Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Corrections, 53031-53032 [2016-19108]

Download as PDF sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), the EPA grants a State’s application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for the EPA, when it reviews a State authorization application; to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the Executive Order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. VerDate Sep<11>2014 15:58 Aug 10, 2016 Jkt 238001 Because this rule authorizes pre-existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This action will be effective October 11, 2016. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: July 14, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016–18433 Filed 8–10–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Parts 144, 147, 153, 154, 155, 156, and 158 [CMS–9937–F2] RIN–0938–AS57 Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Corrections Centers for Medicare & Medicaid Services (CMS), HHS. AGENCY: PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 53031 Final rule; correction and correcting amendment. ACTION: This document corrects technical and typographical errors that appeared in the final rule published in the March 8, 2016 Federal Register (81 FR 12204 through 12352) entitled ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017.’’ The effective date for the rule was May 9, 2016. DATES: Effective Date: This correcting document is effective August 11, 2016. Applicability Date: The corrections indicated in this document are applicable beginning May 9, 2016. FOR FURTHER INFORMATION CONTACT: Allison Yadsko (410) 786–1740. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2016–04439 (81 FR 12204), the final rule entitled ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017’’ (2017 Payment Notice), there were technical errors that are identified and corrected in section IV, the Correction of Errors. These corrections are applicable as of May 9, 2016. II. Summary of Errors A. Summary of Errors in the Preamble On page 12296, the phrase ‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of this paragraph’’ should include a reference to ‘‘(c)(3)(ii).’’ This correction clarifies how the provisions are at least as stringent as the requirements of paragraph (c) and aligns with the next paragraph that clarifies we do not believe that applying timeframes less stringent than those in the current § 156.122(c) would benefit enrollees. On pages 12310 and 12311 the word ‘‘consecutive’’ should have been attached to the description of the grace period for enrollees receiving advance payments of the premium tax credit (APTC), for the description to be consistent with the regulation text that was promulgated prior to the Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2017; Final Rule. This correction accurately reflects the length of the grace period for enrollees receiving APTC as being 3 consecutive months. B. Summary of Errors in Regulation Text On page 12349, in § 156.122(c)(4)(i)(D), we inadvertently omitted a cross-reference to paragraph (c)(3)(ii). E:\FR\FM\11AUR1.SGM 11AUR1 53032 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES On page 12350, in § 156.270(d) introductory text, we inadvertently omitted the word ‘‘consecutive’’ from the language describing the length of the grace period for enrollees receiving APTC. 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. Section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(3)(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)(3)(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 typographical and technical errors in the 2017 Payment Notice. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies that were adopted subject to notice and comment procedures in the 2017 Payment Notice. As a result, the corrections made through this correcting document are intended to ensure that the 2017 Payment Notice 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 2017 Payment Notice 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 2017 Payment Notice accurately reflects our final policies as soon as possible following the date they take effect. Further, such procedures VerDate Sep<11>2014 15:58 Aug 10, 2016 Jkt 238001 would be unnecessary, because we are not altering the payment methodologies or policies, 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 2017 Payment Notice accurately reflects these policies. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date. IV. Correction of Errors in the Preamble In FR Doc. 2016–04439 (81 FR 12204), published March 8, 2016, make the following corrections: 1. On page 12296, in the second column, in the first full paragraph, lines 18 and 19, the phrase ‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of this paragraph’’ is corrected to read ‘‘paragraphs (c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this section’’. 2. On page 12310, a. In the third column, second full paragraph, line 3, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. b. In the third column, second full paragraph, line 29, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. c. In the third column, second full paragraph, line 38, the phrase ‘‘grace period of 3 months’’ is corrected to read ‘‘grace period of 3 consecutive months’’. 3. On page 12311, a. In the first column, in the first full paragraph, line 7, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. b. In the first column, in the first full paragraph, line 17, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. c. In the first column, in the first full paragraph, lines 24 through 25, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. d. In the second column, in the first full paragraph, line 8, the phrase ‘‘3month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. e. In the second column, in the second full paragraph, line 14, the phrase ‘‘3-month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. f. In the second column, in the third full paragraph, line 13, the phrase ‘‘3month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. g. In the second column, in the third full paragraph, line 22, the phrase ‘‘3- PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. h. In the third column, in the first partial paragraph, line 12, the phrase ‘‘3month grace period’’ is corrected to read ‘‘3 consecutive month grace period’’. List of Subjects in 45 CFR Part 156 Administrative practice and procedure, Advertising, American Indian/Alaska Natives, Conflict of interest, Consumer protection, Costsharing reductions, Essential Health Benefits, Prescription drug benefit, Grant programs-health, Grants administration, Health care, Health insurance, Health maintenance organization (HMO), Health records, Hospitals, Individuals with disabilities, Loan programs-health, Medicaid, Organization and functions (Government agencies), Public assistance programs, Reporting and recordkeeping requirements, State and local governments, Sunshine Act, Technical assistance, Women, Youth. Accordingly, the Department of Health and Human Services corrects 45 CFR part 156 by making the following correcting amendments: PART 156—HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES 1. The authority citation for part 156 continues to read as follows: ■ Authority: Title I of the Affordable Care Act, sections 1301–1304, 1311–1313, 1321– 1322, 1324, 1334, 1342–1343, 1401–1402, Pub. L. 111–148, 124 Stat. 119 (42 U.S.C. 18021–18024, 18031–18032, 18041–18042, 18044, 18054, 18061, 18063, 18071, 18082, 26 U.S.C. 36B, and 31 U.S.C. 9701). § 156.122 [Amended] 2. Section 156.122(c)(4)(i)(D) is amended by removing the phrase ‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of this section’’ and adding in its place the phrase ‘‘paragraphs (c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this section’’. ■ § 156.270 [Amended] 3. Section 156.270 is amended by amending paragraph (d) to remove the term ‘‘3 months’’ and add in its place the phrase ‘‘3 consecutive months’’. ■ Dated: August 5, 2016. Madhura Valverde, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016–19108 Filed 8–10–16; 8:45 am] BILLING CODE 4120–01–P E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53031-53032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19108]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Parts 144, 147, 153, 154, 155, 156, and 158

[CMS-9937-F2]
RIN-0938-AS57


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2017; Corrections

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

ACTION: Final rule; correction and correcting amendment.

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

SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the March 8, 2016 Federal 
Register (81 FR 12204 through 12352) entitled ``Patient Protection and 
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 
2017.'' The effective date for the rule was May 9, 2016.

DATES: 
    Effective Date: This correcting document is effective August 11, 
2016.
    Applicability Date: The corrections indicated in this document are 
applicable beginning May 9, 2016.

FOR FURTHER INFORMATION CONTACT: Allison Yadsko (410) 786-1740.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2016-04439 (81 FR 12204), the final rule entitled 
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2017'' (2017 Payment Notice), there were 
technical errors that are identified and corrected in section IV, the 
Correction of Errors. These corrections are applicable as of May 9, 
2016.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 12296, the phrase ``paragraphs (c)(1)(ii) and (c)(2)(iii) 
of this paragraph'' should include a reference to ``(c)(3)(ii).'' This 
correction clarifies how the provisions are at least as stringent as 
the requirements of paragraph (c) and aligns with the next paragraph 
that clarifies we do not believe that applying timeframes less 
stringent than those in the current Sec.  156.122(c) would benefit 
enrollees.
    On pages 12310 and 12311 the word ``consecutive'' should have been 
attached to the description of the grace period for enrollees receiving 
advance payments of the premium tax credit (APTC), for the description 
to be consistent with the regulation text that was promulgated prior to 
the Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2017; Final Rule. This correction accurately 
reflects the length of the grace period for enrollees receiving APTC as 
being 3 consecutive months.

B. Summary of Errors in Regulation Text

    On page 12349, in Sec.  156.122(c)(4)(i)(D), we inadvertently 
omitted a cross-reference to paragraph (c)(3)(ii).

[[Page 53032]]

    On page 12350, in Sec.  156.270(d) introductory text, we 
inadvertently omitted the word ``consecutive'' from the language 
describing the length of the grace period for enrollees receiving APTC.

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. Section 
553(d) of the APA mandates a 30-day delay in effective date after 
issuance or publication of a rule. Sections 553(b)(3)(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)(3)(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 typographical and technical errors in the 2017 Payment 
Notice. The corrections contained in this document are consistent with, 
and do not make substantive changes to, the policies that were adopted 
subject to notice and comment procedures in the 2017 Payment Notice. As 
a result, the corrections made through this correcting document are 
intended to ensure that the 2017 Payment Notice 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 2017 Payment Notice 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 2017 Payment Notice 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, 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 2017 Payment Notice accurately reflects these policies. 
For these reasons, we believe there is good cause to waive the 
requirements for notice and comment and delay in effective date.

IV. Correction of Errors in the Preamble

    In FR Doc. 2016-04439 (81 FR 12204), published March 8, 2016, make 
the following corrections:
    1. On page 12296, in the second column, in the first full 
paragraph, lines 18 and 19, the phrase ``paragraphs (c)(1)(ii) and 
(c)(2)(iii) of this paragraph'' is corrected to read ``paragraphs 
(c)(1)(ii), (c)(2)(iii), and (c)(3)(ii) of this section''.
    2. On page 12310,
    a. In the third column, second full paragraph, line 3, the phrase 
``3-month grace period'' is corrected to read ``3 consecutive month 
grace period''.
    b. In the third column, second full paragraph, line 29, the phrase 
``3-month grace period'' is corrected to read ``3 consecutive month 
grace period''.
    c. In the third column, second full paragraph, line 38, the phrase 
``grace period of 3 months'' is corrected to read ``grace period of 3 
consecutive months''.
    3. On page 12311,
    a. In the first column, in the first full paragraph, line 7, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    b. In the first column, in the first full paragraph, line 17, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    c. In the first column, in the first full paragraph, lines 24 
through 25, the phrase ``3-month grace period'' is corrected to read 
``3 consecutive month grace period''.
    d. In the second column, in the first full paragraph, line 8, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    e. In the second column, in the second full paragraph, line 14, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    f. In the second column, in the third full paragraph, line 13, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    g. In the second column, in the third full paragraph, line 22, the 
phrase ``3-month grace period'' is corrected to read ``3 consecutive 
month grace period''.
    h. In the third column, in the first partial paragraph, line 12, 
the phrase ``3-month grace period'' is corrected to read ``3 
consecutive month grace period''.

List of Subjects in 45 CFR Part 156

    Administrative practice and procedure, Advertising, American 
Indian/Alaska Natives, Conflict of interest, Consumer protection, Cost-
sharing reductions, Essential Health Benefits, Prescription drug 
benefit, Grant programs-health, Grants administration, Health care, 
Health insurance, Health maintenance organization (HMO), Health 
records, Hospitals, Individuals with disabilities, Loan programs-
health, Medicaid, Organization and functions (Government agencies), 
Public assistance programs, Reporting and recordkeeping requirements, 
State and local governments, Sunshine Act, Technical assistance, Women, 
Youth.
    Accordingly, the Department of Health and Human Services corrects 
45 CFR part 156 by making the following correcting amendments:

PART 156--HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE 
CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES

0
1. The authority citation for part 156 continues to read as follows:

    Authority: Title I of the Affordable Care Act, sections 1301-
1304, 1311-1313, 1321- 1322, 1324, 1334, 1342-1343, 1401-1402, Pub. 
L. 111-148, 124 Stat. 119 (42 U.S.C. 18021-18024, 18031-18032, 
18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, 26 U.S.C. 
36B, and 31 U.S.C. 9701).


Sec.  156.122  [Amended]

0
2. Section 156.122(c)(4)(i)(D) is amended by removing the phrase 
``paragraphs (c)(1)(ii) and (c)(2)(iii) of this section'' and adding in 
its place the phrase ``paragraphs (c)(1)(ii), (c)(2)(iii), and 
(c)(3)(ii) of this section''.


Sec.  156.270  [Amended]

0
3. Section 156.270 is amended by amending paragraph (d) to remove the 
term ``3 months'' and add in its place the phrase ``3 consecutive 
months''.

    Dated: August 5, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-19108 Filed 8-10-16; 8:45 am]
BILLING CODE 4120-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.