81 FR 47045 - Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Correcting Amendment
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 81, Issue 139 (July 20, 2016)
Centers for Medicare & Medicaid Services
Federal Register Volume 81, Issue 139 (July 20, 2016)
| Page Range | 47045-47046 | |
| FR Document | 2016-17157 |
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)] [Rules and Regulations] [Pages 47045-47046] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17157] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 457 [CMS-2390-F2] RIN-0938-AS25 Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Correcting Amendment AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document corrects a technical error that appeared in the final rule published in the May 6, 2016 Federal Register (81 FR 27498 through 27901) entitled, ``Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability.'' The effective date for the rule was July 5, 2016. DATES: Effective Date: This correcting document is effective July 18, 2016. Applicability Date: The corrections indicated in this document are applicable beginning July 5, 2016. FOR FURTHER INFORMATION CONTACT: Melissa Williams, (410) 786-4435, CHIP. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2016-09581 (81 FR 27498 through 27901), the final rule entitled, ``Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability'' there was a technical error that is identified and corrected in this correcting document. The correction is applicable as of July 5, 2016. II. Summary of Errors in the Regulations Text On page 27896 of the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule, we made a technical error in the regulation text of Sec. 457.10. In this paragraph, we inadvertently omitted an amendatory instruction to add the definition of ``Federally Qualified HMO'' in alphabetical order. Accordingly, we are revising the amendatory instruction for Sec. 457.10 to add this definition as it was published in the May 6, 2016 Federal Register. III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. In addition, section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA notice and comment, and delay in effective date requirements. Section 553(b)(B) of the APA authorizes an agency to dispense with normal notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest; and includes a statement of the finding and the reasons for it in the notice. In addition, section 553(d)(3) of the APA allows the agency to avoid the 30-day delay in effective date where such delay is contrary to the public interest and the agency includes in the rule a statement of the finding and the reasons for it. In our view, this correcting document does not constitute a rulemaking that would be subject to these requirements. This document merely corrects technical errors in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies and payment methodologies that were adopted subject to notice and comment procedures in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. As a result, the corrections made through this correcting document are intended to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the policies adopted in that rule. Even if this were a rulemaking to which the notice and comment and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule or delaying the effective date of the corrections would be contrary to the public interest because it is in the public interest to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects our final policies as soon as possible following the date they take effect. Further, such procedures would be unnecessary, because we are not altering the payment methodologies or policies or making any substantive revision to the description of the definition as proposed or purported to be finalized in the preamble of the final rule, but rather, we are simply correcting the Federal Register document to reflect the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects these policies. For these reasons, we believe there is good cause to waive the [[Page 47046]] requirements for notice and comment and delay in effective date. List of Subjects in 42 CFR Part 457 Administrative practice and procedure, Grant programs-health, Health insurance, Reporting and recordkeeping requirements. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendment to part 457: PART 457--ALLOTMENTS AND GRANTS TO STATES 0 1. The authority citation for part 457 continues to read as follows: Authority: Section 1102 of the Social Security Act (42 U.S.C. 1302). 0 2. Section 457.10 is amended by adding the definition of ``Federally Qualified HMO'' in alphabetical order to read as follows: Sec. 457.10 Definitions and use of terms. * * * * * Federally qualified HMO means an HMO that CMS has determined is a qualified HMO under section 2791(b)(3) of the Public Health Service Act. * * * * * Dated: July 14, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016-17157 Filed 7-18-16; 4:15 pm] BILLING CODE 4120-01-P
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[FR Doc. 2016–17165 Filed 7–19–16; 8:45 am] II. Summary of Errors in the adopted subject to notice and comment
BILLING CODE 6560–50–P Regulations Text procedures in the Medicaid and
On page 27896 of the Medicaid and Children’s Health Insurance Program
Children’s Health Insurance Program (CHIP) Programs; Medicaid Managed
(CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care,
DEPARTMENT OF HEALTH AND Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party
HUMAN SERVICES and Revisions Related to Third Party Liability final rule. As a result, the
Liability final rule, we made a technical corrections made through this correcting
Centers for Medicare & Medicaid document are intended to ensure that
Services error in the regulation text of § 457.10.
In this paragraph, we inadvertently the Medicaid and Children’s Health
omitted an amendatory instruction to Insurance Program (CHIP) Programs;
42 CFR Part 457 Medicaid Managed Care, CHIP
add the definition of ‘‘Federally
Qualified HMO’’ in alphabetical order. Delivered in Managed Care, and
[CMS–2390–F2] Revisions Related to Third Party
Accordingly, we are revising the
amendatory instruction for § 457.10 to Liability final rule accurately reflects
RIN–0938–AS25 add this definition as it was published the policies adopted in that rule.
in the May 6, 2016 Federal Register. Even if this were a rulemaking to
Medicaid and Children’s Health which the notice and comment and
Insurance Program (CHIP) Programs; III. Waiver of Proposed Rulemaking delayed effective date requirements
Medicaid Managed Care, CHIP and Delay in Effective Date applied, we find that there is good cause
Delivered in Managed Care, and Under 5 U.S.C. 553(b) of the to waive such requirements.
Revisions Related to Third Party Administrative Procedure Act (APA), Undertaking further notice and
Liability; Correcting Amendment the agency is required to publish a comment procedures to incorporate the
AGENCY: Centers for Medicare & notice of the proposed rule in the corrections in this document into the
Medicaid Services (CMS), HHS. Federal Register before the provisions Medicaid and Children’s Health
of a rule take effect. In addition, section Insurance Program (CHIP) Programs;
ACTION: Final rule; correcting
553(d) of the APA mandates a 30-day Medicaid Managed Care, CHIP
amendment. Delivered in Managed Care, and
delay in effective date after issuance or
SUMMARY: This document corrects a publication of a rule. Sections 553(b)(B) Revisions Related to Third Party
technical error that appeared in the final and 553(d)(3) of the APA provide for Liability final rule or delaying the
rule published in the May 6, 2016 exceptions from the APA notice and effective date of the corrections would
Federal Register (81 FR 27498 through comment, and delay in effective date be contrary to the public interest
27901) entitled, ‘‘Medicaid and requirements. Section 553(b)(B) of the because it is in the public interest to
Children’s Health Insurance Program APA authorizes an agency to dispense ensure that the Medicaid and Children’s
(CHIP) Programs; Medicaid Managed with normal notice and comment Health Insurance Program (CHIP)
Care, CHIP Delivered in Managed Care, rulemaking procedures for good cause if Programs; Medicaid Managed Care,
and Revisions Related to Third Party the agency makes a finding that the CHIP Delivered in Managed Care, and
Liability.’’ The effective date for the rule notice and comment process is Revisions Related to Third Party
was July 5, 2016. impracticable, unnecessary, or contrary Liability final rule accurately reflects
to the public interest; and includes a our final policies as soon as possible
DATES: Effective Date: This correcting
statement of the finding and the reasons following the date they take effect.
document is effective July 18, 2016.
for it in the notice. In addition, section Further, such procedures would be
Applicability Date: The corrections
553(d)(3) of the APA allows the agency unnecessary, because we are not altering
indicated in this document are
to avoid the 30-day delay in effective the payment methodologies or policies
applicable beginning July 5, 2016.
date where such delay is contrary to the or making any substantive revision to
FOR FURTHER INFORMATION CONTACT: public interest and the agency includes the description of the definition as
Melissa Williams, (410) 786–4435, in the rule a statement of the finding proposed or purported to be finalized in
CHIP. and the reasons for it. the preamble of the final rule, but
SUPPLEMENTARY INFORMATION: In our view, this correcting document rather, we are simply correcting the
does not constitute a rulemaking that Federal Register document to reflect the
I. Background would be subject to these requirements. policies that we previously proposed,
In FR Doc. 2016–09581 (81 FR 27498 This document merely corrects received comment on, and subsequently
through 27901), the final rule entitled, technical errors in the Medicaid and finalized. This correcting document is
‘‘Medicaid and Children’s Health Children’s Health Insurance Program intended solely to ensure that the
Insurance Program (CHIP) Programs; (CHIP) Programs; Medicaid Managed Medicaid and Children’s Health
Medicaid Managed Care, CHIP Care, CHIP Delivered in Managed Care, Insurance Program (CHIP) Programs;
rmajette on DSK2TPTVN1PROD with RULES
Delivered in Managed Care, and and Revisions Related to Third Party Medicaid Managed Care, CHIP
Revisions Related to Third Party Liability final rule. The corrections Delivered in Managed Care, and
Liability’’ there was a technical error contained in this document are Revisions Related to Third Party
that is identified and corrected in this consistent with, and do not make Liability final rule accurately reflects
correcting document. The correction is substantive changes to, the policies and these policies. For these reasons, we
applicable as of July 5, 2016. payment methodologies that were believe there is good cause to waive the
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![47046 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
requirements for notice and comment publish a timely withdrawal of this rule amendment and does not anticipate any
and delay in effective date. in the Federal Register. Submit adverse comments. This rule will be
comments on or before September 19, effective on the date specified in the
List of Subjects in 42 CFR Part 457
2016. DATES section above without further
Administrative practice and notice unless adverse comment(s) are
ADDRESSES: Address all comments
procedure, Grant programs-health, received by the date specified in the
concerning this notice to Lyudmila
Health insurance, Reporting and DATES section above.
Bond, Bureau for Management, Office of
recordkeeping requirements. USAID will only address substantive
Acquisition and Assistance, Policy
Accordingly, 42 CFR chapter IV is Division (M/OAA/P), Room 867J, SA– comments on the rule. Comments that
corrected by making the following 44, Washington, DC 20523–2052. are insubstantial or outside the scope of
correcting amendment to part 457: Submit comments, identified by title of the rule may not be considered.
the action and Regulation Identifier If adverse comments are received on
PART 457—ALLOTMENTS AND the direct final rule, USAID will publish
GRANTS TO STATES Number (RIN) by any of the following
methods: a timely withdrawal in the Federal
1. Through the Federal eRulemaking Register informing the public that this
■ 1. The authority citation for part 457
Portal at http://www.regulations.gov by rule will not take effect. If no adverse
continues to read as follows:
following the instructions for submitting comments are received, this final rule
Authority: Section 1102 of the Social will become final after the designated
Security Act (42 U.S.C. 1302).
comments.
2. By Email: Submit electronic period. Additionally, USAID is
■ 2. Section 457.10 is amended by comments to lbond@usaid.gov. See publishing a separate document in the
adding the definition of ‘‘Federally SUPPLEMENTARY INFORMATION for file ‘‘Proposed Rules’’ section of this
Qualified HMO’’ in alphabetical order to formats and other information about Federal Register that will serve as the
read as follows: electronic filing. proposal to approve these AIDAR
3. By Mail addressed to: USAID, revisions if adverse comments are
§ 457.10 Definitions and use of terms. received.
Bureau for Management, Office of
* * * * * Acquisition & Assistance, Policy USAID will address all public
Federally qualified HMO means an Division, Room 867J, SA–44, 1300 comments in a subsequent final rule
HMO that CMS has determined is a Pennsylvania Ave. NW., Washington, based on the proposed rule. USAID will
qualified HMO under section 2791(b)(3) DC 20523–2052. not institute a second comment period
of the Public Health Service Act. on this action. Any parties interested in
FOR FURTHER INFORMATION CONTACT:
* * * * * Lyudmila Bond, Telephone: 202–567– commenting must do so at this time.
Dated: July 14, 2016. 4753 or Email: lbond@usaid.gov. B. Background
Madhura Valverde, SUPPLEMENTARY INFORMATION:
USAID is revising AIDAR section
Executive Secretary to the Department,
A. Instructions 752.247–70, Preference for privately
Department of Health and Human Services.
owned U.S.-flag commercial vessels to
[FR Doc. 2016–17157 Filed 7–18–16; 4:15 pm] All comments must be in writing and
conform to the current requirements of
BILLING CODE 4120–01–P submitted through one of the methods
the Cargo Preference Act of 1954. The
specified in the ADDRESSES section
Act mandates that at least 50 percent of
above. All submissions must include the
the gross tonnage of all Government
AGENCY FOR INTERNATIONAL title of the action and RIN for this
generated cargo be transported on
DEVELOPMENT rulemaking. Please include your name,
privately owned, U.S.-flag commercial
title, organization, postal address,
vessels, to the extent such vessels are
48 CFR Part 752 telephone number, and email address in
available at fair and reasonable rates.
the text of the message.
RIN 0412–AA82 Comments submitted by email must Other changes to the clause include up-
be included in the text of the email or to-date submission requirements to the
Agency for International Development Maritime Administration (MARAD).
Acquisition Regulation (AIDAR): attached as a PDF file. Please avoid
using special characters and any form of The changes will not impose any
Preference for Privately Owned U.S.- additional requirements on contractors.
Flag Commercial Vessels. encryption. Please note that USAID
recommends sending all comments to C. Impact assessment
AGENCY: U.S. Agency for International the Federal eRulemaking Portal because
Development. security screening precautions have (1) Regulatory Planning and Review
ACTION: Direct final rule. slowed the delivery and dependability Under E.O. 12866, USAID must
of surface mail to USAID/Washington. determine whether a regulatory action is
SUMMARY: The U.S. Agency for After receipt of a comment and until ‘‘significant’’ and therefore subject to
International Development (USAID) is finalization of the action, all comments the requirements of the E.O. and subject
revising the Agency for International will be made available at http:// to review by the Office of Management
Development Acquisition Regulation www.regulations.gov for public review and Budget (OMB). USAID has
(AIDAR) clause to conform to the without change, including any personal determined that this Rule is not an
current requirements of the Cargo information provided. We recommend ‘‘economically significant regulatory
Preference Act of 1954 and provide up- you do not submit information that you action’’ under Section 3(f)(1) of E.O.
to-date submission instructions to the
rmajette on DSK2TPTVN1PROD with RULES
consider Confidential Business 12866. This rule is not a major rule
Maritime Administration (MARAD). Information (CBI) or any information under 5 U.S.C. 804.
DATES: This rule is effective October 18, that is otherwise protected from
2016 without further action, unless (2) Regulatory Flexibility Act
disclosure by statute.
adverse comments are received by USAID is publishing this revision as The rule will not have an impact on
September 19, 2016. If adverse a direct final rule as the Agency views a substantial number of small entities
comments are received, USAID will this as a conforming and administrative within the meaning of the Regulatory
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Document Created: 2018-02-08 07:57:08
Document Modified: 2018-02-08 07:57:08
| 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; correcting amendment. | |
| Dates | Effective Date: This correcting document is effective July 18, 2016. | |
| Contact | Melissa Williams, (410) 786-4435, CHIP. | |
| FR Citation | 81 FR 47045 | |
| CFR Associated | Administrative Practice and Procedure; Grant Programs-Health; Health Insurance and Reporting and Recordkeeping Requirements |
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