81_FR_40638 81 FR 40518 - Modification of Treatment of Certain Health Organizations

81 FR 40518 - Modification of Treatment of Certain Health Organizations

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40518-40521
FR Document2016-14784

This document contains final regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other organizations, on computing and applying the medical loss ratio and the consequences for not meeting the medical loss ratio threshold. The final regulations reflect the enactment of a technical correction to section 833(c)(5) of the Internal Revenue Code by the Consolidated and Further Continuing Appropriations Act of 2015. The final regulations affect Blue Cross and Blue Shield organizations, and certain other organizations involved in providing health insurance.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40518-40521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14784]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9772]
RIN 1545-BN15


Modification of Treatment of Certain Health Organizations

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: This document contains final regulations that provide guidance 
to Blue Cross and Blue Shield organizations, and certain other 
organizations, on computing and applying the medical loss ratio and the 
consequences for not meeting the medical loss ratio threshold. The 
final regulations reflect the enactment of a technical correction to 
section 833(c)(5) of the Internal Revenue Code by the Consolidated and 
Further Continuing Appropriations Act of 2015. The final regulations 
affect Blue Cross and Blue Shield organizations, and certain other 
organizations involved in providing health insurance.

DATES: Effective Date: These regulations are effective on June 22, 
2016.
    Applicability Date: For the date of applicability, see Sec.  1.833-
1(e).

FOR FUTHER INFORMATION CONTACT: Rebecca L. Baxter, at (202) 317-6995 
(not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    This Treasury decision contains final regulations that amend 26 CFR 
part 1 under section 833 of the Internal Revenue Code (the Code). 
Section 833(a) provides that Blue Cross and Blue Shield organizations, 
and certain other organizations involved in providing health insurance 
as described in section 833(c), are entitled to: (1) Treatment as stock 
insurance companies for purposes of sections 831 through 835 (related 
to taxation of non-life insurance companies generally); (2) a special 
deduction determined under section 833(b); and (3) computation of 
unearned premium reserves under section 832(b)(4) based on 100 percent, 
and not 80 percent, of unearned premiums for purposes of determining 
``insurance company taxable income'' under section 832.
    Section 833(c)(5) was added to the Code by section 9016 of the 
Patient Protection and Affordable Care Act (Pub. L. 111-148, 124 Stat. 
119) (the Affordable Care Act), effective for taxable years beginning 
after December 31, 2009. Section 833(c)(5), as enacted by the 
Affordable Care Act, provided that section 833 did not apply to any 
organization unless the organization's medical loss ratio (MLR) for the 
taxable year was at least 85 percent. For purposes of section 833, an 
organization's MLR was its percentage of total premium revenue expended 
on reimbursement for clinical services provided to enrollees under its 
policies during such taxable year (as reported under section 2718 of 
the Public Health Service Act (42 U.S.C. 300gg-18)).
    Section 2718 of the Public Health Service Act (PHSA) was added by 
section 1001 and amended by section 10101 of the Affordable Care Act. 
Section 2718 of the PHSA is administered by the Department of Health 
and Human Services. Section 2718(a) of the PHSA requires a health 
insurance issuer to submit a report for each plan year to the Secretary 
of the Department of Health and Human Services concerning the 
percentage of total premium revenue, after accounting for collections 
or receipts for risk adjustment and risk corridors and payments of 
reinsurance, that the issuer expends: (1) On reimbursement for clinical 
services provided to enrollees under such coverage; (2) for activities 
that improve health care quality; and (3) on all other non-claims 
costs, excluding federal and state taxes and licensing or regulatory 
fees.
    Section 2718(b) of the PHSA requires that a health insurance issuer 
offering group or individual health insurance coverage, with respect to 
each plan year, provide an annual rebate to each enrollee under such 
coverage, on a pro rata basis, if the ratio of the amount of the 
premium revenue the issuer expends on costs for reimbursement for 
clinical services provided to enrollees under such coverage and for 
activities that improve health care quality to the total amount of 
premium revenue (excluding federal and state taxes and licensing or 
regulatory fees and after accounting for payments or receipts for risk 
adjustment, risk corridors, and reinsurance under sections 1341, 1342, 
and 1343 of the Affordable Care Act (42 U.S.C. 18061, 18062, and 
18063)) for the plan year is less than a prescribed percentage. Section 
2718(b)(1)(B)(ii) of the PHSA provides that beginning on January 1, 
2014, the medical loss ratio computed under section 2718(b) of the PHSA 
shall be based on expenses and premium revenues for each of the 
previous three years of the plan.
    The Department of Health and Human Services published in the 
Federal Register (75 FR 74864) an interim final rule under section 2718 
of the PHSA on December 1, 2010, an interim final rule and final rule 
on December 7, 2011 (76 FR 76596 and 76574), and a final rule on May 
16, 2012 (77 FR 28790). These rules implementing section 2718 of the 
PHSA are codified at 45 CFR part 158 (HHS Regulations).
    On December 6, 2010, the Treasury Department and the IRS published 
Notice 2010-79 (2010-49 I.R.B. 809), which provided interim guidance 
and transitional relief to organizations under section 833(c)(5). The 
interim guidance applied to an organization's first taxable year 
beginning after December 31, 2009.
    The interim guidance provided that for purposes of determining 
whether an organization's percentage of total premium revenue expended 
on reimbursement for clinical services

[[Page 40519]]

provided to enrollees was at least 85 percent (and thus satisfied the 
requirement of section 833(c)(5)), organizations were required to use 
the definition of ``reimbursement for clinical services provided to 
enrollees'' set forth in the HHS Regulations. In addition, the interim 
guidance provided that for purposes of determining whether the 85-
percent requirement of section 833(c)(5) was satisfied, the IRS would 
not challenge the inclusion of amounts expended for ``activities that 
improve health care quality'' as described in the HHS Regulations.
    Notice 2010-79 also stated that the consequences for an 
organization with an MLR of less than 85 percent (an insufficient MLR) 
were as follows: (1) The organization would not be taxable as a stock 
insurance company by reason of section 833(a)(1) (but may have been 
taxable as an insurance company if it otherwise met the requirements of 
section 831(c)); (2) the organization would not be allowed the special 
deduction set forth in section 833(b); and (3) the organization would 
only take into account 80 percent, rather than 100 percent, of its 
unearned premiums for purposes of computing premiums earned on 
insurance contracts under section 832(b)(4). However, Notice 2010-79 
provided that solely for the first taxable year beginning after 
December 31, 2009, the IRS would not treat an organization as losing 
its status as a stock insurance company by reason of section 833(c)(5) 
provided the following conditions were met: (1) The organization was 
described in section 833(c) in the immediately preceding taxable year; 
(2) the organization would have been taxed as a stock insurance company 
for the current taxable year but for the enactment of section 
833(c)(5); and (3) the organization would have met the requirements of 
section 831(c) to be taxed as an insurance company for the current 
taxable year but for its activities in the administration, adjustment, 
or settlement of claims under cost-plus or administrative services-only 
contracts.
    On July 5, 2011, the Treasury Department and the IRS published 
Notice 2011-51 (2011-27 I.R.B. 36) extending the interim guidance and 
transitional relief provided in Notice 2010-79 to an organization's 
first taxable year beginning after December 31, 2010. On June 11, 2012, 
the Treasury Department and the IRS published Notice 2012-37 (2012-24 
I.R.B. 1014) extending the interim guidance and transitional relief 
provided in Notice 2010-79 and Notice 2011-51 through an organization's 
first taxable year beginning after December 31, 2012.
    On May 13, 2013, the Treasury Department and the IRS published in 
the Federal Register (78 FR 27873) a notice of proposed rulemaking 
(REG-126633-12) addressing the computation of an organization's MLR for 
purposes of section 833(c)(5) and the consequences of non-application 
of section 833 if an organization had an insufficient MLR. The proposed 
regulations provided that the numerator of an organization's MLR is the 
total premium revenue expended on ``reimbursement for clinical services 
provided to enrollees'' under its policies for the taxable year, but 
does not include amounts expended for ``activities that improve health 
care quality.'' In addition, the Treasury Department and the IRS 
concluded that, for administrative convenience and to be consistent 
with the MLR calculation under section 2718(b)(1)(B)(ii) of the PHSA, 
it was appropriate to compute the MLR for a taxable year under section 
833(c)(5) using the same three-year period used under section 2718(b) 
of the PHSA. Therefore, the proposed regulations provided that amounts 
used for purposes of section 833(c)(5) for each taxable year should be 
determined based upon amounts reported under section 2718 of the PHSA 
for that taxable year and the two preceding taxable years, subject to 
the same adjustments that apply for purposes of the PHSA. The proposed 
regulations also provided that if an organization has an insufficient 
MLR, then section 833(a) does not apply to that organization.
    On January 7, 2014, the Treasury Department and the IRS published 
in the Federal Register (79 FR 755) final regulations (TD 9651) 
adopting the provisions of the proposed regulations with certain 
modifications. These modifications included transition rules to phase 
in the same three-year period used under section 2718(b) of the PHSA to 
compute the MLR for a taxable year. Accordingly, the final regulations 
provide that for the first taxable year beginning after December 31, 
2013, an organization's MLR is computed on a one-year basis. For the 
first taxable year beginning after December 31, 2014, an organization's 
MLR is computed on a two-year basis. Finally, for the first taxable 
year beginning after December 31, 2015, and for all succeeding taxable 
years, the final regulations provide that an organization's MLR is 
determined based on amounts reported under section 2718 of the PHSA for 
that taxable year and the two preceding taxable years, subject to the 
same adjustments that apply for purposes of section 2718 of the PHSA. 
The final regulations apply to taxable years beginning after December 
31, 2013.
    Congress subsequently passed the Consolidated and Further 
Continuing Appropriations Act, 2015 (Pub. L. 113-235, 128 Stat. 2130) 
(the Appropriations Act), which was signed into law by the President on 
December 16, 2014. Section 102 of Division N of the Appropriations Act 
made a technical correction to section 833(c)(5) (the Technical 
Correction). The Technical Correction provides that in calculating its 
MLR numerator, an organization includes both the cost of reimbursement 
for clinical services and amounts expended for activities that improve 
health care quality. In addition, the Technical Correction provides 
that the consequences for not meeting the MLR threshold are only that 
section 833(a)(2) and (3) do not apply. Therefore, an organization with 
an insufficient MLR is treated as if it were a stock insurance company 
under section 833(a)(1). The Technical Correction applies to taxable 
years beginning after December 31, 2009.

Explanation of Provisions

    These final regulations restate Sec.  1.833-1 of the Income Tax 
Regulations (26 CFR part 1) and incorporate the Technical Correction. 
As explained in this preamble, the Technical Correction, in effect, 
retroactively amended the rules in the existing final regulations to 
determine the MLR and the consequences of an insufficient MLR. In order 
to avoid any confusion caused by the effect of the Technical Correction 
on the existing final regulations, the Treasury Department and the IRS 
are publishing the existing final regulations, as revised by the 
Technical Correction, in their entirety in this Treasury decision.

1. Determining the MLR

    Section 1.833-1 of the Income Tax Regulations generally provides 
that an organization's MLR with respect to a taxable year is the ratio, 
expressed as a percentage, of the organization's MLR numerator to its 
MLR denominator. Prior to the Technical Correction, the existing final 
regulations only included in the MLR numerator an organization's total 
premium revenue expended on reimbursement for clinical services 
provided to enrollees. Consistent with the Technical Correction, Sec.  
1.833-1(c)(1)(i) of these final regulations describes an organization's 
MLR numerator as the total premium revenue the organization expended on 
reimbursement for clinical services and activities that improve health 
care quality provided to enrollees under its

[[Page 40520]]

policies for the taxable year. For purposes of section 833(c)(5), these 
final regulations define the term ``activities that improve health care 
quality'' to have the same meaning as the term has in section 2718 of 
the PHSA and the regulations issued under that section (see 45 CFR 
158.150). In addition, consistent with the Technical Correction, the 
transition rules for computation of the MLR in Sec.  1.833-1(c)(2)(i) 
and (ii) of these final regulations include the premium revenue 
expended on activities that improve health care quality.

2. Consequences of an Insufficient MLR

    Consistent with the Technical Correction, these final regulations 
provide that the consequences for an organization described in section 
833(c) that has an MLR of less than 85 percent are the following: (1) 
The organization is not allowed the special deduction set forth in 
section 833(b); and (2) it must take into account 80 percent, rather 
than 100 percent, of its unearned premiums under section 832(b)(4). 
Unlike under the rule in the existing final regulations, an 
organization that has an MLR of less than 85 percent does not lose its 
eligibility to be treated as a stock insurance company under section 
833(a)(1).

Effective/Applicability Date

    These final regulations apply to taxable years beginning after 
December 31, 2016. However, taxpayers may rely on these final 
regulations for taxable years beginning after December 31, 2009.

Special Analyses

    Certain IRS regulations, including this one, are exempt from the 
requirement of Executive Order 12866, as supplemented and reaffirmed by 
Executive Order 13563. Therefore, a regulatory impact assessment is not 
required. It has also been determined that section 553(b) of the 
Administrative Procedure Act (APA) (5 U.S.C. chapter 5) does not apply 
to these regulations, and because the regulations do not impose a 
collection of information on small entities, the Regulatory Flexibility 
Act (5 U.S.C. chapter 6) does not apply.
    The Treasury Department and the IRS have determined that section 
553(b) of the APA does not apply to these regulations, including 
because good cause exists under section 553(b)(B) of the APA. Section 
553(b)(B) provides that an agency is not required to publish a notice 
of proposed rulemaking in the Federal Register when the agency, for 
good cause, finds that notice and public comment thereon are 
impracticable, unnecessary, or contrary to the public interest. The 
Treasury Department and the IRS have determined that notice and public 
comment are unnecessary inasmuch as these revisions (1) merely 
incorporate the Technical Correction by adding or removing language in 
the existing final regulations and make nonsubstantive conforming 
changes to reflect the Technical Correction and (2) provide taxpayers 
with immediate guidance. For the same reason, a delayed effective date 
is not required pursuant to section 553(d)(3) of the APA. Pursuant to 
section 7805(f)(3) of the Code, these final regulations were submitted 
to the Chief Counsel for Advocacy of the Small Business Administration 
for comments on its impact on small businesses, and no comments were 
received.

Drafting Information

    The principal author of these regulations is Rebecca L. Baxter, 
Office of Associate Chief Counsel (Financial Institutions & Products). 
However, other personnel from the Treasury Department and the IRS 
participated in their development.

Availability of IRS Documents

    The IRS notices and Treasury decisions cited in this preamble are 
made available by the Superintendent of Documents, U.S. Government 
Printing Office, Washington, DC 20402.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

PART 1--INCOME TAXES

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

    Authority:  26 U.S.C. 7805 * * *


0
Par. 2. Section 1.833-1 is revised to read as follows:


Sec.  1.833-1  Medical loss ratio under section 833(c)(5).

    (a) In general. Section 833(a)(2) and (3) do not apply to an 
organization unless the organization's medical loss ratio (MLR) for a 
taxable year is at least 85 percent. Paragraph (b) of this section 
provides definitions that apply for purposes of section 833(c)(5) and 
this section. Paragraph (c) of this section provides rules for 
computing an organization's MLR under section 833(c)(5). Paragraph (d) 
of this section addresses the treatment under section 833 of an 
organization that has an MLR of less than 85 percent. Paragraph (e) of 
this section provides the effective/applicability date.
    (b) Definitions. The following definitions apply for purposes of 
section 833(c)(5) and this section.
    (1) Activities that improve health care quality. The term 
activities that improve health care quality has the same meaning as 
that term has in section 300gg-18 of title 42, United States Code and 
the regulations issued under that section (see 45 CFR 158.150).
    (2) Reimbursement for clinical services. The term reimbursement for 
clinical services has the same meaning as that term has in section 
300gg-18 of title 42, United States Code and the regulations issued 
under that section (see 45 CFR 158.140).
    (3) Total premium revenue. The term total premium revenue means the 
total amount of premium revenue (excluding federal and state taxes and 
licensing or regulatory fees and after accounting for payments or 
receipts for risk adjustment, risk corridors, and reinsurance under 
sections 1341, 1342, and 1343 of the Patient Protection and Affordable 
Care Act, Public Law 111-148 (124 Stat. 119 (2010)) (42 U.S.C. 18061, 
18062, and 18063)) as those terms are used for purposes of section 
300gg 18(b) of title 42, United States Code and the regulations issued 
under that section (see 45 CFR part 158).
    (c) Computation of MLR under section 833(c)(5)--(1) In general. 
Starting with the first taxable year beginning after December 31, 2015, 
and for all succeeding taxable years, an organization's MLR with 
respect to a taxable year is the ratio, expressed as a percentage, of 
the MLR numerator, as described in paragraph (c)(1)(i) of this section, 
to the MLR denominator, as described in paragraph (c)(1)(ii) of this 
section.
    (i) MLR numerator. The numerator of an organization's MLR is the 
total premium revenue expended on reimbursement for clinical services 
and activities that improve health care quality provided to enrollees 
under its policies for the taxable year, computed using a three-year 
period in the same manner as those expenses are computed for the plan 
year for purposes of section 300gg-18(b) of title 42, United States 
Code and regulations issued under that section (see 45 CFR part 158).
    (ii) MLR denominator. The denominator of an organization's MLR is 
the organization's total premium revenue for the taxable year, computed 
using a three-year period in the same manner as the total premium 
revenue is

[[Page 40521]]

computed for the plan year for purposes of section 300gg-18(b) of title 
42, United States Code and regulations issued under that section (see 
45 CFR part 158).
    (2) Transition rules. The transition rules in paragraphs (c)(2)(i) 
and (ii) of this section apply solely for the first taxable year 
beginning after December 31, 2013, and the first taxable year beginning 
after December 31, 2014.
    (i) First taxable year beginning after December 31, 2013. For the 
first taxable year beginning after December 31, 2013, the numerator of 
an organization's MLR is the total premium revenue expended on 
reimbursement for clinical services and activities that improve health 
care quality provided to enrollees under its policies for the first 
taxable year beginning after December 31, 2013, and the denominator of 
an organization's MLR is the organization's total premium revenue for 
the first taxable year beginning after December 31, 2013.
    (ii) First taxable year beginning after December 31, 2014. For the 
first taxable year beginning after December 31, 2014, the numerator of 
an organization's MLR is the sum of the total premium revenue expended 
on reimbursement for clinical services and activities that improve 
health care quality provided to enrollees under its policies for the 
first taxable year beginning after December 31, 2013, and for the first 
taxable year beginning after December 31, 2014, and the denominator of 
an organization's MLR is the sum of the organization's total premium 
revenue for the first taxable year beginning after December 31, 2013, 
and for the first taxable year beginning after December 31, 2014.
    (d) Failure to qualify under section 833(c)(5)--(1) In general. If, 
for any taxable year, an organization's MLR is less than 85 percent, 
then beginning in that taxable year and for each subsequent taxable 
year for which the organization's MLR remains less than 85 percent, 
paragraphs (d)(1)(i) and (ii) of this section apply.
    (i) Special deduction. The organization is not allowed the special 
deduction set forth in section 833(b).
    (ii) Premiums earned. The organization must take into account 80 
percent, rather than 100 percent, of its unearned premiums under 
section 832(b)(4) as it applies to other non-life insurance companies.
    (2) No material change. An organization's loss of eligibility for 
the treatment provided by sections 833(a)(2) and (3) solely by reason 
of section 833(c)(5) will not be treated as a material change in the 
operations of such organization or in its structure for purposes of 
section 833(c)(2)(C).
    (e) Effective/applicability date. This section applies to taxable 
years beginning after December 31, 2016. However, taxpayers may rely on 
this section for taxable years beginning after December 31, 2009.

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
    Approved: May 18, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2016-14784 Filed 6-21-16; 8:45 am]
 BILLING CODE 4830-01-P



                                              40518            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              use under § 1271.45(c) even when the                    consequences for not meeting the                       Health and Human Services. Section
                                              applicable donor eligibility                            medical loss ratio threshold. The final                2718(a) of the PHSA requires a health
                                              requirements under subpart C of this                    regulations reflect the enactment of a                 insurance issuer to submit a report for
                                              part are not met. Nothing in this                       technical correction to section 833(c)(5)              each plan year to the Secretary of the
                                              paragraph creates an exception for                      of the Internal Revenue Code by the                    Department of Health and Human
                                              deficiencies that occurred in making the                Consolidated and Further Continuing                    Services concerning the percentage of
                                              donor eligibility determination for                     Appropriations Act of 2015. The final                  total premium revenue, after accounting
                                              either the oocyte donor or the semen                    regulations affect Blue Cross and Blue                 for collections or receipts for risk
                                              donor as required under § 1271.45(b), or                Shield organizations, and certain other                adjustment and risk corridors and
                                              for deficiencies in performing donor                    organizations involved in providing                    payments of reinsurance, that the issuer
                                              screening or testing, as required under                 health insurance.                                      expends: (1) On reimbursement for
                                              §§ 1271.75, 1271.80, and 1271.85.                       DATES: Effective Date: These regulations               clinical services provided to enrollees
                                                 (c) Required labeling. As applicable,                are effective on June 22, 2016.                        under such coverage; (2) for activities
                                              you must prominently label an HCT/P                       Applicability Date: For the date of                  that improve health care quality; and (3)
                                              described in paragraphs (a) and (b) of                  applicability, see § 1.833–1(e).                       on all other non-claims costs, excluding
                                              this section as follows:                                FOR FUTHER INFORMATION CONTACT:
                                                                                                                                                             federal and state taxes and licensing or
                                              *      *     *     *    *                               Rebecca L. Baxter, at (202) 317–6995                   regulatory fees.
                                                 (2) ‘‘NOT EVALUATED FOR                                                                                        Section 2718(b) of the PHSA requires
                                                                                                      (not a toll-free number).
                                                                                                                                                             that a health insurance issuer offering
                                              INFECTIOUS SUBSTANCES,’’ unless                         SUPPLEMENTARY INFORMATION:                             group or individual health insurance
                                              you have performed all otherwise
                                                                                                      Background                                             coverage, with respect to each plan year,
                                              applicable screening and testing under
                                                                                                                                                             provide an annual rebate to each
                                              §§ 1271.75, 1271.80, and 1271.85. This                    This Treasury decision contains final                enrollee under such coverage, on a pro
                                              paragraph does not apply to                             regulations that amend 26 CFR part 1                   rata basis, if the ratio of the amount of
                                              reproductive cells or tissue labeled in                 under section 833 of the Internal                      the premium revenue the issuer
                                              accordance with paragraph (c)(6) of this                Revenue Code (the Code). Section 833(a)                expends on costs for reimbursement for
                                              section.                                                provides that Blue Cross and Blue                      clinical services provided to enrollees
                                              *      *     *     *    *                               Shield organizations, and certain other                under such coverage and for activities
                                                 (6) ‘‘Advise recipient that screening                organizations involved in providing                    that improve health care quality to the
                                              and testing of the donor(s) were not                    health insurance as described in section               total amount of premium revenue
                                              performed at the time of recovery or                    833(c), are entitled to: (1) Treatment as              (excluding federal and state taxes and
                                              cryopreservation of the reproductive                    stock insurance companies for purposes                 licensing or regulatory fees and after
                                              cells or tissue, but have been performed                of sections 831 through 835 (related to                accounting for payments or receipts for
                                              subsequently,’’ for paragraphs (a)(3) or                taxation of non-life insurance                         risk adjustment, risk corridors, and
                                              (a)(4) of this section.                                 companies generally); (2) a special                    reinsurance under sections 1341, 1342,
                                                                                                      deduction determined under section                     and 1343 of the Affordable Care Act (42
                                              § 1271.370                                              833(b); and (3) computation of unearned                U.S.C. 18061, 18062, and 18063)) for the
                                              ■ 3. Amend § 1271.370(b)(4) by                          premium reserves under section                         plan year is less than a prescribed
                                              removing ‘‘§ 1271.90(b)’’ and by adding                 832(b)(4) based on 100 percent, and not                percentage. Section 2718(b)(1)(B)(ii) of
                                              in its place ‘‘§ 1271.90(c)’’.                          80 percent, of unearned premiums for                   the PHSA provides that beginning on
                                                Dated: June 16, 2016.
                                                                                                      purposes of determining ‘‘insurance                    January 1, 2014, the medical loss ratio
                                                                                                      company taxable income’’ under section                 computed under section 2718(b) of the
                                              Leslie Kux,
                                                                                                      832.                                                   PHSA shall be based on expenses and
                                              Associate Commissioner for Policy.                        Section 833(c)(5) was added to the                   premium revenues for each of the
                                              [FR Doc. 2016–14721 Filed 6–21–16; 8:45 am]             Code by section 9016 of the Patient                    previous three years of the plan.
                                              BILLING CODE 4164–01–P                                  Protection and Affordable Care Act                        The Department of Health and Human
                                                                                                      (Pub. L. 111–148, 124 Stat. 119) (the                  Services published in the Federal
                                                                                                      Affordable Care Act), effective for                    Register (75 FR 74864) an interim final
                                              DEPARTMENT OF THE TREASURY                              taxable years beginning after December                 rule under section 2718 of the PHSA on
                                                                                                      31, 2009. Section 833(c)(5), as enacted                December 1, 2010, an interim final rule
                                              Internal Revenue Service                                by the Affordable Care Act, provided                   and final rule on December 7, 2011 (76
                                                                                                      that section 833 did not apply to any                  FR 76596 and 76574), and a final rule
                                              26 CFR Part 1                                           organization unless the organization’s                 on May 16, 2012 (77 FR 28790). These
                                              [TD 9772]                                               medical loss ratio (MLR) for the taxable               rules implementing section 2718 of the
                                                                                                      year was at least 85 percent. For                      PHSA are codified at 45 CFR part 158
                                              RIN 1545–BN15                                           purposes of section 833, an                            (HHS Regulations).
                                              Modification of Treatment of Certain                    organization’s MLR was its percentage                     On December 6, 2010, the Treasury
                                              Health Organizations                                    of total premium revenue expended on                   Department and the IRS published
                                                                                                      reimbursement for clinical services                    Notice 2010–79 (2010–49 I.R.B. 809),
                                              AGENCY:  Internal Revenue Service (IRS),                provided to enrollees under its policies               which provided interim guidance and
                                              Treasury.                                               during such taxable year (as reported                  transitional relief to organizations under
                                              ACTION: Final regulations.                              under section 2718 of the Public Health                section 833(c)(5). The interim guidance
sradovich on DSK3TPTVN1PROD with RULES




                                                                                                      Service Act (42 U.S.C. 300gg–18)).                     applied to an organization’s first taxable
                                              SUMMARY:  This document contains final                    Section 2718 of the Public Health                    year beginning after December 31, 2009.
                                              regulations that provide guidance to                    Service Act (PHSA) was added by                           The interim guidance provided that
                                              Blue Cross and Blue Shield                              section 1001 and amended by section                    for purposes of determining whether an
                                              organizations, and certain other                        10101 of the Affordable Care Act.                      organization’s percentage of total
                                              organizations, on computing and                         Section 2718 of the PHSA is                            premium revenue expended on
                                              applying the medical loss ratio and the                 administered by the Department of                      reimbursement for clinical services


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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                          40519

                                              provided to enrollees was at least 85                      On May 13, 2013, the Treasury                       regulations apply to taxable years
                                              percent (and thus satisfied the                         Department and the IRS published in                    beginning after December 31, 2013.
                                              requirement of section 833(c)(5)),                      the Federal Register (78 FR 27873) a                      Congress subsequently passed the
                                              organizations were required to use the                  notice of proposed rulemaking (REG–                    Consolidated and Further Continuing
                                              definition of ‘‘reimbursement for                       126633–12) addressing the computation                  Appropriations Act, 2015 (Pub. L. 113–
                                              clinical services provided to enrollees’’               of an organization’s MLR for purposes of               235, 128 Stat. 2130) (the Appropriations
                                              set forth in the HHS Regulations. In                    section 833(c)(5) and the consequences                 Act), which was signed into law by the
                                              addition, the interim guidance provided                 of non-application of section 833 if an                President on December 16, 2014.
                                              that for purposes of determining                        organization had an insufficient MLR.                  Section 102 of Division N of the
                                              whether the 85-percent requirement of                   The proposed regulations provided that                 Appropriations Act made a technical
                                              section 833(c)(5) was satisfied, the IRS                the numerator of an organization’s MLR                 correction to section 833(c)(5) (the
                                              would not challenge the inclusion of                    is the total premium revenue expended                  Technical Correction). The Technical
                                              amounts expended for ‘‘activities that                  on ‘‘reimbursement for clinical services               Correction provides that in calculating
                                              improve health care quality’’ as                                                                               its MLR numerator, an organization
                                                                                                      provided to enrollees’’ under its policies
                                              described in the HHS Regulations.                                                                              includes both the cost of reimbursement
                                                                                                      for the taxable year, but does not
                                                 Notice 2010–79 also stated that the                                                                         for clinical services and amounts
                                                                                                      include amounts expended for
                                              consequences for an organization with                                                                          expended for activities that improve
                                                                                                      ‘‘activities that improve health care                  health care quality. In addition, the
                                              an MLR of less than 85 percent (an                      quality.’’ In addition, the Treasury
                                              insufficient MLR) were as follows: (1)                                                                         Technical Correction provides that the
                                                                                                      Department and the IRS concluded that,                 consequences for not meeting the MLR
                                              The organization would not be taxable                   for administrative convenience and to
                                              as a stock insurance company by reason                                                                         threshold are only that section 833(a)(2)
                                                                                                      be consistent with the MLR calculation                 and (3) do not apply. Therefore, an
                                              of section 833(a)(1) (but may have been                 under section 2718(b)(1)(B)(ii) of the
                                              taxable as an insurance company if it                                                                          organization with an insufficient MLR is
                                                                                                      PHSA, it was appropriate to compute                    treated as if it were a stock insurance
                                              otherwise met the requirements of                       the MLR for a taxable year under section
                                              section 831(c)); (2) the organization                                                                          company under section 833(a)(1). The
                                                                                                      833(c)(5) using the same three-year                    Technical Correction applies to taxable
                                              would not be allowed the special                        period used under section 2718(b) of the               years beginning after December 31,
                                              deduction set forth in section 833(b);                  PHSA. Therefore, the proposed                          2009.
                                              and (3) the organization would only take                regulations provided that amounts used
                                              into account 80 percent, rather than 100                for purposes of section 833(c)(5) for                  Explanation of Provisions
                                              percent, of its unearned premiums for                   each taxable year should be determined                   These final regulations restate
                                              purposes of computing premiums                          based upon amounts reported under                      § 1.833–1 of the Income Tax Regulations
                                              earned on insurance contracts under                     section 2718 of the PHSA for that                      (26 CFR part 1) and incorporate the
                                              section 832(b)(4). However, Notice                      taxable year and the two preceding                     Technical Correction. As explained in
                                              2010–79 provided that solely for the                    taxable years, subject to the same                     this preamble, the Technical Correction,
                                              first taxable year beginning after                                                                             in effect, retroactively amended the
                                                                                                      adjustments that apply for purposes of
                                              December 31, 2009, the IRS would not                                                                           rules in the existing final regulations to
                                                                                                      the PHSA. The proposed regulations
                                              treat an organization as losing its status                                                                     determine the MLR and the
                                                                                                      also provided that if an organization has
                                              as a stock insurance company by reason                                                                         consequences of an insufficient MLR. In
                                                                                                      an insufficient MLR, then section 833(a)
                                              of section 833(c)(5) provided the                                                                              order to avoid any confusion caused by
                                                                                                      does not apply to that organization.
                                              following conditions were met: (1) The                                                                         the effect of the Technical Correction on
                                              organization was described in section                      On January 7, 2014, the Treasury
                                                                                                                                                             the existing final regulations, the
                                              833(c) in the immediately preceding                     Department and the IRS published in
                                                                                                                                                             Treasury Department and the IRS are
                                              taxable year; (2) the organization would                the Federal Register (79 FR 755) final                 publishing the existing final regulations,
                                              have been taxed as a stock insurance                    regulations (TD 9651) adopting the                     as revised by the Technical Correction,
                                              company for the current taxable year but                provisions of the proposed regulations                 in their entirety in this Treasury
                                              for the enactment of section 833(c)(5);                 with certain modifications. These                      decision.
                                              and (3) the organization would have met                 modifications included transition rules
                                              the requirements of section 831(c) to be                to phase in the same three-year period                 1. Determining the MLR
                                              taxed as an insurance company for the                   used under section 2718(b) of the PHSA                    Section 1.833–1 of the Income Tax
                                              current taxable year but for its activities             to compute the MLR for a taxable year.                 Regulations generally provides that an
                                              in the administration, adjustment, or                   Accordingly, the final regulations                     organization’s MLR with respect to a
                                              settlement of claims under cost-plus or                 provide that for the first taxable year                taxable year is the ratio, expressed as a
                                              administrative services-only contracts.                 beginning after December 31, 2013, an                  percentage, of the organization’s MLR
                                                 On July 5, 2011, the Treasury                        organization’s MLR is computed on a                    numerator to its MLR denominator.
                                              Department and the IRS published                        one-year basis. For the first taxable year             Prior to the Technical Correction, the
                                              Notice 2011–51 (2011–27 I.R.B. 36)                      beginning after December 31, 2014, an                  existing final regulations only included
                                              extending the interim guidance and                      organization’s MLR is computed on a                    in the MLR numerator an organization’s
                                              transitional relief provided in Notice                  two-year basis. Finally, for the first                 total premium revenue expended on
                                              2010–79 to an organization’s first                      taxable year beginning after December                  reimbursement for clinical services
                                              taxable year beginning after December                   31, 2015, and for all succeeding taxable               provided to enrollees. Consistent with
                                              31, 2010. On June 11, 2012, the Treasury                years, the final regulations provide that              the Technical Correction, § 1.833–
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                                              Department and the IRS published                        an organization’s MLR is determined                    1(c)(1)(i) of these final regulations
                                              Notice 2012–37 (2012–24 I.R.B. 1014)                    based on amounts reported under                        describes an organization’s MLR
                                              extending the interim guidance and                      section 2718 of the PHSA for that                      numerator as the total premium revenue
                                              transitional relief provided in Notice                  taxable year and the two preceding                     the organization expended on
                                              2010–79 and Notice 2011–51 through an                   taxable years, subject to the same                     reimbursement for clinical services and
                                              organization’s first taxable year                       adjustments that apply for purposes of                 activities that improve health care
                                              beginning after December 31, 2012.                      section 2718 of the PHSA. The final                    quality provided to enrollees under its


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                                              40520            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              policies for the taxable year. For                      unnecessary, or contrary to the public                 addresses the treatment under section
                                              purposes of section 833(c)(5), these final              interest. The Treasury Department and                  833 of an organization that has an MLR
                                              regulations define the term ‘‘activities                the IRS have determined that notice and                of less than 85 percent. Paragraph (e) of
                                              that improve health care quality’’ to                   public comment are unnecessary                         this section provides the effective/
                                              have the same meaning as the term has                   inasmuch as these revisions (1) merely                 applicability date.
                                              in section 2718 of the PHSA and the                     incorporate the Technical Correction by                   (b) Definitions. The following
                                              regulations issued under that section                   adding or removing language in the                     definitions apply for purposes of section
                                              (see 45 CFR 158.150). In addition,                      existing final regulations and make                    833(c)(5) and this section.
                                              consistent with the Technical                           nonsubstantive conforming changes to                      (1) Activities that improve health care
                                              Correction, the transition rules for                    reflect the Technical Correction and (2)               quality. The term activities that improve
                                              computation of the MLR in § 1.833–                      provide taxpayers with immediate                       health care quality has the same
                                              1(c)(2)(i) and (ii) of these final                      guidance. For the same reason, a                       meaning as that term has in section
                                              regulations include the premium                         delayed effective date is not required                 300gg–18 of title 42, United States Code
                                              revenue expended on activities that                     pursuant to section 553(d)(3) of the                   and the regulations issued under that
                                              improve health care quality.                            APA. Pursuant to section 7805(f)(3) of                 section (see 45 CFR 158.150).
                                                                                                      the Code, these final regulations were                    (2) Reimbursement for clinical
                                              2. Consequences of an Insufficient MLR                                                                         services. The term reimbursement for
                                                                                                      submitted to the Chief Counsel for
                                                 Consistent with the Technical                        Advocacy of the Small Business                         clinical services has the same meaning
                                              Correction, these final regulations                     Administration for comments on its                     as that term has in section 300gg–18 of
                                              provide that the consequences for an                    impact on small businesses, and no                     title 42, United States Code and the
                                              organization described in section 833(c)                comments were received.                                regulations issued under that section
                                              that has an MLR of less than 85 percent                                                                        (see 45 CFR 158.140).
                                              are the following: (1) The organization                 Drafting Information                                      (3) Total premium revenue. The term
                                              is not allowed the special deduction set                  The principal author of these                        total premium revenue means the total
                                              forth in section 833(b); and (2) it must                regulations is Rebecca L. Baxter, Office               amount of premium revenue (excluding
                                              take into account 80 percent, rather than               of Associate Chief Counsel (Financial                  federal and state taxes and licensing or
                                              100 percent, of its unearned premiums                   Institutions & Products). However, other               regulatory fees and after accounting for
                                              under section 832(b)(4). Unlike under                   personnel from the Treasury                            payments or receipts for risk
                                              the rule in the existing final regulations,             Department and the IRS participated in                 adjustment, risk corridors, and
                                              an organization that has an MLR of less                 their development.                                     reinsurance under sections 1341, 1342,
                                              than 85 percent does not lose its                                                                              and 1343 of the Patient Protection and
                                              eligibility to be treated as a stock                    Availability of IRS Documents                          Affordable Care Act, Public Law 111–
                                              insurance company under section                           The IRS notices and Treasury                         148 (124 Stat. 119 (2010)) (42 U.S.C.
                                              833(a)(1).                                              decisions cited in this preamble are                   18061, 18062, and 18063)) as those
                                                                                                      made available by the Superintendent of                terms are used for purposes of section
                                              Effective/Applicability Date                                                                                   300gg 18(b) of title 42, United States
                                                                                                      Documents, U.S. Government Printing
                                                These final regulations apply to                      Office, Washington, DC 20402.                          Code and the regulations issued under
                                              taxable years beginning after December                                                                         that section (see 45 CFR part 158).
                                              31, 2016. However, taxpayers may rely                   List of Subjects in 26 CFR Part 1                         (c) Computation of MLR under section
                                              on these final regulations for taxable                    Income taxes, Reporting and                          833(c)(5)—(1) In general. Starting with
                                              years beginning after December 31,                      recordkeeping requirements.                            the first taxable year beginning after
                                              2009.                                                                                                          December 31, 2015, and for all
                                                                                                      Adoption of Amendments to the                          succeeding taxable years, an
                                              Special Analyses                                        Regulations                                            organization’s MLR with respect to a
                                                Certain IRS regulations, including this                 Accordingly, 26 CFR part 1 is                        taxable year is the ratio, expressed as a
                                              one, are exempt from the requirement of                 amended as follows:                                    percentage, of the MLR numerator, as
                                              Executive Order 12866, as                                                                                      described in paragraph (c)(1)(i) of this
                                              supplemented and reaffirmed by                          PART 1—INCOME TAXES                                    section, to the MLR denominator, as
                                              Executive Order 13563. Therefore, a                                                                            described in paragraph (c)(1)(ii) of this
                                              regulatory impact assessment is not                     ■ Paragraph 1. The authority citation
                                                                                                                                                             section.
                                              required. It has also been determined                   for part 1 continues to read in part as                   (i) MLR numerator. The numerator of
                                              that section 553(b) of the Administrative               follows:                                               an organization’s MLR is the total
                                              Procedure Act (APA) (5 U.S.C. chapter                       Authority: 26 U.S.C. 7805 * * *                    premium revenue expended on
                                              5) does not apply to these regulations,                 ■ Par. 2. Section 1.833–1 is revised to                reimbursement for clinical services and
                                              and because the regulations do not                      read as follows:                                       activities that improve health care
                                              impose a collection of information on                                                                          quality provided to enrollees under its
                                              small entities, the Regulatory Flexibility              § 1.833–1 Medical loss ratio under section             policies for the taxable year, computed
                                              Act (5 U.S.C. chapter 6) does not apply.                833(c)(5).                                             using a three-year period in the same
                                                The Treasury Department and the IRS                     (a) In general. Section 833(a)(2) and                manner as those expenses are computed
                                              have determined that section 553(b) of                  (3) do not apply to an organization                    for the plan year for purposes of section
                                              the APA does not apply to these                         unless the organization’s medical loss                 300gg–18(b) of title 42, United States
                                              regulations, including because good                     ratio (MLR) for a taxable year is at least             Code and regulations issued under that
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                                              cause exists under section 553(b)(B) of                 85 percent. Paragraph (b) of this section              section (see 45 CFR part 158).
                                              the APA. Section 553(b)(B) provides                     provides definitions that apply for                       (ii) MLR denominator. The
                                              that an agency is not required to publish               purposes of section 833(c)(5) and this                 denominator of an organization’s MLR
                                              a notice of proposed rulemaking in the                  section. Paragraph (c) of this section                 is the organization’s total premium
                                              Federal Register when the agency, for                   provides rules for computing an                        revenue for the taxable year, computed
                                              good cause, finds that notice and public                organization’s MLR under section                       using a three-year period in the same
                                              comment thereon are impracticable,                      833(c)(5). Paragraph (d) of this section               manner as the total premium revenue is


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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                          40521

                                              computed for the plan year for purposes                   (e) Effective/applicability date. This               313–568–9508, email
                                              of section 300gg–18(b) of title 42, United              section applies to taxable years                       Todd.M.Manow@uscg.mil.
                                              States Code and regulations issued                      beginning after December 31, 2016.                     SUPPLEMENTARY INFORMATION:
                                              under that section (see 45 CFR part 158).               However, taxpayers may rely on this
                                                 (2) Transition rules. The transition                 section for taxable years beginning after              I. Table of Abbreviations
                                              rules in paragraphs (c)(2)(i) and (ii) of               December 31, 2009.                                     CFR Code of Federal Regulations
                                              this section apply solely for the first                                                                        COTP Captain of the Port
                                                                                                      John Dalrymple,
                                              taxable year beginning after December                                                                          DHS Department of Homeland Security
                                                                                                      Deputy Commissioner for Services and                   E.O. Executive Order
                                              31, 2013, and the first taxable year
                                                                                                      Enforcement.                                           FR Federal Register
                                              beginning after December 31, 2014.
                                                                                                        Approved: May 18, 2016.                              NAD 83 North American Datum of 1983
                                                 (i) First taxable year beginning after
                                                                                                      Mark J. Mazur,                                         NPRM Notice of Proposed Rulemaking
                                              December 31, 2013. For the first taxable
                                                                                                      Assistant Secretary of the Treasury (Tax               U.S.C. United States Code
                                              year beginning after December 31, 2013,
                                              the numerator of an organization’s MLR                  Policy).                                               II. Background Information and
                                              is the total premium revenue expended                   [FR Doc. 2016–14784 Filed 6–21–16; 8:45 am]            Regulatory History
                                              on reimbursement for clinical services                  BILLING CODE 4830–01–P
                                                                                                                                                                On February 10, 2016, the Tuskegee
                                              and activities that improve health care                                                                        Airmen National Historical Museum
                                              quality provided to enrollees under its                                                                        submitted an application for a marine
                                              policies for the first taxable year                     DEPARTMENT OF HOMELAND                                 event for an aerial display spanning
                                              beginning after December 31, 2013, and                  SECURITY                                               three days in conjunction with the
                                              the denominator of an organization’s                                                                           Detroit River Days Festival on June 24,
                                              MLR is the organization’s total premium                 Coast Guard
                                                                                                                                                             25, and 26, 2016. A safety zone is
                                              revenue for the first taxable year                                                                             required by the Federal Aviation
                                              beginning after December 31, 2013.                      33 CFR Part 165
                                                                                                                                                             Administration to separate aircraft from
                                                 (ii) First taxable year beginning after              [Docket No. USCG–2016–0460]                            persons and property on the ground or
                                              December 31, 2014. For the first taxable                                                                       water’s surface for all air shows. For the
                                                                                                      RIN 1625–AA00
                                              year beginning after December 31, 2014,                                                                        purposes of this event, the Coast Guard
                                              the numerator of an organization’s MLR                  Safety Zone; Detroit River Days Air                    is establishing a safety zone around the
                                              is the sum of the total premium revenue                 Show, Detroit River, Detroit, MI                       proposed flight path and a standoff zone
                                              expended on reimbursement for clinical                                                                         between the flight path and the shore,
                                              services and activities that improve                    AGENCY:    Coast Guard, DHS.                           matching the safety zone created for this
                                              health care quality provided to enrollees               ACTION:   Temporary final rule.                        same event in 2015 [USCG–2015–0491].
                                              under its policies for the first taxable
                                              year beginning after December 31, 2013,                 SUMMARY:    The Coast Guard is                         III. Legal Authority and Need for Rule
                                              and for the first taxable year beginning                establishing a temporary safety zone on
                                                                                                                                                                The Coast Guard is issuing this rule
                                              after December 31, 2014, and the                        the waters of the Detroit River in the
                                                                                                                                                             under authority in 33 U.S.C. 1231, 33
                                              denominator of an organization’s MLR                    vicinity of Detroit, MI. This zone is
                                                                                                                                                             CFR 1.05–1 and 160.5; and Department
                                              is the sum of the organization’s total                  intended to restrict and control
                                                                                                                                                             of Homeland Security Delegation No.
                                              premium revenue for the first taxable                   movement of vessels in a portion of the
                                                                                                                                                             0170.1. Having reviewed the application
                                              year beginning after December 31, 2013,                 Detroit River. This zone is necessary to
                                                                                                                                                             for a marine event submitted by the
                                              and for the first taxable year beginning                protect spectators and vessels from
                                                                                                                                                             sponsor on February 10, 2016, the
                                              after December 31, 2014.                                potential hazards associated with the
                                                                                                                                                             Captain of the Port Detroit (COTP) has
                                                 (d) Failure to qualify under section                 Detroit River Days Air Show.
                                                                                                                                                             determined that an aircraft aerial
                                              833(c)(5)—(1) In general. If, for any                   DATES: This temporary final rule is                    display proximate to a gathering of
                                              taxable year, an organization’s MLR is                  effective from 12:30 p.m. on June 24,                  watercraft poses a significant risk to
                                              less than 85 percent, then beginning in                 2016 until 6:30 p.m. on June 26, 2016.                 public safety and property. Such
                                              that taxable year and for each                          ADDRESSES: Documents indicated in this                 hazards include potential aircraft
                                              subsequent taxable year for which the                   preamble as being available in the                     malfunctions, loud noise levels, and
                                              organization’s MLR remains less than 85                 docket are part of docket USCG–2016–                   waterway distractions. Therefore, the
                                              percent, paragraphs (d)(1)(i) and (ii) of               0460 and are available online by going                 COTP is establishing a safety zone
                                              this section apply.                                     to www.regulations.gov, type the docket                around the event location to help
                                                 (i) Special deduction. The                           number in the ‘‘SEARCH’’ box and click                 minimize risks to safety of life and
                                              organization is not allowed the special                 ‘‘SEARCH.’’ Click on Open Docket                       property during this event.
                                              deduction set forth in section 833(b).                  Folder on the line associated with this                   The Coast Guard is issuing this
                                                 (ii) Premiums earned. The                            rulemaking. They are also available for                temporary final rule without prior
                                              organization must take into account 80                  inspection or copying at the Docket                    notice and opportunity to comment
                                              percent, rather than 100 percent, of its                Management Facility (M–30), U.S.                       pursuant to authority under section 4(a)
                                              unearned premiums under section                         Department of Transportation, West                     of the Administrative Procedure Act
                                              832(b)(4) as it applies to other non-life               Building Ground floor, Room W12–140,                   (APA) (5 U.S.C. 553(b)). This provision
                                              insurance companies.                                    1200 New Jersey Avenue SE.,                            authorizes an agency to issue a rule
                                                 (2) No material change. An                           Washington, DC 20590, between 9 a.m.                   without prior notice and opportunity to
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                                              organization’s loss of eligibility for the              and 5 p.m., Monday through Friday,                     comment when the agency for good
                                              treatment provided by sections 833(a)(2)                except Federal holidays.                               cause finds that those procedures are
                                              and (3) solely by reason of section                     FOR FURTHER INFORMATION CONTACT: If                    ‘‘impracticable, unnecessary, or contrary
                                              833(c)(5) will not be treated as a                      you have questions on this temporary                   to the public interest.’’ Under 5 U.S.C.
                                              material change in the operations of                    final rule, call or email Petty Officer                553(b)(B), the Coast Guard finds that
                                              such organization or in its structure for               Todd Manow, Prevention Department,                     good cause exists for not publishing a
                                              purposes of section 833(c)(2)(C).                       Sector Detroit, Coast Guard; telephone                 notice of proposed rulemaking with


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Document Created: 2016-06-22 01:06:18
Document Modified: 2016-06-22 01:06:18
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 regulations.
FR Citation81 FR 40518 
RIN Number1545-BN15
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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