81 FR 92696 - State Long-Term Care Ombudsman Programs

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Aging

Federal Register Volume 81, Issue 244 (December 20, 2016)

In the February 11, 2015 Federal Register, we published a final rule in order to implement provisions of the Older Americans Act (the Act) regarding States' Long-Term Care Ombudsman programs (Ombudsman programs). The effective date was July 1, 2016. This correcting amendment corrects a limited number of technical and typographical errors identified in the February 11, 2015 final rule.

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92696-92697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30455]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration on Aging

45 CFR Part 1324

RIN 0985-AA08


State Long-Term Care Ombudsman Programs

AGENCY: Administration on Aging, Administration for Community Living, 
HHS.

ACTION: Final rule; correction and correcting amendments.

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SUMMARY: In the February 11, 2015 Federal Register, we published a 
final rule in order to implement provisions of the Older Americans Act 
(the Act) regarding States' Long-Term Care Ombudsman programs 
(Ombudsman programs). The effective date was July 1, 2016. This 
correcting amendment corrects a limited number of technical and 
typographical errors identified in the February 11, 2015 final rule.

DATES: This correcting document is effective December 19, 2016.

FOR FURTHER INFORMATION CONTACT: Becky Kurtz, Director, Office of Long-
Term Care Ombudsman Programs, Administration for Community Living, 
Administration on Aging, Atlanta Federal Center, 61 Forsyth Street SW., 
Suite 5M69, Atlanta, Georgia 30303-8909, 404-562-7592.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-01914 of February 11, 2015 (80 FR 7704), the final 
rule entitled ``State Long-Term Care Ombudsman Programs,'' there were a 
number of technical and typographical errors that are identified and 
corrected in this correcting amendment. On July 1, 2016, those 
provisions of the final rule which had been originally codified as 45 
CFR part 1327 were re-numbered as 45 CFR parts 1324 in FR Doc. 2016-
13138 (81 FR 35644). The remaining provisions (originally codified as 
amendments to 45 CFR part 1321) remain unchanged. All of the provisions 
below refer to errors found in 45 CFR part 1324.

II. Summary of Changes

A. Summary of Changes in the Regulations Text

    1. On page 7765, in the regulations text for Sec.  1324.19(b)(5), 
we erroneously used the word ``paragraph'' instead of ``through.'' To 
correct this error, we have removed the word ``paragraph'' and replaced 
it with the word ``through.''
    2. On page 7765, in the regulations text for Sec.  
1324.19(b)(7)(i), we erroneously included the term ``has no resident 
representative.'' Since this situation (regarding the authority for the 
Ombudsman program to make a referral when a resident has ``no resident 
representative'') is not needed in this paragraph and already provided 
for in Sec.  1324.19(b)(6)(ii), the redundancy of this provision was in 
error. We believe elimination of this language will not change the 
requirements of this provision and will lessen confusion regarding its 
implementation.
    The corrections to the errors summarized in this section appear in 
the regulations text of this correcting amendment.

III. Waiver of Notice and Comment Procedure and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. However, 
under section 553(b)(B) of the APA, an agency may dispense with normal 
rule-making requirements for good cause if the agency makes a finding 
that the notice and comment process is impracticable, unnecessary, or 
contrary to the public interest. We find that there is good cause to 
waive such requirements. We find that notice and comment is unnecessary 
because we are not altering our policies; rather, we are simply 
implementing correctly the policies that

[[Page 92697]]

we previously proposed, received comment on, and subsequently 
finalized.
    In addition, section 553(d) of the APA mandates a 30-day delay in 
the effective date after issuance or publication of a rule. The 
section, however, creates an exception at section 553(d)(3) that allows 
the agency to avoid the 30-day delay in effective date when it has good 
cause and publishes it with the rule. We have found good cause to avoid 
the 30-day delay. As discussed above, this rule is merely a technical 
correction and makes no substantive changes to the rule. We believe the 
public is best served by having the final rule reflect these 
corrections as soon as possible.

List of Subjects for 45 CFR Part 1324

    Administrative practice and procedure, Aged, Long-term care.

    Accordingly, 45 CFR chapter XIII, subchapter C, is corrected by 
making the following correcting amendments to part 1324:

PART 1324--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS

0
1. The authority citation for part 1324 continues to read as follows:

    Authority: 42 U.S.C. 3001 et seq.; the Older Americans Act, as 
amended.


Sec.  1324.19  [Amended]

0
2. Section 1324.19 is amended as follows:
0
a. In paragraph (b)(5) by removing the word ``paragraph'' and adding in 
its place ``through''; and
0
b. In paragraph (b)(7)(i) by removing the words ``has no resident 
representative, or''.

    Dated: December 13, 2016.
Madhura C. Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-30455 Filed 12-19-16; 8:45 am]
 BILLING CODE 4150-04-P