Day 61 and Still No Solicitation for Proposed Sanctions

Medicare Set-Aside Blog on March 12, 2013 | Posted by


So when Congress mandates, and the president signs into law, that the Secretary of Health and Human Services publish a notice soliciting proposals for reporting sanctions “no later than 60 days after the date of enactment” of the controlling law and the Secretary fails to do so, what happens??? Are we free to write our own rules without her or is she just subject to a time out? When I went back to reread section 203 of the IVIG amended version of the SMART Act, I clearly see the use of word “shall” in conjunction with the solicitation requirement and given how important it was to take the same word out of the original statute, I certainly believe there is no discretion in its meaning. Therefore, where is our solicitation? The law was signed by President Obama on January 10, 2013 so no matter how you count the days, we are outside of day 60. This certainly doesn’t bode well for CMS moving forward with the ANPRM from last summer now does it???