CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage

The record

Jurisdiction

United States (State Medicaid programs; group health plans; providers)

Level

Federal

Authority

FFCRA § 6008; CARES Act §§ 3202, 3203; Social Security Act

Issued

2020-11-02 Nov. 2, 2020

Effective

2020-11-02 ('These regulations are effective on November 2, 2020') (read as 2020-11-02)

End

for the duration of the PHE (FMAP increase phased down in 2023) (read as 2021-09-30)

In force

Nov. 2, 2020 to Sept. 30, 2021

Quarters

2020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersOther

Addressees

• State Medicaid agencies (continuous-enrollment condition of the 6.2-point FMAP increase)
• health plans and providers (vaccine coverage without cost sharing)

Functions reached

• CB payer base of every Medicaid provider (continuous enrollment kept the Medicaid rolls frozen open)
• OF billing (vaccine administration coverage rules)

Collection

Federal health, safety and transport layer FED-A

Operative words

This IFC adds a new subpart G, Temporary FMAP Increase During the Public Health Emergency for COVID-19, to 42 CFR part 433, including a new § 433.400. This new provision interprets and implements section 6008(b)(3) of the FFCRA to require states, as a condition for receiving the temporary FMAP increase described at section 6008(a) of the FFCRA, to maintain beneficiary enrollment with specified protections.

Enforcement

Notes