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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules Analysis Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001;
telephone number: 202 5641463;
email address: griffin.stephanie@
epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
This document extends the public comment period established in the Federal Register document of June 28, 2021 86
FR 33926 FRL1001778. In that document, EPA proposed a one-time reporting and recordkeeping rule for certain manufacturers including importers of PFAS in any year since January 1, 2011. EPA is hereby extending the comment period, which was set to end on August 27, 2021, to September 27, 2021.
If you have questions, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:

List of Subjects in 40 CFR Part 705
Chemicals, Environmental protection, Hazardous Materials, Recordkeeping, and Reporting Requirements.
Dated: July 28, 2021.
Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
FR Doc. 202116490 Filed 8221; 8:45 am BILLING CODE 656050P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid Services 42 CFR Part 447
CMS2444P
RIN 0938AU73

Medicaid Program; Reassignment of Medicaid Provider Claims Centers for Medicare &
Medicaid Services CMS, HHS.
ACTION: Proposed rule.
jbell on DSKJLSW7X2PROD with PROPOSALS

AGENCY:

This proposed rule would reinterpret the scope of the general requirement that state payments for Medicaid services under a state plan must be made directly to the individual practitioner providing services, in the case of a class of practitioners for which the Medicaid program is the primary
SUMMARY:

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source of revenue. Specifically, this proposal, if finalized, would explicitly authorize states to make payments to third parties to benefit individual practitioners by ensuring health and welfare benefits, training, and other benefits customary for employees, if the practitioner consents to such payments to third parties on the practitioners behalf.
DATES: To be assured consideration, comments must be received at one of the addresses provided below, by September 28, 2021.
ADDRESSES: In commenting, please refer to file code CMS2444P. Comments, including mass comment submissions, must be submitted in one of the following three ways please choose only one of the ways listed:
1. Electronically. You may submit electronic comments on this regulation to http www.regulations.gov. Follow the Submit a comment instructions.
2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare &
Medicaid Services, Department of Health and Human Services, Attention:
CMS2444P, P.O. Box 8016, Baltimore, MD 212448016.
Please allow sufficient time for mailed comments to be received before the close of the comment period.
3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS2444P, Mail Stop C42605, 7500 Security Boulevard, Baltimore, MD 212441850.
For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Christopher Thompson, 410 7864044.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following website as soon as possible after they have been received: http
www.regulations.gov. Follow the search instructions on that website to view public comments. CMS will not post on Regulations.gov public comments that make threats to individuals or institutions or suggest that the individual will take actions to harm the individual. CMS continues to encourage individuals not to submit duplicative
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comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments.
I. Background A. Prohibition on Payment Reassignment The Medicaid program was established by Congress in 1965 to provide health care services for lowincome and disabled beneficiaries.
Section 1902a32 of the Social Security Act the Act imposes certain requirements on how states may make payments for services furnished to Medicaid beneficiaries. Section 1902a32 of the Act provides that generally no payment under the plan for any care or service provided to an individual shall be made to anyone other than such individual or the person or institution providing such care or service, under an assignment, power of attorney, or otherwise. This prohibition is followed by four enumerated exceptions. On September 29, 1978, CMS codified these exceptions under 42
CFR 447.10, the regulations implementing section 1902a32 of the Act, in the Payment for Services final rule 43 FR 45253. The 1978 final rule simply reorganized and redesignated existing Medicaid regulations at 449.31. Since the 1990s, we have mostly understood this provision as governing only assignments and other similar Medicaid reimbursement arrangements.
Consistent with this understanding, from 2012 to 2014, we engaged in rulemaking to make it explicit that section 1902a32 of the Act did not apply to certain payments made by the state Medicaid program on behalf and for the benefit of individual Medicaid practitioners whose primary source of revenue is the state Medicaid program.
We finalized this regulation in the State Plan Home and Community Based Services, 5-Year for Waivers, Provider Payment Reassignment, and Home and Community-Based Setting Requirements for Community First Choice and Home and Community Based Services HCBS Waivers final rule published in the January 16, 2014
Federal Register 79 FR 2948 through 2949, 3001 through 3003, and 3039
hereinafter referred to as the 2014
final rule. In that rulemaking, we reasoned that this policy was permitted by the statute because the apparent purpose of section 1902a32 of the Act was to prohibit factoring arrangements, the practice by which providers sold reimbursement claims for a percentage
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