Medicaid Program; Eligibility and Coverage Requirements

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 435, 436, and 440

[MB-001-N]

RIN 0938-AA58

Medicaid Program; Eligibility and Coverage Requirements

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Notice of delay of effective dates and compliance dates.

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SUMMARY: This document delays by an additional 6 months the effective

dates of the final rule with comment period on Medicaid Eligibility and

Coverage Requirements published January 19, 1993, in the Federal

Register (58 FR 4908). It also extends the compliance dates for this

rule in light of the delay in the effective dates. This delay will give

the administration additional time necessary to fully review the

policies in these regulations.

DATES: Effective February 17, 1994, the effective and compliance dates

are delayed as follows:

Effective Dates: The regulations published January 19, 1993, at 58

FR 4908, are effective on August 18, 1994, except for Secs. 435.604,

435.606, 436.604, and 436.606, which are effective October 19, 1994.

Compliance Dates: We will not hold a State out of compliance with

the requirements of this final rule published January 19, 1993, at 58

FR 4908, if the State submits preprinted plan amendments and required

attachments by October 19, 1994, for all provisions other than

Secs. 435.604, 435.606, 436.604, and 436.606. States must comply with

Secs. 435.604, 435.606, 436.604, and 436.606, and submit preprinted

plan amendments and required attachments for these sections, by the

latest of: (1) January 19, 1995; (2) the first day of the next fiscal

year following July 19, 1994, if State legislation is needed to

appropriate funds to implement the provisions of these sections; or (3)

the first day of the calendar quarter following the end of the next

session of the State legislature that convenes after July 19, 1994, if

the State needs authorizing legislation to implement the provisions of

these sections.

FOR FURTHER INFORMATION CONTACT: Marinos Svolos, (410) 966-4451.

SUPPLEMENTARY INFORMATION: On January 19, 1993, we published in the

Federal Register a final rule with comment period that amends the

requirements for coverage of certain groups of individuals under

Medicaid and the requirements for determining Medicaid eligibility.

Because the new administration wanted to fully review the policies in

these regulations, on February 19, 1993, we published a notice in the

Federal Register (58 FR 9120) delaying the effective dates and

compliance dates of the final rule with comment period for 6 months. On

August 23, 1993, we published a second notice (58 FR 44457) delaying

these effective dates and compliance dates an additional 6 months.

Because this review is not complete, we are now issuing a third

extension. We are extending the effective dates of the rule an

additional 6 months. We also have extended the compliance dates for all

provisions other than Secs. 435.604, 435.606, 436.604, and 436.606 for

an additional 6 months. For Secs. 435.604, 435.606, 436.604, and

436.606, we have extended the compliance dates to the latest of: (1)

January 19, 1995; (2) the first day of the next fiscal year following

July 19, 1994, if State legislation is needed to appropriate funds to

implement the provisions of these sections; or (3) the first day of the

calendar quarter following the end of the next session of the State

legislature that convenes after July 19, 1994, if the State needs

authorizing legislation to implement the provisions of these sections.

These regulations incorporate into the Medicaid regulations

substantive changes made in the composition of eligibility groups of

individuals and in the criteria used to determine their financial

eligibility under Medicaid. The substantive changes were initially made

by the Omnibus Budget Reconciliation Act of 1981 (OBRA '81), Public Law

97-35 and the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),

Public Law 97-248, and further amended by the Deficit Reduction Act of

1984 (DRA), Public Law 98-369; the Consolidated Omnibus Budget

Reconciliation Act of 1985 (COBRA), Public Law 99-272; the Omnibus

Budget Reconciliation Act of 1986 (OBRA '86), Public Law 99-509; the

Medicare and Medicaid Patient and Program Protection Act of 1987,

Public Law 100-93; the Omnibus Budget Reconciliation Act of 1987 (OBRA

'87), Public Law 100-203; the Medicare Catastrophic Coverage Act of

1988 (MCCA), Public Law 100-360; the Family Support Act of 1988, Public

Law 100-485; the Omnibus Budget Reconciliation Act of 1989 (OBRA '89),

Public Law 101-239; and the Omnibus Budget Reconciliation Act of 1990

(OBRA '90), Public Law 101-508. In addition, the document contains

changes made as a result of administrative decisions to improve program

administration and efficiency.

(Catalog of Federal Domestic Assistance Program No. 93.778--Medical

Assistance Program)

Dated: February 15, 1994.

Bruce C. Vladeck,

Administrator, Health Care Financing Administration.

Dated: February 16, 1994.

Donna E. Shalala,

Secretary.

[FR Doc. 94-3885 Filed 2-17-94; 8:45 am]

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