Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Correcting Amendment, 47045-47046 [2016-17157]
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47045
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
Polymer
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[FR Doc. 2016–17165 Filed 7–19–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 457
[CMS–2390–F2]
RIN–0938–AS25
Medicaid and Children’s Health
Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP
Delivered in Managed Care, and
Revisions Related to Third Party
Liability; Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects a
technical error that appeared in the final
rule published in the May 6, 2016
Federal Register (81 FR 27498 through
27901) entitled, ‘‘Medicaid and
Children’s Health Insurance Program
(CHIP) Programs; Medicaid Managed
Care, CHIP Delivered in Managed Care,
and Revisions Related to Third Party
Liability.’’ The effective date for the rule
was July 5, 2016.
DATES: Effective Date: This correcting
document is effective July 18, 2016.
Applicability Date: The corrections
indicated in this document are
applicable beginning July 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Melissa Williams, (410) 786–4435,
CHIP.
SUMMARY:
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
I. Background
In FR Doc. 2016–09581 (81 FR 27498
through 27901), the final rule entitled,
‘‘Medicaid and Children’s Health
Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP
Delivered in Managed Care, and
Revisions Related to Third Party
Liability’’ there was a technical error
that is identified and corrected in this
correcting document. The correction is
applicable as of July 5, 2016.
VerDate Sep<11>2014
14:53 Jul 19, 2016
Jkt 238001
CAS No.
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II. Summary of Errors in the
Regulations Text
On page 27896 of the Medicaid and
Children’s Health Insurance Program
(CHIP) Programs; Medicaid Managed
Care, CHIP Delivered in Managed Care,
and Revisions Related to Third Party
Liability final rule, we made a technical
error in the regulation text of § 457.10.
In this paragraph, we inadvertently
omitted an amendatory instruction to
add the definition of ‘‘Federally
Qualified HMO’’ in alphabetical order.
Accordingly, we are revising the
amendatory instruction for § 457.10 to
add this definition as it was published
in the May 6, 2016 Federal Register.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is required to publish a
notice of the proposed rule in the
Federal Register before the provisions
of a rule take effect. In addition, section
553(d) of the APA mandates a 30-day
delay in effective date after issuance or
publication of a rule. Sections 553(b)(B)
and 553(d)(3) of the APA provide for
exceptions from the APA notice and
comment, and delay in effective date
requirements. Section 553(b)(B) of the
APA authorizes an agency to dispense
with normal notice and comment
rulemaking procedures for good cause if
the agency makes a finding that the
notice and comment process is
impracticable, unnecessary, or contrary
to the public interest; and includes a
statement of the finding and the reasons
for it in the notice. In addition, section
553(d)(3) of the APA allows the agency
to avoid the 30-day delay in effective
date where such delay is contrary to the
public interest and the agency includes
in the rule a statement of the finding
and the reasons for it.
In our view, this correcting document
does not constitute a rulemaking that
would be subject to these requirements.
This document merely corrects
technical errors in the Medicaid and
Children’s Health Insurance Program
(CHIP) Programs; Medicaid Managed
Care, CHIP Delivered in Managed Care,
and Revisions Related to Third Party
Liability final rule. The corrections
contained in this document are
consistent with, and do not make
substantive changes to, the policies and
payment methodologies that were
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
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adopted subject to notice and comment
procedures in the Medicaid and
Children’s Health Insurance Program
(CHIP) Programs; Medicaid Managed
Care, CHIP Delivered in Managed Care,
and Revisions Related to Third Party
Liability final rule. As a result, the
corrections made through this correcting
document are intended to ensure that
the Medicaid and Children’s Health
Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP
Delivered in Managed Care, and
Revisions Related to Third Party
Liability final rule accurately reflects
the policies adopted in that rule.
Even if this were a rulemaking to
which the notice and comment and
delayed effective date requirements
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
Medicaid and Children’s Health
Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP
Delivered in Managed Care, and
Revisions Related to Third Party
Liability final rule or delaying the
effective date of the corrections would
be contrary to the public interest
because it is in the public interest to
ensure that the Medicaid and Children’s
Health Insurance Program (CHIP)
Programs; Medicaid Managed Care,
CHIP Delivered in Managed Care, and
Revisions Related to Third Party
Liability final rule accurately reflects
our final policies as soon as possible
following the date they take effect.
Further, such procedures would be
unnecessary, because we are not altering
the payment methodologies or policies
or making any substantive revision to
the description of the definition as
proposed or purported to be finalized in
the preamble of the final rule, but
rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received comment on, and subsequently
finalized. This correcting document is
intended solely to ensure that the
Medicaid and Children’s Health
Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP
Delivered in Managed Care, and
Revisions Related to Third Party
Liability final rule accurately reflects
these policies. For these reasons, we
believe there is good cause to waive the
E:\FR\FM\20JYR1.SGM
20JYR1
47046
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
requirements for notice and comment
and delay in effective date.
List of Subjects in 42 CFR Part 457
Administrative practice and
procedure, Grant programs-health,
Health insurance, Reporting and
recordkeeping requirements.
Accordingly, 42 CFR chapter IV is
corrected by making the following
correcting amendment to part 457:
1. The authority citation for part 457
continues to read as follows:
■
Authority: Section 1102 of the Social
Security Act (42 U.S.C. 1302).
2. Section 457.10 is amended by
adding the definition of ‘‘Federally
Qualified HMO’’ in alphabetical order to
read as follows:
■
Definitions and use of terms.
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*
*
*
*
Federally qualified HMO means an
HMO that CMS has determined is a
qualified HMO under section 2791(b)(3)
of the Public Health Service Act.
*
*
*
*
*
Dated: July 14, 2016.
Madhura Valverde,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2016–17157 Filed 7–18–16; 4:15 pm]
BILLING CODE 4120–01–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Part 752
RIN 0412–AA82
Agency for International Development
Acquisition Regulation (AIDAR):
Preference for Privately Owned U.S.Flag Commercial Vessels.
U.S. Agency for International
Development.
ACTION: Direct final rule.
AGENCY:
The U.S. Agency for
International Development (USAID) is
revising the Agency for International
Development Acquisition Regulation
(AIDAR) clause to conform to the
current requirements of the Cargo
Preference Act of 1954 and provide upto-date submission instructions to the
Maritime Administration (MARAD).
DATES: This rule is effective October 18,
2016 without further action, unless
adverse comments are received by
September 19, 2016. If adverse
comments are received, USAID will
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:53 Jul 19, 2016
Jkt 238001
Address all comments
concerning this notice to Lyudmila
Bond, Bureau for Management, Office of
Acquisition and Assistance, Policy
Division (M/OAA/P), Room 867J, SA–
44, Washington, DC 20523–2052.
Submit comments, identified by title of
the action and Regulation Identifier
Number (RIN) by any of the following
methods:
1. Through the Federal eRulemaking
Portal at https://www.regulations.gov by
following the instructions for submitting
comments.
2. By Email: Submit electronic
comments to lbond@usaid.gov. See
SUPPLEMENTARY INFORMATION for file
formats and other information about
electronic filing.
3. By Mail addressed to: USAID,
Bureau for Management, Office of
Acquisition & Assistance, Policy
Division, Room 867J, SA–44, 1300
Pennsylvania Ave. NW., Washington,
DC 20523–2052.
FOR FURTHER INFORMATION CONTACT:
Lyudmila Bond, Telephone: 202–567–
4753 or Email: lbond@usaid.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PART 457—ALLOTMENTS AND
GRANTS TO STATES
§ 457.10
publish a timely withdrawal of this rule
in the Federal Register. Submit
comments on or before September 19,
2016.
A. Instructions
All comments must be in writing and
submitted through one of the methods
specified in the ADDRESSES section
above. All submissions must include the
title of the action and RIN for this
rulemaking. Please include your name,
title, organization, postal address,
telephone number, and email address in
the text of the message.
Comments submitted by email must
be included in the text of the email or
attached as a PDF file. Please avoid
using special characters and any form of
encryption. Please note that USAID
recommends sending all comments to
the Federal eRulemaking Portal because
security screening precautions have
slowed the delivery and dependability
of surface mail to USAID/Washington.
After receipt of a comment and until
finalization of the action, all comments
will be made available at https://
www.regulations.gov for public review
without change, including any personal
information provided. We recommend
you do not submit information that you
consider Confidential Business
Information (CBI) or any information
that is otherwise protected from
disclosure by statute.
USAID is publishing this revision as
a direct final rule as the Agency views
this as a conforming and administrative
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
amendment and does not anticipate any
adverse comments. This rule will be
effective on the date specified in the
DATES section above without further
notice unless adverse comment(s) are
received by the date specified in the
DATES section above.
USAID will only address substantive
comments on the rule. Comments that
are insubstantial or outside the scope of
the rule may not be considered.
If adverse comments are received on
the direct final rule, USAID will publish
a timely withdrawal in the Federal
Register informing the public that this
rule will not take effect. If no adverse
comments are received, this final rule
will become final after the designated
period. Additionally, USAID is
publishing a separate document in the
‘‘Proposed Rules’’ section of this
Federal Register that will serve as the
proposal to approve these AIDAR
revisions if adverse comments are
received.
USAID will address all public
comments in a subsequent final rule
based on the proposed rule. USAID will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time.
B. Background
USAID is revising AIDAR section
752.247–70, Preference for privately
owned U.S.-flag commercial vessels to
conform to the current requirements of
the Cargo Preference Act of 1954. The
Act mandates that at least 50 percent of
the gross tonnage of all Government
generated cargo be transported on
privately owned, U.S.-flag commercial
vessels, to the extent such vessels are
available at fair and reasonable rates.
Other changes to the clause include upto-date submission requirements to the
Maritime Administration (MARAD).
The changes will not impose any
additional requirements on contractors.
C. Impact assessment
(1) Regulatory Planning and Review
Under E.O. 12866, USAID must
determine whether a regulatory action is
‘‘significant’’ and therefore subject to
the requirements of the E.O. and subject
to review by the Office of Management
and Budget (OMB). USAID has
determined that this Rule is not an
‘‘economically significant regulatory
action’’ under Section 3(f)(1) of E.O.
12866. This rule is not a major rule
under 5 U.S.C. 804.
(2) Regulatory Flexibility Act
The rule will not have an impact on
a substantial number of small entities
within the meaning of the Regulatory
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47045-47046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17157]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 457
[CMS-2390-F2]
RIN-0938-AS25
Medicaid and Children's Health Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions
Related to Third Party Liability; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects a technical error that appeared in the
final rule published in the May 6, 2016 Federal Register (81 FR 27498
through 27901) entitled, ``Medicaid and Children's Health Insurance
Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in
Managed Care, and Revisions Related to Third Party Liability.'' The
effective date for the rule was July 5, 2016.
DATES: Effective Date: This correcting document is effective July 18,
2016.
Applicability Date: The corrections indicated in this document are
applicable beginning July 5, 2016.
FOR FURTHER INFORMATION CONTACT: Melissa Williams, (410) 786-4435,
CHIP.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2016-09581 (81 FR 27498 through 27901), the final rule
entitled, ``Medicaid and Children's Health Insurance Program (CHIP)
Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and
Revisions Related to Third Party Liability'' there was a technical
error that is identified and corrected in this correcting document. The
correction is applicable as of July 5, 2016.
II. Summary of Errors in the Regulations Text
On page 27896 of the Medicaid and Children's Health Insurance
Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in
Managed Care, and Revisions Related to Third Party Liability final
rule, we made a technical error in the regulation text of Sec. 457.10.
In this paragraph, we inadvertently omitted an amendatory instruction
to add the definition of ``Federally Qualified HMO'' in alphabetical
order. Accordingly, we are revising the amendatory instruction for
Sec. 457.10 to add this definition as it was published in the May 6,
2016 Federal Register.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA),
the agency is required to publish a notice of the proposed rule in the
Federal Register before the provisions of a rule take effect. In
addition, section 553(d) of the APA mandates a 30-day delay in
effective date after issuance or publication of a rule. Sections
553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA
notice and comment, and delay in effective date requirements. Section
553(b)(B) of the APA authorizes an agency to dispense with normal
notice and comment rulemaking procedures for good cause if the agency
makes a finding that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest; and includes a
statement of the finding and the reasons for it in the notice. In
addition, section 553(d)(3) of the APA allows the agency to avoid the
30-day delay in effective date where such delay is contrary to the
public interest and the agency includes in the rule a statement of the
finding and the reasons for it.
In our view, this correcting document does not constitute a
rulemaking that would be subject to these requirements. This document
merely corrects technical errors in the Medicaid and Children's Health
Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP
Delivered in Managed Care, and Revisions Related to Third Party
Liability final rule. The corrections contained in this document are
consistent with, and do not make substantive changes to, the policies
and payment methodologies that were adopted subject to notice and
comment procedures in the Medicaid and Children's Health Insurance
Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in
Managed Care, and Revisions Related to Third Party Liability final
rule. As a result, the corrections made through this correcting
document are intended to ensure that the Medicaid and Children's Health
Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP
Delivered in Managed Care, and Revisions Related to Third Party
Liability final rule accurately reflects the policies adopted in that
rule.
Even if this were a rulemaking to which the notice and comment and
delayed effective date requirements 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 Medicaid and Children's Health Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions
Related to Third Party Liability final rule or delaying the effective
date of the corrections would be contrary to the public interest
because it is in the public interest to ensure that the Medicaid and
Children's Health Insurance Program (CHIP) Programs; Medicaid Managed
Care, CHIP Delivered in Managed Care, and Revisions Related to Third
Party Liability final rule accurately reflects our final policies as
soon as possible following the date they take effect. Further, such
procedures would be unnecessary, because we are not altering the
payment methodologies or policies or making any substantive revision to
the description of the definition as proposed or purported to be
finalized in the preamble of the final rule, but rather, we are simply
correcting the Federal Register document to reflect the policies that
we previously proposed, received comment on, and subsequently
finalized. This correcting document is intended solely to ensure that
the Medicaid and Children's Health Insurance Program (CHIP) Programs;
Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions
Related to Third Party Liability final rule accurately reflects these
policies. For these reasons, we believe there is good cause to waive
the
[[Page 47046]]
requirements for notice and comment and delay in effective date.
List of Subjects in 42 CFR Part 457
Administrative practice and procedure, Grant programs-health,
Health insurance, Reporting and recordkeeping requirements.
Accordingly, 42 CFR chapter IV is corrected by making the following
correcting amendment to part 457:
PART 457--ALLOTMENTS AND GRANTS TO STATES
0
1. The authority citation for part 457 continues to read as follows:
Authority: Section 1102 of the Social Security Act (42 U.S.C.
1302).
0
2. Section 457.10 is amended by adding the definition of ``Federally
Qualified HMO'' in alphabetical order to read as follows:
Sec. 457.10 Definitions and use of terms.
* * * * *
Federally qualified HMO means an HMO that CMS has determined is a
qualified HMO under section 2791(b)(3) of the Public Health Service
Act.
* * * * *
Dated: July 14, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2016-17157 Filed 7-18-16; 4:15 pm]
BILLING CODE 4120-01-P
