[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36431-36432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15099]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 153
[CMS-9954-F2]
RIN-0938-AR89
Patient Protection and Affordable Care Act; HHS Notice of Benefit
and Payment Parameters for 2015; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
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SUMMARY: In the March 11, 2014 issue of the Federal Register (79 FR
13744), we published a final rule entitled, ``Patient Protection and
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for
2015.'' The effective date was May 12, 2014. This correcting amendment
corrects a technical error identified in the March 11, 2014 final rule.
DATES: Effective Date: This correcting amendment is effective June 26,
2014.
FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492-4305 or Adrianne
Glasgow, (410) 786-0686.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2014-0505 (79 FR 13744), the final rule entitled
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and
Payment Parameters for 2015; Final Rule'' (hereinafter referred to as
the 2015 Payment Notice), there was a technical error that is
identified and corrected in the regulations text of this correcting
amendment. The provision of this correcting amendment is effective June
26, 2014.
II. Summary of Errors in the Regulations Text
On page 13834 in the definition of ``contributing entity at 45 CFR
Sec. 153.20, we inadvertently used the word ``volume'' instead of
``value.'' As detailed in the preamble of the 2015 Payment Notice (79
FR 13744, 13775), for purposes of the definition of contributing
entity, ``a de minimis amount means up to 5 percent, as measured by the
amount of enrollment or claims processing transactions for non-pharmacy
and non-excepted benefits which are outsourced, or by the value of the
outsourced enrollment or claims processing transactions for non-
pharmacy and non-excepted benefits (measured by the cost of the
outsourced services compared to the sum of those
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costs plus the fully loaded costs--that is, including an appropriate
share of indirect costs, such as fixed and overhead expenses--
reasonably allocated, borne by the self-insured plan for such
services).'' Accordingly, we are revising the definition to include the
correct word.
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(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 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 document merely corrects a technical error in the regulation
text and does not change the policy set forth in the 2015 Payment
Notice. 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
when they become effective. For the reasons stated previously, we find
there is good cause to waive notice and comment procedures and the 30-
day delay in the effective date for this correcting amendment.
List of Subjects in 45 CFR Part 153
Administrative practice and procedure, Adverse selection, Health
care, Health insurance, Health records, Organization and functions
(Government agencies), Premium stabilization, Reporting and
recordkeeping requirements, Reinsurance, Risk adjustment, Risk
corridors, Risk mitigation, State and local governments.
Accordingly, 45 CFR is corrected by making the following correcting
amendment to part 153:
PART 153--STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND
RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT
0
1. The authority citation for part 153 continues to read as follows:
Authority: Secs. 1311, 1321, 1341-1343, Pub. L. 111-148, 24
Stat. 119.
Sec. 153.20 [Corrected]
0
2. In Sec. 153.20, amend paragraph (2) of the definition of
``contributing entity'' by removing the word ``volume'' and adding in
its place ``value.''
Dated: June 17, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2014-15099 Filed 6-26-14; 8:45 am]
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