81_FR_80815 81 FR 80594 - Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers; Correction

81 FR 80594 - Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers; Correction

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

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range80594-80594
FR Document2016-27478

This document corrects typographical errors that appeared in the final rule published in the Federal Register on September 16, 2016 entitled ``Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers.''

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016)
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Rules and Regulations]
[Page 80594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27478]



[[Page 80594]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 482, 483, 484, and 485

[CMS-3178-CN]
RIN 0938-AO91


Medicare and Medicaid Programs; Emergency Preparedness 
Requirements for Medicare and Medicaid Participating Providers and 
Suppliers; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects typographical errors that appeared in 
the final rule published in the Federal Register on September 16, 2016 
entitled ``Medicare and Medicaid Programs; Emergency Preparedness 
Requirements for Medicare and Medicaid Participating Providers and 
Suppliers.''

DATES: This correcting document is effective November 15, 2016.

FOR FURTHER INFORMATION CONTACT:  Ronisha Blackstone, (410) 786-6882.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2016-21404 which appeared in the September 16, 2016 
Federal Register (81 FR 63860), entitled ``Medicare and Medicaid 
Programs; Emergency Preparedness Requirements for Medicare and Medicaid 
Participating Providers and Suppliers'', there were a number of 
typographical errors that are identified and corrected in the 
Correction of Errors section below. The provisions in this correction 
document are effective as if they had been included in the document 
published September 16, 2016. Accordingly, the corrections are 
effective November 15, 2016.

II. Summary of Errors

    On page 64030, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  482.15(h)(1).
    On page 64032, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  483.73(g)(1).
    On page 64034, we made a typographical error in numbering the 
paragraphs in Sec.  484.22(d)(1).
    On page 64037, we inadvertently omitted a paragraph number (that 
is, paragraph (xii)) in numbering the paragraphs in Sec.  
485.625(g)(1).

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    We believe that this correcting document does not constitute a rule 
that would be subject to the APA notice and comment or delayed 
effective date requirements. This correcting document corrects 
typographical errors in the regulations text of the final rule but does 
not make substantive changes to the policies that were adopted in the 
final rule. As a result, this correcting document is intended to ensure 
that the regulations text in the final rule accurately reflect the 
policies adopted in that final rule.
    In addition, even if this were a rule to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such requirements. Undertaking 
further notice and comment procedures to incorporate the corrections in 
this document into the final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest for providers and suppliers to receive the appropriate 
revisions in as timely a manner as possible, and to ensure that the 
Emergency Preparedness Requirements for Medicare and Medicaid 
Participating Providers and Suppliers final rule accurately reflects 
our policies. Furthermore, such procedures would be unnecessary, as we 
are not altering our policies, but rather, we are simply implementing 
correctly the policies that we previously proposed, received comment 
on, and subsequently finalized. This correcting document is intended 
solely to ensure that the Emergency Preparedness Requirements for 
Medicare and Medicaid Participating Providers and Suppliers final rule 
accurately reflects these revisions. Therefore, we believe we have good 
cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2016-21404 of September 16, 2016 (81 FR 63860), make the 
following corrections:


Sec.  482.15  [Corrected]

0
1. On page 64030, first column, in Sec.  482.15(h)(1), correctly 
redesignate paragraph (h)(1)(xiii) as paragraph (h)(1)(xii).


Sec.  483.73  [Corrected]

0
2. On page 64032, second column, in Sec.  483.73(g)(1), correctly 
redesignate paragraph (g)(1)(xiii) as paragraph (g)(1)(xii).


Sec.  484.22  [Corrected]

0
3. On page 64034, second column, in Sec.  484.22(d)(1), correct the 
paragraph designated ``(ii) Demonstrate staff'' is to read ``(iv) 
Demonstrate staff''.


Sec.  485.625  [Corrected]

0
4. On page 64037, third column, in Sec.  485.625(g)(1), correctly 
redesignate paragraph (g)(1)(xiii) as paragraph (g)(1)(xii).

    Dated: November 9, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-27478 Filed 11-15-16; 8:45 am]
 BILLING CODE 4120-01-P



                                                80594        Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Rules and Regulations

                                                DEPARTMENT OF HEALTH AND                                III. Waiver of Proposed Rulemaking                    Emergency Preparedness Requirements
                                                HUMAN SERVICES                                             We ordinarily publish a notice of                  for Medicare and Medicaid Participating
                                                                                                        proposed rulemaking in the Federal                    Providers and Suppliers final rule
                                                Centers for Medicare & Medicaid                         Register to provide a period for public               accurately reflects these revisions.
                                                Services                                                comment before the provisions of a rule               Therefore, we believe we have good
                                                                                                        take effect in accordance with section                cause to waive the notice and comment
                                                42 CFR Parts 482, 483, 484, and 485                     553(b) of the Administrative Procedure                and effective date requirements.
                                                [CMS–3178–CN]                                           Act (APA) (5 U.S.C. 553(b)). However,                 IV. Correction of Errors
                                                RIN 0938–AO91
                                                                                                        we can waive this notice and comment
                                                                                                                                                                In FR Doc. 2016–21404 of September
                                                                                                        procedure if the Secretary finds, for
                                                                                                                                                              16, 2016 (81 FR 63860), make the
                                                Medicare and Medicaid Programs;                         good cause, that the notice and
                                                                                                                                                              following corrections:
                                                Emergency Preparedness                                  comment process is impracticable,
                                                Requirements for Medicare and                           unnecessary, or contrary to the public                § 482.15    [Corrected]
                                                Medicaid Participating Providers and                    interest, and incorporates a statement of
                                                                                                        the finding and the reasons therefore in              ■ 1. On page 64030, first column, in
                                                Suppliers; Correction                                                                                         § 482.15(h)(1), correctly redesignate
                                                                                                        the notice.
                                                AGENCY:  Centers for Medicare &                            Section 553(d) of the APA ordinarily               paragraph (h)(1)(xiii) as paragraph
                                                Medicaid Services (CMS), HHS.                           requires a 30-day delay in effective date             (h)(1)(xii).
                                                ACTION: Final rule; correction.                         of final rules after the date of their                § 483.73    [Corrected]
                                                                                                        publication in the Federal Register.
                                                SUMMARY:   This document corrects                       This 30-day delay in effective date can               ■ 2. On page 64032, second column, in
                                                typographical errors that appeared in                   be waived, however, if an agency finds                § 483.73(g)(1), correctly redesignate
                                                the final rule published in the Federal                 for good cause that the delay is                      paragraph (g)(1)(xiii) as paragraph
                                                Register on September 16, 2016 entitled                 impracticable, unnecessary, or contrary               (g)(1)(xii).
                                                ‘‘Medicare and Medicaid Programs;                       to the public interest, and the agency                § 484.22    [Corrected]
                                                Emergency Preparedness Requirements                     incorporates a statement of the findings
                                                for Medicare and Medicaid Participating                 and its reasons in the rule issued.                   ■ 3. On page 64034, second column, in
                                                Providers and Suppliers.’’                                 We believe that this correcting                    § 484.22(d)(1), correct the paragraph
                                                DATES: This correcting document is                      document does not constitute a rule that              designated ‘‘(ii) Demonstrate staff’’ is to
                                                effective November 15, 2016.                            would be subject to the APA notice and                read ‘‘(iv) Demonstrate staff’’.
                                                FOR FURTHER INFORMATION CONTACT:                        comment or delayed effective date                     § 485.625    [Corrected]
                                                Ronisha Blackstone, (410) 786–6882.                     requirements. This correcting document
                                                                                                        corrects typographical errors in the                  ■ 4. On page 64037, third column, in
                                                SUPPLEMENTARY INFORMATION:                                                                                    § 485.625(g)(1), correctly redesignate
                                                                                                        regulations text of the final rule but does
                                                I. Background                                           not make substantive changes to the                   paragraph (g)(1)(xiii) as paragraph
                                                                                                        policies that were adopted in the final               (g)(1)(xii).
                                                  In FR Doc. 2016–21404 which
                                                appeared in the September 16, 2016                      rule. As a result, this correcting                      Dated: November 9, 2016.
                                                Federal Register (81 FR 63860), entitled                document is intended to ensure that the               Madhura Valverde,
                                                ‘‘Medicare and Medicaid Programs;                       regulations text in the final rule                    Executive Secretary to the Department,
                                                Emergency Preparedness Requirements                     accurately reflect the policies adopted               Department of Health and Human Services.
                                                for Medicare and Medicaid Participating                 in that final rule.                                   [FR Doc. 2016–27478 Filed 11–15–16; 8:45 am]
                                                Providers and Suppliers’’, there were a                    In addition, even if this were a rule to           BILLING CODE 4120–01–P
                                                number of typographical errors that are                 which the notice and comment
                                                identified and corrected in the                         procedures and delayed effective date
                                                Correction of Errors section below. The                 requirements applied, we find that there              FEDERAL COMMUNICATIONS
                                                provisions in this correction document                  is good cause to waive such                           COMMISSION
                                                are effective as if they had been                       requirements. Undertaking further
                                                included in the document published                      notice and comment procedures to                      47 CFR Part 64
                                                September 16, 2016. Accordingly, the                    incorporate the corrections in this
                                                                                                        document into the final rule or delaying              [CG Docket No. 02–278; FCC 16–99]
                                                corrections are effective November 15,
                                                2016.                                                   the effective date would be contrary to
                                                                                                                                                              Telephone Consumer Protection Act of
                                                                                                        the public interest because it is in the
                                                II. Summary of Errors                                                                                         1991
                                                                                                        public’s interest for providers and
                                                  On page 64030, we inadvertently                       suppliers to receive the appropriate                  AGENCY:  Federal Communications
                                                omitted a paragraph number (that is,                    revisions in as timely a manner as                    Commission.
                                                paragraph (xii)) in numbering the                       possible, and to ensure that the                      ACTION: Final rule.
                                                paragraphs in § 482.15(h)(1).                           Emergency Preparedness Requirements
                                                  On page 64032, we inadvertently                       for Medicare and Medicaid Participating               SUMMARY:   In this document, the
                                                omitted a paragraph number (that is,                    Providers and Suppliers final rule                    Commission modifies its rules under the
                                                paragraph (xii)) in numbering the                       accurately reflects our policies.                     Telephone Consumer Protection Act
                                                paragraphs in § 483.73(g)(1).                           Furthermore, such procedures would be                 (TCPA) to implement a provision of the
mstockstill on DSK3G9T082PROD with RULES




                                                  On page 64034, we made a                              unnecessary, as we are not altering our               Bipartisan Budget Act of 2015 that
                                                typographical error in numbering the                    policies, but rather, we are simply                   excepts from the TCPA’s prior-express-
                                                paragraphs in § 484.22(d)(1).                           implementing correctly the policies that              consent requirement autodialed and
                                                  On page 64037, we inadvertently                       we previously proposed, received                      prerecorded calls ‘‘made solely to
                                                omitted a paragraph number (that is,                    comment on, and subsequently                          collect a debt owed to or guaranteed by
                                                paragraph (xii)) in numbering the                       finalized. This correcting document is                the United States.’’ While certain debt
                                                paragraphs in § 485.625(g)(1).                          intended solely to ensure that the                    servicing calls are permitted under the


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Document Created: 2016-11-16 00:57:59
Document Modified: 2016-11-16 00:57:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesThis correcting document is effective November 15, 2016.
ContactRonisha Blackstone, (410) 786-6882.
FR Citation81 FR 80594 
RIN Number0938-AO91
CFR Citation42 CFR 482
42 CFR 483
42 CFR 484
42 CFR 485

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