On May 6, 2009, CMS published a proposed rule further delaying enforcement of certain provisions of a February 22, 2008 Medicaid provider tax rule already subject to a Congressional moratorium. Specifically, CMS is delaying until June 30, 2010 enforcement of the rule’s provision clarifying the standard for determining the existence of a “hold harmless” arrangement. The current Congressional moratorium on enforcement of this provision expires July 1, 2009. CMS is accepting comments on the delay through June 1, 2009.
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Medicaid provider tax rule delay
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