022-02-16)

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B-333876
February 16, 2022
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate
The Honorable Frank Pallone, Jr.
Chairman
The Honorable Cathy McMorris Rodgers
Republican Leader
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: Most Favored Nation (MFN) Model
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 Most Favored Nation (MFN) Model (RIN: 0938-AT91).
We received the rule on December 27, 2021. It was published in the Federal Register as a final
rule on December 29, 2021. 86 Fed. Reg. 73986. The effective date is February 28, 2022.
According to CMS, this final rule rescinds the Most Favored Nation Model interim final rule with
comment period. CMS stated the interim final rule with comment period was published on
November 27, 2020, in the Federal Register. 85 Fed. Reg. 76180.
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 Senate received this rule on January 14, 2022.
168 Cong. Rec. S674 (daily ed. Feb. 14, 2022). The final rule has an effective date of February
28, 2022. Therefore, based on the date the Senate received the rule, the final rule does not
have the required 60-day delay.

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