Hold Harmless Agreements

CMS has announced that it will begin collecting data on whether providers participate in “hold harmless” agreements. These agreements are typically used to determine that a provider does not participate in any hold harmless arrangement for any healthcare-related tax. This notice of collection appears to ignore the timelines established in the May 10, 2024, final rule “Medicaid Program; Medicaid and Children’s Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality” (“Managed Care Rule”) which imposes provider attestation rules effective “no later than the first rating period [… ] beginning on or after January 1, 2028.”

The notice of collection of information does not provide details about the timing of the collection, or how state Medicaid agencies would fulfill the requirements of the collection. Though the notice of collection of information does not violate the implementation timelines established by the Managed Care Rule, there are concerns that the Administration intends to speed up its enforcement timeline. AHPA will provide more information when it becomes available.