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B-334880 Jan 03, 2023 1 (2023-01-03)

handle is hein.gao/gaoocm0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-334880 January 3, 2023 Committee on Finance United States Senate Committee on Energy and Commerce House of Representatives Committee on Ways and Means House of Representatives Subject: Department of Health and Human Services, Centers for Medicaid & Medicare Services: Basic Health Program; Federal Funding Methodology for Program Year 2023 and Changes to the Basic Health Program Payment Notice Process 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 Basic Health Program; Federal Funding Methodology for Program Year 2023 and Changes to the Basic Health Program Payment Notice Process (RIN: 0938-AU89). We received the rule on December 16, 2022. It was published in the Federal Register as a final rule on December 20, 2022. 87 Fed. Reg. 77722. The effective date is January 1, 2023. According to CMS, this final rule finalizes the methodology and data sources necessary to determine federal payment amounts to be made for program year 2023 to states that elect to establish a Basic Health Program (BHP) under the Patient Protection and Affordable Care Act1 (ACA) to offer health benefits coverage to low-income individuals otherwise eligible to purchase coverage through health insurance exchanges. As background, CMS stated that section 1331 of the ACA provides states with the option to establish a BHP. CMS explained that a BHP is another option for states to provide affordable health benefits to low-income individuals and that states may find a BHP a useful option for several reasons, including the ability to potentially coordinate standard health plans in the BHP with their Medicaid-managed care plans, or to potentially reduce the costs to individuals by lowering premiums or cost-sharing requirements. 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 rule was published in the Federal Register on December 20, 2022. 87 Fed. Reg. 77722. The final rule was received by the House of Representatives on December 16, 2022. 168 Cong. Rec. EC6187 (daily ed. Dec. 22, 2022). 1 Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119, 119-1024, (Mar. 23, 2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029, 1029-1083, (Mar. 30, 2010).

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