Note: this should not be taken as tax or legal advice.
Today, the Centers for Medicare & Medicaid Service (CMS) issued a memo addressing many of the questions and concerns that were raised by states during the comment process regarding the implementation of health insurance exchanges.
For example, the memo clarifies that:
- States will not be required to give up control of Medicaid eligibility determination to the federal government; and
- States can defer to the federal government to implement functions of the Exchange that are required under law, but do not fit within the traditional or proper role of the state government, such as enforcing federal tax code provisions.