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GAO-23-105577: Payment Integrity: Additional Coordination Is Needed for Assessing Risks in the Improper Payment Estimation Process for Advance Premium Tax Credits

Summary

GAO report GAO-23-105577, "Payment Integrity: Additional Coordination Is Needed for Assessing Risks in the Improper Payment Estimation Process for Advance Premium Tax Credits," a report to congressional requesters dated March 2023. It states that for fiscal year 2022 the Department of Health and Human Services reported an estimated $256 million in improper payments for the federally facilitated marketplace. GAO found that all five selected state-based marketplaces exercised certain flexibilities in verifying eligibility for advance premium tax credits, but that the Centers for Medicare & Medicaid Services did not coordinate with the states to assess the risk of improper eligibility determinations. The report also examines whether CMS developed a reliable methodology to estimate improper payments in the program.

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“GAO-23-105577: Payment Integrity: Additional Coordination Is Needed for Assessing Risks in the Improper Payment Estimation Process for Advance Premium Tax Credits.” Original at www.gao.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gao-23-105577-payment-integrity-additional-coordination-is-needed-for-8052a995de/, SHA-256 4028fed6cfee75d11291775c887235931e496a3e174d74f4fe070a8ffe867160.

Full text

                United States Government Accountability Office
                Report to Congressional Requesters




                PAYMENT
March 2023




                INTEGRITY

                Additional
                Coordination Is
                Needed for Assessing
                Risks in the Improper
                Payment Estimation
                Process for Advance
                Premium Tax Credits




GAO-23-105577
                                              March 2023

                                              PAYMENT INTEGRITY
                                              Additional Coordination Is Needed for Assessing
                                              Risks in the Improper Payment Estimation Process
Highlights of GAO-23-105577, a report to
                                              for Advance Premium Tax Credits
congressional requesters




Why GAO Did This Study                        What GAO Found
To help taxpayers cover the cost of           Control activities for preventing improper advance premium tax credit eligibility
health insurance premiums, PPACA              determinations varied among the selected state-based marketplaces. Selected
provides advance premium tax credits          states verified most key eligibility criteria for enrollment in the program using the
for individuals who meet certain              Centers for Medicare & Medicaid Services’ (CMS) Federal Data Services Hub.
eligibility requirements. For fiscal year     The Patient Protection and Affordable Care Act (PPACA) and CMS’s regulations
2022, the Department of Health and            grant marketplaces flexibilities in the eligibility verification process. GAO found
Human Services (HHS) reported an              that all five selected states exercised certain flexibilities in their eligibility-
estimated $256 million in improper            verification processes, as detailed in the table below. However, CMS did not
payments for the federally facilitated
                                              coordinate with the states to conduct a risk assessment to evaluate the likelihood
marketplace.
                                              of improper eligibility determinations when exercising these flexibilities. As such,
GAO was asked to review advance               states were not aware of residual risks—risks that remain after existing control
premium tax credit payment integrity          activities have mitigated inherent risks—or whether additional risk-mitigation
efforts. This report examines (1) key         strategies were needed. Until CMS coordinates with the states to identify any
control activities selected states and        residual risks, neither CMS nor the states will know if additional guidance or other
CMS implemented to prevent providing          actions are needed to mitigate these potential residual risks.
advance premium tax credits to
ineligible individuals through the state-     State-Based Marketplaces’ Key Control Activities for Verifying Eligibility Requirements for the
based marketplaces and (2) the extent         Advance Premium Tax Credit beyond Self-Attestation
to which CMS developed a reliable              Key control activities beyond                                            New
methodology to estimate improper               self-attestation              California     Colorado      Nevada      Jersey    Pennsylvania
                                               Verifying identity on mail
payments in the program.
                                               applications                      N              Y           Y            Y           Y
GAO analyzed policies and procedures           Verifying residency                              N                 N         N         N            N
for determining eligibility in plan year       Identifying duplicate coverage
2022 from CMS, and selected states to          through nonfederal employer-
                                               sponsored insurance                              N                 N         N         N            N
include those with the highest average
                                               Identifying duplicate coverage
monthly payment amounts and those              through Medicaid in other
with new and more established                  states                                           N                 N         N         N            N
marketplaces (California, Colorado,
                                              Legend: N = Did not perform additional verifications; Y = Performed additional verifications
Nevada, New Jersey, and
                                              Source: GAO analysis of the selected state’s information. | GAO-23-105577
Pennsylvania). GAO also reviewed
CMS’s improper payment estimation
methodology for the advance premium           Although CMS has developed a reliable methodology to estimate improper
tax credit for fiscal year 2022.              advance premium tax credit payments, it was limited to the 33 states that use the
                                              federally facilitated marketplace and did not consider the 18 states that operate
What GAO Recommends                           their own. CMS has a process to engage with the states on the best way to
GAO is making two recommendations             incorporate them into the improper payment measurement program and on the
to CMS to coordinate with the states to       related requirements. However, CMS’s process does not consider residual risks
assess residual risks when estimating         in the state-based marketplaces’ processes for verifying and determining
improper payments, and to determine if        eligibility. Without additional coordination with these marketplaces that includes
additional guidance or actions are            assessing and identifying any residual risks to which they may be vulnerable,
needed. HHS disagreed with GAO’s              CMS’s process for estimating improper payments may not reflect significant
recommendations. GAO continues to             program risks. As such, the resulting improper payment estimate may be
believe the recommendations are valid,        incomplete and provide a less useful basis for developing effective corrective
as discussed in the report.                   action plans.
View GAO-23-105577. For more information,
contact Hannah Padilla at (202) 512-5683 or
padillah@gao.gov.


                                                                                                             United States Government Accountability Office
Contents


Letter                                                                                         1
               Background                                                                     4
               Selected States’ Control Activities Related to Preventing Ineligible
                 APTC Vary Due to Flexibility in CMS’s Regulations                            9
               CMS Has Not Developed a Comprehensive Methodology for
                 Estimating Improper APTC Payments, Identifying Root Causes,
                 and Developing Corrective Actions                                           19
               Conclusions                                                                   23
               Recommendations for Executive Action                                          23
               Agency Comments and Our Evaluation                                            23

Appendix I     Objectives, Scope, and Methodology                                            27



Appendix II    Comments from the Department of Health and Human Services                     31



Appendix III   GAO Contact and Staff Acknowledgments                                         36


Table
               Table 1: State-Based Marketplaces’ Key Control Activities for
                       Verifying Eligibility Requirements for the Advance
                       Premium Tax Credit beyond Self-Attestation                            12

Figures
               Figure 1: Eligibility Requirements for the Advance Premium Tax
                        Credit                                                                5
               Figure 2: Roles and Responsibilities for Operating the Advance
                        Premium Tax Credit (APTC) in State-Based
                        Marketplaces                                                          6
               Figure 3: Key Advance Premium Tax Credit (APTC) Eligibility
                        Information Available in the Federal Data Services Hub
                        (Hub)                                                                10




               Page i                  GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Abbreviations

APTC              advance premium tax credit
CHIP              Children’s Health Insurance Program
CMS               Centers for Medicare & Medicaid Services
FFM               federally facilitated marketplace
FTI               Federal Tax Information
Hub               Federal Data Services Hub
HHS               Department of Health and Human Services
IRS               Internal Revenue Service
OMB               Office of Management and Budget
PIIA              Payment Integrity Information Act of 2019
PPACA             Patient Protection and Affordable Care Act
QLE               qualifying life event
ROP               reasonable opportunity period
SBM               state-based marketplace


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Page ii                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                       Letter




441 G St. N.W.
Washington, DC 20548




                       March 9, 2023

                       The Honorable Mike Crapo
                       Ranking Member
                       Committee on Finance
                       United States Senate

                       The Honorable Jason Smith
                       Chair
                       Committee on Ways and Means
                       House of Representatives

                       In the United States, one option for purchasing health-insurance plans is
                       through marketplaces. To help individuals and their dependents pay the
                       premiums for these plans, the Patient Protection and Affordable Care Act
                       (PPACA) provides a premium tax credit to individuals who meet certain
                       income and other eligibility requirements. 1 Individuals may have the
                       federal government pay this credit to their health insurance issuers in
                       advance on their behalf, known as advance premium tax credits (APTC),
                       which lowers their monthly premium payments. 2

                       Under PPACA, states may elect to operate their own state-based
                       marketplace (SBM), or to use the federally facilitated marketplace (FFM)
                       that the Department of Health and Human Services (HHS) operates. 3
                       These marketplaces help individuals compare and choose among
                       insurance plans that participating private health care coverage issuers,
                       such as health insurance companies, offer. The Centers for Medicare &
                       Medicaid Services (CMS) within HHS is responsible for overseeing the
                       establishment of these SBMs and maintaining the FFM.

                       For fiscal year 2021, HHS reported outlays of APTCs, of approximately
                       $57.7 billion, for the FFM and SBMs, representing a significant financial
                       1Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010), as amended by the Health Care and
                       Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat 1029 (Mar. 30, 2010).
                       In this report, references to the Patient Protection and Affordable Care Act include any
                       amendments made by the Health Care and Education Reconciliation Act.
                       2We use “issuer” when referring to an insurance entity that a state has certified and
                       licensed to engage in the business of insurance in that state.
                       3For plan years beginning January 2022, 18 states were operating an SBM and 33 were
                       using the FFM.




                       Page 1                       GAO-23-105577 Advance Premium Tax Credit Payment Integrity
commitment for the federal government and risk for improper payments.
Although HHS assessed its APTC program as susceptible to significant
improper payments, 4 both the HHS Office of Inspector General and GAO
have previously reported that CMS has not met specific requirements for
assessing, estimating, and reporting on improper payments related to the
program. 5

We previously reviewed CMS’s key control activities related to preventing
and detecting improper APTC payments in the FFM. 6 Based on that
review, we made several recommendations that addressed improving
control activities related to eligibility determinations and calculations of
APTCs. We focused that report and its related recommendations on the
FFM, not SBMs.

You asked us to review issues related to APTC payment integrity efforts.
This report examines (1) what key control activities, if any, selected states
and CMS designed and implemented to prevent providing APTCs to
ineligible individuals through the SBMs and (2) the extent to which CMS
has developed a reliable methodology to estimate improper APTC
payments, identify their root causes, and develop corrective actions.

To address our first objective, we selected five states (see below for
selection methodology) for review. We examined PPACA and its
implementing regulations, examined relevant federal internal control
standards 7 and leading practices for managing fraud risks in federal



4Although APTC is one of many payment streams within CMS’s overall administration of
the health insurance marketplaces, HHS has assessed it as an independent program for
purposes of improper payment estimation and reporting. As such, we refer to APTC as a
program in this report.
5GAO, Improper Payments: Improvements Needed in CMS and IRS Controls over Health
Insurance Premium Tax Credit, GAO-17-467 (Washington, D.C.: July 13, 2017); GAO,
Financial Audit: FY 2021 and FY 2020 Consolidated Financial Statements of the U.S.
Government, GAO-22-105122 (Washington, D.C.: Feb. 17, 2022); and Department of
Health and Human Services, Office of Inspector General, Department of Health and
Human Services Met Many Requirements, but It Did Not Fully Comply With the Payment
Integrity Information Act of 2019 and Applicable Improper Payment Guidance for Fiscal
Year 2021, A-17-22-52000 (Washington, D.C.: May 2022).
6GAO-17-467.

7GAO, Standards for Internal Control in the Federal Government, GAO-14-704G
(Washington, D.C.: September 2014).




Page 2                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
programs, 8 and identified key risks for which states and CMS may need
control activities. We focused on key control activities related to selected
states’ SBMs for plan year 2022. We evaluated CMS’s and selected
states’ policies, procedures, and other relevant documents, such as
interagency agreements and standard operating procedures.

We analyzed the extent to which these documents aligned with relevant
principles in Standards for Internal Control in the Federal Government 9
and leading practices in the Fraud Risk Framework. 10 Specifically, we
assessed the extent to which these documents aligned with the principles
related to assessing risks, designing control activities, and providing
effective information and communication. 11 The relevant leading practices
from the Fraud Risk Framework relate to identifying and assessing fraud
risks and designing and implementing specific control activities to prevent
and detect fraud. 12 We compared the key risks with the control activities
we identified to evaluate whether CMS and the selected states’ design of
key controls sufficiently addressed each key risk area.

For our review, we selected a nongeneralizable sample of five states from
the 15 that were operating an SBM in plan year 2021. To make our
selection, we considered several factors, including average monthly
APTC payments, marketplace longevity, and which insurance providers
offered plans throughout each state. Based on those considerations, we
selected California, Colorado, Nevada, New Jersey, and Pennsylvania,
which collectively covered approximately 72 percent of approximately 2.9
million APTC consumers enrolled in SBMs for the 2021 annual open-
enrollment period.

To address our second objective, we reviewed federal laws, including the
Payment Integrity Information Act of 2019 (PIIA), and Office of

8GAO, A Framework for Managing Fraud Risks in Federal Programs, GAO-15-593SP
(Washington, D.C.: July 2015). This benchmark is commonly known as the Fraud Risk
Framework.
9GAO-14-704G.

10GAO-15-593SP.

11See app. I for a full list of principles, as outlined in Standards for Internal Control in the
Federal Government, reviewed as part of this work.
12We selected the leading practices from the Fraud Risk Framework that are most
relevant to this objective based on a review of selected states’ and CMS’s documents and
discussions with selected state officials responsible for making APTC eligibility
determinations.




Page 3                         GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                       Management and Budget (OMB) guidance to identify key criteria
                       agencies must meet when addressing improper payments, including
                       developing estimation methodologies, identifying root causes, and
                       developing corrective action plans. We compared these requirements
                       with CMS’s Exchange Improper Payment Measurement Sampling and
                       Estimation Methodology Plan to determine if CMS had developed a
                       reliable estimation methodology and appropriately executed it. Appendix I
                       provides additional details on our scope and methodology.

                       We conducted this performance audit from November 2021 to March
                       2023 in accordance with generally accepted government auditing
                       standards. Those standards require that we plan and perform the audit to
                       obtain sufficient, appropriate evidence to provide a reasonable basis for
                       our findings and conclusion based on our audit objectives. We believe
                       that the evidence obtained provides a reasonable basis for our findings
                       and conclusions based on our audit objectives.

                       Under PPACA, qualified individuals may use health care marketplaces to
Background             enroll in qualified health plans and apply for financial assistance to offset
                       the costs of their coverage, including APTCs. Marketplaces determine the
                       amount of APTC for which individuals are eligible based on projected
                       family size and estimated household income for the year of coverage.
                       Those who choose to have some or all of the premium tax credit paid to
                       issuers on their behalf must reconcile the amount of the APTC with the
                       actual premium tax credit for which they are eligible on their income tax
                       returns for the year of coverage. Individuals whose premium tax credit is
                       more than their APTC for the year of coverage may claim this amount on
                       their tax return as a refundable tax credit that reduces their income tax
                       liability and results in a refund to the extent it is more than their tax
                       liability.

APTC Eligibility and   To be eligible for APTCs, individuals must meet certain criteria, as shown
Qualifications         in figure 1. Additionally, according to CMS guidance, before submitting an
                       online or phone application, an applicant must complete identity
                       proofing. 13



                       13For online applications, marketplaces (including the FFM and SBMs) employ a process
                       known as remote identity proofing to verify an individual’s identity. The verification
                       performed uses personal and financial history on file with a contracted credit-reporting
                       agency. The marketplaces’ online application process generates questions for individuals
                       initiating an online application, based on information on file with the contractor, that only
                       each individual is believed to likely know.




                       Page 4                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                         Figure 1: Eligibility Requirements for the Advance Premium Tax Credit




                         a
                          In order to apply and qualify for the APTC, an individual must first be enrolled in a qualified health
                         plan offered through the individual’s respective marketplace. The eligibility requirements shown above
                         only reflect those that pertain to an individual applying during the open enrollment period, as there
                         may be additional requirements during special enrollment periods.
                         b
                             An incarcerated individual who is awaiting disposition of charges is eligible for a qualified health plan.
                         c
                          Tax return reconciliation is completed for the household of the individual receiving advance
                         payments toward insurance premiums. In response to the COVID-19 pandemic, CMS released
                         guidance in July 2021 that granted flexibilities to the marketplaces’ processes for individuals who
                         failed to file tax returns and reconcile a previous year’s APTC, as CMS’s regulations generally
                         require. This guidance allows marketplaces to opt out of actions taken to terminate an individual’s
                         APTC due to filing status.


Responsibilities for     CMS, the Internal Revenue Service (IRS), and the marketplaces
Administering APTCs in   themselves each have responsibilities in administering APTCs in SBMs.
                         As previously discussed, CMS is responsible for overseeing the
SBMs
                         establishment of SBMs. States that elect to operate an SBM must apply
                         to CMS for approval. CMS will grant conditional approval contingent on a
                         state demonstrating its ability to perform all required SBM activities—
                         including to confirm that APTC recipients are meeting a variety of
                         eligibility requirements—and ongoing compliance with future guidance
                         and regulations.

                         In order to qualify for the APTC, individuals must enroll in a qualified
                         health plan a marketplace offers. 14 The law requires marketplaces to
                         verify certain application information to determine applicant eligibility for
                         enrollment and, if applicable, the APTC. A key factor in administering the
                         credit effectively and efficiently is enrollment-control activities, which
                         reasonably assure that only qualified individuals receive the premium tax
                         credit and any advance payments toward their insurance premiums. As
                         such, PPACA requires that certain applicant-submitted information

                         14According to CMS, individuals can apply for APTC as part of the qualified health plan
                         enrollment process.




                         Page 5                               GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                                        undergoes verification through either an electronic verification system or
                                        another CMS-approved method.

                                        SBMs generate a data-matching issue when there is an inconsistency
                                        between applicant-submitted information and information reported from
                                        trusted data sources. In order to resolve the data-matching issue, an SBM
                                        grants an applicant temporary eligibility based on the applicant’s self-
                                        attestation, and asks the applicant to provide additional information or
                                        documentation to support it within a reasonable opportunity period (ROP).
                                        Under certain circumstances, when an applicant is unable to provide
                                        supporting documentation necessary to resolve the data-matching issue
                                        within the ROP provided, an SBM may redetermine or terminate the
                                        APTC and health plan coverage.

                                        IRS is responsible for ensuring that individuals for whom the APTCs are
                                        paid comply with their tax-filing requirements, including reconciling their
                                        APTCs with their allowed premium tax credit on their tax returns for the
                                        year of coverage. (See fig. 2 for a summary of roles and responsibilities.)

Figure 2: Roles and Responsibilities for Operating the Advance Premium Tax Credit (APTC) in State-Based Marketplaces




Key Requirements and                    PIIA defines an improper payment as any payment that should not have
Guidance on Agency                      been made or that was made in an incorrect amount (including
                                        overpayments and underpayments) under statutory, contractual,
Payment Integrity Efforts
                                        administrative, or other legally applicable requirements. This includes any
                                        payment to an ineligible recipient, any payment for an ineligible good or



                                        Page 6                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                             service, any duplicate payment, any payment for a good or service not
                             received (except for such payments where authorized by law), and any
                             payment that does not account for credit for applicable discounts. 15
                             Further, PIIA requires agencies to treat any payments for which they find
                             insufficient or no documentation as improper in the risk assessment and
                             estimation process.

                             Among other things, PIIA also requires federal executive agencies to (1)
                             estimate the annual amount of improper payments for those programs
                             and activities identified as susceptible to significant improper payments,
                             (2) implement actions to reduce improper payments and set reduction
                             targets with respect to the risk susceptible programs and activities, and
                             (3) report on the results of addressing the requirements. 16

                             PIIA and OMB guidance together provide the specific requirements for
                             assessing, estimating, and reporting on improper payments. PIIA requires
                             each executive agency to produce a statistically valid estimate, or an
                             estimate whose methodology OMB has approved, of improper payments
                             made under any program identified as susceptible to significant improper
                             payments. In addition, agencies must describe the causes of improper
                             payments they identify, actions they have planned or taken to correct
                             those causes, and the planned or actual completion date of their actions.

Internal Control Standards   An effective internal control system improves accountability and
and Fraud Risk               transparency, provides feedback on how effectively an entity is operating,
                             and helps reduce risks affecting the achievement of the entity’s
Management
                             objectives. Standards for Internal Control in the Federal Government
                             provides managers with criteria for designing, implementing, and
                             operating an effective internal control system. 17 Components and
                             principles define these standards and explain why they are integral to an
                             entity’s internal control system. Management’s ongoing monitoring of the
                             internal control system is essential in helping internal control remain



                             1531 U.S.C. § 3351(4).

                             16PIIA defines significant improper payments as the sum of a program’s improper
                             payments and payments whose propriety cannot be determined due to lacking or
                             insufficient documentation that may have exceeded either $10,000,000 and 1.5 percent of
                             program outlays; or $100,000,000.
                             17GAO-14-704G.




                             Page 7                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
aligned with changing objectives, environments, laws, resources, and
risks.

The Fraud Risk Framework provides a comprehensive set of leading
practices for agency managers to develop or enhance existing efforts to
combat fraud in a strategic, risk-based manner. 18 The Fraud Risk
Framework helps federal program managers, along with their
stakeholders, meet their responsibilities for assessing and managing
fraud risks, as federal internal control standards require. In its Circular A-
123 guidelines, OMB has directed agencies to adhere to the Fraud Risk
Framework’s leading practices as part of their efforts to effectively design,
implement, and operate an internal control system that addresses fraud
risks. 19 The Fraud Reduction and Data Analytics Act of 2015, and its
successor provisions in PIIA, require OMB and agencies to incorporate
the Fraud Risk Framework’s leading practices into their guidelines and
controls, respectively. 20




18GAO-15-593SP.

19Office of Management and Budget, Management’s Responsibility for Enterprise Risk
Management and Internal Control, OMB Circular A-123 (Washington, D.C.: July 15, 2016).
20The Fraud Reduction and Data Analytics Act of 2015 (FRDAA), enacted in June 2016,
required OMB to establish guidelines for federal agencies to create controls to identify and
assess fraud risks and to design and implement antifraud control activities. Pub. L. No.
114-186, 130 Stat. 546 (2016). The act further required OMB to incorporate the leading
practices from the Fraud Risk Framework into the guidelines. Although Congress repealed
FRDAA in March 2020, PIIA requires these guidelines to remain in effect, subject to
modification by OMB as necessary and in consultation with GAO. See 31 U.S.C. § 3357.




Page 8                       GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Selected States’
Control Activities
Related to Preventing
Ineligible APTC Vary
Due to Flexibility in
CMS’s Regulations
Selected States Used the   In order to verify certain key eligibility criteria, all five selected states we
Federal Data Services      reviewed used their respective Medicaid state agencies and the Federal
                           Data Services Hub (Hub), which CMS developed. CMS made the Hub
Hub and Medicaid State
                           available to all marketplaces, both the FFM and SBMs, so that they may
Agencies to Verify Most    perform required eligibility verifications in an automated manner. 21
Eligibility Criteria       Marketplaces send applicant data to the Hub, which verifies individuals’
                           data against information in existing secure and trusted federal and state
                           databases. To prevent unauthorized individuals from creating
                           marketplace accounts using identities other than their own, the Hub also
                           uses a remote identity-proofing service. As shown in figure 3, most key
                           eligibility information is available through trusted data sources partnered
                           with the Hub.




                           2142 U.S.C. § 18081; 45 C.F.R. §§ 155.315, 155.320.




                           Page 9                     GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Figure 3: Key Advance Premium Tax Credit (APTC) Eligibility Information Available in the Federal Data Services Hub (Hub)




                                         a
                                          Although the Hub provides information on certain government-sponsored programs, marketplaces
                                         must coordinate with their respective Medicaid state agencies to verify whether individuals have been
                                         determined eligible for Medicaid or Children’s Health Insurance Program coverage within the state
                                         where the marketplace operates.
                                         b
                                          In response to the COVID-19 pandemic, CMS released guidance in July 2021 that granted
                                         flexibilities to the marketplaces’ processes for individuals who failed to file tax returns and reconcile a
                                         previous year’s APTC, as CMS’s regulations generally require. This guidance allows marketplaces to
                                         opt out of actions taken to terminate an individual’s APTC due to filing status.


                                         Selected states generally used Hub services to verify an applicant’s
                                         identity for online and phone applications, citizenship or lawful presence,
                                         and incarceration status; to check for duplicate government-sponsored
                                         coverage through TRICARE, the Veterans Health Administration, the
                                         Peace Corps, Medicare, 22 or federal employers; and to verify that
                                         individuals meet income requirements and are in compliance with




                                         22TRICARE is the Defense Health Agency’s regionally structured health care program for
                                         eligible military members and their dependents. The Veterans Health Administration
                                         operates the Department of Veterans Affairs health care system. The Peace Corps
                                         provides health benefits to individuals who perform work overseas on behalf of the federal
                                         government. Medicare is the federally financed health insurance program for people aged
                                         65 or older, certain individuals with disabilities, and individuals with end-stage renal
                                         disease.




                                         Page 10                           GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                               applicable tax-filing requirements. 23 All five selected states coordinated
                               directly with their respective Medicaid state agencies to determine if an
                               individual was receiving or was eligible for coverage through Medicaid or
                               Children’s Health Insurance Program (CHIP). 24

Flexibilities in Eligibility   In an effort to minimize administrative costs and burdens on marketplaces
Verification Requirements      and applicants, PPACA and CMS’s regulations grant marketplaces
                               flexibilities in the verification process for certain eligibility criteria, such as
Led to Differing
                               allowing SBMs to accept self-attestation or opt to perform additional
Verification Processes         levels of verification, based on the state’s discretion. According to CMS
among Selected States          officials, this is in part due to whether reliable data sources are available
                               that would allow a marketplace to conduct additional levels of verification.
                               Additionally, SBMs may propose alternative methods to CMS for meeting
                               the eligibility verification requirements. 25 CMS has the authority to
                               determine whether alternative methods that SBMs propose are allowable
                               based on criteria described in CMS’s regulations. 26 We found that all five
                               selected states exercised certain flexibilities in their eligibility-verification
                               processes. However, none of the selected states conducted risk
                               assessments to evaluate the likelihood of improper APTC eligibility
                               determinations by exercising these flexibilities. As such, states were not
                               aware of any residual risks or whether additional risk-mitigation strategies
                               were needed. 27

                               According to federal internal control standards, management should
                               identify, analyze, and respond to risks related to achieving the defined
                               objectives. As part of these efforts, management conducts a risk
                               assessment to identify risks throughout the entity to provide a basis for
                               designing risk responses. According to the Fraud Risk Framework, it is a

                               23Colorado did not use the Hub’s service to check for duplicate federal employer-
                               sponsored coverage. However, it is coordinating with CMS to determine an appropriate
                               verification process for this criterion. Although New Jersey received incarceration data via
                               the Hub, New Jersey did not generate an inconsistency if the information did not match an
                               applicant’s attestation.
                               24Medicaid is a joint federal-state program that finances health care coverage for low-
                               income and medically needy individuals. CHIP finances health care coverage for children
                               whose household incomes are too high for Medicaid eligibility but may be too low for their
                               families to afford private coverage.
                               2545 C.F.R. § 155.315 and 45 C.F.R. § 155.320.

                               2645 C.F.R. § 155.315(h).

                               27Inherent risk is the risk to an entity prior to considering management’s response to the
                               risk. Residual risk is the risk that remains after management’s response to inherent risk.




                               Page 11                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                                              leading practice to plan regular fraud risk assessments and examine the
                                              suitability of existing controls and prioritize residual risks. CMS does not
                                              coordinate with the states to perform such risk assessments to identify
                                              any residual risks and determine the potential effect these flexibilities may
                                              have on preventing APTCs to ineligible individuals.

                                              According to CMS officials, states have the legal authority to use these
                                              flexibilities, as detailed below. Given the differences among SBMs, CMS
                                              believes that states must determine how to best operate within federal
                                              requirements. CMS officials said that CMS requires SBMs to conduct a
                                              defined set of oversight activities, and tracks and monitors how SBMs
                                              establish program integrity standards that comply with marketplace-
                                              related policy and operational requirements set forth in statute,
                                              regulations, and guidance. According to CMS agency officials, CMS
                                              monitors SBM compliance with program integrity standards, including any
                                              flexibilities provided, through regularly scheduled calls with SBM
                                              leadership and staff. Additionally, CMS developed annual audit and
                                              reporting requirements, which direct that SBMs attest to their compliance
                                              with federal requirements, and provide supporting documentation for
                                              certain eligibility and enrollment policies and procedures, including those
                                              related to eligibility verifications.

                                              Table 1 illustrates the key eligibility criteria we identified for which CMS
                                              provides flexibilities within the verification process, and whether selected
                                              states designed additional control activities for verifying such criteria.

Table 1: State-Based Marketplaces’ Key Control Activities for Verifying Eligibility Requirements for the Advance Premium Tax
Credit beyond Self-Attestation

Key control activities related to eligibility requirements
for the advance premium tax credit eligibility beyond
self-attestation                                                   California     Colorado    Nevada     New Jersey       Pennsylvania
Verifying eligibility criteria using the Federal Data Services         Y              Y          Y            Y                 Y
Hub (i.e., citizenship or lawful presence, incarceration status,
household income and family size, and compliance with tax
filing requirements)
Verifying identity on mail applications                                N              Y          Y            Y                 Y
Verifying residency                                                    N              N          N            N                 N
Identifying duplicate coverage through nonfederal employer-            N              N          N            N                 N
sponsored insurance
Identifying duplicate coverage through Medicaid or                     N              N          N            N                 N
Children’s Health Insurance Program (CHIP) in other states
Verifying qualifying life events                                       N              Y          Y            N                 Y




                                              Page 12                           GAO-23-105577 Advance Premium Tax Credit Payment Integrity
 Key control activities related to eligibility requirements
 for the advance premium tax credit eligibility beyond
 self-attestation                                                                 California     Colorado    Nevada     New Jersey       Pennsylvania
 Reverifying eligibility for required criteria periodically and                        Y             N          N            Y                  Y
 annually
 Reverifying all key eligibility criteria periodically and annually                    N             N          N            N                  N
 for criteria that regulations do not specifically require

Legend: N = Did not perform additional levels of verification; Y = Performed additional levels of verification
Source: GAO analysis of the selected states’ information. | GAO-23-105577



                                                                As detailed below, CMS regulations and guidance allow flexibilities
                                                                related to the eligibility-verification process.

Verifying Identity on Mail                                      According to the Fraud Risk Framework, it is a leading practice to conduct
Applications                                                    data matching to verify key information, including self-reported data and
                                                                information necessary to determine eligibility. However, CMS guidance
                                                                allows marketplaces to accept an applicant’s signature as proof of identity
                                                                on mail applications.

                                                                In our review, we found that selected states had different control activities
                                                                for verifying identities on mail applications. One selected state—
                                                                California—accepted a signature as proof of identity on mail applications.
                                                                The remaining four states opted to implement additional controls. 28
                                                                Specifically, three states—Colorado, Pennsylvania, and Nevada—entered
                                                                mailed applications into their respective online application systems and
                                                                coordinated with the applicants to complete the identity proofing. New
                                                                Jersey required applicants to provide supporting documentation (e.g., a
                                                                copy of a driver’s license) along with their mail applications. If an
                                                                applicant did not provide such documentation, New Jersey coordinated
                                                                with the applicant to complete the identity-proofing process.

                                                                Until CMS coordinates with the states to identify any residual risks related
                                                                to validating the identities of individuals who apply by mail, SBMs may not
                                                                be aware of potential vulnerabilities associated with inadvertently
                                                                enrolling ineligible individuals in qualified health plans.

Verifying Residency                                             Individuals must reside in the marketplace service area to be eligible to
                                                                enroll in a qualified marketplace health plan. 29 CMS regulations allow

                                                                28Selected states generally indicated that the number of mail applications received each
                                                                year is low.
                                                                2945 C.F.R. § 155.305(a)(3).




                                                                Page 13                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                                 marketplaces to accept an applicant’s attestation as verification of
                                 residency unless the information the applicant provides is not reasonably
                                 compatible with other information that individual has provided or with
                                 records of the marketplace or databases available to the SBM. 30 All five
                                 selected states accepted applicant attestations. Until CMS coordinates
                                 with the states to identify any residual risks related to verifying the
                                 residencies of individuals, SBMs may not be aware of potential
                                 vulnerabilities associated with enrolling ineligible individuals in qualified
                                 health plans. 31

Identifying Duplicate Coverage   Individuals eligible to receive affordable minimum essential coverage
through Nonfederal Employer-     through either federal or nonfederal employers are not eligible for
Sponsored Insurance              APTCs. 32 According to CMS regulations, marketplaces must verify
                                 whether an applicant is eligible for qualifying coverage or reasonably
                                 expects to be enrolled in an eligible nonfederal employer-sponsored plan
                                 during the plan year by using approved data sources that are available to
                                 the marketplace. If there is no data source available, marketplaces must
                                 accept the applicant’s attestation, unless it is not reasonably compatible
                                 with information that the marketplace obtained or the applicant provided. 33
                                 None of the selected states performed independent verification of
                                 applicant eligibility for duplicate coverage; 34 rather, all the selected states
                                 accepted attestations as verification that individuals were not receiving




                                 3045 C.F.R. § 155.315(d).

                                 31GAO previously recommended that CMS assess and document the feasibility and
                                 availability of obtaining sufficiently reliable data to verify individuals’ residencies. To
                                 address this recommendation, CMS completed a feasibility study and stated that the
                                 verification of individuals’ residences is not feasible. See GAO-17-467.
                                 32See 26 U.S.C. § 36B(c)(2)(B).

                                 33See 45 C.F.R. § 155.320(d).

                                 34Previously, marketplaces were required to select a statistically random sample of
                                 applicants when no electronic data sources are available to verify employer-sponsored
                                 insurance. In anticipation of finalizing an evaluation of its employer-verification study, CMS
                                 did not take enforcement action against marketplaces that did not comply with the random
                                 sampling requirements for plan years 2020 through 2022. As a result of its evaluation,
                                 CMS updated the regulations to remove the random-sampling requirements for plan years
                                 beginning in 2023. It permitted each marketplace to design a verification process for
                                 enrollment in or eligibility for an employer-sponsored insurance plan based on the
                                 marketplace’s assessment of risk for improper APTC payments.




                                 Page 14                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                                   duplicate coverage through a nonfederal employer. 35 Until CMS
                                   coordinates with the states to identify any residual risks related to
                                   identifying individuals who have minimum essential coverage from
                                   nonfederal employers, SBMs may not be aware of potential vulnerabilities
                                   associated with enrolling ineligible individuals in qualified health plans.

Identifying Duplicate Coverage     Individuals eligible to receive minimum essential coverage through a
through Medicaid or CHIP in        government-sponsored program, such as Medicaid or CHIP, are not
Other States                       eligible for APTCs. 36 CMS regulations require the state marketplaces to
                                   verify whether individuals have been determined eligible for coverage
                                   through Medicaid and CHIP within the state by using information obtained
                                   from the agencies administering such programs. 37 All five selected states
                                   assessed for enrollment or eligibility for Medicaid or CHIP within their
                                   respective states, as required, and did not assess eligibility in other
                                   states. 38 Until CMS coordinates with the states to identify any residual
                                   risks regarding detection of duplicate coverage by Medicaid and CHIP in
                                   states other than those in which individuals applied for coverage and
                                   attested to residing, SBMs may not be aware of potential vulnerabilities
                                   associated with providing APTCs to ineligible individuals.

Verifying Qualifying Life Events   Generally, individuals may only enroll in qualified health plans during the
                                   open enrollment period. However, CMS regulations require the
                                   marketplaces to provide special enrollment periods for individuals who
                                   experience a triggering qualifying life event (QLE), such as the loss of
                                   minimum essential coverage. 39 This provides an opportunity for
                                   individuals who experience certain major life changes to enroll in a
                                   qualified health plan through the marketplaces outside of the annual open

                                   35During our previous audit, CMS officials informed us that they have explored other
                                   possible data sources to identify individuals receiving minimum essential coverage
                                   through nonfederal employers, but they have been unable to identify comprehensive
                                   electronic data sources that are sufficiently current and accurate to verify this criterion.
                                   See GAO-17-467.
                                   3645 C.F.R. § 155.305(f)(1)(ii)(B).

                                   3745 C.F.R. § 155.320(b)(1)(ii).

                                   38We previously recommended that CMS assess the feasibility for the FFM to identify
                                   duplicate coverage for individuals receiving Medicaid and CHIP in FFM states outside of
                                   the states where applicants attest to residing. See GAO-17-467. CMS subsequently
                                   evaluated the feasibility of implementing its periodic data-matching process to identify
                                   these individuals and determined such expansion was not feasible.
                                   3945 C.F.R. § 155.420(d).




                                   Page 15                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                                   enrollment period. 40 CMS regulations grant marketplaces the option to
                                   verify an individual is eligible for a special enrollment period prior to
                                   processing an application, but marketplaces are not required to do so if
                                   the verification process is determined to cause undue burden on the
                                   individual. 41

                                   All five selected states allowed applicants to enroll during special
                                   enrollment periods. However, the states each had differing QLEs that
                                   required supporting documentation. For example, although Nevada
                                   generally verified all QLEs, Colorado and Pennsylvania had selected
                                   specific QLEs that required verification. 42 Additionally, California and New
                                   Jersey did not have a process to verify QLEs; however, New Jersey
                                   required applicants to sign an attestation form as support for certain
                                   QLEs. Until CMS coordinates with the states to identify any residual risks
                                   related to verifying events that trigger eligibility for enrollment during
                                   special enrollment periods, SBMs may not be aware of potential
                                   vulnerabilities associated with providing health care coverage to
                                   individuals who are not eligible to enroll outside of the annual open
                                   enrollment period.

Monitoring Continued Eligibility   CMS regulations require marketplaces to monitor continued eligibility
                                   periodically and annually. Specifically, marketplaces are required to
                                   periodically identify changes in death status, Medicare, and Medicaid or
                                   CHIP eligibility or enrollment. Marketplaces are required to perform these
                                   periodic examinations of data sources at least twice during the plan year.
                                   Additionally, each state that has implemented a fully integrated eligibility
                                   system with its respective state Medicaid program is deemed in



                                   40Examples of major life changes include the loss of minimum essential coverage,
                                   permanent move of residence, birth of a child, and marriage.
                                   41See 45 C.F.R. § 155.420(g); 87 Fed. Reg. 27208 (May 6, 2022). Changes to these
                                   regulations were made with the 2023 Notice of Benefit and Payment Parameters final rule,
                                   whereby all marketplaces using the FFM were required to verify eligibility for special
                                   enrollment periods based on loss of minimum essential coverage but otherwise retain the
                                   flexibility to determine whether to perform preenrollment verification for other QLEs. SBMs
                                   may opt to follow but are not subject to this requirement.
                                   42According to Colorado officials, the marketplace uses a shared responsibility model for
                                   its special enrollment period verifications. Under that model, either the Colorado Division
                                   of Insurance, Colorado marketplace, or its issuers may verify certain QLEs and determine
                                   whether to grant an applicant conditional eligibility if they determined additional verification
                                   was necessary.




                                   Page 16                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
compliance with the Medicaid requirement. 43 Selected states generally
used a periodic data matching Hub service and their respective Medicaid
state agencies for such periodic examinations and did not verify additional
eligibility criteria, such as incarceration status or employer-sponsored
insurance coverage, during such reviews. 44

CMS regulations generally require marketplaces to redetermine the
eligibility of a qualified individual annually by requesting an individual’s
updated tax return information and verifying any changes the individual
reports with respect to eligibility. 45 Selected states generally used an
annual redetermination Hub service that performs verifications of
Medicare coverage, death status, changes in income, and compliance
with tax filing requirements. 46 Four selected states did not verify any
additional eligibility criteria, such as lawful presence or employer-
sponsored insurance coverage. However, one of the selected states—
California—implemented additional measures to verify incarceration
status through the Hub during its annual review process. Until CMS
coordinates with the states to identify any residual risks related to
monitoring continued eligibility of key criteria, such as lawful presence or
employer-sponsored insurance, SBMs may not be aware of potential
vulnerabilities associated with continuing to provide health care coverage
to individuals who are no longer eligible.

As discussed earlier, PPACA and CMS regulations offer flexibilities in the
verification process, such as accepting applicant attestations, in order to
minimize administrative costs and burdens for marketplaces and
applicants. As such, CMS allows marketplaces to determine whether to
exercise these flexibilities. However, as discussed above, such flexibilities
may result in residual risks related to eligibility determinations, and CMS
has not coordinated with the states to identify any potential vulnerabilities
associated with using these flexibilities.



4345 C.F.R. § 155.330(d).

44Due to the public health emergency, neither Colorado nor Nevada used the Hub service
to perform periodic data examinations for plan year 2022. According to Nevada officials,
Nevada has implemented the service for plan year 2023.
4545 C.F.R. § 155.335.

46Colorado did not use the Hub’s annual redetermination service to redetermine the
eligibility of a qualified individual. Colorado officials informed us they are coordinating with
CMS to find a solution to verify information through the Hub for annual reenrollments.




Page 17                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                               Federal internal control standards state that management should consider
                               the potential for fraud when identifying, analyzing, and responding to risks
                               and design and implement control activities to respond to risks. As part of
                               these standards, management analyzes the identified fraud risks by
                               estimating their significance, both individually and in the aggregate, to
                               assess their effect on achieving the defined objectives. Until CMS
                               coordinates with the states to identify any residual risks regarding
                               improper APTC eligibility determinations by exercising these flexibilities,
                               neither CMS nor the states will know if additional guidance or other
                               actions, such as data matching or additional verification processes, are
                               needed to mitigate these potential residual risks.

Selected States Did Not        SBMs generally must provide an applicant with a reasonable opportunity
Reduce or Terminate            period (ROP) of 90 days to provide supporting documentation to resolve
                               inconsistencies. However, SBMs have legal authority to extend the ROP
APTC Benefits When They
                               in cases where applicants have demonstrated a good faith effort to obtain
Could Not Verify Eligibility   the required documentation. In addition, CMS regulations permit
during the COVID-19            marketplaces to provide exceptions, excluding for inconsistencies related
Pandemic                       to citizenship or lawful presence status, to individuals who cannot
                               reasonably obtain the required documentation, and accept, on a case-by-
                               case basis, an individual’s attestation. 47 Throughout the COVID-19
                               pandemic, SBMs were able to use this legal authority to extend their ROP
                               for various eligibility criteria. Four of the five selected states—California,
                               Colorado, Nevada, and New Jersey—exercised this authority at some
                               point during the COVID-19 pandemic.

                               Two selected states—California and Colorado—continued to provide
                               ROP extensions into plan year 2022 for certain key eligibility criteria.
                               Specifically, beginning in March 2020, Colorado temporarily discontinued
                               terminations of the APTC in cases where applicants failed to provide
                               verification documentation. This discontinuation was for all eligibility
                               criteria and will last until 90 days after the end of the public health
                               emergency. 48

                               Beginning in June 2020, California also provided various extensions to its
                               SBM’s ROP for all eligibility criteria. According to California officials, in
                               April 2022, California reinstated the ROP for all eligibility criteria, with the
                               exception of individuals in households with Medicaid or CHIP members

                               4745 C.F.R. § 155.315(f)(3); 45 C.F.R. § 155.315(g).

                               48In January 2023, it was announced that the COVID-19 public health emergency will end

                               on May 11, 2023.




                               Page 18                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                           (mixed households). In such cases, California officials said that the state
                           will continue to provide ROP extensions for all eligibility criteria, excluding
                           deceased and incarceration status, through the end of the public health
                           emergency and the subsequent unwinding of the Medicaid continuous
                           enrollment requirement.


CMS Has Not
Developed a
Comprehensive
Methodology for
Estimating Improper
APTC Payments,
Identifying Root
Causes, and
Developing
Corrective Actions
CMS’s APTC Improper        CMS contracted with a statistician to develop an improper payment
Payment Estimation         sampling and estimation methodology plan for its APTC program. For
                           fiscal year 2022, CMS reported an estimated $256 million in FFM
Methodology Excluded the
                           improper payments for the APTC program, with an improper payment rate
SBMs                       of 0.62 percent. Our review of the statistical approach in the improper
                           payment sampling and estimation methodology plan concluded that the
                           methodology was reliable to estimate improper APTC payments in the
                           FFM.

                           Our review, however, found that the methodology was not
                           comprehensive, due to limitations in its sample design and review
                           processes. Specifically, our review of the standard operating procedures
                           for the methodology found that CMS considered most, but not all, of the
                           key eligibility criteria, as the methodology did not include a review of




                           Page 19                  GAO-23-105577 Advance Premium Tax Credit Payment Integrity
electronic verifications for income 49 nor periodic data matching for death
status and Medicare enrollment. 50 In addition, CMS’s methodology was
limited to APTC payments related to the FFM, and excluded
consideration of APTC payments related to the SBMs.

According to CMS’s standard operating procedures, developing an
improper payment measurement program to account for the policies and
operations of each SBM is a time-consuming and resource-intensive
process, such that incorporating the SBMs into the improper payment
measurement would have substantially delayed the implementation of the
measurement program. In the interest of accelerating the timing of the
improper payment measurement, and therefore of public reporting of
improper payments and corrective action implementation, CMS resolved
to develop and pilot test the measurement for the APTC program that
SBMs administered under a separate continuing effort.

Further, agency officials informed us that they plan to commence a pilot
program to estimate improper payments for SBMs. CMS intends to
establish an improper payment pretesting and assessment program in the
future to prepare the SBMs for the planned measurement of improper
payments. CMS also intends to establish the improper payment
measurement program subsequent to completing the pretesting and
assessment program. CMS provided us a draft of its State Exchange
Improper Payment Measurement Preparation Engagement Plan. The
draft includes planned communication with the states regarding their
requirements and the best way to incorporate the SBMs into the improper
payment measurement program. However, the draft did not include a



49The household income and family size review consists of ensuring each application has
(1) an annual household income verification date occurring on or before the application
submission date, (2) the amount the individual attested to, and (3) whether income
verification data were found in IRS records. The process does not include a review of the
actual income amount that IRS provided to ensure that the electronic verification was
concluded correctly, as this information is considered Federal Tax Information (FTI).
According to CMS officials, CMS does not have authority to review FTI for purposes of the
APTC estimated improper payment measurement program because of statutory
constraints of section 6103 of the Internal Revenue Code.
50For the fiscal year 2022 reporting, CMS had not developed a process to test the periodic
data-matching results for death status and Medicare enrollment due to resource
constraints and cost-benefit considerations. However, CMS has since developed this
process and is executing review modules to test these areas for subsequent reporting
years.




Page 20                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
process to identify and consider residual risks that may result from SBMs’
eligibility determinations. 51

OMB guidance states management must perform an assessment to
identify and evaluate the potential payment integrity risks the agency
faces and that identification of payment integrity risks should be a
continuous process. 52 Further, OMB encourages agencies to ensure that
significant payment integrity risks are part of the estimation methodology
so that estimates can be used to assist in identifying root causes.
Additionally, federal internal control standards state that management
should identify, analyze, and respond to risks related to achieving the
defined objectives. As part of these standards, management identifies
risks throughout the entity to provide a basis for analyzing risks.

According to CMS officials, they have not completed developing an
improper payment estimate that includes consideration of payments
related to the SBMs because developing an effective and efficient
improper payment measurement program requires multiple time-intensive
steps, which CMS has not yet completed. These steps include procuring
a contractor; developing measurement policies, procedures, and tools
(including identifying payment integrity risks within SBMs); and
conducting extensive pilot testing to ensure an accurate improper
payment estimate.

Estimation of improper payments for SBMs is key to understanding the
extent of any problems within the marketplaces and to developing
effective corrective actions to address them. As previously mentioned,
CMS is making efforts to engage with the states regarding improper
payment measurement requirements and the best approach to
incorporate the states into the measurement program. However, without
additional coordination with the SBMs to assess and identify any residual
risks to which SBMs may be vulnerable related to eligibility
determinations within their respective marketplaces, CMS’s process for
estimating improper APTC payments may not reflect significant risks in
the program. As such, the resulting improper payment estimate may be


51As explained earlier, exercising flexibilities in the eligibility-verification process may
result in residual risks related to eligibility determinations.
52Office of Management and Budget, Transmittal of Appendix C to OMB Circular A-123,
Requirements for Payment Integrity Improvement, OMB Memorandum M-21-19
(Washington, D.C.: Mar. 5, 2021). In this report, references to OMB guidance refer to this
OMB memorandum and the guidance contained therein.




Page 21                        GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                             incomplete and provide a less useful basis for developing effective
                             corrective action plans.

CMS Does Not Have            For programs that are reporting improper payment estimates, PIIA
Documented Policies and      requires agencies to determine the root causes of improper payments
                             and develop corrective action plans to reduce them. 53 According to OMB
Procedures to Identify the
                             guidance, as part of this process agencies should ensure they have
Root Causes of Improper      identified a true root cause of an improper payment in order to formulate
APTC Payments and            effective corrective actions. CMS officials informed us that they do not
Develop Corrective           have documented policies and procedures for identifying root causes of
Actions to Address Them      improper APTC payments and developing corrective actions to address
                             them; however, they stated that the process will be consistent with other
                             programs for which there is an improper payment estimate.

                             Specifically, although not documented in policies and procedures, CMS
                             officials explained that the agency will determine root causes as part of a
                             detailed review of the findings from their annual improper payment
                             estimation process, and that the root causes will be based on the
                             professional judgment of reviewers and the specific facts and
                             circumstances of each finding. Therefore, as discussed above, when
                             CMS begins estimating improper payments related to the SBMs, if it does
                             not identify potential residual risks related to eligibility determinations
                             within the SBMs, there may be an increased risk that CMS may not
                             develop effective corrective action plans, such as additional guidance or
                             other actions, to mitigate such risks.

                             We previously recommended that HHS document in policies and
                             procedures its improper payment corrective action plan process. 54 As part
                             of these procedures, HHS should include its process for measuring the
                             effectiveness of corrective actions. The process also should clearly
                             demonstrate the effect HHS’s corrective actions have on reducing
                             improper payments. HHS disagreed with the recommendation, which
                             remains open as of February 2023. Until HHS implements this
                             recommendation and documents its processes in policies and
                             procedures, there are risks that CMS will not develop corrective action
                             plans that correspond to the root causes of improper payments, or that


                             53See 31 U.S.C. § 3352(d).

                             54GAO, Payment Integrity: Selected Agencies Should Improve Efforts to Evaluate
                             Effectiveness of Corrective Actions to Reduce Improper Payments, GAO-20-336
                             (Washington, D.C.: Apr. 1, 2020).




                             Page 22                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
                      CMS will not implement processes to effectively monitor progress and
                      measure plans’ effectiveness.

                      Federal law and regulations require SBMs, in coordination with CMS and
Conclusions           other federal sources, to determine eligibility to enroll in a qualified health
                      plan and receive APTCs. For some eligibility criteria, SBMs have the
                      flexibility to accept an applicant’s self-attestation in certain circumstances
                      or to opt to conduct further verification. CMS and SBMs have not
                      conducted a risk assessment to determine if these flexibilities make
                      SBMs more susceptible to enrolling ineligible individuals in qualified
                      health plans and making APTC payments on their behalf. With such
                      considerable flexibilities, it is important that CMS, in coordination with
                      SBMs, evaluate the risks in making improper eligibility determinations and
                      establish strategies to mitigate those risks.

                      Estimating and reporting improper payments and developing corrective
                      actions to reduce such payments is critical to agency accountability—
                      particularly for new programs that make large expenditures in a given
                      year. While CMS has made considerable progress in developing an
                      estimating methodology for payments in the FFM program, CMS has not
                      developed an improper payment estimation plan to address SBMs or their
                      associated risks. Until HHS finalizes and implements its improper
                      payment estimation measurement program for the SBMs, HHS will likely
                      understate its overall improper payment estimate for the APTC program.

                      We are making the following two recommendations to CMS:
Recommendations for
Executive Action      The Administrator for CMS should, in coordination with the states, assess
                      and identify residual risks to which the SBMs may be vulnerable related to
                      eligibility determinations and take these risks into account when
                      developing and implementing the improper APTC payment estimation
                      methodology for the SBMs. (Recommendation 1)

                      The Administrator for CMS should, in coordination with the states, assess
                      and identify residual risks to which the SBMs may be vulnerable related to
                      eligibility determinations and identify any additional guidance or other
                      actions, as needed, to mitigate any residual risks within the SBMs.
                      (Recommendation 2)

                      We provided a draft of this report to HHS, IRS, and selected states for
Agency Comments       review and comment. We received written comments from HHS, which
and Our Evaluation    are reproduced in appendix II and summarized below. We received
                      technical comments from IRS, California, Colorado, Nevada, and New


                      Page 23                  GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Jersey, which we incorporated as appropriate. Pennsylvania officials
informed us that they had no comments on the report.

In its written comments, HHS stated that it does not concur with our two
recommendations. HHS stated that in 2019 HHS developed an initiative
to provide SBMs with an opportunity to voluntarily engage with HHS to
prepare for future measurement of improper APTC payments. In our
report, we acknowledge CMS’s planned communication with the states
regarding their improper payment estimation requirements and the best
approach to incorporate the states into the improper payment
measurement program. However, CMS’s plan did not include a process
to identify and consider residual risks that may result from SBMs’
eligibility determinations.

HHS did not concur with our first recommendation to coordinate with the
states to assess and identify residual eligibility determination risks to
which the SBMs may be vulnerable and take those risks into account
when developing and implementing the improper APTC payment
estimation methodology for the SBMs. In response to this
recommendation, HHS stated that PIIA and OMB guidance in Appendix C
to Circular A-123 do not reference any requirements related to the
assessment of residual risk. In addition, HHS stated the recommendation
to assess and identify residual risks would be redundant with CMS’s
existing approach to developing the improper payment measurement
methodology.

However, as discussed in our report, OMB guidance states management
must perform an assessment to identify and evaluate the potential
payment integrity risks the agency faces and that the identification of
payment integrity risks should be a continuous process. Further, OMB
encourages agencies to ensure that significant payment integrity risks are
part of the estimation methodology so that estimates can be used to
assist in identifying root causes. Without first identifying residual risks,
there is an increased likelihood that CMS’s estimation methodology may
not address key risks of improper payments, such as those related to
eligibility determinations. This could possibly result in incomplete
improper payment estimates that provide a less useful basis for
developing effective corrective action plans. Therefore, we continue to
believe that our recommendation is valid.

HHS also did not concur with our second recommendation to identify any
additional guidance or other actions, as needed, to mitigate any residual
risks within the SBMs. Specifically, HHS stated that PPACA provides


Page 24                 GAO-23-105577 Advance Premium Tax Credit Payment Integrity
states with flexibility in the design and operation of their marketplaces,
within federal rules, to best meet the unique needs of their residents and
insurance markets. HHS further stated that CMS regulations specify a set
of eligibility verification requirements that all marketplaces, including
SBMs, must follow and allow flexibility for how certain eligibility
verification requirements should be met. In addition, HHS provided
examples of the flexibilities allowed for certain eligibility verification
requirements, specifically residency and duplicate coverage through
Medicaid in other states.

HHS stated that in response to a prior GAO audit recommendation, the
agency assessed and documented its options for verifying residency and
concluded that accepting an applicant’s attestation was the most practical
option. 55 Also, HHS stated that identification or verification of dual
Medicaid coverage across state lines is not a regulatory requirement for
SBMs. HHS noted that a comprehensive, national electronic data source
is currently not available for marketplaces to use in verifying dual
Medicaid coverage in all other states outside of the service area of each
marketplace.

We acknowledge in the report that PPACA and CMS regulations provide
flexibilities related to certain eligibility verification requirements, in part
due to whether reliable data sources are available that would allow a
marketplace to verify eligibility criteria. Although HHS previously
assessed and documented its options for verifying residency in response
to a GAO recommendation related to the FFM, this does not account for
potential data that may be available at the individual state level for the
SBMs. If the residencies of individuals are not verified, there is a risk of
enrolling ineligible individuals in qualified health plans and improperly
providing APTC payments to issuers on their behalf. Further, without a
process to identify duplicate coverage by Medicaid and CHIP in states
other than those in which individuals applied for coverage and attested to
residency, there is a risk that enrollees may apply for and receive
duplicate coverage, specifically, Medicaid managed care in one state and
APTC coverage in another state.

With such considerable flexibilities, it is important that CMS, in
coordination with SBMs, evaluates the risks in making improper eligibility
determinations and identifies any additional guidance or actions, if
needed, to mitigate those risks. Therefore, we continue to believe that our

55See GAO-17-467.




Page 25                  GAO-23-105577 Advance Premium Tax Credit Payment Integrity
recommendation to CMS is valid to help ensure that CMS addresses
improper payment risks related to eligibility determinations.

We are sending copies of this report to the appropriate congressional
committees, the Department of Health and Human Services, the Internal
Revenue Service, and other interested parties. In addition, this report is
available at no charge on the GAO website at https://www.gao.gov.

If you or your staffs have any questions about this report, please contact
me at (202) 512-5683 or padillah@gao.gov. Contact points for our Offices
of Congressional Relations and Public Affairs may be found on the last
page of this report. GAO staff who made key contributions to this report
are listed in appendix III.




M. Hannah Padilla
Director, Financial Management and Assurance




Page 26                 GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix I: Objectives, Scope, and
              Appendix I: Objectives, Scope, and
              Methodology


Methodology

              This report examines (1) what key control activities, if any, selected states
              and the Centers for Medicare & Medicaid Services (CMS) have designed
              and implemented to prevent providing the advance premium tax credit
              (APTC) to ineligible individuals through the state-based marketplaces
              (SBM) and (2) the extent to which CMS has developed a reliable
              methodology to estimate improper APTC payments, identify the root
              causes of improper payments, and develop corrective actions to address
              such root causes.

              For our first objective, we selected a nongeneralizable sample of
              approximately one-third (or five states) from the population of 15 SBMs
              operating for plan year 2021. To select the states for our review, we
              considered the following factors: monthly APTC payment data available
              from each state, marketplace longevity to review both established and
              new SBMs, and which major insurance providers were offered throughout
              each state. Specifically, in order to maximize our coverage, we primarily
              considered the amount of average monthly APTC payments by state
              because if deficiencies are identified within a state’s processes, the
              overall effect may be greater for states with higher monthly payments
              than for those with lower monthly payments. 1 Two states—California and
              Pennsylvania—reported average monthly APTC payment amounts
              greater than $100 million; therefore, we included them in our review.

              Next, we considered the timing of when states transitioned from the
              federal marketplace to begin operating their own SBM in order to include
              both newly transitioned and more established marketplaces. This allowed
              us to consider the potential for increased payment integrity risks as newly
              transitioned marketplaces establish appropriate control activities. We
              noted that three states—Nevada, New Jersey, and Pennsylvania—had
              recently transitioned to an SBM; therefore, we included Nevada and New
              Jersey in our review to cover all the newly transitioned marketplaces.

              Lastly, we considered the major health insurance issuers that were
              offered in the marketplaces. Issuers may have different processes and
              reporting mechanisms to exchange information with the SBMs. Therefore,
              in order to maximize our audit coverage, we ensured that the SBMs in the
              states we selected provided coverage from the major health insurance
              issuers offered in the SBMs for 2021. Specifically, we found that Cigna
              was the only major provider offered in the marketplaces in 2021 not

              1We were unable to calculate the average monthly APTC payment amounts for Idaho and
              Nevada, as those states reported they were unable to report the average monthly APTC
              payment amount on the individual level.




              Page 27                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix I: Objectives, Scope, and
Methodology




included in our selection thus far. From the remaining states, we noted
that Colorado was the state with the largest average monthly APTC
payments that offered Cigna; therefore, we included Colorado in our
review.

The SBMs from the five selected states—California, Colorado, Nevada,
New Jersey, and Pennsylvania—covered approximately 72 percent of
APTC consumers enrolled in SBMs for the 2021 open enrollment period.
Our findings are limited to the five selected states included in our review
and cannot be generalized to all states operating SBMs.

To assess what key control activities the selected states and CMS
designed and implemented to prevent providing the APTC to ineligible
individuals, we reviewed the Patient Protection and Affordable Care Act
and its implementing regulations. 2 Based on this review, we identified key
criteria that SBMs must consider when making APTC eligibility
determinations. We also reviewed relevant internal control standards 3 and
leading practices for measuring fraud risks in federal programs to
determine the relevant control activities needed to help prevent improper
APTC eligibility determinations. 4

As part of this work, we determined that internal controls were significant
to our objectives. Specifically, we determined that the control activities
component of internal control, along with the underlying principles that
management should design control activities to achieve its objectives and
respond to risks, were significant to our first objective. Additionally, we
determined that the risk assessment component of internal control and
the principles that management should (1) identify, analyze, and respond
to risks related to achieving the defined objectives and (2) consider the
potential for fraud when identifying, analyzing, and responding to risks
were significant to our objective. Also significant to our objective were the
information and communication component and the principles that
management should (1) use quality information to achieve the entity’s


2Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010), as amended by the Health Care and
Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (Mar. 30,
2010).
3GAO, Standards for Internal Control in the Federal Government, GAO-14-704G
(Washington, D.C.: September 2014).
4GAO, A Framework for Managing Fraud Risks in Federal Programs, GAO-15-593SP
(Washington, D.C.: July 2015).




Page 28                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix I: Objectives, Scope, and
Methodology




objectives and (2) externally communicate the necessary quality
information to achieve the entity’s objectives.

We determined the leading practices from the Fraud Risk Framework
relevant to our objective were related to (1) identifying and assessing
fraud risks and (2) designing and implementing specific control activities
to prevent and detect fraud. These leading practices include

1. planning to conduct fraud risk assessments at regular intervals and
   when there are changes to the program or operating environment, as
   assessing fraud risks is an iterative process;
2. examining the suitability of existing fraud controls and prioritizing
   residual fraud risks; and
3. conducting data matching to verify key information, including self-
   reported data and information necessary to determine eligibility.
We interviewed officials from the five selected states’ SBMs and CMS
regarding their roles in administering the APTC program and making
eligibility determinations. We obtained selected states and CMS’s written
policies and procedures, cycle memos, and other supporting
documentation, such as interagency agreements and computer-matching
agreements, in place for plan year 2022. We analyzed the documentation
provided from CMS and the selected SBMs to determine whether the
control activities aligned with relevant federal internal control standards
and leading practices in the Fraud Risk Framework and sufficiently
addressed the key eligibility determination risk areas we identified. We
also interviewed key agency officials from the Internal Revenue Service to
gain an understanding of their roles in the APTC payment-reconciliation
process.

To address our second objective, we reviewed agency payment integrity
requirements in the Payment Integrity Information Act of 2019 (PIIA); 5 the
related guidance in the Appendix C to Office of Management and Budget
(OMB) Circular A-123, Requirements for Payment Integrity Improvement; 6
and relevant internal control standards. We reviewed these documents to
identify key criteria agencies must meet when developing improper

5Pub L. No. 116–117, 134 Sat. 113 (Mar. 2, 2020).

6Office of Management and Budget, Appendix C to Circular No. A-123, Requirements for
Payment Integrity Improvement, OMB Memorandum M-21-19 (Washington, D.C.: Mar. 5,
2021). In this report, references to OMB guidance refer to this OMB memorandum and the
guidance contained therein.




Page 29                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix I: Objectives, Scope, and
Methodology




payment estimation methodologies, identifying root causes of improper
payments, and developing corrective action plans to reduce improper
payments. Based on this review, we determined that the risk assessment
component of internal control, along with the principle that management
should identity, analyze, and respond to risks related to achieving the
defined objectives, were significant to this objective. Additionally, we
determined that the control activities component of internal control, along
with the principles that management should (1) design control activities to
achieve objectives and respond to risks and (2) implement control
activities through policies, were significant to our objective.

We interviewed relevant CMS officials regarding their roles in estimating
improper APTC payments, identifying root causes of improper payments,
and developing corrective action plans to address root causes. We also
obtained CMS’s sampling and estimation methodology plan for fiscal year
2022 reporting and relevant policies and procedures. We then analyzed
the provided documents against relevant PIIA requirements, OMB
guidance, and relevant federal internal control standards. From our
analysis, we assessed whether (1) CMS’s estimation methodology was
reasonably sufficient to produce a reliable estimate of improper APTC
payments and (2) CMS designed and implemented a process to identify
root causes of improper APTC payments and develop corrective actions
that correspond to the identified root causes in accordance with
applicable laws and guidance.

We conducted this performance audit from November 2021 to March
2023 in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit to
obtain sufficient, appropriate evidence to provide a reasonable basis for
our findings and conclusion based on our audit objectives. We believe
that the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objectives.




Page 30                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix II: Comments from the Department
             Appendix II: Comments from the Department
             of Health and Human Services


of Health and Human Services




             Page 31                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix II: Comments from the Department
of Health and Human Services




Page 32                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix II: Comments from the Department
of Health and Human Services




Page 33                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix II: Comments from the Department
of Health and Human Services




Page 34                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix II: Comments from the Department
of Health and Human Services




Page 35                    GAO-23-105577 Advance Premium Tax Credit Payment Integrity
Appendix III: GAO Contact and Staff
                  Appendix III: GAO Contact and Staff
                  Acknowledgments


Acknowledgments

                  M. Hannah Padilla, (202) 512-5683 or padillah@gao.gov
GAO Contact
                  In addition to the contact named above, Matthew Valenta (Assistant
Staff             Director), Stephanie Adams (Auditor in Charge), Carl Barden, Anthony
Acknowledgments   Clark, Jason Kelly, Mike LaForge, Diana Lee, Christina Skinner, Angela
                  Wills, and Emily Wilson Schwark made key contributions to this
                  engagement.




                  Page 36                      GAO-23-105577 Advance Premium Tax Credit Payment Integrity
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