Amendments to Regulations Regarding Eligibility for a Medicare Prescription Drug Subsidy, 2446-2448 [2012-827]
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
(2) Boeing Service Bulletin 767–28A0085,
Revision 1, dated June 25, 2009.
(3) Boeing Alert Service Bulletin 767–
28A0083, dated May 3, 2006.
(4) Boeing Service Bulletin 767–28A0083,
Revision 1, dated April 26, 2007.
(5) Boeing Alert Service Bulletin 767–
28A0084, dated May 3, 2006.
(o) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
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(p) Related Information
For more information about this AD,
contact Elias Natsiopoulos, Aerospace
Engineer, Systems and Equipment Branch,
ANM–130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6478; fax (425) 917–6590; email
elias.natsiopoulos@faa.gov.
(q) Material Incorporated by Reference
(1) You must use the following service
information to do the actions required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
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following service information under 5 U.S.C.
552(a) and 1 CFR part 51 on the date
specified:
(i) Boeing Service Bulletin 767–28–0034,
Revision 3, dated March 14, 1996, approved
for IBR February 22, 2012.
(ii) Boeing Service Bulletin 767–28A0083,
Revision 2, dated February 12, 2009,
approved for IBR September 9, 2009 (74 FR
38905, August 5, 2009).
(iii) Boeing Service Bulletin 767–28A0084,
Revision 1, dated April 26, 2007, approved
for IBR September 9, 2009 (74 FR 38905,
August 5, 2009).
(iv) Boeing Service Bulletin 767–28A0085,
Revision 2, dated August 19, 2010, approved
for IBR February 22, 2012.
(v) Section 9 of Boeing 767 Maintenance
Planning Data Document, D622T001–9,
Revision April 2008, approved for IBR
January 12, 2010 (74 FR 68515, December 28,
2009).
(vi) Section 9 of Boeing 767 Maintenance
Planning Data Document, D622T001–9,
Revision March 2009, approved for IBR
February 22, 2012.
(vii) Section 9 of Boeing 767 Maintenance
Planning Data Document, D622T001–9,
Revision May 2009, approved for IBR January
12, 2010 (74 FR 68515, December 28, 2009).
(viii) Section 9 of Boeing 767 Maintenance
Planning Data Document, D622T001–9,
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15:39 Jan 17, 2012
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Revision May 2010, approved for IBR
February 22, 2012.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
(206) 544–5000, extension 1; fax (206) 766–
5680; email me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
(3) You may review copies of the
referenced service information at the FAA,
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Avenue SW., Renton, Washington. For
information on the availability of this
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ibr_locations.html.
Issued in Renton, Washington, on
November 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–468 Filed 1–17–12; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 418
[Docket No. SSA–2010–0033]
RIN 0960–AH24
Amendments to Regulations
Regarding Eligibility for a Medicare
Prescription Drug Subsidy
Social Security Administration.
Final rule.
AGENCY:
ACTION:
This final rule adopts,
without change, the interim final rule
with request for comments we
published in the Federal Register on
December 29, 2010. The interim final
rule incorporated changes to the
Medicare prescription drug coverage
low-income subsidy (Extra Help)
program made by the Patient Protection
and Affordable Care Act (Affordable
Care Act) enacted in March 2010. Under
our interpretation of section 3304 of the
Affordable Care Act, if the death of a
beneficiary’s spouse would decrease or
eliminate the subsidy provided by the
Extra Help program, we will extend the
effective period of eligibility for the
most recent determination or
redetermination until one year after the
month following the month we are
notified of the death of the spouse. The
effective date of this provision was
January 1, 2011. We also revised our
SUMMARY:
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regulations to incorporate changes made
by the Medicare Improvements for
Patients and Providers Act of 2008
(MIPPA) which affect the way we
account for income and resources when
determining eligibility for the Extra
Help program. The statute provides that
we no longer count the value of any life
insurance policy as a resource for Extra
Help effective on and after January 1,
2010. As of that date, we also no longer
count as income the help a beneficiary
receives when someone else provides
food and shelter, or pays household
bills for food, mortgage, rent, electricity,
water, property taxes, or heating fuel or
gas. These revisions updated our rules
to reflect these statutory changes.
DATES: The interim final rule with
request for comments published on
December 29, 2010, is confirmed as final
effective January 18, 2012.
FOR FURTHER INFORMATION CONTACT:
Craig Streett, Office of Income Security
Programs, Social Security
Administration, 2–R–24 Operations
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
9793. For information on eligibility or
filing for benefits, call our national tollfree number, 1–(800) 772–1213 or TTY
1–(800) 325–0778, or visit our Internet
site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule adopts, without
change, the interim final rule with
request for comments we published in
the Federal Register on December 29,
2010, at 75 FR 81843. The interim final
rule changed the way we account for
income and resources when
determining eligibility for the subsidy
provided by the Extra Help program,
and removed certain items from those
we will count as income and resources.
In addition, the interim final rule
extended the effective date of a
determination or redetermination of an
Extra Help subsidy when there is a
death of a spouse.
Medicare prescription drug coverage
is a voluntary program that covers
various prescription drugs. The
regulations and requirements for the
program are codified in 42 CFR part
423. The Centers for Medicare &
Medicaid Services (CMS) promulgates
rules and regulations concerning the
Medicare program. Anyone who meets
the requirements listed in 42 CFR
423.30(a) can enroll in Medicare
prescription drug coverage. Medicare
prescription drug coverage beneficiaries
are generally responsible for
deductibles, cost-sharing, and monthly
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18JAR1
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
premiums towards the cost of covered
prescriptions.
Beneficiaries with Medicare
prescription drug coverage who have
limited income and resources may
qualify for Extra Help with their
monthly premiums, deductibles, and
cost-sharing for Medicare prescription
drug coverage. To qualify for Extra Help,
a Medicare beneficiary must reside in
one of the fifty states or the District of
Columbia and must have resources and
income within specific limits.
Congress enacted MIPPA in July of
2008.1 Section 116 of MIPPA exempts
certain items from income and resources
determinations of Extra Help eligibility
on or after January 1, 2010. We apply
these exemptions to applications filed
and redeterminations initiated on or
after January 1, 2010. The items
exempted under section 116 are the
value of life insurance and in-kind
support and maintenance.
To implement these requirements of
MIPPA, we issued guidance in August
2009 and discontinued counting these
exempted items for applications and
redeterminations in accordance with the
requirements of the statute.
Accordingly, we no longer count as
income the help a beneficiary receives
when someone else provides food and
shelter, or pays for food, mortgage, rent,
heating fuel, gas, electricity, water, or
property taxes. To reflect these statutory
exemptions, we revised sections
418.3335(b) and 418.3350 and deleted
section 418.3345 of our regulations in
the interim final rule that we published
in December 2010.
In March 2010, Congress passed the
Affordable Care Act, which extends the
effective date of a determination or
redetermination of an Extra Help
subsidy due to the death of a spouse.2
In our previous rules, any adjustment in
the amount of Extra Help the beneficiary
receives was effective the month after
the month in which we are notified of
the death of a spouse. In some cases, the
death of a spouse would result in a
decrease in the amount of Extra Help or
loss of Extra Help eligibility for the
beneficiary.
Effective January 1, 2011, if the death
of the spouse would decrease or
eliminate the subsidy provided by the
Extra Help program, we extend the
effective period for a determination or
redetermination until one year after the
date on which it would otherwise cease
to be effective—that is, the month after
1 Medicare Improvements for Patients and
Providers Act of 2008, Public Law 110–275, 122
Stat. 2494 (2008).
2 The Patient Protection and Affordable Care Act,
Public Law 111–148 § 3304.
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15:39 Jan 17, 2012
Jkt 226001
the month we are notified of the death
of the spouse. In order to reflect the
changes made by the Affordable Care
Act, we revised sections 418.3120 and
418.3123 of our regulations.
Prior to the publication of our interim
rule, our regulations at 418.3350(b)
stated that we did not count as income
the unearned income described in
sections 416.1124(b), (c)(1) through
(c)(12), and (c)(14) through (c)(21).
Those rules omitted a reference to
paragraph 416.1124(c)(22) that we
added after the publication of section
418.3350 in December 2005. We
updated the reference in section
418.3350 to correct this omission. This
was a technical change only and did not
affect the substance of our rules.
Public Comments
On December 29, 2010, we published
an interim final rule with request for
comments in the Federal Register at 75
FR 81843 and provided a sixty-day
comment period. We received five
comments. We carefully considered the
concerns expressed in these comments
but did not make any changes to the
final rule.
We summarized the commenters’
views and responded to the significant
issues raised that are within the scope
of the interim final rule.
Comment: A commenter expressed
gratitude for the cessation of counting as
income the help low-income subsidy
recipients receive when someone else
pays household bills.
Response: We appreciate the
comment and value the public’s input
on regulatory changes. Changes in the
Medicare Improvements for Patients and
Providers Act of 2008 have made it
easier for people to qualify for Extra
Help with their Medicare prescription
drug plan costs.
Comment: An organization expressed
support for our efforts to expand
eligibility for low-income subsidy and
would like the expansion efforts to go
further. The organization believes it
would be appropriate to eliminate the
asset test (resource limits) for Extra Help
with Medicare prescription drug plan
costs. The organization stated that the
Extra Help asset test is highly
restrictive, preventing millions of lowincome Part D enrollees from benefiting
from Extra Help, and unnecessarily
complicates the application process,
potentially discouraging qualified
enrollees from applying to the program.
The organization also stated that an
asset test is inappropriate for Medicare
beneficiaries, as Americans should be
encouraged to save for retirement.
Response: We cannot adopt this
comment because the resources
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2447
eligibility standards for the Extra Help
program are statutory. Elimination or
adjustment to statutory requirements is
beyond the scope of these regulations.
Comment: An organization expressed
concern about contacting the surviving
spouse of a low-income subsidy eligible
couple when we determine that we will
defer the redetermination for one year.
The organization believes this
correspondence may cause unnecessary
anxiety to the widow/widower.
Response: We are unable to adopt this
suggestion. The death of a spouse is a
subsidy-changing event (SCE). We send
a redetermination form whenever an
SCE report is received as required in 20
CFR 418.3120(b)(1). We use the
information to determine if the event
will affect the Extra Help subsidy. In
some cases, contact with the widow/
widower will result in an increase in the
Extra Help subsidy. If the subsidy
decreases, we will extend the effective
period of the determination or
redetermination for at least one year
from the spouse’s death.
Comment: An organization believes
that we should provide a more
comprehensive definition of ‘‘in-kind
support and maintenance’’ in 20 CFR
418.3335, either by providing examples
or referencing the appropriate link.
Response: We cannot adopt this
comment at this time because it is not
within the scope of the present
regulatory change, which is based on
statutory changes. However, we agree
that a more comprehensive definition of
‘‘in-kind support and maintenance’’
may be appropriate in 20 CFR
418.3335(b). We will consider
publishing a separate Notice of
Proposed Rulemaking to add a sentence
to the end of § 418.3335(b) explaining
that ’’Shelter includes room, rent,
mortgage payments, real property taxes,
heating fuel, gas, electricity, water,
sewerage, and garbage collection
services.’’
Comment: An organization asked us
to consider clarifying that life insurance
refers to the cash surrender value of the
life insurance that is under 20 CFR
418.3425.
Response: We are unable to adopt this
suggestion because the statutory
exclusion is not limited to the cash
surrender value of life insurance. ‘‘No
part of the value of any life insurance
policy shall be taken into account’’ in
determining the resources of an
individual and the eligible spouse of the
individual.3
3 Medicare Improvements for Patients and
Providers Act of 2008, Public Law 110–275, 122
Stat. 2494 (2008).
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
Accordingly, the interim final rule
remains unchanged and we are adopting
it as final.
Regulatory Procedures
[Docket No. USCG–2011–0785]
RIN 1625–AA08
We consulted with the Office of
Management and Budget (OMB) and
determined that this final rule meets the
criteria for a significant regulatory
action under Executive Order 12866 as
supplemented by Executive Order
13563. Thus, OMB reviewed the final
rule.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small
entities, because they affect individuals
only. Therefore, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or
affect any existing collections and,
therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program Nos. 93.770, Medicare Prescription
Drug Coverage; 96.002 Social Security—
Retirement Insurance.)
List of Subjects in 20 CFR Part 418
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs,
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI), Medicare subsidies.
Michael J. Astrue,
Commissioner of Social Security.
Accordingly, the interim rule
amending 20 CFR chapter III, part 418,
subpart D that was published at 75 FR
81843 on December 29, 2010, is adopted
as a final rule without change.
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BILLING CODE 4191–02–P
Coast Guard
33 CFR Part 100
Executive Order 12866 as
Supplemented by Executive Order
13563
[FR Doc. 2012–827 Filed 1–17–12; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Special Local Regulation; HITS
Triathlon; Corpus Christi Bayfront,
Corpus Christi, TX
Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary Special Local
Regulation in the Corpus Christi
Bayfront area within the Corpus Christi,
TX Captain of the Port Zone. This
Special Local Regulation will restrict
vessels from portions of the Corpus
Christi Bayfront area during the HITS
Triathlon on February 18th and 19th,
2012. This Special Local Regulation is
necessary to ensure the safety of HITS
Triathlon participants and protect them
from the hazard of vessel traffic in the
area.
DATES: This regulation will be effective
on February 18, 2012 through February
19, 2012. This regulation will be
enforced on February 18, 2012 from
6:45 a.m. to 8:15 a.m. and 11:45 a.m. to
1:15 p.m., and on February 19, 2012
from 6:45 a.m. to 9:45 a.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0785 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0785 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email the United States
Coast Guard Sector Corpus Christi’s
Waterways Management Division;
telephone (361) 888–3162, email D08DG-SecCorpusChristi-Prev-PMDWWM@uscg.mil. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
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15:39 Jan 17, 2012
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b) (B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast
Guard received notice and application
for this event on or about August 15,
2011. The Coast Guard reviewed the
planned event and determined that a
special local regulation is needed to
protect event participants from the
possible hazards associated with local
boat traffic in the area, but that
determination was not completed in
time for a Notice of Proposed
Rulemaking to be prepares and
comments to be received. Delaying or
foregoing this rule to publish a NPRM
would unnecessarily interfere with the
contractual obligations that may be
involved with the event and would
forego the safety measures necessary to
protect the event participants. The
public interest in holding this event as
scheduled outweighs the chance that
this temporary rule will interfere with
vessel traffic in a meaningful way. This
rule does provide a full 30-day period
before its effective date.
Basis and Purpose
On February 18 and 19, 2012 the
HITS triathlon will take place near and
in the Corpus Christi Bayfront area. This
temporary special local regulation is
necessary to ensure the safety of HITS
Triathlon participants and protect them
from the possible hazards associated
vessel traffic inside the waters of the
Corpus Christi Bayfront area during this
event.
Discussion of the Rule
This special local regulation is
intended to restrict vessel traffic from a
portion of the Corpus Christi Bayfront
area for the swim portion of the
triathlon. The size of the zone was
determined by natural barriers on all 4
sides of the race course and local
knowledge about wind, waves, and
currents in this particular area.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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]]>Agencies
[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2446-2448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-827]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 418
[Docket No. SSA-2010-0033]
RIN 0960-AH24
Amendments to Regulations Regarding Eligibility for a Medicare
Prescription Drug Subsidy
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts, without change, the interim final rule
with request for comments we published in the Federal Register on
December 29, 2010. The interim final rule incorporated changes to the
Medicare prescription drug coverage low-income subsidy (Extra Help)
program made by the Patient Protection and Affordable Care Act
(Affordable Care Act) enacted in March 2010. Under our interpretation
of section 3304 of the Affordable Care Act, if the death of a
beneficiary's spouse would decrease or eliminate the subsidy provided
by the Extra Help program, we will extend the effective period of
eligibility for the most recent determination or redetermination until
one year after the month following the month we are notified of the
death of the spouse. The effective date of this provision was January
1, 2011. We also revised our regulations to incorporate changes made by
the Medicare Improvements for Patients and Providers Act of 2008
(MIPPA) which affect the way we account for income and resources when
determining eligibility for the Extra Help program. The statute
provides that we no longer count the value of any life insurance policy
as a resource for Extra Help effective on and after January 1, 2010. As
of that date, we also no longer count as income the help a beneficiary
receives when someone else provides food and shelter, or pays household
bills for food, mortgage, rent, electricity, water, property taxes, or
heating fuel or gas. These revisions updated our rules to reflect these
statutory changes.
DATES: The interim final rule with request for comments published on
December 29, 2010, is confirmed as final effective January 18, 2012.
FOR FURTHER INFORMATION CONTACT: Craig Streett, Office of Income
Security Programs, Social Security Administration, 2-R-24 Operations
Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-
9793. For information on eligibility or filing for benefits, call our
national toll-free number, 1-(800) 772-1213 or TTY 1-(800) 325-0778, or
visit our Internet site, Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule adopts, without change, the interim final rule with
request for comments we published in the Federal Register on December
29, 2010, at 75 FR 81843. The interim final rule changed the way we
account for income and resources when determining eligibility for the
subsidy provided by the Extra Help program, and removed certain items
from those we will count as income and resources. In addition, the
interim final rule extended the effective date of a determination or
redetermination of an Extra Help subsidy when there is a death of a
spouse.
Medicare prescription drug coverage is a voluntary program that
covers various prescription drugs. The regulations and requirements for
the program are codified in 42 CFR part 423. The Centers for Medicare &
Medicaid Services (CMS) promulgates rules and regulations concerning
the Medicare program. Anyone who meets the requirements listed in 42
CFR 423.30(a) can enroll in Medicare prescription drug coverage.
Medicare prescription drug coverage beneficiaries are generally
responsible for deductibles, cost-sharing, and monthly
[[Page 2447]]
premiums towards the cost of covered prescriptions.
Beneficiaries with Medicare prescription drug coverage who have
limited income and resources may qualify for Extra Help with their
monthly premiums, deductibles, and cost-sharing for Medicare
prescription drug coverage. To qualify for Extra Help, a Medicare
beneficiary must reside in one of the fifty states or the District of
Columbia and must have resources and income within specific limits.
Congress enacted MIPPA in July of 2008.\1\ Section 116 of MIPPA
exempts certain items from income and resources determinations of Extra
Help eligibility on or after January 1, 2010. We apply these exemptions
to applications filed and redeterminations initiated on or after
January 1, 2010. The items exempted under section 116 are the value of
life insurance and in-kind support and maintenance.
---------------------------------------------------------------------------
\1\ Medicare Improvements for Patients and Providers Act of
2008, Public Law 110-275, 122 Stat. 2494 (2008).
---------------------------------------------------------------------------
To implement these requirements of MIPPA, we issued guidance in
August 2009 and discontinued counting these exempted items for
applications and redeterminations in accordance with the requirements
of the statute. Accordingly, we no longer count as income the help a
beneficiary receives when someone else provides food and shelter, or
pays for food, mortgage, rent, heating fuel, gas, electricity, water,
or property taxes. To reflect these statutory exemptions, we revised
sections 418.3335(b) and 418.3350 and deleted section 418.3345 of our
regulations in the interim final rule that we published in December
2010.
In March 2010, Congress passed the Affordable Care Act, which
extends the effective date of a determination or redetermination of an
Extra Help subsidy due to the death of a spouse.\2\ In our previous
rules, any adjustment in the amount of Extra Help the beneficiary
receives was effective the month after the month in which we are
notified of the death of a spouse. In some cases, the death of a spouse
would result in a decrease in the amount of Extra Help or loss of Extra
Help eligibility for the beneficiary.
---------------------------------------------------------------------------
\2\ The Patient Protection and Affordable Care Act, Public Law
111-148 Sec. 3304.
---------------------------------------------------------------------------
Effective January 1, 2011, if the death of the spouse would
decrease or eliminate the subsidy provided by the Extra Help program,
we extend the effective period for a determination or redetermination
until one year after the date on which it would otherwise cease to be
effective--that is, the month after the month we are notified of the
death of the spouse. In order to reflect the changes made by the
Affordable Care Act, we revised sections 418.3120 and 418.3123 of our
regulations.
Prior to the publication of our interim rule, our regulations at
418.3350(b) stated that we did not count as income the unearned income
described in sections 416.1124(b), (c)(1) through (c)(12), and (c)(14)
through (c)(21). Those rules omitted a reference to paragraph
416.1124(c)(22) that we added after the publication of section 418.3350
in December 2005. We updated the reference in section 418.3350 to
correct this omission. This was a technical change only and did not
affect the substance of our rules.
Public Comments
On December 29, 2010, we published an interim final rule with
request for comments in the Federal Register at 75 FR 81843 and
provided a sixty-day comment period. We received five comments. We
carefully considered the concerns expressed in these comments but did
not make any changes to the final rule.
We summarized the commenters' views and responded to the
significant issues raised that are within the scope of the interim
final rule.
Comment: A commenter expressed gratitude for the cessation of
counting as income the help low-income subsidy recipients receive when
someone else pays household bills.
Response: We appreciate the comment and value the public's input on
regulatory changes. Changes in the Medicare Improvements for Patients
and Providers Act of 2008 have made it easier for people to qualify for
Extra Help with their Medicare prescription drug plan costs.
Comment: An organization expressed support for our efforts to
expand eligibility for low-income subsidy and would like the expansion
efforts to go further. The organization believes it would be
appropriate to eliminate the asset test (resource limits) for Extra
Help with Medicare prescription drug plan costs. The organization
stated that the Extra Help asset test is highly restrictive, preventing
millions of low-income Part D enrollees from benefiting from Extra
Help, and unnecessarily complicates the application process,
potentially discouraging qualified enrollees from applying to the
program. The organization also stated that an asset test is
inappropriate for Medicare beneficiaries, as Americans should be
encouraged to save for retirement.
Response: We cannot adopt this comment because the resources
eligibility standards for the Extra Help program are statutory.
Elimination or adjustment to statutory requirements is beyond the scope
of these regulations.
Comment: An organization expressed concern about contacting the
surviving spouse of a low-income subsidy eligible couple when we
determine that we will defer the redetermination for one year. The
organization believes this correspondence may cause unnecessary anxiety
to the widow/widower.
Response: We are unable to adopt this suggestion. The death of a
spouse is a subsidy-changing event (SCE). We send a redetermination
form whenever an SCE report is received as required in 20 CFR
418.3120(b)(1). We use the information to determine if the event will
affect the Extra Help subsidy. In some cases, contact with the widow/
widower will result in an increase in the Extra Help subsidy. If the
subsidy decreases, we will extend the effective period of the
determination or redetermination for at least one year from the
spouse's death.
Comment: An organization believes that we should provide a more
comprehensive definition of ``in-kind support and maintenance'' in 20
CFR 418.3335, either by providing examples or referencing the
appropriate link.
Response: We cannot adopt this comment at this time because it is
not within the scope of the present regulatory change, which is based
on statutory changes. However, we agree that a more comprehensive
definition of ``in-kind support and maintenance'' may be appropriate in
20 CFR 418.3335(b). We will consider publishing a separate Notice of
Proposed Rulemaking to add a sentence to the end of Sec. 418.3335(b)
explaining that ''Shelter includes room, rent, mortgage payments, real
property taxes, heating fuel, gas, electricity, water, sewerage, and
garbage collection services.''
Comment: An organization asked us to consider clarifying that life
insurance refers to the cash surrender value of the life insurance that
is under 20 CFR 418.3425.
Response: We are unable to adopt this suggestion because the
statutory exclusion is not limited to the cash surrender value of life
insurance. ``No part of the value of any life insurance policy shall be
taken into account'' in determining the resources of an individual and
the eligible spouse of the individual.\3\
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\3\ Medicare Improvements for Patients and Providers Act of
2008, Public Law 110-275, 122 Stat. 2494 (2008).
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[[Page 2448]]
Accordingly, the interim final rule remains unchanged and we are
adopting it as final.
Regulatory Procedures
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule meets the criteria for a significant
regulatory action under Executive Order 12866 as supplemented by
Executive Order 13563. Thus, OMB reviewed the final rule.
Regulatory Flexibility Act
We certify that these final rules will not have a significant
economic impact on a substantial number of small entities, because they
affect individuals only. Therefore, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 93.770,
Medicare Prescription Drug Coverage; 96.002 Social Security--
Retirement Insurance.)
List of Subjects in 20 CFR Part 418
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI), Medicare subsidies.
Michael J. Astrue,
Commissioner of Social Security.
Accordingly, the interim rule amending 20 CFR chapter III, part
418, subpart D that was published at 75 FR 81843 on December 29, 2010,
is adopted as a final rule without change.
[FR Doc. 2012-827 Filed 1-17-12; 8:45 am]
BILLING CODE 4191-02-P
