[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Page 42137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15081]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 410, 482, 483, 485, 488

[CMS-3347-RCN]
RIN 0938-AT36


Medicare and Medicaid Program; Requirements for Long-Term Care 
Facilities: Regulatory Provisions To Promote Efficiency, and 
Transparency Final Rule

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Extension of timeline.

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SUMMARY: The Social Security Act (the Act) specifies that a Medicare 
final rule must be published no later than 3 years after the 
publication date of the proposed rule or interim final rule, as 
applicable, except under exceptional circumstances. In accordance with 
the Act, this document announces an extension of the timeline for 
publication of the final rule and includes a brief explanation of the 
justification for the variation.

DATES: As of July 14, 2022, the timeline for publication of the final 
rule to finalize the provisions of the proposed rule published on July 
18, 2019 (84 FR 34737), is extended until July 18, 2023.

FOR FURTHER INFORMATION CONTACT: Ronisha Blackstone, CMS, (410) 786-
6682.

SUPPLEMENTARY INFORMATION: On July 18, 2019, we published a proposed 
rule in the Federal Register entitled ``Medicare and Medicaid Programs; 
Requirements for Long-Term Care (LTC) Facilities: Provisions to Promote 
Efficiency and Transparency'' (84 FR 34737), which would revise the 
Medicare and Medicaid long-term care facility requirements that the 
Centers for Medicare & Medicaid Services had identified as unnecessary, 
obsolete, or excessively burdensome. This proposed rule aimed to 
increase the ability of health care professionals to apportion 
resources to improve resident care by eliminating or reducing 
requirements that could impede quality care or that divert resources 
away from providing high quality care.
    Section 1871(a)(3)(B) of the Social Security Act (the Act) requires 
the Secretary of the Department of Health and Human Services (the 
Secretary) to publish a Medicare final rule no later than 3 years after 
the publication date of the proposed rule or interim final rule, as 
applicable, except under exceptional circumstances.
    In such circumstances, the Secretary may vary the final rule 
publication timeline if the Secretary publishes a Federal Register 
notice of the different timeline, including a brief explanation of the 
justification for the variation, by no later than the previously 
established timeline. To meet the 3-year timeline, the final rule would 
have to be published by July 18, 2022. For the reasons discussed below, 
we are unable to publish the final rule by July 18, 2022.
    Since the beginning of the COVID-19 Public Health Emergency (PHE), 
we have prioritized our efforts to address the immediate needs relevant 
to the COVID-19 pandemic by issuing appropriate regulatory changes to 
increase public health and safety, while taking into consideration ways 
to create flexibility and minimize unnecessary regulatory burdens. 
These efforts have required considerable focus and resources, 
especially to prioritize the publication of interim final rules 
relevant to the PHE and to provide guidance to health care facilities. 
In response to the proposed rule, we received over 1,500 timely 
comments from a variety of stakeholders. The commenters presented 
robust policy and technical issues for our consideration, which require 
extensive consultation and analysis. Likewise, we need to re-evaluate 
the policies and consider the comments provided in light of the current 
needs of residents, the impact of the COVID-19 PHE on long-term care 
facilities, and the current priorities of the Department of Health and 
Human Services related to health and safety and equity.
    Therefore, this notice extends the timeline to finalize the 
provisions in the June 18, 2022 proposed rule for 1 year, until July 
18, 2023.

    Dated: July 11, 2022.
Wilma Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2022-15081 Filed 7-13-22; 8:45 am]
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