In light of the district court’s decision in Stewart v. Azar, No. 18-152 (D.D.C. June 29, 2018), we are inviting additional comments on Kentucky’s demonstration project “Kentucky Helping to Engage and Achieve Long Term Health (KY HEALTH)” and its component parts, including the Kentucky HEALTH program. Although an additional public comment period is not legally required, CMS is conducting one to ensure that interested stakeholders have an opportunity to comment on the issues raised in the litigation and in the court’s decision. CMS is opening the 30-day federal public comment period on (1) Kentucky’s original demonstration proposal from August 24, 2016, (2) Kentucky’s revised proposal from July 3, 2017, and (3) the special terms and conditions (STCs) that CMS approved on January 12, 2018. The federal public comment period will be open from July 19, 2018 through August 18, 2018.
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