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HHS/CMS RIN: 0938-AO88 Publication ID: Spring 2007 
Title: ●Limitation on Contractor Liability (CMS-2264-P) 
Abstract: Section 6034 of the Deficit Reduction Act of 2005 established the Medicaid Integrity Program to promote the integrity of the Medicaid program by authorizing the Centers for Medicare and Medicaid Services (CMS) to enter into contracts with contractors that will (1) Review the actions of individuals or entities furnishing items or services (whether fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of the plan approved under section 1115 of the Social Security Act; (2) audit claims for payment of items or services furnished, or administrative services furnished, under a State plan; (3) identify overpayment of individuals or entities receiving Federal funds; and (4) educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This proposed rule would set forth limitations on a contractor's liability while performing these services under the Medicaid Integrity Program. This proposed rule would provide for limitation of a contractor's liability for actions taken to carry out a contract under the Medicaid Integrity Program. The proposed rule would, to the extent possible, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157 of the Social Security Act. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 42 CFR 45   
Legal Authority: Deficit Reduction Act of 2005 (PL 109-171), sec 6034    sec 1157 of the Social Security Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2007    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Barbara Rufo
Director, Division of Medicaid Integrity Contracts, Medicaid Integrity Group
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Mailstop B2-02-24, 7111 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-5589
Email: barbara.rufo@cms.hhs.gov