CMS: COVID-19 Related Exercise of Enforcement Discretion Ending May 11, 2023

March 24, 2023

CMS issued notice on March 24, 2023 to Medicare Advantage Organizations, Part D Plan Sponsors, and Medicare-Medicaid Plans that the temporary enforcement discretion policy would end when the PHE ends on May 11, 2023.  This means the flexibilities these organizations implemented during the COVID-19 PHE will end and they will need to follow current statutory and regulatory requirements.

For example, mid-year benefit package enhancements (e.g., reductions in cost sharing) will no longer be allowed, unless previously approved for Contract Year 2023.  Plans must notify beneficiaries at least 30-days prior to these changes becoming effective.

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