Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule, 8247-8248 [2015-03072]
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Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
a. Remove ‘‘Voucher tenancy:’’ from
the section heading;
■ b. In paragraph (a) introductory text,
remove the phrase ‘‘tenant-based
assistance under the voucher program’’
and add in its place ‘‘HCV assistance’’;
■ c. In paragraph (a)(1), remove the
phrase ‘‘tenant-based voucher’’ and add
in its place ‘‘HCV’’ and remove the
phrase ‘‘§ 401.421 of this title’’ and add
in its place ‘‘24 CFR 401.421’’; and
■ d. In paragraph (a)(2), remove ‘‘tenantbased’’ and add in its place ‘‘HCV’’.
■
§ 982.505
[Amended]
29. In § 982.505, remove ‘‘Voucher
tenancy:’’ from the section heading.
■ 30. Revise § 982.516(d)(2) to read as
follows:
■
§ 982.516 Family income and composition:
Regular and interim examinations.
*
*
*
*
*
(d) * * *
(2) At the effective date of a regular or
interim reexamination, the PHA must
make appropriate adjustments in the
housing assistance payment in
accordance with § 982.505.
*
*
*
*
*
§ 982.517
[Amended]
31. In § 982.517(c)(1), capitalize the
word ‘‘a’’ at the beginning of the
paragraph and remove the word ‘‘PHAs’’
and add in its place ‘‘has’’.
■
§§ 982.518, 982.519, and 982.520
[Removed]
■
[Amended]
37. In § 982.601(c)(1), add a period
after ‘‘e.g’’.
■
§ 982.615
[Amended]
39. Revise § 982.619(b)(4) to read as
follows:
RIN 0938–AQ58
■
§ 982.619
Cooperative housing.
*
*
*
*
*
(b) * * *
(4) Adjustments are applied to the
carrying charge as determined in
accordance with this section.
*
*
*
*
*
§ 982.623
[Amended]
40. Amend § 982.623 as follows:
a. Remove paragraph (a);
■ b. Remove the heading of paragraph
(b).
■ c. Redesignate paragraphs (b)(1)
through (4) as paragraphs (a) through
(d), respectively;
■ d. In newly redesignated paragraph
(c), further redesignate paragraphs (i)
and (ii) as paragraphs (c)(1) and (2),
respectively; and
■ e. In newly redesignated paragraph
(d), further redesignate paragraphs (i)
through (iii) as paragraphs (d)(1)
through (3), respectively.
■
■
[Amended]
41. In § 982.625(g)(2), add a space
between ‘‘its’’ and ‘‘Section 8’’.
[Amended]
§ 982.627
[Amended]
[Amended]
42. In § 982.627(c)(2)(ii)(A), remove
the line break between ‘‘voucher’’ and
‘‘program’’.
34. In § 982.522(c)(2)(iii), add ‘‘may’’
before ‘‘consider whether’’.
§ 982.631
§ 982.553
■
■
[Amended]
35. In § 982.553(a)(2)(ii)(B), remove
the phrase ‘‘not to have’’ and add in its
place ‘‘not have’’.
■
§ 982.555
44. In § 982.636(c), add a period after
‘‘e.g’’.
36. Amend § 982.555 as follows:
a. In paragraph (a), add a space
between the paragraph heading and
paragraph (a)(1), capitalize the word ‘‘a’’
at the beginning of paragraph (a)(1),
remove paragraph (a)(1)(iv), and
redesignate paragraphs (a)(1)(v) and (vi)
as paragraphs (a)(1)(iv) and (v),
respectively; and
■ b. In paragraphs (b)(4), (5), (6), and (7),
capitalize the word ‘‘a’’ at the beginning
of each paragraph.
tkelley on DSK3SPTVN1PROD with RULES
■
■
16:17 Feb 13, 2015
[Amended]
■
[Amended]
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[Amended]
43. In § 982.631(c)(2)(iii), remove the
line break between ‘‘unit’’ and ‘‘unless’’.
§ 982.636
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§ 982.641
[Amended]
45. In § 982.641(c)(3), in the crossreference ‘‘§ 982.353(b)(1), (2), and (3)’’,
remove ‘‘(b)(1),(2), and (3)’’.
■
Dated: February 9, 2015.
Jemine A. Bryon,
Acting Assistant Secretary for Public and
Indian Housing.
[FR Doc. 2015–03037 Filed 2–13–15; 8:45 am]
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[CMS–6037–RCN]
Medicare Program; Reporting and
Returning of Overpayments; Extension
of Timeline for Publication of the Final
Rule
Centers for Medicare &
Medicaid Services (CMS).
ACTION: Extension of timeline for
publication of a final rule.
AGENCY:
This document announces the
extension of the timeline for publication
of the ‘‘Medicare Program; Reporting
and Returning of Overpayments’’ final
rule. We are issuing this notice in
accordance with the Social Security Act
(the Act) which requires notice to be
provided in the Federal Register if there
are exceptional circumstances that
cause us to publish a final rule more
than 3 years after the publication date
of the proposed rule. In this case, the
complexity of the rule and scope of
comments warrants the extension of the
timeline for publication.
DATES: As of February 17, 2015, CMS
extends by 1 year the timeline for
publication of a final rule concerning
policies and procedures for reporting
and returning overpayments to the
Medicare program for providers and
suppliers of services under Parts A and
B of title XVIII as outlined in the
proposed rule published February 16,
2012, at 77 FR 9179.
FOR FURTHER INFORMATION CONTACT: Joe
Strazzire, (410) 786–2775.
SUPPLEMENTARY INFORMATION:
SUMMARY:
■
§ 982.552
Centers for Medicare & Medicaid
Services
42 CFR Parts 401 and 405
■
33. Remove § 982.521(c).
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
38. In § 982.615(b), remove ‘‘HA’’ and
add in its place ‘‘PHA’’.
■
§ 982.625
32. Remove §§ 982.518 through
982.520.
■
§ 982.521
§ 982.601
8247
Sfmt 4700
I. Background
Section 1871(a)(3)(A) of the Social
Security Act (the Act) requires the
Secretary, in consultation with the
Director of the Office of Management
and Budget (OMB), to establish a regular
timeline for the publication of a final
rule based on the previous publication
of a proposed rule or an interim final
rule. In accordance with section
1871(a)(3)(B) of the Act, such regular
timeline may vary among different final
rules, based on the complexity of the
rule, the number and scope of the
comments received, and other relevant
factors. The timeline for publishing the
final rule, however, cannot exceed 3
years from the date of publication of the
proposed or interim final rule, unless
E:\FR\FM\17FER1.SGM
17FER1
8248
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
there are exceptional circumstances.
After consultation with the Director of
OMB, the Department, through CMS,
published a notice in the December 30,
2004 Federal Register (69 FR 78442)
establishing a general 3-year timeline for
publishing Medicare final rules after the
publication of a proposed or interim
final rule.
II. Notice of Continuation
The Medicare program (title XVIII of
the Act) is the primary payer of health
care for approximately 50 million
enrolled beneficiaries. Providers and
suppliers furnishing Medicare items and
services must comply with the Medicare
requirements set forth in the Act and in
CMS regulations. The requirements are
meant to ensure compliance with
applicable statutes, promote the
furnishing of high quality care, and to
protect the Medicare Trust Funds
against fraud and improper payments.
On March 23, 2010, the Affordable
Care Act was enacted. Section 6402(a) of
the Affordable Care Act established a
new section 1128J(d) of the Act. Section
1128J(d)(1) of the Act requires a person
who has received an overpayment to
report and return the overpayment to
the Secretary, the State, an
intermediary, a carrier, or a contractor,
as appropriate, at the correct address,
and to notify the Secretary, State,
intermediary, carrier or contractor to
whom the overpayment was returned in
writing of the reason for the
overpayment. Section 1128J(d)(2) of the
Act requires that an overpayment be
reported and returned by the later of—
(A) the date which is 60 days after the
date on which the overpayment was
identified; or (B) the date any
corresponding cost report is due, if
applicable. Section 1128J(d)(3) of the
Act specifies that any overpayment
retained by a person after the deadline
for reporting and returning an
overpayment is an obligation (as defined
in 31 U.S.C. 3729(b)(3)) for purposes of
31 U.S.C. 3729.
In the February 16, 2012 Federal
Register (77 FR 9179), we published a
proposed rule that would implement the
provisions of section 1128J(d) of the Act
as to Medicare Parts A and B. This
notice extends by 1 year the timeline for
publication of a final rule concerning
policies and procedures for reporting
and returning overpayments to the
Medicare program for providers and
suppliers of services under Parts A and
B of title XVIII as outlined in the
February 16, 2012 proposed rule.
However we continue to remind all
stakeholders that even without a final
regulation they are subject to the
statutory requirements found in section
VerDate Sep<11>2014
16:17 Feb 13, 2015
Jkt 235001
1128J(d) of the Act and could face
potential False Claims Act liability,
Civil Monetary Penalties Law liability,
and exclusion from Federal health care
programs for failure to report and return
an overpayment.
Based on both public comments
received and internal stakeholder
feedback, we have determined that there
are significant policy and operational
issues that need to be resolved in order
to address all of the issues raised by
comments to the proposed rule and to
ensure appropriate coordination with
other government agencies. Specifically,
the development of the final rule
requires collaboration among both the
Department of Health and Human
Services’ (HHS’) Office of the Inspector
General and the Department of Justice.
Our decision to extend the timeline
for issuing a final regulation related to
the reporting and returning of Medicare
overpayments should not be viewed as
a diminution of the Department’s
commitment to timely and effective
rulemaking in this area. Our goal
remains to publish a final rule that
provides clear requirements for persons
to report and return Medicare
overpayments. At this time, we believe
we can best achieve this balance by
issuing this continuation notice.
This notice extends the timeline for
publication of the final rule for this
rulemaking for 1 year—until February
16, 2016.
III. Collection of Information
This document does not impose
information collection requirements,
that is, reporting, recordkeeping or
third-party disclosure requirements.
Consequently, there is no need for
review by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995.
IV. Regulatory Impact Statement
This document extends the timeline
for publication of the Medicare Program;
Reporting and Returning of
Overpayments final rule; and therefore,
there are no regulatory impact
implications associated with this notice.
Authority: Section 1871 of the Social
Security Act (42 U.S.C. 1395hh).
Dated: February 9, 2015.
C’Reda Weeden,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2015–03072 Filed 2–13–15; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2
[GN Docket No. 13–185; FCC 14–31]
Commercial Operations in the 1695–
1710 MHz, 1755–1780 MHz, and 2155–
2180 MHz Bands
Federal Communications
Commission.
ACTION: Final rules; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years a
non-substantive change to a currently
approved information collection
requirements contained in the
regulations in the ‘‘Commercial
Operations in the 1695–1710 MHz,
1755–1780 MHz, and 2155–2180 MHz.’’
The information collection requirement
was approved on December 23, 2014 by
OMB.
DATES: The amendments to 47 CFR
2.1033(c)(19)(i) through (ii), published
at 79 FR 32410, June 4, 2014, is effective
February 17, 2015.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Nancy
Brooks on (202) 418–2454 or email
Nancy.Brooks@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that on December
23, 2014, OMB approved, for a period of
three years a non-substantive change to
a currently approved information
collection requirement contained in 47
CFR 2.1033(c)(19)(i) through (ii). The
Commission publishes this document to
announce the effective date of this rule
section. See, Amendment of the
Commission’s rules with Regard to
Commercial Operations in the 1695–
1710 MHz, 1755–1780 MHz, and 2155–
2180 MHz, GN Docket No. 13–85; FCC
14–31, 79 FR 32410, June 4, 2014.
SUMMARY:
Synopsis
As required by the Paperwork
Reduction Act of 1995, (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
December 23, 2014, for the information
collection requirement contained in 47
CFR 2.1033(c)(19)(i) through (ii). Under
5 CFR part 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
E:\FR\FM\17FER1.SGM
17FER1
]]>Agencies
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Rules and Regulations]
[Pages 8247-8248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03072]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 401 and 405
[CMS-6037-RCN]
RIN 0938-AQ58
Medicare Program; Reporting and Returning of Overpayments;
Extension of Timeline for Publication of the Final Rule
AGENCY: Centers for Medicare & Medicaid Services (CMS).
ACTION: Extension of timeline for publication of a final rule.
-----------------------------------------------------------------------
SUMMARY: This document announces the extension of the timeline for
publication of the ``Medicare Program; Reporting and Returning of
Overpayments'' final rule. We are issuing this notice in accordance
with the Social Security Act (the Act) which requires notice to be
provided in the Federal Register if there are exceptional circumstances
that cause us to publish a final rule more than 3 years after the
publication date of the proposed rule. In this case, the complexity of
the rule and scope of comments warrants the extension of the timeline
for publication.
DATES: As of February 17, 2015, CMS extends by 1 year the timeline for
publication of a final rule concerning policies and procedures for
reporting and returning overpayments to the Medicare program for
providers and suppliers of services under Parts A and B of title XVIII
as outlined in the proposed rule published February 16, 2012, at 77 FR
9179.
FOR FURTHER INFORMATION CONTACT: Joe Strazzire, (410) 786-2775.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1871(a)(3)(A) of the Social Security Act (the Act) requires
the Secretary, in consultation with the Director of the Office of
Management and Budget (OMB), to establish a regular timeline for the
publication of a final rule based on the previous publication of a
proposed rule or an interim final rule. In accordance with section
1871(a)(3)(B) of the Act, such regular timeline may vary among
different final rules, based on the complexity of the rule, the number
and scope of the comments received, and other relevant factors. The
timeline for publishing the final rule, however, cannot exceed 3 years
from the date of publication of the proposed or interim final rule,
unless
[[Page 8248]]
there are exceptional circumstances. After consultation with the
Director of OMB, the Department, through CMS, published a notice in the
December 30, 2004 Federal Register (69 FR 78442) establishing a general
3-year timeline for publishing Medicare final rules after the
publication of a proposed or interim final rule.
II. Notice of Continuation
The Medicare program (title XVIII of the Act) is the primary payer
of health care for approximately 50 million enrolled beneficiaries.
Providers and suppliers furnishing Medicare items and services must
comply with the Medicare requirements set forth in the Act and in CMS
regulations. The requirements are meant to ensure compliance with
applicable statutes, promote the furnishing of high quality care, and
to protect the Medicare Trust Funds against fraud and improper
payments.
On March 23, 2010, the Affordable Care Act was enacted. Section
6402(a) of the Affordable Care Act established a new section 1128J(d)
of the Act. Section 1128J(d)(1) of the Act requires a person who has
received an overpayment to report and return the overpayment to the
Secretary, the State, an intermediary, a carrier, or a contractor, as
appropriate, at the correct address, and to notify the Secretary,
State, intermediary, carrier or contractor to whom the overpayment was
returned in writing of the reason for the overpayment. Section
1128J(d)(2) of the Act requires that an overpayment be reported and
returned by the later of-- (A) the date which is 60 days after the date
on which the overpayment was identified; or (B) the date any
corresponding cost report is due, if applicable. Section 1128J(d)(3) of
the Act specifies that any overpayment retained by a person after the
deadline for reporting and returning an overpayment is an obligation
(as defined in 31 U.S.C. 3729(b)(3)) for purposes of 31 U.S.C. 3729.
In the February 16, 2012 Federal Register (77 FR 9179), we
published a proposed rule that would implement the provisions of
section 1128J(d) of the Act as to Medicare Parts A and B. This notice
extends by 1 year the timeline for publication of a final rule
concerning policies and procedures for reporting and returning
overpayments to the Medicare program for providers and suppliers of
services under Parts A and B of title XVIII as outlined in the February
16, 2012 proposed rule. However we continue to remind all stakeholders
that even without a final regulation they are subject to the statutory
requirements found in section 1128J(d) of the Act and could face
potential False Claims Act liability, Civil Monetary Penalties Law
liability, and exclusion from Federal health care programs for failure
to report and return an overpayment.
Based on both public comments received and internal stakeholder
feedback, we have determined that there are significant policy and
operational issues that need to be resolved in order to address all of
the issues raised by comments to the proposed rule and to ensure
appropriate coordination with other government agencies. Specifically,
the development of the final rule requires collaboration among both the
Department of Health and Human Services' (HHS') Office of the Inspector
General and the Department of Justice.
Our decision to extend the timeline for issuing a final regulation
related to the reporting and returning of Medicare overpayments should
not be viewed as a diminution of the Department's commitment to timely
and effective rulemaking in this area. Our goal remains to publish a
final rule that provides clear requirements for persons to report and
return Medicare overpayments. At this time, we believe we can best
achieve this balance by issuing this continuation notice.
This notice extends the timeline for publication of the final rule
for this rulemaking for 1 year--until February 16, 2016.
III. Collection of Information
This document does not impose information collection requirements,
that is, reporting, recordkeeping or third-party disclosure
requirements. Consequently, there is no need for review by the Office
of Management and Budget under the authority of the Paperwork Reduction
Act of 1995.
IV. Regulatory Impact Statement
This document extends the timeline for publication of the Medicare
Program; Reporting and Returning of Overpayments final rule; and
therefore, there are no regulatory impact implications associated with
this notice.
Authority: Section 1871 of the Social Security Act (42 U.S.C.
1395hh).
Dated: February 9, 2015.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2015-03072 Filed 2-13-15; 8:45 am]
BILLING CODE 4120-01-P
