81_FR_80283 81 FR 80063 - Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rate, and Annual Deductible Beginning January 1, 2017

81 FR 80063 - Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rate, and Annual Deductible Beginning January 1, 2017

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 81, Issue 220 (November 15, 2016)

Page Range80063-80071
FR Document2016-27425

This notice announces the monthly actuarial rates for aged (age 65 and over) and disabled (under age 65) beneficiaries enrolled in Part B of the Medicare Supplementary Medical Insurance (SMI) program beginning January 1, 2017. In addition, this notice announces the monthly premium for aged and disabled beneficiaries, the deductible for 2017, and the income-related monthly adjustment amounts to be paid by beneficiaries with modified adjusted gross income above certain threshold amounts. The monthly actuarial rates for 2017 are $261.90 for aged enrollees and $254.20 for disabled enrollees. The standard monthly Part B premium rate for all enrollees for 2017 is $134.00, which is equal to 50 percent of the monthly actuarial rate for aged enrollees (or approximately 25 percent of the expected average total cost of Part B coverage for aged enrollees) plus $3.00. (The 2016 standard premium rate was $121.80, which includes the $3.00 repayment amount.) The Part B deductible for 2017 is $183.00 for all Part B beneficiaries. If a beneficiary has to pay an income-related monthly adjustment, they will have to pay a total monthly premium of about 35, 50, 65, or 80 percent of the total cost of Part B coverage plus $4.20, $6.00, $7.80, or $9.60.

Federal Register, Volume 81 Issue 220 (Tuesday, November 15, 2016)
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80063-80071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27425]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-8064-N]
RIN 0938-AS72


Medicare Program; Medicare Part B Monthly Actuarial Rates, 
Premium Rate, and Annual Deductible Beginning January 1, 2017

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

ACTION: Notice.

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

SUMMARY: This notice announces the monthly actuarial rates for aged 
(age 65 and over) and disabled (under age 65) beneficiaries enrolled in 
Part B of the Medicare Supplementary Medical Insurance (SMI) program 
beginning January 1, 2017. In addition, this notice announces the 
monthly premium for aged and disabled beneficiaries, the deductible for 
2017, and the income-related monthly adjustment amounts to be paid by 
beneficiaries with modified adjusted gross income above certain 
threshold amounts. The monthly actuarial rates for 2017 are $261.90 for 
aged enrollees and $254.20 for disabled enrollees. The standard monthly 
Part B premium rate for all enrollees for 2017 is $134.00, which is 
equal to 50 percent of the monthly actuarial rate for aged enrollees 
(or approximately 25 percent of the expected average total cost of Part 
B coverage for aged enrollees) plus $3.00. (The 2016 standard premium 
rate was $121.80, which includes the $3.00 repayment amount.) The Part 
B deductible for 2017 is $183.00 for all Part B beneficiaries. If a 
beneficiary has to pay an income-related monthly adjustment, they will 
have to pay a total monthly premium of about 35, 50, 65, or 80 percent 
of the total cost of Part B coverage plus $4.20, $6.00, $7.80, or 
$9.60.

DATES: Effective Date: January 1, 2017.

FOR FURTHER INFORMATION CONTACT: M. Kent Clemens, (410) 786-6391.

SUPPLEMENTARY INFORMATION:

I. Background

    Part B is the voluntary portion of the Medicare program that pays 
all or part of the costs for physicians' services, outpatient hospital 
services, certain home health services, services furnished by rural 
health clinics, ambulatory surgical centers, comprehensive outpatient 
rehabilitation facilities, and certain other medical and health 
services not covered by Medicare Part A, Hospital Insurance. Medicare 
Part B

[[Page 80064]]

is available to individuals who are entitled to Medicare Part A, as 
well as to U.S. residents who have attained age 65 and are citizens, 
and aliens who were lawfully admitted for permanent residence and have 
resided in the United States for 5 consecutive years. Part B requires 
enrollment and payment of monthly premiums, as described in 42 CFR part 
407, subpart B, and part 408, respectively. The premiums paid by (or on 
behalf of) all enrollees fund approximately one-fourth of the total 
incurred costs, and transfers from the general fund of the Treasury pay 
approximately three-fourths of these costs.
    The Secretary of the Department of Health and Human Services (the 
Secretary) is required by section 1839 of the Social Security Act (the 
Act) to announce the Part B monthly actuarial rates for aged and 
disabled beneficiaries as well as the monthly Part B premium. The Part 
B annual deductible is included because its determination is directly 
linked to the aged actuarial rate.
    The monthly actuarial rates for aged and disabled enrollees are 
used to determine the correct amount of general revenue financing per 
beneficiary each month. These amounts, according to actuarial 
estimates, will equal, respectively, one-half of the expected average 
monthly cost of Part B for each aged enrollee (age 65 or over) and one-
half of the expected average monthly cost of Part B for each disabled 
enrollee (under age 65).
    The Part B deductible to be paid by enrollees is also announced. 
Prior to the Medicare Prescription Drug, Improvement, and Modernization 
Act of 2003 (MMA) (Pub. L. 108-173), the Part B deductible was set in 
statute. After setting the 2005 deductible amount at $110, section 629 
of the MMA (amending section 1833(b) of the Act) requires that the Part 
B deductible be indexed beginning in 2006. The inflation factor to be 
used each year is the annual percentage increase in the Part B 
actuarial rate for enrollees age 65 and over. Specifically, the 2017 
Part B deductible is calculated by multiplying the 2016 deductible by 
the ratio of the 2017 aged actuarial rate to the 2016 aged actuarial 
rate. The amount determined under this formula is then rounded to the 
nearest $1.
    The monthly Part B premium rate to be paid by aged and disabled 
enrollees is also announced. (Although the costs to the program per 
disabled enrollee are different than for the aged, the statute provides 
that they pay the same premium amount.) Beginning with the passage of 
section 203 of the Social Security Amendments of 1972 (Pub. L. 92-603), 
the premium rate, which was determined on a fiscal year basis, was 
limited to the lesser of the actuarial rate for aged enrollees, or the 
current monthly premium rate increased by the same percentage as the 
most recent general increase in monthly Title II social security 
benefits.
    However, the passage of section 124 of the Tax Equity and Fiscal 
Responsibility Act of 1982 (TEFRA) (Pub. L. 97-248) suspended this 
premium determination process. Section 124 of TEFRA changed the premium 
basis to 50 percent of the monthly actuarial rate for aged enrollees 
(that is, 25 percent of program costs for aged enrollees). Section 606 
of the Social Security Amendments of 1983 (Pub. L. 98-21), section 2302 
of the Deficit Reduction Act of 1984 (DEFRA 84) (Pub. L. 98-369), 
section 9313 of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (COBRA 85) (Pub. L. 99-272), section 4080 of the Omnibus Budget 
Reconciliation Act of 1987 (OBRA 87) (Pub. L. 100-203), and section 
6301 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 89) (Pub. 
L. 101-239) extended the provision that the premium be based on 50 
percent of the monthly actuarial rate for aged enrollees (that is, 25 
percent of program costs for aged enrollees). This extension expired at 
the end of 1990.
    The premium rate for 1991 through 1995 was legislated by section 
1839(e)(1)(B) of the Act, as added by section 4301 of the Omnibus 
Budget Reconciliation Act of 1990 (OBRA 90) (Pub. L. 101-508). In 
January 1996, the premium determination basis would have reverted to 
the method established by the 1972 Social Security Act Amendments. 
However, section 13571 of the Omnibus Budget Reconciliation Act of 1993 
(OBRA 93) (Pub. L. 103-66) changed the premium basis to 50 percent of 
the monthly actuarial rate for aged enrollees (that is, 25 percent of 
program costs for aged enrollees) for 1996 through 1998.
    Section 4571 of the Balanced Budget Act of 1997 (BBA) (Pub. L. 105-
33) permanently extended the provision that the premium be based on 50 
percent of the monthly actuarial rate for aged enrollees (that is, 25 
percent of program costs for aged enrollees).
    The BBA included a further provision affecting the calculation of 
the Part B actuarial rates and premiums for 1998 through 2003. Section 
4611 of the BBA modified the home health benefit payable under Part A 
for individuals enrolled in Part B. Under this section, beginning in 
1998, expenditures for home health services not considered ``post-
institutional'' are payable under Part B rather than Part A. However, 
section 4611(e)(1) of the BBA required that there be a transition from 
1998 through 2002 for the aggregate amount of the expenditures 
transferred from Part A to Part B. Section 4611(e)(2) of the BBA also 
provided a specific yearly proportion for the transferred funds. The 
proportions were \1/6\ for 1998, \1/3\ for 1999, \1/2\ for 2000, \2/3\ 
for 2001, and \5/6\ for 2002. For the purpose of determining the 
correct amount of financing from general revenues of the Federal 
Government, it was necessary to include only these transitional amounts 
in the monthly actuarial rates for both aged and disabled enrollees, 
rather than the total cost of the home health services being 
transferred.
    Section 4611(e)(3) of the BBA also specified, for the purpose of 
determining the premium, that the monthly actuarial rate for enrollees 
age 65 and over be computed as though the transition would occur for 
1998 through 2003 and that \1/7\ of the cost be transferred in 1998, 
\2/7\ in 1999, \3/7\ in 2000, \4/7\ in 2001, \5/7\ in 2002, and \6/7\ 
in 2003. Therefore, the transition period for incorporating this home 
health transfer into the premium was 7 years while the transition 
period for including these services in the actuarial rate was 6 years.
    Section 811 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Pub. L. 108-173, also known as the Medicare 
Modernization Act, or MMA), which amended section 1839 of the Act, 
requires that, starting on January 1, 2007, the Part B premium a 
beneficiary pays each month be based on their annual income. 
Specifically, if a beneficiary's ``modified adjusted gross income'' is 
greater than the legislated threshold amounts (for 2017, $85,000 for a 
beneficiary filing an individual income tax return, and $170,000 for a 
beneficiary filing a joint tax return) the beneficiary is responsible 
for a larger portion of the estimated total cost of Part B benefit 
coverage. In addition to the standard 25 percent premium, these 
beneficiaries now have to pay an income-related monthly adjustment 
amount. The MMA made no change to the actuarial rate calculation, and 
the standard premium, which will continue to be paid by beneficiaries 
whose modified adjusted gross income is below the applicable 
thresholds, still represents 25 percent of the estimated total cost to 
the program of Part B coverage for an aged enrollee. However, depending 
on income and tax filing status, a beneficiary can now be responsible 
for 35, 50, 65, or 80 percent of the estimated total cost of Part B

[[Page 80065]]

coverage, rather than 25 percent. (For 2018 and subsequent years, the 
income thresholds are lower for the two highest income ranges, as a 
result of the Medicare Access and CHIP Reauthorization Act of 2015 
(MACRA) (Pub. L. 114-10).) The end result of the higher premium is that 
the Part B premium subsidy is reduced and less general revenue 
financing is required for beneficiaries with higher income because they 
are paying a larger share of the total cost with their premium. That 
is, the premium subsidy continues to be approximately 75 percent for 
beneficiaries with income below the applicable income thresholds, but 
will be reduced for beneficiaries with income above these thresholds. 
The MMA specified that there be a 5-year transition to full 
implementation of this provision. However, section 5111 of the Deficit 
Reduction Act of 2005 (DRA) (Pub. L. 109-171) modified the transition 
to a 3-year period.
    Section 4732(c) of the BBA added section 1933(c) of the Act, which 
required the Secretary to allocate money from the Part B trust fund to 
the state Medicaid programs for the purpose of providing Medicare Part 
B premium assistance from 1998 through 2002 for the low-income Medicaid 
beneficiaries who qualify under section 1933 of the Act. This 
allocation, while not a benefit expenditure, was an expenditure of the 
trust fund and was included in calculating the Part B actuarial rates 
through 2002. For 2003 through 2015, the expenditure was made from the 
trust fund because the allocation was temporarily extended. However, 
because the extension occurred after the financing was determined, the 
allocation was not included in the calculation of the financing rates 
for these years. Section 211 of MACRA permanently extended this 
expenditure, which is included in the calculation of the Part B 
actuarial rates for 2016 and subsequent years.
    Another provision affecting the calculation of the Part B premium 
is section 1839(f) of the Act, as amended by section 211 of the 
Medicare Catastrophic Coverage Act of 1988 (MCCA 88) (Pub. L. 100-360). 
(The Medicare Catastrophic Coverage Repeal Act of 1989 (Pub. L. 101-
234) did not repeal the revisions to section 1839(f) of the Act made by 
MCCA 88.) Section 1839(f) of the Act, referred to as the ``hold-
harmless'' provision, provides that if an individual is entitled to 
benefits under section 202 or 223 of the Act (the Old-Age and Survivors 
Insurance Benefit and the Disability Insurance Benefit, respectively) 
and has the Part B premium deducted from these benefit payments, the 
premium increase will be reduced, if necessary, to avoid causing a 
decrease in the individual's net monthly payment. This decrease in 
payment occurs if the increase in the individual's social security 
benefit due to the cost-of-living adjustment under section 215(i) of 
the Act is less than the increase in the premium. Specifically, the 
reduction in the premium amount applies if the individual is entitled 
to benefits under section 202 or 223 of the Act for November and 
December of a particular year and the individual's Part B premiums for 
December and the following January are deducted from the respective 
month's section 202 or 223 benefits. The ``hold-harmless'' provision 
does not apply to beneficiaries who are required to pay an income-
related monthly adjustment amount.
    A check for benefits under section 202 or 223 of the Act is 
received in the month following the month for which the benefits are 
due. The Part B premium that is deducted from a particular check is the 
Part B payment for the month in which the check is received. Therefore, 
a benefit check for November is not received until December, but has 
December's Part B premium deducted from it.
    Generally, if a beneficiary qualifies for hold-harmless protection, 
the reduced premium for the individual for that January and for each of 
the succeeding 11 months is the greater of either--
     The monthly premium for January reduced as necessary to 
make the December monthly benefits, after the deduction of the Part B 
premium for January, at least equal to the preceding November's monthly 
benefits, after the deduction of the Part B premium for December; or
     The monthly premium for that individual for that December.
    In determining the premium limitations under section 1839(f) of the 
Act, the monthly benefits to which an individual is entitled under 
section 202 or 223 of the Act do not include retroactive adjustments or 
payments and deductions on account of work. Also, once the monthly 
premium amount is established under section 1839(f) of the Act, it will 
not be changed during the year even if there are retroactive 
adjustments or payments and deductions on account of work that apply to 
the individual's monthly benefits.
    Individuals who have enrolled in Part B late or who have re-
enrolled after the termination of a coverage period are subject to an 
increased premium under section 1839(b) of the Act. The increase is a 
percentage of the premium and is based on the new premium rate before 
any reductions under section 1839(f) of the Act are made.
    Section 1839 of the Act, as amended by section 601(a) of the 
Bipartisan Budget Act of 2015 (Pub. L. 114-74), specified that the 2016 
actuarial rate for enrollees age 65 and older be determined as if the 
hold-harmless provision did not apply. The premium revenue that was 
lost by using the resulting lower premium (excluding the foregone 
income-related premium revenue) was replaced by a transfer of general 
revenue from the Treasury, which will be repaid over time to the 
general fund.
    Starting in 2016, in order to repay the balance due (which includes 
the transfer amount and the foregone income-related premium revenue), 
the Part B premium otherwise determined will be increased by $3.00. 
These repayment amounts will be added to the Part B premium otherwise 
determined each year and paid back to the general fund of the Treasury 
and will continue until the balance due is paid back.
    High-income enrollees pay an additional $1.20, $3.00, $4.80, or 
$6.60 as part of the income-related monthly adjustment amount (IRMAA) 
premium dollars, which reduce (dollar for dollar) the amount of general 
revenue received by Part B from the general fund of the Treasury. 
Because of this general revenue offset, the repayment IRMAA premium 
dollars are not included in the direct repayments made to the general 
fund of the Treasury from Part B in order to avoid a double repayment. 
(Only the $3.00 monthly repayment amounts are included in the direct 
repayments).
    These repayment amounts will continue until the total amount 
collected is equal to the beginning balance due. (In the final year of 
the repayment, the additional amounts may be modified in order to avoid 
an overpayment.) The repayment amounts (excluding the repayment amounts 
for high-income enrollees) are subject to the hold harmless provision. 
The beginning balance due was $9,066,409,000, consisting of 
$1,625,761,000 in forgone income-related premium revenue plus a 
transfer amount of $7,440,648,000. It is estimated that $701,088,000 
will have been collected for repayment to the general fund by the end 
of 2016.

II. Provisions of the Notice

A. Notice of Medicare Part B Monthly Actuarial Rates, Monthly Premium 
Rates, and Annual Deductible

    The Medicare Part B monthly actuarial rates applicable for 2017 are 
$261.90 for enrollees age 65 and over

[[Page 80066]]

and $254.20 for disabled enrollees under age 65. In section II.B. of 
this notice, we present the actuarial assumptions and bases from which 
these rates are derived. The Part B standard monthly premium rate for 
all enrollees for 2017 is $134.00.
    Section 1839 of the Act requires the Secretary to determine the 
monthly actuarial rates, including an appropriate amount for a 
contingency margin, and the Part B premium each year. For 2017, the 
Secretary made the determination that a 13 percent target reserve ratio 
by the end of 2017 is appropriate and reasonable to balance both the 
level of premium increase necessary for the incurred expenditures and 
the reserve ratio. With the selected target reserve ratio, the Part B 
premium in 2017 is a 10 percent increase from 2016.
    The following are the 2017 Part B monthly premium rates to be paid 
by (or on behalf of) beneficiaries who file an individual tax return 
(including those who are single, head of household, qualifying 
widow(er) with dependent child, or married filing separately who lived 
apart from their spouse for the entire taxable year), or a joint tax 
return.

----------------------------------------------------------------------------------------------------------------
                                                                                     Income-related     Total
Beneficiaries who file an individual tax return    Beneficiaries who file a joint       monthly        monthly
                  with income:                        tax return with income:          adjustment      premium
                                                                                         amount         amount
----------------------------------------------------------------------------------------------------------------
Less than or equal to $85,000..................  Less than or equal to $170,000...            $0.00      $134.00
Greater than $85,000 and less than or equal to   Greater than $170,000 and less               53.50       187.50
 $107,000.                                        than or equal to $214,000.
Greater than $107,000 and less than or equal to  Greater than $214,000 and less              133.90       267.90
 $160,000.                                        than or equal to $320,000.
Greater than $160,000 and less than or equal to  Greater than $320,000 and less              214.30       348.30
 $214,000.                                        than or equal to $428,000.
Greater than $214,000..........................  Greater than $428,000............           294.60       428.60
----------------------------------------------------------------------------------------------------------------

    In addition, the monthly premium rates to be paid by (or on behalf 
of) beneficiaries who are married and lived with their spouse at any 
time during the taxable year, but file a separate tax return from their 
spouse, are as follows:

------------------------------------------------------------------------
  Beneficiaries who are married and lived    Income-related     Total
 with their spouse at any time during the       monthly        monthly
 year, but file a separate tax return from     adjustment      premium
               their spouse:                     amount         amount
------------------------------------------------------------------------
Less than or equal to $85,000.............            $0.00      $134.00
Greater than $85,000 and less than or                214.30       348.30
 equal to $129,000........................
Greater than $129,000.....................           294.60       428.60
------------------------------------------------------------------------

    The Part B annual deductible for 2017 is $183.00 for all 
beneficiaries.

B. Statement of Actuarial Assumptions and Bases Employed in Determining 
the Monthly Actuarial Rates and the Monthly Premium Rate for Part B 
Beginning January 2017

    Except where noted, the actuarial assumptions and bases used to 
determine the monthly actuarial rates and the monthly premium rates for 
Part B are established by the Centers for Medicare & Medicaid Services 
Office of the Actuary. The estimates underlying these determinations 
are prepared by actuaries meeting the qualification standards and 
following the actuarial standards of practice established by the 
Actuarial Standards Board.
1. Actuarial Status of the Part B Account in the Supplementary Medical 
Insurance Trust Fund
    Under section 1839 of the Act, the starting point for determining 
the standard monthly premium is the amount that would be necessary to 
finance Part B on an incurred basis. This is the amount of income that 
would be sufficient to pay for services furnished during that year 
(including associated administrative costs) even though payment for 
some of these services will not be made until after the close of the 
year. The portion of income required to cover benefits not paid until 
after the close of the year is added to the trust fund and used when 
needed.
    The premium rates are established prospectively and are, therefore, 
subject to projection error. Additionally, legislation enacted after 
the financing was established, but effective for the period in which 
the financing is set, may affect program costs. As a result, the income 
to the program may not equal incurred costs. Therefore, trust fund 
assets must be maintained at a level that is adequate to cover an 
appropriate degree of variation between actual and projected costs, and 
the amount of incurred, but unpaid, expenses. Numerous factors 
determine what level of assets is appropriate to cover variation 
between actual and projected costs. The three most important of these 
factors are the: (1) Difference from prior years between the actual 
performance of the program and estimates made at the time financing was 
established; (2) likelihood and potential magnitude of expenditure 
changes resulting from enactment of legislation affecting Part B costs 
in a year subsequent to the establishment of financing for that year; 
and (3) expected relationship between incurred and cash expenditures. 
These factors are analyzed on an ongoing basis, as the trends can vary 
over time.
    Table 1 summarizes the estimated actuarial status of the trust fund 
as of the end of the financing period for 2015 and 2016.

[[Page 80067]]



 Table 1--Estimated Actuarial Status of the Part B Account in the Supplementary Medical Insurance Trust Fund as
                                       of the End of the Financing Period
----------------------------------------------------------------------------------------------------------------
                                                                                                 Assets less
                Financing period ending                    Assets ($ in     Liabilities ($    liabilities ($ in
                                                             millions)       in millions)         millions)
----------------------------------------------------------------------------------------------------------------
December 31, 2015......................................            68,157            24,712               43,445
December 31, 2016......................................            85,169            26,487               58,682
----------------------------------------------------------------------------------------------------------------

2. Monthly Actuarial Rate for Enrollees Age 65 and Older
    The monthly actuarial rate for enrollees age 65 and older is one-
half of the sum of monthly amounts for: (1) The projected cost of 
benefits; and (2) administrative expenses for each enrollee age 65 and 
older, after adjustments to this sum to allow for interest earnings on 
assets in the trust fund and an adequate contingency margin. The 
contingency margin is an amount appropriate to provide for possible 
variation between actual and projected costs and to amortize any 
surplus assets or unfunded liabilities.
    The monthly actuarial rate for enrollees age 65 and older for 2017 
is determined by first establishing per-enrollee cost by type of 
service from program data through 2016 and then projecting these costs 
for subsequent years. The projection factors used for financing periods 
from January 1, 2014 through December 31, 2017 are shown in Table 2.
    As indicated in Table 3, the projected per-enrollee amount required 
to pay for one-half of the total of benefits and administrative costs 
for enrollees age 65 and over for 2017 is $238.61. Based on current 
estimates, the assets associated with the aged Medicare beneficiaries 
at the end of 2016 are not sufficient to cover the amount of incurred, 
but unpaid, expenses and to provide for a significant degree of 
variation between actual and projected costs. Thus, a positive 
contingency margin is needed. The monthly actuarial rate of $261.90 
provides an adjustment of $25.07 for a contingency margin and -$1.78 
for interest earnings.
    The contingency margin for 2017 is affected by several factors. As 
noted previously, for most Part B beneficiaries the hold-harmless 
provision prevents their benefits under Section 202 or 223 of the Act 
from decreasing as a result of an increase in the Part B premium. For 
2016, social security benefits received no cost-of-living adjustment 
and therefore the majority of Part B enrollees were held harmless and 
paid a premium of $104.90, rather than the 2016 premium of $121.80. On 
October 18, 2016, the Social Security Administration announced that the 
increase in the benefits under Section 202 and 223 of the Act will be 
0.3 percent for 2017. As a result, the average 2017 social security 
benefit increase will be about $4.00 and the average 2017 premium paid 
by Part B enrollees who are held harmless will be about $109.00. 
Consequently, a minority of Part B enrollees will pay (or have paid on 
their behalf) a larger-than-normal premium, resulting from an increased 
contingency margin. The Part B premium of $134.00 for 2017 will be paid 
by (or on behalf of) approximately 30 percent of beneficiaries (those 
not subject to the hold-harmless provision). (As noted previously, 
individuals with higher incomes would not be held harmless and would 
pay a 2017 premium that is higher than $134.00.)
    Two other factors affect the contingency margin for 2017. Starting 
in 2011, manufacturers and importers of brand-name prescription drugs 
have paid a fee that is allocated to the Part B account of the SMI 
trust. For 2017, the total of these brand-name drug fees is estimated 
to be $3.9 billion. The contingency margin has been reduced to account 
for this additional revenue.
    Another factor impacting the contingency margin comes from the 
requirement that certain payment incentives, to encourage the 
development and use of health information technology (HIT) by Medicare 
physicians, are to be excluded from the premium determination. HIT 
positive incentive payments or penalties will be directly offset 
through transfers with the general fund of the Treasury. The monthly 
actuarial rate includes an adjustment of -$0.13 for HIT incentive 
payments in 2017.
    The traditional goal for the Part B reserve has been that assets 
minus liabilities at the end of a year should represent between 15 and 
20 percent of the following year's total incurred expenditures. To 
accomplish this goal, a 17 percent reserve ratio has been the normal 
target used to calculate the Part B premium. The Secretary, who 
determines the Part B premium each year under section 1839 of the Act, 
directed the Office of the Actuary to use a target reserve ratio for 
the Part B premium determination of 13 percent by the end of 2017. This 
targets a 2017 reserve ratio that is lower than the reserve ratio 
expected for the end of 2016. The Office of the Actuary has estimated 
that a target reserve ratio of 14 percent is the minimally financially 
adequate level for the Part B premium determination. The target reserve 
ratio of 13 percent is below this level resulting in a non-trivial risk 
of Part B income and trust fund assets being inadequate to cover Part B 
costs, which would occur if experience is significantly worse than 
current estimates. Financing rates in future years will likely need to 
be increased to restore the contingency reserve to an adequate level.
    The actuarial rate of $261.90 per month for aged beneficiaries, as 
announced in this notice for 2017, reflects that combined effect of the 
factors previously described and the projected assumptions listed in 
Table 2.
3. Monthly Actuarial Rate for Disabled Enrollees
    Disabled enrollees are those persons under age 65 who are enrolled 
in Part B because of entitlement to Social Security disability benefits 
for more than 24 months or because of entitlement to Medicare under the 
end-stage renal disease (ESRD) program. Projected monthly costs for 
disabled enrollees (other than those with ESRD) are prepared in a 
fashion parallel to the projection for the aged using appropriate 
actuarial assumptions (see Table 2). Costs for the ESRD program are 
projected differently because of the different nature of services 
offered by the program.
    As shown in Table 4, the projected per-enrollee amount required to 
pay for one-half of the total of benefits and administrative costs for 
disabled enrollees for 2017 is $285.21. The monthly actuarial rate of 
$254.20 also provides an adjustment of -$2.67 for interest earnings and 
-$28.34 for a contingency margin, reflecting the same factors described 
previously for the aged actuarial rate at magnitudes appropriate to the 
disabled rate determination. Based on current estimates, the assets 
associated with the disabled Medicare beneficiaries at the end of 2016 
are more-than sufficient to cover the amount of incurred, but unpaid, 
expenses and to provide for a significant

[[Page 80068]]

degree of variation between actual and projected costs. Thus, a 
negative contingency margin is needed to decrease assets to an 
appropriate level.
    The actuarial rate of $254.20 per month for disabled beneficiaries, 
as announced in this notice for 2017, reflects the combined net effect 
of the factors described previously for aged beneficiaries and the 
projection assumptions listed in Table 2.
4. Sensitivity Testing
    Several factors contribute to uncertainty about future trends in 
medical care costs. It is appropriate to test the adequacy of the rates 
using alternative cost growth rate assumptions. The results of those 
assumptions are shown in Table 5. One set represents increases that are 
higher and, therefore, more pessimistic than the current estimate. The 
other set represents increases that are lower and, therefore, more 
optimistic than the current estimate. The values for the alternative 
assumptions were determined from a statistical analysis of the 
historical variation in the respective increase factors.
    As indicated in Table 5, the monthly actuarial rates would result 
in an excess of assets over liabilities of $45,497 million by the end 
of December 2017 under the cost growth rate assumptions shown in Table 
2 and assuming that the provisions of current law are fully 
implemented. This amounts to 13.7 percent of the estimated total 
incurred expenditures for the following year.
    Assumptions that are somewhat more pessimistic (and that therefore 
test the adequacy of the assets to accommodate projection errors) 
produce a surplus of -$1,387 million by the end of December 2017 under 
current law, which amounts to -0.4 percent of the estimated total 
incurred expenditures for the following year. Under fairly optimistic 
assumptions, the monthly actuarial rates would result in a surplus of 
$89,869 million by the end of December 2017, or 31.0 percent of the 
estimated total incurred expenditures for the following year.
    The sensitivity analysis indicates that the premium and general 
revenue financing established for 2017, together with existing Part B 
account assets would not be adequate to cover estimated Part B costs 
for 2017 under current law if actual costs prove to be somewhat greater 
than expected.
5. Premium Rates and Deductible
    As determined in accordance with section 1839 of the Act, listed 
are the 2017 Part B monthly premium rates to be paid by beneficiaries 
who file an individual tax return (including those who are single, head 
of household, qualifying widow(er) with dependent child, or married 
filing separately who lived apart from their spouse for the entire 
taxable year), or a joint tax return.

----------------------------------------------------------------------------------------------------------------
                                                                                     Income-related     Total
Beneficiaries who file an individual tax return    Beneficiaries who file a joint       monthly        monthly
                  with income:                        tax return with income:          adjustment      premium
                                                                                         amount         amount
----------------------------------------------------------------------------------------------------------------
Less than or equal to $85,000..................  Less than or equal to $170,000...            $0.00      $134.00
Greater than $85,000 and less than or equal to   Greater than $170,000 and less               53.50       187.50
 $107,000.                                        than or equal to $214,000.
Greater than $107,000 and less than or equal to  Greater than $214,000 and less              133.90       267.90
 $160,000.                                        than or equal to $320,000.
Greater than $160,000 and less than or equal to  Greater than $320,000 and less              214.30       348.30
 $214,000.                                        than or equal to $428,000.
Greater than $214,000..........................  Greater than $428,000............           294.60       428.60
----------------------------------------------------------------------------------------------------------------

    In addition, the monthly premium rates to be paid by beneficiaries 
who are married and lived with their spouse at any time during the 
taxable year, but file a separate tax return from their spouse, are 
listed as follows:

------------------------------------------------------------------------
  Beneficiaries who are married and lived   Income-related      Total
 with their spouse at any time during the       monthly        monthly
 year, but file a separate tax return from    adjustment       premium
               their spouse:                    amount         amount
------------------------------------------------------------------------
Less than or equal to $85,000.............           $0.00       $134.00
Greater than $85,000 and less than or               214.30        348.30
 equal to $129,000........................
Greater than $129,000.....................          294.60        428.60
------------------------------------------------------------------------


                                    Table 2--Projection Factors \1\ 12-Month Periods Ending December 31 of 2014-2017
                                                                      [In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Physicians' services                              Other
                               ------------------------   Durable     Carrier     carrier   Outpatient     Home      Hospital       Other       Managed
         Calendar year                       Residual     medical     lab \4\    services    hospital     health      lab \6\   intermediary     care
                                 Fees \2\       \3\      equipment                  \5\                   agency                services \7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aged:
    2014......................         0.5         0.6       -14.3         6.5         2.7        12.6        -0.6       -29.1           4.5         6.4
    2015......................        -0.4         0.6         6.7         2.6         4.4         6.8        -1.4         2.4           5.0         2.1
    2016......................        -0.4         0.1        -5.1        -1.6         6.3         5.4         0.4         3.1           4.4         3.7
    2017......................         0.4         1.2         0.6         5.8         2.8         7.5         2.1         2.9           5.3         4.8
Disabled:
    2014......................         0.5         1.9       -11.0        13.6         4.2        13.6        -1.3       -35.9           7.3         9.4
    2015......................        -0.4         0.6         7.6         6.6         6.7         7.0        -1.0         0.6           9.9         1.4
    2016......................        -0.4         0.8        -4.6       -12.9         6.7         5.5         0.5         4.4           8.7         4.5
    2017......................         0.4         1.2         0.5         5.8         3.1         7.4         2.4         2.8           5.4         4.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All values for services other than managed care are per fee-for-service enrollee. Managed care values are per managed care enrollee.
\2\ As recognized for payment under the program.
\3\ Increase in the number of services received per enrollee and greater relative use of more expensive services.
\4\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\5\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services, parenteral and enteral drug costs, supplies,
  etc.
\6\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\7\ Includes services furnished in dialysis facilities, rural health clinics, federally qualified health centers, rehabilitation, and psychiatric
  hospitals, etc.


[[Page 80069]]


    Table 3--Derivation of Monthly Actuarial Rate for Enrollees Age 65 and Over for Financing Periods Ending
                                   December 31, 2014 Through December 31, 2017
                                                  [in dollars]
----------------------------------------------------------------------------------------------------------------
                                                      CY 2014         CY 2015         CY 2016         CY 2017
----------------------------------------------------------------------------------------------------------------
Covered services (at level recognized):
    Physician fee schedule......................           76.97           75.48           74.34           74.57
    Durable medical equipment...................            6.07            6.34            5.95            5.90
    Carrier lab \1\.............................            4.36            4.38            4.26            4.45
    Other carrier services \2\..................           22.05           22.53           23.66           24.01
    Outpatient hospital.........................           41.35           43.20           45.00           47.78
    Home health.................................            9.70            9.36            9.28            9.36
    Hospital lab \3\............................            2.25            2.25            2.29            2.33
    Other intermediary services \4\.............           16.79           17.25           17.80           18.51
    Managed care................................           73.65           78.38           83.02           88.95
                                                 ---------------------------------------------------------------
        Total services..........................          253.19          259.17          265.59          275.85
Cost sharing:
    Deductible..................................           -5.63           -5.64           -6.36           -7.00
    Coinsurance.................................          -28.18          -28.02          -28.14          -28.48
Sequestration of benefits.......................           -4.39           -4.51           -4.62           -4.81
HIT payment incentives..........................           -2.38           -1.08           -0.59           -0.13
                                                 ---------------------------------------------------------------
        Total benefits..........................          212.61          219.92          225.88          235.42
Administrative expenses.........................            3.24            2.82            3.00            3.19
Incurred expenditures...........................          215.84          222.74          228.88          238.61
Value of interest...............................           -1.93           -1.86           -1.75           -1.78
Contingency margin for projection error and to             -4.11          -11.08           10.47           25.07
 amortize the surplus or deficit................
                                                 ---------------------------------------------------------------
        Monthly actuarial rate..................          209.80          209.80          237.60          261.90
----------------------------------------------------------------------------------------------------------------
\1\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\2\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services,
  parenteral and enteral drug costs, supplies, etc.
\3\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\4\ Includes services furnished in dialysis facilities, rural health clinics, federally qualified health
  centers, rehabilitation and psychiatric hospitals, etc.


 Table 4--Derivation of Monthly Actuarial Rate for Disabled Enrollees for Financing Periods Ending December 31,
                                         2014 Through December 31, 2017
                                                  [in dollars]
----------------------------------------------------------------------------------------------------------------
                                                      CY 2014         CY 2015         CY 2016         CY 2017
----------------------------------------------------------------------------------------------------------------
Covered services (at level recognized):
    Physician fee schedule......................           83.44           81.07           79.87           79.59
    Durable medical equipment...................           11.96           12.44           11.65           11.48
    Carrier lab \1\.............................            7.18            7.41            6.34            6.58
    Other carrier services \2\..................           25.33           25.70           26.56           26.83
    Outpatient hospital.........................           59.58           61.51           63.56           66.98
    Home health.................................            8.28            7.92            7.79            7.82
    Hospital lab \3\............................            2.85            2.79            2.86            2.89
    Other intermediary services \4\.............           44.96           45.19           46.82           48.21
    Managed care................................           65.16           72.59           79.66           87.19
                                                 ---------------------------------------------------------------
        Total services..........................          308.74          316.61          325.13          337.55
Cost sharing:
    Deductible..................................           -5.29           -5.30           -5.97           -6.57
    Coinsurance.................................          -43.12          -42.78          -43.11          -43.70
Sequestration of benefits.......................           -5.20           -5.37           -5.52           -5.74
HIT payment incentives..........................           -2.55           -1.14           -0.63           -0.14
                                                 ---------------------------------------------------------------
      Total benefits............................          252.57          262.02          269.91          281.40
                                                 ---------------------------------------------------------------
Administrative expenses.........................            3.84            3.36            3.58            3.81
Incurred expenditures...........................          256.41          265.38          273.49          285.21
Value of interest...............................           -2.49           -2.22           -2.25           -2.67
Contingency margin for projection error and to            -35.02           -8.36           11.36          -28.34
 amortize the surplus or deficit................
                                                 ---------------------------------------------------------------
        Monthly actuarial rate..................          218.90          254.80          282.60          254.20
----------------------------------------------------------------------------------------------------------------
\1\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\2\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services,
  parenteral and enteral drug costs, supplies, etc.
\3\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\4\ Includes services furnished in dialysis facilities, rural health clinics, federally qualified health
  centers, rehabilitation and psychiatric hospitals, etc.


[[Page 80070]]


    Table 5--Actuarial Status of the Part B Account in the SMI Trust Fund Under Three Sets of Assumptions for
                                   Financing Periods Through December 31, 2017
----------------------------------------------------------------------------------------------------------------
                       As of December 31,                              2015            2016            2017
----------------------------------------------------------------------------------------------------------------
    Actuarial status (in $ millions):
    Assets......................................................          68,157          85,169          73,296
    Liabilities.................................................          24,712          26,487          27,798
                                                                 -----------------------------------------------
    Assets less liabilities.....................................          43,445          58,682          45,497
    Ratio (in percent) \1\......................................            14.7            18.6            13.7
Low cost projection:
    Actuarial status (in $ millions):
    Assets......................................................          68,157         100,826         116,438
    Liabilities.................................................          24,712          24,748          26,569
                                                                 -----------------------------------------------
    Assets less liabilities.....................................          43,445          76,078          89,869
    Ratio (in percent) \1\......................................            15.7            26.6            31.0
High cost projection:
    Actuarial status (in $ millions):
    Assets......................................................          68,157          69,173          27,830
    Liabilities.................................................          24,712          28,265          29,217
                                                                 -----------------------------------------------
    Assets less liabilities.....................................          43,445          40,908          -1,387
    Ratio (in percent) \1\......................................            13.9            11.8            -0.4
----------------------------------------------------------------------------------------------------------------
\1\ Ratio of assets less liabilities at the end of the year to the total incurred expenditures during the
  following year, expressed as a percent.

III. Collection of Information Requirements

    This document does not impose information collection requirements, 
that is, reporting, recordkeeping or third-party disclosure 
requirements. Consequently, there is no need for review by the Office 
of Management and Budget under the authority of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

IV. Regulatory Impact Analysis

A. Statement of Need

    Section 1839 of the Act requires us to annually announce (that is 
by September 30th of each year) the Part B monthly actuarial rates for 
aged and disabled beneficiaries as well as the monthly Part B premium. 
We also announce the Part B annual deductible because its determination 
is directly linked to the aged actuarial rate.

B. Overall Impact

    We have examined the impacts of this rule as required by Executive 
Order 12866 on Regulatory Planning and Review (September 30, 1993), 
Executive Order 13563 on Improving Regulation and Regulatory Review 
(January 18, 2011), the Regulatory Flexibility Act (RFA) (September 19, 
1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, 
section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 
1995, Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 
1999), and the Congressional Review Act (5 U.S.C. 804(2)).
    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). A 
regulatory impact analysis (RIA) must be prepared for major notices 
with economically significant effects ($100 million or more in any 1 
year). For 2017 approximately 70 percent of Part B enrollees will be 
held harmless from the full increase in the Part B premium but will pay 
a small increase in their Part B premium. However, all Part B enrollees 
will experience a deductible that increases from $166 in 2016 to $183 
in 2017. In addition, the standard Part B premium rate and the Part B 
income-related premium rates are higher than the respective amounts for 
2016. All of these changes together have an annual effect on the 
economy of $100 million or more. As a result, this notice is 
economically significant under section 3(f)(1) of Executive Order 12866 
and is a major action as defined under the Congressional Review Act (5 
U.S.C. 804(2)).
    As discussed earlier, this notice announces that the monthly 
actuarial rates applicable for 2017 are $261.90 for enrollees age 65 
and over and $254.20 for disabled enrollees under age 65. It also 
announces the 2017 monthly Part B premium rates to be paid by 
beneficiaries who file an individual tax return (including those who 
are single, head of household, qualifying widow(er) with a dependent 
child, or married filing separately who lived apart from their spouse 
for the entire taxable year), or a joint tax return.

----------------------------------------------------------------------------------------------------------------
                                                                                     Income-related     Total
Beneficiaries who file an individual tax return    Beneficiaries who file a joint       monthly        monthly
                  with income:                        tax return with income:          adjustment      premium
                                                                                         amount         amount
----------------------------------------------------------------------------------------------------------------
Less than or equal to $85,000..................  Less than or equal to $170,000...            $0.00      $134.00
Greater than $85,000 and less than or equal to   Greater than $170,000 and less               53.50       187.50
 $107,000.                                        than or equal to $214,000.
Greater than $107,000 and less than or equal to  Greater than $214,000 and less              133.90       267.90
 $160,000.                                        than or equal to $320,000.
Greater than $160,000 and less than or equal to  Greater than $320,000 and less              214.30       348.30
 $214,000.                                        than or equal to $428,000.
Greater than $214,000..........................  Greater than $428,000............           294.60       428.60
----------------------------------------------------------------------------------------------------------------


[[Page 80071]]

    In addition, the monthly premium rates to be paid by beneficiaries 
who are married and lived with their spouse at any time during the 
taxable year, but file a separate tax return from their spouse, are 
also announced and listed in the following chart:

------------------------------------------------------------------------
  Beneficiaries who are married and lived    Income-related     Total
 with their spouse at any time during the       monthly        monthly
 year, but file a separate tax return from     adjustment      premium
               their spouse:                     amount         amount
------------------------------------------------------------------------
Less than or equal to $85,000.............            $0.00      $134.00
Greater than $85,000 and less than or                214.30       348.30
 equal to $129,000........................
Greater than $129,000.....................           294.60       428.60
------------------------------------------------------------------------

    The RFA requires agencies to analyze options for regulatory relief 
of small businesses, if a rule has a significant impact on a 
substantial number of small entities. For purposes of the RFA, small 
entities include small businesses, nonprofit organizations, and small 
governmental jurisdictions. Individuals and states are not included in 
the definition of a small entity. This notice announces the monthly 
actuarial rates for aged (age 65 and over) and disabled (under 65) 
beneficiaries enrolled in Part B of the Medicare SMI program beginning 
January 1, 2017. Also, this notice announces the monthly premium for 
aged and disabled beneficiaries as well as the income-related monthly 
adjustment amounts to be paid by beneficiaries with modified adjusted 
gross income above certain threshold amounts. As a result, we are not 
preparing an analysis for the RFA because the Secretary has determined 
that this notice will not have a significant economic impact on a 
substantial number of small entities.
    In addition, section 1102(b) of the Act requires us to prepare a 
regulatory impact analysis if a rule may have a significant impact on 
the operations of a substantial number of small rural hospitals. This 
analysis must conform to the provisions of section 604 of the RFA. For 
purposes of section 1102(b) of the Act, we define a small rural 
hospital as a hospital that is located outside of a Metropolitan 
Statistical Area and has fewer than 100 beds. As we discussed 
previously, we are not preparing an analysis for section 1102(b) of the 
Act because the Secretary has determined that this notice will not have 
a significant effect on a substantial number of small rural hospitals.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also 
requires that agencies assess anticipated costs and benefits before 
issuing any rule whose mandates require spending in any 1-year of $100 
million in 1995 dollars, updated annually for inflation. In 2016, that 
threshold is approximately $146 million. Part B enrollees who are also 
enrolled in Medicaid have their monthly Part B premiums paid by 
Medicaid. The 2017 premium increase is estimated to be a cost to each 
state Medicaid program that is less than the threshold. This notice 
does not impose mandates that will have a consequential effect of the 
threshold amount or more on state, local, or tribal governments or on 
the private sector.
    Executive Order 13132 establishes certain requirements that an 
agency must meet when it publishes a proposed rule (and subsequent 
final rule) that imposes substantial direct compliance costs on state 
and local governments, preempts state law, or otherwise has Federalism 
implications. We have determined that this notice does not 
significantly affect the rights, roles, and responsibilities of states. 
Accordingly, the requirements of Executive Order 13132 do not apply to 
this notice.
    In accordance with the provisions of Executive Order 12866, this 
notice was reviewed by the Office of Management and Budget.

V. Waiver of Proposed Notice

    The Medicare statute requires the publication of the monthly 
actuarial rates and the Part B premium amounts in September. We 
ordinarily use general notices, rather than notice and comment 
rulemaking procedures, to make such announcements. In doing so, we note 
that, under the Administrative Procedure Act, interpretive rules, 
general statements of policy, and rules of agency organization, 
procedure, or practice are excepted from the requirements of notice and 
comment rulemaking.
    We considered publishing a proposed notice to provide a period for 
public comment. However, we may waive that procedure if we find, for 
good cause, that prior notice and comment are impracticable, 
unnecessary, or contrary to the public interest. The statute 
establishes the time period for which the premium rates will apply, and 
delaying publication of the Part B premium rate such that it would not 
be published before that time would be contrary to the public interest. 
Moreover, we find that notice and comment are unnecessary because the 
formulas used to calculate the Part B premiums are statutorily 
directed. Therefore, we find good cause to waive publication of a 
proposed notice and solicitation of public comments.

    Dated: November 8, 2016.
Andrew M. Slavitt,
Acting Administrator, Centers for Medicare & Medicaid Services.
    Dated: November 8, 2016.
Sylvia M. Burwell,
Secretary, Department of Health and Human Services.
[FR Doc. 2016-27425 Filed 11-10-16; 4:15 pm]
BILLING CODE 4120-01-P



                                                                             Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                           80063

                                                  B. Overall Impact                                       2017 under Medicare’s Hospital                        DEPARTMENT OF HEALTH AND
                                                     We have examined the impact of this                  Insurance Program (Medicare Part A).                  HUMAN SERVICES
                                                  notice as required by Executive Order                   As a result, we are not preparing an
                                                  12866 on Regulatory Planning and                        analysis for the RFA because the                      Centers for Medicare & Medicaid
                                                  Review (September 30, 1993), Executive                  Secretary has determined that this                    Services
                                                  Order 13563 on Improving Regulation                     notice will not have a significant                    [CMS–8064–N]
                                                  and Regulatory Review (January 18,                      economic impact on a substantial
                                                                                                          number of small entities.                             RIN 0938–AS72
                                                  2011), the Regulatory Flexibility Act
                                                  (RFA) (September 19, 1980, Pub. L. 96–                     In addition, section 1102(b) of the                Medicare Program; Medicare Part B
                                                  354), section 1102(b) of the Social                     Social Security Act requires us to                    Monthly Actuarial Rates, Premium
                                                  Security Act, section 202 of the                        prepare a regulatory impact analysis if               Rate, and Annual Deductible
                                                  Unfunded Mandates Reform Act of 1995                    a rule may have a significant impact on               Beginning January 1, 2017
                                                  (March 22, 1995; Pub. L. 104–4),                        the operations of a substantial number
                                                  Executive Order 13132 on Federalism                     of small rural hospitals. This analysis               AGENCY: Centers for Medicare &
                                                  (August 4, 1999) and the Congressional                  must conform to the provisions of                     Medicaid Services (CMS), HHS.
                                                  Review Act (5 U.S.C., Part I, Ch. 8).                   section 604 of the RFA. For purposes of               ACTION: Notice.
                                                     Executive Orders 12866 and 13563                     section 1102(b) of the Act, we define a
                                                  direct agencies to assess all costs and                                                                       SUMMARY:   This notice announces the
                                                                                                          small rural hospital as a hospital that is
                                                  benefits of available regulatory                                                                              monthly actuarial rates for aged (age 65
                                                                                                          located outside of a Metropolitan
                                                  alternatives and, if regulation is                                                                            and over) and disabled (under age 65)
                                                                                                          Statistical Area for Medicare payment
                                                  necessary, to select regulatory                                                                               beneficiaries enrolled in Part B of the
                                                                                                          regulations and has fewer than 100
                                                  approaches that maximize net benefits                                                                         Medicare Supplementary Medical
                                                                                                          beds. As discussed above, we are not
                                                  (including potential economic,                                                                                Insurance (SMI) program beginning
                                                                                                          preparing an analysis for section 1102(b)
                                                  environmental, public health and safety                                                                       January 1, 2017. In addition, this notice
                                                                                                          of the Act because the Secretary has
                                                  effects, distributive impacts, and                                                                            announces the monthly premium for
                                                                                                          determined that this notice will not
                                                  equity). A regulatory impact analysis                                                                         aged and disabled beneficiaries, the
                                                                                                          have a significant impact on the
                                                  (RIA) must be prepared for major                                                                              deductible for 2017, and the income-
                                                                                                          operations of a substantial number of
                                                  notices with economically significant                                                                         related monthly adjustment amounts to
                                                                                                          small rural hospitals.
                                                  effects ($100 million or more in any 1                                                                        be paid by beneficiaries with modified
                                                                                                             Section 202 of the Unfunded                        adjusted gross income above certain
                                                  year). As stated in section IV of this                  Mandates Reform Act of 1995 also
                                                  notice, we estimate that the total                                                                            threshold amounts. The monthly
                                                                                                          requires that agencies assess anticipated             actuarial rates for 2017 are $261.90 for
                                                  increase in costs to beneficiaries                      costs and benefits before issuing any
                                                  associated with this notice is about $740                                                                     aged enrollees and $254.20 for disabled
                                                                                                          rule whose mandates require spending                  enrollees. The standard monthly Part B
                                                  million due to: (1) The increase in the                 in any 1 year of $100 million in 1995
                                                  deductible and coinsurance amounts;                                                                           premium rate for all enrollees for 2017
                                                                                                          dollars, updated annually for inflation.              is $134.00, which is equal to 50 percent
                                                  and (2) the increase in the number of                   For 2016, that threshold accounting for
                                                  deductibles and daily coinsurance                                                                             of the monthly actuarial rate for aged
                                                                                                          inflation is approximately $146 million.              enrollees (or approximately 25 percent
                                                  amounts paid. As a result, this notice is               This notice does not impose mandates
                                                  economically significant under section                                                                        of the expected average total cost of Part
                                                                                                          that will have a consequential effect of              B coverage for aged enrollees) plus
                                                  3(f)(1) of Executive Order 12866 and is                 $146 million or more on state, local, or
                                                  a major action under the Congressional                                                                        $3.00. (The 2016 standard premium rate
                                                                                                          tribal governments or on the private                  was $121.80, which includes the $3.00
                                                  Review Act. In accordance with the                      sector.
                                                  provisions of Executive Order 12866,                                                                          repayment amount.) The Part B
                                                  this notice was reviewed by the Office                     Executive Order 13132 establishes                  deductible for 2017 is $183.00 for all
                                                  of Management and Budget.                               certain requirements that an agency                   Part B beneficiaries. If a beneficiary has
                                                     The RFA requires agencies to analyze                 must meet when it promulgates a                       to pay an income-related monthly
                                                  options for regulatory relief of small                  proposed rule (and subsequent final                   adjustment, they will have to pay a total
                                                  entities, if a rule has a significant impact            rule) that imposes substantial direct                 monthly premium of about 35, 50, 65,
                                                  on a substantial number of small                        requirement costs on state and local                  or 80 percent of the total cost of Part B
                                                  entities. For purposes of the RFA, small                governments, preempts state law, or                   coverage plus $4.20, $6.00, $7.80, or
                                                  entities include small businesses,                      otherwise has Federalism implications.                $9.60.
                                                  nonprofit organizations, and small                      Since this notice does not impose any                 DATES: Effective Date: January 1, 2017.
                                                  governmental jurisdictions. Most                        costs on state or local governments,                  FOR FURTHER INFORMATION CONTACT: M.
                                                  hospitals and most other providers and                  preempt state law, or have Federalism                 Kent Clemens, (410) 786–6391.
                                                  suppliers are small entities, either by                 implications, the requirements of                     SUPPLEMENTARY INFORMATION:
                                                  nonprofit status or by having revenues                  Executive Order 13132 are not
                                                  of less than $7.5 million to $38.5                      applicable.                                           I. Background
                                                  million in any 1 year (for details, see the               Dated: September 23, 2016.                             Part B is the voluntary portion of the
                                                  Small Business Administration’s Web                     Andrew M. Slavitt,                                    Medicare program that pays all or part
                                                  site at http://www.sba.gov/sites/default/                                                                     of the costs for physicians’ services,
                                                                                                          Acting Administrator, Centers for Medicare
                                                  files/files/Size_Standards_Table.pdf).                                                                        outpatient hospital services, certain
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          & Medicaid Services.
                                                  Individuals and states are not included                                                                       home health services, services furnished
                                                                                                            Dated: November 8, 2016.
                                                  in the definition of a small entity. As                                                                       by rural health clinics, ambulatory
                                                  discussed above, this annual notice                     Sylvia M. Burwell,                                    surgical centers, comprehensive
                                                  announces the inpatient hospital                        Secretary, Department of Health and Human             outpatient rehabilitation facilities, and
                                                  deductible and the hospital and                         Services.                                             certain other medical and health
                                                  extended care services coinsurance                      [FR Doc. 2016–27389 Filed 11–10–16; 4:15 pm]          services not covered by Medicare Part
                                                  amounts for services furnished in CY                    BILLING CODE 4120–01–P                                A, Hospital Insurance. Medicare Part B


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                                                  80064                      Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                  is available to individuals who are                     92–603), the premium rate, which was                  Part B rather than Part A. However,
                                                  entitled to Medicare Part A, as well as                 determined on a fiscal year basis, was                section 4611(e)(1) of the BBA required
                                                  to U.S. residents who have attained age                 limited to the lesser of the actuarial rate           that there be a transition from 1998
                                                  65 and are citizens, and aliens who were                for aged enrollees, or the current                    through 2002 for the aggregate amount
                                                  lawfully admitted for permanent                         monthly premium rate increased by the                 of the expenditures transferred from
                                                  residence and have resided in the                       same percentage as the most recent                    Part A to Part B. Section 4611(e)(2) of
                                                  United States for 5 consecutive years.                  general increase in monthly Title II                  the BBA also provided a specific yearly
                                                  Part B requires enrollment and payment                  social security benefits.                             proportion for the transferred funds.
                                                  of monthly premiums, as described in                       However, the passage of section 124                The proportions were 1⁄6 for 1998, 1⁄3 for
                                                  42 CFR part 407, subpart B, and part                    of the Tax Equity and Fiscal                          1999, 1⁄2 for 2000, 2⁄3 for 2001, and 5⁄6
                                                  408, respectively. The premiums paid                    Responsibility Act of 1982 (TEFRA)                    for 2002. For the purpose of determining
                                                  by (or on behalf of) all enrollees fund                 (Pub. L. 97–248) suspended this                       the correct amount of financing from
                                                  approximately one-fourth of the total                   premium determination process.                        general revenues of the Federal
                                                  incurred costs, and transfers from the                  Section 124 of TEFRA changed the                      Government, it was necessary to include
                                                  general fund of the Treasury pay                        premium basis to 50 percent of the                    only these transitional amounts in the
                                                  approximately three-fourths of these                    monthly actuarial rate for aged enrollees             monthly actuarial rates for both aged
                                                  costs.                                                  (that is, 25 percent of program costs for             and disabled enrollees, rather than the
                                                     The Secretary of the Department of                   aged enrollees). Section 606 of the                   total cost of the home health services
                                                  Health and Human Services (the                          Social Security Amendments of 1983                    being transferred.
                                                  Secretary) is required by section 1839 of               (Pub. L. 98–21), section 2302 of the                     Section 4611(e)(3) of the BBA also
                                                  the Social Security Act (the Act) to                    Deficit Reduction Act of 1984 (DEFRA                  specified, for the purpose of
                                                  announce the Part B monthly actuarial                   84) (Pub. L. 98–369), section 9313 of the             determining the premium, that the
                                                  rates for aged and disabled beneficiaries               Consolidated Omnibus Budget                           monthly actuarial rate for enrollees age
                                                  as well as the monthly Part B premium.                  Reconciliation Act of 1985 (COBRA 85)                 65 and over be computed as though the
                                                  The Part B annual deductible is                         (Pub. L. 99–272), section 4080 of the                 transition would occur for 1998 through
                                                  included because its determination is                   Omnibus Budget Reconciliation Act of                  2003 and that 1⁄7 of the cost be
                                                  directly linked to the aged actuarial rate.             1987 (OBRA 87) (Pub. L. 100–203), and                 transferred in 1998, 2⁄7 in 1999, 3⁄7 in
                                                     The monthly actuarial rates for aged                 section 6301 of the Omnibus Budget                    2000, 4⁄7 in 2001, 5⁄7 in 2002, and 6⁄7 in
                                                  and disabled enrollees are used to                      Reconciliation Act of 1989 (OBRA 89)                  2003. Therefore, the transition period
                                                  determine the correct amount of general                 (Pub. L. 101–239) extended the                        for incorporating this home health
                                                  revenue financing per beneficiary each                  provision that the premium be based on                transfer into the premium was 7 years
                                                  month. These amounts, according to                      50 percent of the monthly actuarial rate              while the transition period for including
                                                  actuarial estimates, will equal,                        for aged enrollees (that is, 25 percent of            these services in the actuarial rate was
                                                  respectively, one-half of the expected                  program costs for aged enrollees). This               6 years.
                                                  average monthly cost of Part B for each                 extension expired at the end of 1990.                    Section 811 of the Medicare
                                                  aged enrollee (age 65 or over) and one-                    The premium rate for 1991 through                  Prescription Drug, Improvement, and
                                                  half of the expected average monthly                    1995 was legislated by section                        Modernization Act of 2003 (Pub. L. 108–
                                                  cost of Part B for each disabled enrollee               1839(e)(1)(B) of the Act, as added by                 173, also known as the Medicare
                                                  (under age 65).                                         section 4301 of the Omnibus Budget                    Modernization Act, or MMA), which
                                                     The Part B deductible to be paid by                  Reconciliation Act of 1990 (OBRA 90)                  amended section 1839 of the Act,
                                                  enrollees is also announced. Prior to the               (Pub. L. 101–508). In January 1996, the               requires that, starting on January 1,
                                                  Medicare Prescription Drug,                             premium determination basis would                     2007, the Part B premium a beneficiary
                                                  Improvement, and Modernization Act of                   have reverted to the method established               pays each month be based on their
                                                  2003 (MMA) (Pub. L. 108–173), the Part                  by the 1972 Social Security Act                       annual income. Specifically, if a
                                                  B deductible was set in statute. After                  Amendments. However, section 13571                    beneficiary’s ‘‘modified adjusted gross
                                                  setting the 2005 deductible amount at                   of the Omnibus Budget Reconciliation                  income’’ is greater than the legislated
                                                  $110, section 629 of the MMA                            Act of 1993 (OBRA 93) (Pub. L. 103–66)                threshold amounts (for 2017, $85,000
                                                  (amending section 1833(b) of the Act)                   changed the premium basis to 50                       for a beneficiary filing an individual
                                                  requires that the Part B deductible be                  percent of the monthly actuarial rate for             income tax return, and $170,000 for a
                                                  indexed beginning in 2006. The                          aged enrollees (that is, 25 percent of                beneficiary filing a joint tax return) the
                                                  inflation factor to be used each year is                program costs for aged enrollees) for                 beneficiary is responsible for a larger
                                                  the annual percentage increase in the                   1996 through 1998.                                    portion of the estimated total cost of
                                                  Part B actuarial rate for enrollees age 65                 Section 4571 of the Balanced Budget                Part B benefit coverage. In addition to
                                                  and over. Specifically, the 2017 Part B                 Act of 1997 (BBA) (Pub. L. 105–33)                    the standard 25 percent premium, these
                                                  deductible is calculated by multiplying                 permanently extended the provision                    beneficiaries now have to pay an
                                                  the 2016 deductible by the ratio of the                 that the premium be based on 50                       income-related monthly adjustment
                                                  2017 aged actuarial rate to the 2016 aged               percent of the monthly actuarial rate for             amount. The MMA made no change to
                                                  actuarial rate. The amount determined                   aged enrollees (that is, 25 percent of                the actuarial rate calculation, and the
                                                  under this formula is then rounded to                   program costs for aged enrollees).                    standard premium, which will continue
                                                  the nearest $1.                                            The BBA included a further provision               to be paid by beneficiaries whose
                                                     The monthly Part B premium rate to                   affecting the calculation of the Part B               modified adjusted gross income is
                                                  be paid by aged and disabled enrollees                  actuarial rates and premiums for 1998                 below the applicable thresholds, still
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                                                  is also announced. (Although the costs                  through 2003. Section 4611 of the BBA                 represents 25 percent of the estimated
                                                  to the program per disabled enrollee are                modified the home health benefit                      total cost to the program of Part B
                                                  different than for the aged, the statute                payable under Part A for individuals                  coverage for an aged enrollee. However,
                                                  provides that they pay the same                         enrolled in Part B. Under this section,               depending on income and tax filing
                                                  premium amount.) Beginning with the                     beginning in 1998, expenditures for                   status, a beneficiary can now be
                                                  passage of section 203 of the Social                    home health services not considered                   responsible for 35, 50, 65, or 80 percent
                                                  Security Amendments of 1972 (Pub. L.                    ‘‘post-institutional’’ are payable under              of the estimated total cost of Part B


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                                                                             Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                           80065

                                                  coverage, rather than 25 percent. (For                  benefit payments, the premium increase                any reductions under section 1839(f) of
                                                  2018 and subsequent years, the income                   will be reduced, if necessary, to avoid               the Act are made.
                                                  thresholds are lower for the two highest                causing a decrease in the individual’s                   Section 1839 of the Act, as amended
                                                  income ranges, as a result of the                       net monthly payment. This decrease in                 by section 601(a) of the Bipartisan
                                                  Medicare Access and CHIP                                payment occurs if the increase in the                 Budget Act of 2015 (Pub. L. 114–74),
                                                  Reauthorization Act of 2015 (MACRA)                     individual’s social security benefit due              specified that the 2016 actuarial rate for
                                                  (Pub. L. 114–10).) The end result of the                to the cost-of-living adjustment under                enrollees age 65 and older be
                                                  higher premium is that the Part B                       section 215(i) of the Act is less than the            determined as if the hold-harmless
                                                  premium subsidy is reduced and less                     increase in the premium. Specifically,                provision did not apply. The premium
                                                  general revenue financing is required for               the reduction in the premium amount                   revenue that was lost by using the
                                                  beneficiaries with higher income                        applies if the individual is entitled to              resulting lower premium (excluding the
                                                  because they are paying a larger share of               benefits under section 202 or 223 of the              foregone income-related premium
                                                  the total cost with their premium. That                 Act for November and December of a                    revenue) was replaced by a transfer of
                                                  is, the premium subsidy continues to be                 particular year and the individual’s Part             general revenue from the Treasury,
                                                  approximately 75 percent for                            B premiums for December and the                       which will be repaid over time to the
                                                  beneficiaries with income below the                     following January are deducted from the               general fund.
                                                  applicable income thresholds, but will                  respective month’s section 202 or 223                    Starting in 2016, in order to repay the
                                                  be reduced for beneficiaries with                       benefits. The ‘‘hold-harmless’’ provision             balance due (which includes the
                                                  income above these thresholds. The                      does not apply to beneficiaries who are               transfer amount and the foregone
                                                  MMA specified that there be a 5-year                    required to pay an income-related                     income-related premium revenue), the
                                                  transition to full implementation of this               monthly adjustment amount.                            Part B premium otherwise determined
                                                  provision. However, section 5111 of the                    A check for benefits under section 202             will be increased by $3.00. These
                                                  Deficit Reduction Act of 2005 (DRA)                     or 223 of the Act is received in the                  repayment amounts will be added to the
                                                  (Pub. L. 109–171) modified the                          month following the month for which                   Part B premium otherwise determined
                                                  transition to a 3-year period.                          the benefits are due. The Part B                      each year and paid back to the general
                                                     Section 4732(c) of the BBA added                     premium that is deducted from a                       fund of the Treasury and will continue
                                                  section 1933(c) of the Act, which                       particular check is the Part B payment                until the balance due is paid back.
                                                  required the Secretary to allocate money                for the month in which the check is                      High-income enrollees pay an
                                                  from the Part B trust fund to the state                 received. Therefore, a benefit check for              additional $1.20, $3.00, $4.80, or $6.60
                                                  Medicaid programs for the purpose of                    November is not received until                        as part of the income-related monthly
                                                  providing Medicare Part B premium                       December, but has December’s Part B                   adjustment amount (IRMAA) premium
                                                  assistance from 1998 through 2002 for                   premium deducted from it.                             dollars, which reduce (dollar for dollar)
                                                  the low-income Medicaid beneficiaries                      Generally, if a beneficiary qualifies for          the amount of general revenue received
                                                  who qualify under section 1933 of the                   hold-harmless protection, the reduced                 by Part B from the general fund of the
                                                  Act. This allocation, while not a benefit               premium for the individual for that                   Treasury. Because of this general
                                                  expenditure, was an expenditure of the                  January and for each of the succeeding                revenue offset, the repayment IRMAA
                                                  trust fund and was included in                          11 months is the greater of either—                   premium dollars are not included in the
                                                  calculating the Part B actuarial rates                     • The monthly premium for January                  direct repayments made to the general
                                                  through 2002. For 2003 through 2015,                    reduced as necessary to make the                      fund of the Treasury from Part B in
                                                  the expenditure was made from the trust                 December monthly benefits, after the                  order to avoid a double repayment.
                                                  fund because the allocation was                         deduction of the Part B premium for                   (Only the $3.00 monthly repayment
                                                  temporarily extended. However,                          January, at least equal to the preceding              amounts are included in the direct
                                                  because the extension occurred after the                November’s monthly benefits, after the                repayments).
                                                  financing was determined, the                           deduction of the Part B premium for                      These repayment amounts will
                                                  allocation was not included in the                      December; or                                          continue until the total amount
                                                  calculation of the financing rates for                     • The monthly premium for that
                                                                                                                                                                collected is equal to the beginning
                                                  these years. Section 211 of MACRA                       individual for that December.
                                                                                                             In determining the premium                         balance due. (In the final year of the
                                                  permanently extended this expenditure,                                                                        repayment, the additional amounts may
                                                  which is included in the calculation of                 limitations under section 1839(f) of the
                                                                                                          Act, the monthly benefits to which an                 be modified in order to avoid an
                                                  the Part B actuarial rates for 2016 and                                                                       overpayment.) The repayment amounts
                                                  subsequent years.                                       individual is entitled under section 202
                                                                                                          or 223 of the Act do not include                      (excluding the repayment amounts for
                                                     Another provision affecting the
                                                                                                          retroactive adjustments or payments and               high-income enrollees) are subject to the
                                                  calculation of the Part B premium is
                                                                                                          deductions on account of work. Also,                  hold harmless provision. The beginning
                                                  section 1839(f) of the Act, as amended
                                                                                                          once the monthly premium amount is                    balance due was $9,066,409,000,
                                                  by section 211 of the Medicare
                                                                                                          established under section 1839(f) of the              consisting of $1,625,761,000 in forgone
                                                  Catastrophic Coverage Act of 1988
                                                                                                          Act, it will not be changed during the                income-related premium revenue plus a
                                                  (MCCA 88) (Pub. L. 100–360). (The
                                                                                                          year even if there are retroactive                    transfer amount of $7,440,648,000. It is
                                                  Medicare Catastrophic Coverage Repeal
                                                  Act of 1989 (Pub. L. 101–234) did not                   adjustments or payments and                           estimated that $701,088,000 will have
                                                  repeal the revisions to section 1839(f) of              deductions on account of work that                    been collected for repayment to the
                                                  the Act made by MCCA 88.) Section                       apply to the individual’s monthly                     general fund by the end of 2016.
                                                  1839(f) of the Act, referred to as the                  benefits.
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                                                                                                                                                                II. Provisions of the Notice
                                                  ‘‘hold-harmless’’ provision, provides                      Individuals who have enrolled in Part
                                                  that if an individual is entitled to                    B late or who have re-enrolled after the              A. Notice of Medicare Part B Monthly
                                                  benefits under section 202 or 223 of the                termination of a coverage period are                  Actuarial Rates, Monthly Premium
                                                  Act (the Old-Age and Survivors                          subject to an increased premium under                 Rates, and Annual Deductible
                                                  Insurance Benefit and the Disability                    section 1839(b) of the Act. The increase                The Medicare Part B monthly
                                                  Insurance Benefit, respectively) and has                is a percentage of the premium and is                 actuarial rates applicable for 2017 are
                                                  the Part B premium deducted from these                  based on the new premium rate before                  $261.90 for enrollees age 65 and over


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                                                  80066                              Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                  and $254.20 for disabled enrollees                                      the Part B premium each year. For 2017,                                    The following are the 2017 Part B
                                                  under age 65. In section II.B. of this                                  the Secretary made the determination                                    monthly premium rates to be paid by (or
                                                  notice, we present the actuarial                                        that a 13 percent target reserve ratio by                               on behalf of) beneficiaries who file an
                                                  assumptions and bases from which                                        the end of 2017 is appropriate and                                      individual tax return (including those
                                                  these rates are derived. The Part B                                     reasonable to balance both the level of                                 who are single, head of household,
                                                  standard monthly premium rate for all                                   premium increase necessary for the                                      qualifying widow(er) with dependent
                                                  enrollees for 2017 is $134.00.                                          incurred expenditures and the reserve                                   child, or married filing separately who
                                                    Section 1839 of the Act requires the                                  ratio. With the selected target reserve                                 lived apart from their spouse for the
                                                  Secretary to determine the monthly
                                                                                                                          ratio, the Part B premium in 2017 is a                                  entire taxable year), or a joint tax return.
                                                  actuarial rates, including an appropriate
                                                                                                                          10 percent increase from 2016.
                                                  amount for a contingency margin, and

                                                                                                                                                                                                                         Income-related     Total
                                                                                                                                                                                                                            monthly       monthly
                                                  Beneficiaries who file an individual tax return with income:                            Beneficiaries who file a joint tax return with income:                           adjustment     premium
                                                                                                                                                                                                                             amount       amount

                                                  Less than or equal to $85,000 ...........................................               Less than or equal to $170,000 ...............................                          $0.00     $134.00
                                                  Greater than $85,000 and less than or equal to $107,000                                 Greater than $170,000 and less than or equal to                                         53.50      187.50
                                                                                                                                            $214,000.
                                                  Greater than $107,000 and less than or equal to                                         Greater than $214,000 and less than or equal to                                        133.90      267.90
                                                    $160,000.                                                                               $320,000.
                                                  Greater than $160,000 and less than or equal to                                         Greater than $320,000 and less than or equal to                                        214.30      348.30
                                                    $214,000.                                                                               $428,000.
                                                  Greater than $214,000 .......................................................           Greater than $428,000 .............................................                    294.60      428.60



                                                    In addition, the monthly premium                                      beneficiaries who are married and lived                                 taxable year, but file a separate tax
                                                  rates to be paid by (or on behalf of)                                   with their spouse at any time during the                                return from their spouse, are as follows:

                                                                                                                                                                                                                         Income-related     Total
                                                  Beneficiaries who are married and lived with their spouse at any time during the year, but file a separate tax re-                                                        monthly       monthly
                                                  turn from their spouse:                                                                                                                                                  adjustment     premium
                                                                                                                                                                                                                             amount       amount

                                                  Less than or equal to $85,000 ..................................................................................................................................                $0.00     $134.00
                                                  Greater than $85,000 and less than or equal to $129,000 .......................................................................................                                214.30      348.30
                                                  Greater than $129,000 ..............................................................................................................................................           294.60      428.60



                                                     The Part B annual deductible for 2017                                standard monthly premium is the                                         actual and projected costs, and the
                                                  is $183.00 for all beneficiaries.                                       amount that would be necessary to                                       amount of incurred, but unpaid,
                                                                                                                          finance Part B on an incurred basis. This                               expenses. Numerous factors determine
                                                  B. Statement of Actuarial Assumptions
                                                  and Bases Employed in Determining the                                   is the amount of income that would be                                   what level of assets is appropriate to
                                                  Monthly Actuarial Rates and the                                         sufficient to pay for services furnished                                cover variation between actual and
                                                  Monthly Premium Rate for Part B                                         during that year (including associated                                  projected costs. The three most
                                                  Beginning January 2017                                                  administrative costs) even though                                       important of these factors are the: (1)
                                                                                                                          payment for some of these services will                                 Difference from prior years between the
                                                    Except where noted, the actuarial                                     not be made until after the close of the
                                                  assumptions and bases used to                                                                                                                   actual performance of the program and
                                                                                                                          year. The portion of income required to                                 estimates made at the time financing
                                                  determine the monthly actuarial rates                                   cover benefits not paid until after the
                                                  and the monthly premium rates for Part                                                                                                          was established; (2) likelihood and
                                                                                                                          close of the year is added to the trust                                 potential magnitude of expenditure
                                                  B are established by the Centers for                                    fund and used when needed.
                                                  Medicare & Medicaid Services Office of                                                                                                          changes resulting from enactment of
                                                  the Actuary. The estimates underlying                                      The premium rates are established                                    legislation affecting Part B costs in a
                                                  these determinations are prepared by                                    prospectively and are, therefore, subject                               year subsequent to the establishment of
                                                  actuaries meeting the qualification                                     to projection error. Additionally,                                      financing for that year; and (3) expected
                                                  standards and following the actuarial                                   legislation enacted after the financing                                 relationship between incurred and cash
                                                  standards of practice established by the                                was established, but effective for the                                  expenditures. These factors are analyzed
                                                  Actuarial Standards Board.                                              period in which the financing is set,                                   on an ongoing basis, as the trends can
                                                                                                                          may affect program costs. As a result,                                  vary over time.
                                                  1. Actuarial Status of the Part B Account                               the income to the program may not
                                                  in the Supplementary Medical                                            equal incurred costs. Therefore, trust                                     Table 1 summarizes the estimated
                                                  Insurance Trust Fund                                                    fund assets must be maintained at a                                     actuarial status of the trust fund as of
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                                                     Under section 1839 of the Act, the                                   level that is adequate to cover an                                      the end of the financing period for 2015
                                                  starting point for determining the                                      appropriate degree of variation between                                 and 2016.




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                                                                                    Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                                                 80067

                                                  TABLE 1—ESTIMATED ACTUARIAL STATUS OF THE PART B ACCOUNT IN THE SUPPLEMENTARY MEDICAL INSURANCE TRUST
                                                                                FUND AS OF THE END OF THE FINANCING PERIOD
                                                                                                                                                                                Assets            Liabilities     Assets less liabilities
                                                                                           Financing period ending                                                          ($ in millions)     ($ in millions)      ($ in millions)

                                                  December 31, 2015 ...................................................................................................              68,157              24,712                  43,445
                                                  December 31, 2016 ...................................................................................................              85,169              26,487                  58,682



                                                  2. Monthly Actuarial Rate for Enrollees                               202 and 223 of the Act will be 0.3                               reserve ratio expected for the end of
                                                  Age 65 and Older                                                      percent for 2017. As a result, the average                       2016. The Office of the Actuary has
                                                     The monthly actuarial rate for                                     2017 social security benefit increase                            estimated that a target reserve ratio of 14
                                                  enrollees age 65 and older is one-half of                             will be about $4.00 and the average                              percent is the minimally financially
                                                  the sum of monthly amounts for: (1) The                               2017 premium paid by Part B enrollees                            adequate level for the Part B premium
                                                  projected cost of benefits; and (2)                                   who are held harmless will be about                              determination. The target reserve ratio
                                                  administrative expenses for each                                      $109.00. Consequently, a minority of                             of 13 percent is below this level
                                                  enrollee age 65 and older, after                                      Part B enrollees will pay (or have paid                          resulting in a non-trivial risk of Part B
                                                  adjustments to this sum to allow for                                  on their behalf) a larger-than-normal                            income and trust fund assets being
                                                  interest earnings on assets in the trust                              premium, resulting from an increased                             inadequate to cover Part B costs, which
                                                  fund and an adequate contingency                                      contingency margin. The Part B                                   would occur if experience is
                                                  margin. The contingency margin is an                                  premium of $134.00 for 2017 will be                              significantly worse than current
                                                  amount appropriate to provide for                                     paid by (or on behalf of) approximately                          estimates. Financing rates in future
                                                  possible variation between actual and                                 30 percent of beneficiaries (those not                           years will likely need to be increased to
                                                  projected costs and to amortize any                                   subject to the hold-harmless provision).                         restore the contingency reserve to an
                                                  surplus assets or unfunded liabilities.                               (As noted previously, individuals with                           adequate level.
                                                     The monthly actuarial rate for                                     higher incomes would not be held                                   The actuarial rate of $261.90 per
                                                  enrollees age 65 and older for 2017 is                                harmless and would pay a 2017                                    month for aged beneficiaries, as
                                                  determined by first establishing per-                                 premium that is higher than $134.00.)                            announced in this notice for 2017,
                                                  enrollee cost by type of service from                                    Two other factors affect the                                  reflects that combined effect of the
                                                  program data through 2016 and then                                    contingency margin for 2017. Starting in                         factors previously described and the
                                                  projecting these costs for subsequent                                 2011, manufacturers and importers of                             projected assumptions listed in Table 2.
                                                  years. The projection factors used for                                brand-name prescription drugs have
                                                                                                                        paid a fee that is allocated to the Part                         3. Monthly Actuarial Rate for Disabled
                                                  financing periods from January 1, 2014                                                                                                 Enrollees
                                                  through December 31, 2017 are shown                                   B account of the SMI trust. For 2017, the
                                                  in Table 2.                                                           total of these brand-name drug fees is                              Disabled enrollees are those persons
                                                     As indicated in Table 3, the projected                             estimated to be $3.9 billion. The                                under age 65 who are enrolled in Part
                                                  per-enrollee amount required to pay for                               contingency margin has been reduced to                           B because of entitlement to Social
                                                  one-half of the total of benefits and                                 account for this additional revenue.                             Security disability benefits for more
                                                  administrative costs for enrollees age 65                                Another factor impacting the                                  than 24 months or because of
                                                  and over for 2017 is $238.61. Based on                                contingency margin comes from the                                entitlement to Medicare under the end-
                                                  current estimates, the assets associated                              requirement that certain payment                                 stage renal disease (ESRD) program.
                                                  with the aged Medicare beneficiaries at                               incentives, to encourage the                                     Projected monthly costs for disabled
                                                  the end of 2016 are not sufficient to                                 development and use of health                                    enrollees (other than those with ESRD)
                                                  cover the amount of incurred, but                                     information technology (HIT) by                                  are prepared in a fashion parallel to the
                                                  unpaid, expenses and to provide for a                                 Medicare physicians, are to be excluded                          projection for the aged using
                                                  significant degree of variation between                               from the premium determination. HIT                              appropriate actuarial assumptions (see
                                                  actual and projected costs. Thus, a                                   positive incentive payments or penalties                         Table 2). Costs for the ESRD program are
                                                  positive contingency margin is needed.                                will be directly offset through transfers                        projected differently because of the
                                                  The monthly actuarial rate of $261.90                                 with the general fund of the Treasury.                           different nature of services offered by
                                                  provides an adjustment of $25.07 for a                                The monthly actuarial rate includes an                           the program.
                                                  contingency margin and ¥$1.78 for                                     adjustment of ¥$0.13 for HIT incentive                              As shown in Table 4, the projected
                                                  interest earnings.                                                    payments in 2017.                                                per-enrollee amount required to pay for
                                                     The contingency margin for 2017 is                                    The traditional goal for the Part B                           one-half of the total of benefits and
                                                  affected by several factors. As noted                                 reserve has been that assets minus                               administrative costs for disabled
                                                  previously, for most Part B beneficiaries                             liabilities at the end of a year should                          enrollees for 2017 is $285.21. The
                                                  the hold-harmless provision prevents                                  represent between 15 and 20 percent of                           monthly actuarial rate of $254.20 also
                                                  their benefits under Section 202 or 223                               the following year’s total incurred                              provides an adjustment of ¥$2.67 for
                                                  of the Act from decreasing as a result of                             expenditures. To accomplish this goal, a                         interest earnings and ¥$28.34 for a
                                                  an increase in the Part B premium. For                                17 percent reserve ratio has been the                            contingency margin, reflecting the same
                                                  2016, social security benefits received                               normal target used to calculate the Part                         factors described previously for the aged
                                                  no cost-of-living adjustment and                                      B premium. The Secretary, who                                    actuarial rate at magnitudes appropriate
mstockstill on DSK3G9T082PROD with NOTICES




                                                  therefore the majority of Part B enrollees                            determines the Part B premium each                               to the disabled rate determination.
                                                  were held harmless and paid a premium                                 year under section 1839 of the Act,                              Based on current estimates, the assets
                                                  of $104.90, rather than the 2016                                      directed the Office of the Actuary to use                        associated with the disabled Medicare
                                                  premium of $121.80. On October 18,                                    a target reserve ratio for the Part B                            beneficiaries at the end of 2016 are
                                                  2016, the Social Security                                             premium determination of 13 percent by                           more-than sufficient to cover the
                                                  Administration announced that the                                     the end of 2017. This targets a 2017                             amount of incurred, but unpaid,
                                                  increase in the benefits under Section                                reserve ratio that is lower than the                             expenses and to provide for a significant


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                                                  80068                                   Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                  degree of variation between actual and                                   current estimate. The values for the                                   actuarial rates would result in a surplus
                                                  projected costs. Thus, a negative                                        alternative assumptions were                                           of $89,869 million by the end of
                                                  contingency margin is needed to                                          determined from a statistical analysis of                              December 2017, or 31.0 percent of the
                                                  decrease assets to an appropriate level.                                 the historical variation in the respective                             estimated total incurred expenditures
                                                    The actuarial rate of $254.20 per                                      increase factors.                                                      for the following year.
                                                  month for disabled beneficiaries, as                                        As indicated in Table 5, the monthly                                   The sensitivity analysis indicates that
                                                  announced in this notice for 2017,                                       actuarial rates would result in an excess                              the premium and general revenue
                                                  reflects the combined net effect of the                                  of assets over liabilities of $45,497                                  financing established for 2017, together
                                                  factors described previously for aged                                    million by the end of December 2017                                    with existing Part B account assets
                                                  beneficiaries and the projection                                         under the cost growth rate assumptions                                 would not be adequate to cover
                                                  assumptions listed in Table 2.                                           shown in Table 2 and assuming that the                                 estimated Part B costs for 2017 under
                                                                                                                           provisions of current law are fully                                    current law if actual costs prove to be
                                                  4. Sensitivity Testing                                                   implemented. This amounts to 13.7                                      somewhat greater than expected.
                                                     Several factors contribute to                                         percent of the estimated total incurred
                                                  uncertainty about future trends in                                                                                                              5. Premium Rates and Deductible
                                                                                                                           expenditures for the following year.
                                                  medical care costs. It is appropriate to                                    Assumptions that are somewhat more                                     As determined in accordance with
                                                  test the adequacy of the rates using                                     pessimistic (and that therefore test the                               section 1839 of the Act, listed are the
                                                  alternative cost growth rate                                             adequacy of the assets to accommodate                                  2017 Part B monthly premium rates to
                                                  assumptions. The results of those                                        projection errors) produce a surplus of                                be paid by beneficiaries who file an
                                                  assumptions are shown in Table 5. One                                    ¥$1,387 million by the end of                                          individual tax return (including those
                                                  set represents increases that are higher                                 December 2017 under current law,                                       who are single, head of household,
                                                  and, therefore, more pessimistic than                                    which amounts to ¥0.4 percent of the                                   qualifying widow(er) with dependent
                                                  the current estimate. The other set                                      estimated total incurred expenditures                                  child, or married filing separately who
                                                  represents increases that are lower and,                                 for the following year. Under fairly                                   lived apart from their spouse for the
                                                  therefore, more optimistic than the                                      optimistic assumptions, the monthly                                    entire taxable year), or a joint tax return.

                                                                                                                                                                                                                         Income-related            Total
                                                                                                                                                                                                                            monthly              monthly
                                                  Beneficiaries who file an individual tax return with income:                            Beneficiaries who file a joint tax return with income:                           adjustment            premium
                                                                                                                                                                                                                             amount              amount

                                                  Less than or equal to $85,000 ...........................................               Less than or equal to $170,000 ...............................                           $0.00           $134.00
                                                  Greater than $85,000 and less than or equal to $107,000                                 Greater than $170,000 and less than or equal to                                          53.50            187.50
                                                                                                                                            $214,000.
                                                  Greater than $107,000 and less than or equal to                                         Greater than $214,000 and less than or equal to                                         133.90            267.90
                                                    $160,000.                                                                               $320,000.
                                                  Greater than $160,000 and less than or equal to                                         Greater than $320,000 and less than or equal to                                         214.30            348.30
                                                    $214,000.                                                                               $428,000.
                                                  Greater than $214,000 .......................................................           Greater than $428,000 .............................................                     294.60            428.60



                                                    In addition, the monthly premium                                       married and lived with their spouse at                                 a separate tax return from their spouse,
                                                  rates to be paid by beneficiaries who are                                any time during the taxable year, but file                             are listed as follows:

                                                                                                                                                                                                                         Income-related     Total monthly
                                                  Beneficiaries who are married and lived with their spouse at any time during the year, but file a separate tax re-                                                        monthly           premium
                                                  turn from their spouse:                                                                                                                                                  adjustment          amount
                                                                                                                                                                                                                             amount

                                                  Less than or equal to $85,000 ..................................................................................................................................                $0.00            $134.00
                                                  Greater than $85,000 and less than or equal to $129,000 .......................................................................................                                214.30             348.30
                                                  Greater than $129,000 ..............................................................................................................................................           294.60             428.60


                                                                           TABLE 2—PROJECTION FACTORS 1 12-MONTH PERIODS ENDING DECEMBER 31 OF 2014–2017
                                                                                                                                                    [In percent]

                                                                                               Physicians’ services           Durable                             Other                              Home                            Other
                                                                                                                                                Carrier                          Outpatient                          Hospital                     Managed
                                                            Calendar year                                                     medical                            carrier                             health                      intermediary
                                                                                                                                                 lab 4                            hospital                            lab 6                         care
                                                                                               Fees 2      Residual 3        equipment                          services 5                           agency                        services 7

                                                  Aged:
                                                      2014     .............................       0.5               0.6          ¥14.3               6.5                2.7             12.6             ¥0.6           ¥29.1             4.5         6.4
                                                      2015     .............................      ¥0.4               0.6            6.7               2.6                4.4              6.8             ¥1.4             2.4             5.0         2.1
                                                      2016     .............................      ¥0.4               0.1           ¥5.1              ¥1.6                6.3              5.4              0.4             3.1             4.4         3.7
                                                      2017     .............................       0.4               1.2            0.6               5.8                2.8              7.5              2.1             2.9             5.3         4.8
                                                  Disabled:
                                                      2014     .............................       0.5               1.9          ¥11.0              13.6                4.2             13.6             ¥1.3           ¥35.9             7.3         9.4
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                                                      2015     .............................      ¥0.4               0.6            7.6               6.6                6.7              7.0             ¥1.0             0.6             9.9         1.4
                                                      2016     .............................      ¥0.4               0.8           ¥4.6             ¥12.9                6.7              5.5              0.5             4.4             8.7         4.5
                                                      2017     .............................       0.4               1.2            0.5               5.8                3.1              7.4              2.4             2.8             5.4         4.8
                                                    1 Allvalues for services other than managed care are per fee-for-service enrollee. Managed care values are per managed care enrollee.
                                                    2 As  recognized for payment under the program.
                                                    3 Increase in the number of services received per enrollee and greater relative use of more expensive services.
                                                    4 Includes services paid under the lab fee schedule furnished in the physician’s office or an independent lab.
                                                    5 Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services, parenteral and enteral drug costs, supplies, etc.
                                                    6 Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
                                                    7 Includes services furnished in dialysis facilities, rural health clinics, federally qualified health centers, rehabilitation, and psychiatric hospitals, etc.




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                                                                                        Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                                                80069

                                                       TABLE 3—DERIVATION OF MONTHLY ACTUARIAL RATE FOR ENROLLEES AGE 65 AND OVER FOR FINANCING PERIODS
                                                                             ENDING DECEMBER 31, 2014 THROUGH DECEMBER 31, 2017
                                                                                                                                                            [in dollars]

                                                                                                                                                                              CY 2014           CY 2015            CY 2016      CY 2017

                                                  Covered services (at level recognized):
                                                     Physician fee schedule .............................................................................                             76.97              75.48          74.34        74.57
                                                     Durable medical equipment ......................................................................                                  6.07               6.34           5.95         5.90
                                                     Carrier lab 1 ...............................................................................................                     4.36               4.38           4.26         4.45
                                                     Other carrier services 2 .............................................................................                           22.05              22.53          23.66        24.01
                                                     Outpatient hospital ....................................................................................                         41.35              43.20          45.00        47.78
                                                     Home health .............................................................................................                         9.70               9.36           9.28         9.36
                                                     Hospital lab 3 .............................................................................................                      2.25               2.25           2.29         2.33
                                                     Other intermediary services 4 ...................................................................                                16.79              17.25          17.80        18.51
                                                     Managed care ...........................................................................................                         73.65              78.38          83.02        88.95
                                                          Total services ....................................................................................                       253.19           259.17            265.59       275.85
                                                  Cost sharing:
                                                      Deductible .................................................................................................                   ¥5.63           ¥5.64             ¥6.36        ¥7.00
                                                      Coinsurance ..............................................................................................                    ¥28.18          ¥28.02            ¥28.14       ¥28.48
                                                  Sequestration of benefits .................................................................................                        ¥4.39           ¥4.51             ¥4.62        ¥4.81
                                                  HIT payment incentives ...................................................................................                         ¥2.38           ¥1.08             ¥0.59        ¥0.13
                                                              Total benefits .....................................................................................                  212.61           219.92            225.88       235.42
                                                  Administrative expenses ..................................................................................                          3.24             2.82              3.00         3.19
                                                  Incurred expenditures ......................................................................................                      215.84           222.74            228.88       238.61
                                                  Value of interest ...............................................................................................                 ¥1.93            ¥1.86             ¥1.75        ¥1.78
                                                  Contingency margin for projection error and to amortize the surplus or def-
                                                    icit .................................................................................................................           ¥4.11          ¥11.08              10.47        25.07
                                                                Monthly actuarial rate ........................................................................                     209.80           209.80            237.60       261.90
                                                     1 Includes      services paid under the lab fee schedule furnished in the physician’s office or an independent lab.
                                                     2 Includes      physician-administered drugs, ambulatory surgical center facility costs, ambulance services, parenteral and enteral drug costs, sup-
                                                  plies, etc.
                                                     3 Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
                                                     4 Includes services furnished in dialysis facilities, rural health clinics, federally qualified health centers, rehabilitation and psychiatric hospitals,
                                                  etc.

                                                        TABLE 4—DERIVATION OF MONTHLY ACTUARIAL RATE FOR DISABLED ENROLLEES FOR FINANCING PERIODS ENDING
                                                                                 DECEMBER 31, 2014 THROUGH DECEMBER 31, 2017
                                                                                                                                                            [in dollars]

                                                                                                                                                                              CY 2014           CY 2015            CY 2016      CY 2017

                                                  Covered services (at level recognized):
                                                     Physician fee schedule .............................................................................                             83.44              81.07          79.87        79.59
                                                     Durable medical equipment ......................................................................                                 11.96              12.44          11.65        11.48
                                                     Carrier lab 1 ...............................................................................................                     7.18               7.41           6.34         6.58
                                                     Other carrier services 2 .............................................................................                           25.33              25.70          26.56        26.83
                                                     Outpatient hospital ....................................................................................                         59.58              61.51          63.56        66.98
                                                     Home health .............................................................................................                         8.28               7.92           7.79         7.82
                                                     Hospital lab 3 .............................................................................................                      2.85               2.79           2.86         2.89
                                                     Other intermediary services 4 ...................................................................                                44.96              45.19          46.82        48.21
                                                     Managed care ...........................................................................................                         65.16              72.59          79.66        87.19
                                                          Total services ....................................................................................                       308.74           316.61            325.13       337.55
                                                  Cost sharing:
                                                      Deductible .................................................................................................                   ¥5.29           ¥5.30             ¥5.97        ¥6.57
                                                      Coinsurance ..............................................................................................                    ¥43.12          ¥42.78            ¥43.11       ¥43.70
                                                  Sequestration of benefits .................................................................................                        ¥5.20           ¥5.37             ¥5.52        ¥5.74
                                                  HIT payment incentives ...................................................................................                         ¥2.55           ¥1.14             ¥0.63        ¥0.14
                                                            Total benefits ........................................................................................                 252.57           262.02            269.91       281.40
                                                  Administrative expenses ..................................................................................                          3.84             3.36              3.58         3.81
                                                  Incurred expenditures ......................................................................................                      256.41           265.38            273.49       285.21
                                                  Value of interest ...............................................................................................                 ¥2.49            ¥2.22             ¥2.25        ¥2.67
                                                  Contingency margin for projection error and to amortize the surplus or def-
                                                    icit .................................................................................................................          ¥35.02           ¥8.36              11.36      ¥28.34
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                                                                Monthly actuarial rate ........................................................................                     218.90           254.80            282.60       254.20
                                                     1 Includes      services paid under the lab fee schedule furnished in the physician’s office or an independent lab.
                                                     2 Includes      physician-administered drugs, ambulatory surgical center facility costs, ambulance services, parenteral and enteral drug costs, sup-
                                                  plies, etc.
                                                     3 Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
                                                     4 Includes services furnished in dialysis facilities, rural health clinics, federally qualified health centers, rehabilitation and psychiatric hospitals,
                                                  etc.



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                                                  80070                               Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                   TABLE 5—ACTUARIAL STATUS OF THE PART B ACCOUNT IN THE SMI TRUST FUND UNDER THREE SETS OF ASSUMPTIONS
                                                                             FOR FINANCING PERIODS THROUGH DECEMBER 31, 2017

                                                                                                          As of December 31,                                                                           2015              2016            2017

                                                        Actuarial status (in $ millions):
                                                        Assets ...................................................................................................................................        68,157            85,169          73,296
                                                        Liabilities ...............................................................................................................................       24,712            26,487          27,798

                                                     Assets less liabilities .............................................................................................................                43,445            58,682          45,497
                                                     Ratio (in percent) 1 ................................................................................................................                  14.7              18.6            13.7
                                                  Low cost projection:
                                                     Actuarial status (in $ millions):
                                                     Assets ...................................................................................................................................           68,157           100,826         116,438
                                                     Liabilities ...............................................................................................................................          24,712            24,748          26,569

                                                      Assets less liabilities .............................................................................................................               43,445            76,078          89,869
                                                      Ratio (in percent) 1 ................................................................................................................                 15.7              26.6            31.0
                                                  High cost projection:
                                                      Actuarial status (in $ millions):
                                                      Assets ...................................................................................................................................          68,157            69,173          27,830
                                                      Liabilities ...............................................................................................................................         24,712            28,265          29,217

                                                        Assets less liabilities .............................................................................................................             43,445            40,908         ¥1,387
                                                        Ratio (in percent) 1 ................................................................................................................               13.9              11.8          ¥0.4
                                                     1 Ratio    of assets less liabilities at the end of the year to the total incurred expenditures during the following year, expressed as a percent.


                                                  III. Collection of Information                                             Order 13563 on Improving Regulation                                      However, all Part B enrollees will
                                                  Requirements                                                               and Regulatory Review (January 18,                                       experience a deductible that increases
                                                     This document does not impose                                           2011), the Regulatory Flexibility Act                                    from $166 in 2016 to $183 in 2017. In
                                                  information collection requirements,                                       (RFA) (September 19, 1980, Pub. L. 96–                                   addition, the standard Part B premium
                                                  that is, reporting, recordkeeping or                                       354), section 1102(b) of the Social                                      rate and the Part B income-related
                                                  third-party disclosure requirements.                                       Security Act, section 202 of the                                         premium rates are higher than the
                                                  Consequently, there is no need for                                         Unfunded Mandates Reform Act of 1995                                     respective amounts for 2016. All of
                                                  review by the Office of Management and                                     (March 22, 1995, Pub. L. 104–4),                                         these changes together have an annual
                                                  Budget under the authority of the                                          Executive Order 13132 on Federalism                                      effect on the economy of $100 million
                                                  Paperwork Reduction Act of 1995 (44                                        (August 4, 1999), and the Congressional                                  or more. As a result, this notice is
                                                  U.S.C. 3501 et seq.).                                                      Review Act (5 U.S.C. 804(2)).                                            economically significant under section
                                                                                                                                Executive Orders 12866 and 13563                                      3(f)(1) of Executive Order 12866 and is
                                                  IV. Regulatory Impact Analysis                                                                                                                      a major action as defined under the
                                                                                                                             direct agencies to assess all costs and
                                                  A. Statement of Need                                                       benefits of available regulatory                                         Congressional Review Act (5 U.S.C.
                                                                                                                             alternatives and, if regulation is                                       804(2)).
                                                     Section 1839 of the Act requires us to
                                                  annually announce (that is by                                              necessary, to select regulatory                                             As discussed earlier, this notice
                                                  September 30th of each year) the Part B                                    approaches that maximize net benefits                                    announces that the monthly actuarial
                                                  monthly actuarial rates for aged and                                       (including potential economic,                                           rates applicable for 2017 are $261.90 for
                                                  disabled beneficiaries as well as the                                      environmental, public health and safety                                  enrollees age 65 and over and $254.20
                                                  monthly Part B premium. We also                                            effects, distributive impacts, and                                       for disabled enrollees under age 65. It
                                                  announce the Part B annual deductible                                      equity). A regulatory impact analysis                                    also announces the 2017 monthly Part B
                                                  because its determination is directly                                      (RIA) must be prepared for major                                         premium rates to be paid by
                                                  linked to the aged actuarial rate.                                         notices with economically significant                                    beneficiaries who file an individual tax
                                                                                                                             effects ($100 million or more in any 1                                   return (including those who are single,
                                                  B. Overall Impact                                                          year). For 2017 approximately 70                                         head of household, qualifying
                                                    We have examined the impacts of this                                     percent of Part B enrollees will be held                                 widow(er) with a dependent child, or
                                                  rule as required by Executive Order                                        harmless from the full increase in the                                   married filing separately who lived
                                                  12866 on Regulatory Planning and                                           Part B premium but will pay a small                                      apart from their spouse for the entire
                                                  Review (September 30, 1993), Executive                                     increase in their Part B premium.                                        taxable year), or a joint tax return.

                                                                                                                                                                                                                       Income-related      Total
                                                                                                                                                                                                                          monthly        monthly
                                                  Beneficiaries who file an individual tax return with income:                                 Beneficiaries who file a joint tax return with income:                    adjustment      premium
                                                                                                                                                                                                                           amount        amount
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Less than or equal to $85,000 ...........................................                    Less than or equal to $170,000 ...............................                    $0.00     $134.00
                                                  Greater than $85,000 and less than or equal to $107,000                                      Greater than $170,000 and less than or equal to                                   53.50      187.50
                                                                                                                                                 $214,000.
                                                  Greater than $107,000 and less than or equal to                                              Greater than $214,000 and less than or equal to                                  133.90      267.90
                                                    $160,000.                                                                                    $320,000.
                                                  Greater than $160,000 and less than or equal to                                              Greater than $320,000 and less than or equal to                                  214.30      348.30
                                                    $214,000.                                                                                    $428,000.
                                                  Greater than $214,000 .......................................................                Greater than $428,000 .............................................              294.60      428.60



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                                                                                     Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                                                            80071

                                                    In addition, the monthly premium                                      any time during the taxable year, but file                              are also announced and listed in the
                                                  rates to be paid by beneficiaries who are                               a separate tax return from their spouse,                                following chart:
                                                  married and lived with their spouse at

                                                                                                                                                                                                                         Income-related     Total
                                                  Beneficiaries who are married and lived with their spouse at any time during the year, but file a separate tax re-                                                        monthly       monthly
                                                  turn from their spouse:                                                                                                                                                  adjustment     premium
                                                                                                                                                                                                                             amount       amount

                                                  Less than or equal to $85,000 ..................................................................................................................................                $0.00     $134.00
                                                  Greater than $85,000 and less than or equal to $129,000 .......................................................................................                                214.30      348.30
                                                  Greater than $129,000 ..............................................................................................................................................           294.60      428.60



                                                     The RFA requires agencies to analyze                                 enrolled in Medicaid have their                                         Moreover, we find that notice and
                                                  options for regulatory relief of small                                  monthly Part B premiums paid by                                         comment are unnecessary because the
                                                  businesses, if a rule has a significant                                 Medicaid. The 2017 premium increase                                     formulas used to calculate the Part B
                                                  impact on a substantial number of small                                 is estimated to be a cost to each state                                 premiums are statutorily directed.
                                                  entities. For purposes of the RFA, small                                Medicaid program that is less than the                                  Therefore, we find good cause to waive
                                                  entities include small businesses,                                      threshold. This notice does not impose                                  publication of a proposed notice and
                                                  nonprofit organizations, and small                                      mandates that will have a consequential                                 solicitation of public comments.
                                                  governmental jurisdictions. Individuals                                 effect of the threshold amount or more                                    Dated: November 8, 2016.
                                                  and states are not included in the                                      on state, local, or tribal governments or
                                                                                                                                                                                                  Andrew M. Slavitt,
                                                  definition of a small entity. This notice                               on the private sector.
                                                                                                                             Executive Order 13132 establishes                                    Acting Administrator, Centers for Medicare
                                                  announces the monthly actuarial rates                                                                                                           & Medicaid Services.
                                                  for aged (age 65 and over) and disabled                                 certain requirements that an agency
                                                                                                                          must meet when it publishes a proposed                                    Dated: November 8, 2016.
                                                  (under 65) beneficiaries enrolled in Part
                                                  B of the Medicare SMI program                                           rule (and subsequent final rule) that                                   Sylvia M. Burwell,
                                                  beginning January 1, 2017. Also, this                                   imposes substantial direct compliance                                   Secretary, Department of Health and Human
                                                  notice announces the monthly premium                                    costs on state and local governments,                                   Services.
                                                  for aged and disabled beneficiaries as                                  preempts state law, or otherwise has                                    [FR Doc. 2016–27425 Filed 11–10–16; 4:15 pm]
                                                  well as the income-related monthly                                      Federalism implications. We have                                        BILLING CODE 4120–01–P
                                                  adjustment amounts to be paid by                                        determined that this notice does not
                                                  beneficiaries with modified adjusted                                    significantly affect the rights, roles, and
                                                  gross income above certain threshold                                    responsibilities of states. Accordingly,                                DEPARTMENT OF HEALTH AND
                                                  amounts. As a result, we are not                                        the requirements of Executive Order                                     HUMAN SERVICES
                                                  preparing an analysis for the RFA                                       13132 do not apply to this notice.
                                                                                                                             In accordance with the provisions of                                 Centers for Medicare & Medicaid
                                                  because the Secretary has determined                                                                                                            Services
                                                  that this notice will not have a                                        Executive Order 12866, this notice was
                                                  significant economic impact on a                                        reviewed by the Office of Management
                                                                                                                          and Budget.                                                             [CMS–8063–N]
                                                  substantial number of small entities.
                                                     In addition, section 1102(b) of the Act                              V. Waiver of Proposed Notice
                                                                                                                                                                                                  RIN 0938–AS71
                                                  requires us to prepare a regulatory                                       The Medicare statute requires the
                                                  impact analysis if a rule may have a                                    publication of the monthly actuarial                                    Medicare Program; CY 2017 Part A
                                                  significant impact on the operations of                                 rates and the Part B premium amounts                                    Premiums for the Uninsured Aged and
                                                  a substantial number of small rural                                     in September. We ordinarily use general                                 for Certain Disabled Individuals Who
                                                  hospitals. This analysis must conform to                                notices, rather than notice and comment                                 Have Exhausted Other Entitlement
                                                  the provisions of section 604 of the                                    rulemaking procedures, to make such
                                                  RFA. For purposes of section 1102(b) of                                 announcements. In doing so, we note                                     AGENCY: Centers for Medicare &
                                                  the Act, we define a small rural hospital                               that, under the Administrative                                          Medicaid Services (CMS), HHS.
                                                  as a hospital that is located outside of                                Procedure Act, interpretive rules,                                      ACTION: Notice.
                                                  a Metropolitan Statistical Area and has                                 general statements of policy, and rules
                                                  fewer than 100 beds. As we discussed                                    of agency organization, procedure, or                                   SUMMARY:   This annual notice announces
                                                  previously, we are not preparing an                                     practice are excepted from the                                          Medicare’s Hospital Insurance (Part A)
                                                  analysis for section 1102(b) of the Act                                 requirements of notice and comment                                      premium for uninsured enrollees in
                                                  because the Secretary has determined                                    rulemaking.                                                             calendar year (CY) 2017. This premium
                                                  that this notice will not have a                                          We considered publishing a proposed                                   is paid by enrollees age 65 and over who
                                                  significant effect on a substantial                                     notice to provide a period for public                                   are not otherwise eligible for benefits
                                                  number of small rural hospitals.                                        comment. However, we may waive that                                     under Medicare Part A (hereafter known
                                                     Section 202 of the Unfunded                                          procedure if we find, for good cause,                                   as the ‘‘uninsured aged’’) and by certain
                                                  Mandates Reform Act of 1995 (UMRA)                                      that prior notice and comment are                                       disabled individuals who have
                                                  also requires that agencies assess                                      impracticable, unnecessary, or contrary                                 exhausted other entitlement. The
mstockstill on DSK3G9T082PROD with NOTICES




                                                  anticipated costs and benefits before                                   to the public interest. The statute                                     monthly Part A premium for the 12
                                                  issuing any rule whose mandates                                         establishes the time period for which                                   months beginning January 1, 2017, for
                                                  require spending in any 1-year of $100                                  the premium rates will apply, and                                       these individuals will be $413. The
                                                  million in 1995 dollars, updated                                        delaying publication of the Part B                                      premium for certain other individuals as
                                                  annually for inflation. In 2016, that                                   premium rate such that it would not be                                  described in this notice will be $227.
                                                  threshold is approximately $146                                         published before that time would be                                     DATES: Effective Date: This notice is
                                                  million. Part B enrollees who are also                                  contrary to the public interest.                                        effective on January 1, 2017.


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Document Created: 2016-11-15 00:48:04
Document Modified: 2016-11-15 00:48:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactM. Kent Clemens, (410) 786-6391.
FR Citation81 FR 80063 
RIN Number0938-AS72

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