[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32407-32408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13362]
[[Page 32407]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, and 423
[CMS-4157-CN]
RIN 0938-AQ86
Medicare Program; Changes to the Medicare Advantage and the
Medicare Prescription Drug Benefit Programs for Contract Year 2013 and
Other Changes; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule with comment period; correction.
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SUMMARY: This document corrects technical errors and typographical
errors in the final rule with comment period entitled ``Medicare
Program; Changes to the Medicare Advantage and the Medicare
Prescription Drug Benefit Programs for Contract Year 2013 and Other
Changes'' which appeared in the April 12, 2012 Federal Register.
DATES: Effective date: This document is effective June 1, 2012.
FOR FURTHER INFORMATION CONTACT: Kathryn Jansak, (410) 786-9364.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2012-8071 of April 12, 2012 (77 FR 22072), the final
rule with comment period entitled ``Medicare Program; Changes to the
Medicare Advantage and the Medicare Prescription Drug Benefit Programs
for Contract Year 2013 and Other Changes'' there were several technical
errors and typographical errors that are identified and corrected in
the Correction of Errors section.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 22072, in the DATES section, we erroneously referenced the
amendments to the definitions of ``other health or prescription drug
coverage'' at Sec. 423.2305 and ``supplemental benefits'' at Sec.
423.100 as being effective January 1, 2013. We also inadvertently
omitted references to several sections of the regulation text that are
effective January 1, 2013.
On page 22076, the table titled ``Table 2: Finalized Revisions with
Effective and/or Applicable Dates Other Than 60 Days After
Publication'' was inadvertently numbered ``Table 2'' instead of ``Table
1.''
On page 22082, in the discussion regarding the effective and
applicable dates of the regulatory and conforming changes to the
definition of ``other health or prescription drug coverage,'' we
inadvertently omitted language.
B. Summary of Errors in the Regulations Text
On page 22169, we made a typographical error in an amendatory
instruction and inadvertently omitted a term in the definition of
``daily cost-sharing rate'' at Sec. 423.100.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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(b) 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 for good cause that the delay is
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates a statement of the findings and its reasons in the
rule issued.
This correcting document does not constitute a rulemaking that
would be subject to the APA notice and comment or delayed effective
date requirements. This correcting document corrects technical errors
in the effective dates and typographical errors in the regulation text
of the April 12, 2012 final rule with comment period and does not make
substantive changes to the policies or payment methodologies that were
adopted in the final rule with comment period. As a result, this
correcting document is intended to ensure that information included in
the April 12, 2012 final rule with comment period accurately reflects
the policies adopted in that rule. Undertaking further notice and
comment procedures to incorporate the corrections in this document into
the final rule with comment period would be contrary to the public
interest. Furthermore, such procedures would be unnecessary, as we are
not altering the policies that were already subject to comment and
finalized in our final rule with comment period. Therefore, we believe
we have good cause to waive prior notice and comment.
For the same reasons, we are also waiving the 30-day delay in
effective date for these corrections. We believe that it is in the
public interest to ensure that the April 12, 2012 final rule with
comment period accurately states our policies as of the date they take
effect. Therefore, we find that delaying the effective date of these
corrections beyond the effective date of the final rule with comment
period would be contrary to the public interest. In so doing, we find
good cause to waive the 30-day delay in the effective date.
IV. Correction of Errors
In FR Doc. 2012-8071 of April 12, 2012 (77 FR 22072), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 22072, first column, ``DATES'' section, the paragraph
that begins ``These regulations are effective'' and ends ``are
effective January 1, 2013'' is corrected to read ``These regulations
are effective on June 1, 2012 unless otherwise specified in this final
rule. The amendments to: the definition of ``Part D drugs'' at Sec.
423.100; Sec. 423.153(d)(1)(vii)(B); Sec. 423.600(a) through (c); and
Sec. 423.602(a) are effective January 1, 2013. See section I.B. of
this final rule with comment period and Table 1 for additional
information regarding effective and applicability dates.''
2. On page 22076, bottom half of the page, the table heading,
``TABLE 2--FINALIZED REVISIONS WITH EFFECTIVE AND/OR APPLICABLE DATES
OTHER THAN 60 DAYS AFTER PUBLICATION'' is corrected to read ``TABLE 1--
FINALIZED REVISIONS WITH EFFECTIVE AND/OR APPLICABLE DATES OTHER THAN
60 DAYS AFTER PUBLICATION''.
3. On page 22082, third column, second full paragraph, line 17, the
phrase ``existing definition will on'' is corrected to read''
``existing definition will be applicable on''.
B. Correction of Errors in the Regulations Text
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1. On page 22169, first column--
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A. Fourth full paragraph, (amendments to Sec. 423.100, amendatory
instruction 24.B.) lines 5 and 6, the sentence ``By revising paragraph
(2)(iii) of the definition of ``Incurred costs'' is corrected to read
``By revising paragraph (2)(ii) of the definition of ``Incurred
costs''.
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B. Tenth full paragraph (paragraph (2) of the definition of ``Daily
cost-sharing'' at Sec. 423.100), line 2, the phrase ``enrollee's Part
D'' is corrected to read ``enrollee's Part D plan''.
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program) (Catalog of Federal Domestic Assistance Program
No. 93.773, Medicare--Hospital Insurance; and Program No. 93.774)
Dated: May 24, 2012.
Jennifer M. Cannistra,
Executive Secretary to the Department.
[FR Doc. 2012-13362 Filed 5-31-12; 8:45 am]
BILLING CODE 4120-01-P