82 FR 12509 - Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 82, Issue 42 (March 6, 2017)
Centers for Medicare & Medicaid Services
Federal Register Volume 82, Issue 42 (March 6, 2017)
| Page Range | 12509-12510 | |
| FR Document | 2017-04307 |
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)] [Rules and Regulations] [Pages 12509-12510] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04307] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 438 [CMS-2390-F4] RIN-0938-AS25 Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document corrects technical errors that appeared in the correcting amendment published in the January 3, 2017 Federal Register (82 FR 37 through 40) entitled, ``Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections.'' DATES: Effective Date: This correcting document is effective March 3, 2017. Applicability Date: The corrections indicated in this document are applicable beginning immediately. FOR FURTHER INFORMATION CONTACT: Elmer Barksdale, 410-786-1943, Gaysha Brooks, 410-409-3837, or Annette Brewer, 410-786-6580. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2016-31650 (82 FR 37 through 40), the correcting amendment entitled, ``Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections'' there were technical errors that are identified and corrected in this correcting document. These corrections are applicable immediately. II. Summary of Errors in Regulation Text On page 39, we made technical errors in the amendatory instructions amending the regulation text of Sec. 438.358(c)(3) and (4). Therefore, the Office of the Federal Register was not able to properly correct the regulations text as intended. III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. In addition, section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA requirement for notice and comment, and delay in effective date requirements. Section 553(b)(B) of the APA authorizes an agency to dispense with normal notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest; and includes a statement of the finding and the reasons for it in the notice. In our view, this correcting document does not constitute a rulemaking that would be subject to these requirements. This document merely corrects technical errors in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections correcting amendment. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies and payment methodologies that were adopted subject to notice and comment procedures in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. As a result, the corrections made through this correcting document are intended to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the policies adopted in that rule. Even if this were a rulemaking to which the notice and comment and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule or delaying the effective date of the corrections would be contrary to the public interest because it could result in a period of confusion about the applicability of the rules while those procedures are pending. Further, such procedures would be unnecessary, because the corrections in this document do not make substantive changes in the underlying policies but are limited to technical errors. This correcting document is intended solely to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the final policy determinations that were set forth in the overall rulemaking record. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date. List of Subjects in 42 CFR Part 438 Grant programs--health, Medicaid, Reporting and recordkeeping requirements. Correction In FR Doc. 2016-31650, published on January 3, 2017 (82 FR 37), make the following correction: On page 39, in the third column, remove amendatory instructions 8 and 9 and their amendments to Sec. 438.358. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments to part 438: [[Page 12510]] PART 438--MANAGED CARE 0 1. The authority citation for part 438 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 438.358 [Amended] 0 2. In Sec. 438.358-- 0 a. Amend paragraph (c)(3) by removing the reference ``(b)(2) of this section.'' and adding in its place the reference ``paragraph (b)(1)(ii) of this section.''; and 0 b. Amend paragraph (c)(4) by removing the reference ``(b)(1) of this section.'' and adding in its place the reference ``paragraph (b)(1)(i) of this section.''. Dated: February 28, 2017. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2017-04307 Filed 3-3-17; 8:45 am] BILLING CODE 4120-01-P
![Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Rules and Regulations 12509
Register on January 24, 2017 (82 FR FOR FURTHER INFORMATION CONTACT: comment procedures in the Medicaid
8346) instructed federal agencies to Elmer Barksdale, 410–786–1943, Gaysha and Children’s Health Insurance
delay the effective date of rules Brooks, 410–409–3837, or Annette Program (CHIP) Programs; Medicaid
published in the Federal Register, but Brewer, 410–786–6580. Managed Care, CHIP Delivered in
which have not yet taken effect, for a SUPPLEMENTARY INFORMATION: Managed Care, and Revisions Related to
period of 60 days from the date of the Third Party Liability final rule. As a
memorandum. The final rule sets forth I. Background result, the corrections made through this
the calculation of the 340B ceiling price In FR Doc. 2016–31650 (82 FR 37 correcting document are intended to
and application of civil monetary through 40), the correcting amendment ensure that the Medicaid and Children’s
penalties (CMPs). The effective date of entitled, ‘‘Medicaid and Children’s Health Insurance Program (CHIP)
that rule, which would have been March Health Insurance Program (CHIP) Programs; Medicaid Managed Care,
6, 2017, is now March 21, 2017. The Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and
temporary delay in the effective date of CHIP Delivered in Managed Care, and Revisions Related to Third Party
this final rule is necessary to give Revisions Related to Third Party Liability final rule accurately reflects
Department officials the opportunity for Liability; Corrections’’ there were the policies adopted in that rule.
further review and consideration of new technical errors that are identified and Even if this were a rulemaking to
regulations, consistent with the corrected in this correcting document. which the notice and comment and
Assistant to the President and Chief of These corrections are applicable delayed effective date requirements
Staff’s memorandum. immediately. applied, we find that there is good cause
to waive such requirements.
Dated: February 23, 2017. II. Summary of Errors in Regulation
Undertaking further notice and
James Macrae, Text
comment procedures to incorporate the
Acting Administrator, Health Resources and On page 39, we made technical errors corrections in this document into the
Services Administration. in the amendatory instructions Medicaid and Children’s Health
Approved: March 1, 2017. amending the regulation text of Insurance Program (CHIP) Programs;
Thomas E. Price, § 438.358(c)(3) and (4). Therefore, the Medicaid Managed Care, CHIP
Secretary, Department of Health and Human Office of the Federal Register was not Delivered in Managed Care, and
Services. able to properly correct the regulations Revisions Related to Third Party
[FR Doc. 2017–04337 Filed 3–2–17; 11:15 am] text as intended. Liability final rule or delaying the
BILLING CODE 4160–15–P
III. Waiver of Proposed Rulemaking effective date of the corrections would
and Delay in Effective Date be contrary to the public interest
because it could result in a period of
DEPARTMENT OF HEALTH AND Under 5 U.S.C. 553(b) of the
confusion about the applicability of the
HUMAN SERVICES Administrative Procedure Act (APA),
rules while those procedures are
the agency is required to publish a
pending. Further, such procedures
Centers for Medicare & Medicaid notice of the proposed rule in the
would be unnecessary, because the
Services Federal Register before the provisions
corrections in this document do not
of a rule take effect. In addition, section
make substantive changes in the
42 CFR Part 438 553(d) of the APA mandates a 30-day
underlying policies but are limited to
delay in effective date after issuance or
[CMS–2390–F4] technical errors. This correcting
publication of a rule. Sections 553(b)(B)
RIN–0938–AS25 document is intended solely to ensure
and 553(d)(3) of the APA provide for
that the Medicaid and Children’s Health
exceptions from the APA requirement
Medicaid and Children’s Health Insurance Program (CHIP) Programs;
for notice and comment, and delay in
Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP
effective date requirements. Section
Medicaid Managed Care, CHIP Delivered in Managed Care, and
553(b)(B) of the APA authorizes an
Delivered in Managed Care, and Revisions Related to Third Party
agency to dispense with normal notice
Revisions Related to Third Party Liability final rule accurately reflects
and comment rulemaking procedures
Liability; Corrections the final policy determinations that
for good cause if the agency makes a
were set forth in the overall rulemaking
AGENCY: Centers for Medicare & finding that the notice and comment
record. For these reasons, we believe
Medicaid Services (CMS), HHS. process is impracticable, unnecessary,
there is good cause to waive the
ACTION: Final rule; correcting or contrary to the public interest; and
requirements for notice and comment
amendment. includes a statement of the finding and
and delay in effective date.
the reasons for it in the notice.
SUMMARY: This document corrects In our view, this correcting document List of Subjects in 42 CFR Part 438
technical errors that appeared in the does not constitute a rulemaking that Grant programs—health, Medicaid,
correcting amendment published in the would be subject to these requirements. Reporting and recordkeeping
January 3, 2017 Federal Register (82 FR This document merely corrects requirements.
37 through 40) entitled, ‘‘Medicaid and technical errors in the Medicaid and
Children’s Health Insurance Program Children’s Health Insurance Program Correction
(CHIP) Programs; Medicaid Managed (CHIP) Programs; Medicaid Managed In FR Doc. 2016–31650, published on
asabaliauskas on DSK3SPTVN1PROD with RULES
Care, CHIP Delivered in Managed Care, Care, CHIP Delivered in Managed Care, January 3, 2017 (82 FR 37), make the
and Revisions Related to Third Party and Revisions Related to Third Party following correction:
Liability; Corrections.’’ Liability; Corrections correcting On page 39, in the third column,
DATES: Effective Date: This correcting amendment. The corrections contained remove amendatory instructions 8 and 9
document is effective March 3, 2017. in this document are consistent with, and their amendments to § 438.358.
Applicability Date: The corrections and do not make substantive changes to, Accordingly, 42 CFR chapter IV is
indicated in this document are the policies and payment methodologies corrected by making the following
applicable beginning immediately. that were adopted subject to notice and correcting amendments to part 438:
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![12510 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Rules and Regulations
PART 438—MANAGED CARE DATES: The date of issuance of the Flood seq.) and has determined that this action
Insurance Rate Map (FIRM) showing will not have a significant effect on the
■ 1. The authority citation for part 438 BFEs and modified BFEs for each human environment. This action is
continues to read as follows: community. This date may be obtained covered by categorical exclusions A4
Authority: Sec. 1102 of the Social Security by contacting the office where the maps and A7 identified in FEMA Instruction
Act (42 U.S.C. 1302). are available for inspection as indicated 108–1–1 and Department of Homeland
in the table below. Security (DHS) Instruction 023–01–001
§ 438.358 [Amended] –01, Appendix A.
ADDRESSES: The final BFEs for each
■ 2. In § 438.358— community are available for inspection Regulatory Flexibility Act. As flood
■ a. Amend paragraph (c)(3) by at the office of the Chief Executive elevation determinations are not within
removing the reference ‘‘(b)(2) of this Officer of each community. The the scope of the Regulatory Flexibility
section.’’ and adding in its place the respective addresses are listed in the Act, 5 U.S.C. 601–612, a regulatory
reference ‘‘paragraph (b)(1)(ii) of this table below. flexibility analysis is not required.
section.’’; and FOR FURTHER INFORMATION CONTACT: Rick Regulatory Classification. This final
■ b. Amend paragraph (c)(4) by Sacbibit, Chief, Engineering Services rule is not a significant regulatory action
removing the reference ‘‘(b)(1) of this Branch, Federal Insurance and under the criteria of section 3(f) of
section.’’ and adding in its place the Mitigation Administration, FEMA, 400 Executive Order 12866 of September 30,
reference ‘‘paragraph (b)(1)(i) of this C Street SW., Washington, DC 20472, 1993, Regulatory Planning and Review,
section.’’. (202) 646–7659, or (email) 58 FR 51735.
Dated: February 28, 2017. patrick.sacbibit@fema.dhs.gov; or visit Executive Order 13132, Federalism.
Wilma M. Robinson, the FEMA Map Information eXchange This final rule involves no policies that
Deputy Executive Secretary to the
(FMIX) online at www.floodmaps. have federalism implications under
Department, Department of Health and fema.gov/fhm/fmx_main.html. Executive Order 13132.
Human Services. SUPPLEMENTARY INFORMATION: The Executive Order 12988, Civil Justice
[FR Doc. 2017–04307 Filed 3–3–17; 8:45 am] Federal Emergency Management Agency Reform. This final rule meets the
BILLING CODE 4120–01–P (FEMA) makes the final determinations applicable standards of Executive Order
listed below for the modified BFEs for 12988.
each community listed. These modified
elevations have been published in List of Subjects in 44 CFR Part 67
DEPARTMENT OF HOMELAND
SECURITY newspapers of local circulation and Administrative practice and
ninety (90) days have elapsed since that procedure, Flood insurance, Reporting
Federal Emergency Management publication. The Deputy Associate and recordkeeping requirements.
Agency Administrator for Insurance and
Dated: February 16, 2017.
Mitigation has resolved any appeals
resulting from this notification. Roy E. Wright,
44 CFR Part 67
This final rule is issued in accordance Deputy Associate Administrator for Insurance
[Docket ID FEMA–2017–0002] with section 110 of the Flood Disaster and Mitigation, Federal Emergency
Protection Act of 1973, 42 U.S.C. 4104, Management Agency, Department of
Final Flood Elevation Determinations Homeland Security.
and 44 CFR part 67. FEMA has
AGENCY: Federal Emergency developed criteria for floodplain Accordingly, 44 CFR part 67 is
Management Agency, DHS. management in floodprone areas in amended as follows:
ACTION: Final rule. accordance with 44 CFR part 60.
Interested lessees and owners of real PART 67—[AMENDED]
SUMMARY: Base (1% annual-chance) property are encouraged to review the
Flood Elevations (BFEs) and modified proof Flood Insurance Study and FIRM ■ 1. The authority citation for part 67
BFEs are made final for the available at the address cited below for continues to read as follows:
communities listed below. The BFEs each community. The BFEs and Authority: 42 U.S.C. 4001 et seq.;
and modified BFEs are the basis for the modified BFEs are made final in the Reorganization Plan No. 3 of 1978, 3 CFR,
floodplain management measures that communities listed below. Elevations at 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
each community is required either to selected locations in each community 3 CFR, 1979 Comp., p. 376.
adopt or to show evidence of being are shown. § 67.11 [Amended]
already in effect in order to qualify or National Environmental Policy Act.
remain qualified for participation in the FEMA has reviewed this final rule for ■ 2. The tables published under the
National Flood Insurance Program purposes of the National Environmental authority of § 67.11 are amended as
(NFIP). Policy Act of 1969 (42 U.S.C. 4321 et follows:
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Document Created: 2017-03-04 00:06:33
Document Modified: 2017-03-04 00:06:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | Effective Date: This correcting document is effective March 3, 2017. | |
| Contact | Elmer Barksdale, 410-786-1943, Gaysha Brooks, 410-409-3837, or Annette Brewer, 410-786-6580. | |
| FR Citation | 82 FR 12509 | |
| CFR Associated | Grant Programs-Health; Medicaid and Reporting and Recordkeeping Requirements |
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