Medicare Program; Policy and Technical Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs; Corrections, 32858-32860 [2010-13923]
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32858
Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
June 4, 2010, make the following
correction:
40 CFR Part 52
§52.420
[EPA-R03-OAR-2010-0039; FRL-9158-3]
On page 31712 in §52.420, the table
titled EPA-APPROVED REGULATIONS IN
THE DELAWARE SIP should appear as
follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Control of Nitrogen Oxide
Emissions From Industrial Boilers and
Process Heaters at Petroleum
Refineries
[Corrected]
Correction
In rule document 2010–13377
beginning on page 31711 in the issue of
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
State effective
date
Title/subject
*
*
Section 2.0 ........
*
Specific Emission Control
Requirements.
*
*
11/11/09
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
6/4/10 ..............................
[Insert page number
where the document
begins].
*
42 CFR Parts 417, 422, 423, and 480
[CMS–4085–CN]
RIN 0938–AP77
Medicare Program; Policy and
Technical Changes to the Medicare
Advantage and the Medicare
Prescription Drug Benefit Programs;
Corrections
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
*
In the final rule entitled ‘‘Medicare
Program; Policy and Technical Changes
to the Medicare Advantage and the
Medicare Prescription Drug Benefit
Programs’’ which appeared in the April
15, 2010 Federal Register (FR Doc.
2010–7966, (75 FR 19678)), there were
technical and typographical errors that
are identified and corrected in the
Correction of Errors section below. The
provisions in this correction notice are
effective as if they had been included in
the document that appeared in the April
15, 2010 Federal Register. Accordingly,
the corrections are effective June 7,
2010.
II. Summary of Errors
SUMMARY: This document corrects
technical and typographical errors in
the final rule that appeared in the April
15, 2010 Federal Register entitled
‘‘Medicare Program; Policy and
Technical Changes to the Medicare
Advantage and the Medicare
Prescription Drug Benefit Programs.’’
On page 19752, in our preamble
discussion regarding risk adjustment
data validation (RADV) appeals and the
addition of Medicare Advantage (MA)
organization RADV—dispute and appeal
procedures we made typographical
errors in two regulatory citations and we
correct these errors in section IV.A.1. of
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Emission limitations for any industrial boiler or process heater with a maximum heat input capacity
of equal to or greater than 200 mmBTU/hr.
I. Background
Centers for Medicare & Medicaid
Services
Jkt 220001
*
DATES: Effective Date: This correction
notice is effective June 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Alissa Deboy, (410) 786–6041.
SUPPLEMENTARY INFORMATION:
BILLING CODE 1505–01–D
18:48 Jun 09, 2010
*
*
[FR Doc. C1–2010–13377 Filed 6–9–10; 8:45 am]
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Additional explanation
*
*
*
*
*
Regulation 1142—Specific Emission Control Requirements (Formerly Regulation No. 42)
*
VerDate Mar<15>2010
EPA approval date
*
*
this correction notice. In addition, on
page 19809 in the regulations text for
the RADV provisions, we inadvertently
designated two paragraphs as
§ 422.311(c)(iii)(C). We are correcting
this error in section IV.B.l. of this
correction notice.
In our preamble discussion of criteria
and procedures for identifying
‘‘protected classes’’ of drugs within
which all covered Part D drugs must be
included in Part D formularies (75 FR
19767), we indicated that we would not
finalize in regulations (§ 423.100) our
proposed definitions used to interpret
the section 176 of Medicare
Improvements for Patients and
Providers Act of 2008 (MIPPA) criteria
(that is, the definitions for the terms,
‘‘drug category or class,’’ ‘‘major or life
threatening clinical consequences,’’
‘‘restricted access,’’ and ‘‘significant need
for access to multiple drugs’’). However,
we indicated that we would finalize our
proposed regulations text regarding the
exceptions criteria (§ 423.120(b)(2)(iv)).
Therefore, in section IV.B.3. and 4. of
this correction notice, we correct these
errors by removing the proposed
definitions inadvertently published for
§ 423.100 and adding the exceptions
criteria that were inadvertently omitted
from § 423.120(b).
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On page 19812, we presented our
regulatory changes to § 422.566 and
§ 422.568 regarding organization
determinations. We made errors in the
amendatory statements for the
regulations text of these sections
regarding the redesigination of
paragraphs. We are also correcting an
technical error in § 422.566(c)(2)(i)
(changing ‘‘A’’ to ‘‘The’’) to ensure
consistency between paragraphs (c)(1)(i)
and (c)(2)(i). In section IV.B.2 of this
correction notice, we correct these
errors.
On page 19822, we presented our
regulatory changes to § 423.551
regarding changes in ownership during
a PDP term of contract. In presenting
these regulatory changes, we indicated
that we were adding a new paragraph (g)
instead of indicating that we were
revising the existing paragraph (g). In
section IV.B.5. of this correction notice,
we correct this error.
In our acronyms list and in the
preamble discussion and regulations
text regarding medication therapy
management programs under Part D, we
erroneously used the term
‘‘comprehensive medical review’’
instead of ‘‘comprehensive medication
review.’’ Therefore, in section IV. A.2, 4.
and 5. and B.5. of this correction notice
we are correcting these errors. In
addition, we inadvertently listed the
acronym for comprehensive medical
reviews (CMR) twice. We also correct
the erroneous listing of the acronym in
section IV.A.1. of this correction notice.
III. Waiver of Proposed Rulemaking
and Waiver of the 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)). In addition,
section 553(d) of the APA (5 U.S.C.
553(b)) ordinarily requires a 30-day
delay in effect date of final rules after
the date of their publication in the
Federal Register. However, we can
waive both the notice and comment
procedure and the 30-day delay in
effective date 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.
This document merely corrects
typographical and technical errors made
in the Policy and Technical Changes to
the Medicare Advantage and the
Medicare Prescription Drug Benefit
VerDate Mar<15>2010
14:02 Jun 09, 2010
Jkt 220001
Programs final rule (FR. Doc. 2010–
7966) which appeared in the April 15,
2010 Federal Register and will be
effective on June 7, 2010. The
provisions of the final rule have been
subjected previously to notice and
comment procedures. The corrections
contained in this document are
consistent with and do not make
substantive changes to, the policies
adopted in the final rule. Therefore, we
find it unnecessary to undertake further
notice and comment procedures with
respect to this correction notice. We also
believe it is in the public interest to
waive notice and comment procedures
and the 30-day delay in effective date
for this notice. This correction notice is
intended to ensure that the final rule
accurately describes the policies being
adopted in the final rule, and that
correct information is made available to
the public prior to June 7, 2010, the date
on which the final rule becomes
effective.
For the reasons stated above, we find
that both notice and comment and the
30-day delay in effective date for this
correction notice are unnecessary, and
that it is in the public interest to make
this notice effective in conjunction with
the final rule to which the corrections
apply. Therefore, we find there is good
cause to waive notice and comment
procedures and the 30-day delay in
effective date for this correction notice.
IV. Correction of Errors
In FR Doc. 2010–7966 of April 15,
2010, (75 FR 19678), make the following
corrections:
A. Correction of Errors in the Preamble
1. On page 19679, third column,
second line from the bottom, the
acronym and term ‘‘CMR
Comprehensive Medical Review’’ is
corrected by deleting the acronym and
term.
2. On page 19680, first column, top of
the page, line 1, the term for the
acronym CMR, ‘‘Comprehensive
Medical Review’’ is corrected to read
‘‘Comprehensive Medication Review’’.
3. On page 19752—
a. In the first column, last paragraph,
line 1, the citation § 422.311(c)(2)(v) is
corrected to read ‘‘§ 422.311(c)(2)(ix)’’.
b. In the second column, first partial
paragraph, line 5, the citation
§ 422.311(c)(2)(vi) is corrected to read
‘‘§ 422.311(c)(2)(x)’’.
4. On page 19773, in the second
column, first full paragraph, line 5, the
term ‘‘comprehensive medical review’’ is
corrected to read ‘‘comprehensive
medication review’’.
5. On page 19793, first column—
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32859
a. Second full paragraph, lines 8 and
9, the term ‘‘comprehensive medical
review’’ is corrected to read
‘‘comprehensive medication review’’.
b. Last paragraph—
(1) Lines 4 and 5, the term ‘‘medical
reviews’’ is corrected to read
‘‘medication reviews’’.
(2) Line 6, the term ‘‘medical review’’
is corrected to read ‘‘medication
review’’.
B. Correction of Errors in the
Regulations Text
1. On page 19809, in the first column,
second full paragraph, line 1, the
paragraph designation ‘‘(C)’’ is corrected
to read ‘‘(D)’’.
2. On page 19812, in the second
column—
a. In the first full paragraph, in the
amendatory statement for § 422.566
(statement number 37)—
(1) Lines 4 and 5 (amendatory
instruction C), the sentence
‘‘Redesignating paragraph (b)(5) as
(b)(6)’’ is corrected by removing the
amendatory instruction.
(2) Line 7 (amendatory instruction D),
the sentence ‘‘Adding a new paragraph
(b)(5) is corrected by removing the
amendatory instruction.
(3) Line 8 (amendatory statement E),
the phrase ‘‘In paragraphs (c)(1)(i), and
(c)(2)(i)’’ is corrected to read ‘‘In
paragraph (c)(1)(i)’’.
(4) Line 14 (after amendatory
statement E and before the phrase ‘‘The
revision and addition’’), the paragraph is
corrected by adding the following
sentence ‘‘F. In paragraph (c)(2)(i), the
phrase ‘An enrollee (including his or
her authorized representative)’; is
removed and the phrase ‘The enrollee
(including his or her representative);’ is
added in its place.’’
b. In the fourth full paragraph, the
paragraph ‘‘(5) Reduction of a previously
authorized course of treatment if the
enrollee believes that continuation of
the course of treatment is medically
necessary.’’ is corrected by removing the
paragraph.
c. In the fifth full paragraph, in the
amendatory statement for § 422.568
(statement number 38), lines 2 through
7, the sentence beginning with the
phrase ‘‘A. Redesginating paragraphs
(a)’’ through the sentence ending with
phrase ‘‘newly redesignated paragraph
(d)’’ are corrected to read as follows:
‘‘A. Redesignating paragraphs (c) and
(d) as paragraphs (d)(1) and (d)(2),
respectively.
B. Redesignating paragraphs (a) and
(b) as (b) and (c).
C. Adding a new paragraph (a).
D. Revising newly redesignated
paragraph (d).’’
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32860
Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Rules and Regulations
3. On page 19816—
a. First and second columns, second
paragraph from the bottom of the page
through the sixth full paragraph; the
paragraph beginning with the phrase
‘‘61. Section 423.100’’ through the
paragraph ending with the phrase ‘‘on
various individuals.’’ is corrected by
deleting these paragraphs.
b. In the third column, second full
paragraph, in the amendatory statement
for § 423.120 (statement number 64),
line 6 (immediately following
amendatory statement C), the paragraph
is corrected by adding the following
amendatory statement ‘‘D. Adding a new
paragraph (b)(2)(vi).’’
4. On page 19817, third column, after
the third full paragraph ((b)(1)(ix))
which ends with ‘‘* * * * *’’, the
paragraph is corrected by adding the
following paragraphs:
‘‘(2) * * *
(vi) Exceptions to paragraph (b)(2)(v)
of this section are as follows:
(A) Drug products that are rated as
therapeutically equivalent (under the
Food and Drug Administration’s most
recent publication of ‘‘Approved Drug
Products with Therapeutic Equivalence
Evaluations,’’ also known as the Orange
Book).
(B) Utilization management processes
that limit the quantity of drugs due to
safety.
(C) Other drugs that CMS specifies
through a process that is based upon
scientific evidence and medical
standards of practice (and, in the case of
antiretroviral medications, is consistent
with the Department of Health and
Human Services Guidelines for the Use
of Antiretroviral Agents in HIV–1–
Infected Adults and Adolescents) and
which permits public notice and
comment.
5. On page 19818, second column,
fifth paragraph from the bottom
(regulations text for
§ 423.153(d)(1)(vii)(B)), lines 3 and 4,
the term ‘‘comprehensive medical
review’’ is corrected to read
‘‘comprehensive medication review’’.
6. On page 19822, in the third
column, third paragraph from the
bottom of the page, in the amendatory
statement for § 423.551 (statement
number 84), line 2, the phrase ‘‘adding
a new paragraph (g) is corrected to read
‘‘revising paragraph (g).’’
Authority: Catalog of Federal Domestic
Assistance Program No. 93.773, Medicare—
Hospital Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program).
VerDate Mar<15>2010
14:02 Jun 09, 2010
Jkt 220001
Dated: June 4, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010–13923 Filed 6–7–10; 4:15 pm]
BILLING CODE 4120–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 505
[GSAR Amendment 2010–02; GSAR Case
2008–G503 (Change 45) Docket 2008–0007;
Sequence 11]
RIN 3090–AI71
General Services Administration
Acquisition Regulation; GSAR Case
2008–G503, Rewrite of GSAR Part 505,
Publicizing Contract Actions
AGENCIES: Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
SUMMARY: The General Services
Administration (GSA) is issuing a final
rule amending GSA Acquisition
Regulation (GSAR) which provides
requirements for publicizing contract
actions.
Effective Date: June 10, 2010.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Beverly
Cromer, Procurement Analyst, at (202)
501–1448. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite Amendment 2010–02,
GSAR Case 2008–G503 (Change 45).
SUPPLEMENTARY INFORMATION:
DATES:
A. Background
The GSA published a proposed rule,
with request for comments, in the
Federal Register at 73 FR 53404 on
September 16, 2008. No comments were
received in response to the proposed
rule. This rule covers the GSAR portion
of part 505. Currently, subparts 505.1,
505.2, and 505.5 are identified as
‘‘shaded’’ for regulatory coverage;
however, the agency has deemed, these
subparts as non-regulatory because the
coverage addresses internal agency
acquisition policy. These subparts have
been revised and are moved to the nonregulatory portion of the GSA
Acquisition Manual (GSAM).
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
PO 00000
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B. Regulatory Flexibility Act
The General Services Administration
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are not considered
substantive.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
GSAR do not impose recordkeeping or
information collection requirements, or
otherwise collect information from
offerors, contractors, or members of the
public that require approval of the
Office of Management and Budget under
44 U.S.C. chapter 35, et seq.
List of Subjects in 48 CFR Part 505
Government procurement.
Dated: May 17, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office
of Acquisition Policy, General Services
Administration.
Therefore, under the authority of 40
U.S.C. 121(c), GSA removes and
reserves 48 CFR part 505.
■
PART 505 [Removed and Reserved]
[FR Doc. 2010–13902 Filed 6–9–10; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 390 and 395
Regulatory Guidance Concerning the
Preparation of Drivers’ Record of Duty
Status To Document Compliance With
the Hours-of-Service Requirements
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
SUMMARY: The FMCSA announces
regulatory guidance concerning the
requirement for interstate commercial
motor vehicle (CMV) drivers to prepare,
in duplicate, a record of duty status for
each 24-hour period. FMCSA has
determined that the current requirement
may be satisfied through the preparation
of an original handwritten record, and
subsequent electronic submission to the
motor carrier of a scanned image of the
original record; the driver would retain
the original while the carrier maintains
the electronic scanned electronic image
along with any supporting documents.
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]]>Agencies
[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Rules and Regulations]
[Pages 32858-32860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13923]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, 423, and 480
[CMS-4085-CN]
RIN 0938-AP77
Medicare Program; Policy and Technical Changes to the Medicare
Advantage and the Medicare Prescription Drug Benefit Programs;
Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the April 15, 2010 Federal Register
entitled ``Medicare Program; Policy and Technical Changes to the
Medicare Advantage and the Medicare Prescription Drug Benefit
Programs.''
DATES: Effective Date: This correction notice is effective June 7,
2010.
FOR FURTHER INFORMATION CONTACT: Alissa Deboy, (410) 786-6041.
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule entitled ``Medicare Program; Policy and Technical
Changes to the Medicare Advantage and the Medicare Prescription Drug
Benefit Programs'' which appeared in the April 15, 2010 Federal
Register (FR Doc. 2010-7966, (75 FR 19678)), there were technical and
typographical errors that are identified and corrected in the
Correction of Errors section below. The provisions in this correction
notice are effective as if they had been included in the document that
appeared in the April 15, 2010 Federal Register. Accordingly, the
corrections are effective June 7, 2010.
II. Summary of Errors
On page 19752, in our preamble discussion regarding risk adjustment
data validation (RADV) appeals and the addition of Medicare Advantage
(MA) organization RADV--dispute and appeal procedures we made
typographical errors in two regulatory citations and we correct these
errors in section IV.A.1. of this correction notice. In addition, on
page 19809 in the regulations text for the RADV provisions, we
inadvertently designated two paragraphs as Sec. 422.311(c)(iii)(C). We
are correcting this error in section IV.B.l. of this correction notice.
In our preamble discussion of criteria and procedures for
identifying ``protected classes'' of drugs within which all covered
Part D drugs must be included in Part D formularies (75 FR 19767), we
indicated that we would not finalize in regulations (Sec. 423.100) our
proposed definitions used to interpret the section 176 of Medicare
Improvements for Patients and Providers Act of 2008 (MIPPA) criteria
(that is, the definitions for the terms, ``drug category or class,''
``major or life threatening clinical consequences,'' ``restricted
access,'' and ``significant need for access to multiple drugs'').
However, we indicated that we would finalize our proposed regulations
text regarding the exceptions criteria (Sec. 423.120(b)(2)(iv)).
Therefore, in section IV.B.3. and 4. of this correction notice, we
correct these errors by removing the proposed definitions inadvertently
published for Sec. 423.100 and adding the exceptions criteria that
were inadvertently omitted from Sec. 423.120(b).
[[Page 32859]]
On page 19812, we presented our regulatory changes to Sec. 422.566
and Sec. 422.568 regarding organization determinations. We made errors
in the amendatory statements for the regulations text of these sections
regarding the redesigination of paragraphs. We are also correcting an
technical error in Sec. 422.566(c)(2)(i) (changing ``A'' to ``The'')
to ensure consistency between paragraphs (c)(1)(i) and (c)(2)(i). In
section IV.B.2 of this correction notice, we correct these errors.
On page 19822, we presented our regulatory changes to Sec. 423.551
regarding changes in ownership during a PDP term of contract. In
presenting these regulatory changes, we indicated that we were adding a
new paragraph (g) instead of indicating that we were revising the
existing paragraph (g). In section IV.B.5. of this correction notice,
we correct this error.
In our acronyms list and in the preamble discussion and regulations
text regarding medication therapy management programs under Part D, we
erroneously used the term ``comprehensive medical review'' instead of
``comprehensive medication review.'' Therefore, in section IV. A.2, 4.
and 5. and B.5. of this correction notice we are correcting these
errors. In addition, we inadvertently listed the acronym for
comprehensive medical reviews (CMR) twice. We also correct the
erroneous listing of the acronym in section IV.A.1. of this correction
notice.
III. Waiver of Proposed Rulemaking and Waiver of the 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)). In addition,
section 553(d) of the APA (5 U.S.C. 553(b)) ordinarily requires a 30-
day delay in effect date of final rules after the date of their
publication in the Federal Register. However, we can waive both the
notice and comment procedure and the 30-day delay in effective date 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.
This document merely corrects typographical and technical errors
made in the Policy and Technical Changes to the Medicare Advantage and
the Medicare Prescription Drug Benefit Programs final rule (FR. Doc.
2010-7966) which appeared in the April 15, 2010 Federal Register and
will be effective on June 7, 2010. The provisions of the final rule
have been subjected previously to notice and comment procedures. The
corrections contained in this document are consistent with and do not
make substantive changes to, the policies adopted in the final rule.
Therefore, we find it unnecessary to undertake further notice and
comment procedures with respect to this correction notice. We also
believe it is in the public interest to waive notice and comment
procedures and the 30-day delay in effective date for this notice. This
correction notice is intended to ensure that the final rule accurately
describes the policies being adopted in the final rule, and that
correct information is made available to the public prior to June 7,
2010, the date on which the final rule becomes effective.
For the reasons stated above, we find that both notice and comment
and the 30-day delay in effective date for this correction notice are
unnecessary, and that it is in the public interest to make this notice
effective in conjunction with the final rule to which the corrections
apply. Therefore, we find there is good cause to waive notice and
comment procedures and the 30-day delay in effective date for this
correction notice.
IV. Correction of Errors
In FR Doc. 2010-7966 of April 15, 2010, (75 FR 19678), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 19679, third column, second line from the bottom, the
acronym and term ``CMR Comprehensive Medical Review'' is corrected by
deleting the acronym and term.
2. On page 19680, first column, top of the page, line 1, the term
for the acronym CMR, ``Comprehensive Medical Review'' is corrected to
read ``Comprehensive Medication Review''.
3. On page 19752--
a. In the first column, last paragraph, line 1, the citation Sec.
422.311(c)(2)(v) is corrected to read ``Sec. 422.311(c)(2)(ix)''.
b. In the second column, first partial paragraph, line 5, the
citation Sec. 422.311(c)(2)(vi) is corrected to read ``Sec.
422.311(c)(2)(x)''.
4. On page 19773, in the second column, first full paragraph, line
5, the term ``comprehensive medical review'' is corrected to read
``comprehensive medication review''.
5. On page 19793, first column--
a. Second full paragraph, lines 8 and 9, the term ``comprehensive
medical review'' is corrected to read ``comprehensive medication
review''.
b. Last paragraph--
(1) Lines 4 and 5, the term ``medical reviews'' is corrected to
read ``medication reviews''.
(2) Line 6, the term ``medical review'' is corrected to read
``medication review''.
B. Correction of Errors in the Regulations Text
1. On page 19809, in the first column, second full paragraph, line
1, the paragraph designation ``(C)'' is corrected to read ``(D)''.
2. On page 19812, in the second column--
a. In the first full paragraph, in the amendatory statement for
Sec. 422.566 (statement number 37)--
(1) Lines 4 and 5 (amendatory instruction C), the sentence
``Redesignating paragraph (b)(5) as (b)(6)'' is corrected by removing
the amendatory instruction.
(2) Line 7 (amendatory instruction D), the sentence ``Adding a new
paragraph (b)(5) is corrected by removing the amendatory instruction.
(3) Line 8 (amendatory statement E), the phrase ``In paragraphs
(c)(1)(i), and (c)(2)(i)'' is corrected to read ``In paragraph
(c)(1)(i)''.
(4) Line 14 (after amendatory statement E and before the phrase
``The revision and addition''), the paragraph is corrected by adding
the following sentence ``F. In paragraph (c)(2)(i), the phrase `An
enrollee (including his or her authorized representative)'; is removed
and the phrase `The enrollee (including his or her representative);' is
added in its place.''
b. In the fourth full paragraph, the paragraph ``(5) Reduction of a
previously authorized course of treatment if the enrollee believes that
continuation of the course of treatment is medically necessary.'' is
corrected by removing the paragraph.
c. In the fifth full paragraph, in the amendatory statement for
Sec. 422.568 (statement number 38), lines 2 through 7, the sentence
beginning with the phrase ``A. Redesginating paragraphs (a)'' through
the sentence ending with phrase ``newly redesignated paragraph (d)''
are corrected to read as follows:
``A. Redesignating paragraphs (c) and (d) as paragraphs (d)(1) and
(d)(2), respectively.
B. Redesignating paragraphs (a) and (b) as (b) and (c).
C. Adding a new paragraph (a).
D. Revising newly redesignated paragraph (d).''
[[Page 32860]]
3. On page 19816--
a. First and second columns, second paragraph from the bottom of
the page through the sixth full paragraph; the paragraph beginning with
the phrase ``61. Section 423.100'' through the paragraph ending with
the phrase ``on various individuals.'' is corrected by deleting these
paragraphs.
b. In the third column, second full paragraph, in the amendatory
statement for Sec. 423.120 (statement number 64), line 6 (immediately
following amendatory statement C), the paragraph is corrected by adding
the following amendatory statement ``D. Adding a new paragraph
(b)(2)(vi).''
4. On page 19817, third column, after the third full paragraph
((b)(1)(ix)) which ends with ``* * * * *'', the paragraph is corrected
by adding the following paragraphs:
``(2) * * *
(vi) Exceptions to paragraph (b)(2)(v) of this section are as
follows:
(A) Drug products that are rated as therapeutically equivalent
(under the Food and Drug Administration's most recent publication of
``Approved Drug Products with Therapeutic Equivalence Evaluations,''
also known as the Orange Book).
(B) Utilization management processes that limit the quantity of
drugs due to safety.
(C) Other drugs that CMS specifies through a process that is based
upon scientific evidence and medical standards of practice (and, in the
case of antiretroviral medications, is consistent with the Department
of Health and Human Services Guidelines for the Use of Antiretroviral
Agents in HIV-1-Infected Adults and Adolescents) and which permits
public notice and comment.
5. On page 19818, second column, fifth paragraph from the bottom
(regulations text for Sec. 423.153(d)(1)(vii)(B)), lines 3 and 4, the
term ``comprehensive medical review'' is corrected to read
``comprehensive medication review''.
6. On page 19822, in the third column, third paragraph from the
bottom of the page, in the amendatory statement for Sec. 423.551
(statement number 84), line 2, the phrase ``adding a new paragraph (g)
is corrected to read ``revising paragraph (g).''
Authority: Catalog of Federal Domestic Assistance Program No.
93.773, Medicare--Hospital Insurance; and Program No. 93.774,
Medicare--Supplementary Medical Insurance Program).
Dated: June 4, 2010.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2010-13923 Filed 6-7-10; 4:15 pm]
BILLING CODE 4120-01-P
