The notice of proposed rulemaking (NPRM) provided that states were required to pay the lesser

Under Medicare and Medicaid principles, payment is to be made at the lower of provider charges or the rate, which in this case is the applicable Medicare rate. This language was inadvertently omitted from the final rule. The Center for Medicare & Medicaid Services (CMS) is processing a technical correction to the regulatory text at 42 CFR 447.405 to restore this language.

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• This FAQ was released as part of a larger set. View the full set. (PDF, 50.64 KB)