Medicare Program; Medical Loss Ratio Requirements for the Medicare Advantage and the Medicare Prescription Drug Benefit Programs; Correction, 43820-43821 [2013-17544]

Download as PDF 43820 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations promulgating this rule consistent with the Federal Plain Writing Act and requests public comment on this effort. List of Subjects in 42 CFR 7 Public health, CDC, Reference biological standards, Biological preparations, Schedule of charges Amended Text For the reasons discussed in the preamble, the Department of Health and Human Services amends 42 CFR Part 7 as follows: 639–3466. Any changes in the fee schedule will be published in the Federal Register. The fee must be paid in U.S. dollars at the time that the requester requests the biological reference standard or biological preparation. Dated: July 12, 2013. Kathleen Sebelius, Secretary. [FR Doc. 2013–17543 Filed 7–19–13; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 7—DISTRIBUTION OF REFERENCE BIOLOGICAL STANDARDS AND BIOLOGICAL PREPARATIONS Centers for Medicare & Medicaid Services 1. The authority citation for part 7 is revised to read as follows: ■ Authority: Sec. 215, 58 Stat. 690, as amended (42 U.S.C. 216); title V of the Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701); and secs. 301(a) and 352 of the Public Health Service Act, as amended (42 U.S.C. 241(a) and 263). * ■ * * * * 2. Revise § 7.1 to read as follows: § 7.1 Applicability. The provisions of this part are applicable to private entities requesting from the Centers for Disease Control and Prevention (CDC) reference biological Standards and Biological preparations for use in their laboratories. ■ 3. Revise § 7.4 to read as follows: § 7.4 Schedule of charges. ehiers on DSK2VPTVN1PROD with RULES The charges imposed in § 7.2 are based on the amount published in CDC’s price list of available products. These changes will reflect direct costs (such as salaries and equipment), indirect costs (such as rent, telephone service, and a proportionate share of management and administrative costs), and the cost of particular ingredients. Charges may vary over time and between different biological standards or biological preparations, depending upon the cost of ingredients and the complexity of production. An up-to-date schedule of charges is available from the Division of Scientific Resources, Centers for Disease Control, 1600 Clifton Road NE., MS C–17, Atlanta, Georgia, 30333 or 404–639–3466. ■ 4. Revise § 7.5 to read as follows: § 7.5 Payment procedures. An up-to-date fee schedule and instructions for terms of payment are available from the Division of Scientific Resources, Centers for Disease Control and Prevention, 1600 Clifton Road, MS C–17, Atlanta, Georgia 30333 or 404– VerDate Mar<15>2010 14:52 Jul 19, 2013 Jkt 229001 42 CFR Parts 422 and 423 [CMS–4173–CN] RIN 0938–AR69 Medicare Program; Medical Loss Ratio Requirements for the Medicare Advantage and the Medicare Prescription Drug Benefit Programs; Correction Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. AGENCY: This document corrects technical, typographical, and crossreferencing errors in the final rule that appeared in the May 23, 2013 Federal Register titled ‘‘Medicare Program; Medical Loss Ratio Requirements for the Medicare Advantage and the Medicare Prescription Drug Benefit Programs.’’ DATES: This correction document is effective on July 22, 2013. FOR FURTHER INFORMATION CONTACT: Ilina Chaudhuri, 410–786–8628 or Ilina.Chaudhuri@cms.hhs.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2013–12156 of May 23, 2013 (78 FR 31284), there were a number of technical, typographical, and cross-referencing errors that are identified and corrected in the Correction of Errors section of this correcting document. The provisions in this correction document are effective as if they had been included in the document published May 23, 2013. Accordingly, the corrections are effective July 22, 2013. II. Summary of Errors • On page 31307, in § 422.2401Definitions, Non-claims costs, paragraphs (3) and (4) of the regulations PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 text, we made errors in the parenthetical cross-references for the definition of non-claims cost. • On page 31308, in § 422.2420(c) Determining the MLR denominator, we made an error in the parenthetical crossreferences for the regulatory requirement for the total revenue. • On page 31310, in the table of contents for part 423 Subpart X— Requirements for a Minimum Medical Loss Ratio, we made a typographical error in a section number. • On page 31311, in § 423.2410General requirements, and in § 423.2420-Calculation of medical loss ratio, of the regulations text, we made several technical errors in the regulatory requirements as well as typographical errors in several references. • On page 31312, in § 423.2420(c)(4) and (c)(5) of the regulations text, we incorrectly stated the section number for two parenthetical references. We also made a typographical error in the discussion of total revenue. 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)). However, we can waive this notice and comment procedure if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. In our view, this correcting document does not constitute a rulemaking that would be subject to the APA notice and comment or delayed effective date requirements. This correcting document corrects technical, typographical, and cross-referencing errors in the Medicare Program; Medical Loss Ratio Requirements for the Medicare Advantage and the Medicare Prescription Drug Benefit Programs final rule and does not make substantive changes to the policies or payment methodologies that were adopted in the final rule. As a result, this correcting document is intended to ensure that the regulations text of the final rule accurately reflects the policies adopted. In addition, even if this were a rulemaking to which the notice and comment applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the final rule would be contrary to the E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Rules and Regulations ehiers on DSK2VPTVN1PROD with RULES public interest. Furthermore, such procedures would be unnecessary, as we are not altering the policies that were already subject to comment and finalized in our final rule. Therefore, we believe we have good cause to waive the notice and comment requirements. IV. Correction of Errors In FR Doc. 2013–12156 of May 23, 2013 (78 FR 31284), make the following corrections: 1. On page 31307, lower two-thirds of the page, second column, last paragraph (§ 422.2401—definition of non-claims costs), a. Line 9 (paragraph 3 of the definition of non-claims costs), the parenthetical cross-reference ‘‘§ 422.2420(c)(2)(ii)’’ is corrected to read ‘‘§ 422.2420(c)(2)(i)’’. b. Last line (line 12—paragraph 4 of the definition of non-claims costs), the parenthetical cross-reference ‘‘§ 422.2420(c)(2)(i) and (iii)’’ is corrected to read ‘‘§ 422.2420(c)(2)(ii) and (iii)’’. 2. On page 31308, third column, first paragraph, § 422.2420(c)-Determining the MLR denominator, lines 11 and 12, the phrase ‘‘in accordance with paragraph (c)(4) of this section’’ is corrected to read ‘‘in accordance with paragraphs (c)(4) and (c)(5) of this section.’’ 3. On page 31310, third column, 10th paragraph (table of contents for part 423 Subpart X), line 2, the section number ‘‘423.2300’’ is corrected to read ‘‘423.2400’’. 4. On page 31311, a. First column, 11th paragraph (§ 423.2410(d)), (1) Line 4, the phrase ‘‘CMS does terminate’’ is corrected to read ‘‘CMS terminates’’. (2) Line 5, the cross-reference ‘‘§ 423.509(a)(11) and (14)’’ is corrected to read ‘‘§ 423.509(b)(1) and (d)’’. b. Second column, first paragraph (§ 423.2420(b)), line 7, the reference ‘‘paragraph (b)(1)(iv)’’ is corrected to read ‘‘paragraphs (b)(5) and (b)(6)’’. c. Third column, third full paragraph (§ 423.2420(c)), (1) Lines 4 through 6, the phrase ‘‘must be in accordance with paragraph (c)(4) of this section and equal’’ is corrected to read ‘‘must equal’’. (2) Line 7, the phrase ‘‘Total revenue is as’’ is corrected to read ‘‘Total revenue under the contract is as’’. (3) Line 12 the phrase ‘‘paragraph and (c)(3)’’ is corrected to read ‘‘and paragraph (c)(3)’’. (4) Line 13, the phrase ‘‘in accordance with (c)(4)’’ is corrected to ‘‘in accordance with paragraphs (c)(4) and (5)’’. VerDate Mar<15>2010 14:52 Jul 19, 2013 Jkt 229001 5. On page 31312, a. First column, last paragraph (§ 423.2420(c)(4)), line 2, the parenthetical cross-reference ‘‘§ 422.2420(c)’’ is corrected to read ‘‘§ 423.2420(c)’’ b. Second column, (1) First partial paragraph, lines 1 and 2, the phrase ‘‘were assumed and revenue’’ is corrected to read ‘‘were assumed and no revenue’’. (2) First full paragraph (§ 423.2420(c)(5)), line 2, the parenthetical reference ‘‘§ 422.2420(c)’’ is corrected to read ‘‘§ 423.2420(c)’’. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: July 16, 2013. Jennifer M. Cannistra, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2013–17544 Filed 7–19–13; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2013–0002] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. SUMMARY: PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 43821 Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. FOR FURTHER INFORMATION CONTACT: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. SUPPLEMENTARY INFORMATION: List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: E:\FR\FM\22JYR1.SGM 22JYR1

Agencies

[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43820-43821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17544]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 422 and 423

[CMS-4173-CN]
RIN 0938-AR69


Medicare Program; Medical Loss Ratio Requirements for the 
Medicare Advantage and the Medicare Prescription Drug Benefit Programs; 
Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects technical, typographical, and cross-
referencing errors in the final rule that appeared in the May 23, 2013 
Federal Register titled ``Medicare Program; Medical Loss Ratio 
Requirements for the Medicare Advantage and the Medicare Prescription 
Drug Benefit Programs.''

DATES: This correction document is effective on July 22, 2013.

FOR FURTHER INFORMATION CONTACT: Ilina Chaudhuri, 410-786-8628 or 
Ilina.Chaudhuri@cms.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2013-12156 of May 23, 2013 (78 FR 31284), there were a 
number of technical, typographical, and cross-referencing errors that 
are identified and corrected in the Correction of Errors section of 
this correcting document. The provisions in this correction document 
are effective as if they had been included in the document published 
May 23, 2013. Accordingly, the corrections are effective July 22, 2013.

II. Summary of Errors

     On page 31307, in Sec.  422.2401-Definitions, Non-claims 
costs, paragraphs (3) and (4) of the regulations text, we made errors 
in the parenthetical cross-references for the definition of non-claims 
cost.
     On page 31308, in Sec.  422.2420(c) Determining the MLR 
denominator, we made an error in the parenthetical cross-references for 
the regulatory requirement for the total revenue.
     On page 31310, in the table of contents for part 423 
Subpart X--Requirements for a Minimum Medical Loss Ratio, we made a 
typographical error in a section number.
     On page 31311, in Sec.  423.2410-General requirements, and 
in Sec.  423.2420-Calculation of medical loss ratio, of the regulations 
text, we made several technical errors in the regulatory requirements 
as well as typographical errors in several references.
     On page 31312, in Sec.  423.2420(c)(4) and (c)(5) of the 
regulations text, we incorrectly stated the section number for two 
parenthetical references. We also made a typographical error in the 
discussion of total revenue.

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)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to the APA notice and comment or 
delayed effective date requirements. This correcting document corrects 
technical, typographical, and cross-referencing errors in the Medicare 
Program; Medical Loss Ratio Requirements for the Medicare Advantage and 
the Medicare Prescription Drug Benefit Programs final rule and does not 
make substantive changes to the policies or payment methodologies that 
were adopted in the final rule. As a result, this correcting document 
is intended to ensure that the regulations text of the final rule 
accurately reflects the policies adopted.
    In addition, even if this were a rulemaking to which the notice and 
comment applied, we find that there is good cause to waive such 
requirements. Undertaking further notice and comment procedures to 
incorporate the corrections in this document into the final rule would 
be contrary to the

[[Page 43821]]

public interest. Furthermore, such procedures would be unnecessary, as 
we are not altering the policies that were already subject to comment 
and finalized in our final rule. Therefore, we believe we have good 
cause to waive the notice and comment requirements.

IV. Correction of Errors

    In FR Doc. 2013-12156 of May 23, 2013 (78 FR 31284), make the 
following corrections:
    1. On page 31307, lower two-thirds of the page, second column, last 
paragraph (Sec.  422.2401--definition of non-claims costs),
    a. Line 9 (paragraph 3 of the definition of non-claims costs), the 
parenthetical cross-reference ``Sec.  422.2420(c)(2)(ii)'' is corrected 
to read ``Sec.  422.2420(c)(2)(i)''.
    b. Last line (line 12--paragraph 4 of the definition of non-claims 
costs), the parenthetical cross-reference ``Sec.  422.2420(c)(2)(i) and 
(iii)'' is corrected to read ``Sec.  422.2420(c)(2)(ii) and (iii)''.
    2. On page 31308, third column, first paragraph, Sec.  422.2420(c)-
Determining the MLR denominator, lines 11 and 12, the phrase ``in 
accordance with paragraph (c)(4) of this section'' is corrected to read 
``in accordance with paragraphs (c)(4) and (c)(5) of this section.''
    3. On page 31310, third column, 10th paragraph (table of contents 
for part 423 Subpart X), line 2, the section number ``423.2300'' is 
corrected to read ``423.2400''.
    4. On page 31311,
    a. First column, 11th paragraph (Sec.  423.2410(d)),
    (1) Line 4, the phrase ``CMS does terminate'' is corrected to read 
``CMS terminates''.
    (2) Line 5, the cross-reference ``Sec.  423.509(a)(11) and (14)'' 
is corrected to read ``Sec.  423.509(b)(1) and (d)''.
    b. Second column, first paragraph (Sec.  423.2420(b)), line 7, the 
reference ``paragraph (b)(1)(iv)'' is corrected to read ``paragraphs 
(b)(5) and (b)(6)''.
    c. Third column, third full paragraph (Sec.  423.2420(c)),
    (1) Lines 4 through 6, the phrase ``must be in accordance with 
paragraph (c)(4) of this section and equal'' is corrected to read 
``must equal''.
    (2) Line 7, the phrase ``Total revenue is as'' is corrected to read 
``Total revenue under the contract is as''.
    (3) Line 12 the phrase ``paragraph and (c)(3)'' is corrected to 
read ``and paragraph (c)(3)''.
    (4) Line 13, the phrase ``in accordance with (c)(4)'' is corrected 
to ``in accordance with paragraphs (c)(4) and (5)''.
    5. On page 31312,
    a. First column, last paragraph (Sec.  423.2420(c)(4)), line 2, the 
parenthetical cross-reference ``Sec.  422.2420(c)'' is corrected to 
read ``Sec.  423.2420(c)''
    b. Second column,
    (1) First partial paragraph, lines 1 and 2, the phrase ``were 
assumed and revenue'' is corrected to read ``were assumed and no 
revenue''.
    (2) First full paragraph (Sec.  423.2420(c)(5)), line 2, the 
parenthetical reference ``Sec.  422.2420(c)'' is corrected to read 
``Sec.  423.2420(c)''.

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

    Dated: July 16, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2013-17544 Filed 7-19-13; 8:45 am]
BILLING CODE 4120-01-P

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