Summary
With Congress in recess, we take a closer look at several solicitations from the Biden Administration that signal areas for possible policymaking on the regulatory front. Over the last month, the Centers for Medicare and Medicaid Services (CMS) has issued requests for information (RFIs) seeking input on a variety of issues, such as health equity, health care access, waivers and flexibilities, and Medicaid, among others. The Treasury Department also released a set of RFIs to inform implementation of Inflation Reduction Act’s (IRA’s) clean energy incentives.
CMS
- Due October 27: Requirements for Temporary FMAP Increase (WHG summary) – CMS is considering modifying one of the requirements states must follow to receive a temporary 6.2 percentage point increase in the federal Medicaid matching fund. CMS reopened the public comment period for the interim final rule (IFR) that established these requirements in November 2020. CMS seeks comments on whether states should be required to maintain the same amount, duration, and scope of coverage for beneficiaries enrolled in Medicaid through the end of the month in which the COVID-19 public health emergency (PHE) ends. Current regulations permit states to make certain changes to coverage and cost-sharing. The proposed changes would strengthen protections for beneficiaries.
- Due November 4 – Health Equity (WHG summary) – In support of President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities, CMS is considering potential opportunities for improvement and increased efficiencies across the agency’s policies, programs, and practices. CMS seeks public input and feedback on: (1) accessing healthcare and related challenges, (2) understanding provider experiences; (3) advancing health equity; and (4) the impact of the COVID-19 PHE waivers and flexibilities.
- December 6 – Provider Directories (WHG summary) – CMS is considering establishing a National Directory of Healthcare Providers and Services (NHD), described as a “centralized data hub” to help patients locate providers, facilitate inoperable provider data exchange, and help payers improve the accuracy of their own directories. Notably, CMS is exploring whether the agency has the adequate legal authority to establish NHD. CMS seeks to understand what incentives, programs, or policies might promote timely and accurate data reporting, as well as robust NDH usage by stakeholders.
Treasury
- Due November 4 – Clean Energy Incentives (WHG summary) – IRA provides a variety of incentives for the production and storage of clean energy and sustainable building or manufacturing. Importantly, nonprofit entities can receive some of the credits as direct payments rather than tax credits through a mechanism known as credit monetization. The RFIs cover the following areas:
- Credit monetization, or the means by which entities are able to treat certain credits as a direct payment rather than a credit against their federal income tax liabilities, which allows tax-exempt entities (i.e., non-profit hospitals) to benefit from certain tax credits;
- Credit enhancements, which would increase the credit value if entities meet certain wage and domestic content requirements;
- Energy generation incentives, such as production and investment tax credits;
- Home and building incentives, such as the energy efficient commercial building deduction;
- Consumer vehicle credits, such as credits for purchasing electric vehicles; and
- Manufacturing credits, to support the energy supply chain.