83 FR 27912 - Medicare Program; 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 83, Issue 116 (June 15, 2018)
Centers for Medicare & Medicaid Services
Federal Register Volume 83, Issue 116 (June 15, 2018)
| Page Range | 27912-27915 | |
| FR Document | 2018-12843 |
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)] [Rules and Regulations] [Pages 27912-27915] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12843] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 405, 417, 422, 423, 460, and 498 [CMS-4182-CN2] RIN 0938-AT08 Medicare Program; 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: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on April 16, 2018 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.'' DATES: Effective Date: This correcting document is effective June 15, 2018. FOR FURTHER INFORMATION CONTACT: Marie Manteuffel, (410) 786-3447. Lucia Patrone, (410) 786-8621. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2018-07179 of April 16, 2018 (83 FR 16440), there were a number of technical and typographical errors that are identified and corrected in the Correction of Errors section of this correcting document. The provisions in this correction document are effective as if they had been included in the document that appeared in the April 16, 2018 Federal Register. Accordingly, these corrections are effective June 15, 2018. II. Summary of Errors A. Summary of Errors in the Preamble On page 16498, in our response to a comment regarding default enrollment, we made and error in referencing the Medicare and Medicaid programs. On page 16503, in our response to a comment on passive enrollment eligibility, we included footnote that contains a hyperlink to the document by Health Management Associates titled ``Value Assessment of the Senior Care Options (SCO) Program'' that is no longer valid. On pages 16679 through 16684, we made technical and typographical errors in the table numbering and references of the stop-loss insurance deductible tables. On page 16684, in summarizing a comment and response regarding stop-loss coverage, we inadvertently included a response as part of the comment and excluded a sentence from part of a response. On page 16703, in the regulatory impact analysis section, we erroneously stated the percentages of Medicare health plan organizations and Part D sponsors that are not-for-profit. In addition, we made factual and typographical errors in our discussion of the percentage of Medicare Advantage organizations (MAOs) that meet the minimum threshold for classification as small businesses. On page 16710, in our discussion of the percentage of enrollees that are receiving services under capitated arrangements, we made technical and typographical errors in an assumption and our terminology. B. Summary of Errors in the Regulations Text On pages 16731 and 16732, in the regulations text changes for Sec. 422.208, we made technical and typographical errors in the table numbering and references of the stop-loss insurance deductible tables. On pages 16735 and 16754, in the regulations text for Sec. Sec. 422.2260 and 423.2260, respectively, we made technical errors in the language and paragraph designations for the definitions of ``marketing,'' ``marketing materials,'' and ``materials that do not include the following are not considered marketing materials.'' On page 16735, in the regulations text for Sec. 422.2268 we erroneously indicated that we were revising two paragraphs instead of indicating that we were revising the entire section. On page 16738, in the regulations text for Sec. 423.120, we made an inadvertent typographical error in punctuating the end of the paragraph. On page 16755, in the regulations text for Sec. 423.2262, we inadvertently omitted the asterisks before paragraph (d), indicating that paragraphs (a) through (c) are retained without change. 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. Similarly, section [[Page 27913]] 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 of the APA or section 1871 of the Act. This correcting document corrects technical and typographic errors in the preamble and regulation text of the 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 final rule accurately reflects the policies adopted in that final rule. 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 to ensure that final rule accurately reflects our policies. Furthermore, such procedures would be unnecessary, as we are not altering payment eligibility or benefit methodologies or policies, but rather, simply implementing correctly the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the final rule accurately reflects these policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2018-07179 of April 16, 2018 (83 FR 16440), make the following corrections: A. Corrections of Errors in the Preamble 1. On page 16498, third column, first full paragraph, line 19, the phrase ``Medicare or Medicare is issued'' is corrected to read ``Medicaid or Medicare is issued''. 2. On page 16503, third column, footnote paragraphs (footnote 29), first bulleted paragraph, lines 3 through 5, the hyperlink ``http:// www.mahp.com/unify-files/HMAFinalSCOWhitePaper_2015_07_21.pdf'' is corrected to read ``http://www.mahp.com/wp-content/uploads/2017/04/SCO-White-Paper-HMA-2015_07_20-Final.pdf.'' 3. On page 16677, third column, first partial paragraph, lines 26 and 27, the parenthetical reference, ``(Table PIP-11)'' is corrected to read ``(Table 1)''. 4. On page 16679, a. Top two-thirds of the page, third column, partial paragraph-- (1) Lines 22 and 23, the parenthetical reference, ``(Table PIP- 11)'' is corrected to read ``(Table 1)''. (2) Line 27, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (3) Line 29, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (4) Line 36, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. b. Lower third of the page-- (1) In the table titled ``TABLE PIP-11--COMBINED STOP-LOSS INSURANCE DEDUCTIBLES'', the table title is corrected to read as follows: ``TABLE PIP-1--COMBINED STOP-LOSS INSURANCE DEDUCTIBLES'' (2) After the table, first column, partial paragraph, line 2, the reference ``Table 1'' is corrected to read ``Table PIP-1''. 5. On page 16680, a. First column-- (1) First partial paragraph, line 11, the reference ``Table 1'' is corrected to read ``Table PIP-1''. (2) Second partial paragraph, line 4, the phrase ``proposed Table 1'' is corrected to read ``proposed Table PIP-1''. b. Second column, (1) Line 6, the parenthetical reference, ``(Table PIP-12)'' is corrected to read ``(Table PIP-2)''. (2) Line 15, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (3) Line 17, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (4) Line 19, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. c. Third column, partial paragraph-- (1) Line 2, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (2) Line 4, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (3) Line 8, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (4) Lines 13 and 14, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (5) Line 16, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. 6. On pages 16681 and 16682, a. Top of the page, in the table titled ``TABLE PIP-12--SEPARATE STOP-LOSS INSURANCE DEDUCTIBLES'', the table title is corrected to read as follows: ``TABLE PIP-2--SEPARATE STOP-LOSS INSURANCE DEDUCTIBLES'' b. Bottom of the page, (1) Second column, partial paragraph, line 2, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (2) Third column, partial paragraph, line 2, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. 7. On page 16683, a. First column, (1) First partial paragraph, (a) Lines 4 and 5, the reference, ``Table PIP-11'' is corrected to read ``Table PIP-1''. (b) Line 5, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (c) Line 14, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. (d) Lines 18 and 19, the reference, ``Table PIP-12'' is corrected to read ``Table PIP-2''. b. Third column-- (1) Second full paragraph, lines 12 and 13, the parenthetical reference, ``(Tables PIP-11 and PIP-12)'' is corrected to read ``(Tables PIP-1 and PIP-2)''. (2) Fourth full paragraph, lines 5 and 6, the parenthetical reference, ``(Table PIP-11)'' is corrected to read ``(Table PIP-1)''. (3) Fifth full paragraph, lines 3 and 4 the parenthetical reference, ``(Table PIP-11 and Table PIP-12)'' is corrected to read ``(Tables PIP-1 and PIP-2)''. 8. On page 16684, lower two-thirds of the page (following the equation), first column-- a. Third full paragraph, the paragraph, ``Comment: We received a comment recommending that CMS consult with stop loss coverage experts in developing this regulation. We believe that this regulation, as finalized, is consistent with the applicable actuarial principles and practices.'' is corrected to read ``Comment: We received a comment recommending that CMS consult with [[Page 27914]] stop-loss coverage experts in developing this regulation.'' b. Fourth full paragraph, the paragraph ``Response: Over the years, CMS has had numerous discussions with qualified actuaries regarding our method of determining stop-loss insurance requirements.'' is corrected to read ``Response: We believe that this regulation, as finalized, is consistent with the applicable actuarial principles and practices. Over the years, CMS has had numerous discussions with qualified actuaries regarding our method of determining stop-loss insurance requirements.'' c. Last paragraph-- (1) Line 23, the parenthetical reference, ``(Table PIP-11)'' is corrected to read ``(Table PIP-1)''. (2) Line 25, the parenthetical reference, ``(Table PIP-12)'' is corrected to read ``(Table PIP-2)''. 9. On page 16703, first column-- a. Second full paragraph, lines 5 through 8, the sentence ``42% of all Medicare health plan organizations are not-for-profit and 32% of all Part D sponsors and MA plans are not for profit'' is corrected to read ``Forty-three percent of all Medicare health plan organizations are not-for-profit and 31 percent of all Part D sponsors and MA plans are not-for-profit.''. b. Third full paragraph, lines 14 through 16, ``which we have actual data on MAO net worth, also shows that 32 percent of all MAO falls'' is corrected to read, ``which we have complete data on MAO net worth, shows that 33 percent of all MAOs fall.'' 10. On page 16710, first column, last paragraph-- a. Lines 4 through 8, the phrase ``based on CMS observation of managed care industry trends, we believe that the percentage is now higher, and we assume that 11 percent'' is corrected to read ``based on CMS observation of managed care industry trends, we assume that 11 percent''. b. Line 9, the phrase ``now paid under'' is corrected to read ``now receiving services under''. c. Line 13, the phrase ``MA members are paid under'' is corrected to read ``MA members are receiving services under''. d. Line 21, the phrase ``beneficiaries paid under'' is corrected to read ``beneficiaries receiving services under''. B. Correction of Errors in the Regulations Text Sec. 422.208 [Corrected] 0 1. On page 16731, third column, amendatory instruction 23a, lines 3 and 4, the parenthetical reference ``(Table PIP-11)'' is corrected to read ``(Table PIP-1)''. Sec. 422.208 [Corrected] 0 2. On page 16732, 0 a. First column-- (1) First full paragraph, line 2, the parenthetical reference ``(Table PIP-11)'' is corrected to read ``(Table PIP-1)''. (2) Second full paragraph, line 9, the reference ``Tables PIP-11 and PIP-12'' is corrected to read ``Tables PIP-1 and PIP-2''. (3) Third full paragraph, (a) Line 6, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. (b) Line 8, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. (4) Sixth full paragraph-- (a) Lines 12 and 13, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. (b) Line 14, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. (c) Line 15, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. 0 b. Second column, (1) First partial paragraph, line 3, the reference ``Tables PIP-11 and PIP-12'' is corrected to read ``Tables PIP-1 and PIP-2'' (2) First full paragraph, line 1, the reference ``Table PIP-11'' is corrected to ``Table PIP-1''. (3) Fourth full paragraph-- (a) Line 1, the reference ``Table 1'' is corrected to read ``Table PIP-1''. (b) Line 3, the reference ``Table PIP-11'' is corrected to ``Table PIP-1''. (4) Fifth full paragraph, line 25, the reference ``Table PIP-11'' is corrected to ``Table PIP-1''. (5) Last partial paragraph, line 2, the reference ``Table PIP-11'' is corrected to ``Table PIP-1''. 0 c. Third column, (1) First partial paragraph, line 3, the parenthetical reference ``(Table PIP-12)'' is corrected to read ``(Table PIP-2).'' (2) Second full paragraph, line 6, the reference ``Table 2'' is corrected to read ``Table PIP-2''. (3) Third full paragraph-- 0 a. Line 5, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. 0 b. Line 6, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. 0 c. Line 9, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. 0 d. Line 11, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. 0 e. Line 13, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. 0 f. Lines 15 and 16, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. (4) Fourth full paragraph-- 0 a. Line 1, the reference ``Table PIP-12'' is corrected to read ``Table PIP-2''. 0 b. Lines 2 and 3, the reference ``Table PIP-11'' is corrected to read ``Table PIP-1''. (5) Eighth full paragraph, line 5, the reference ``Table PIP-11 and PIP-12'' is corrected to read ``Table PIP-1 and PIP-2.'' 0 3. On page 16735, in the first column, Sec. 422.2260 is corrected to read as follows: Sec. 422.2260 Definitions. As used in this subpart-- Communications means activities and use of materials to provide information to current and prospective enrollees. Communication materials means all information provided to current and prospective enrollees. Marketing materials are a subset of communication material. Marketing means activities and use of materials that meet the following: (1) Conducted by the MA organization or downstream entities. (2) Intended to draw a beneficiary's attention to a MA plan or plans. (3) Intended to influence a beneficiary's decision-making process when selecting a MA plan for enrollment or deciding to stay enrolled in a plan (that is, retention-based marketing). Marketing materials--(1) Include, but are not limited to following: (i) Materials such as brochures; posters; advertisements in media such as newspapers, magazines, television, radio, billboards, or the internet; and social media content. (ii) Materials used by marketing representatives such as scripts or outlines for telemarketing or other presentations. (iii) Presentation materials such as slides and charts. (2) Marketing materials exclude materials that-- (i) Do not include information about the plan's benefit structure or cost sharing; (ii) Do not include information about measuring or ranking standards (for example, star ratings); (iii) Mention benefits or cost sharing, but do not meet the definition of marketing in this section; (iv) Are required under Sec. 422.111, unless otherwise specified by CMS based on their use or purpose; or (v) Are specifically designated by CMS as not meeting the definition of the marketing definition based on their use or purpose.'' Sec. 422.2268 [Corrected] 0 4. On page 16735, in the second column, amendatory instruction 47, the instructions beginning with the phrase [[Page 27915]] ``a. Revising the section'' and ending with the phrase ``read as follows:'' are corrected to read as follows: ``Section 422.2268 is revised to read as follows:'' Sec. 423.120 [Corrected] 0 5. On page 16738, in the third column, sixth full paragraph (Sec. 423.120(b)(5)(C)(2)), line 7, the phrase ``423.578; and'' is corrected to read ``423.578.''. Sec. 423.160 [Corrected] 0 6. On page 16743, first column, eighth full paragraph (Sec. 423.160(b)(1)(iv)), line 1, the date ``October 31, 2019'' is corrected to read ``December 31, 2019''. Sec. 423.2260 [Corrected] 0 7. Beginning on page 16754, in the third column fourth full paragraph, Sec. 423.2260 is corrected to read as follows:'' Sec. 423.2260 Definitions. As used in this subpart-- Communications means activities and use of materials to provide information to current and prospective enrollees. Communication materials means all information provided to current and prospective enrollees. Marketing materials are a subset of communication materials. Marketing means activities and use of materials that meet the following: (1) Conducted by the MA organization or downstream entities. (2) Intended to draw a beneficiary's attention to a MA plan or plans. (3) Intended to influence a beneficiary's decision-making process when selecting a MA plan for enrollment or deciding to stay enrolled in a plan (that is, retention-based marketing). Marketing materials--(1) Include, but are not limited to following: (i) Materials such as brochures; posters; advertisements in media such as newspapers, magazines, television, radio, billboards, or the internet; and social media content. (ii) Materials used by marketing representatives such as scripts or outlines for telemarketing or other presentations. (iii) Presentation materials such as slides and charts. (2) Marketing materials exclude materials that-- (i) Do not include information about the plan's benefit structure or cost sharing; (ii) Do not include information about measuring or ranking standards (for example, star ratings); (iii) Mention benefits or cost sharing, but do not meet the definition of marketing in this section; (iv) Are required under Sec. 423.128, unless otherwise specified by CMS based on their use or purpose; or (v) Are specifically designated by CMS as not meeting the definition of the marketing definition based on their use or purpose.'' Sec. 423.2430 [Corrected] 0 8. On page 16756, first column, amendatory instruction 113b, line 1, the words ``republishing the'' are corrected to read ``adding a new''. Dated: June 11, 2018. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2018-12843 Filed 6-14-18; 8:45 am] BILLING CODE 4120-01-P
![27912 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
the U.S. House of Representatives, and DEPARTMENT OF HEALTH AND On pages 16679 through 16684, we
the Comptroller General of the United HUMAN SERVICES made technical and typographical errors
States prior to publication of the rule in in the table numbering and references of
the Federal Register. A major rule Centers for Medicare & Medicaid the stop-loss insurance deductible
cannot take effect until 60 days after it Services tables.
is published in the Federal Register. On page 16684, in summarizing a
This action is not a ‘‘major rule’’ as 42 CFR Parts 405, 417, 422, 423, 460, comment and response regarding stop-
defined by 5 U.S.C. 804(2). and 498 loss coverage, we inadvertently
Under section 307(b)(1) of the CAA, [CMS–4182–CN2] included a response as part of the
petitions for judicial review of this comment and excluded a sentence from
RIN 0938–AT08 part of a response.
action must be filed in the United States
On page 16703, in the regulatory
Court of Appeals for the appropriate Medicare Program; Medicare Program; impact analysis section, we erroneously
circuit by August 14, 2018. Filing a Contract Year 2019 Policy and stated the percentages of Medicare
petition for reconsideration by the Technical Changes to the Medicare health plan organizations and Part D
Administrator of this final rule does not Advantage, Medicare Cost Plan, sponsors that are not-for-profit. In
affect the finality of this action for the Medicare Fee-for-Service, the Medicare addition, we made factual and
purposes of judicial review nor does it Prescription Drug Benefit Programs, typographical errors in our discussion of
extend the time within which a petition and the PACE Program; Correction the percentage of Medicare Advantage
for judicial review may be filed, and
AGENCY: Centers for Medicare & organizations (MAOs) that meet the
shall not postpone the effectiveness of
Medicaid Services (CMS), HHS. minimum threshold for classification as
such rule or action. This action may not
ACTION: Final rule; correction. small businesses.
be challenged later in proceedings to
On page 16710, in our discussion of
enforce its requirements. (See section
SUMMARY: This document corrects the percentage of enrollees that are
307(b)(2).)
technical and typographical errors that receiving services under capitated
List of Subjects in 40 CFR Part 52 appeared in the final rule published in arrangements, we made technical and
the Federal Register on April 16, 2018 typographical errors in an assumption
Environmental protection, Air titled ‘‘Medicare Program; Contract Year and our terminology.
pollution control, Incorporation by 2019 Policy and Technical Changes to
reference, Intergovernmental relations, B. Summary of Errors in the Regulations
the Medicare Advantage, Medicare Cost
Nitrogen dioxide, Ozone, Particulate Text
Plan, Medicare Fee-for-Service, the
matter, Reporting and recordkeeping Medicare Prescription Drug Benefit On pages 16731 and 16732, in the
requirements, Sulfur oxides, Volatile Programs, and the PACE Program.’’ regulations text changes for § 422.208,
organic compounds. DATES: Effective Date: This correcting we made technical and typographical
Dated: June 4, 2018. document is effective June 15, 2018. errors in the table numbering and
FOR FURTHER INFORMATION CONTACT:
references of the stop-loss insurance
Cathy Stepp,
Marie Manteuffel, (410) 786–3447. Lucia deductible tables.
Regional Administrator, Region 5. On pages 16735 and 16754, in the
Patrone, (410) 786–8621.
regulations text for §§ 422.2260 and
40 CFR part 52 is amended as follows: SUPPLEMENTARY INFORMATION:
423.2260, respectively, we made
PART 52—APPROVAL AND I. Background technical errors in the language and
PROMULGATION OF In FR Doc. 2018–07179 of April 16, paragraph designations for the
IMPLEMENTATION PLANS 2018 (83 FR 16440), there were a definitions of ‘‘marketing,’’ ‘‘marketing
number of technical and typographical materials,’’ and ‘‘materials that do not
errors that are identified and corrected include the following are not considered
■ 1. The authority citation for part 52
in the Correction of Errors section of marketing materials.’’
continues to read as follows: On page 16735, in the regulations text
Authority: 42 U.S.C. 7401 et seq.
this correcting document. The
for § 422.2268 we erroneously indicated
provisions in this correction document
that we were revising two paragraphs
■ 2. Section 52.2593 is added to read as are effective as if they had been
instead of indicating that we were
follows: included in the document that appeared
revising the entire section.
in the April 16, 2018 Federal Register. On page 16738, in the regulations text
§ 52.2593 Visibility protection. Accordingly, these corrections are for § 423.120, we made an inadvertent
effective June 15, 2018. typographical error in punctuating the
(a) Approval. Wisconsin submitted its
regional haze plan to EPA on January II. Summary of Errors end of the paragraph.
18, 2012, supplemented on June 7, 2012. On page 16755, in the regulations text
A. Summary of Errors in the Preamble for § 423.2262, we inadvertently omitted
The Wisconsin regional haze plan meets
the requirements of Clean Air Act On page 16498, in our response to a the asterisks before paragraph (d),
section 169B and the Regional Haze comment regarding default enrollment, indicating that paragraphs (a) through
Rule in 40 CFR 51.308. we made and error in referencing the (c) are retained without change.
Medicare and Medicaid programs.
(b) Approval. Wisconsin submitted its On page 16503, in our response to a III. Waiver of Proposed Rulemaking
sradovich on DSK3GMQ082PROD with RULES
five-year progress report on March 17, comment on passive enrollment and Delay in Effective Date
2017. The Progress Report meets the eligibility, we included footnote that Under 5 U.S.C. 553(b) of the
requirements of Clean Air Act sections contains a hyperlink to the document by Administrative Procedure Act (APA),
169A and 169B and the Regional Haze Health Management Associates titled the agency is required to publish a
Rule in 40 CFR 51.308. ‘‘Value Assessment of the Senior Care notice of the proposed rule in the
[FR Doc. 2018–12810 Filed 6–14–18; 8:45 am] Options (SCO) Program’’ that is no Federal Register before the provisions
BILLING CODE 6560–50–P longer valid. of a rule take effect. Similarly, section
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stop-loss coverage experts in developing PIP–11)’’ is corrected to read ‘‘(Table ■ b. Lines 2 and 3, the reference ‘‘Table
this regulation.’’ PIP–1)’’. PIP–11’’ is corrected to read ‘‘Table PIP–
b. Fourth full paragraph, the 1’’.
paragraph ‘‘Response: Over the years, § 422.208 [Corrected] (5) Eighth full paragraph, line 5, the
CMS has had numerous discussions ■ 2. On page 16732, reference ‘‘Table PIP–11 and PIP–12’’ is
with qualified actuaries regarding our ■ a. First column— corrected to read ‘‘Table PIP–1 and PIP–
method of determining stop-loss (1) First full paragraph, line 2, the 2.’’
insurance requirements.’’ is corrected to parenthetical reference ‘‘(Table PIP–11)’’ ■ 3. On page 16735, in the first column,
read ‘‘Response: We believe that this is corrected to read ‘‘(Table PIP–1)’’. § 422.2260 is corrected to read as
regulation, as finalized, is consistent (2) Second full paragraph, line 9, the follows:
with the applicable actuarial principles reference ‘‘Tables PIP–11 and PIP–12’’ is
and practices. Over the years, CMS has corrected to read ‘‘Tables PIP–1 and § 422.2260 Definitions.
had numerous discussions with PIP–2’’. As used in this subpart—
qualified actuaries regarding our (3) Third full paragraph, Communications means activities and
method of determining stop-loss (a) Line 6, the reference ‘‘Table PIP– use of materials to provide information
insurance requirements.’’ 11’’ is corrected to read ‘‘Table PIP–1’’. to current and prospective enrollees.
c. Last paragraph— (b) Line 8, the reference ‘‘Table PIP– Communication materials means all
(1) Line 23, the parenthetical 12’’ is corrected to read ‘‘Table PIP–2’’. information provided to current and
reference, ‘‘(Table PIP–11)’’ is corrected (4) Sixth full paragraph— prospective enrollees. Marketing
to read ‘‘(Table PIP–1)’’. (a) Lines 12 and 13, the reference materials are a subset of communication
(2) Line 25, the parenthetical ‘‘Table PIP–11’’ is corrected to read material.
reference, ‘‘(Table PIP–12)’’ is corrected ‘‘Table PIP–1’’. Marketing means activities and use of
to read ‘‘(Table PIP–2)’’. (b) Line 14, the reference ‘‘Table PIP– materials that meet the following:
9. On page 16703, first column— 11’’ is corrected to read ‘‘Table PIP–1’’. (1) Conducted by the MA organization
a. Second full paragraph, lines 5 (c) Line 15, the reference ‘‘Table PIP– or downstream entities.
through 8, the sentence ‘‘42% of all 12’’ is corrected to read ‘‘Table PIP–2’’. (2) Intended to draw a beneficiary’s
Medicare health plan organizations are ■ b. Second column, attention to a MA plan or plans.
not-for-profit and 32% of all Part D (1) First partial paragraph, line 3, the (3) Intended to influence a
sponsors and MA plans are not for reference ‘‘Tables PIP–11 and PIP–12’’ is beneficiary’s decision-making process
profit’’ is corrected to read ‘‘Forty-three corrected to read ‘‘Tables PIP–1 and when selecting a MA plan for
percent of all Medicare health plan PIP–2’’ enrollment or deciding to stay enrolled
organizations are not-for-profit and 31 (2) First full paragraph, line 1, the in a plan (that is, retention-based
percent of all Part D sponsors and MA reference ‘‘Table PIP–11’’ is corrected to marketing).
plans are not-for-profit.’’. ‘‘Table PIP–1’’. Marketing materials—(1) Include, but
b. Third full paragraph, lines 14 (3) Fourth full paragraph— are not limited to following:
through 16, ‘‘which we have actual data (a) Line 1, the reference ‘‘Table 1’’ is (i) Materials such as brochures;
on MAO net worth, also shows that 32 corrected to read ‘‘Table PIP–1’’. posters; advertisements in media such
percent of all MAO falls’’ is corrected to (b) Line 3, the reference ‘‘Table PIP– as newspapers, magazines, television,
read, ‘‘which we have complete data on 11’’ is corrected to ‘‘Table PIP–1’’. radio, billboards, or the internet; and
MAO net worth, shows that 33 percent (4) Fifth full paragraph, line 25, the social media content.
of all MAOs fall.’’ reference ‘‘Table PIP–11’’ is corrected to (ii) Materials used by marketing
10. On page 16710, first column, last ‘‘Table PIP–1’’. representatives such as scripts or
paragraph— (5) Last partial paragraph, line 2, the outlines for telemarketing or other
a. Lines 4 through 8, the phrase reference ‘‘Table PIP–11’’ is corrected to presentations.
‘‘based on CMS observation of managed ‘‘Table PIP–1’’. (iii) Presentation materials such as
■ c. Third column, slides and charts.
care industry trends, we believe that the
percentage is now higher, and we (1) First partial paragraph, line 3, the (2) Marketing materials exclude
assume that 11 percent’’ is corrected to parenthetical reference ‘‘(Table PIP–12)’’ materials that—
read ‘‘based on CMS observation of is corrected to read ‘‘(Table PIP–2).’’ (i) Do not include information about
managed care industry trends, we (2) Second full paragraph, line 6, the the plan’s benefit structure or cost
assume that 11 percent’’. reference ‘‘Table 2’’ is corrected to read sharing;
b. Line 9, the phrase ‘‘now paid ‘‘Table PIP–2’’. (ii) Do not include information about
under’’ is corrected to read ‘‘now (3) Third full paragraph— measuring or ranking standards (for
■ a. Line 5, the reference ‘‘Table PIP– example, star ratings);
receiving services under’’.
c. Line 13, the phrase ‘‘MA members 11’’ is corrected to read ‘‘Table PIP–1’’. (iii) Mention benefits or cost sharing,
■ b. Line 6, the reference ‘‘Table PIP– but do not meet the definition of
are paid under’’ is corrected to read
‘‘MA members are receiving services 12’’ is corrected to read ‘‘Table PIP–2’’. marketing in this section;
■ c. Line 9, the reference ‘‘Table PIP– (iv) Are required under § 422.111,
under’’.
d. Line 21, the phrase ‘‘beneficiaries 12’’ is corrected to read ‘‘Table PIP–2’’. unless otherwise specified by CMS
■ d. Line 11, the reference ‘‘Table PIP– based on their use or purpose; or
paid under’’ is corrected to read
11’’ is corrected to read ‘‘Table PIP–1’’. (v) Are specifically designated by
‘‘beneficiaries receiving services under’’.
■ e. Line 13, the reference ‘‘Table PIP– CMS as not meeting the definition of the
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B. Correction of Errors in the 12’’ is corrected to read ‘‘Table PIP–2’’. marketing definition based on their use
Regulations Text ■ f. Lines 15 and 16, the reference or purpose.’’
‘‘Table PIP–11’’ is corrected to read
§ 422.208 [Corrected] § 422.2268 [Corrected]
‘‘Table PIP–1’’.
■ 1. On page 16731, third column, (4) Fourth full paragraph— ■ 4. On page 16735, in the second
amendatory instruction 23a, lines 3 and ■ a. Line 1, the reference ‘‘Table PIP– column, amendatory instruction 47, the
4, the parenthetical reference ‘‘(Table 12’’ is corrected to read ‘‘Table PIP–2’’. instructions beginning with the phrase
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![Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 27915
‘‘a. Revising the section’’ and ending (iii) Mention benefits or cost sharing, the third date (‘‘Susp.’’) listed in the
with the phrase ‘‘read as follows:’’ are but do not meet the definition of third column of the following tables.
corrected to read as follows: marketing in this section; FOR FURTHER INFORMATION CONTACT: If
‘‘Section 422.2268 is revised to read (iv) Are required under § 423.128, you want to determine whether a
as follows:’’ unless otherwise specified by CMS particular community was suspended
based on their use or purpose; or on the suspension date or for further
§ 423.120 [Corrected] (v) Are specifically designated by information, contact Adrienne L.
■ 5. On page 16738, in the third CMS as not meeting the definition of the Sheldon, PE, CFM, Federal Insurance
column, sixth full paragraph marketing definition based on their use and Mitigation Administration, Federal
(§ 423.120(b)(5)(C)(2)), line 7, the phrase or purpose.’’ Emergency Management Agency, 400 C
‘‘423.578; and’’ is corrected to read § 423.2430 [Corrected] Street SW, Washington, DC 20472, (202)
‘‘423.578.’’. 212–3966.
■ 8. On page 16756, first column, SUPPLEMENTARY INFORMATION: The NFIP
§ 423.160 [Corrected] amendatory instruction 113b, line 1, the enables property owners to purchase
■ 6. On page 16743, first column, eighth words ‘‘republishing the’’ are corrected Federal flood insurance that is not
full paragraph (§ 423.160(b)(1)(iv)), line to read ‘‘adding a new’’. otherwise generally available from
1, the date ‘‘October 31, 2019’’ is Dated: June 11, 2018. private insurers. In return, communities
corrected to read ‘‘December 31, 2019’’. Ann C. Agnew, agree to adopt and administer local
§ 423.2260 [Corrected] Executive Secretary to the Department, floodplain management measures aimed
Department of Health and Human Services. at protecting lives and new construction
■ 7. Beginning on page 16754, in the [FR Doc. 2018–12843 Filed 6–14–18; 8:45 am] from future flooding. Section 1315 of
third column fourth full paragraph, BILLING CODE 4120–01–P the National Flood Insurance Act of
§ 423.2260 is corrected to read as 1968, as amended, 42 U.S.C. 4022,
follows:’’ prohibits the sale of NFIP flood
DEPARTMENT OF HOMELAND insurance unless an appropriate public
§ 423.2260 Definitions.
SECURITY body adopts adequate floodplain
As used in this subpart— management measures with effective
Communications means activities and Federal Emergency Management enforcement measures. The
use of materials to provide information Agency communities listed in this document no
to current and prospective enrollees. longer meet that statutory requirement
Communication materials means all 44 CFR Part 64 for compliance with program
information provided to current and regulations, 44 CFR part 59.
prospective enrollees. Marketing [Docket ID FEMA–2018–0002; Internal
Agency Docket No. FEMA–8533]
Accordingly, the communities will be
materials are a subset of communication suspended on the effective date in the
materials. third column. As of that date, flood
Suspension of Community Eligibility
Marketing means activities and use of insurance will no longer be available in
materials that meet the following: AGENCY: Federal Emergency the community. We recognize that some
(1) Conducted by the MA organization Management Agency, DHS. of these communities may adopt and
or downstream entities. ACTION: Final rule. submit the required documentation of
(2) Intended to draw a beneficiary’s legally enforceable floodplain
attention to a MA plan or plans. SUMMARY: This rule identifies management measures after this rule is
(3) Intended to influence a communities where the sale of flood published but prior to the actual
beneficiary’s decision-making process insurance has been authorized under suspension date. These communities
when selecting a MA plan for the National Flood Insurance Program will not be suspended and will continue
enrollment or deciding to stay enrolled (NFIP) that are scheduled for to be eligible for the sale of NFIP flood
in a plan (that is, retention-based suspension on the effective dates listed insurance. A notice withdrawing the
marketing). within this rule because of suspension of such communities will be
Marketing materials—(1) Include, but noncompliance with the floodplain published in the Federal Register.
are not limited to following: management requirements of the In addition, FEMA publishes a Flood
(i) Materials such as brochures; program. If the Federal Emergency Insurance Rate Map (FIRM) that
posters; advertisements in media such Management Agency (FEMA) receives identifies the Special Flood Hazard
as newspapers, magazines, television, documentation that the community has Areas (SFHAs) in these communities.
radio, billboards, or the internet; and adopted the required floodplain The date of the FIRM, if one has been
social media content. management measures prior to the published, is indicated in the fourth
(ii) Materials used by marketing effective suspension date given in this column of the table. No direct Federal
representatives such as scripts or rule, the suspension will not occur and financial assistance (except assistance
outlines for telemarketing or other a notice of this will be provided by pursuant to the Robert T. Stafford
presentations. publication in the Federal Register on a Disaster Relief and Emergency
(iii) Presentation materials such as subsequent date. Also, information Assistance Act not in connection with a
slides and charts. identifying the current participation flood) may be provided for construction
(2) Marketing materials exclude status of a community can be obtained or acquisition of buildings in identified
sradovich on DSK3GMQ082PROD with RULES
materials that— from FEMA’s Community Status Book SFHAs for communities not
(i) Do not include information about (CSB). The CSB is available at https:// participating in the NFIP and identified
the plan’s benefit structure or cost www.fema.gov/national-flood- for more than a year on FEMA’s initial
sharing; insurance-program-community-status- FIRM for the community as having
(ii) Do not include information about book. flood-prone areas (section 202(a) of the
measuring or ranking standards (for The effective date of each
DATES: Flood Disaster Protection Act of 1973,
example, star ratings); community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
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Document Created: 2018-11-02 12:01:12
Document Modified: 2018-11-02 12:01:12
| 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; correction. | |
| Dates | Effective Date: This correcting document is effective June 15, 2018. | |
| Contact | Marie Manteuffel, (410) 786-3447. Lucia Patrone, (410) 786-8621. | |
| FR Citation | 83 FR 27912 | |
| RIN Number | 0938-AT08 | |
| CFR Citation | 42
CFR
405 42 CFR 417 42 CFR 422 42 CFR 423 42 CFR 460 42 CFR 498 |
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