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Page 3 – Dir. Tidball-Zeltinger of public comment on a state’s application for a section 1115 demonstration that would result in an impact on eligibility, enrollment, benefits, cost-sharing, or financing. The first comment period occurs at the state level before submission of the section 1115 application, and the second comment period occurs at the federal level after the application is received by the Secretary.
The Affordable Care Act (ACA) specified that comment periods should be “sufficient to ensure a meaningful level of public input, sections 1115(d)(2)(A) and (C) of the Act, but the statute imposed no additional requirement on the states or the Secretary to provide an individualized response to address those comments, as might otherwise be required under a general rulemaking. Accordingly, the implementing regulations issued in 2012 provide that CMS will review and consider all comments received by the deadline, but will not provide individualized written responses to public comments (42 CFR 431.416(d)(2)).
CMS held its federal comment period from November 2, 2022 through December 2, 2022, and received no comments. CMS has concluded that the demonstration is likely to assist in promoting the objectives of Medicaid.
Other Information
CMS’s approval of this demonstration project is contingent upon compliance with the enclosed expenditure authority and the STCs defining the nature, character, and extent of anticipated federal involvement in the demonstration. The award is subject to our receiving your written acknowledgement of the award and acceptance of these STCs within 30 days of the date of this letter.
The project officer for this demonstration is Valisha Andrus. Ms. Andrus is available to answer any questions concerning your section 1115 demonstration. Ms. Andrus’ contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-25-26 7500 Security Boulevard Baltimore, MD 21244-1850 Email: Valisha.Andrus@cms.hhs.gov
We appreciate your state’s commitment to improving the health of people in South Dakota, and we look forward to partnering with you on the South Dakota Former Foster Care Youth 1115(a) demonstration. If you have questions with regards to this approval, please contact Ms. Mehreen Rashid, Acting Director, State Demonstrations Group, Center for Medicaid and CHIP Services, at (410) 786-9686.
Sincerely,