CMS Releases Notification of Enforcement Discretion of Medicaid Access Monitoring Review Plans

On March 31, the Centers for Medicare and Medicaid Services (CMS) announced an update that it was exercising enforcement discretion during the COVID-19 public health emergency (PHE) with regard to state submissions of updated Medicaid access monitoring review plans (AMRP). AMRPs were due to CMS by October 1, 2016 with required updates at least once every three years. CMS stated it was delaying enforcement of the requirement for states to submit updated AMRPs that otherwise would be due by October 1, 2022 until October 1, 2024.

CMS stated that it was exercising discretion because “[d]uring the PHE, states and providers are experiencing unprecedented resource strain, and CMS has looked to alleviate burden to the national health care system when opportunities are available.” It also stated that the potential for new surges in COVID-19 and uncertainty around the end date of the PHE informed its decision to provide states with a two-year delay in enforcement.