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Maintenance of Effort (MOE) Questions and Answers 11 001

Guidance for : This letter and the accompanying Questions and Answers (Q&As) are part of a series that provide guidance on the �maintenance of effort� (MOE) provisions in the Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010; P.L. 111-152 (together known as the Affordable Care Act). In this letter and the enclosed Q&As, we address the Affordable Care Act MOE provisions for Medicaid and the Children�s Health Insurance Program (CHIP) generally, and specifically answer questions related to their application to the nonapplication of the MOE provision for certain adult populations in States with a budget deficit, section 1115 waivers and demonstration projects, and the treatment of premiums.

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Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: February 25, 2011

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.