[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29235-29236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 153

[CMS-9975-CN]
RIN 0938-AR07


Patient Protection and Affordable Care Act; Standards Related to 
Reinsurance, Risk Corridors, and Risk Adjustment; Correction

AGENCY: Department of Health and Human Services.

ACTION: Final rule; correction.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule with comment period published in the Federal Register on 
March 23, 2012

[[Page 29236]]

entitled, ``Patient Protection and Affordable Care Act; Standards 
Related to Reinsurance, Risk Corridors, and Risk Adjustment.''

DATES:  Effective Date: This correction is effective on May 22, 2012.

FOR FURTHER INFORMATION CONTACT: Jeff Wu at (301) 492-4416. Wakina 
Scott at (301) 492-4393.

SUPPLEMENTARY INFORMATION: 

I. Background

    In Federal Register Doc. 2012-6594 of March 23, 2012 (77 FR 17220-
17252), there was a technical error that is identified and corrected in 
the ``Correction of Error'' section below. The provision in this 
correction document is effective as if it had been included in the 
document published on March 23, 2012. Accordingly, the correction is 
effective on May 22, 2012.

II. Summary of Error

    On page 17248, we inadvertently made an incorrect cross reference 
in the regulations text at Sec.  153.220(d). We are correcting the 
cross reference from ``Sec.  153.210(a)(2)(ii)'' to read ``Sec.  
153.210(a)(2)(iii)'' to specify that if a State contracts with more 
than one applicable reinsurance entity, the State must notify HHS in 
the manner and timeframe specified by HHS of the percentage of 
reinsurance contributions received from HHS for the State to be 
allocated to each applicable reinsurance entity.

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds there is good cause to do so, and 
the agency incorporates a statement of the findings and its reasons in 
the rule issued.
    This document merely corrects technical and typographic errors in 
the Health Insurance Premium Stabilization final rule that was 
published on March 23, 2012 and becomes effective on May 22, 2012. The 
changes are not substantive changes to the standards set forth in the 
final rule. Therefore, we believe that undertaking further notice and 
comment procedures to incorporate this correction and delay the 
effective date for this change is unnecessary. In addition, we believe 
it is important for the public to have the correct information as soon 
as possible, and believe it is contrary to the public interest to delay 
the dissemination of it. For the reasons stated above, we find there is 
good cause to waive notice and comment procedures and the 30-day delay 
in the effective date for this correction notice.

IV. Correction of Error

Correction to the Regulations Text


Sec.  153.220  [Corrected]

0
On page 17248, in the second column; under ``paragraph (d) Distribution 
of reinsurance contributions,'' in line 11, revise the cross reference 
``Sec.  153.210(a)(2)(ii)'' to read ``Sec.  153.210(a)(2)(iii)''.

    Dated: May 11, 2011.
Jennifer Cannistra,
Executive Secretary to the Department.
[FR Doc. 2012-11994 Filed 5-16-12; 8:45 am]
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