[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32407-32408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13362]



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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