83 FR 19440 - Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act; Correction
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services Federal Register Volume 83, Issue 86 (May 3, 2018)
Centers for Medicare & Medicaid Services
Federal Register Volume 83, Issue 86 (May 3, 2018)
| Page Range | 19440-19440 | |
| FR Document | 2018-09347 |
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)] [Rules and Regulations] [Page 19440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09347] [[Page 19440]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 431 [CMS-6068-F2] RIN 0938-AS74 Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act; Correction AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Correcting amendment. ----------------------------------------------------------------------- SUMMARY: This document corrects a technical error that appeared in the final rule published in the Federal Register on July 5, 2017 entitled ``Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act'' (hereinafter referred to as the ``PERM final rule''). DATES: This correction is effective May 3, 2018. FOR FURTHER INFORMATION CONTACT: Bridgett Rider, (410) 786-2602. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2017-13710 (82 FR 31158), there was a technical error that is identified and corrected in this correcting document. The provision in this correction document is effective as if it had been included in the document published in the Federal Register on July 5, 2017. Accordingly, the corrections are applicable beginning August 4, 2017. II. Summary of Error in Regulation Text In the regulation text, we inadvertently omitted the removal of Sec. 431.802, which we discussed on page 31161 of the final rule. III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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. Similarly, section 1871(b)(1) of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate 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 notice and comment and delay in effective date APA requirements; in cases in which these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support. We believe that this correcting document does not constitute a rule that would be subject to the notice and comment or delayed effective date requirements. The document corrects technical errors in the PERM 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 information in the PERM final rule accurately reflects the policies adopted in that document. 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 to receive appropriate information in as timely a manner as possible, and to ensure that the PERM final rule accurately reflects our policies. Furthermore, such procedures would be unnecessary, as we are not making substantive changes to our policies, but rather, we are simply implementing correctly the policies that we previously proposed, requested comment on, and subsequently finalized. This correcting document is intended solely to ensure that the PERM final rule accurately reflects these policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. List of Subjects in 42 CFR Part 431 Grant programs--health, Health facilities, Medicaid, Privacy, Reporting and recordkeeping requirements. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendment: PART 431--STATE ORGANIZATION AND GENERAL ADMINISTRATION 0 1. The authority citation for part 431 continues to read as follows: Authority: Sec. 1102 of the Social Security Act, (42 U.S.C. 1302). Sec. 431.802 [Removed] 0 2. Section 431.802 is removed. Dated: April 26, 2018. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2018-09347 Filed 5-2-18; 8:45 am] BILLING CODE 4120-01-P
![19440 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations
DEPARTMENT OF HEALTH AND 1871(b)(1) of the Act requires the intended solely to ensure that the PERM
HUMAN SERVICES Secretary to provide for notice of the final rule accurately reflects these
proposed rule in the Federal Register policies. Therefore, we believe we have
Centers for Medicare & Medicaid and provide a period of not less than 60 good cause to waive the notice and
Services days for public comment. In addition, comment and effective date
section 553(d) of the APA, and section requirements.
42 CFR Part 431 1871(e)(1)(B)(i) of the Act mandate a 30-
day delay in effective date after issuance List of Subjects in 42 CFR Part 431
[CMS–6068–F2]
or publication of a rule. Sections Grant programs—health, Health
RIN 0938–AS74 553(b)(B) and 553(d)(3) of the APA facilities, Medicaid, Privacy, Reporting
provide for exceptions from the notice and recordkeeping requirements.
Medicaid/CHIP Program; Medicaid and comment and delay in effective date Accordingly, 42 CFR chapter IV is
Program and Children’s Health APA requirements; in cases in which corrected by making the following
Insurance Program (CHIP); Changes to these exceptions apply, sections correcting amendment:
the Medicaid Eligibility Quality Control 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the
and Payment Error Rate Measurement Act provide exceptions from the notice PART 431—STATE ORGANIZATION
Programs in Response to the and 60-day comment period and delay AND GENERAL ADMINISTRATION
Affordable Care Act; Correction in effective date requirements of the Act
as well. Section 553(b)(B) of the APA ■ 1. The authority citation for part 431
AGENCY: Centers for Medicare &
and section 1871(b)(2)(C) of the Act continues to read as follows:
Medicaid Services (CMS), HHS.
authorize an agency to dispense with Authority: Sec. 1102 of the Social Security
ACTION: Correcting amendment.
normal rulemaking requirements for Act, (42 U.S.C. 1302).
SUMMARY: This document corrects a good cause if the agency makes a
finding that the notice and comment § 431.802 [Removed]
technical error that appeared in the final
rule published in the Federal Register process are impracticable, unnecessary, ■ 2. Section 431.802 is removed.
on July 5, 2017 entitled ‘‘Medicaid/CHIP or contrary to the public interest. In
Dated: April 26, 2018.
Program; Medicaid Program and addition, both section 553(d)(3) of the
Ann C. Agnew,
Children’s Health Insurance Program APA and section 1871(e)(1)(B)(ii) of the
Act allow the agency to avoid the 30- Executive Secretary to the Department,
(CHIP); Changes to the Medicaid Department of Health and Human Services.
Eligibility Quality Control and Payment day delay in effective date where such
delay is contrary to the public interest [FR Doc. 2018–09347 Filed 5–2–18; 8:45 am]
Error Rate Measurement Programs in
Response to the Affordable Care Act’’ and an agency includes a statement of BILLING CODE 4120–01–P
(hereinafter referred to as the ‘‘PERM support.
final rule’’). We believe that this correcting
document does not constitute a rule that FEDERAL COMMUNICATIONS
DATES: This correction is effective May
would be subject to the notice and COMMISSION
3, 2018. comment or delayed effective date
FOR FURTHER INFORMATION CONTACT: requirements. The document corrects 47 CFR Part 1
Bridgett Rider, (410) 786–2602. technical errors in the PERM final rule, [WT Docket No. 17–79; FCC 18–30]
SUPPLEMENTARY INFORMATION: but does not make substantive changes
to the policies that were adopted in the Accelerating Wireless Broadband
I. Background
final rule. As a result, this correcting Deployment by Removing Barriers to
In FR Doc. 2017–13710 (82 FR 31158), document is intended to ensure that the Infrastructure Investment
there was a technical error that is information in the PERM final rule
identified and corrected in this accurately reflects the policies adopted AGENCY: Federal Communications
correcting document. The provision in in that document. Commission.
this correction document is effective as In addition, even if this were a rule to ACTION: Final rule.
if it had been included in the document which the notice and comment
published in the Federal Register on procedures and delayed effective date SUMMARY: In this document (Order), the
July 5, 2017. Accordingly, the requirements applied, we find that there Federal Communications Commission
corrections are applicable beginning is good cause to waive such (The Commission or FCC) adopts rules
August 4, 2017. requirements. Undertaking further to streamline the wireless infrastructure
notice and comment procedures to siting review process to facilitate the
II. Summary of Error in Regulation incorporate the corrections in this deployment of next-generation wireless
Text document into the final rule or delaying facilities. As part of the FCC’s efforts,
In the regulation text, we the effective date would be contrary to the agency consulted with a wide range
inadvertently omitted the removal of the public interest because it is in the of communities to determine the
§ 431.802, which we discussed on page public’s interest for providers to receive appropriate steps needed to enable the
31161 of the final rule. appropriate information in as timely a rapid and efficient deployment of next-
manner as possible, and to ensure that generation wireless networks—or 5G—
III. Waiver of Proposed Rulemaking, the PERM final rule accurately reflects throughout the United States. The Order
60-Day Comment Period, and Delay in our policies. Furthermore, such focuses on ensuring the Commission’s
sradovich on DSK3GMQ082PROD with RULES
Effective Date procedures would be unnecessary, as rules properly address the differences
Under 5 U.S.C. 553(b) of the we are not making substantive changes between large and small wireless
Administrative Procedure Act (APA), to our policies, but rather, we are simply facilities, and clarifies the treatment of
the agency is required to publish a implementing correctly the policies that small cell deployments. Specifically, the
notice of the proposed rule in the we previously proposed, requested Order: Excludes small wireless facilities
Federal Register before the provisions comment on, and subsequently deployed on non-Tribal lands from
of a rule take effect. Similarly, section finalized. This correcting document is National Historic Preservation Act
VerDate Sep<11>2014 15:59 May 02, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1](https://thefederalregister.org/doc/83_FR_19526/page/1.svg)
Document Created: 2018-05-02 23:48:28
Document Modified: 2018-05-02 23:48:28
| 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 | Rules and Regulations | |
| Action | Correcting amendment. | |
| Dates | This correction is effective May 3, 2018. | |
| Contact | Bridgett Rider, (410) 786-2602. | |
| FR Citation | 83 FR 19440 | |
| RIN Number | 0938-AS74 | |
| CFR Associated | Grant Programs-Health; Health Facilities; Medicaid; Privacy and Reporting and Recordkeeping Requirements |
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