Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers; Correction, 31513-31515 [2012-12914]
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations
outpatient hospital services to
individuals with no source of third
party coverage for the hospital services
they receive.
(i) The amount should be the result of
subtracting paragraphs (c)(12) and
(c)(13), from paragraph (c)(14) of this
section.
(ii) The uncompensated care costs of
providing physician services to the
uninsured cannot be included in this
amount.
(iii) The uninsured uncompensated
amount also cannot include amounts
associated with unpaid co-pays or
deductibles for individuals with third
party coverage for the inpatient and/or
outpatient hospital services they receive
or any other unreimbursed costs
associated with inpatient and/or
outpatient hospital services provided to
individuals with those services in their
third party coverage benefit package.
(iv) The uncompensated care costs do
not include bad debt or payer discounts
related to services furnished to
individuals who have health insurance
or other third party payer.
*
*
*
*
*
§ 447.321
Donations); and § 447.207 of this
chapter (Retention of Payments) apply
to State’s CHIP programs in the same
manner as they apply to State’s
Medicaid programs.
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
Dated: April 18, 2012.
Marilyn Tavenner,
Acting Administrator, Centers for Medicare
& Medicaid Services.
Approved: May 8, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–12637 Filed 5–25–12; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Parts 155, 156, and 157
[CMS–9989–CN]
RIN 0938–AQ67
Patient Protection and Affordable Care
Act; Establishment of Exchanges and
Qualified Health Plans; Exchange
Standards for Employers; Correction
[Amended]
20. Section 447.321 is amended by
removing paragraphs (e) and (f).
■
Department of Health and
Human Services.
ACTION: Final rule; correction.
AGENCY:
PART 457—ALLOTMENTS AND
GRANTS TO STATES
21. The authority citation for part 457
continues as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
§ 457.210
■
22. Section 457.210 is removed.
§ 457.212
■
[Removed]
[Removed]
23. Section 457.212 is removed.
§ 457.218
[Removed]
24. Section 457.218 is removed.
■ 25. Section 457.628 is amended by
revising paragraph (a) to read as follows:
■
§ 457.628 Other applicable Federal
regulations.
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*
*
*
*
*
(a) HHS regulations in § 433.312
through § 433.322 of this chapter
(related to Overpayments); § 433.38 of
this chapter (Interest charge on
disallowed claims of FFP); § 430.40
through § 430.42 of this chapter
(Deferral of claims for FFP and
Disallowance of claims for FFP);
§ 430.48 of this chapter (Repayment of
Federal funds by installments); § 433.50
through § 433.74 of this chapter (sources
of non-Federal share and Health CareRelated Taxes and Provider Related
VerDate Mar<15>2010
14:08 May 25, 2012
Jkt 226001
This document corrects
technical and typographical errors that
appeared in the final rule, interim final
rule, published in the Federal Register
on March 27, 2012, entitled ‘‘Patient
Protection and Affordable Care Act;
Establishment of Exchanges and
Qualified Health Plans; Exchange
Standards for Employers.’’
DATES: Effective Date: These corrections
are effective on May 29, 2012.
FOR FURTHER INFORMATION CONTACT:
Alissa DeBoy, (301) 492–4428.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2012–6125 of March 27,
2012, (77 FR 18310) 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 published on
March 27, 2012. Accordingly, the
corrections are effective on May 29,
2012.
II. Summary of Errors
On page 18327, in the preamble
discussion of standards for consumer
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31513
assistance tools, there are errors in
references to the regulations text. The
cross references to § 155.200(a) and
§ 155.200(b) are incorrect, and are being
corrected to read § 155.205(a) and
§ 155.205(b), respectively, which are the
provisions discussing the Exchange call
center and Web site.
On page 18331, the preamble explains
that Exchanges cannot require
Navigators to have agent and broker
licenses. However, one sentence implies
that any licensure standards for
Navigators would cause Navigators to be
agents and brokers, which is inaccurate.
The sentence also incorrectly implies
that establishing any licensure
standards would not be allowed, which
would conflict with § 155.210(c)(1)(iii).
Therefore, we are adding the word
‘‘such’’ to the following sentence to refer
specifically to agent and broker
licensure. We are also adding the word
‘‘in,’’ immediately preceding the
citation, which was accidentally
omitted before. The revised sentence
will read as follows: ‘‘Thus, establishing
such licensure standards for Navigators
would mean that all Navigators would
be agents and brokers, and would
violate the standard set forth in
§ 155.210(c)(2) of the final rule that at
least two types of entities must serve as
Navigators.’’
On page 18336, the preamble
discusses the potential for future
standards related electronic notices and
coordination of notices between
Medicaid, CHIP, and the Exchanges. We
indicate that future rulemaking will be
issued for these standards. We are
correcting these references to state that
future guidance will be released to
provide more information on electronic
notices and notices coordination.
On page 18341, in preamble
discussion of privacy and security
standards, we are correcting two errors.
First, the definition of personally
identifiable information in § 155.260(a)
of the proposed rule published on July
15, 2011, was not included in the final
rule in order to align the definition with
a memorandum released by the Office of
Management and Budget. In the
preamble, the cross reference to
§ 155.260(a), which does not exist in the
final rule, is replaced with ‘‘as defined
in the Office of Management and Budget
Memorandum M–07–16.’’
Second, on page 18341, the preamble
uses the term ‘‘personally identifiable
health information.’’ The privacy and
security section of the final rule applies
to ‘‘personally identifiable information.’’
Personally identifiable health
information is a subset of this term, and
is not the focus of the rule, as stated in
the preamble. The word ‘‘health’’ was
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31514
Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations
accidentally included, because the
privacy and security principles from
which the rule derives its language
applies specifically to personally
identifiable health information.
However, the Exchanges final rule
applies to the broader set of all
personally identifiable information. We
are making the correction in the
preamble and also in the regulations
text.
On page 18344, in the preamble
discussion of privacy and security
standards, we are correcting two cross
references that were not updated from
the references in the proposed rule
regarding the codification of section
1413(c) of the Affordable Care Act. To
align the cross references with the
correct final rule provisions, the
reference to § 155.260(b)(3) is being
changed to § 155.260(a)(6) and the
reference to § 155.260(c) is being
changed to § 155.260(e). We are also
removing the word ‘‘section,’’ which
was used in addition to the symbol ‘‘§ ,’’
thus removing the redundancy.
On page 18396, in the preamble
discussion of the Small Business Health
Options Program, the text incorrectly
states that ‘‘…a SHOP must provide a
premium calculator to qualified
employers.’’ The premium calculator
should be made available to the
employees; therefore, we are correcting
‘‘qualified employers’’ to ‘‘qualified
employees.’’
On pages 18413 and 18414, in the
preamble discussion of decertifying
qualified health plans, the text refers
twice to the special enrollment period
in the case of QHP decertification in
§ 155.410, but should reference
§ 155.420, which is the section outlining
special enrollment periods.
On page 18429, the preamble
discusses the effective date of
termination at the end of the 3-month
grace period for individuals receiving
advance payments of the premium tax
credit. The regulations text states that a
QHP issuer must terminate the
individual’s coverage at the end of the
first month of the 3-month grace period.
However, the preamble is inconsistent
in stating that the QHP issuer ‘‘can’’
terminate coverage on the first day of
the second month of the grace period.
The regulations text accurately reflects
the policy stating that QHP issuers must
terminate on the last day of the first
month of the grace period. Therefore,
we are correcting the preamble to be
consistent with the regulations text by
changing the word ‘‘can’’ to ‘‘must’’ and
by aligning the termination date with
the regulations text.
On page 18450, we presented
regulatory changes to § 155.260(d),
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14:08 May 25, 2012
Jkt 226001
which outlines specifics for Exchanges
in developing written policies and
procedures regarding the collection, use,
and disclosure of personally identifiable
information. This paragraph was
intended to be consistent with
paragraph (a) of § 155.260, which also
applies to the creation of personally
identifiable information. In this notice,
we are adding the word ‘‘creation’’ to
§ 155.260(d).
On page 18456, we presented
regulatory changes to § 155.315(f)(5)(i).
Due to changes during drafting, the
reference to paragraph (i) is incorrect,
and was intended to refer to paragraph
(g) of that section. We are correcting this
reference.
On page 18461, we presented
regulatory changes to § 155.345(g)(3),
which states that an Exchange cannot
request ‘‘information of documentation’’
that an individual already provided to a
different insurance affordability
program. This was a typographical error
that should read ‘‘information or
documentation,’’ to be consistent with
preamble text and accurately
communicate the standard.
On page 18464, we presented our
regulatory changes to § 155.430(c)(2),
which directs Exchanges to send
termination information to the QHP
issuer and HHS ‘‘promptly and without
undue delay.’’ This timeliness standard
is consistent with the reporting of
enrollment established in
§ 155.400(b)(1). However, we mistakenly
added another qualification in
§ 155.430(c)(2) that such information be
reported ‘‘at such time and in such
manner as HHS may specify.’’ The latter
phrase is not necessary in light of the
more specific standard that such
information be reported promptly and
without undue delay.
On page 18467, we presented our
regulatory changes to § 155.1020(a) with
respect to rate increase justifications.
We inadvertently left out the word
‘‘increase,’’ and are adding it to the
regulations text to be consistent across
provisions and aligned with the
preamble, and to more clearly
communicate our intent.
On page 18468, in § 155.1080(b), we
inadvertently used the word ‘‘meet’’
instead of ‘‘meets,’’ which results in
incorrect subject-verb agreement, and
are amending this to be correct.
On page 18469, in § 156.20, in the
definition of ‘‘Level of coverage’’, we
mistakenly defined the term ‘‘level of
coverage’’ by referring to section
1302(d)(2) of the Affordable Care Act.
The bronze, silver, gold, and platinum
levels of coverage are defined in section
1302(d)(1) of the Affordable Care Act;
therefore, we are correcting this error.
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III. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)) and section
553(d) of the APA ordinarily requires a
30-day delay in the effective date of
final rules after the date of their
publication in the Federal Register.
These requirements may be waived 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.
This notice merely corrects technical
and typographic errors in the Exchanges
final rule that was published on March
27, 2012 and becomes effective on May
29, 2012. The changes are not
substantive to the Exchanges policy.
Therefore, we believe that undertaking
further notice and comment procedures
to incorporate these corrections and
delaying the effective date of these
changes is unnecessary. In addition, we
believe it is important for the public to
have the correct information as soon as
possible, and believe it is contrary to the
public interest to delay the
dissemination of it. For the reasons
stated above, we find there is good
cause to waive notice and comment
procedures and the 30-day delay in the
effective date for this correction notice.
IV. Correction of Errors
In FR Doc. 2012–6125 of March 27,
2012, (77 FR 18310), make the following
corrections:
A. Correction of Errors in the Preamble
1. On page 18327, in the third
column—
A. In the first full paragraph, in line
6, the cross reference to ‘‘§ 155.200(a)’’
is corrected to ‘‘§ 155.205(a)’’.
B. In the second full paragraph, in
line 2, the cross reference to
‘‘§ 155.200(b)’’ is corrected to
‘‘§ 155.205(b)’’.
2. On page 18331, in the third
column; in the second full paragraph, in
line 12, add the word ‘‘such’’ before the
word ‘‘licensure’’ and the word ‘‘in’’
before ‘‘§ 155.210(c)(2)’’.
3. On page 18336, in the second
column; in the last paragraph—
A. In lines 7 and 8, the phrase ‘‘future
rulemaking’’ is corrected to read ‘‘future
guidance.’’
B. In line 10, the phrase, ‘‘Future
rulemaking’’ is corrected to read
‘‘Future guidance’’.
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations
4. On page 18341—
A. In the second column; in the third
paragraph, in lines 26 and 27, the term
‘‘personally identifiable health
information’’ is corrected to read
‘‘personally identifiable information.’’
B. In the third column; in the first
partial paragraph, in line 4, the
reference to ‘‘§ 155.260(a)’’ is replaced
with ‘‘the Office of Management and
Budget Memorandum M–07–16.’’
5. On page 18344, in the second
column; in the third paragraph, in lines
11 and 12, the references to
‘‘§ 155.260(b)(3) and § 155.260(c)’’ are
corrected to ‘‘§ 155.260(a)(6) and
§ 155.260(e)’’.
6. On page 18396, in the third
column; in the second to last paragraph,
in lines 9 and 10, the term ‘‘qualified
employers’’ is corrected to ‘‘qualified
employees.’’
7. On page 18413, in the third
column; in the last paragraph, in the
first line, the cross reference to
‘‘§ 155.410’’ is corrected to ‘‘§ 155.420’’.
8. On page 18414, in the first column;
in the first partial paragraph, in the first
line, the reference to ‘‘§ 155.410’’ is
corrected to ‘‘§ 155.420.’’
9. On page 18429, in the first column;
in the first paragraph, the first sentence
is corrected to read, ‘‘We clarify in final
§ 156.270(g) that if an individual
exhausts the grace period without
settling all outstanding premium
payments, then the QHP issuer must
terminate coverage retroactively to the
last day of the first month of the grace
period.’’
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3. On page 18461, in the second
column, in § 155.345(g)(3), in line 1, the
words, ‘‘Not request information of’’ are
corrected to read ‘‘Not request
information or’’.
■
§ 155.430
[Corrected]
4. On page 18464, in the first column;
in § 155.430(c)(2), in lines 3 and 4, the
words ‘‘, at such time and in such
manner as HHS may specify,’’ are
removed.
■
§ 155.1020
[Corrected]
5. On page 18467, in the second
column; in § 155.1020(a), in line 10, the
word ‘‘increase’’ is added before the
word ‘‘justifications’’ such that the end
of that sentence reads: ‘‘* * *for which
the U.S. Office of Personnel
Management will provide a process for
the submission of rate increase
justifications.’’
■
§ 155.1080
[Corrected]
6. On page 18468, in the second
column; in § 155.1080(b), in line 6, the
word ‘‘meet’’ is corrected to ‘‘meets’’.
■
§ 156.20
[Corrected]
7. On page 18469, in the first column;
in the definition of Level of coverage, in
line 3, the reference to ‘‘section
1302(d)(2) of the Affordable Care Act’’ is
corrected to read ‘‘section 1302(d)(1) of
the Affordable Care Act’’.
■
Dated: May 22, 2012.
Jennifer Cannistra,
Executive Secretary to the Department.
BILLING CODE 4120–01–P
[Corrected]
1. On page 18450—
■ A. In the first column; in § 155.260, in
paragraphs (a)(3)(i), (a)(3)(ii), (a)(3)(iii),
(a)(3)(iv), and (a)(3)(v), the term
‘‘personally identifiable health
information’’ is corrected to read
‘‘personally identifiable information’’.
■ B. In the second column; in § 155.260,
in paragraph (a)(3)(vi) and (a)(3)(vii), the
term ‘‘personally identifiable health
information’’ is corrected to read
‘‘personally identifiable information’’.
■ C. In the third column, in § 155.260
(d) introductory text, in line three, add
the word ‘‘creation’’ before the word
‘‘collection’’.
■
§ 155.315
[Corrected]
[FR Doc. 2012–12914 Filed 5–25–12; 8:45 am]
B. Correction of Errors in the
Regulations Text
§ 155.260
§ 155.345
2. On page 18456, in the first column;
in § 155.315(f)(5)(i), in line 6, the
reference to ‘‘paragraph (i)’’ is corrected
to read ‘‘paragraph (g)’’.
■
14:08 May 25, 2012
Coast Guard
46 CFR Part 10
[Docket No. USCG–2004–17455]
RIN 1625–AA85
Validation of Merchant Mariners’ Vital
Information and Issuance of Coast
Guard Merchant Mariner’s Licenses
and Certificates of Registry (MMLs)
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
Jkt 226001
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when mariners apply for original,
renewal, and raise-of-grade licenses and
certificates of registry, but was never
published as a final rule. The Coast
Guard is finalizing the one remaining
section of the interim rule that has
remained unfinalized, which is the
definition of a dangerous drug.
DATES: This final rule is effective June
28, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2004–17455, and are
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. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2004–17455 in the ‘‘Enter
Keyword or ID’’ box, and then clicking
‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Gerald Miante, Maritime
Personnel Qualifications Division, Coast
Guard; telephone 202–372–1407, email
Gerald.P.Miante@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
The Coast Guard is finalizing
regulations previously published as an
interim rule on January 13, 2006. The
interim rule was published to amend
the maritime personnel licensing rules
to include new security requirements
SUMMARY:
[Corrected]
VerDate Mar<15>2010
DEPARTMENT OF HOMELAND
SECURITY
31515
§ Section symbol
CFR Code of Federal Regulations
FBI Federal Bureau of Investigation
FR Federal Register
MMC Merchant Mariner Credential
MMD Merchant Mariner’s Document
NMC National Maritime Center
REC Regional Examination Center
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31513-31515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12914]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Parts 155, 156, and 157
[CMS-9989-CN]
RIN 0938-AQ67
Patient Protection and Affordable Care Act; Establishment of
Exchanges and Qualified Health Plans; Exchange Standards for Employers;
Correction
AGENCY: Department of Health and Human Services.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors that
appeared in the final rule, interim final rule, published in the
Federal Register on March 27, 2012, entitled ``Patient Protection and
Affordable Care Act; Establishment of Exchanges and Qualified Health
Plans; Exchange Standards for Employers.''
DATES: Effective Date: These corrections are effective on May 29, 2012.
FOR FURTHER INFORMATION CONTACT: Alissa DeBoy, (301) 492-4428.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2012-6125 of March 27, 2012, (77 FR 18310) 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 published on March 27, 2012. Accordingly, the corrections are
effective on May 29, 2012.
II. Summary of Errors
On page 18327, in the preamble discussion of standards for consumer
assistance tools, there are errors in references to the regulations
text. The cross references to Sec. 155.200(a) and Sec. 155.200(b) are
incorrect, and are being corrected to read Sec. 155.205(a) and Sec.
155.205(b), respectively, which are the provisions discussing the
Exchange call center and Web site.
On page 18331, the preamble explains that Exchanges cannot require
Navigators to have agent and broker licenses. However, one sentence
implies that any licensure standards for Navigators would cause
Navigators to be agents and brokers, which is inaccurate. The sentence
also incorrectly implies that establishing any licensure standards
would not be allowed, which would conflict with Sec.
155.210(c)(1)(iii). Therefore, we are adding the word ``such'' to the
following sentence to refer specifically to agent and broker licensure.
We are also adding the word ``in,'' immediately preceding the citation,
which was accidentally omitted before. The revised sentence will read
as follows: ``Thus, establishing such licensure standards for
Navigators would mean that all Navigators would be agents and brokers,
and would violate the standard set forth in Sec. 155.210(c)(2) of the
final rule that at least two types of entities must serve as
Navigators.''
On page 18336, the preamble discusses the potential for future
standards related electronic notices and coordination of notices
between Medicaid, CHIP, and the Exchanges. We indicate that future
rulemaking will be issued for these standards. We are correcting these
references to state that future guidance will be released to provide
more information on electronic notices and notices coordination.
On page 18341, in preamble discussion of privacy and security
standards, we are correcting two errors. First, the definition of
personally identifiable information in Sec. 155.260(a) of the proposed
rule published on July 15, 2011, was not included in the final rule in
order to align the definition with a memorandum released by the Office
of Management and Budget. In the preamble, the cross reference to Sec.
155.260(a), which does not exist in the final rule, is replaced with
``as defined in the Office of Management and Budget Memorandum M-07-
16.''
Second, on page 18341, the preamble uses the term ``personally
identifiable health information.'' The privacy and security section of
the final rule applies to ``personally identifiable information.''
Personally identifiable health information is a subset of this term,
and is not the focus of the rule, as stated in the preamble. The word
``health'' was
[[Page 31514]]
accidentally included, because the privacy and security principles from
which the rule derives its language applies specifically to personally
identifiable health information. However, the Exchanges final rule
applies to the broader set of all personally identifiable information.
We are making the correction in the preamble and also in the
regulations text.
On page 18344, in the preamble discussion of privacy and security
standards, we are correcting two cross references that were not updated
from the references in the proposed rule regarding the codification of
section 1413(c) of the Affordable Care Act. To align the cross
references with the correct final rule provisions, the reference to
Sec. 155.260(b)(3) is being changed to Sec. 155.260(a)(6) and the
reference to Sec. 155.260(c) is being changed to Sec. 155.260(e). We
are also removing the word ``section,'' which was used in addition to
the symbol ``Sec. ,'' thus removing the redundancy.
On page 18396, in the preamble discussion of the Small Business
Health Options Program, the text incorrectly states that ``[hellip]a
SHOP must provide a premium calculator to qualified employers.'' The
premium calculator should be made available to the employees;
therefore, we are correcting ``qualified employers'' to ``qualified
employees.''
On pages 18413 and 18414, in the preamble discussion of
decertifying qualified health plans, the text refers twice to the
special enrollment period in the case of QHP decertification in Sec.
155.410, but should reference Sec. 155.420, which is the section
outlining special enrollment periods.
On page 18429, the preamble discusses the effective date of
termination at the end of the 3-month grace period for individuals
receiving advance payments of the premium tax credit. The regulations
text states that a QHP issuer must terminate the individual's coverage
at the end of the first month of the 3-month grace period. However, the
preamble is inconsistent in stating that the QHP issuer ``can''
terminate coverage on the first day of the second month of the grace
period. The regulations text accurately reflects the policy stating
that QHP issuers must terminate on the last day of the first month of
the grace period. Therefore, we are correcting the preamble to be
consistent with the regulations text by changing the word ``can'' to
``must'' and by aligning the termination date with the regulations
text.
On page 18450, we presented regulatory changes to Sec. 155.260(d),
which outlines specifics for Exchanges in developing written policies
and procedures regarding the collection, use, and disclosure of
personally identifiable information. This paragraph was intended to be
consistent with paragraph (a) of Sec. 155.260, which also applies to
the creation of personally identifiable information. In this notice, we
are adding the word ``creation'' to Sec. 155.260(d).
On page 18456, we presented regulatory changes to Sec.
155.315(f)(5)(i). Due to changes during drafting, the reference to
paragraph (i) is incorrect, and was intended to refer to paragraph (g)
of that section. We are correcting this reference.
On page 18461, we presented regulatory changes to Sec.
155.345(g)(3), which states that an Exchange cannot request
``information of documentation'' that an individual already provided to
a different insurance affordability program. This was a typographical
error that should read ``information or documentation,'' to be
consistent with preamble text and accurately communicate the standard.
On page 18464, we presented our regulatory changes to Sec.
155.430(c)(2), which directs Exchanges to send termination information
to the QHP issuer and HHS ``promptly and without undue delay.'' This
timeliness standard is consistent with the reporting of enrollment
established in Sec. 155.400(b)(1). However, we mistakenly added
another qualification in Sec. 155.430(c)(2) that such information be
reported ``at such time and in such manner as HHS may specify.'' The
latter phrase is not necessary in light of the more specific standard
that such information be reported promptly and without undue delay.
On page 18467, we presented our regulatory changes to Sec.
155.1020(a) with respect to rate increase justifications. We
inadvertently left out the word ``increase,'' and are adding it to the
regulations text to be consistent across provisions and aligned with
the preamble, and to more clearly communicate our intent.
On page 18468, in Sec. 155.1080(b), we inadvertently used the word
``meet'' instead of ``meets,'' which results in incorrect subject-verb
agreement, and are amending this to be correct.
On page 18469, in Sec. 156.20, in the definition of ``Level of
coverage'', we mistakenly defined the term ``level of coverage'' by
referring to section 1302(d)(2) of the Affordable Care Act. The bronze,
silver, gold, and platinum levels of coverage are defined in section
1302(d)(1) of the Affordable Care Act; therefore, we are correcting
this error.
III. Waiver of Proposed Rulemaking
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)) and section
553(d) of the APA ordinarily requires a 30-day delay in the effective
date of final rules after the date of their publication in the Federal
Register. These requirements may be waived 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.
This notice merely corrects technical and typographic errors in the
Exchanges final rule that was published on March 27, 2012 and becomes
effective on May 29, 2012. The changes are not substantive to the
Exchanges policy. Therefore, we believe that undertaking further notice
and comment procedures to incorporate these corrections and delaying
the effective date of these changes is unnecessary. In addition, we
believe it is important for the public to have the correct information
as soon as possible, and believe it is contrary to the public interest
to delay the dissemination of it. For the reasons stated above, we find
there is good cause to waive notice and comment procedures and the 30-
day delay in the effective date for this correction notice.
IV. Correction of Errors
In FR Doc. 2012-6125 of March 27, 2012, (77 FR 18310), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 18327, in the third column--
A. In the first full paragraph, in line 6, the cross reference to
``Sec. 155.200(a)'' is corrected to ``Sec. 155.205(a)''.
B. In the second full paragraph, in line 2, the cross reference to
``Sec. 155.200(b)'' is corrected to ``Sec. 155.205(b)''.
2. On page 18331, in the third column; in the second full
paragraph, in line 12, add the word ``such'' before the word
``licensure'' and the word ``in'' before ``Sec. 155.210(c)(2)''.
3. On page 18336, in the second column; in the last paragraph--
A. In lines 7 and 8, the phrase ``future rulemaking'' is corrected
to read ``future guidance.''
B. In line 10, the phrase, ``Future rulemaking'' is corrected to
read ``Future guidance''.
[[Page 31515]]
4. On page 18341--
A. In the second column; in the third paragraph, in lines 26 and
27, the term ``personally identifiable health information'' is
corrected to read ``personally identifiable information.''
B. In the third column; in the first partial paragraph, in line 4,
the reference to ``Sec. 155.260(a)'' is replaced with ``the Office of
Management and Budget Memorandum M-07-16.''
5. On page 18344, in the second column; in the third paragraph, in
lines 11 and 12, the references to ``Sec. 155.260(b)(3) and Sec.
155.260(c)'' are corrected to ``Sec. 155.260(a)(6) and Sec.
155.260(e)''.
6. On page 18396, in the third column; in the second to last
paragraph, in lines 9 and 10, the term ``qualified employers'' is
corrected to ``qualified employees.''
7. On page 18413, in the third column; in the last paragraph, in
the first line, the cross reference to ``Sec. 155.410'' is corrected
to ``Sec. 155.420''.
8. On page 18414, in the first column; in the first partial
paragraph, in the first line, the reference to ``Sec. 155.410'' is
corrected to ``Sec. 155.420.''
9. On page 18429, in the first column; in the first paragraph, the
first sentence is corrected to read, ``We clarify in final Sec.
156.270(g) that if an individual exhausts the grace period without
settling all outstanding premium payments, then the QHP issuer must
terminate coverage retroactively to the last day of the first month of
the grace period.''
B. Correction of Errors in the Regulations Text
Sec. 155.260 [Corrected]
0
1. On page 18450--
0
A. In the first column; in Sec. 155.260, in paragraphs (a)(3)(i),
(a)(3)(ii), (a)(3)(iii), (a)(3)(iv), and (a)(3)(v), the term
``personally identifiable health information'' is corrected to read
``personally identifiable information''.
0
B. In the second column; in Sec. 155.260, in paragraph (a)(3)(vi) and
(a)(3)(vii), the term ``personally identifiable health information'' is
corrected to read ``personally identifiable information''.
0
C. In the third column, in Sec. 155.260 (d) introductory text, in line
three, add the word ``creation'' before the word ``collection''.
Sec. 155.315 [Corrected]
0
2. On page 18456, in the first column; in Sec. 155.315(f)(5)(i), in
line 6, the reference to ``paragraph (i)'' is corrected to read
``paragraph (g)''.
Sec. 155.345 [Corrected]
0
3. On page 18461, in the second column, in Sec. 155.345(g)(3), in line
1, the words, ``Not request information of'' are corrected to read
``Not request information or''.
Sec. 155.430 [Corrected]
0
4. On page 18464, in the first column; in Sec. 155.430(c)(2), in lines
3 and 4, the words ``, at such time and in such manner as HHS may
specify,'' are removed.
Sec. 155.1020 [Corrected]
0
5. On page 18467, in the second column; in Sec. 155.1020(a), in line
10, the word ``increase'' is added before the word ``justifications''
such that the end of that sentence reads: ``* * *for which the U.S.
Office of Personnel Management will provide a process for the
submission of rate increase justifications.''
Sec. 155.1080 [Corrected]
0
6. On page 18468, in the second column; in Sec. 155.1080(b), in line
6, the word ``meet'' is corrected to ``meets''.
Sec. 156.20 [Corrected]
0
7. On page 18469, in the first column; in the definition of Level of
coverage, in line 3, the reference to ``section 1302(d)(2) of the
Affordable Care Act'' is corrected to read ``section 1302(d)(1) of the
Affordable Care Act''.
Dated: May 22, 2012.
Jennifer Cannistra,
Executive Secretary to the Department.
[FR Doc. 2012-12914 Filed 5-25-12; 8:45 am]
BILLING CODE 4120-01-P
