82 FR 46182 - Administrative Simplification: Certification of Compliance for Health Plans; Withdrawal
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary Federal Register Volume 82, Issue 191 (October 4, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 191 (October 4, 2017)
| Page Range | 46182-46182 | |
| FR Document | 2017-21424 |
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)] [Proposed Rules] [Page 46182] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21424] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Parts 160 and 162 [CMS-0037-WN] Administrative Simplification: Certification of Compliance for Health Plans; Withdrawal AGENCY: Office of the Secretary, HHS. ACTION: Withdrawal of proposed rule. ----------------------------------------------------------------------- SUMMARY: This document withdraws the January 2, 2014, proposed rule that would have required a controlling health plan (CHP) to submit information and documentation demonstrating that it is compliant with certain standards and operating rules adopted by the Secretary of Health and Human Services (the Secretary) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This proposed rule would have also established penalty fees for a CHP that failed to comply with the certification of compliance requirements. DATES: As of October 4, 2017, the proposed rule published January 2, 2014, at 79 FR 298, is withdrawn. FOR FURTHER INFORMATION CONTACT: Geanelle G. Herring, (410) 786-4466. SUPPLEMENTARY INFORMATION: In the January 2, 2014, Federal Register (79 FR 298), we published the proposed rule titled ``Administrative Simplification: Certification of Compliance for Health Plans'' which would have required controlling health plans (CHPs) to submit certain information and documentation that demonstrated compliance with the standards and operating rules adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for three electronic transactions: Eligibility for a health plan, health care claim status, and health care electronic funds transfers (EFT) and remittance advice. The proposed rule would have also established penalty fees for a CHP that failed to comply with the certification of compliance requirements. We received approximately 72 public comments in response to the January 2, 2014 proposed rule. In light of the issues raised in the public comments received, we have decided to withdraw the January 2014 proposed rule in order to re-examine the issues and explore options and alternatives to comply with the statutory requirements. We note that the Secretary has established regulations pertaining to compliance with, and enforcement of, HIPAA Administrative Simplification standards and operating rules. The withdrawal of this proposed rule does not remove the requirements for covered entities to comply with any of those regulations codified at 45 CFR parts 160 and 162. Accordingly, the proposed rule published January 2, 2014, at 79 FR 298, is withdrawn. Dated: August 18, 2017. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: August 30, 2017. Thomas E. Price, Secretary, Department of Health and Human Services. [FR Doc. 2017-21424 Filed 10-3-17; 8:45 am] BILLING CODE 4120-01-P
![46182 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules
Dated: July 21, 2017. 2016 (no earlier than 60 days after the Secretary of Health and Human Services
Demetrios L. Kouzoukas, rule was finalized), and phase II would (the Secretary) under the Health
Principal Deputy Administrator and Director, begin no sooner than January 1, 2017. Insurance Portability and
Center for Medicare. The proposed goal was to have both Accountability Act of 1996 (HIPAA).
Approved: September 7, 2017. phases of the model in full operation This proposed rule would have also
Thomas E. Price, during the last 3 years of the proposed established penalty fees for a CHP that
Secretary, Department of Health and Human 5-year duration to fully evaluate failed to comply with the certification of
Services. changes and collect sufficient data. compliance requirements.
[FR Doc. 2017–21425 Filed 10–3–17; 8:45 am] We received 1,350 timely public
comments in response to the March 11, DATES: As of October 4, 2017, the
BILLING CODE 4120–01–P
2016, proposed rule. Some commenters proposed rule published January 2,
signaled their support for the proposed 2014, at 79 FR 298, is withdrawn.
DEPARTMENT OF HEALTH AND rule, however, a number of commenters FOR FURTHER INFORMATION CONTACT:
HUMAN SERVICES expressed concerns about the proposed Geanelle G. Herring, (410) 786–4466.
model. As we worked to address these
Centers for Medicare & Medicaid concerns, the complexity of the issues SUPPLEMENTARY INFORMATION: In the
Services related to the proposed model design January 2, 2014, Federal Register (79 FR
and the desire to increase stakeholder 298), we published the proposed rule
42 CFR Part 511 input led us to the decision to withdraw titled ‘‘Administrative Simplification:
the March 11, 2016 proposed rule. Certification of Compliance for Health
[CMS–1670–WN] Plans’’ which would have required
Moving forward, we want to ensure
RIN 0938–AS85 agency flexibility in re-examining these controlling health plans (CHPs) to
important issues and exploring new submit certain information and
Medicare Program; Part B Drug options and alternatives with documentation that demonstrated
Payment Model; Withdrawal stakeholders as we develop potential compliance with the standards and
payment models that support innovative operating rules adopted under the
AGENCY: Centers for Medicare &
approaches to improve quality, Health Insurance Portability and
Medicaid Services (CMS), HHS.
accessibility, and affordability, reduce Accountability Act of 1996 (HIPAA) for
ACTION: Withdrawal of proposed rule. three electronic transactions: Eligibility
Medicare program expenditures, and
SUMMARY: This document withdraws a empower patients and doctors to make for a health plan, health care claim
proposed rule that was published in the decisions about their health care. status, and health care electronic funds
Federal Register on March 11, 2016. Accordingly, the proposed rule transfers (EFT) and remittance advice.
The proposed rule discussed our published March 11, 2016, at 81 FR The proposed rule would have also
proposal to implement a new Medicare 13230, is withdrawn. established penalty fees for a CHP that
payment model under section 1115A of failed to comply with the certification of
Dated: July 17, 2017. compliance requirements.
the Social Security Act (the Act).
Seema Verma,
DATES: As of October 4, 2017, the We received approximately 72 public
Administrator, Centers for Medicare &
proposed rule published March 11, Medicaid Services.
comments in response to the January 2,
2016, at 81 FR 13230, is withdrawn. 2014 proposed rule. In light of the
Dated: August 25, 2017.
FOR FURTHER INFORMATION CONTACT: issues raised in the public comments
Thomas E. Price, received, we have decided to withdraw
Rasheeda Johnson, (410) 786–3434.
Secretary, Department of Health and Human the January 2014 proposed rule in order
SUPPLEMENTARY INFORMATION: On March Services.
11, 2016, we published a proposed rule to re-examine the issues and explore
[FR Doc. 2017–21420 Filed 10–3–17; 8:45 am] options and alternatives to comply with
in the Federal Register entitled
‘‘Medicare Program; Part B Drug
BILLING CODE 4120–01–P the statutory requirements. We note that
Payment Model’’ (81 FR 13230). The the Secretary has established regulations
rule proposed the Part B Drug Payment pertaining to compliance with, and
Model as a two-phase model that would DEPARTMENT OF HEALTH AND enforcement of, HIPAA Administrative
test whether alternative drug payment HUMAN SERVICES Simplification standards and operating
designs will lead to a reduction in rules. The withdrawal of this proposed
Office of the Secretary rule does not remove the requirements
Medicare expenditures, while
preserving or enhancing the quality of for covered entities to comply with any
45 CFR Parts 160 and 162 of those regulations codified at 45 CFR
care provided to Medicare beneficiaries.
In the first phase, CMS would test a [CMS–0037–WN] parts 160 and 162.
change to the 6 percent add-on to Accordingly, the proposed rule
Average Sales Price (ASP) that is used Administrative Simplification: published January 2, 2014, at 79 FR 298,
to make drug payments under Part B Certification of Compliance for Health is withdrawn.
such that the add-on would be 2.5 Plans; Withdrawal
Dated: August 18, 2017.
percent plus a flat fee (in a budget AGENCY: Office of the Secretary, HHS. Seema Verma,
neutral manner). In the second phase,
sradovich on DSK3GMQ082PROD with PROPOSALS
ACTION: Withdrawal of proposed rule. Administrator, Centers for Medicare &
we would implement a collection of
Medicaid Services.
value-based purchasing tools similar to SUMMARY: This document withdraws the
those employed by commercial health January 2, 2014, proposed rule that Dated: August 30, 2017.
plans, pharmacy benefit managers, would have required a controlling Thomas E. Price,
hospitals, and other entities that manage health plan (CHP) to submit information Secretary, Department of Health and Human
health benefits and drug utilization. We and documentation demonstrating that Services.
proposed to operate the model for 5 it is compliant with certain standards [FR Doc. 2017–21424 Filed 10–3–17; 8:45 am]
years; phase I would begin in the fall of and operating rules adopted by the BILLING CODE 4120–01–P
VerDate Sep<11>2014 18:17 Oct 03, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 E:\FR\FM\04OCP1.SGM 04OCP1](https://thefederalregister.org/doc/82_FR_46373/page/1.svg)
Document Created: 2018-10-25 09:54:48
Document Modified: 2018-10-25 09:54:48
| 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 | Proposed Rules | |
| Action | Withdrawal of proposed rule. | |
| Dates | As of October 4, 2017, the proposed rule published January 2, 2014, at 79 FR 298, is withdrawn. | |
| Contact | Geanelle G. Herring, (410) 786-4466. | |
| FR Citation | 82 FR 46182 | |
| CFR Citation | 45
CFR
160 45 CFR 162 |
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