80_FR_38781 80 FR 38652 - Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016; Correcting Amendment

80 FR 38652 - Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016; Correcting Amendment

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38652-38653
FR Document2015-16532

This document corrects a technical error that appeared in the final rule published in the February 27, 2015 Federal Register (80 FR 10749) entitled ``Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2016.''

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015) 
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38652-38653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16532]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 155

[CMS-9944-F2]
RIN 0938-AS19


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2016; Correcting Amendment

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the February 27, 2015 Federal Register (80 FR 
10749) entitled ``Patient Protection and Affordable Care Act; HHS 
Notice of Benefit and Payment Parameters for 2016.''

DATES: Effective Date: This correction document is effective July 7, 
2015.
    Application Date: The correction is applicable as of April 28, 
2015.

FOR FURTHER INFORMATION CONTACT: 
Jeff Wu, (301) 492-4305.
Krutika Amin, (301) 492-5153.
Lindsey Murtagh, 301-492-4106.
Rachel Arguello, 301-492-4263.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-03751 (80 FR 10749 through 10877), the final rule 
entitled

[[Page 38653]]

``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2016,'' there was a technical error in the 
regulation text that is identified and corrected in this correcting 
amendment.

II. Summary of Errors in the Regulation Text

    On page 10867 of the HHS Notice of Benefit and Payment Parameters 
for 2016 final rule, there was a technical error in Sec.  
155.420(d)(2)(ii). In the preamble, we acknowledged that Exchanges may 
need more time to implement the necessary functional IT changes, and 
stated that we were making Sec.  155.420(d)(2)(ii) effective January 1, 
2017. However, in the regulatory text, we inadvertently omitted the 
phrase ``Effective January 1, 2017 or earlier . . .'' before the phrase 
``at the option of the Exchange''.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, this 
notice and comment procedure can be waived if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    This document corrects a technical error in the HHS Notice of 
Benefit and Payment Parameters for 2016 final rule and is not a 
substantive change to the standards set forth in the final rule. 
Therefore, we believe that undertaking further notice and comment 
procedures to incorporate this correction and delay the effective date 
for this change is unnecessary. In addition, we believe it is important 
for the public to have the correct information as soon as possible, and 
believe it is contrary to the public interest to delay when they become 
effective. For the reasons stated previously, we find there is good 
cause to waive notice and comment procedures and the 30-day delay in 
the effective date for this correction notice.

List of Subjects in 45 CFR Part 155

    Administrative practice and procedure, Health care access, Health 
insurance, Reporting and recordkeeping requirements, State and local 
governments, Cost-sharing reductions, Advance payments of premium tax 
credit, Administration and calculation of advance payments of the 
premium tax credit, Plan variations, Actuarial value.

    Accordingly, 45 CFR part 155 is corrected by making the following 
correcting amendment:

PART 155--EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED 
STANDARDS UNDER THE AFFORDABLE CARE ACT

0
1. The authority citation for part 155 continues to read as follows:

    Authority:  Title I of the Affordable Care Act, sections 1301, 
1302, 1303, 1304, 1311, 1312, 1313, 1321, 1322, 1331, 1332, 1334, 
1402, 1411, 1412, 1413, Pub. L. 111-148, 124 Stat. 119 (42 U.S.C. 
18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 
18081-18083).

0
2. Section 155.420 is amended by revising paragraph (d)(2)(ii) to read 
as follows:


Sec.  155.420  Special enrollment periods.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Effective January 1, 2017 or earlier at the option of the 
Exchange, the enrollee loses a dependent or is no longer considered a 
dependent through divorce or legal separation as defined by State law 
in the State in which the divorce or legal separation occurs, or if the 
enrollee, or his or her dependent, dies.
* * * * *

    Dated: June 29, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-16532 Filed 7-6-15; 8:45 am]
BILLING CODE 4120-01-P

38652 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations minimum of two RATAs, you may revise must be followed until the audit results meet RA for the RATA. The RATA must be your auditing procedures to use CGA, RAA the criteria in section 5.3.4 to start calculated either in units of the applicable or DSA each quarter for seven subsequent requalifying for the optional QA test emission standard or in concentration units quarters following a RATA. frequency in section 5.5. (ppmv). 5.5.2 You must perform at least one 6.2 RAA Accuracy Calculation. Use RATA that meets the acceptance criteria 6.0 Calculations for CEMS Data Accuracy Equation 6–2 to calculate the accuracy for the every 2 years. 6.1 RATA RA Calculation. Follow RAA. The RA may be calculated in 5.5.3 If you fail a RATA, RAA, CGA, or Equations 9 through 14 in section 12 of PS– concentration units (ppmv) or in the units of DSA, then the audit schedule in section 5.2 18 in appendix B to this part to calculate the the applicable emission standard. Where: the three CEMS responses and subtract the To calculate the DSA accuracy for each RA = Accuracy of the CEMS (percent) average response from the audit gas value. upscale spike concentration, first calculate MNavg = Average measured CEMS response For extractive CEMS, calculate the ME at the DSE using Equation A5 in appendix A of during the audit in units of applicable each gas level using Equation 3A in section PS–18 in appendix B to this part. Then use standard or appropriate concentration. 12.3 of PS–18 in appendix B to this part. For Equation 6–3 to calculate the average DSA RMavg = Average reference method value in IP–CEMS, calculate the ME at each gas level accuracy for each upscale spike units of applicable standard or using Equation 6A in section 12.4.3 of PS– concentration. To calculate DSA accuracy at appropriate concentration. 18 in appendix B to this part. 6.3 CGA Accuracy Calculation. For each 6.4 DSA Accuracy Calculation. DSA the zero level, use equation 3A in section gas concentration, determine the average of accuracy is calculated as a percent of span. 12.3 of PS–18 in appendix B to this part. 7.0 Reporting Requirements vii. Results from the performance audit DEPARTMENT OF HEALTH AND At the reporting interval specified in the samples described in section 5 and the HUMAN SERVICES applicable regulation or permit, report for applicable RMs. each CEMS the quarterly and annual e. Summary of all out-of-control periods 45 CFR Part 155 accuracy audit results from section 6 and the including corrective actions taken when [CMS–9944–F2] daily assessment results from section 4. CEMS was determined out-of-control, as Unless otherwise specified in the applicable described in sections 4 and 5. RIN 0938–AS19 regulation or permit, include all data sheets, 7.1.2 If the accuracy audit results show calculations, CEMS data records (i.e., charts, the CEMS to be out-of-control, you must Patient Protection and Affordable Care records of CEMS responses), reference gas report both the audit results showing the Act; HHS Notice of Benefit and certifications and reference method results CEMS to be out-of-control and the results of Payment Parameters for 2016; necessary to confirm that the performance of Correcting Amendment the audit following corrective action showing the CEMS met the performance specifications. the CEMS to be operating within AGENCY: Centers for Medicare & 7.1 Unless otherwise specified in the specifications. Medicaid Services (CMS), HHS. applicable regulations or permit, report the 8.0 Bibliography ACTION: Final rule; correcting daily assessments (CD and beam intensity) and accuracy audit information at the 1. EPA Traceability Protocol for Assay and amendment. interval for emissions reporting required Certification of Gaseous Calibration under the applicable regulations or permits. Standards, U.S. Environmental Protection SUMMARY: This document corrects a 7.1.1 At a minimum, the daily Agency office of Research and Development, technical error that appeared in the final assessments and accuracy audit information EPA/600/R–12/531, May 2012. rule published in the February 27, 2015 reporting must contain the following 2. Method 205, ‘‘Verification of Gas Federal Register (80 FR 10749) entitled information: Dilution Systems for Field Instrument ‘‘Patient Protection and Affordable Care a. Company name and address. Calibrations,’’ 40 CFR part 51, appendix M. Act; HHS Notice of Benefit and Payment b. Identification and location of monitors Parameters for 2016.’’ in the CEMS. 9.0 Tables, Diagrams, Flowcharts— DATES: Effective Date: This correction c. Manufacturer and model number of each [Reserved] monitor in the CEMS. document is effective July 7, 2015. [FR Doc. 2015–16385 Filed 7–6–15; 8:45 am] d. Assessment of CEMS data accuracy and Application Date: The correction is date of assessment as determined by a RATA, BILLING CODE 6560–50–P applicable as of April 28, 2015. RAA, CGA or DSA described in section 5 FOR FURTHER INFORMATION CONTACT: including: Jeff Wu, (301) 492–4305. i. The RA for the RATA; Krutika Amin, (301) 492–5153. srobinson on DSK5SPTVN1PROD with RULES ii. The accuracy for the CGA, RAA, or DSA; Lindsey Murtagh, 301–492–4106. iiii. Temperature and pressure sensor audit Rachel Arguello, 301–492–4263. ER07JY15.098</GPH> results for IP–CEMS; iv. The RM results, the reference gas SUPPLEMENTARY INFORMATION: certified values; I. Background v. The CEMS responses; vi. The calculation results as defined in In FR Doc. 2015–03751 (80 FR 10749 through 10877), the final rule entitled ER07JY15.097</GPH> section 6; and VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1

Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38653 ‘‘Patient Protection and Affordable Care procedures and the 30-day delay in the FEDERAL COMMUNICATIONS Act; HHS Notice of Benefit and Payment effective date for this correction notice. COMMISSION Parameters for 2016,’’ there was a technical error in the regulation text that List of Subjects in 45 CFR Part 155 47 CFR Parts 1 and 20 is identified and corrected in this Administrative practice and [WT Docket No. 10–4; FCC 14–138] correcting amendment. procedure, Health care access, Health II. Summary of Errors in the Regulation insurance, Reporting and recordkeeping The Commission’s Rules To Improve Text requirements, State and local Wireless Coverage Through the Use of governments, Cost-sharing reductions, Signal Boosters On page 10867 of the HHS Notice of Benefit and Payment Parameters for Advance payments of premium tax AGENCY: Federal Communications 2016 final rule, there was a technical credit, Administration and calculation Commission. error in § 155.420(d)(2)(ii). In the of advance payments of the premium ACTION: Final rule; announcement of preamble, we acknowledged that tax credit, Plan variations, Actuarial effective date. Exchanges may need more time to value. implement the necessary functional IT SUMMARY: In this document, the Federal Accordingly, 45 CFR part 155 is changes, and stated that we were Communications Commission making § 155.420(d)(2)(ii) effective corrected by making the following (Commission) announces that the Office January 1, 2017. However, in the correcting amendment: of Management and Budget (OMB) has regulatory text, we inadvertently approved, for a period of three years, PART 155—EXCHANGE omitted the phrase ‘‘Effective January 1, certain information collection 2017 or earlier . . .’’ before the phrase ESTABLISHMENT STANDARDS AND requirements associated with the ‘‘at the option of the Exchange’’. OTHER RELATED STANDARDS Commission’s Order on Reconsideration UNDER THE AFFORDABLE CARE ACT regarding the Commission’s rules to III. Waiver of Proposed Rulemaking and Delay in Effective Date Improve Wireless Coverage Through the ■ 1. The authority citation for part 155 Use of Signal Boosters, FCC 14–138. We ordinarily publish a notice of continues to read as follows: This document is consistent with the proposed rulemaking in the Federal Order on Reconsideration, which stated Authority: Title I of the Affordable Care Register to provide a period for public Act, sections 1301, 1302, 1303, 1304, 1311, that the Commission would publish a comment before the provisions of a rule 1312, 1313, 1321, 1322, 1331, 1332, 1334, document in the Federal Register take effect in accordance with section 1402, 1411, 1412, 1413, Pub. L. 111–148, 124 announcing OMB approval and the 553(b) of the Administrative Procedure Stat. 119 (42 U.S.C. 18021–18024, 18031– effective date of the new information Act (APA) (5 U.S.C. 553(b)). However, 18033, 18041–18042, 18051, 18054, 18071, collection requirements. this notice and comment procedure can and 18081–18083). DATES: 47 CFR 20.21(f)(1)(iv)(A)(2) be waived if the Secretary finds, for ■ 2. Section 155.420 is amended by published at 79 FR 70790, November 28, good cause, that the notice and revising paragraph (d)(2)(ii) to read as 2014, are effective on July 7, 2015. comment process is impracticable, unnecessary, or contrary to the public follows: FOR FURTHER INFORMATION CONTACT: interest, and incorporates a statement of Cathy Williams by email at the finding and the reasons therefore in § 155.420 Special enrollment periods. Cathy.Williams@fcc.gov and telephone the notice. * * * * * at (202) 418–2918. Section 553(d) of the APA ordinarily (d) * * * SUPPLEMENTARY INFORMATION: This requires a 30-day delay in effective date document announces that, on June 17, of final rules after the date of their (2) * * * 2015, OMB approved certain publication in the Federal Register. (ii) Effective January 1, 2017 or earlier information collection requirements This 30-day delay in effective date can at the option of the Exchange, the contained in the Commission’s Order on be waived, however, if an agency finds enrollee loses a dependent or is no Reconsideration, FCC 14–138, for good cause that the delay is longer considered a dependent through published at 79 FR 70790, November 28, impracticable, unnecessary, or contrary divorce or legal separation as defined by 2014. The OMB Control Number is to the public interest, and the agency State law in the State in which the 3060–1189. The Commission publishes incorporates a statement of the findings divorce or legal separation occurs, or if this notice as an announcement of the and its reasons in the rule issued. the enrollee, or his or her dependent, effective date of these information This document corrects a technical dies. collection requirements. error in the HHS Notice of Benefit and Payment Parameters for 2016 final rule * * * * * Synopsis and is not a substantive change to the Dated: June 29, 2015. As required by the Paperwork standards set forth in the final rule. Madhura Valverde, Reduction Act of 1995 (44 U.S.C. 3507), Therefore, we believe that undertaking Executive Secretary to the Department, the FCC is notifying the public that it further notice and comment procedures Department of Health and Human Services. received OMB approval on June 17, to incorporate this correction and delay [FR Doc. 2015–16532 Filed 7–6–15; 8:45 am] 2015, for the new information collection the effective date for this change is requirements contained in the BILLING CODE 4120–01–P unnecessary. In addition, we believe it Commission’s rules at 47 CFR srobinson on DSK5SPTVN1PROD with RULES is important for the public to have the 20.21(f)(1)(iv)(A)(2). Under 5 CFR part correct information as soon as possible, 1320, an agency may not conduct or and believe it is contrary to the public sponsor a collection of information interest to delay when they become unless it displays a current, valid OMB effective. For the reasons stated Control Number. No person shall be previously, we find there is good cause subject to any penalty for failing to to waive notice and comment comply with a collection of information VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1


Document Created: 2015-12-15 13:27:30
Document Modified: 2015-12-15 13:27:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
ContactJeff Wu, (301) 492-4305. Krutika Amin, (301) 492-5153. Lindsey Murtagh, 301-492-4106. Rachel Arguello, 301-492-4263.
FR Citation80 FR 38652 
RIN Number0938-AS19
CFR AssociatedAdministrative Practice and Procedure; Health Care Access; Health Insurance; Reporting and Recordkeeping Requirements; State and Local Governments; Cost-Sharing Reductions; Advance Payments of Premium Tax Credit; Administration and Calculation of Advance Payments of the Premium Tax Credit; Plan Variations and Actuarial Value
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