Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2023
Highlights
GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule entitled "Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2023." GAO found that the final rule (1) announces the monthly actuarial rates for aged (age 65 and over) and disabled (under age 65) beneficiaries enrolled in Part B of the Medicare Supplementary Medical Insurance program beginning January 1, 2023; and (2) announces the monthly premium for aged and disabled beneficiaries, the deductible for 2023, and the income-related monthly adjustment amounts to be paid by beneficiaries with modified adjusted gross income above certain threshold amounts.
Enclosed is our assessment of CMS's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.
B-334652
October 6, 2022
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate
The Honorable Frank Pallone, Jr.
Chairman
The Honorable Cathy McMorris Rodgers
Republican Leader
Committee on Energy and Commerce
House of Representatives
The Honorable Richard Neal
Chairman
The Honorable Kevin Brady
Republican Leader
Committee on Ways and Means
House of Representatives
Subject: Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2023
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS) entitled “Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2023” (RIN: 0938-AU48). We received the rule on September 28, 2022. It was published in the Federal Register as notice on September 29, 2022. 87 Fed. Reg. 59080. The effective date is January 1, 2023.
This final rule, according to CMS, announces the monthly actuarial rates for aged (age 65 and over) and disabled (under age 65) beneficiaries enrolled in Part B of the Medicare Supplementary Medical Insurance program beginning January 1, 2023. In addition, CMS stated the rule announces the monthly premium for aged and disabled beneficiaries, the deductible for 2023, and the income-related monthly adjustment amounts to be paid by beneficiaries with modified adjusted gross income above certain threshold amounts.
Enclosed is our assessment of CMS’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.
Shirley A. Jones
Managing Associate General Counsel
Enclosure
cc: Calvin E. Dukes II
Regulations Coordinator
Department of Health and Human Services
ENCLOSURE
REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
CENTERS FOR MEDICARE & MEDICAID SERVICES
ENTITLED
“MEDICARE PROGRAM; MEDICARE PART B MONTHLY ACTUARIAL RATES,
PREMIUM RATES, AND ANNUAL DEDUCTIBLE BEGINNING JANUARY 1, 2023”
(RIN: 0938-AU48)
(i) Cost-benefit analysis
The Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS), included in this final rule an accounting statement for the estimated aggregate Part B premium increase for all enrollees for 2023. In the accounting statement, CMS estimated annualized monetized transfers of -$3.8 billion from beneficiaries to the federal government.
(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609
CMS determined that this final rule will not have a significant economic impact on a substantial number of small entities, or small rural hospitals.
(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535
CMS stated this final rule does not impose mandates that will have a consequential effect of the threshold amount or more on state, local, or tribal governments or on the private sector.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
CMS stated it found notice and comment procedures to be unnecessary for this final rule and found good cause to waive such procedures under the Act, if such procedures may be construed to be required at all. Specifically, CMS stated any potential delay in the effective date of the rule could cause unnecessary confusion for both the agency and Medicare beneficiaries.
Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520
CMS determined that this final rule does not impose information collection requirements under the PRA.
Statutory authorization for the rule
CMS promulgated this final rule pursuant to section 1839 of the Social Security Act, Public Law 74-271.
Executive Order No. 12866 (Regulatory Planning and Review)
CMS stated the Office of Management and Budget’s Office of Information and Regulatory Affairs determined that this final rule is economically significant under the Order.
Executive Order No. 13132 (Federalism)
CMS determined that this final rule does not significantly affect the rights, roles, and responsibilities of states and the requirements of the Order do not apply.