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HHS/CMS RIN: 0938-AT41 Publication ID: Spring 2020 
Title: Methods for Assuring Access to Covered Medicaid Services--Rescission (CMS-2406) 

This final rule removes the regulatory text that sets forth the previously required access monitoring review plan process for states to document whether Medicaid payments in fee-for-service delivery systems are sufficient to enlist enough providers to assure beneficiary access to covered care and services consistent with the Medicaid statute. States have raised concerns over the administrative burden associated with the previous regulatory requirements and asserted that the information required is not reflective of beneficiary access in the state. While we believe the previously required process can be a valuable tool for states to use to demonstrate the sufficiency of provider payment rates, we believe mandating states to collect the specific information as described excessively constrains states’ freedom to administer their Medicaid programs in the manner that is best for the individual state and its Medicaid beneficiaries.

Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 42 CFR 447   
Legal Authority: 42 U.S.C. 1302   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/23/2018  83 FR 12696   
NPRM Comment Period End  05/22/2018 
2nd NPRM  07/15/2019  84 FR 33722   
2nd NPRM Comment Period End  09/13/2019 
Final Action  08/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jeremy Silanskis
Director, Division of Reimbursement and State Financing
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Medicaid and CHIP Services, MS: S3-14-28, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-1592