Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act; Correction, 19440 [2018-09347]

Download as PDF 19440 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 431 [CMS–6068–F2] RIN 0938–AS74 Medicaid/CHIP Program; Medicaid Program and Children’s Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act; Correction Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Correcting amendment. AGENCY: This document corrects a technical error that appeared in the final rule published in the Federal Register on July 5, 2017 entitled ‘‘Medicaid/CHIP Program; Medicaid Program and Children’s Health Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act’’ (hereinafter referred to as the ‘‘PERM final rule’’). DATES: This correction is effective May 3, 2018. FOR FURTHER INFORMATION CONTACT: Bridgett Rider, (410) 786–2602. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2017–13710 (82 FR 31158), there was a technical error that is identified and corrected in this correcting document. The provision in this correction document is effective as if it had been included in the document published in the Federal Register on July 5, 2017. Accordingly, the corrections are applicable beginning August 4, 2017. II. Summary of Error in Regulation Text sradovich on DSK3GMQ082PROD with RULES In the regulation text, we inadvertently omitted the removal of § 431.802, which we discussed on page 31161 of the final rule. III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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. Similarly, section VerDate Sep<11>2014 15:59 May 02, 2018 Jkt 244001 1871(b)(1) of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a 30day 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 notice and comment and delay in effective date APA requirements; in cases in which these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support. We believe that this correcting document does not constitute a rule that would be subject to the notice and comment or delayed effective date requirements. The document corrects technical errors in the PERM final rule, but does not make substantive changes to the policies that were adopted in the final rule. As a result, this correcting document is intended to ensure that the information in the PERM final rule accurately reflects the policies adopted in that document. In addition, even if this were a rule to which the notice and comment procedures 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 final rule or delaying the effective date would be contrary to the public interest because it is in the public’s interest for providers to receive appropriate information in as timely a manner as possible, and to ensure that the PERM final rule accurately reflects our policies. Furthermore, such procedures would be unnecessary, as we are not making substantive changes to our policies, but rather, we are simply implementing correctly the policies that we previously proposed, requested comment on, and subsequently finalized. This correcting document is PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 intended solely to ensure that the PERM final rule accurately reflects these policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. List of Subjects in 42 CFR Part 431 Grant programs—health, Health facilities, Medicaid, Privacy, Reporting and recordkeeping requirements. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendment: PART 431—STATE ORGANIZATION AND GENERAL ADMINISTRATION 1. The authority citation for part 431 continues to read as follows: ■ Authority: Sec. 1102 of the Social Security Act, (42 U.S.C. 1302). § 431.802 ■ [Removed] 2. Section 431.802 is removed. Dated: April 26, 2018. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2018–09347 Filed 5–2–18; 8:45 am] BILLING CODE 4120–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket No. 17–79; FCC 18–30] Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment Federal Communications Commission. ACTION: Final rule. AGENCY: In this document (Order), the Federal Communications Commission (The Commission or FCC) adopts rules to streamline the wireless infrastructure siting review process to facilitate the deployment of next-generation wireless facilities. As part of the FCC’s efforts, the agency consulted with a wide range of communities to determine the appropriate steps needed to enable the rapid and efficient deployment of nextgeneration wireless networks—or 5G— throughout the United States. The Order focuses on ensuring the Commission’s rules properly address the differences between large and small wireless facilities, and clarifies the treatment of small cell deployments. Specifically, the Order: Excludes small wireless facilities deployed on non-Tribal lands from National Historic Preservation Act SUMMARY: E:\FR\FM\03MYR1.SGM 03MYR1

Agencies

[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Page 19440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09347]



[[Page 19440]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 431

[CMS-6068-F2]
RIN 0938-AS74


Medicaid/CHIP Program; Medicaid Program and Children's Health 
Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality 
Control and Payment Error Rate Measurement Programs in Response to the 
Affordable Care Act; Correction

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

ACTION: Correcting amendment.

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

SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the Federal Register on July 5, 2017 entitled 
``Medicaid/CHIP Program; Medicaid Program and Children's Health 
Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality 
Control and Payment Error Rate Measurement Programs in Response to the 
Affordable Care Act'' (hereinafter referred to as the ``PERM final 
rule'').

DATES: This correction is effective May 3, 2018.

FOR FURTHER INFORMATION CONTACT: Bridgett Rider, (410) 786-2602.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2017-13710 (82 FR 31158), there was a technical error 
that is identified and corrected in this correcting document. The 
provision in this correction document is effective as if it had been 
included in the document published in the Federal Register on July 5, 
2017. Accordingly, the corrections are applicable beginning August 4, 
2017.

II. Summary of Error in Regulation Text

    In the regulation text, we inadvertently omitted the removal of 
Sec.  431.802, which we discussed on page 31161 of the final rule.

III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of 
the Act mandate 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 notice and comment and delay in 
effective date APA requirements; in cases in which these exceptions 
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process are 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and an agency includes a statement of support.
    We believe that this correcting document does not constitute a rule 
that would be subject to the notice and comment or delayed effective 
date requirements. The document corrects technical errors in the PERM 
final rule, but does not make substantive changes to the policies that 
were adopted in the final rule. As a result, this correcting document 
is intended to ensure that the information in the PERM final rule 
accurately reflects the policies adopted in that document.
    In addition, even if this were a rule to which the notice and 
comment procedures 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 final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest for providers to receive appropriate information in as timely 
a manner as possible, and to ensure that the PERM final rule accurately 
reflects our policies. Furthermore, such procedures would be 
unnecessary, as we are not making substantive changes to our policies, 
but rather, we are simply implementing correctly the policies that we 
previously proposed, requested comment on, and subsequently finalized. 
This correcting document is intended solely to ensure that the PERM 
final rule accurately reflects these policies. Therefore, we believe we 
have good cause to waive the notice and comment and effective date 
requirements.

List of Subjects in 42 CFR Part 431

    Grant programs--health, Health facilities, Medicaid, Privacy, 
Reporting and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendment:

PART 431--STATE ORGANIZATION AND GENERAL ADMINISTRATION

0
1. The authority citation for part 431 continues to read as follows:

    Authority: Sec. 1102 of the Social Security Act, (42 U.S.C. 
1302).


Sec.  431.802  [Removed]

0
2. Section 431.802 is removed.

    Dated: April 26, 2018.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2018-09347 Filed 5-2-18; 8:45 am]
BILLING CODE 4120-01-P

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