Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2014; Correcting Amendment, 66653-66655 [2013-26579]
Download as PDF
<![CDATA[
66653
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
C. Revisions to Petitioned-for Tolerances
EPA is revising the tolerance
expressions for plant and livestock
commodities to clarify the chemical
moieties that are covered by the
tolerances and specify how compliance
with the tolerances is to be measured.
The revised tolerance expression makes
clear that the tolerances cover ‘‘residues
of imazapyr, including its metabolites
and degradates,’’ as specified in FFDCA
section 408(a)(3), and that compliance
with the tolerance levels is to be
determined by measuring only the
residues of imazapyr [2-[4,5-dihydro-4methyl-4-(1-methylethyl)-5-oxo-1Himidazol-2-yl]-3-pyridinecarboxylic
acid]. EPA has determined that it is
reasonable to make this change final
without prior proposal and opportunity
for comment because public comment is
not necessary, in that the change has no
substantive effect on the tolerance, but
rather incorporates statutory
requirements and is merely intended to
clarify the existing tolerance expression.
V. Conclusion
Therefore, tolerances are established
for residues of imazapyr [2-[4,5-dihydro4-methyl-4-(1-methylethyl)-5-oxo-1Himidazol-2-yl]-3-pyridinecarboxylic
acid], in or on lentil at 0.2 ppm;
rapeseed subgroup 20A and sunflower
subgroup 20B at 0.05 ppm.
pmangrum on DSK3VPTVN1PROD with RULES
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
VerDate Mar<15>2010
15:05 Nov 05, 2013
Jkt 232001
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
Dated: October 22, 2013.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
VII. Congressional Review Act
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.500, paragraph (a) is
amended by revising the introductory
text and alphabetically adding the
following commodities to the table to
read as follows:
■
§ 180.500 Imazapyr; tolerances for
residues.
(a) General. Tolerances are
established for residues of the herbicide,
imazapyr, including its metabolites and
degradates, in or on the commodities in
the following table. Compliance with
the tolerance levels is to be determined
by measuring only the residues of
imazapyr [2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-imidazol-2-yl]-3pyridinecarboxylic acid].
Parts per
million
Commodity
*
*
*
Lentil 1 ...................................
*
*
*
*
Rapeseed subgroup 20A 1 ....
*
*
0.05
*
*
*
Sunflower subgroup 20B 1 ....
*
*
0.05
1 There
*
*
0.2
are no U.S. Registrations.
*
*
*
*
[FR Doc. 2013–26364 Filed 11–5–13; 8:45 am]
BILLING CODE 6560–50–P
45 CFR Parts 153, 155, 156, 157, and
158
[CMS–9964–F3]
RIN–0938–AR51
Patient Protection and Affordable Care
Act; HHS Notice of Benefit and
Payment Parameters for 2014;
Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
AGENCY:
In the March 11, 2013 issue
of the Federal Register, we published a
SUMMARY:
E:\FR\FM\06NOR1.SGM
06NOR1
66654
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
final rule entitled, ‘‘Patient Protection
and Affordable Care Act; HHS Notice of
Benefit and Payment Parameters for
2014’’. This correcting amendment
corrects several technical and
typographical errors identified in the
March 11, 2013 final rule.
DATES: This correcting amendment is
effective November 6, 2013.
FOR FURTHER INFORMATION CONTACT:
Jeff Wu, (301) 492–4305.
Adrianne Glasgow, (410) 786–0686.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2013–04902 (78 FR 15410),
the final rule entitled, ‘‘Patient
Protection and Affordable Care Act;
HHS Notice of Benefit and Payment
Parameters for 2014’’ there were
technical and typographical errors that
are identified and corrected in the
regulations text of this correcting
amendment. The effective date of the
final rule was April 30, 2013.
A. Summary of Errors in the Preamble
On page 15421, in our discussion of
factors included in the HHS risk
adjustment models, we inadvertently
omitted language regarding how an
enrollee’s age for risk score calculation
will be determined.
On page 15493, in our discussion of
limiting the definition of cost sharing to
Essential Health Benefits, we
inadvertently included the incorrect
section reference to the Affordable Care
Act.
On page 15495, in our discussion of
estimating the value of cost-sharing
reductions to be provided under the
limited cost sharing plan variation open
to Indians regardless of household
income, we made typographical errors.
On pages 15503 and 15504 in our
discussion regarding determining
employer size for purposes of
participation in the Small Business
Health Option Program, we made
inadvertent minor errors. On page
15505, in our discussion of the medical
loss ratio formula, a phrase was
erroneously included.
On page 15506, in our discussion of
the technical correction to § 158.232(d),
we made an inadvertent technical error.
pmangrum on DSK3VPTVN1PROD with RULES
B. Summary of Errors in the Regulations
Text
On page 15526, in the regulation text
of—
• Section153.220(c)(2), we
inadvertently used the term ‘‘if’’ instead
of the term ‘‘of;’’ and
• Section 153.230(a), we
inadvertently omitted the term
‘‘collected’’ after the phrase ‘‘for
VerDate Mar<15>2010
15:05 Nov 05, 2013
Jkt 232001
reinsurance payments from
contributions.’’
On page 15529, in the regulations text
of § 153.405(b), we inadvertently
omitted references to paragraphs (f) and
(g) of this section.
On page 15540, in the regulation text
of § 158.232(d), we inadvertently used
the term ‘‘and’’ instead of the term ‘‘an.’’
II. Correction of Errors in the Preamble
1. On page 15421, first column,
second full paragraph, lines 4 through
10, the sentence ‘‘To align with model
calibration, an enrollee’s age for risk
score calculation will be the age as of
the enrollee’s last day of enrollment in
a risk adjustment covered plan in the
applicable benefit year will be used for
enrollees in program operation.’’ is
corrected to read ‘‘To align with model
calibration, an enrollee’s age for risk
score calculation for all enrollment
periods will be based on the enrollee’s
age in years on the last date of
enrollment in the applicable benefit
year in any risk adjustment covered
plan for the issuer’’.
2. On page 15493, third column,
fourth full paragraph, line 2, ‘‘section
1301(c)’’ is corrected to read ‘‘section
1302(c)(3).’’
3. On page 15495, third column, first
full paragraph, lines 1 through 15, the
sentences ‘‘We are finalizing both our
proposal for annual rulemaking in the
notice of benefits and payment
provisions to establish a methodology
for advance payments for cost-sharing
reductions under the limited cost
sharing plan variation, and our proposal
of a specific methodology for the 2014
benefit year. As in the case of the other
plan variation, we plan to review the
methodology for calculating the advance
payments once more data is available,
and future notices of benefits and
payment parameters may include
different methodologies.’’ is corrected to
read ‘‘We are finalizing both our
proposal for annual rulemaking in the
HHS notice of benefit and payment
parameters provisions to establish a
methodology for advance payments for
cost-sharing reductions under the
limited cost sharing plan variation, and
our proposal of a specific methodology
for the 2014 benefit year. As in the case
of the other plan variations, we plan to
review the methodology for calculating
the advance payments once more data is
available, and future HHS notices of
benefit and payment parameters may
include different methodologies.’’
4. On page 15503, third column,
a. Second full paragraph, line 10
‘‘IRC’’ is corrected to read ‘‘Code.’’
b. Third full paragraph,
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
(1) Line 6, ‘‘IRC’’ is corrected to read
‘‘Code.’’
(2) Line 8, ‘‘IRC’’ is corrected to read
‘‘Code.’’.
5. On page 15504, first column,
a. First full paragraph, line 3, ‘‘this
Notice’’ is corrected to read ‘‘this final
rule’’.
b. Second full paragraph, line 3,
‘‘IRC’’ is corrected to read ‘‘Code’’.
6. On page 15505, second column, last
paragraph, lines 1 through 4, the
sentence ‘‘Issuers must provide rebates
to enrollees if their MLRs fall short of
the applicable MLR standard for the
reporting year.’’ is corrected to read
‘‘Issuers must provide rebates if their
MLRs fall short of the applicable MLR
standard for the reporting year.’’.
7. On page 15506, third column, last
paragraph, line 9, the phrase ‘‘50
percent—n’’ is corrected to read ‘‘50
percent ∧ n’’.
8. On page 15540, second column,
second paragraph, line 3, the sentence
‘‘Beginning with the 2013 MLR
reporting year, the credibility
adjustment for and MLR based on
partially credible experience is zero if
both of the following conditions are
met:’’ is corrected to read ‘‘Beginning
with the 2013 MLR reporting year, the
credibility adjustment for an MLR based
on partially credible experience is zero
if both of the following conditions are
met:’’
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
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.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, if an agency finds
there is good cause to do so, and the
agency incorporates a statement of the
findings and its reasons in the rule
issued.
This document merely corrects
technical and typographic errors in the
Patient Protection and Affordable Care
Act; HHS Notice of Benefit and Payment
Parameters for 2014 final rule that was
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
published on March 11, 2013 and
became effective on April 30, 2013. The
changes are not substantive changes to
the standards set forth in the final rule.
Therefore, we believe that undertaking
further notice and comment procedures
to incorporate these corrections and
delay the effective date for 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 when they
become effective. For the reasons stated
previously, 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.
List of Subjects
45 CFR Part 153
Administrative practice and
procedure, Adverse selection, Health
care, Health insurance, Health records,
Organization and functions
(Government agencies), Premium
stabilization, Reporting and
recordkeeping requirements,
Reinsurance, Risk adjustment, Risk
corridors, Risk mitigation, State and
local governments.
45 CFR Part 158
Administrative practice and
procedure, Claims, Health care, Health
insurance, Health plans, penalties,
Reporting and recordkeeping
requirements, Premium revenues,
Medical loss ratio, Rebating.
As noted in section I of this correcting
amendment, the Department of Health
and Human Services is making the
following correcting amendments to 45
CFR parts 153 and 158.
PART 153—STANDARDS RELATED TO
REINSURANCE, RISK CORRIDORS,
AND RISK ADJUSTMENT UNDER THE
AFFORDABLE CARE ACT
1. The authority citation continues to
read as follows:
■
Authority: Secs. 1311, 1321, 1341–1343,
Pub. L. 111–148, 24 Stat. 119.
§ 153.220
[Amended]
2. In § 153.220(c)(2), the phrase ‘‘if
this section’’ is removed and the phrase
‘‘of this section’’ is added in its place.
pmangrum on DSK3VPTVN1PROD with RULES
■
§ 153.230
[Amended]
3. In § 153.230(a), the phrase ‘‘for
reinsurance payments from
contributions’’ is removed and the
phrase ‘‘for reinsurance payments from
contributions collected’’ is added in its
place.
■
VerDate Mar<15>2010
15:05 Nov 05, 2013
Jkt 232001
§ 153.405
[Amended]
4. In § 153.405(b), the phrase ‘‘(d) or
(e) of this section’’ is removed and the
phrase ‘‘(d) through (g) of this section’’
is added in its place.
■
PART 158—ISSUER USE OF PREMIUM
REVENUE: REPORTING AND REBATE
REQUIREMENTS
5. The authority citation for part 158
continues to read as follows:
■
Authority: Section 2718 of the Public
Health Service Act (42 U.S.C. 300gg–18, as
amended).
§ 158.232
[Amended]
6. In § 158.232(d) introductory text,
the phrase ‘‘adjustment for and’’ is
removed and the phrase ‘‘adjustment for
an’’ is added in its place.
■
Dated: October 30, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2013–26579 Filed 11–5–13; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 575
[Docket No. NHTSA–2013–0120]
RIN 2127–AL49
Consumer Information; Uniform Tire
Quality Grading Standards
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim final rule; request for
comments.
AGENCY:
The Uniform Tire Quality
Grading Standards (UTQGS) contain
detailed testing procedures for
generating consumer information about
the treadwear, traction, and temperature
resistance of passenger car tires. To
ensure the uniformity of treadwear
grades, the grading procedures specify a
400-mile test course located near San
Angelo, Texas. Two or four-vehicle
convoys equipped with candidate tires
travel along this course to evaluate the
tire treadwear performance. Because
flooding is currently affecting several
water crossings along a portion of the
test course, NHTSA is issuing this
interim final rule to add an alternate
treadwear test course route to avoid the
inaccessible portions of the course. This
change will not compromise the
reliability of the treadwear grades, and
SUMMARY:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
66655
will not impose or relax any substantive
requirements or burdens on
manufacturers. Although the addition of
the alternative course route is effective
immediately, in order to benefit from
comments which interested parties and
the public may have, the agency is
requesting that comments be submitted
to the docket for this rule. Following the
close of the comment period, the agency
will publish a document responding to
the comments and, if appropriate, the
agency will amend the provisions of this
rule.
DATES: Effective date: This interim final
rule is effective November 6, 2013.
Comments: You should submit your
comments early enough to be received
not later than January 6, 2014.
ADDRESSES: You may submit comments,
identified by the docket number at the
heading of this notice, by any of the
following methods:
Online: Go to https://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site by clicking
on ‘‘Help’’ or ‘‘FAQs.’’
Fax: 1–202–493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Hand Delivery: 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act discussion
below. We will consider all comments
received before the close of business on
the comment closing date indicated
above. To the extent possible, we will
also consider comments filed after the
closing date.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. Telephone:
(202) 366–9826.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66653-66655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26579]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Parts 153, 155, 156, 157, and 158
[CMS-9964-F3]
RIN-0938-AR51
Patient Protection and Affordable Care Act; HHS Notice of Benefit
and Payment Parameters for 2014; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: In the March 11, 2013 issue of the Federal Register, we
published a
[[Page 66654]]
final rule entitled, ``Patient Protection and Affordable Care Act; HHS
Notice of Benefit and Payment Parameters for 2014''. This correcting
amendment corrects several technical and typographical errors
identified in the March 11, 2013 final rule.
DATES: This correcting amendment is effective November 6, 2013.
FOR FURTHER INFORMATION CONTACT:
Jeff Wu, (301) 492-4305.
Adrianne Glasgow, (410) 786-0686.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2013-04902 (78 FR 15410), the final rule entitled,
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and
Payment Parameters for 2014'' there were technical and typographical
errors that are identified and corrected in the regulations text of
this correcting amendment. The effective date of the final rule was
April 30, 2013.
A. Summary of Errors in the Preamble
On page 15421, in our discussion of factors included in the HHS
risk adjustment models, we inadvertently omitted language regarding how
an enrollee's age for risk score calculation will be determined.
On page 15493, in our discussion of limiting the definition of cost
sharing to Essential Health Benefits, we inadvertently included the
incorrect section reference to the Affordable Care Act.
On page 15495, in our discussion of estimating the value of cost-
sharing reductions to be provided under the limited cost sharing plan
variation open to Indians regardless of household income, we made
typographical errors.
On pages 15503 and 15504 in our discussion regarding determining
employer size for purposes of participation in the Small Business
Health Option Program, we made inadvertent minor errors. On page 15505,
in our discussion of the medical loss ratio formula, a phrase was
erroneously included.
On page 15506, in our discussion of the technical correction to
Sec. 158.232(d), we made an inadvertent technical error.
B. Summary of Errors in the Regulations Text
On page 15526, in the regulation text of--
Section153.220(c)(2), we inadvertently used the term
``if'' instead of the term ``of;'' and
Section 153.230(a), we inadvertently omitted the term
``collected'' after the phrase ``for reinsurance payments from
contributions.''
On page 15529, in the regulations text of Sec. 153.405(b), we
inadvertently omitted references to paragraphs (f) and (g) of this
section.
On page 15540, in the regulation text of Sec. 158.232(d), we
inadvertently used the term ``and'' instead of the term ``an.''
II. Correction of Errors in the Preamble
1. On page 15421, first column, second full paragraph, lines 4
through 10, the sentence ``To align with model calibration, an
enrollee's age for risk score calculation will be the age as of the
enrollee's last day of enrollment in a risk adjustment covered plan in
the applicable benefit year will be used for enrollees in program
operation.'' is corrected to read ``To align with model calibration, an
enrollee's age for risk score calculation for all enrollment periods
will be based on the enrollee's age in years on the last date of
enrollment in the applicable benefit year in any risk adjustment
covered plan for the issuer''.
2. On page 15493, third column, fourth full paragraph, line 2,
``section 1301(c)'' is corrected to read ``section 1302(c)(3).''
3. On page 15495, third column, first full paragraph, lines 1
through 15, the sentences ``We are finalizing both our proposal for
annual rulemaking in the notice of benefits and payment provisions to
establish a methodology for advance payments for cost-sharing
reductions under the limited cost sharing plan variation, and our
proposal of a specific methodology for the 2014 benefit year. As in the
case of the other plan variation, we plan to review the methodology for
calculating the advance payments once more data is available, and
future notices of benefits and payment parameters may include different
methodologies.'' is corrected to read ``We are finalizing both our
proposal for annual rulemaking in the HHS notice of benefit and payment
parameters provisions to establish a methodology for advance payments
for cost-sharing reductions under the limited cost sharing plan
variation, and our proposal of a specific methodology for the 2014
benefit year. As in the case of the other plan variations, we plan to
review the methodology for calculating the advance payments once more
data is available, and future HHS notices of benefit and payment
parameters may include different methodologies.''
4. On page 15503, third column,
a. Second full paragraph, line 10 ``IRC'' is corrected to read
``Code.''
b. Third full paragraph,
(1) Line 6, ``IRC'' is corrected to read ``Code.''
(2) Line 8, ``IRC'' is corrected to read ``Code.''.
5. On page 15504, first column,
a. First full paragraph, line 3, ``this Notice'' is corrected to
read ``this final rule''.
b. Second full paragraph, line 3, ``IRC'' is corrected to read
``Code''.
6. On page 15505, second column, last paragraph, lines 1 through 4,
the sentence ``Issuers must provide rebates to enrollees if their MLRs
fall short of the applicable MLR standard for the reporting year.'' is
corrected to read ``Issuers must provide rebates if their MLRs fall
short of the applicable MLR standard for the reporting year.''.
7. On page 15506, third column, last paragraph, line 9, the phrase
``50 percent--n'' is corrected to read ``50 percent [supcaret] n''.
8. On page 15540, second column, second paragraph, line 3, the
sentence ``Beginning with the 2013 MLR reporting year, the credibility
adjustment for and MLR based on partially credible experience is zero
if both of the following conditions are met:'' is corrected to read
``Beginning with the 2013 MLR reporting year, the credibility
adjustment for an MLR based on partially credible experience is zero if
both of the following conditions are met:''
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule 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.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, if an agency finds there is good cause to do so, and
the agency incorporates a statement of the findings and its reasons in
the rule issued.
This document merely corrects technical and typographic errors in
the Patient Protection and Affordable Care Act; HHS Notice of Benefit
and Payment Parameters for 2014 final rule that was
[[Page 66655]]
published on March 11, 2013 and became effective on April 30, 2013. The
changes are not substantive changes to the standards set forth in the
final rule. Therefore, we believe that undertaking further notice and
comment procedures to incorporate these corrections and delay the
effective date for 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 when they become effective. For the reasons stated previously,
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.
List of Subjects
45 CFR Part 153
Administrative practice and procedure, Adverse selection, Health
care, Health insurance, Health records, Organization and functions
(Government agencies), Premium stabilization, Reporting and
recordkeeping requirements, Reinsurance, Risk adjustment, Risk
corridors, Risk mitigation, State and local governments.
45 CFR Part 158
Administrative practice and procedure, Claims, Health care, Health
insurance, Health plans, penalties, Reporting and recordkeeping
requirements, Premium revenues, Medical loss ratio, Rebating.
As noted in section I of this correcting amendment, the Department
of Health and Human Services is making the following correcting
amendments to 45 CFR parts 153 and 158.
PART 153--STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND
RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT
0
1. The authority citation continues to read as follows:
Authority: Secs. 1311, 1321, 1341-1343, Pub. L. 111-148, 24
Stat. 119.
Sec. 153.220 [Amended]
0
2. In Sec. 153.220(c)(2), the phrase ``if this section'' is removed
and the phrase ``of this section'' is added in its place.
Sec. 153.230 [Amended]
0
3. In Sec. 153.230(a), the phrase ``for reinsurance payments from
contributions'' is removed and the phrase ``for reinsurance payments
from contributions collected'' is added in its place.
Sec. 153.405 [Amended]
0
4. In Sec. 153.405(b), the phrase ``(d) or (e) of this section'' is
removed and the phrase ``(d) through (g) of this section'' is added in
its place.
PART 158--ISSUER USE OF PREMIUM REVENUE: REPORTING AND REBATE
REQUIREMENTS
0
5. The authority citation for part 158 continues to read as follows:
Authority: Section 2718 of the Public Health Service Act (42
U.S.C. 300gg-18, as amended).
Sec. 158.232 [Amended]
0
6. In Sec. 158.232(d) introductory text, the phrase ``adjustment for
and'' is removed and the phrase ``adjustment for an'' is added in its
place.
Dated: October 30, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2013-26579 Filed 11-5-13; 8:45 am]
BILLING CODE 4120-01-P
