Medicare Program; Revisions to the Medicare Advantage and Prescription Drug Benefit Programs; Correcting Amendment, 70598-70599 [E8-27712]

Download as PDF 70598 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations TABLE 1—SCHEDULE FOR EXCEPTIONAL EVENT FLAGGING AND DOCUMENTATION SUBMISSION FOR DATA TO BE USED IN DESIGNATIONS DECISIONS FOR NEW OR REVISED NAAQS 2004–2006 October 1, 2007 a ..................... April 15, 2008 a. 2005–2007 December 31, 2008 b ............... March 12, 2009 b. March 12, 2009 b ..................... March 12, 2009 b. 2009 PM2.5/24-Hr Standard (35 µg/m3) Promulgated October 17, 2006. Ozone/8-Hr Standard (0.075 ppm) Promulgated March 12, 2008. Event flagging & initial description deadline 2008 NAAQS pollutant/standard/(level)/promulgation date Air quality data collected for calendar year January 8, 2010 b ..................... January 8, 2010 b. Detailed documentation submission deadline a These dates are unchanged from those published in the original rulemaking, and are shown in this table for informational purposes. change from general schedule in 40 CFR 50.14. Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most notably, for data used by EPA for redesignations to attainment. b Indicates * * * * * [FR Doc. E8–27741 Filed 11–20–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260 and 261 [EPA–HQ–RCRA–2002–0002; FRL–8743–5] RIN 2050–AE78 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas; Notice of Action Denying Petition for Reconsideration AGENCY: Environmental Protection Agency. Notice of action denying petition for reconsideration. dwashington3 on PRODPC61 with RULES ACTION: SUMMARY: The Environmental Protection Agency (EPA or the Agency) is providing notice that it has responded to a petition for reconsideration of the final rule, ‘‘Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining Industry Processed in a Gasification System to Produce Synthesis Gas’’, published at 73 FR 57 (January 2, 2008). The EPA considered the petition along with information contained in the rulemaking docket in reaching a decision on the petition. EPA Assistant Administrator Susan Parker Bodine denied the petition for reconsideration in a letter to the petitioners issued in November 2008. The letter explains EPA’s reasons for the denial. Section 7006(a) of the Resource Conservation and Recovery Act (RCRA) states, in pertinent part, that judicial review of VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 566–1744, and the telephone number for the RCRA Docket is (202) 566–0270. A reasonable fee may be charged for copying docket materials. the denial of any petition for the amendment or repeal of any regulation under the Act may be filed only in the United States Court of Appeals for the District of Columbia Circuit within 90 days of the denial. FOR FURTHER INFORMATION CONTACT: Alan Carpien, U.S. Environmental Protection Agency, Office of General Counsel, Mail Code 2366A, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (202) 564–5507; or carpien.alan@epa.gov. SUPPLEMENTARY INFORMATION: Dated: November 14, 2008. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E8–27759 Filed 11–20–08; 8:45 am] How Can I Get Copies of This Document and Other Related Information? Centers for Medicare & Medicaid Services This Federal Register notice, the petition for reconsideration and the letter denying the petition for reconsideration are available in a docket EPA has established for this action under Docket ID No. EPA–HQ–RCRA– 2008–0808. All documents in the docket are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, because for example, it may be Confidential Business Information (CBI) or other information, the disclosure of which is restricted by statute. Certain material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the RCRA Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 42 CFR Parts 423 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [CMS–4138–IFC3] RIN–0938–AP52 Medicare Program; Revisions to the Medicare Advantage and Prescription Drug Benefit Programs; Correcting Amendment Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Interim final rule with comment period; correcting amendment. AGENCY: SUMMARY: In the September 18, 2008 issue of the Federal Register (73 FR 54226), we published an interim final rule with comment period that revises the regulations governing the Medicare Advantage (MA) program (Part C), prescription drug benefit program (Part D) and section 1876 cost plans. The interim final rule makes conforming changes to the MA regulations to reflect new statutory requirements regarding special needs plans (SNP), private-feefor-service plans (PFFS), regional preferred provider organizations (RPPO) plans, Medicare medical savings E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations accounts (MSA) plans, and new statutory provisions governing costsharing for dual-eligible enrollees in the MA program prescription drug pricing, coverage, and payment processes in the Part D program. In addition, the interim final rule sets forth new requirements governing the marketing of Part C and Part D plans which by statute must be in place at a date specified by the Secretary, but no later than November 15, 2008. Both the conforming changes to the regulations to reflect new statutory provisions and the new marketing requirements are based on provisions in the Medicare Improvements for Patients and Providers Act (MIPPA), which became law on July 15, 2008. This correcting amendment corrects technical and typographical errors identified in the September 18, 2008 interim final rule. DATES: Effective Date: This correcting amendment is effective November 21, 2008, and is applicable on September 18, 2008. FOR FURTHER INFORMATION CONTACT: Vanessa Duran, (410) 786–8697. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. E8–21686 (73 FR 54226), the interim final rule with comment period entitled ‘‘Revisions to the Medicare Advantage and Prescription Drug Benefit Programs,’’ there were typographical and technical errors that are identified and corrected in the preamble and regulations text of this correcting amendment. The provisions of this correcting amendment are effective September 18, 2008. II. Summary of Errors in the Preamble On page 54240, in the last paragraph of the second column, the acronym ‘‘HIPAA’’ was inadvertently written instead of the acronym ‘‘MIPPA.’’ III. Correction of Errors in the Preamble 1. On page 54240, in the second column; in the last paragraph, change the acronym ‘‘HIPAA’’ to read ‘‘MIPPA.’’ dwashington3 on PRODPC61 with RULES IV. Summary of Errors in the Regulations Text On page 54251 of the September 18, 2008 interim final rule, we made technical errors in § 423.505(i)(3)(iv) and (v) of the regulations text. In these paragraphs, we inadvertently replaced § 423.505(i)(3)(iv) and (v) as they appeared in the December 5, 2007 final rule (72 FR 68732), entitled, ‘‘Revisions to the Medicare Advantage and Part D Prescription Drug Contract Determinations, Appeals, and VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 Intermediate Sanctions Process.’’ We note that the provisions in the December 5, 2007 final rule (72 FR 68732) were not intended to be revised in the September 18, 2008 interim final rule (73 FR 54226). Accordingly, we are redesignating § 423.505(i)(3)(iv) through (vi) as § 423.505(i)(3)(vi) through (viii). At this time, we are reserving paragraphs § 423.505(i)(3)(iv) and (v) because these provisions in the December 5, 2007 final rule do not go into effect until January 1, 2009. Under § 423.505(i)(3), redesignated paragraphs (vi) through (viii) will now reflect our intended policy changes in the September 18, 2008 interim final rule. V. 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 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. Our policy on contracts or written arrangements between Part D sponsors and first tier, downstream, and related entities in the September 18, 2008 interim final rule has previously been subjected to notice and comment procedures. This correcting amendment merely corrects technical errors in the preamble and regulations text of the September 18, 2008 interim final rule. Therefore, we find that undertaking further notice and comment procedures to incorporate these corrections into the interim final rule is unnecessary and contrary to the public interest. For the same reasons, we are also waiving the 30-day delay in effective date for this correcting amendment. We believe that it is in the public interest to ensure that the September 18, 2008 interim final rule accurately states our policy on contracts or written PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 70599 arrangements between Part D sponsors and first tier, downstream, and related entities. Thus delaying the effective date of these corrections would be contrary to the public interest. Therefore, we also find good cause to waive the 30-day delay in effective date. List of Subjects in 42 CFR Part 423 Administrative practice and procedure, Emergency medical services, Health facilities, Health maintenance organizations (HMO), Medicare, Penalties, Privacy, Reporting and recordkeeping. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments to part 423: ■ PART 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT 1. The authority citation for part 423 continues to read as follows: ■ Authority: Secs. 1102, 1860D–1 through 1860D–42, and 1871 of the Social Security Act (42 U.S.C. 1302, 1395w–101 through 1395w–152, and 1395hh). Subpart K—Application Procedures and Contracts with Part D Plan Sponsors 2. Amend § 423.505 by— A. Redesignating paragraphs (i)(3)(iv) through (vi) as paragraphs (i)(3)(vi) through (viii). ■ B. Reserving paragraphs (i)(3)(iv) and (v). The revisions read as follows: ■ ■ § 423.505 Contract Provisions. * * * * (i) * * * (3) * * * (iv) [Reserved] (v) [Reserved] * * * * * * (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: November 7, 2008. Ann Agnew, Executive Secretary to the Department. [FR Doc. E8–27712 Filed 11–20–08; 8:45 am] BILLING CODE 4120–01–P E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Pages 70598-70599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27712]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 423

[CMS-4138-IFC3]
RIN-0938-AP52


Medicare Program; Revisions to the Medicare Advantage and 
Prescription Drug Benefit Programs; Correcting Amendment

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Interim final rule with comment period; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: In the September 18, 2008 issue of the Federal Register (73 FR 
54226), we published an interim final rule with comment period that 
revises the regulations governing the Medicare Advantage (MA) program 
(Part C), prescription drug benefit program (Part D) and section 1876 
cost plans. The interim final rule makes conforming changes to the MA 
regulations to reflect new statutory requirements regarding special 
needs plans (SNP), private-fee-for-service plans (PFFS), regional 
preferred provider organizations (RPPO) plans, Medicare medical savings

[[Page 70599]]

accounts (MSA) plans, and new statutory provisions governing cost-
sharing for dual-eligible enrollees in the MA program prescription drug 
pricing, coverage, and payment processes in the Part D program. In 
addition, the interim final rule sets forth new requirements governing 
the marketing of Part C and Part D plans which by statute must be in 
place at a date specified by the Secretary, but no later than November 
15, 2008. Both the conforming changes to the regulations to reflect new 
statutory provisions and the new marketing requirements are based on 
provisions in the Medicare Improvements for Patients and Providers Act 
(MIPPA), which became law on July 15, 2008. This correcting amendment 
corrects technical and typographical errors identified in the September 
18, 2008 interim final rule.

DATES: Effective Date: This correcting amendment is effective November 
21, 2008, and is applicable on September 18, 2008.

FOR FURTHER INFORMATION CONTACT: Vanessa Duran, (410) 786-8697.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. E8-21686 (73 FR 54226), the interim final rule with 
comment period entitled ``Revisions to the Medicare Advantage and 
Prescription Drug Benefit Programs,'' there were typographical and 
technical errors that are identified and corrected in the preamble and 
regulations text of this correcting amendment. The provisions of this 
correcting amendment are effective September 18, 2008.

II. Summary of Errors in the Preamble

    On page 54240, in the last paragraph of the second column, the 
acronym ``HIPAA'' was inadvertently written instead of the acronym 
``MIPPA.''

III. Correction of Errors in the Preamble

    1. On page 54240, in the second column; in the last paragraph, 
change the acronym ``HIPAA'' to read ``MIPPA.''

IV. Summary of Errors in the Regulations Text

    On page 54251 of the September 18, 2008 interim final rule, we made 
technical errors in Sec.  423.505(i)(3)(iv) and (v) of the regulations 
text. In these paragraphs, we inadvertently replaced Sec.  
423.505(i)(3)(iv) and (v) as they appeared in the December 5, 2007 
final rule (72 FR 68732), entitled, ``Revisions to the Medicare 
Advantage and Part D Prescription Drug Contract Determinations, 
Appeals, and Intermediate Sanctions Process.'' We note that the 
provisions in the December 5, 2007 final rule (72 FR 68732) were not 
intended to be revised in the September 18, 2008 interim final rule (73 
FR 54226). Accordingly, we are redesignating Sec.  423.505(i)(3)(iv) 
through (vi) as Sec.  423.505(i)(3)(vi) through (viii). At this time, 
we are reserving paragraphs Sec.  423.505(i)(3)(iv) and (v) because 
these provisions in the December 5, 2007 final rule do not go into 
effect until January 1, 2009.
    Under Sec.  423.505(i)(3), redesignated paragraphs (vi) through 
(viii) will now reflect our intended policy changes in the September 
18, 2008 interim final rule.

V. 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 
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.
    Our policy on contracts or written arrangements between Part D 
sponsors and first tier, downstream, and related entities in the 
September 18, 2008 interim final rule has previously been subjected to 
notice and comment procedures. This correcting amendment merely 
corrects technical errors in the preamble and regulations text of the 
September 18, 2008 interim final rule. Therefore, we find that 
undertaking further notice and comment procedures to incorporate these 
corrections into the interim final rule is unnecessary and contrary to 
the public interest.
    For the same reasons, we are also waiving the 30-day delay in 
effective date for this correcting amendment. We believe that it is in 
the public interest to ensure that the September 18, 2008 interim final 
rule accurately states our policy on contracts or written arrangements 
between Part D sponsors and first tier, downstream, and related 
entities. Thus delaying the effective date of these corrections would 
be contrary to the public interest. Therefore, we also find good cause 
to waive the 30-day delay in effective date.

List of Subjects in 42 CFR Part 423

    Administrative practice and procedure, Emergency medical services, 
Health facilities, Health maintenance organizations (HMO), Medicare, 
Penalties, Privacy, Reporting and recordkeeping.

0
Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 423:

PART 423--VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT

0
1. The authority citation for part 423 continues to read as follows:

    Authority: Secs. 1102, 1860D-1 through 1860D-42, and 1871 of the 
Social Security Act (42 U.S.C. 1302, 1395w-101 through 1395w-152, 
and 1395hh).

Subpart K--Application Procedures and Contracts with Part D Plan 
Sponsors

0
2. Amend Sec.  423.505 by--
0
A. Redesignating paragraphs (i)(3)(iv) through (vi) as paragraphs 
(i)(3)(vi) through (viii).
0
B. Reserving paragraphs (i)(3)(iv) and (v).
    The revisions read as follows:


Sec.  423.505  Contract Provisions.

* * * * *
    (i) * * *
    (3) * * *
    (iv) [Reserved]
    (v) [Reserved]
* * * * *

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: November 7, 2008.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E8-27712 Filed 11-20-08; 8:45 am]
BILLING CODE 4120-01-P