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Page 7 – CMCS Informational Bulletin states are permitted to use other electronic data sources in addition to the DMF, such as vital statistics data on deaths available through State Health Departments and State Vital Statistics Offices, to timely identify potentially deceased beneficiaries, as long as the state also complies with requirements of this section and other Medicaid eligibility determination and redetermination requirements. Section 1902(a)(89) of the Act, as added by section 71104, is applicable to all states and the District of Columbia; it does not apply to the territories. Section 71105. Ensuring Deceased Providers Do Not Remain Enrolled Under current regulations, states are required to check the DMF when enrolling, reenrolling, or revalidating enrollment of a provider in their state Medicaid program or separate CHIP.7 Section 71105 amends section 1902(kk)(1) of the Act to, in addition to current requirements, also require states, beginning January 1, 2028, to check the DMF no less frequently than quarterly to determine whether a provider is deceased. This requirement is applicable to separate CHIPs through an existing cross-reference at section 2107(e)(1)(G) of the Act. Section 1902(kk)(1), as amended by section 71105, is applicable to all states, the District of Columbia, and the territories. Section 71106. Payment Reduction Related to Certain Erroneous Excess Payments under Medicaid Currently, the Secretary is required to disallow federal monies if a state Medicaid program has an eligibility-related error rate greater than 3 percent. However, the Secretary may waive, in certain limited cases, all or part of such a disallowance with respect to any state if such state is unable to reach the allowable error rate for a period or fiscal year despite a good faith effort by such state (described in regulation as a “good faith waiver”). Section 71106 amends section 1903(u)(1) of the Act to specify, beginning in Fiscal Year 2030, when the Secretary must issue eligibility-related disallowances and establishes new restrictions on the Secretary’s authority to issue good faith waivers for states with Medicaid eligibility- related error rates exceeding 3 percent. CMS expects to provide additional guidance to states on implementation of this provision. Section 1903(u)(1) of the Act, as amended by section 71106, is applicable to all states and the District of Columbia; it does not apply to the territories. Section 71107. Eligibility Redeterminations Federal regulations currently in effect require states to redetermine eligibility once every 12 months, and no more frequently than once every 12 months, for Medicaid beneficiaries whose 7 See 42 CFR § 455.436; 42 CFR § 457.990(b).