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Finding Medicare Fee-For-Service (FFS) Payment System Rules: Schedules and Resources
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                Finding Medicare Fee-For-Service (FFS) 
June 28, 2023 
Payment System Rules: Schedules and 
Michele L. Malloy 
Resources 
Research Librarian   
The Medicare Fee-For-Service (FFS) program pays physicians, hospitals, and other health care facilities based on statutorily established payment systems, most of which are updated annually 
 
through regulations. These proposed and final rules follow schedules based on requirements found in statute, regulation, or both.  
As Medicare FFS payment system proposed and final rules are issued, they impact payments received by health care facilities and providers. Congressional Members and committees may comment, and are often contacted by provider and beneficiary groups. Tracking the status and requirements for specific rules can be onerous, since they have different schedules and web locations. 
This report contains information on these payment system rules in a quick reference table. Specifically, the table compiles the payment systems, their main portals on the Centers for Medicare & Medicaid Services (CMS) website, the typical rulemaking schedule, statutory and regulatory requirements, and the most recently issued proposed rules, public comments, final rules, and subsequent corrections. The table also includes embedded links to the applicable resources. Not all payment systems include detailed statutory and regulatory requirements, as noted in the table. 
Congressional Research Service 
 
 link to page 4  link to page 4  link to page 5  link to page 5  link to page 20 Finding Medicare Fee-For-Service (FFS) Payment System Rules 
 
Contents 
Introduction ..................................................................................................................................... 1 
Medicare Fee-For-Service Payment System Rules: Schedules and Resources ............................... 1 
 
Tables 
Table 1. Medicare Fee-For-Service (FFS) Payment System Rules: Schedules and 
Resources ..................................................................................................................................... 2 
  
Contacts 
Author Information ........................................................................................................................ 17 
  
Congressional Research Service 
 link to page 5 Finding Medicare Fee-For-Service (FFS) Payment System Rules 
 
Introduction 
The Medicare Fee-For-Service (FFS) program pays physicians, hospitals, and other health care facilities based on statutorily established payment systems, most of which are updated annually through regulations. These proposed and final rules follow schedules based on requirements found in statute, regulation, or both. Medicare payment systems that follow annual regulatory updates with comment periods include the following:  
•  Medicare Physician Fee Schedule Payment (MPFS or PFS),  •  Hospital Outpatient Prospective Payment System (OPPS),  •  Ambulatory Surgical Center Payment System (ASC Payment System),  •  Acute Inpatient Prospective Payment System (IPPS),  •  Long-Term Care Hospital Prospective Payment System (LTCH PPS),  •  Skilled Nursing Facility Prospective Payment System (SNF PPS),  •  Inpatient Rehabilitation Facility Prospective Payment System (IRF PPS),  •  Inpatient Psychiatric Facility Prospective Payment System (IPF PPS),  •  Home Health Prospective Payment System (Home Health PPS),  •  End Stage Renal Disease Prospective Payment System (ESRD PPS), and  •  Hospice Wage Index and Payment Rate. 
As Medicare FFS payment system proposed and final rules are issued, they impact payments received by health care facilities and providers. Congressional Members and committees may comment, and are often contacted by provider and beneficiary groups. Tracking the status and requirements for specific rules can be onerous, because they have different schedules and web locations. This report contains information on these payment system rules in a quick reference table.  
To learn more about these payment systems, please see applicable sections of CRS Report R40425, Medicare Primer. In addition, the Medicare Payment Advisory Commission (MedPAC) produces Payment Basics,1 a series of brief overviews of how Medicare’s payment systems function. 
Medicare Fee-For-Service Payment System Rules: 
Schedules and Resources 
Medicare FFS payment system rules and the associated statutory and regulatory requirements regarding timeline and public comment can be difficult to locate. Table 1 compiles the payment systems; their main portals on the Centers for Medicare & Medicaid Services (CMS) website; the typical rulemaking schedule; statutory and regulatory requirements; and the most recently issued proposed and final rules, including agency docket numbers, Federal Register citations, public comments available on Regulations.gov, and any corrections issued. The table also includes embedded links to the applicable resources and notes when rulemaking timelines and comment periods are not specified. Not all payment systems include detailed statutory and regulatory requirements, as noted in the table. 
 
1 MedPAC, Payment Basics, at https://www.medpac.gov/document-type/payment-basic/.  
Congressional Research Service  
 
1 
 link to page 19  
Table 1. Medicare Fee-For-Service (FFS) Payment System Rules: Schedules and Resources 
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Payment Policies Under the  July-August  November 
42 USC §1395w-4: Payment for 
N/A 
2023 Final Rule 
Physician Fee Schedule 
physicians’ services 
(11/18/2022) CMS-1770-F 
 
(b)(1) “Before November 1 of 
87 FR 69404 
Medicare Physician Fee 
the preceding year, for each year 
 
Schedule Payment (PFS)  
beginning with 1998, subject to subsection (p), the Secretary 
2023 Proposed Rule 
shall establish, by regulation, fee 
(7/29/2022) CMS-1770-P 
schedules that establish payment 
87 FR 45860 
amounts for all physicians' services furnished in all fee 
Comments: Regulations.gov 
schedule areas (as defined in 
CMS-2022-0113 
subsection (j)(2)) for the year." 
 
 
2022 Final Rule 
Note: Public comment is not 
(11/19/2021) CMS-1751-F 
addressed broadly for PFS in statute. However, public 
86 FR 64996 
comment is addressed for 
 
aspects of the physician payment 
2022 Proposed Rule 
system, such as the development 
(7/23/2021) CMS-1751-P 
of categories and codes. 
86 FR 39104 Comments: Regulations.gov CMS-2021-0119  
2021 Final Rule  (12/28/2020) CMS-1734-F 85 FR 84472 Corrections: 86 FR 5020 (1/19/2021) and 86 FR 14690 (3/18/2021)  
CRS-2 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
2021 Proposed Rule  (8/17/2020) CMS-1734-P 85 FR 50074  Comments: Regulations.gov CMS-2020-0088  2020 Final Rule  (11/15/2019) CMS-1715-F 84 FR 62568   2020 Proposed Rule  (8/14/2019) CMS-1715-P 84 FR 40482 Comments: Regulations.gov CMS-2019-0111 
Hospital Outpatient 
July-August  November
42 USC §1395l: Payment of 
42 CFR §419.50 Annual review. 
2023 Final Rule 
Prospective Payment and 
-December  benefits 
  
(11/23/2022) CMS-1772-FC 
Ambulatory Surgical 
(t) Prospective payment system 
Center Payment Systems 
42 CFR §416.130 Publication of revised 
87 FR 71748 
for hospital outpatient 
payment methodologies. 
  
department services 
 
"Whenever CMS proposes to revise the 
Hospital Outpatient 
  
2023 Proposed Rule 
payment rate for ASCs, CMS publishes a notice 
Prospective Payment 
Note: Specific timelines for 
in the Federal Register describing the revision. 
(7/26/2022) CMS-1772-P 
System (OPPS) 
rulemaking and comments are 
The notice also explains the basis on which the 
87 FR 44502 
 
not addressed in statute. 
rates were established. After reviewing public 
Comments: Regulations.gov 
Ambulatory Surgical 
  
comments, CMS publishes a notice establishing 
CMS-2022-0118 
Center (ASC) Payment 
the rates authorized by this section. In setting 
42 USC §1395l: Payment of 
 
System 
these rates, CMS may adopt reasonable 
benefits 
classifications of facilities and may establish 
2022 Final Rule 
(i) Outpatient surgery 
different rates for different types of surgical 
(11/16/2021) CMS-1753-FC 
“Taking into account the 
procedures." 
86 FR 63458 
recommendations in the report 
CRS-3 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
under section 626(d) of 
 
Medicare Prescription Drug, 
2022 Proposed Rule 
Improvement, and Modernization Act of 2003, the Secretary shall 
(8/4/2021) CMS-1753-P 
implement a revised payment 
86 FR 42018 
system for payment of surgical 
Comments: Regulations.gov 
services furnished in ambulatory 
CMS-2021-0124 
surgical centers." 
 
  
2021 Final Rule 
Note: Specific timelines for 
(12/29/2020) CMS-1736-FC  
rulemaking and comments beyond the initial year are not 
85 FR 85866 
addressed in statute. 
Corrections: 86 FR 11428 (2/25/2021)   2021 Proposed Rule 
(8/12/2020) CMS-1736-P  85 FR 48772 Comments: Regulations.gov CMS-2020-0090   2020 Final Rule 
(11/27/2019) CMS-1717-F2  84 FR 65524   2020 Proposed Rule 
(8/9/2019) CMS-1717-P 84 FR 39398 Comments: Regulations.gov CMS-2019-0109 
CRS-4 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Hospital Inpatient 
April-May 
August-
42 USC §1395ww: Payments to 
42 CFR §412.8 Publication of schedules for 
2024 Proposed Rule  
Prospective Payment 
October 
hospitals for inpatient hospital 
determining prospective payment rates. 
(5/1/2023) CMS-1785-P 
Systems for Acute Care 
services 
"(b) Annual publication of schedule for 
Hospitals and the Long-
88 FR 26658 
(e)(1)(C)(5) 
determining prospective payment rates. (1) 
Term Care Hospital 
CMS proposes changes in the methods, 
Comments: Regulations.gov 
Prospective Payment 
“The Secretary shall cause to 
amounts, and factors used to determine 
CMS-2023-0057 
System  
have published in the Federal Register, not later than- (A) the 
inpatient prospective payment rates in a 
 
  
April 1 before each fiscal year 
Federal Register document published for public 
2023 Final Rule 
Acute Inpatient 
(beginning with fiscal year 1986), 
comment not later than the April 1 before the 
(8/10/2022) CMS-1771-F 
Prospective Payment 
the Secretary’s proposed 
beginning of the Federal fiscal year in which the 
87 FR 48780 
System (IPPS)  
recommendations under 
proposed changes would apply. 
 
  
paragraph (4) for that fiscal year 
(2) Except as provided in paragraph (c) of this 
for public comment, and (B) the 
section, CMS publishes a Federal Register 
2023 Proposed Rule 
Long-Term Care Hospital 
August 1 before such fiscal year 
document setting forth final methods, amounts, 
Prospective Payment 
(5/10/2022) CMS-1771-P 
after such consideration of public  and factors for determining inpatient 
System (LTCH PPS) 
comment on the proposal as is 
prospective payment rates not later than the 
87 FR 28108 
feasible in the time available, the 
August 1 before the Federal fiscal year in which 
Comments: Regulations.gov 
Secretary's final 
the rates would apply." 
CMS-2022-0074 
recommendations under such 
  
 
paragraph for that year." 
42 CFR §412.535 Publication of the Federal 
2022 Final Rule  
  
prospective payment rates. 
(8/13/2021) CMS-1752-F 
42 USC §1395ww: Payments to 
"Except as specified in paragraph (b), CMS 
86 FR 44774 
hospitals for inpatient hospital 
publishes information pertaining to the long-
services 
 
term care hospital prospective payment system 
(m) Prospective payment for 
effective for each annual update in the Federal 
2022 Proposed Rule  
long-term care hospitals 
Register. 
(5/10/2021) CMS-1752-P 
  
(c) For the period beginning on or after 
86 FR 25070 
Note: Specific timelines for 
October 1, 2009, information on the 
Corrections: 86 FR 33157 
rulemaking and comments for 
unadjusted Federal payment rates and a 
(6/24/2021) 
Long-Term Care Hospital PPS 
description of the methodology and data used 
Comments: Regulations.gov 
are not addressed in statute. 
to calculate the payment rates are published on or before August 1 prior to the start of the 
CMS-2021-0070 
Federal fiscal year which begins October 1, 
  
CRS-5 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
unless for good cause it is published after 
2021 Final Rule  
August 1, but before September 1. 
(9/18/2020) CMS-1735-F  
(d) Information on the LTC-DRG classification 
85 FR 58432 
and associated weighting factors is published on or before August 1 prior to the beginning of 
Corrections: 85 FR 78748 
each Federal fiscal year." 
(12/7/2020)   2021 Proposed Rule  (5/29/2020) CMS-1735-P 85 FR 32460 Comments: Regulations.gov CMS-2020-0052   2020 Final Rule  (8/16/2019) CMS-1716-F 84 FR 42044   2020 Proposed Rule  
(5/3/2019) CMS-1716-P 
84 FR 19158 Corrections: 84 FR 28263 (6/18/2019) Comments: Regulations.gov CMS-2019-0073 
Prospective Payment 
April-May 
August 
42 USC §1395yy: Payment to 
42 CFR §413.345 Publication of Federal 
2024 Proposed Rule 
System and Consolidated 
skil ed nursing facilities for 
prospective payment rates. 
(4/10/2023) CMS-1779-P 
Bil ing for Skil ed Nursing 
routine service costs 
"CMS publishes information pertaining to each 
Facilities (SNF) 
88 FR 21316 
(e)(4)(H) 
update of the Federal payment rates in the 
  
Comments: Regulations.gov 
“The Secretary shall provide for 
Federal Register. This information includes the 
CMS-2023-0048 
publication in the Federal 
standardized Federal rates, the resident classification system that provides the basis for 
 
CRS-6 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Skil ed Nursing Facility 
Register, before May 1, 1998 
case-mix adjustment, and the factors to be 
2023 Final Rule 
Prospective Payment 
(with respect to fiscal period 
applied in making the area wage adjustment. 
(8/3/2022) CMS-1765-F 
System (SNF PPS) 
described in subparagraph (E)(i)) 
This information is published before May 1 for 
and before the August 1 
the fiscal year 1998 and before August 1 for the  87 FR 47502 
preceding each succeeding fiscal 
fiscal years 1999 and after." 
 
year (with respect to that 
2023 Proposed Rule  
succeeding fiscal year), of- 
(4/15/2022) CMS-1765-P 
(i) the unadjusted Federal per 
87 FR 22720 
diem rates to be applied to days of covered skil ed nursing facility 
Comments: Regulations.gov 
services furnished during the 
CMS-2022-0069 
fiscal year, 
 
(i ) the case mix classification 
2022 Final Rule 
system to be applied under subparagraph (G)(i) with respect 
(8/4/2021) CMS-1746-F 
to such services during the fiscal 
86 FR 42424 
year, and 
 
(i i) the factors to be applied in 
2022 Proposed Rule  
making the area wage adjustment 
(4/15/2021) CMS- 1746-P 
under subparagraph (G)(i ) with respect to such services." 
86 FR 19954 
  
Comments: Regulations.gov CMS-2021-0062 
Note: The timelines for the 
proposed rule and comments are 
  
not addressed in statute. 
2021 Final Rule  
(8/5/2020) CMS-1737-F  
85 FR 47594   2021 Proposed Rule  (4/15/2020) CMS-1737-P 85 FR 20914 
CRS-7 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Comments: Regulations.gov CMS-2020-0036    2020 Final Rule  
(8/7/2019) CMS-1718-F  
84 FR 38728   2020 Proposed Rule  (4/25/2019) CMS-1718-P  84 FR 17620 Comments: Regulations.gov CMS-2019-0070 
Inpatient Rehabilitation 
April-May 
August 
42 USC §1395ww: Payments to 
42 CFR §412.628 Publication of the Federal 
2024 Proposed Rule 
Facility Prospective 
hospitals for inpatient hospital 
prospective payment rates. 
(5/1/2023) CMS-1785-P 
Payment System 
services 
"We publish information pertaining to the 
88 FR 26658 
  
(j)(5) 
inpatient rehabilitation facility prospective 
Comments: Regulations.gov   
Inpatient Rehabilitation 
“The Secretary shall provide for 
payment system effective for each fiscal year in 
CMS-2023-0057 
Facility Prospective 
publication in the Federal 
the Federal Register. This information includes 
Payment System (IRF PPS) 
Register, on or before August 1 
the unadjusted Federal payment rates, the 
 
before each fiscal year (beginning 
patient classification system and associated 
2023 Final Rule 
with fiscal year 2001), of the 
weighting factors, and a description of the 
(8/1/2022) CMS-1767-F 
classification and weighting 
methodology and data used to calculate the 
87 FR 47038 
factors for case mix groups 
payment rates. This information is published on 
under paragraph (2) for such 
or before August 1 prior to the beginning of 
 
fiscal year and a description of 
each fiscal year." 
2023 Proposed Rule 
the methodology and data used 
(4/6/2022) CMS-1767-P 
in computing the prospective payment rates under this 
87 FR 20218 
subsection for that fiscal year." 
Comments: Regulations.gov 
  
CMS-2022-0061  
CRS-8 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Note: Only the final rule 
2022 Final Rule 
deadline is specified, the 
(8/4/2021) CMS-1748-F 
proposed rule is not addressed in statute. Public comment is not 
86 FR 42362 
addressed in statute. 
 
2022 Proposed Rule  (4/12/2021) CMS-1748-P 86 FR 19086 Comments: Regulations.gov  CMS-2021-0057   2021 Final Rule  (8/10/2020) CMS-1729-F  85 FR 48424   2021 Proposed Rule  (4/21/2020) CMS-1729-P 85 FR 22065 Comments: Regulations.gov CMS-2020-0039   2020 Final Rule  
(8/8/2019) CMS-1710-F 
84 FR 39054   2020 Proposed Rule  (4/24/2019) CMS-1710-P 84 FR 17244 
CRS-9 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Corrections: 84 FR 24734 (5/29/2019) Comments: Regulations.gov CMS-2019-0066 
Inpatient Psychiatric 
April-May 
August 
42 USC §1395ww: Payments to 
42 CFR §412.428 Publication of changes to the 
2024 Proposed Rule 
Facilities Prospective 
hospitals for inpatient hospital 
inpatient psychiatric facility prospective 
(4/10/2023) CMS-1783-P 
Payment System 
services 
payment system. 
88 FR 21238 
  
(s) Prospective payment for 
“CMS wil  issue annually in the Federal Register 
Comments: Regulations.gov 
Inpatient Psychiatric Facility 
psychiatric hospitals 
information pertaining to changes to the 
CMS-2023-0053 
Prospective Payment 
  
inpatient psychiatric facility prospective 
System (IPF PPS) 
payment system." 
 
Note: Specific timelines for rulemaking and comments for 
2023 Final Rule 
Inpatient Psychiatric Facility PPS 
(7/29/2022) CMS-1769-F 
are not addressed in statute. 
87 FR 46846 
Deadlines for quality measures 
 
are specified. 
2023 Proposed Rule 
(4/4/2022) CMS-1769-P 87 FR 19415 Comments: Regulations.gov CMS-2022-0062  
2022 Final Rule 
(8/4/2021) CMS-1750-F 86 FR 42608  
2022 Proposed Rule  (4/13/2021) CMS-1750-P 86 FR 19480 Comments: Regulations.gov  
CRS-10 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
CMS-2021-0060   2021 Final Rule  
(8/4/2020) CMS-1731-F  
85 FR 47042 Corrections: 85 FR 52923 (8/27/2020)   2021 Proposed Rule (4/14/2020) CMS-1731-P 85 FR 20625 Comments: Regulations.gov CMS-2020-0035   2020 Final Rule  
(8/6/2019) CMS-1712-F 
84 FR 38424   2020 Proposed Rule  (4/23/2019) CMS-1712-P 84 FR 16948 Comments: Regulations.gov CMS-2019-0067 
Home Health Prospective 
July 
November 
42 USC §1395fff: Prospective 
42 CFR §484.225 Annual update of the 
2023 Final Rule 
Payment System  
payment for home health 
unadjusted national, standardized prospective 
(11/4/2022) CMS-1766-F 
  
services 
payment rates. 
87 FR 66790 
Home Health Prospective 
  
“CMS annually updates the unadjusted national, 
 
Payment System (Home 
Note: Specific timelines for 
standardized prospective payment rate on a 
Health PPS) 
rulemaking and comments for 
2023 Proposed Rule 
CRS-11 
 link to page 19  link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Home Health PPS are not 
calendar year basis (in accordance with section 
(6/23/2022) CMS-1766-P 
addressed in statute.  
1895(b)(1)(B) of the Act)."b 
87 FR 37600 Comments: Regulations.gov CMS-2022-0109  
2022 Final Rule 
(11/9/2021) CMS-1747-F 86 FR 62240  
2022 Proposed Rule  
(7/7/2021) CMS-1747-P 86 FR 35874 Comments: Regulations.gov CMS-2021-0112  
2021 Final Rule  
(11/4/2020) CMS-1730-F  
85 FR 70298   2021 Proposed Rule  
(6/30/2020) CMS-1730-P 
85 FR 39408 Corrections: 85 FR 43805 (7/20/2020) Comments: Regulations.gov CMS-2020-0077   2020 Final Rule  
CRS-12 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
(11/8/2019) CMS-1711-FC 
84 FR 60478   2020 Proposed Rule  
(7/18/2019) CMS-1711-P 
84 FR 34598 Comments: Regulations.gov CMS-2019-0100 
End-Stage Renal Disease 
July 
November 
42 USC §1395rr: End stage renal 
42 CFR §413.196 Notification of changes in 
2023 Final Rule 
Prospective Payment 
disease program 
rate-setting methodologies and payment rates. 
(11/7/2022) CMS-1768-F 
System 
  
“(b) Changes in payment rates resulting from 
87 FR 67136 
  
Note: Specific timelines for 
incorporation of updated cost data or general 
 
End Stage Renal Disease 
rulemaking and comments for 
revisions of geographic labor cost adjustment 
Prospective Payment 
ESRD PPS are not addressed in 
factors are announced by notice published in 
2023 Proposed Rule 
System (ESRD PPS) 
statute.  
the Federal Register without opportunity for 
(6/28/2022) CMS-1768-P 
prior comment. Revisions of the rate-setting 
87 FR 38464 
methodology are published in the Federal Register in accordance with the Department’s 
Comments: Regulations.gov 
established rulemaking procedures." 
CMS-2022-0110  
2022 Final Rule 
(11/8/2021) CMS-1749-F 86 FR 61874 Corrections: 86 FR 70982 (12/14/2021)  
2022 Proposed Rule  
(7/9/2021) CMS-1749-P 86 FR 36322 
CRS-13 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Comments: Regulations.gov CMS-2021-0114  
2021 Final Rule 
(11/9/2020) CMS-1732-F  85 FR 71398   2021 Proposed Rule 
(7/13/2020) CMS-1732-P  85 FR 42132 Comments: Regulations.gov CMS-2020-0079   2020 Final Rule 
(11/8/2019) CMS-1713-F 
84 FR 60648   2020 Proposed Rule (8/6/2019) CMS-1713-P 84 FR 38330 Comments: Regulations.gov CMS-2019-0110 
Hospice Wage Index and 
April-May 
August 
42 USC §1395f: Conditions of 
42 CFR §418.306 Annual update of the 
2024 Proposed Rule 
Payment Rate 
and limitations on payment for 
payment rates and adjustment for area wage 
(4/4/2023) CMS-1787-P 
  
services 
differences. 
88 FR 20022 
Hospice Wage Index and 
(i) Payment for hospice care 
“(b) Annual update of the payment rates. The 
Comments: Regulations.gov 
Payment Rate 
  
payment rates for routine home care and other services included in hospice care are the 
CMS-2023-0051 
Note: Specific timelines for 
payment rates in effect under this paragraph 
 
rulemaking and comments for 
during the previous fiscal year increased by the 
CRS-14 
 link to page 19  link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
hospice payment rates are not 
hospice payment update percentage increase 
2023 Final Rule 
addressed in statute.  
(as defined in sections1814(i)(1)(C) of the Act), 
(7/29/2022) CMS-1773-F 
applicable to discharges occurring in the fiscal year."b 
87 FR 45669  
2023 Proposed Rule 
(4/4/2022) CMS-1773-P 87 FR 19442 Comments: Regulations.gov CMS-2022-0060  
2022 Final Rule 
(8/4/2021) CMS-1754-F 86 FR 42528  
2022 Proposed Rule  
(4/14/2021) CMS-1754-P 86 FR 19700 Comments: Regulations.gov  CMS-2021-0061   2021 Final Rule 
(8/4/2020) CMS-1733-F  85 FR 47070   2021 Proposed Rule  
(4/15/2020) CMS-1733-P 85 FR 20949 
CRS-15 
 link to page 19  
 
Typically Issued 
Requirements: Timeline and Public Comment 
 
Rule Name and 
Proposed 
Most Recently 
Payment System(s)a 
Rule 
Final Rule 
Statutory  
Regulatory  
Issued Rule(s) 
Comments: Regulations.gov CMS-2020-0037   2020 Final Rule 
(8/6/2019) CMS-1714-F 84 FR 38484  2020 Proposed Rule  
(4/25/2019) CMS-1714-P 84 FR 17570 Comments: Regulations.gov CMS-2019-0068 
Source: Compiled by the Congressional Research Service (CRS). Notes: Table compiled using Centers for Medicare & Medicaid Services (CMS) websites, Federal Register, and Regulations.gov. In some cases, although multiple payment systems are covered by one rule, they are combined here in one row but listed separately. Typical months when proposed and final rules are issued can vary, and the months we list are based on CRS analysis of Federal Register publication dates from the past 10 years. Additionally, corrections are sometimes issued after the final rule. a.  Some Medicare FFS payment systems are not updated through notice and comment or on an annual basis, but only periodically. These include Clinical Laboratory 
Fee Schedule, Shared Savings Program, and Ambulance Fee Schedule. Please see the embedded CMS links for more information, including the most recent rules.  
b.  At times, regulations reference the Social Security Act rather than the U.S. Code citation. The Social Security Administration provides a cross-reference table at 
https://www.ssa.gov/OP_Home/comp2/G-APP-H.html.  
CRS-16 
Finding Medicare Fee-For-Service (FFS) Payment System Rules 
 
 
 
Author Information 
 Michele L. Malloy 
   
Research Librarian     
 
Acknowledgments 
CRS Analysts Jim Hahn, Marco Villagrana, and Phoenix Voorhies aided in the compilation and review of the statutory and regulatory requirements of selected payment system rules. 
 
Disclaimer 
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. 
 
Congressional Research Service  
R46797 · VERSION 11 · UPDATED 
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