MFAR Transparency Act

MFAR Transparency Act

This bill restricts the implementation of, and requires additional reporting with respect to, the Centers for Medicare & Medicaid Services (CMS) proposed rule titled Medicaid Program; Medicaid Fiscal Accountability Regulation, published on November 18, 2019. The proposed rule establishes new reporting requirements for states with respect to supplemental payments and upper payment limits under Medicaid and generally modifies requirements relating to state Medicaid financing.

The bill prohibits the CMS from finalizing or otherwise implementing the proposed rule without congressional authorization. Additionally, the Government Accountability Office must report on the fiscal impact of the proposed rule on health care facilities and state and local governments.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7606 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7606

 To require the Comptroller General to submit to Congress a report on 
 the impact of the Medicaid Fiscal Accountability Regulation, to limit 
 the authority for the Secretary of Health and Human Services, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2020

  Mr. Williams (for himself and Ms. Johnson of Texas) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Comptroller General to submit to Congress a report on 
 the impact of the Medicaid Fiscal Accountability Regulation, to limit 
 the authority for the Secretary of Health and Human Services, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``MFAR Transparency Act''.

SEC. 2. REPORTING REQUIREMENT RELATING TO THE MEDICAID FISCAL 
              ACCOUNTABILITY REGULATION.

    (a) Comptroller General Report.--Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General shall submit 
to Congress a report that--
            (1) identifies the reporting requirements that are 
        necessary to ensure that States comply with laws and 
        regulations with respect to the financing of the non-Federal 
        share of expenditures under State plans under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.);
            (2) estimates the financial impact of the proposed 
        rulemaking entitled, ``Medicaid Program; Medicaid Fiscal 
        Accountability Regulation'' published by the Secretary of 
        Health and Human Services on November 18, 2019 with respect to 
        all health care facilities that receive supplemental or direct 
        payments under such title XIX funded through intergovernmental 
        transfers;
            (3) evaluate the impact of the proposed rulemaking 
        described in paragraph (2) with respect to State and local 
        budgets, including the impact of tax increases that would be 
        necessary to maintain current funding for hospitals and nursing 
        homes that receive payments from intergovernmental transfers 
        (as of the date of enactment of this Act); and
            (4) identifies the impact of the proposed rulemaking 
        described in paragraph (2) with respect to intergovernmental 
        transfers of funds from units of government within a State and 
        provider taxes paid authorized under section 1903(w) of the 
        Social Security Act (42 U.S.C. 1396b(w)).
    (b) Limitation of Authority for the Secretary of Health and Human 
Services.--The Secretary of Health and Human Services may not take any 
action (through promulgation of regulation, issuance of regulatory 
guidance, or other administrative action), unless the 116th Congress 
enacts a resolution that authorizes such action, to finalize or 
otherwise implement provisions contained in the proposed rulemaking 
described in subsection (a)(2).
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