81 FR 53031 - Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Corrections
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 81, Issue 155 (August 11, 2016)
Federal Register Volume 81, Issue 155 (August 11, 2016)
| Page Range | 53031-53032 | |
| FR Document | 2016-19108 |
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)] [Rules and Regulations] [Pages 53031-53032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19108] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Parts 144, 147, 153, 154, 155, 156, and 158 [CMS-9937-F2] RIN-0938-AS57 Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Corrections AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction and correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document corrects technical and typographical errors that appeared in the final rule published in the March 8, 2016 Federal Register (81 FR 12204 through 12352) entitled ``Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017.'' The effective date for the rule was May 9, 2016. DATES: Effective Date: This correcting document is effective August 11, 2016. Applicability Date: The corrections indicated in this document are applicable beginning May 9, 2016. FOR FURTHER INFORMATION CONTACT: Allison Yadsko (410) 786-1740. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2016-04439 (81 FR 12204), the final rule entitled ``Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017'' (2017 Payment Notice), there were technical errors that are identified and corrected in section IV, the Correction of Errors. These corrections are applicable as of May 9, 2016. II. Summary of Errors A. Summary of Errors in the Preamble On page 12296, the phrase ``paragraphs (c)(1)(ii) and (c)(2)(iii) of this paragraph'' should include a reference to ``(c)(3)(ii).'' This correction clarifies how the provisions are at least as stringent as the requirements of paragraph (c) and aligns with the next paragraph that clarifies we do not believe that applying timeframes less stringent than those in the current Sec. 156.122(c) would benefit enrollees. On pages 12310 and 12311 the word ``consecutive'' should have been attached to the description of the grace period for enrollees receiving advance payments of the premium tax credit (APTC), for the description to be consistent with the regulation text that was promulgated prior to the Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Final Rule. This correction accurately reflects the length of the grace period for enrollees receiving APTC as being 3 consecutive months. B. Summary of Errors in Regulation Text On page 12349, in Sec. 156.122(c)(4)(i)(D), we inadvertently omitted a cross-reference to paragraph (c)(3)(ii). [[Page 53032]] On page 12350, in Sec. 156.270(d) introductory text, we inadvertently omitted the word ``consecutive'' from the language describing the length of the grace period for enrollees receiving APTC. 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. Section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(3)(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)(3)(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 typographical and technical errors in the 2017 Payment Notice. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies that were adopted subject to notice and comment procedures in the 2017 Payment Notice. As a result, the corrections made through this correcting document are intended to ensure that the 2017 Payment Notice 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 2017 Payment Notice 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 2017 Payment Notice 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, 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 2017 Payment Notice accurately reflects these policies. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date. IV. Correction of Errors in the Preamble In FR Doc. 2016-04439 (81 FR 12204), published March 8, 2016, make the following corrections: 1. On page 12296, in the second column, in the first full paragraph, lines 18 and 19, the phrase ``paragraphs (c)(1)(ii) and (c)(2)(iii) of this paragraph'' is corrected to read ``paragraphs (c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this section''. 2. On page 12310, a. In the third column, second full paragraph, line 3, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. b. In the third column, second full paragraph, line 29, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. c. In the third column, second full paragraph, line 38, the phrase ``grace period of 3 months'' is corrected to read ``grace period of 3 consecutive months''. 3. On page 12311, a. In the first column, in the first full paragraph, line 7, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. b. In the first column, in the first full paragraph, line 17, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. c. In the first column, in the first full paragraph, lines 24 through 25, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. d. In the second column, in the first full paragraph, line 8, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. e. In the second column, in the second full paragraph, line 14, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. f. In the second column, in the third full paragraph, line 13, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. g. In the second column, in the third full paragraph, line 22, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. h. In the third column, in the first partial paragraph, line 12, the phrase ``3-month grace period'' is corrected to read ``3 consecutive month grace period''. List of Subjects in 45 CFR Part 156 Administrative practice and procedure, Advertising, American Indian/Alaska Natives, Conflict of interest, Consumer protection, Cost- sharing reductions, Essential Health Benefits, Prescription drug benefit, Grant programs-health, Grants administration, Health care, Health insurance, Health maintenance organization (HMO), Health records, Hospitals, Individuals with disabilities, Loan programs- health, Medicaid, Organization and functions (Government agencies), Public assistance programs, Reporting and recordkeeping requirements, State and local governments, Sunshine Act, Technical assistance, Women, Youth. Accordingly, the Department of Health and Human Services corrects 45 CFR part 156 by making the following correcting amendments: PART 156--HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES 0 1. The authority citation for part 156 continues to read as follows: Authority: Title I of the Affordable Care Act, sections 1301- 1304, 1311-1313, 1321- 1322, 1324, 1334, 1342-1343, 1401-1402, Pub. L. 111-148, 124 Stat. 119 (42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, 26 U.S.C. 36B, and 31 U.S.C. 9701). Sec. 156.122 [Amended] 0 2. Section 156.122(c)(4)(i)(D) is amended by removing the phrase ``paragraphs (c)(1)(ii) and (c)(2)(iii) of this section'' and adding in its place the phrase ``paragraphs (c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this section''. Sec. 156.270 [Amended] 0 3. Section 156.270 is amended by amending paragraph (d) to remove the term ``3 months'' and add in its place the phrase ``3 consecutive months''. Dated: August 5, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016-19108 Filed 8-10-16; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations 53031
specified in Executive Order 13132 (64 Because this rule authorizes pre-existing ACTION: Final rule; correction and
FR 43255, August 10, 1999), because it State rules which are at least equivalent correcting amendment.
merely authorizes State requirements as to, and no less stringent than existing
part of the State RCRA hazardous waste federal requirements, and imposes no SUMMARY: This document corrects
program without altering the additional requirements beyond those technical and typographical errors that
relationship or the distribution of power imposed by State law, and there are no appeared in the final rule published in
and responsibilities established by anticipated significant adverse human the March 8, 2016 Federal Register (81
RCRA. This action also is not subject to health or environmental effects, the rule FR 12204 through 12352) entitled
Executive Order 13045 (62 FR 19885, is not subject to Executive Order 12898. ‘‘Patient Protection and Affordable Care
April 23, 1997), because it is not The Congressional Review Act, 5 Act; HHS Notice of Benefit and Payment
economically significant and it does not U.S.C. 801 et seq., as added by the Small Parameters for 2017.’’ The effective date
make decisions based on environmental Business Regulatory Enforcement for the rule was May 9, 2016.
health or safety risks. This rule is not Fairness Act of 1996, generally provides DATES:
subject to Executive Order 13211, that before a rule may take effect, the Effective Date: This correcting
‘‘Actions Concerning Regulations That agency promulgating the rule must document is effective August 11, 2016.
Significantly Affect Energy Supply, submit a rule report, which includes a Applicability Date: The corrections
Distribution, or Use’’ (66 FR 28355, May copy of the rule, to each House of the indicated in this document are
22, 2001) because it is not a significant Congress and to the Comptroller General applicable beginning May 9, 2016.
regulatory action under Executive Order of the United States. The EPA will FOR FURTHER INFORMATION CONTACT:
12866. submit a report containing this Allison Yadsko (410) 786–1740.
Under RCRA 3006(b), the EPA grants document and other required SUPPLEMENTARY INFORMATION:
a State’s application for authorization as information to the U.S. Senate, the U.S.
House of Representatives, and the I. Background
long as the State meets the criteria
required by RCRA. It would thus be Comptroller General of the United In FR Doc. 2016–04439 (81 FR 12204),
inconsistent with applicable law for the States prior to publication in the the final rule entitled ‘‘Patient
EPA, when it reviews a State Federal Register. A major rule cannot Protection and Affordable Care Act;
authorization application; to require the take effect until 60 days after it is HHS Notice of Benefit and Payment
use of any particular voluntary published in the Federal Register. This Parameters for 2017’’ (2017 Payment
consensus standard in place of another action is not a ‘‘major rule’’ as defined Notice), there were technical errors that
standard that otherwise satisfies the by 5 U.S.C. 804(2). This action will be are identified and corrected in section
requirements of RCRA. Thus, the effective October 11, 2016. IV, the Correction of Errors. These
requirements of section 12(d) of the corrections are applicable as of May 9,
List of Subjects in 40 CFR Part 271
National Technology Transfer and 2016.
Advancement Act of 1995 (15 U.S.C. Environmental protection,
Administrative practice and procedure, II. Summary of Errors
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61 Confidential business information, A. Summary of Errors in the Preamble
FR 4729, February 7, 1996), in issuing Hazardous waste, Hazardous waste
On page 12296, the phrase
this rule, the EPA has taken the transportation, Indian lands,
‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of
necessary steps to eliminate drafting Intergovernmental relations, Penalties,
this paragraph’’ should include a
errors and ambiguity, minimize Reporting and recordkeeping
reference to ‘‘(c)(3)(ii).’’ This correction
potential litigation, and provide a clear requirements.
clarifies how the provisions are at least
legal standard for affected conduct. The Authority: This action is issued under the as stringent as the requirements of
EPA has complied with Executive Order authority of sections 2002(a), 3006, and paragraph (c) and aligns with the next
12630 (53 FR 8859, March 15, 1988) by 7004(b) of the Solid Waste Disposal Act as paragraph that clarifies we do not
examining the takings implications of amended 42 U.S.C. 6912(a), 6926, 6974(b).
believe that applying timeframes less
the rule in accordance with the Dated: July 14, 2016. stringent than those in the current
‘‘Attorney General’s Supplemental Ron Curry, § 156.122(c) would benefit enrollees.
Guidelines for the Evaluation of Risk Regional Administrator, Region 6. On pages 12310 and 12311 the word
and Avoidance of Unanticipated [FR Doc. 2016–18433 Filed 8–10–16; 8:45 am] ‘‘consecutive’’ should have been
Takings’’ issued under the Executive BILLING CODE 6560–50–P attached to the description of the grace
Order. This rule does not impose an period for enrollees receiving advance
information collection burden under the payments of the premium tax credit
provisions of the Paperwork Reduction (APTC), for the description to be
Act of 1995 (44 U.S.C. 3501 et seq.). DEPARTMENT OF HEALTH AND
consistent with the regulation text that
Executive Order 12898 (59 FR 7629, HUMAN SERVICES
was promulgated prior to the Patient
Feb. 16, 1994) establishes federal 45 CFR Parts 144, 147, 153, 154, 155, Protection and Affordable Care Act;
executive policy on environmental 156, and 158 HHS Notice of Benefit and Payment
justice. Its main provision directs Parameters for 2017; Final Rule. This
federal agencies, to the greatest extent [CMS–9937–F2] correction accurately reflects the length
practicable and permitted by law, to of the grace period for enrollees
make environmental justice part of their RIN–0938–AS57
receiving APTC as being 3 consecutive
sradovich on DSK3GMQ082PROD with RULES
mission by identifying and addressing, Patient Protection and Affordable Care months.
as appropriate, disproportionately high Act; HHS Notice of Benefit and
and adverse human health or B. Summary of Errors in Regulation Text
Payment Parameters for 2017;
environmental effects of their programs, Corrections On page 12349, in
policies, and activities on minority § 156.122(c)(4)(i)(D), we inadvertently
populations and low-income AGENCY: Centers for Medicare & omitted a cross-reference to paragraph
populations in the United States. Medicaid Services (CMS), HHS. (c)(3)(ii).
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![53032 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
On page 12350, in § 156.270(d) would be unnecessary, because we are month grace period’’ is corrected to read
introductory text, we inadvertently not altering the payment methodologies ‘‘3 consecutive month grace period’’.
omitted the word ‘‘consecutive’’ from or policies, but rather, we are simply h. In the third column, in the first
the language describing the length of the correcting the Federal Register partial paragraph, line 12, the phrase ‘‘3-
grace period for enrollees receiving document to reflect the policies that we month grace period’’ is corrected to read
APTC. previously proposed, received comment ‘‘3 consecutive month grace period’’.
III. Waiver of Proposed Rulemaking on, and subsequently finalized. This
correcting document is intended solely List of Subjects in 45 CFR Part 156
and Delay in Effective Date
to ensure that the 2017 Payment Notice
Under 5 U.S.C. 553(b) of the accurately reflects these policies. For Administrative practice and
Administrative Procedure Act (APA), these reasons, we believe there is good procedure, Advertising, American
the agency is required to publish a cause to waive the requirements for Indian/Alaska Natives, Conflict of
notice of the proposed rule in the notice and comment and delay in interest, Consumer protection, Cost-
Federal Register before the provisions effective date. sharing reductions, Essential Health
of a rule take effect. Section 553(d) of Benefits, Prescription drug benefit,
the APA mandates a 30-day delay in IV. Correction of Errors in the Preamble Grant programs-health, Grants
effective date after issuance or In FR Doc. 2016–04439 (81 FR 12204), administration, Health care, Health
publication of a rule. Sections published March 8, 2016, make the insurance, Health maintenance
553(b)(3)(B) and 553(d)(3) of the APA following corrections: organization (HMO), Health records,
provide for exceptions from the APA 1. On page 12296, in the second Hospitals, Individuals with disabilities,
notice and comment, and delay in column, in the first full paragraph, lines Loan programs-health, Medicaid,
effective date requirements. Section 18 and 19, the phrase ‘‘paragraphs Organization and functions
553(b)(3)(B) of the APA authorizes an (c)(1)(ii) and (c)(2)(iii) of this paragraph’’ (Government agencies), Public
agency to dispense with normal notice is corrected to read ‘‘paragraphs assistance programs, Reporting and
and comment rulemaking procedures (c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this recordkeeping requirements, State and
for good cause if the agency makes a section’’. local governments, Sunshine Act,
finding that the notice and comment 2. On page 12310, Technical assistance, Women, Youth.
process is impracticable, unnecessary, a. In the third column, second full Accordingly, the Department of
or contrary to the public interest; and paragraph, line 3, the phrase ‘‘3-month Health and Human Services corrects 45
includes a statement of the finding and CFR part 156 by making the following
grace period’’ is corrected to read ‘‘3
the reasons for it in the notice. In correcting amendments:
consecutive month grace period’’.
addition, section 553(d)(3) of the APA
b. In the third column, second full
allows the agency to avoid the 30-day PART 156—HEALTH INSURANCE
paragraph, line 29, the phrase ‘‘3-month
delay in effective date where such delay ISSUER STANDARDS UNDER THE
grace period’’ is corrected to read ‘‘3
is contrary to the public interest and the AFFORDABLE CARE ACT, INCLUDING
consecutive month grace period’’.
agency includes in the rule a statement STANDARDS RELATED TO
of the finding and the reasons for it. c. In the third column, second full
paragraph, line 38, the phrase ‘‘grace EXCHANGES
In our view, this correcting document
does not constitute a rulemaking that period of 3 months’’ is corrected to read
‘‘grace period of 3 consecutive months’’. ■ 1. The authority citation for part 156
would be subject to these requirements.
3. On page 12311, continues to read as follows:
This document merely corrects
typographical and technical errors in a. In the first column, in the first full Authority: Title I of the Affordable Care
the 2017 Payment Notice. The paragraph, line 7, the phrase ‘‘3-month Act, sections 1301–1304, 1311–1313, 1321–
corrections contained in this document grace period’’ is corrected to read ‘‘3 1322, 1324, 1334, 1342–1343, 1401–1402,
are consistent with, and do not make consecutive month grace period’’. Pub. L. 111–148, 124 Stat. 119 (42 U.S.C.
substantive changes to, the policies that b. In the first column, in the first full 18021–18024, 18031–18032, 18041–18042,
paragraph, line 17, the phrase ‘‘3-month 18044, 18054, 18061, 18063, 18071, 18082,
were adopted subject to notice and
grace period’’ is corrected to read ‘‘3 26 U.S.C. 36B, and 31 U.S.C. 9701).
comment procedures in the 2017
Payment Notice. As a result, the consecutive month grace period’’. § 156.122 [Amended]
corrections made through this correcting c. In the first column, in the first full
document are intended to ensure that paragraph, lines 24 through 25, the ■ 2. Section 156.122(c)(4)(i)(D) is
the 2017 Payment Notice accurately phrase ‘‘3-month grace period’’ is amended by removing the phrase
reflects the policies adopted in that rule. corrected to read ‘‘3 consecutive month ‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of
Even if this were a rulemaking to grace period’’. this section’’ and adding in its place the
which the notice and comment and d. In the second column, in the first phrase ‘‘paragraphs (c)(1)(ii), (c)(2)(iii),
delayed effective date requirements full paragraph, line 8, the phrase ‘‘3- and (c)(3)(ii) of this section’’.
applied, we find that there is good cause month grace period’’ is corrected to read
‘‘3 consecutive month grace period’’. § 156.270 [Amended]
to waive such requirements.
Undertaking further notice and e. In the second column, in the ■ 3. Section 156.270 is amended by
comment procedures to incorporate the second full paragraph, line 14, the amending paragraph (d) to remove the
corrections in this document into the phrase ‘‘3-month grace period’’ is term ‘‘3 months’’ and add in its place
2017 Payment Notice or delaying the corrected to read ‘‘3 consecutive month the phrase ‘‘3 consecutive months’’.
sradovich on DSK3GMQ082PROD with RULES
effective date of the corrections would grace period’’.
be contrary to the public interest f. In the second column, in the third Dated: August 5, 2016.
because it is in the public interest to full paragraph, line 13, the phrase ‘‘3- Madhura Valverde,
ensure that the 2017 Payment Notice month grace period’’ is corrected to read Executive Secretary to the Department,
accurately reflects our final policies as ‘‘3 consecutive month grace period’’. Department of Health and Human Services.
soon as possible following the date they g. In the second column, in the third [FR Doc. 2016–19108 Filed 8–10–16; 8:45 am]
take effect. Further, such procedures full paragraph, line 22, the phrase ‘‘3- BILLING CODE 4120–01–P
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Document Created: 2018-02-09 11:27:23
Document Modified: 2018-02-09 11:27:23
| 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; correction and correcting amendment. | |
| Dates | Effective Date: This correcting document is effective August 11, 2016. | |
| Contact | Allison Yadsko (410) 786-1740. | |
| FR Citation | 81 FR 53031 | |
| CFR Citation | 45
CFR
144 45 CFR 147 45 CFR 153 45 CFR 154 45 CFR 155 45 CFR 156 45 CFR 158 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; American Indian/alaska Natives; Conflict of Interest; Consumer Protection; Cost-Sharing Reductions; Essential Health Benefits; Prescription Drug Benefit; Grant Programs-Health; Grants Administration; Health Care; Health Insurance; Health Maintenance Organization (hmo); Health Records; Hospitals; Individuals with Disabilities; Loan Programs-Health; Medicaid; Organization and Functions (government Agencies); Public Assistance Programs; Reporting and Recordkeeping Requirements; State and Local Governments; Sunshine Act; Technical Assistance; Women and Youth |
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