Summary of CMS Proposed Rule (CMS-2452-P): Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes

CMS Special Coverage
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CMS released the proposed rule “Medicaid Program; Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes” (CMS-2452-P) on July 21, 2026, proposing to replace the current 6% indirect hold harmless threshold with state-specific thresholds based on tax structures enacted and imposed as of July 4, 2025.

The proposal would:

  • Formally implement section 71115 of H.R.1, referred to as the Working Families Tax Cut legislation
  • Establish a phasedown for expansion states beginning in Federal Fiscal Year 2028
  • Discontinue the 75/75 test
  • Add “services of health insurers” as a new permissible tax class that is subject to comply with HR1 restrictions
  • Create new one-time and ongoing reporting requirements

The CMS Office of the Actuary estimates that the proposed rule, if finalized, will reduce Federal expenditures by $246B over a 10-year period. The CBO originally estimated that the provider tax provisions in H.R. 1 would reduce Federal deficits by $183B.

CMS is accepting public comments on the proposed rule through September 21, 2026.

Sellers Dorsey summarized the proposed rule, including its key provisions and implications for states and providers.

 

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