MFAR Transparency Act

I 116TH CONGRESS 2D SESSION H. R. 7606 To require the Comptroller General to submit to Congress a report on the impact of the Medicaid Fiscal Accountability Regulation, to limit the authority for the Secretary of Health and Human Services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 13, 2020 Mr. WILLIAMS (for himself and Ms. JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Comptroller General to submit to Congress a report on the impact of the Medicaid Fiscal Account- ability Regulation, to limit the authority for the Sec- retary of Health and Human Services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘MFAR Transparency 4 Act’’. 5 VerDate Sep 11 2014 21:29 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7606.IH H7606 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 7606 IH SEC. 2. REPORTING REQUIREMENT RELATING TO THE 1 MEDICAID FISCAL ACCOUNTABILITY REGU- 2 LATION. 3 (a) COMPTROLLER GENERAL REPORT.—Not later 4 than 2 years after the date of the enactment of this Act, 5 the Comptroller General shall submit to Congress a report 6 that— 7 (1) identifies the reporting requirements that 8 are necessary to ensure that States comply with laws 9 and regulations with respect to the financing of the 10 non-Federal share of expenditures under State plans 11 under title XIX of the Social Security Act (42 12 U.S.C. 1396 et seq.); 13 (2) estimates the financial impact of the pro- 14 posed rulemaking entitled, ‘‘Medicaid Program; 15 Medicaid Fiscal Accountability Regulation’’ pub- 16 lished by the Secretary of Health and Human Serv- 17 ices on November 18, 2019 with respect to all health 18 care facilities that receive supplemental or direct 19 payments under such title XIX funded through 20 intergovernmental transfers; 21 (3) evaluate the impact of the proposed rule- 22 making described in paragraph (2) with respect to 23 State and local budgets, including the impact of tax 24 increases that would be necessary to maintain cur- 25 rent funding for hospitals and nursing homes that 26 VerDate Sep 11 2014 21:29 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7606.IH H7606 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 7606 IH receive payments from intergovernmental transfers 1 (as of the date of enactment of this Act); and 2 (4) identifies the impact of the proposed rule- 3 making described in paragraph (2) with respect to 4 intergovernmental transfers of funds from units of 5 government within a State and provider taxes paid 6 authorized under section 1903(w) of the Social Secu- 7 rity Act (42 U.S.C. 1396b(w)). 8 (b) LIMITATION OF AUTHORITY FOR THE SEC- 9 RETARY OF HEALTH AND HUMAN SERVICES.—The Sec- 10 retary of Health and Human Services may not take any 11 action (through promulgation of regulation, issuance of 12 regulatory guidance, or other administrative action), un- 13 less the 116th Congress enacts a resolution that author- 14 izes such action, to finalize or otherwise implement provi- 15 sions contained in the proposed rulemaking described in 16 subsection (a)(2). 17 Æ VerDate Sep 11 2014 21:29 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H7606.IH H7606 jbell on DSKJLSW7X2PROD with BILLS