” Id. at 15757. And in a notice of proposed rulemaking issued by the agency on December 27, 2022, CMS proposed removing the guardrails altogether, explaining that “[w]hile [the agency] recognized the possibility at the time [it] finalized the guardrails policy” that “there may be an inability for thresholds to fully keep pace with changes in performance across the industry,” “we now have evidence from the 2022 and 2023 Star Ratings that shows that unintended consequence of the policy” and the “importan[ce] [of permitting] cut points to adjust for unforeseen circumstances that may cause overall industry performance to either increase or decrease.” Contract Year 2024 Policy & Technical Changes to the Medicare Advantage Program, 87 Fed.Reg. 79452, 79625 (Dec. 27, 2022). In its final rule, CMS declined to adopt this change and, instead, deferred the issue for “a later final rule.” Contract Year 2024 Policy & Technical Changes to the Medicare Advantage Program, 88 Fed.Reg. 22120, 22121 (Apr. 12, 2023).