[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79619-79620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31319]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 155
[CMS-9957-CN; 9964-CN]
RIN 0938-AR82; RIN 0938-AR74
Patient Protection and Affordable Care Act; Program Integrity:
Exchange, Premium Stabilization Programs, and Market Standards;
Amendments to the HHS Notice of Benefit and Payment Parameters for 2014
Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects an error that appeared in the final
rule published in the Federal Register on October 30, 2013 entitled,
``Patient Protection and Affordable Care Act; Program Integrity:
Exchange, Premium Stabilization Programs, and Market Standards;
Amendments to the HHS Notice of Benefit and Payment Parameters for
2014.''
DATES: Effective Date: December 30, 2013.
FOR FURTHER INFORMATION CONTACT: Scott Dafflitto (301) 492-4198.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2013-25326 of October 30, 2013 (78 FR 65046), final rule
entitled ``Patient Protection and Affordable Care Act; Program
Integrity: Exchange, Premium Stabilization Programs, and Market
Standards; Amendments to the HHS Notice of Benefit and Payment
Parameters for 2014 (78 FR 65046), there was a technical nonconformity
that is identified and corrected in the regulations text of this
correction notice. This correction is effective December 30, 2013, just
as if it had been included in the document published on October 30,
2013.
The October 30, 2013 final rule implements provisions of the
Patient Protection and Affordable Care Act (Pub. L. 111-148) and the
Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152)
(collectively referred to as the Affordable Care Act). In relevant
part, the October 30, 2013 final rule establishes standards, at 45 CFR
part 155, subpart M, that require State Exchanges to submit certain
reports to the Department of Health and Human Services (HHS) and to
undertake certain recordkeeping and self-auditing activities to ensure
compliance with Federal requirements, such as those governing
eligibility determinations for advance payments of the premium tax
[[Page 79620]]
credit and cost-sharing reductions. The standards established at
subpart M enable HHS to carry out its responsibility of ensuring that
Federal funds are used appropriately in the administration of State
Exchange activities.
II. Summary of Error
On page 65095, in the Federal Register of October 30, 2013, we
added subpart M ``Oversight and Program Integrity Standards for State
Exchanges'' to the regulations text at 45 CFR part 155. While it was
clear from the preamble and regulations text that subpart M applies to
all Exchanges, including small business health options program (SHOP)
Exchanges, due to an oversight we inadvertently omitted cross-
referencing new subpart M at Sec. 155.705(a) of the regulations in
part 155, subpart H--Exchange Functions: Small Business Health Options
Program. Accordingly, we are revising Sec. 155.705(a) so that the
regulations in part 155 consistently reflect our policy that all
Exchanges, including SHOP Exchanges, must carry out the required
functions of an Exchange that are set forth at subpart M. We are
correcting Sec. 155.705(a) by adding a cross reference to subpart M,
so that the provision reads, ``Exchange functions that apply to SHOP''.
The SHOP must carry out all the required functions of an Exchange
described in this subpart and in subparts C, E, K, and M of this part,
except: . . . .''
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) and
(c) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b) & (c)).
However, we can waive notice and comment if the Secretary finds, for
good cause, that notice and comment would be impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefor in the notice.
Section 553(d) of the APA ordinarily requires a 30-day delay in the
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 the Secretary finds for good cause that the delay
is impracticable, unnecessary, or contrary to the public interest, and
incorporates a statement of the findings and the reasons therefor in
the rule issued.
It was clear from both the preamble and the regulations text for 45
CFR part 155, subpart M, that subpart M applies to all Exchanges,
including SHOP Exchanges. Both the preamble and the regulations text
for part 155, subpart M use the term ``Exchange'' when describing the
new requirements. The term ``Exchange'' is defined at Sec. 155.20 as
including SHOP Exchanges. In relevant part, the definition of
``Exchange'' in Sec. 155.20 states: ``Unless otherwise identified,
this term includes an Exchange serving the individual market for
qualified individuals and a SHOP serving the small group market for
qualified employers . . . .'' This conforming amendment merely corrects
a technical nonconformity in the regulations text so that the
regulations consistently reflect the policy adopted in the October 30,
2013 final rule. Therefore, we find that undertaking further notice and
comment before this correction is incorporated into the final rule is
unnecessary.
For the same reasons, we also find good cause to waive the 30-day
delay in effective date.
IV. Correction of Errors
On page 65095, in the third column, after the regulations text for
Sec. 155.420--Special enrollment periods, insert the following
amendment to Sec. 155.705--Functions of a SHOP to read as follows:
Sec. 155.705 [Corrected]
26a. Section 155.705 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 155.705 Functions of a SHOP.
(a) Exchange functions that apply to SHOP. The SHOP must carry out
all the required functions of an Exchange described in this subpart and
in subparts C, E, K, and M of this part, except:
* * * * *
Dated: December 23, 2013.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2013-31319 Filed 12-30-13; 8:45 am]
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