Medicaid Program; State Flexibility for Medicaid Benefit Packages: Delay of Effective Date, 5808-5809 [E9-2186]
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5808
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations
in the public interest to make this final
rule effective on the date of publication.
introductory text before part A to read
as follows:
Executive Order 12866
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
We have consulted with the Office of
Management and Budget (OMB) and
determined that this final rule does not
meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. Thus, OMB did not
review it. We have also determined that
this final rule meets the plain language
requirement of Executive Order 12866,
as amended.
Regulatory Flexibility Act
We certify that this final rule does not
have a significant economic impact on
a substantial number of small entities
because it affects only individuals.
Therefore, a regulatory flexibility
analysis, as provided in the Regulatory
Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
This final rule imposes no reporting/
recordkeeping requirements
necessitating clearance by OMB.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social
Security-Survivors Insurance; 96.006,
Supplemental Security Income)
List of Subjects in 20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
Dated: January 22, 2009.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set forth in the
preamble, we amend part 404, subpart
P, chapter III of title 20 of the Code of
Federal Regulations as set forth below.
■
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
Subpart P—[Amended]
1. The authority citation for subpart P
of part 404 continues to read as follows:
dwashington3 on PROD1PC60 with RULES
■
Authority: Secs. 202, 205(a), (b), and (d)–
(h), 216(i), 221(a) and (i), 222(c), 223, 225,
and 702(a)(5) of the Social Security Act (42
U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),
421(a) and (i), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Amend appendix 1 to subpart P of
part 404 by revising item 2 of the
■
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2. Musculoskeletal System (1.00 and
101.00): February 18, 2011.
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[FR Doc. E9–2109 Filed 1–30–09; 8:45 am]
BILLING CODE 4191–02–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
22 CFR Part 215
RIN 0412–AA61
Privacy Act of 1974, Implementation of
Exemptions
AGENCY: United States Agency for
International Development.
ACTION: Final rule; delay of effective
date and addition of comment period.
SUMMARY: This document delays the
effective date by 60 days and provides
a 30-day public comment period to run
concurrently for the final rule
exempting portions of the Partner
Vetting System from one or more
provisions of the Privacy Act, as
published in the Federal Register on
January 2, 2009.
DATES: The effective date for the final
rule published on January 2, 2009 (74
FR 9), is delayed until April 3, 2009.
Written comments must be received on
or before March 4, 2009.
ADDRESSES: Written comments may be
submitted electronically through the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Written comments may also be
submitted by mail to Rhonda Turnbow,
Deputy Chief Privacy Officer, United
States Agency for International
Development, 1300 Pennsylvania
Avenue, NW., Office 2.12–003,
Washington, DC 20523–2120.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact Jeff
Denale, Chief, Counterterrorism and
Information Security Division, Office of
Security, United States Agency for
International Development, Ronald
Reagan Building, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523.
SUPPLEMENTARY INFORMATION: The
United States Agency for International
Development published a Final Rule in
the Federal Register on January 2, 2009
(74 FR 9), FR Doc. E8–31131. Pursuant
to a January 20, 2009 White House
PO 00000
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Memorandum on regulatory review,
agencies are requested to consider
extending for 60 days the effective date
of regulations that have been published
in the Federal Register but not yet taken
effect, for the purpose of reviewing
questions of law and policy raised by
those regulations. Where such an
extension is made, agencies are
requested to immediately reopen the
notice-and-comment period for 30 days
to allow interested parties to provide
comments about issues of law and
policy raised by those regulations. As a
result, USAID has delayed the effective
date of the final rule from February 2,
2009 to April 3, 2009. USAID has also
opened a 30-day public comment
period.
Dated: January 28, 2009.
Randy T. Streufert,
Director, Office of Security.
[FR Doc. E9–2220 Filed 1–30–09; 8:45 am]
BILLING CODE 6116–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 440
[CMS–2232–IFC]
RIN 0938–A048
Medicaid Program; State Flexibility for
Medicaid Benefit Packages: Delay of
Effective Date
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period: delay of effective date and
reopening of the comment period.
SUMMARY: In accordance with the
memorandum of January 20, 2009, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Review
Plan,’’ this action temporarily delays for
60 days the effective date of the final
rule entitled, Medicaid Program; State
Flexibility for Medicaid Benefit
Packages’’ published in the December 3,
2008 Federal Register (73 FR 73694).
The temporary 60-day delay in effective
date is necessary to give Department
officials the opportunity for further
review of the issues of law and policy
raised by this rule. In addition, this
action reopens the comment period on
the policies set out in the December 3,
2008 final rule to allow interested
parties to provide comments about
issues of law and policy raised by the
rule.
E:\FR\FM\02FER1.SGM
02FER1
dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations
DATES: Effective Date. This action is
effective January 30, 2009. The effective
date of the rule amending 42 CFR part
440 published in the December 3, 2008
Federal Register (73 FR 73694) is
delayed 60 days until April 3, 2009.
Comment Period. To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
March 4, 2009. Comments may address
either December 3, 2008 final rule, or
this action (the delay in the effective
date, and the reopening of the comment
period).
ADDRESSES: In commenting, please refer
to file code CMS–2232–IFC. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed)
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ and enter the filecode to
find the document accepting comments.
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–2232–
IFC, P.O. Box 8016, Baltimore, MD
21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments (one
original and two copies) to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2232–IFC, Mail Stop C4–26–05,
7500 Security Boulevard, Baltimore, MD
21244–8016.
4. By hand or courier. If you prefer,
you may deliver (by hand or courier)
your written comments (one original
and two copies) before the close of the
comment period to either of the
following addresses:
a. Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201;
(Because access to the interior of the
HHH Building is not readily available to
persons without Federal Government
identification, commenters are
encouraged to leave their comments in
the CMS drop slots located in the main
VerDate Nov<24>2008
15:02 Jan 30, 2009
Jkt 217001
lobby of the building. A stamp-in clock
is available for persons wishing to retain
a proof of filing by stamping in and
retaining an extra copy of the comments
being filed.)
b. 7500 Security Boulevard, Baltimore,
MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
7195 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
FOR FURTHER INFORMATION CONTACT:
Christine Gerhardt, (410) 786–0693.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2008, we published
a final rule in the Federal Register
entitled ‘‘Medicaid Program; State
Flexibility for Medicaid Benefit’’ (73 FR
73694). The December 2008 final rule
implements provisions of section 6044
of the Deficit Reduction Act of 2005,
which amends the Social Security Act
by adding a new section 1937 related to
the coverage of medical assistance
under approved State plans. The final
rule also provides States increased
flexibility under an approved State plan
to define the scope of covered medical
assistance by offering coverage of
benchmark or benchmark-equivalent
benefit packages to certain Medicaid
recipients. In addition, the final rule
responds to public comments on the
February 22, 2008, proposed rule that
pertain to the State Medicaid benefit
package provisions.
II. Provisions of This Action
This action delays the effective date of
the December 3, 2008 final rule and
reopens the comment period on the
policies set out in the final rule. The
effective date of the December 3 final
rule, which would have been February
2, 2009, is now April 3, 2009. The 60day delay in the effective date is
necessary to give Department officials
the opportunity for further review of the
issues of law and policy raised by this
rule, to give the public the opportunity
to submit additional comments on
issues of law and policy raised by the
December 3, 2008 final rule, and to
provide an opportunity for CMS to
consider all additional comments. We
also seek comments on this action (the
delay in the effective date and the
reopening of the comment period).
PO 00000
Frm 00013
Fmt 4700
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5809
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
such as this take effect, in accordance
with section 553(b) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). We also ordinarily
provide a 30-day delay in the effective
date of the provisions of a rule in
accordance with section 553(d) of the
APA (5 U.S.C. 553(d)). However, we can
waive both the notice and comment
procedure and the 30-day delay in the
effective date if the Secretary finds, for
good cause, that it is impracticable,
unnecessary or contrary to the public
interest to follow the notice and
comment procedure or to comply with
the 30-day delay in the effective date,
and incorporates a statement of the
finding and the reasons in the rule.
This action delays the effective date of
the December 3, 2008 final rule that was
promulgated through notice and
comment rulemaking. A delay in
effective date and reopening of the
comment period is necessary to ensure
that we have the opportunity to receive
additional public comments to fully
inform our decisions before the policies
contained in the final rule become
effective. Moreover, we believe it would
be contrary to the public interest for the
December 3, 2008 final rule to become
effective until we are certain that all
public comments, including any
additional comments that are submitted
in the reopened comment period, are
considered. To do otherwise could
potentially result in uncertainty and
confusion as to the finality of the final
rule. For the reasons stated above, we
find that both notice and comment and
the 30-day delay in effective date for
this action are unnecessary and contrary
to the public interest. Therefore, we find
there is good cause to waive notice and
comment procedures and the 30-day
delay in effective date for this rule.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
Dated: January 28, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: January 28, 2009.
Charles Johnson,
Acting Secretary.
[FR Doc. E9–2186 Filed 1–30–09; 8:45 am]
BILLING CODE 4120–01–P
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Rules and Regulations]
[Pages 5808-5809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2186]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 440
[CMS-2232-IFC]
RIN 0938-A048
Medicaid Program; State Flexibility for Medicaid Benefit
Packages: Delay of Effective Date
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment period: delay of effective date
and reopening of the comment period.
-----------------------------------------------------------------------
SUMMARY: In accordance with the memorandum of January 20, 2009, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Review Plan,'' this action temporarily delays for 60 days
the effective date of the final rule entitled, Medicaid Program; State
Flexibility for Medicaid Benefit Packages'' published in the December
3, 2008 Federal Register (73 FR 73694). The temporary 60-day delay in
effective date is necessary to give Department officials the
opportunity for further review of the issues of law and policy raised
by this rule. In addition, this action reopens the comment period on
the policies set out in the December 3, 2008 final rule to allow
interested parties to provide comments about issues of law and policy
raised by the rule.
[[Page 5809]]
DATES: Effective Date. This action is effective January 30, 2009. The
effective date of the rule amending 42 CFR part 440 published in the
December 3, 2008 Federal Register (73 FR 73694) is delayed 60 days
until April 3, 2009.
Comment Period. To be assured consideration, comments must be
received at one of the addresses provided below, no later than 5 p.m.
on March 4, 2009. Comments may address either December 3, 2008 final
rule, or this action (the delay in the effective date, and the
reopening of the comment period).
ADDRESSES: In commenting, please refer to file code CMS-2232-IFC.
Because of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
You may submit comments in one of four ways (please choose only one
of the ways listed)
1. Electronically. You may submit electronic comments on specific
issues in this regulation to https://www.regulations.gov. Follow the
instructions for ``Comment or Submission'' and enter the filecode to
find the document accepting comments.
2. By regular mail. You may mail written comments (one original and
two copies) to the following address ONLY: Centers for Medicare &
Medicaid Services, Department of Health and Human Services, Attention:
CMS-2232-IFC, P.O. Box 8016, Baltimore, MD 21244-8016.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments (one
original and two copies) to the following address ONLY: Centers for
Medicare & Medicaid Services, Department of Health and Human Services,
Attention: CMS-2232-IFC, Mail Stop C4-26-05, 7500 Security Boulevard,
Baltimore, MD 21244-8016.
4. By hand or courier. If you prefer, you may deliver (by hand or
courier) your written comments (one original and two copies) before the
close of the comment period to either of the following addresses:
a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue,
SW., Washington, DC 20201;
(Because access to the interior of the HHH Building is not readily
available to persons without Federal Government identification,
commenters are encouraged to leave their comments in the CMS drop slots
located in the main lobby of the building. A stamp-in clock is
available for persons wishing to retain a proof of filing by stamping
in and retaining an extra copy of the comments being filed.)
b. 7500 Security Boulevard, Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address,
please call telephone number (410) 786-7195 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment
period.
FOR FURTHER INFORMATION CONTACT: Christine Gerhardt, (410) 786-0693.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2008, we published a final rule in the Federal
Register entitled ``Medicaid Program; State Flexibility for Medicaid
Benefit'' (73 FR 73694). The December 2008 final rule implements
provisions of section 6044 of the Deficit Reduction Act of 2005, which
amends the Social Security Act by adding a new section 1937 related to
the coverage of medical assistance under approved State plans. The
final rule also provides States increased flexibility under an approved
State plan to define the scope of covered medical assistance by
offering coverage of benchmark or benchmark-equivalent benefit packages
to certain Medicaid recipients. In addition, the final rule responds to
public comments on the February 22, 2008, proposed rule that pertain to
the State Medicaid benefit package provisions.
II. Provisions of This Action
This action delays the effective date of the December 3, 2008 final
rule and reopens the comment period on the policies set out in the
final rule. The effective date of the December 3 final rule, which
would have been February 2, 2009, is now April 3, 2009. The 60-day
delay in the effective date is necessary to give Department officials
the opportunity for further review of the issues of law and policy
raised by this rule, to give the public the opportunity to submit
additional comments on issues of law and policy raised by the December
3, 2008 final rule, and to provide an opportunity for CMS to consider
all additional comments. We also seek comments on this action (the
delay in the effective date and the reopening of the comment period).
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 such as this take effect, in accordance with
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). We also ordinarily provide a 30-day delay in the effective
date of the provisions of a rule in accordance with section 553(d) of
the APA (5 U.S.C. 553(d)). However, we can waive both the notice and
comment procedure and the 30-day delay in the effective date if the
Secretary finds, for good cause, that it is impracticable, unnecessary
or contrary to the public interest to follow the notice and comment
procedure or to comply with the 30-day delay in the effective date, and
incorporates a statement of the finding and the reasons in the rule.
This action delays the effective date of the December 3, 2008 final
rule that was promulgated through notice and comment rulemaking. A
delay in effective date and reopening of the comment period is
necessary to ensure that we have the opportunity to receive additional
public comments to fully inform our decisions before the policies
contained in the final rule become effective. Moreover, we believe it
would be contrary to the public interest for the December 3, 2008 final
rule to become effective until we are certain that all public comments,
including any additional comments that are submitted in the reopened
comment period, are considered. To do otherwise could potentially
result in uncertainty and confusion as to the finality of the final
rule. For the reasons stated above, we find that both notice and
comment and the 30-day delay in effective date for this action are
unnecessary and contrary to the public interest. Therefore, we find
there is good cause to waive notice and comment procedures and the 30-
day delay in effective date for this rule.
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program)
Dated: January 28, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
Approved: January 28, 2009.
Charles Johnson,
Acting Secretary.
[FR Doc. E9-2186 Filed 1-30-09; 8:45 am]
BILLING CODE 4120-01-P