81 FR 35643 - State Health Insurance Assistance Program (SHIP)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 81, Issue 107 (June 3, 2016)
Centers for Medicare & Medicaid Services
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Federal Register Volume 81, Issue 107 (June 3, 2016)
| Page Range | 35643-35644 | |
| FR Document | 2016-13136 |
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)] [Rules and Regulations] [Pages 35643-35644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13136] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 403 DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 1331 RIN 0985-AA11 State Health Insurance Assistance Program (SHIP) AGENCY: Administration for Community Living (ACL), Department of Health and Human Services (HHS) and Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Health and Human Services is issuing a final regulation that adopts, without change, the interim final rule (IFR) entitled ``State Health Insurance Assistance Program (SHIP).'' This final rule implements a provision enacted by the Consolidated Appropriations Act of 2014 and reflects the transfer of the State Health Insurance Assistance Program (SHIP) from the Centers for Medicare & Medicaid Services (CMS), in the Department of Health and Human Services (HHS) to the Administration for Community Living (ACL) in HHS. Prior to the interim final rule, prior regulations were issued by CMS under the authority granted by the Omnibus Budget Reconciliation Act of 1990 (OBRA), Section 4360. DATES: Effective June 3, 2016. FOR FURTHER INFORMATION CONTACT: Josh Hodges, Administration for Community Living, telephone (202) 795-7364 (Voice). This is not a toll- free number. This document will be made available in alternative formats upon request. Written correspondence can be sent to Administration for Community Living, U.S. Department of Health and Human Services, 330 C St. SW., Washington, DC 20201. SUPPLEMENTARY INFORMATION: I. Background The State Health Insurance Assistance Program (SHIP) was created under Section 4360 of the Omnibus Budget Reconciliation Act (OBRA) of 1990 (Pub. L. 101-508). This section of the law authorized the Centers for Medicare & Medicaid Services (CMS) to make grants to States to establish and maintain health insurance advisory service programs for Medicare beneficiaries. Grant funds were made available to support information, counseling, and assistance activities relating to Medicare, Medicaid, and other related health insurance options such as: Medicare supplement insurance, long-term care insurance, managed care options, and other health insurance benefit information. In January 2014, in the Consolidated Appropriations Act of 2014, Congress transferred the funding for the SHIP program from CMS to the Administration for Community Living (ACL). This transfer reflects the existing formal and informal collaborations between the SHIP programs and the networks that ACL serves. On February 4, 2016, ACL and CMS issued an IFR (81 FR 5917) that transferred all provisions of the existing SHIP regulations at 42 CFR part 403 Subpart E, (Sec. Sec. 403.500 through 403.512), to a new part at 45 CFR 1331.1-1331.7. The IFR also changed all references to CMS' administration of the program to ACL and made a technical change to reflect new Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards, codified at 45 CFR part 75. This final rule adopts, without making any changes, the regulatory requirements established in the IFR. II. Comments on the IFR HHS received one responsive comment to the IFR. The commenter expressed support for the rule and optimism for the new opportunities that come with the SHIP's transfer to ACL. We are grateful for the commenter's support and look forward to continuing to improve the program's effectiveness and efficiency. III. Regulatory Analysis A. Executive Order 12866 This rule is not being treated as a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. B. Regulatory Flexibility Analysis The Secretary certifies under 5 U.S.C. 605(b), the Regulatory Flexibility Act (Pub. L. 96-354), that this regulation will not have a significant economic impact on a substantial number of small entities. The primary impact of this regulation is on entities applying for SHIP funding opportunities, specifically researchers, States, public or private agencies and organizations, institutions of higher education, and Indian tribes and Tribal organizations. The regulation does not have a significant economic impact on these entities. C. Paperwork Reduction Act of 1995 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR 1320 Appendix A.1) (PRA), ACL and CMS have determined that there are no new collections of information contained in this final rule. D. Waiver of Proposed Rulemaking Under the Administrative Procedure Act (APA), ACL and CMS are required to publish a notice of proposed rulemaking and provide the public with an opportunity to comment on proposed regulations prior to establishing a final rule unless it is determined for good cause that the notice and comment procedure is impracticable, unnecessary or contrary to public interest. 5 U.S.C. 553(b). As noted previously, Congress has already transferred the SHIP program to ACL under the Consolidated Appropriations Act of 2014. This final rule makes no changes other than aligning the location of the regulations within the Code of Federal Regulations with other ACL programs; amending the name of the administering agency to ACL; and updating a reference to new Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards, which have already undergone notice and comment rulemaking, therefore, there is good cause under 5 U.S.C. 553(b)(B) for waiving proposed rulemaking as unnecessary. E. Waiver of Delayed Effective Date Agencies are required to delay the effective date of their final regulations by 30 days after publication, as required under 5 U.S.C. 553(d), unless an exception under subsection (d) applies. Under 5 U.S.C. 553(d), ACL and CMS may waive the delayed effective date requirement if they find good cause and explain the basis for the waiver in the final rulemaking document or if the regulations grant or recognize an exemption or relieve a restriction. In the present case, there is good cause to waive the delayed effective date for this final rule, because the substance of the regulation, other than the name of the administering agency, is identical to the current regulation. [[Page 35644]] F. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 requires that a covered agency prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in expenditures by State, local, or Tribal governments, in the aggregate, or by the private sector, of $100 million, adjusted for inflation, or more in any one year. ACL and CMS have determined that this rule does not result in the expenditure by State, local, and Tribal government in the aggregate or by the private sector of more than $100 million in any one year. G. Congressional Review This rule is not a major rule as defined in 5 U.S.C. Section 804(2). H. Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a policy or regulation may affect family wellbeing. If the agency's conclusion is affirmative, then the agency must prepare an impact assessment addressing seven criteria specified in the law. These regulations do not have an impact on family well-being as defined in the legislation. I. Executive Order 13132 Executive Order 13132 on ``federalism'' was signed August 4, 1999. The purposes of the Order are: ``. . . to guarantee the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution, to ensure that the principles of federalism established by the Framers guide the executive departments and agencies in the formulation and implementation of policies, and to further the policies of the Unfunded Mandates Reform Act . . .'' Executive Order 13132 applies to actions with federalism implications, which are actions that have substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. For actions that have federalism implications and preempt state law or have federalism implications and impose substantial compliance costs on states and local governments, the agency must consult with state and local officials before publishing the rule and include a federalism statement in the preamble. The Department certifies that this rule does not have a substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. ACL and CMS are not aware of any specific state laws that would be preempted by the adoption of the regulation. List of Subjects 42 CFR Part 403 Grant programs, Health insurance, Medicare, Reporting and recordkeeping requirements. 45 CFR Part 1331 Grant programs, health insurance, Medicare, reporting and recordkeeping requirements. Accordingly, the interim final rule amending 42 CFR part 403 and adding 45 CFR part 1331 that published on February 4, 2016 (81 FR 5917), is adopted as a final rule without change. Dated: April 29, 2016. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. Dated: May 12, 2016. Kathy Greenlee, Administrator, Administration for Community Living. Approved: May 26, 2016. Sylvia M. Burwell, Secretary, U.S. Department of Health and Human Services. [FR Doc. 2016-13136 Filed 6-2-16; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations 35643
Dated: May 26, 2016. Section 4360 of the Omnibus Budget impact on a substantial number of small
Alexis Strauss, Reconciliation Act (OBRA) of 1990 entities. The primary impact of this
Acting Regional Administrator, Region 9. (Pub. L. 101–508). This section of the regulation is on entities applying for
[FR Doc. 2016–13161 Filed 6–2–16; 8:45 am] law authorized the Centers for Medicare SHIP funding opportunities, specifically
BILLING CODE 6560–50–P
& Medicaid Services (CMS) to make researchers, States, public or private
grants to States to establish and agencies and organizations, institutions
maintain health insurance advisory of higher education, and Indian tribes
DEPARTMENT OF HEALTH AND service programs for Medicare and Tribal organizations. The regulation
HUMAN SERVICES beneficiaries. Grant funds were made does not have a significant economic
available to support information, impact on these entities.
Centers for Medicare & Medicaid counseling, and assistance activities
C. Paperwork Reduction Act of 1995
Services relating to Medicare, Medicaid, and
other related health insurance options In accordance with the Paperwork
42 CFR Part 403 such as: Medicare supplement Reduction Act of 1995 (44 U.S.C. Ch.
insurance, long-term care insurance, 3506; 5 CFR 1320 Appendix A.1) (PRA),
DEPARTMENT OF HEALTH AND managed care options, and other health ACL and CMS have determined that
HUMAN SERVICES insurance benefit information. In there are no new collections of
January 2014, in the Consolidated information contained in this final rule.
45 CFR Part 1331 Appropriations Act of 2014, Congress
D. Waiver of Proposed Rulemaking
transferred the funding for the SHIP
RIN 0985–AA11 program from CMS to the Under the Administrative Procedure
State Health Insurance Assistance Administration for Community Living Act (APA), ACL and CMS are required
Program (SHIP) (ACL). This transfer reflects the existing to publish a notice of proposed
formal and informal collaborations rulemaking and provide the public with
AGENCY: Administration for Community between the SHIP programs and the an opportunity to comment on proposed
Living (ACL), Department of Health and networks that ACL serves. regulations prior to establishing a final
Human Services (HHS) and Centers for On February 4, 2016, ACL and CMS rule unless it is determined for good
Medicare & Medicaid Services (CMS), issued an IFR (81 FR 5917) that cause that the notice and comment
HHS. transferred all provisions of the existing procedure is impracticable, unnecessary
ACTION: Final rule. SHIP regulations at 42 CFR part 403 or contrary to public interest. 5 U.S.C.
Subpart E, (§§ 403.500 through 403.512), 553(b). As noted previously, Congress
SUMMARY: The Department of Health and to a new part at 45 CFR 1331.1–1331.7. has already transferred the SHIP
Human Services is issuing a final The IFR also changed all references to program to ACL under the Consolidated
regulation that adopts, without change, CMS’ administration of the program to Appropriations Act of 2014. This final
the interim final rule (IFR) entitled ACL and made a technical change to rule makes no changes other than
‘‘State Health Insurance Assistance reflect new Uniform Administrative aligning the location of the regulations
Program (SHIP).’’ This final rule Requirements, Cost Principles, and within the Code of Federal Regulations
implements a provision enacted by the Audit Requirements for HHS Awards, with other ACL programs; amending the
Consolidated Appropriations Act of codified at 45 CFR part 75. This final name of the administering agency to
2014 and reflects the transfer of the rule adopts, without making any ACL; and updating a reference to new
State Health Insurance Assistance changes, the regulatory requirements Uniform Administrative Requirements,
Program (SHIP) from the Centers for established in the IFR. Cost Principles, and Audit
Medicare & Medicaid Services (CMS), in Requirements for HHS Awards, which
the Department of Health and Human II. Comments on the IFR
have already undergone notice and
Services (HHS) to the Administration HHS received one responsive comment rulemaking, therefore, there is
for Community Living (ACL) in HHS. comment to the IFR. The commenter good cause under 5 U.S.C. 553(b)(B) for
Prior to the interim final rule, prior expressed support for the rule and waiving proposed rulemaking as
regulations were issued by CMS under optimism for the new opportunities that unnecessary.
the authority granted by the Omnibus come with the SHIP’s transfer to ACL.
Budget Reconciliation Act of 1990 We are grateful for the commenter’s E. Waiver of Delayed Effective Date
(OBRA), Section 4360. support and look forward to continuing Agencies are required to delay the
DATES: Effective June 3, 2016. to improve the program’s effectiveness effective date of their final regulations
FOR FURTHER INFORMATION CONTACT: Josh and efficiency. by 30 days after publication, as required
Hodges, Administration for Community III. Regulatory Analysis under 5 U.S.C. 553(d), unless an
Living, telephone (202) 795–7364 exception under subsection (d) applies.
(Voice). This is not a toll-free number. A. Executive Order 12866 Under 5 U.S.C. 553(d), ACL and CMS
This document will be made available This rule is not being treated as a may waive the delayed effective date
in alternative formats upon request. ‘‘significant regulatory action’’ under requirement if they find good cause and
Written correspondence can be sent to section 3(f) of Executive Order 12866. explain the basis for the waiver in the
Administration for Community Living, Accordingly, the rule has not been final rulemaking document or if the
U.S. Department of Health and Human reviewed by the Office of Management regulations grant or recognize an
mstockstill on DSK3G9T082PROD with RULES
Services, 330 C St. SW., Washington, DC and Budget. exemption or relieve a restriction.
20201. In the present case, there is good
B. Regulatory Flexibility Analysis cause to waive the delayed effective
SUPPLEMENTARY INFORMATION:
The Secretary certifies under 5 U.S.C. date for this final rule, because the
I. Background 605(b), the Regulatory Flexibility Act substance of the regulation, other than
The State Health Insurance Assistance (Pub. L. 96–354), that this regulation the name of the administering agency, is
Program (SHIP) was created under will not have a significant economic identical to the current regulation.
VerDate Sep<11>2014 21:04 Jun 02, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\03JNR1.SGM 03JNR1](https://thefederalregister.org/doc/81_FR_35750/page/1.svg)
![35644 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations
F. Unfunded Mandates Reform Act The Department certifies that this rule No substantive changes to the text of the
Section 202 of the Unfunded does not have a substantial direct effect regulations are being made by this rule.
Mandates Reform Act of 1995 requires on States, on the relationship between DATES: This final rule is effective on July
that a covered agency prepare a the Federal government and the States, 1, 2016.
budgetary impact statement before or on the distribution of power and
responsibilities among the various FOR FURTHER INFORMATION CONTACT: Greg
promulgating a rule that includes any Pugh, Administration for Community
Federal mandate that may result in levels of government.
ACL and CMS are not aware of any Living, telephone (202) 795–7422
expenditures by State, local, or Tribal (Voice). This is not a toll-free number.
specific state laws that would be
governments, in the aggregate, or by the This document will be made available
preempted by the adoption of the
private sector, of $100 million, adjusted in alternative formats upon request.
regulation.
for inflation, or more in any one year. Written correspondence can be sent to
ACL and CMS have determined that this List of Subjects Administration for Community Living,
rule does not result in the expenditure U.S. Department of Health and Human
42 CFR Part 403
by State, local, and Tribal government Services, 330 C St. SW., Washington, DC
in the aggregate or by the private sector Grant programs, Health insurance,
20201.
of more than $100 million in any one Medicare, Reporting and recordkeeping
year. requirements. SUPPLEMENTARY INFORMATION: The
Administration for Community Living
G. Congressional Review 45 CFR Part 1331 (ACL) was created in 2012 by merging
This rule is not a major rule as Grant programs, health insurance, the HHS Administration on Aging
defined in 5 U.S.C. Section 804(2). Medicare, reporting and recordkeeping (AoA), Administration on Intellectual
requirements. and Developmental Disabilities (AIDD),
H. Assessment of Federal Regulations Accordingly, the interim final rule and the Office of Disability (Statement
and Policies on Families amending 42 CFR part 403 and adding of Organization Functions, and
Section 654 of the Treasury and 45 CFR part 1331 that published on Delegations of Authority;
General Government Appropriations February 4, 2016 (81 FR 5917), is Administration for Community Living,
Act of 1999 requires Federal agencies to adopted as a final rule without change. 77 FR 23250 (Apr. 28 2012)). This
determine whether a policy or Dated: April 29, 2016.
consolidation reflected these
regulation may affect family wellbeing. organizations’ shared mission to
Andrew M. Slavitt,
If the agency’s conclusion is affirmative, maximize the independence, well-being,
Acting Administrator, Centers for Medicare and health of older adults, people with
then the agency must prepare an impact & Medicaid Services.
assessment addressing seven criteria disabilities across the lifespan, and their
Dated: May 12, 2016. families and caregivers. Since the
specified in the law. These regulations
Kathy Greenlee, creation of ACL, a number of synergistic
do not have an impact on family well-
being as defined in the legislation. Administrator, Administration for programs have been transferred under
Community Living. its purview, including the State Health
I. Executive Order 13132 Approved: May 26, 2016. Insurance Assistance Programs (SHIPs)
Executive Order 13132 on Sylvia M. Burwell, from the Centers for Medicare and
‘‘federalism’’ was signed August 4, Secretary, U.S. Department of Health and Medicaid Services (CMS) (Department
1999. The purposes of the Order are: Human Services. of Health and Human Services
‘‘. . . to guarantee the division of [FR Doc. 2016–13136 Filed 6–2–16; 8:45 am] Appropriations Act, 2014, Public Law
governmental responsibilities between BILLING CODE 4120–01–P 113–76 (Jan 17, 2014)) and the National
the national government and the States Institute on Disability, Independent
that was intended by the Framers of the Living, and Rehabilitation Research
Constitution, to ensure that the DEPARTMENT OF HEALTH AND (NIDILRR) and the Independent Living
principles of federalism established by HUMAN SERVICES Administration from the Department of
the Framers guide the executive Education in 2014 (Workforce
departments and agencies in the 45 CFR Parts 1385, 1386, 1387, and Investment and Opportunity Act of
formulation and implementation of 1388 2014, Public Law 113–128 (July 22,
policies, and to further the policies of 2014)).
the Unfunded Mandates Reform Act Administration for Community Living Many of ACL’s component programs
. . .’’ Executive Order 13132 applies to and organizations had existing
actions with federalism implications, 45 CFR Parts 1321, 1322, 1323, 1324, regulations prior to their transfer. ACL
which are actions that have substantial 1325, 1326, 1327, and 1328 is consolidating these regulations in a
direct effect on States, on the single place to streamline
relationship between the Federal Administration for Community Living— administration and increase access and
government and the States, or on the Regulatory Consolidation transparency. This rule renames the
distribution of power and AGENCY: Administration for Community Administration on Aging’s subchapter C
responsibilities among the various Living (ACL), Department of Health and of chapter XIII, subtitle B, title 45 from
levels of government. For actions that Human Services (HHS). ‘‘The Administration on Aging, Older
have federalism implications and ACTION: Final rule; technical Americans Programs’’ to ‘‘The
mstockstill on DSK3G9T082PROD with RULES
preempt state law or have federalism amendments. Administration for Community Living.’’
implications and impose substantial It then rearranges the existing AoA rules
compliance costs on states and local SUMMARY: The Administration for sequentially. This rule also transfers the
governments, the agency must consult Community Living (ACL) is amending existing AIDD rules from subchapter I to
with state and local officials before its regulations to reflect the creation of ACL’s subchapter C. Conforming edits
publishing the rule and include a ACL in 2012 and consolidate all of its are made throughout in order to correct
federalism statement in the preamble. regulations under a single subchapter. internal citations.
VerDate Sep<11>2014 21:04 Jun 02, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\03JNR1.SGM 03JNR1](https://thefederalregister.org/doc/81_FR_35750/page/2.svg)
Document Created: 2018-02-08 07:29:57
Document Modified: 2018-02-08 07:29:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 3, 2016. | |
| Contact | Josh Hodges, Administration for Community Living, telephone (202) 795-7364 (Voice). This is not a toll- free number. This document will be made available in alternative formats upon request. Written correspondence can be sent to Administration for Community Living, U.S. Department of Health and Human Services, 330 C St. SW., Washington, DC 20201. | |
| FR Citation | 81 FR 35643 | |
| RIN Number | 0985-AA11 | |
| CFR Citation | 42
CFR
403 45 CFR 1331 | |
| CFR Associated | Grant Programs; Health Insurance; Medicare; Reporting and Recordkeeping Requirements; Health Insurance and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR