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Page 4 – CMCS Informational Bulletin Summary of Working Families Tax Cut Legislation Provisions Subchapter A1 – Reducing Fraud and Improving Enrollment Processes Section 71101. Moratorium on Implementation of Rule Relating to Eligibility and Enrollment in Medicare Savings Programs On September 21, 2023, CMS published a final rule entitled “Streamlining Medicaid; Medicare Savings Program Eligibility Determination and Enrollment,” (known as the MSP final rule), that instituted new requirements for states to expand eligibility and streamline enrollment processes for the Medicare Savings Programs (MSPs).2 The MSP final rule went into effect on November 17, 2023, and CMS outlined a phased-in approach for states to come into compliance with each provision between 2024 and 2026. Section 71101 temporarily prohibits CMS from implementing, administering, or enforcing certain amendments made by the provisions of the MSP final rule that had a compliance date after July 4, 2025, the date the WFTC legislation was enacted. The moratorium on these amendments ends on September 30, 2034. While the moratorium is in effect, CMS will, in general, revert to the regulations in place as of November 16, 2023, for sections of the regulation subject to the moratorium.3 CMS continues to analyze the impact of the moratorium on MSP eligibility and enrollment processes and expects to provide additional information to states in future guidance. See Appendix E for the complete list of provisions in the MSP final rule and their status under the moratorium. Section 71101 affects regulations applicable to all states and the District of Columbia; the regulations impacted by the MSP final rule do not impact the territories because they have not adopted the MSPs.4 Section 71102. Moratorium on Implementation of Rule Relating to Eligibility and Enrollment for Medicaid, CHIP, and the Basic Health Program On April 2, 2024, CMS published a final rule entitled “Medicaid Program; Streamlining the Medicaid, Children’s Health Insurance Program, and Basic Health Program Application, Eligibility Determination, Enrollment, and Renewal Processes,” (known as the Eligibility and Enrollment final rule), that outlined changes to processes for eligible people to enroll in and 1 The references to “Subchapters” in the headings are to Subchapters of Chapter 1 of Subtitle B of Title VII of Public Law 119-21. 2 https://www.federalregister.gov/documents/2023/09/21/2023-20382/streamlining-medicaid-medicare-savings- program-eligibility-determination-and-enrollment 3 https://www.ecfr.gov/on/2023-11-16/title-42/chapter-IV 4 The MSPs are mandatory Medicaid eligibility groups for the 50 states and the District of Columbia, but optional for territories per section 1905(p)(4)(A) of the Social Security Act.