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Page 12 – CMCS Informational Bulletin state, notwithstanding subsections 1905(y) and (z) of the Act.29 That means that the 90 percent FMAP described above will no longer be available for emergency Medicaid services for individuals who meet the eligibility requirements under the Medicaid adult group. Section 1905(kk) of the Act, as added by section 71110, is applicable to all states, the District of Columbia, and the territories. Subchapter B – Preventing Wasteful Spending Section 71111. Moratorium on Implementation of Rule Relating to Staffing Standards for Long-Term Care Facilities under the Medicare and Medicaid Programs On May 10, 2024, CMS published a final rule, “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting,” which establishes certain minimum nurse staffing and enhanced facility assessment requirements for nursing homes, and requires states to report on the percentage of Medicaid payments that are spent on compensation for direct care workers and support staff in nursing facilities and intermediate care facilities for individuals with intellectual disabilities.30 Section 71111 temporarily prohibits CMS from implementing, administering, or enforcing certain nursing home staffing provisions of the nursing home minimum staffing final rule through September 30, 2034. Specifically, the moratorium applies to revised provisions found at 42 CFR §§ 483.5 and 483.35. The rules in effect before May 10, 2024 will continue to be enforced. This moratorium does not apply to the enhanced facility assessment requirements set out at new 42 CFR § 483.71 or the Medicaid Institutional Payment Transparency Reporting provisions set out at new 42 CFR § 442.43. Section 71111 affects regulations implemented by all states, the District of Columbia, and the territories. Section 71112. Reducing State Medicaid Costs Currently, states are required to provide applicants retroactive eligibility in Medicaid for up to three months prior to the month of application if the individual has received Medicaid services covered under the state plan during that period and such individual would have been eligible at 29 To the extent a state was able to claim the increased FMAP for emergency services to noncitizens (including for services through a section 1115 demonstration), the FMAP will now be no greater than the FMAP determined under section 1905(b) of the Act for such state. 30 https://www.federalregister.gov/documents/2024/05/10/2024-08273/medicare-and-medicaid-programs-minimum- staffing-standards-for-long-term-care-facilities-and-medicaid