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CMS' Rule on Enforcement of State Medicaid Reporting Requirements – 12/6/23

  • 1.  CMS' Rule on Enforcement of State Medicaid Reporting Requirements – 12/6/23

    National Council Staff
    Posted 12-06-2023 16:35

    Dear Association Executives – HHS' Centers for Medicare & Medicaid Services (CMS) has issued an interim final rule with request for comments on CMS' enforcement of state compliance with reporting and federal Medicaid renewal requirements (under Section 1902[tt] of the Social Security Act).

    This CMS rule concerns state compliance with Medicaid reporting requirements and its enforcement authorities (that were added by the Consolidated Appropriations Act of 2023). 

    New enforcement authorities for CMS include: 

    • suspending disenrollments from Medicaid for procedural reasons, 
    • requiring States to submit corrective action plans, and
    • applying a reduction to the state-specific Federal Medical Assistance Percentage (FMAP) for failure to meet reporting requirements. 

    These regulations are effective December 6, 2023, and CMS is accepting comments until February 2, 2024. Comments may be submitted electronically through this this link by clicking on the green "Submit a Formal Comment" button.

    We are sending this to you for your information. We do not plan to prepare a template for comments, and we do not plan to share this with National Council members. Please feel free to share this with your members.

    Please let me or Katherine Seibel, Manager, Federal and Regulatory Activities ( know if you have questions or if any additional information would be helpful.

    Thank you – 


    Reyna Taylor
    Senior Vice President, Public Policy and Advocacy
    Direct – 202-774-1651


    Neal Comstock
    Director of Membership
    National Council
    202 748-8793