[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Rules and Regulations]
[Pages 74381-74382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29640]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 438, 441, and 447
[CMS-2370-CN]
RIN 0938-AQ63
Medicaid Program; Payments for Services Furnished by Certain
Primary Care Physicians and Charges for Vaccine Administration Under
the Vaccines for Children Program; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors that appeared in the
final rule published in the November 6, 2012 Federal Register entitled
``Medicaid Program; Payments for Services Furnished by Certain Primary
Care Physicians and Charges for Vaccine Administration under the
Vaccines for Children Program.''
DATES: Effective Date: The provisions of this final rule are effective
on January 1, 2013.
FOR FURTHER INFORMATION CONTACT: Mary Cieslicki, (410) 786-4576, or
Linda Tavener, (410) 786-3838, for issues related to payments for
primary care physicians.
Mary Beth Hance, (410) 786-4299, for issues related to charges for
the administration of pediatric vaccines.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2012-26507 of November 6, 2012 (77 FR 66670), there were
a number of technical errors that are identified and corrected in the
Correction of Errors section below. The provisions in this correction
document are effective as if they had been included in the document
published November 6, 2012. Accordingly, the corrections are effective
January 1, 2013.
II. Summary of Errors
In the November 6, 2012 final rule (77 FR 66670), we inadvertently
published
[[Page 74382]]
technical errors in Sec. 447.400(a) and Sec. 447.405 listed on page
66701. One correction ensures consistency between two sentences in the
same paragraph and the other restores text inadvertently omitted from
the final rule that had been included in the May 11, 2012 notice of
proposed rulemaking (77 FR 27671) on pages 26789-90. Thus, we are
correcting page 66701 to reflect the correct information.
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 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. The policies expressed in final rule (77 FR 66670) have
been previously subjected to notice and comment procedures. This notice
merely provides a technical correction to the final rule and does not
make substantive changes to the policies or methodologies that were
expressed in the final rule. One technical correction ensures
consistency of two sentences of the same paragraph, and the other
restores text that had been present in the notice of proposed
rulemaking (77 FR 27671) but inadvertently omitted from the final rule
text. Therefore, we find it unnecessary to undertake further notice and
comment procedures with respect to this correction notice and find good
cause to waive notice and comment procedures and the 30-day delay in
the effective date for this correction notice.
IV. Correction of Errors
In FR Doc. 2012-26507 of November 6, 2012 (77 FR 66670), make the
following corrections:
1. On page 66701, in the first column; in the last full sentence,
in the first partial paragraph, the sentence reads, ``A physician self-
attests that he/she:''. Correct the sentence to read, ``Such physician
then attests that he/she:''.
2. On the same page, in the same column; in the last full
paragraph, paragraph (a) reads, ``For CYs 2013 and 2014, a state must
pay for physician services described in Sec. 447.400 based on:''.
Correct the sentence to read, ``For CYs 2013 and 2014, a state must pay
for physician services described in Sec. 447.400 based on the lower
of:''.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: December 3, 2012.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2012-29640 Filed 12-13-12; 8:45 am]
BILLING CODE 4120-01-P