Patient Protection and Affordable Care Act; Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014; Correcting Amendment, 37661-37662 [2014-15560]

Download as PDF 37661 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations Community No. State and location Effective date authorization/cancellation of sale of flood insurance in community Current Effective Map date Date certain Federal assistance no longer available in SFHAs Milltown, Town of, Crawford and Harrison Counties. Michigan: Eden, Township of, Mason County ....... 180034 February 13, 1976, Emerg; October 15, 1985, Reg; July 16, 2014, Susp. ......do ............... Do. 261274 ......do ............... Do. Hamlin, Township of, Mason County .... 260134 ......do ............... Do. Pere Marquette, Charter Township of, Mason County. Summit, Township of, Mason County ... 260582 November 22, 2013, Emerg; N/A, Reg; July 16, 2014, Susp. July 2, 1975, Emerg; December 17, 1987, Reg; July 16, 2014, Susp. October 9, 1975, Emerg; July 3, 1985, Reg; July 16, 2014, Susp. September 27, 1974, Emerg; December 17, 1987, Reg; July 16, 2014, Susp. ......do ............... Do. ......do ............... Do. April 30, 1973, Emerg; August 15, 1977, Reg; July 16, 2014, Susp. April 30, 1973, Emerg; August 15, 1977, Reg; July 16, 2014, Susp. April 30, 1973, Emerg; January 24, 1978, Reg; July 16, 2014, Susp. April 30, 1973, Emerg; April 3, 1978, Reg; July 16, 2014, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. April 23, 1975, Emerg; July 1, 1987, Reg; July 16, 2014, Susp. July 23, 1975, Emerg; July 1, 1987, Reg; July 16, 2014, Susp. ......do ............... Do. ......do ............... Do. 260307 Region VI Louisiana: Addis, Town of, West Baton Rouge Parish. Brusly, Town of, West Baton Rouge Parish. Port Allen, City of, West Baton Rouge Parish.. West Baton Rouge Parish, Unincorporated Areas. 220240 220241 220242 220239 Region VII Kansas: Concordia, City of, Cloud County .......... 200060 Glasco, City of, Cloud County ............... 200061 *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: June 17, 2014. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2014–15561 Filed 7–1–14; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 153 ‘‘Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014.’’ The effective date was December 30, 2013. This correcting amendment corrects technical and typographical errors identified in the October 30, 2013 final rule. DATES: This correcting amendment is effective July 2, 2014. FOR FURTHER INFORMATION CONTACT: Jaya Ghildiyal, (301) 492–5149. SUPPLEMENTARY INFORMATION: [CMS–9957–F3; CMS–9964–F4] I. Background RIN 0938–AR82; RIN 0938–AR74 In FR Doc 2013–25326 (78 FR 65046) the final rule entitled, ‘‘Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014,’’ there were technical errors that are identified and corrected in the regulations text of this correcting amendment. The provisions of this correcting amendment are effective July 2, 2014. wreier-aviles on DSK5TPTVN1PROD with RULES Patient Protection and Affordable Care Act; Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014; Correcting Amendment Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correcting amendment. AGENCY: In the October 30, 2013 issue of the Federal Register (78 FR 65046), we published a final rule entitled, SUMMARY: VerDate Mar<15>2010 14:14 Jul 01, 2014 Jkt 232001 II. Summary of Errors in the Regulations Text On page 65094 of the October 30, 2013 Federal Register final rule, in the PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 amendatory instructions for 45 CFR 153.530, we stated that we were amending paragraphs (b) and (c). However, we revised § 153.530(b) incorrectly. The language in paragraphs (b)(1)(i) and (b)(1)(ii) was inserted inadvertently, and duplicates the language that is correctly included in paragraphs (b)(2)(i) and (ii). Therefore, we are deleting § 153.530 (b)(1)(i) and (b)(1)(ii). We note that we are not making any other changes to § 153.530. 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. E:\FR\FM\02JYR1.SGM 02JYR1 37662 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations This 30-day delay in effective date can be waived, however, 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 document merely corrects technical errors related to one provision in the Program Integrity: Exchange, Premium Stabilization Programs, and Market Standards; Amendments to the HHS Notice of Benefit and Payment Parameters for 2014 final rule that was published on October 30, 2013 and became effective on December 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 in 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. Accordingly, the Department of Health and Human Services is making the following correcting amendment to 45 CFR part 153. PART 153—STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT 1. The authority citation for part 153 continues to read as follows: wreier-aviles on DSK5TPTVN1PROD with RULES ■ Authority: Secs. 1311, 1321, 1341–1343, Pub. L. 111–148, 24 Stat. 119. § 153.530 [Corrected] 2. In § 153.530, remove paragraphs (b)(1)(i) and (b)(1)(ii). ■ VerDate Mar<15>2010 16:56 Jul 01, 2014 Jkt 232001 Dated: June 25, 2014. C’Reda Weeden, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2014–15560 Filed 7–1–14; 8:45 am] BILLING CODE 4120–01–P FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 14–07] RIN 3072–AC55 Inflation Adjustment of Civil Monetary Penalties Federal Maritime Commission. Final rule. AGENCY: ACTION: This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The rule adjusts for inflation the maximum amount of each statutory civil penalty subject to Federal Maritime Commission (Commission) jurisdiction in accordance with the requirements of that Act. DATES: Effective July 11, 2014. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Room 1046, Washington, DC 20573, (202) 523–5725. SUPPLEMENTARY INFORMATION: This rule implements the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, Title III, section 31001(s)(1), April 26, 1996, 110 Stat. 1321–373. The DCIA amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, 28 U.S.C. 2461 note, to require the head of each executive agency to adopt regulations that adjust the maximum civil monetary penalties (CMPs) assessable under its agency’s jurisdiction at least every four years to ensure that they continue to maintain their deterrent value.1 The Commission last adjusted each CMP subject to its jurisdiction effective July 31, 2009. (74 FR 38114, July 28, 2009). The inflation adjustment under the FCPIAA is to be determined by increasing the maximum CMP by the cost-of-living, rounded off as set forth in section 5(a) of that Act. The cost-ofliving adjustment is the percentage (if any) for each CMP by which the Consumer Price Index (CPI) 2 for the SUMMARY: 1 Increased CMPS are applicable only to violations occurring after the increase takes effect. 2 The CPI defined in the FCPIAA is the U.S. Department of Labor’s Consumer Price Index for all- PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 month of June of the calendar year preceding the adjustment, exceeds the CPI for the month of June of the calendar year in which the amount of such CMP was last set or adjusted pursuant to law. One example of an inflation adjustment is as follows. Section 13 of the Shipping Act of 1984 (1984 Act), 46 U.S.C. 41107, imposes a maximum $25,000 penalty for a knowing and willful violation of the 1984 Act which was inflation adjusted in 2009 to $40,000. First, to calculate the new CMP amounts under the amendment, we determine the appropriate CPI–U for June of the calendar year preceding the adjustment. Given that we are adjusting the CMPs in 2013, we use the CPI–U for June of 2012, which was 229.478. The CPI–U for June of the year the CMP was last adjusted for inflation must also be determined. The Commission last adjusted this CMP in 2009, therefore we use the CPI–U for June of 2009, which was 215.693. Using those figures, we calculate the cost-of-living adjustment by dividing the CPI–U for June of 2012 (229.478) by the CPI–U for June of 2009 (215.693). Our result is 1.0639. Second, we calculate the raw inflation adjustment (the inflation adjustment prior to rounding) by multiplying the maximum penalty amount by the costof-living adjustment. In our example, $40,000 multiplied by the cost-of-living adjustment of 1.0639 equals $42,556. Third, we use the rounding rules set forth in Section 5(a) of the FCIPAA. In order to round only the increase amount, we subtract the current maximum penalty amount ($40,000) from the raw maximum inflation adjustment ($42,556), equaling $2,556. Under Section 5(a), if the penalty is greater than $10,000 but less than or equal to $100,000, we round the increase to the nearest multiple of $5,000. Therefore, the maximum penalty increase in our example is $5,000. Finally, the rounded increase is added to the maximum penalty amount last set or adjusted. Here, $40,000 plus $5,000 equals a maximum inflation adjustment penalty amount of $45,000. A similar calculation was done with respect to each CMP subject to the jurisdiction of the Commission. In compliance with the FCPIAA, as amended, the Commission is hereby amending 46 CFR 506.4(d) of its regulations which sets forth the newly adjusted maximum penalty amounts. This final rule has been issued without prior public notice or urban consumers (‘‘CPI–U’’). 28 U.S.C. 2461 note (3)(3). E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Rules and Regulations]
[Pages 37661-37662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15560]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 153

[CMS-9957-F3; CMS-9964-F4]
RIN 0938-AR82; RIN 0938-AR74


Patient Protection and Affordable Care Act; Program Integrity: 
Exchange, Premium Stabilization Programs, and Market Standards; 
Amendments to the HHS Notice of Benefit and Payment Parameters for 
2014; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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

SUMMARY: In the October 30, 2013 issue of the Federal Register (78 FR 
65046), we published a final rule entitled, ``Program Integrity: 
Exchange, Premium Stabilization Programs, and Market Standards; 
Amendments to the HHS Notice of Benefit and Payment Parameters for 
2014.'' The effective date was December 30, 2013. This correcting 
amendment corrects technical and typographical errors identified in the 
October 30, 2013 final rule.

DATES: This correcting amendment is effective July 2, 2014.

FOR FURTHER INFORMATION CONTACT: Jaya Ghildiyal, (301) 492-5149.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc 2013-25326 (78 FR 65046) the final rule entitled, 
``Program Integrity: Exchange, Premium Stabilization Programs, and 
Market Standards; Amendments to the HHS Notice of Benefit and Payment 
Parameters for 2014,'' there were technical errors that are identified 
and corrected in the regulations text of this correcting amendment. The 
provisions of this correcting amendment are effective July 2, 2014.

II. Summary of Errors in the Regulations Text

    On page 65094 of the October 30, 2013 Federal Register final rule, 
in the amendatory instructions for 45 CFR 153.530, we stated that we 
were amending paragraphs (b) and (c). However, we revised Sec.  
153.530(b) incorrectly. The language in paragraphs (b)(1)(i) and 
(b)(1)(ii) was inserted inadvertently, and duplicates the language that 
is correctly included in paragraphs (b)(2)(i) and (ii). Therefore, we 
are deleting Sec.  153.530 (b)(1)(i) and (b)(1)(ii). We note that we 
are not making any other changes to Sec.  153.530.

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.

[[Page 37662]]

This 30-day delay in effective date can be waived, however, 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 document merely corrects technical errors related to one 
provision in the Program Integrity: Exchange, Premium Stabilization 
Programs, and Market Standards; Amendments to the HHS Notice of Benefit 
and Payment Parameters for 2014 final rule that was published on 
October 30, 2013 and became effective on December 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 in 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.

    Accordingly, the Department of Health and Human Services is making 
the following correcting amendment to 45 CFR part 153.

PART 153--STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND 
RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT

0
1. The authority citation for part 153 continues to read as follows:

    Authority: Secs. 1311, 1321, 1341-1343, Pub. L. 111-148, 24 
Stat. 119.


Sec.  153.530  [Corrected]

0
2. In Sec.  153.530, remove paragraphs (b)(1)(i) and (b)(1)(ii).

    Dated: June 25, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-15560 Filed 7-1-14; 8:45 am]
BILLING CODE 4120-01-P
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