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B-334298 May 19, 2022 1 (2022-05-19)

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B-334298
May 19, 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: Medicare Program; Contract Year 2023 Policy and Technical Changes to the
Medicare Advantage and Medicare Prescription Drug Benefit Programs; Policy and
Regulatory Revisions in Response to the COVID-19 Public Health Emergency;
Additional 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 Program; Contract Year 2023 Policy and Technical
Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs; Policy
and Regulatory Revisions in Response to the COVID-19 Public Health Emergency; Additional
Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
(RINs: 0938-AU30, 0938-AU31, and 0938-AU33). We received the rule on May 5, 2022.
It was published in the Federal Register as a final rule on May 9, 2022. 87 Fed. Reg. 27704.
The effective date is June 28, 2022, except for amendatory instructions 27 and 36 (regarding
the definition of negotiated price at §§ 423.100 and 423.2305), which are effective January 1,
2024.
According to CMS, the final rule revises the Medicare Advantage program and Medicare
Prescription Drug Benefit program regulations to implement changes related to marketing and

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