[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29235-29236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 153
[CMS-9975-CN]
RIN 0938-AR07
Patient Protection and Affordable Care Act; Standards Related to
Reinsurance, Risk Corridors, and Risk Adjustment; Correction
AGENCY: Department of Health and Human Services.
ACTION: Final rule; correction.
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SUMMARY: This document corrects a technical error that appeared in the
final rule with comment period published in the Federal Register on
March 23, 2012
[[Page 29236]]
entitled, ``Patient Protection and Affordable Care Act; Standards
Related to Reinsurance, Risk Corridors, and Risk Adjustment.''
DATES: Effective Date: This correction is effective on May 22, 2012.
FOR FURTHER INFORMATION CONTACT: Jeff Wu at (301) 492-4416. Wakina
Scott at (301) 492-4393.
SUPPLEMENTARY INFORMATION:
I. Background
In Federal Register Doc. 2012-6594 of March 23, 2012 (77 FR 17220-
17252), there was a technical error that is identified and corrected in
the ``Correction of Error'' section below. The provision in this
correction document is effective as if it had been included in the
document published on March 23, 2012. Accordingly, the correction is
effective on May 22, 2012.
II. Summary of Error
On page 17248, we inadvertently made an incorrect cross reference
in the regulations text at Sec. 153.220(d). We are correcting the
cross reference from ``Sec. 153.210(a)(2)(ii)'' to read ``Sec.
153.210(a)(2)(iii)'' to specify that if a State contracts with more
than one applicable reinsurance entity, the State must notify HHS in
the manner and timeframe specified by HHS of the percentage of
reinsurance contributions received from HHS for the State to be
allocated to each applicable reinsurance entity.
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 there is good cause to do so, and
the agency incorporates a statement of the findings and its reasons in
the rule issued.
This document merely corrects technical and typographic errors in
the Health Insurance Premium Stabilization final rule that was
published on March 23, 2012 and becomes effective on May 22, 2012. The
changes are not substantive changes to the standards set forth in the
final rule. 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
the dissemination of it. For the reasons stated above, we find there is
good cause to waive notice and comment procedures and the 30-day delay
in the effective date for this correction notice.
IV. Correction of Error
Correction to the Regulations Text
Sec. 153.220 [Corrected]
0
On page 17248, in the second column; under ``paragraph (d) Distribution
of reinsurance contributions,'' in line 11, revise the cross reference
``Sec. 153.210(a)(2)(ii)'' to read ``Sec. 153.210(a)(2)(iii)''.
Dated: May 11, 2011.
Jennifer Cannistra,
Executive Secretary to the Department.
[FR Doc. 2012-11994 Filed 5-16-12; 8:45 am]
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