Medicaid Continuous Enrollment Condition Changes, Conditions for Receiving the FFCRA Temporary FMAP Increase, Reporting Requirements, and Enforcement Provisions in the Consolidated Appropriations Act, 2023
On December 29, 2022, the Consolidated Appropriations Act, 2023 (P.L. 117-328) (CAA, 2023)
was enacted. This state health official (SHO) letter discusses section 5131 of subtitle D of title
V of division FF of the CAA, 2023 (hereinafter referred to as “section 5131”). This section
makes significant changes to the continuous enrollment condition and availability of the
temporary increase in the Federal Medical Assistance Percentage (FMAP) under section 6008 of
the Families First Coronavirus Response Act (FFCRA) (hereinafter referred to as “temporary
FMAP increase”) and establishes new state reporting requirements and enforcement authorities
for the Centers for Medicare & Medicaid Services (CMS). Specifically, as discussed in further
detail in this letter, section 5131:
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: January 27, 2023
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.