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Rescinding SMD # 16-005 Clarifying "Free Choice of Provider"� Requirement

Guidance for : On April 19, 2016, the Center for Medicaid and CHIP Services (CMCS) and the Center for Program Integrity (CPI) issued a State Medicaid Director Letter that provided guidance to state Medicaid agencies on compliance with Section 1902(a)(23) of the Social Security Act (the �any willing provider� or �free choice of provider� provision). We are concerned that the 2016 Letter raises legal issues under the Administrative Procedure Act, and limited states� flexibility with regard to establishing reasonable Medicaid provider qualification standards.

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

Issue Date: January 19, 2018

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