Lexology May 4, 2022
The final rule implementing “Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs” is now available for review, and set for publication in the May 9, 2022 Federal Register. The final rule adopts the proposed change that requires initial and service area expansion applicants to submit their proposed contracted networks during the application process. The final rule delays this change from contract year 2023 to contract year 2024.
In making this change, CMS is basically reverting to its process prior to 2019, when it began allowing plans to attest to network adequacy for new contract or service area expansion applications, and relied on its triennial network review process to evaluate compliance with...