82 FR 61519 - Medicare Program Contract Year 2019 Policy and Technical Changes to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-For-Service, the Medicare Prescription Drug Benefit Programs, and the PACE Program; Correction

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

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61519-61520
FR Document		2017-27943

This document corrects technical and typographical errors in the proposed rule that appeared in the November 28, 2017 issue of the Federal Register titled ``Medicare Program Contract Year 2019 Policy and Technical Changes to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-For-Service, the Medicare Prescription Drug Benefit Programs, and the PACE Program''.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Proposed Rules]
[Pages 61519-61520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27943]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 417, 422, 423, 460, and 498

[CMS-4182-CN]
RIN 0938-AT08


Medicare Program Contract Year 2019 Policy and Technical Changes 
to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-For-
Service, the Medicare Prescription Drug Benefit Programs, and the PACE 
Program; Correction

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

ACTION: Proposed rule; correction.

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

SUMMARY: This document corrects technical and typographical errors in 
the proposed rule that appeared in the November 28, 2017 issue of the 
Federal Register titled ``Medicare Program Contract Year 2019 Policy 
and Technical Changes to the Medicare Advantage, Medicare Cost Plan, 
Medicare Fee-For-Service, the Medicare Prescription Drug Benefit 
Programs, and the PACE Program''.

FOR FURTHER INFORMATION CONTACT: Marie Manteuffel, (410) 786-3447. 
Lucia Patrone, (410) 786-8621.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2017-25068 of November 28, 2017 (82 FR 56336), there 
were a number of technical and typographical errors that are identified 
and corrected in the Correction of Errors section of this correcting 
document.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 56366, in the listing of parts of the Code of Federal 
Regulations (CFR) that are being revised by the proposed rule, we 
inadvertently omitted 42 CFR part 460.
    On page 56488, in our discussion of reducing the burden of the 
medical loss ratio (MLR) reporting requirements, we made errors in our 
description of the tasks performed by our contractor during the initial 
analyses or desk reviews of MLR reports and the entities for which they 
perform these tasks (that is, MA organizations and Part D sponsors, not 
just MA organizations).

B. Summary of Errors in the Regulations Text

    On pages 56498 and 56516, in the proposed regulations text for the 
calculation of the Part D improvement scores (Sec. Sec.  
422.164(f)(4)(vi) and 423.184(f)(4)(vi), respectively), we made errors 
in referencing the proposed provision for the clustering algorithm.
    On page 56509, in the regulations text changes for Sec.  
423.120(b)(5)(i)(A) and (B), we made technical errors in the timeframes 
regarding notice of formulary changes and supply of the Part D drug.
    On page 56510, we inadvertently omitted regulations text changes 
for Sec.  423.128(a)(3) that we discussed in section II.B.4. of the 
proposed rule (see 82 FR 56432). These proposed changes would require 
MA plans and Part D Sponsors to provide the information in Sec.  
423.128(b) by the first day of the annual enrollment period.

III. Correction of Errors

    In FR Doc. 2017-25068 of November 28, 2017 (82 FR 56336), we are 
making the following corrections:

A. Corrections of Errors in the Preamble

    1. On page 56366, first column, line 6 (part heading), the phrase 
``423, and'' is corrected to read ``423, 460, and''.
    2. On page 56488, first column, third full paragraph, the paragraph 
that begins with the phrase ``Our proposal to

[[Page 61520]]

significantly reduce the amount'' and ends with the phrase ``in order 
to resolve potential compliance issues.'' is corrected to read as 
follows:
    ``Our proposal to significantly reduce the amount of MLR data 
submitted to CMS would eliminate the need for CMS to continue to pay a 
contractor approximately $390,000 a year to perform initial analyses or 
desk reviews of the detailed MLR reports submitted by MA organizations 
and Part D sponsors. These initial analyses or desk reviews are done by 
our contractors in order to identify omissions and suspected 
inaccuracies and to communicate their findings to MA organizations and 
Part D sponsors in order to resolve potential compliance issues.''

B. Correction of Errors in the Regulations Text


Sec.  422.164   [Corrected]

0
1. On page 56498, third column, in Sec.  422.164(f)(4)(vi), lines 4 
through 6, the reference ``Sec. Sec.  422.166(a)(2)(ii) through (iv) 
and 423.186(a)(2)(ii) through (iv)'' is corrected to read, ``Sec. Sec.  
422.166(a)(2)(iii) and 423.186(a)(2)(iii)''.


Sec.  423.120   [Corrected]

0
2. On page 56509, first column--
0
a. Sixth paragraph, amendatory instruction 62e is corrected to read 
``e. In paragraph (b)(5)(i)(A), by removing the phrase ``60 days'' and 
adding in its place the phrase ``30 days'';''.
0
b. Eighth paragraph, amendatory instruction 62f is corrected to read 
``f. In paragraph (b)(5)(i)(B), by removing the phrase ``60 day 
supply'' and adding in its place the phrase ``month's supply'';''.


Sec.  423.128  [Corrected]

0
3. On page 56510, second column--
0
a. Third full paragraph, amendatory instruction 63 is corrected to read 
``63. Section 423.128 is amended by revising paragraphs (a)(3) and 
(d)(2)(iii) to reads as follows:''.
0
b. Following the third full paragraph, Sec.  423.128, the text is 
corrected by adding the following text after the section heading and 
before line 1 (5 stars) to read as follows:
    '' (a) * * *
    (3) At the time of enrollment and at least annually thereafter, by 
the first day of the annual coordinated election period.''


Sec.  423.184  [Corrected]

0
4. On page 56516, third column, in Sec.  423.184(f)(4)(vi), line 4, the 
reference ``Sec.  423.186(a)(2)(ii)'' is corrected to read ``Sec.  
423.186(a)(2)(iii)''.

    Dated: December 19, 2017.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2017-27943 Filed 12-27-17; 8:45 am]
 BILLING CODE 4120-01-P

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules 61519

of an individual source, we are again VI. Statutory and Executive Order FOR FURTHER INFORMATION CONTACT:
inviting comment from interested Reviews Marie Manteuffel, (410) 786–3447. Lucia
stakeholders on the topic of how the Under Executive Order 12866, titled Patrone, (410) 786–8621.
NSR program overlays with emission Regulatory Planning and Review (58 FR SUPPLEMENTARY INFORMATION:
guidelines established under CAA 51735, October 4, 1993), this is a
section 111(d). We are interested in I. Background
‘‘significant regulatory action.’’
actions that can be taken to harmonize Accordingly, the EPA submitted this In FR Doc. 2017–25068 of November
and streamline the NSR applicability action to the Office of Management and 28, 2017 (82 FR 56336), there were a
and/or the NSR permitting process with Budget (OMB) for review under number of technical and typographical
a potential new rule. We invite Executive Order 12866 and any changes errors that are identified and corrected
comment on the following questions: made in response to OMB in the Correction of Errors section of
1. Under what scenarios would EGUs be recommendations have been this correcting document.
potentially subject to the requirements of the documented in the docket for this II. Summary of Errors
NSR program as a result of making physical action. Because this action does not
or operational changes that are part of a propose or impose any requirements, A. Summary of Errors in the Preamble
strategy for regulating existing sources under and instead seeks comments and
CAA section 111(d)? Do the scenarios differ
On page 56366, in the listing of parts
depending on site specific factors, such as
suggestions for the Agency to consider of the Code of Federal Regulations (CFR)
the size or class of EGU, how the EGU in possibly developing a subsequent that are being revised by the proposed
operates (e.g., baseload, intermediate, load proposed rule, the various statutes and rule, we inadvertently omitted 42 CFR
following), fuel(s) the EGU burns, or the Executive Orders that normally apply to part 460.
EGU’s existing level of pollution control? If rulemaking do not apply in this case. On page 56488, in our discussion of
so, please explain the differences. Should the EPA subsequently determine reducing the burden of the medical loss
2. What rule or policy changes or to pursue a rulemaking, the EPA will ratio (MLR) reporting requirements, we
flexibilities can the EPA provide as part of address the statutes and Executive made errors in our description of the
the NSR program that would enable EGUs to Orders as applicable to that rulemaking. tasks performed by our contractor
implement projects required under a CAA during the initial analyses or desk
section 111(d) plan and not trigger major Dated: December 18, 2017.
E. Scott Pruitt, reviews of MLR reports and the entities
NSR permitting while maintaining
environmental protections? Administrator. for which they perform these tasks (that
3. What actions can sources take—e.g., is, MA organizations and Part D
[FR Doc. 2017–27793 Filed 12–27–17; 8:45 am]
through the minor NSR program, agreeing to sponsors, not just MA organizations).
BILLING CODE 6560–50–P
a PAL—when making heat rate B. Summary of Errors in the Regulations
improvements or co-firing with a lower
Text
emitting fuel that would allow them to
continue to serve the demand of the grid DEPARTMENT OF HEALTH AND On pages 56498 and 56516, in the
while not having excessive permitting HUMAN SERVICES proposed regulations text for the
requirements? calculation of the Part D improvement
4. What approaches could be used in Centers for Medicare & Medicaid scores (§§ 422.164(f)(4)(vi) and
crafting CAA section 111(d) plans so as to Services 423.184(f)(4)(vi), respectively), we made
reduce the number of existing sources that
errors in referencing the proposed
will be subject to NSR permitting? Do
compliance measures, such as inter- and
42 CFR Parts 405, 417, 422, 423, 460, provision for the clustering algorithm.
intra-state trading systems, rate-based or and 498 On page 56509, in the regulations text
mass-based standards, or generation shifting changes for § 423.120(b)(5)(i)(A) and (B),
[CMS–4182–CN] we made technical errors in the
to lower- or zero-emitting units, offer
favorable solutions for air agencies and timeframes regarding notice of
RIN 0938–AT08
sources with regard to NSR permitting? formulary changes and supply of the
5. What other approaches would minimize Part D drug.
Medicare Program Contract Year 2019
the impact of the NSR program on the On page 56510, we inadvertently
implementation of a performance standard Policy and Technical Changes to the
Medicare Advantage, Medicare Cost omitted regulations text changes for
for EGU sources under CAA section 111(d)?
Plan, Medicare Fee-For-Service, the § 423.128(a)(3) that we discussed in
B. New Source Performance Standards Medicare Prescription Drug Benefit section II.B.4. of the proposed rule (see
(NSPS) Programs, and the PACE Program; 82 FR 56432). These proposed changes
Correction would require MA plans and Part D
The EPA solicits comment on whether Sponsors to provide the information in
there are any potential interactions AGENCY: Centers for Medicare & § 423.128(b) by the first day of the
between a state-based program under Medicaid Services (CMS), HHS. annual enrollment period.
CAA section 111(d) covering existing ACTION: Proposed rule; correction.
fossil fuel-fired EGUs and a federal III. Correction of Errors
program under CAA section 111(b) SUMMARY: This document corrects In FR Doc. 2017–25068 of November
covering newly constructed, technical and typographical errors in 28, 2017 (82 FR 56336), we are making
reconstructed, and modified fossil fuel- the proposed rule that appeared in the the following corrections:
sradovich on DSK3GMQ082PROD with PROPOSALS

fired EGUs. In particular, the EPA November 28, 2017 issue of the Federal
requests information on how an existing Register titled ‘‘Medicare Program A. Corrections of Errors in the Preamble
EGU covered under a CAA section Contract Year 2019 Policy and 1. On page 56366, first column, line
111(d) state plan might affect the state Technical Changes to the Medicare 6 (part heading), the phrase ‘‘423, and’’
plan (or an interstate trading program) if Advantage, Medicare Cost Plan, is corrected to read ‘‘423, 460, and’’.
the EGU undergoes a reconstruction or Medicare Fee-For-Service, the Medicare 2. On page 56488, first column, third
modification (as defined under CAA Prescription Drug Benefit Programs, and full paragraph, the paragraph that begins
111(b)). the PACE Program’’. with the phrase ‘‘Our proposal to

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61520 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules

significantly reduce the amount’’ and Dated: December 19, 2017. Secretary, Federal Communications
ends with the phrase ‘‘in order to Ann C. Agnew, Commission. All hand-delivered or
resolve potential compliance issues.’’ is Executive Secretary to the Department, messenger-delivered paper filings for
corrected to read as follows: Department of Health and Human Services. the Commission’s Secretary must be
‘‘Our proposal to significantly reduce [FR Doc. 2017–27943 Filed 12–27–17; 8:45 am] delivered to FCC Headquarters at 445
the amount of MLR data submitted to BILLING CODE 4120–01–P 12th St. SW, Room TW–A325,
CMS would eliminate the need for CMS Washington, DC 20554. The filing hours
to continue to pay a contractor are 8:00 a.m. to 7:00 p.m. All hand
approximately $390,000 a year to FEDERAL COMMUNICATIONS deliveries must be held together with
perform initial analyses or desk reviews COMMISSION rubber bands or fasteners. Any
of the detailed MLR reports submitted envelopes and boxes must be disposed
by MA organizations and Part D 47 CFR Part 63 of before entering the building.
sponsors. These initial analyses or desk Commercial overnight mail (other than
[WC Docket No. 17–84; FCC 17–154]
reviews are done by our contractors in U.S. Postal Service Express Mail and
order to identify omissions and Accelerating Wireline Broadband Priority Mail) must be sent to 9050
suspected inaccuracies and to Deployment by Removing Barriers to Junction Drive, Annapolis Junction, MD
communicate their findings to MA Infrastructure Investment 20701. U.S. Postal Service first-class,
organizations and Part D sponsors in Express, and Priority mail must be
order to resolve potential compliance AGENCY: Federal Communications addressed to 445 12th Street SW,
issues.’’ Commission. Washington, DC 20554.
ACTION: Proposed rule. D People with Disabilities: To request
B. Correction of Errors in the materials in accessible formats for
Regulations Text SUMMARY: In this document, a Further people with disabilities (braille, large
§ 422.164 [Corrected] Notice of Proposed Rulemaking print, electronic files, audio format),
(FNPRM) seeks comment on a number send an email to fcc504@fcc.gov or call
■ 1. On page 56498, third column, in of actions aimed at removing the Consumer & Governmental Affairs
§ 422.164(f)(4)(vi), lines 4 through 6, the unnecessary regulatory barriers to the Bureau at 202–418–0530 (voice), 202–
reference ‘‘§§ 422.166(a)(2)(ii) through deployment of high-speed broadband 418–0432 (tty).
(iv) and 423.186(a)(2)(ii) through (iv)’’ is networks. The FNPRM seeks comment For detailed instructions for
corrected to read, ‘‘§§ 422.166(a)(2)(iii) on pole attachment reforms, changes to submitting comments and additional
and 423.186(a)(2)(iii)’’. the copper retirement and other network information on the rulemaking process,
change notification processes, and see the SUPPLEMENTARY INFORMATION
§ 423.120 [Corrected]
changes to the section 214(a) section of this document. In addition to
■ 2. On page 56509, first column— discontinuance application process. The filing comments with the Secretary, a
■ a. Sixth paragraph, amendatory Commission adopted the FNPRM in copy of any comments on the
instruction 62e is corrected to read ‘‘e. conjunction with a Report and Order Paperwork Reduction Act information
In paragraph (b)(5)(i)(A), by removing and Declaratory Ruling in WC Docket collection requirements contained
the phrase ‘‘60 days’’ and adding in its No. 17–84. herein should be submitted to the
place the phrase ‘‘30 days’’;’’. DATES: Comments are due on or before Federal Communications Commission
■ b. Eighth paragraph, amendatory January 17, 2018, and reply comments via email to PRA@fcc.gov and to Nicole
instruction 62f is corrected to read ‘‘f. In are due on or before February 16, 2018. Ongele, Federal Communications
paragraph (b)(5)(i)(B), by removing the Written comments on the Paperwork Commission, via email to
phrase ‘‘60 day supply’’ and adding in Reduction Act proposed information Nicole.Ongele@fcc.gov.
its place the phrase ‘‘month’s supply’’;’’. collection requirements must be FOR FURTHER INFORMATION CONTACT:
submitted by the public, Office of Wireline Competition Bureau,
§ 423.128 [Corrected]
Management and Budget (OMB), and Competition Policy Division, Michele
■ 3. On page 56510, second column— other interested parties on or before Berlove, at (202) 418–1477,
■ a. Third full paragraph, amendatory February 26, 2018. michele.berlove@fcc.gov, or Michael
instruction 63 is corrected to read ‘‘63. ADDRESSES: You may submit comments, Ray, at (202) 418–0357, michael.ray@
Section 423.128 is amended by revising identified by WC Docket No. 17–84, by fcc.gov. For additional information
paragraphs (a)(3) and (d)(2)(iii) to reads any of the following methods: concerning the Paperwork Reduction
as follows:’’. D Federal Communications Act information collection requirements
■ b. Following the third full paragraph, Commission’s website: http:// contained in this document, send an
§ 423.128, the text is corrected by apps.fcc.gov/ecfs/. Follow the email to PRA@fcc.gov or contact Nicole
adding the following text after the instructions for submitting comments. Ongele at (202) 418–2991.
section heading and before line 1 (5 D Mail: Parties who choose to file by SUPPLEMENTARY INFORMATION: This is a
stars) to read as follows: paper must file an original and one copy summary of the Commission’s Further
’’ (a) * * * of each filing. If more than one docket Notice of Proposed Rulemaking
(3) At the time of enrollment and at or rulemaking number appears in the (FNPRM) in WC Docket No. 17–84,
least annually thereafter, by the first day caption of this proceeding, filers must adopted November 16, 2017 and
sradovich on DSK3GMQ082PROD with PROPOSALS

of the annual coordinated election submit two additional copies for each released November 29, 2017. The full
period.’’ additional docket or rulemaking text of this document is available for
number. Filings can be sent by hand or public inspection during regular
§ 423.184 [Corrected] messenger delivery, by commercial business hours in the FCC Reference
■ 4. On page 56516, third column, in overnight courier, or by first-class or Information Center, Portals II, 445 12th
§ 423.184(f)(4)(vi), line 4, the reference overnight U.S. Postal Service mail. All Street SW, Room CY–A257,
‘‘§ 423.186(a)(2)(ii)’’ is corrected to read filings must be addressed to the Washington, DC 20554. It is available on
‘‘§ 423.186(a)(2)(iii)’’. Commission’s Secretary, Office of the the Commission’s website at https://

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Document Created: 2017-12-28 00:44:28
Document Modified: 2017-12-28 00:44:28

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		Proposed rule; correction.
Contact		Marie Manteuffel, (410) 786-3447. Lucia Patrone, (410) 786-8621.
FR Citation		82 FR 61519
RIN Number		0938-AT08
CFR Citation		42 CFR 405 42 CFR 417 42 CFR 422 42 CFR 423 42 CFR 460 42 CFR 498

82 FR 61519 - Medicare Program Contract Year 2019 Policy and Technical Changes to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-For-Service, the Medicare Prescription Drug Benefit Programs, and the PACE Program; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICESCenters for Medicare & Medicaid Services

Federal Register Volume 82, Issue 248 (December 28, 2017)

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