Final 2022 Rule for Medicare Parts C and D Released By Trump Administration

On February 18, 2020, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule entitled “Medicare and Medicaid Programs; Contract Year 2021 and 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly” (CMS-4190-P).

The proposed rule touched on a range of issues relating to the Medicare Advantage (MA) and Part D prescription drug programs, including an effort to put into regulation, or codify, sub-regulatory rules and guidance previously issued by CMS. On April 6, 2020, the Center for Medicare Advocacy submitted comments to the proposed rule (generally referenced in this Alert as “Center comments”).

As discussed in Part II of this CMA Alert, on June 2, 2020 CMS issued a final rule addressing some of the provisions of the proposed rule, effective 2021 (CMS–4190–F), at 85 Fed Reg 33796 (June 2, 2020).  CMS left the balance of the proposals to subsequent rulemaking. Some of the provisions of this final rule most relevant to Medicare beneficiaries are highlighted here; we also reference a previous Alert that goes into more detail.

As discussed in Part III of this CMA Alert, on the last full day of the Trump Administration, January 19, 2021, CMS issued a final rule for 2022 addressing most of the remaining provisions from the February 2020 proposed rule (CMS–4190–F2), at 86 Fed Reg 5864 (January 19, 2021).  Some of the provisions of this final rule most relevant to Medicare beneficiaries are discussed her.  In addition, an Addendum to this Alert includes more detail about the rule’s codification of marketing and communication guidance that, among other things, blurs the distinction between educational and marketing events.

• Read the full analysis at: https://medicareadvocacy.org/part-c-and-d-rule-analysis/