Medicare Program; Contract Year 2021 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program; Correction, 64401-64404 [2020-22481]
Download as PDF
<![CDATA[
64401
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
all times, including periods of SSM.
During periods of SSM, you must
comply with the work practice
requirement specified in § 63.1958(e) in
lieu of the compliance provisions in
§ 63.1960.
■ 8. Section 63.1961 is amended by
revising paragraph (f) to read as follows:
§ 63.1961
Monitoring of operations.
*
*
*
*
*
(f) Each owner or operator seeking to
demonstrate compliance with the 500ppm surface methane operational
standard in § 63.1958(d) must monitor
surface concentrations of methane
according to the procedures in
§ 63.1960(c) and the instrument
specifications in § 63.1960(d). If you are
complying with the 500-ppm surface
methane operational standard in
§ 63.1958(d)(2), for location, you must
determine the latitude and longitude
coordinates of each exceedance using an
instrument with an accuracy of at least
4 meters and the coordinates must be in
decimal degrees with at least five
decimal places. In the semi-annual
report in § 63.1981(h), you must report
the location of each exceedance of the
500-ppm methane concentration as
provided in § 63.1958(d) and the
concentration recorded at each location
for which an exceedance was recorded
in the previous month. Any closed
landfill that has no monitored
exceedances of the operational standard
in three consecutive quarterly
monitoring periods may skip to annual
monitoring. Any methane reading of 500
ppm or more above background
detected during the annual monitoring
returns the frequency for that landfill to
quarterly monitoring.
*
*
*
*
*
9. Section 63.1983 is amended by
revising paragraph (g) to read as follows:
■
§ 63.1983
What records must I keep?
*
*
*
*
*
(g) Except as provided in
§ 63.1981(d)(2), each owner or operator
subject to the provisions of this subpart
must keep for at least 5 years up-to-date,
readily accessible records of all
collection and control system
monitoring data for parameters
measured in § 63.1961(a)(1) through (6).
*
*
*
*
*
10. Amend Table 1 to subpart AAAA
of part 63 by revising Footnote 2 to read
as follows:
■
Table 1 to Subpart AAAA of Part 63
*
*
*
*
*
TABLE 1 TO SUBPART AAAA OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART AAAA
Part 63 citation
*
Applicable to
subpart AAAA
before September 28,
2021
Description
*
*
Applicable to
subpart AAAA
no later than
September 27, 2021
*
*
Explanation
*
*
*
*
*
*
*
*
*
If an owner or operator has complied with requirements that are parallel to the requirements of the part 63 citation of this table under 40 CFR
part 60, subpart WWW or subpart XXX, or a state or federal plan that implements 40 CFR part 60, subpart Cc or Cf, then additional notification
for that requirement is not required.
2
Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, and
Medicare Cost Plan Program.’’
[FR Doc. 2020–19676 Filed 10–9–20; 8:45 am]
BILLING CODE 6560–50–P
Effective date: This correcting
document is effective on October 13,
2020.
DATES:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
FOR FURTHER INFORMATION CONTACT:
Centers for Medicare & Medicaid
Services
42 CFR Parts 417, 422, and 423
[CMS–4190–CN]
RIN 0938–AT97
Medicare Program; Contract Year 2021
Policy and Technical Changes to the
Medicare Advantage Program,
Medicare Prescription Drug Benefit
Program, and Medicare Cost Plan
Program; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on June 2, 2020 entitled
‘‘Medicare Program; Contract Year 2021
Policy and Technical Changes to the
SUMMARY:
VerDate Sep<11>2014
15:52 Oct 09, 2020
Jkt 253001
Cali Diehl, (410) 786–4053 or
Christopher McClintick, (410) 786–
4682—General Questions.
Kimberlee Levin, (410) 786–2549—
Part C Issues.
Stacy Davis, (410) 786–7813—Part C
and D Payment Issues.
Melissa Seeley, (212) 616–2329—D–
SNP Issues.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020–11342 of June 2,
2020 (85 FR 33796), there were a
number of technical errors that are
identified and corrected in this
correcting document. The provisions in
this correction document are effective as
if they had been included in the
document published June 2, 2020.
Accordingly, the corrections are
effective August 3, 2020.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
II. Summary of Errors
On page 33820, in our discussion of
dual eligible special needs plans, we
inadvertently included a disclaimer that
was not applicable to the published
final rule.
On pages 33876 and 33877, in our
discussion of the information collection
requirements regarding Special
Supplemental Benefits for the
Chronically Ill (SSBCI), we
inadvertently identified the wrong
Paperwork Reduction Act package in
our narrative and omitted several Office
of Management and Budget (OMB)
control numbers from Table 3.
On page 33881, in our discussion of
the information collection requirements
regarding medical savings account
(MSA) medical loss ratio (MLR), we
made inadvertent errors the amount of
time it would take beneficiaries to
complete an enrollment form.
On page 33883, in the table that
provides a summary of the annual
information collection burden (Table 6),
we made the following typographical
errors:
• In the table title, we included the
term ‘‘requirements’’ instead of
‘‘burden’’.
E:\FR\FM\13OCR1.SGM
13OCR1
64402
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
• In the SSBCI entries there were
errors in the identification numbers in
the ‘‘OMB Control No.’’ column.
• In the MSA MLR entries, there were
errors in the values and numbers for the
‘‘Regulatory citation’’, ‘‘OMB Control
No.’’, ‘‘Total number of respondents’’,
and the ‘‘Total number of responses’’.
On pages 33889 and 33890, in the
table that displays the per-year
calculations regarding kidney
acquisition costs (Table 11), we made
inadvertent errors in the table title (we
omitted ‘‘s’’ in the term ‘‘costs’’).
Additionally, on page 33890, the
column headings are listed for the years
2013 to 2020 instead of 2021 to 2030.
III. Waiver of Proposed Rulemaking
khammond on DSKJM1Z7X2PROD with RULES
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 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
OMB Control
No.
Provision
Regulatory citation
SSBCI .........
§ 422.102(f)(3)(i) .....
0938–0753
SSBCI .........
§ 422.102(f)(3)(i) .....
0938–0753
SSBCI .........
§ 422.102(f)(3)(i) .....
0938–0753
SSBCI .........
SSBCI .........
§ 422.102(f)(3)(ii) .....
§ 422.102(f)(3)(iii) ....
0938–0753
0938–0753
4. On page 33881, first column, fourth
full paragraph, line 8, the phrase ‘‘0.5
hours at $25.72/hr’’ is corrected to read
‘‘0.3333 hours at $25.72/hr’’
5. On page 33883, in the table titled
‘‘TABLE 6—ANNUAL INFORMATION
COLLECTION REQUIREMENTS’’ the
table is corrected by—
VerDate Sep<11>2014
15:52 Oct 09, 2020
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.
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.
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.
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 of the APA or section 1871
of the Act. This correcting document
corrects technical errors in the preamble
and regulation text of the 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 final rule accurately
reflects the policies adopted in that final
rule.
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
Jkt 253001
Number of
respondents
Subject
SSBCI: Criteria (Initial Software).
SSBCI: Criteria
(Physician review).
SSBCI: Criteria
(Software updates).
Written criteria .........
Enrollee eligibility ....
Total
number of
responses
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 to ensure that final rule
accurately reflects our policies.
Furthermore, such procedures would be
unnecessary, as we are not altering
payment eligibility or benefit
methodologies or policies, but rather,
simply implementing correctly the
policies that we previously proposed,
received comment on, and subsequently
finalized. This correcting document is
intended solely to ensure that the final
rule accurately reflects these policies.
Therefore, we believe we have good
cause to waive the notice and comment
and effective date requirements.
IV. Correction of Errors
In FR Doc. 2020–11342 of June 2,
2020 (85 FR 33796), make the following
corrections:
1. On page 33820, lower third of the
page, the text box that includes the
phrase ‘‘DISCLAIMER: Based on the
tight time constraints and the need to
expedite’’ is corrected by removing the
text box.
2. On page 33876, lower three-fourths
of the page (after the table), second
column, sixth full paragraph, lines 6
and 7, the reference to ‘‘control number
0938–0763 (CMS–R–262)’’ is corrected
to read ‘‘control number 0938–0753
(CMS–R–267)’’.
3. On page 33877, lower third of the
page, the table titled ‘‘TABLE 3—
SUMMARY OF BURDEN FOR SSBCI
AT § 422.102’’ is corrected by correcting
the third column (OMB Control No.) for
the listed entries (SSBCI provisions) to
read as follows:
Time per
response
(hr)
Total time
(hr)
1
12
2808
103.33
96,717
234
1
36
8424
193.7
1,631,729
234
1
5
1170
85.26
99,754
234
234
1
1
2
9
468
2106
56.34
86.95
26,367
179,465
(Total number of respondents), and
seventh columns (Total number of
responses) for the listed entry (third row
the first MSA MLR provision) to read as
follows:
b. Correcting the second (Regulatory
citation), third (OMB Control No.), sixth
Frm 00028
Fmt 4700
Annual cost
($)
234
a. Correcting the table title ‘‘TABLE
6—ANNUAL INFORMATION
COLLECTION REQUIREMENTS’’ to
read ‘‘TABLE 6—ANNUAL
INFORMATION COLLECTION
BURDEN’’.
PO 00000
Labor cost
($/hr)
Sfmt 4700
E:\FR\FM\13OCR1.SGM
13OCR1
64403
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
Provision
Regulatory citation
OMB Control
No.
Respondent
type
MSA MLR .......
§ 422.2440 ........................
0938–NEW ..
Enrollees .....
c. Correcting the identification
numbers in third column (OMB Control
Response summary
Total number
of respondents
MSA MLR: Filling
out enrollment
forms..
Total
number of
responses
2,765
Time per
response
(hr)
2,765
Total annual
time
(hr)
0.3333
922
Labor cost
($/hr)
Total
annual cost
($)
25.72
23,705
No.) for the listed entries (SSBCI
provisions) to read as follows:
Total
number of
responses
Time per
response
(hr)
Total annual
time
(hr)
Regulatory citation
OMB Control
No.
Respondent
type
Response summary
Total number
of respondents
SSCBI .............
§ 422.102(f)(3)(i) ...............
0938–0753 ..
MA Plans .....
234
1
12
2808
103.33
96,717
SSCBI .............
§ 422.102(f)(3)(i) ...............
0938–0753 ..
MA Plans .....
234
1
36
8424
193.7
1,631,729
SSCBI .............
§ 422.102(f)(3)(i) ...............
0938–0753 ..
MA Plans .....
234
1
5
1170
85.26
99,754
SSCBI .............
§ 422.102(f)(3)(ii) ..............
0938–0753 ..
MA Plans .....
234
1
2
468
56.34
26,367
SSCBI .............
§ 422.102(f)(3)(iii) ..............
0938–0753 ..
MA Plans .....
SSBCI: Criteria (initial software update).
SSBCI: Criteria (Annual physician review).
SSBCI: Criteria
(Software updates).
SSBCI: Documentation.
SSBCI: Enrollee
records.
234
1
9
702
86.95
61,039
d. Correcting the second (Regulatory
citation) and seventh columns (Total
number of responses) for the listed
Labor cost
($/hr)
Total
annual cost
($)
Provision
entries (the specified MSA MLR
provisions) to read as follows:
Provision
Regulatory citation
OMB Control
No.
Respondent
type
Response summary
MSA MLR .......
§ 422.2440 ........................
0938–0753 ..
MA Plans .....
MSA MLR .......
§ 422.2440 ........................
0938–0753 ..
MA Plans .....
MSA MLR .......
§ 422.2440 ........................
0938–0753 ..
MA Plans .....
MSA MLR: Notify
enrollees.
MSA MLR: Submit
to CMS.
MSA MLR: Archive
e. Correcting column 2 (Regulatory
citation) for the listed entry (the
Total number
of respondents
Total
number of
responses
8
Time per
response
(hr)
Total annual
time
(hr)
46
Labor cost
($/hr)
Total
annual cost
($)
2,765
0.0167
77.14
3,548
8
2,765
0.0167
46
77.14
3,548
8
2,765
0.0833
230
36.82
8,481
specified MSA MLR provision) to read
as follows:
Provision
Regulatory citation
OMB Control
No.
Respondent
type
Response summary
Total number
of respondents
MSA MLR .......
§ 422.2440 ........................
0938–1252 ..
MA Plans .....
MSA MLR: Calculation of the deductible factor.
8
6. On pages 33889 and 33890, in the
table titled ‘‘Table 11, Per-Year
Calculations, Representing the Pre-
Total
number of
responses
Time per
response
(hr)
8
Statute Baseline Based on Medicare FFS
Coverage of Kidney Acquisition Cost’’,
Total annual
time
(hr)
0.0833
0.6664
Labor cost
($/hr)
Total
annual cost
($)
116.32
78
the table title and table are corrected to
read as follows:
TABLE 11—PER-YEAR CALCULATIONS, REPRESENTING THE PRE-STATUTE BASELINE BASED ON MEDICARE FFS
COVERAGE OF KIDNEY ACQUISITION COSTS
2013
Kidney Acquisition Costs
(PMPM): .............................
1.72
khammond on DSKJM1Z7X2PROD with RULES
2021
Kidney Acquisition Costs
(PMPM): .............................
Medicare Advantage Enrollment Projection (000’s): ....
Gross Savings ($Millions): ....
Average government share of
Gross Savings: ..................
Net of Part B Premium: .........
Net Savings ($Millions): ........
VerDate Sep<11>2014
2014
15:52 Oct 09, 2020
1.82
2022
2015
1.95
2023
2016
2.08
2024
2017
2.20
2025
2018
2.34
2026
2019
2.49
2027
2020
2.65
2028
2029
2030
2021–
2030
2.82
3.00
3.20
3.40
3.62
3.85
4.10
4.36
4.64
4.94
................
24,690
836.2
25,624
923.5
26,508
1,016.6
27,380
1,117.4
28,237
1,226.3
29,070
1,343.4
29,861
1,468.4
30,607
1,601.7
31,313
1,743.7
32,035
1,898.4
................
13,175.6
83.0%
85.6%
594.1
83.0%
85.6%
655.7
83.0%
85.5%
721.5
83.1%
85.4%
792.3
83.2%
85.3%
869.5
83.2%
85.2%
951.7
83.2%
85.0%
1,038.9
83.4%
84.9%
1,134.1
83.4%
84.9%
1,235.9
83.4%
84.9%
1,345.6
................
................
9,339.3
Frm 00029
Fmt 4700
Jkt 253001
PO 00000
Sfmt 4700
E:\FR\FM\13OCR1.SGM
13OCR1
64404
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
Dated: October 1, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
B. Final Paperwork Reduction Act of
1995 Analysis
[FR Doc. 2020–22481 Filed 10–8–20; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, 2, 3, 11, 15, 20, 24,
25, 27, 52, 64, 67, 68, 73, 74, 76, 79, 80,
87, 90, 95, and 101
C. Congressional Review Act
3. The Commission will not send a
copy of the Order pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules
are rules of agency organization,
procedure, or practice that do not
‘‘substantially affect the rights or
obligations of non-agency parties.’’ See
5 U.S.C. 804(3)(C).
[DA 20–718; FRS 17030]
Rule Modifications Reflecting New
Address Location of Commission
Headquarters
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
II. Introduction
In this document, the Office
of Managing Director of the Federal
Communications Commission
(Commission) adopts an Order that
amends the Commission’s rules to
reflect the upcoming new address of the
Commission’s headquarters, 45 L Street
NE, Washington, DC 20554. It also
makes changes to clarify that certain
documents are now available for
inspection through the Commission’s
website, removes references to a
Commission copy contractor, and
performs minor formatting corrections.
DATES: Effective October 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Warren Firschein, Office of Managing
Director at (202) 418–2653 or Mindy
Ginsburg, Office of Managing Director at
(202) 418–0983.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
DA 20–718, adopted and released on
August 5, 2020. The full text of this
document is available by downloading
the text from the Commission’s website
at https://docs.fcc.gov/public/
attachments/DA-20-718A1.pdf.
4. In the Order, the Office of
Managing Director of the Federal
Communications Commission amends
the Commission’s rules to reflect the
upcoming new address for the
Commission’s headquarters, 45 L Street
NE, Washington, DC 20554 in light of
the Commission’s upcoming move to a
new headquarters building.1 In
addition, the Order clarifies that certain
documents are now available for
inspection through the Commission’s
website, removes references to a
Commission copy contractor, and
performs minor formatting corrections.
Finally, the Order notes that in a
separate order released on May 28,
2020, the Commission’s rules were
amended to reflect the new address for
filing hand-carried documents at the
FCC’s headquarters and establish a new
closing time for accepting such filings.
Those changes remain in effect and are
not impacted by the actions here.
5. This action is taken pursuant to the
authority delegated by §§ 0.11 and 0.231
of the Commission’s rules, 47 CFR 0.11
and 0.231.
Synopsis
III. Ordering CLAUSES
I. Administrative Matters
6. Accordingly, pursuant to sections
4(e) and 5(e) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(e)
and 155(d), it is ordered that the
respective parts of the Commission’s
rules are amended in the manner
SUMMARY:
A. Final Regulatory Flexibility Analysis
khammond on DSKJM1Z7X2PROD with RULES
2. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
1. Section 603 of the Regulatory
Flexibility Act, as amended, requires a
regulatory flexibility analysis in notice
and comment rulemaking proceedings.
See 5 U.S.C. 603(a). As we are adopting
these rules without notice and
comment, no regulatory flexibility
analysis is required.
VerDate Sep<11>2014
19:50 Oct 09, 2020
Jkt 253001
1 The Commission’s new headquarters is still
under construction. Neither the Order, this
summary, nor the rules amended constitute
acceptance by the Commission or GSA of the new
headquarters building.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
indicated in the Appendix of the Order,
to be effective 30 days after publication
in the Federal Register.
List of Subjects in 47 CFR Parts 0, 1, 2,
3, 11, 15, 20, 24, 25, 27, 52, 64, 67, 68,
73, 74, 76, 79, 80, 87, 90, 95, and 101
Administrative practice and
procedure.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 0, 1,
2, 3, 11, 15, 20, 24, 25, 27, 52, 64, 67,
68, 73, 74, 76, 79, 80, 87, 90, 95, and 101
as follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: 47 U.S.C. 155, 225, unless
otherwise noted.
2. Amend § 0.401 by revising
paragraphs (a)(1) introductory text,
(a)(1)(i), and (a)(5) to read as follows:
■
§ 0.401
Location of Commission offices.
*
*
*
*
*
(a) * * *
(1) The main office of the Commission
is located at 45 L Street NE,
Washington, DC 20554.
(i) Documents submitted by mail to
this office should be addressed to:
Federal Communications Commission,
Washington, DC 20554.
*
*
*
*
*
(5) The location of the Office of
General Counsel is 45 L Street NE,
Washington, DC 20554.
*
*
*
*
*
■ 3. Amend § 0.434 by revising the third
sentence to read as follows:
§ 0.434 Data bases and lists of authorized
broadcast stations and pending broadcast
applications.
* * * The lists are available for
public inspection at the FCC’s main
office, located at the address indicated
in § 0.401(a). * * *
■ 4. Amend § 0.441 by revising
paragraphs (a)(4) and (5) to read as
follows:
§ 0.441
General.
(a) * * *
(4) Correspondence to: Consumer and
Governmental Affairs Bureau at the
FCC’s main office, located at the address
indicated in § 0.401(a).
(5) Visiting the Reference Information
Center of the Consumer and
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Rules and Regulations]
[Pages 64401-64404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22481]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, and 423
[CMS-4190-CN]
RIN 0938-AT97
Medicare Program; Contract Year 2021 Policy and Technical Changes
to the Medicare Advantage Program, Medicare Prescription Drug Benefit
Program, and Medicare Cost Plan Program; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register on June 2, 2020 entitled
``Medicare Program; Contract Year 2021 Policy and Technical Changes to
the Medicare Advantage Program, Medicare Prescription Drug Benefit
Program, and Medicare Cost Plan Program.''
DATES: Effective date: This correcting document is effective on October
13, 2020.
FOR FURTHER INFORMATION CONTACT:
Cali Diehl, (410) 786-4053 or Christopher McClintick, (410) 786-
4682--General Questions.
Kimberlee Levin, (410) 786-2549--Part C Issues.
Stacy Davis, (410) 786-7813--Part C and D Payment Issues.
Melissa Seeley, (212) 616-2329--D-SNP Issues.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020-11342 of June 2, 2020 (85 FR 33796), there were a
number of technical errors that are identified and corrected in this
correcting document. The provisions in this correction document are
effective as if they had been included in the document published June
2, 2020. Accordingly, the corrections are effective August 3, 2020.
II. Summary of Errors
On page 33820, in our discussion of dual eligible special needs
plans, we inadvertently included a disclaimer that was not applicable
to the published final rule.
On pages 33876 and 33877, in our discussion of the information
collection requirements regarding Special Supplemental Benefits for the
Chronically Ill (SSBCI), we inadvertently identified the wrong
Paperwork Reduction Act package in our narrative and omitted several
Office of Management and Budget (OMB) control numbers from Table 3.
On page 33881, in our discussion of the information collection
requirements regarding medical savings account (MSA) medical loss ratio
(MLR), we made inadvertent errors the amount of time it would take
beneficiaries to complete an enrollment form.
On page 33883, in the table that provides a summary of the annual
information collection burden (Table 6), we made the following
typographical errors:
In the table title, we included the term ``requirements''
instead of ``burden''.
[[Page 64402]]
In the SSBCI entries there were errors in the
identification numbers in the ``OMB Control No.'' column.
In the MSA MLR entries, there were errors in the values
and numbers for the ``Regulatory citation'', ``OMB Control No.'',
``Total number of respondents'', and the ``Total number of responses''.
On pages 33889 and 33890, in the table that displays the per-year
calculations regarding kidney acquisition costs (Table 11), we made
inadvertent errors in the table title (we omitted ``s'' in the term
``costs''). Additionally, on page 33890, the column headings are listed
for the years 2013 to 2020 instead of 2021 to 2030.
III. Waiver of Proposed Rulemaking
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.
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. 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.
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 of the APA or section 1871 of the Act. This
correcting document corrects technical errors in the preamble and
regulation text of the 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
final rule accurately reflects the policies adopted in that final rule.
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 to ensure that final rule accurately reflects our policies.
Furthermore, such procedures would be unnecessary, as we are not
altering payment eligibility or benefit methodologies or policies, but
rather, simply implementing correctly the policies that we previously
proposed, received comment on, and subsequently finalized. This
correcting document is intended solely to ensure that the final rule
accurately reflects these policies. Therefore, we believe we have good
cause to waive the notice and comment and effective date requirements.
IV. Correction of Errors
In FR Doc. 2020-11342 of June 2, 2020 (85 FR 33796), make the
following corrections:
1. On page 33820, lower third of the page, the text box that
includes the phrase ``DISCLAIMER: Based on the tight time constraints
and the need to expedite'' is corrected by removing the text box.
2. On page 33876, lower three-fourths of the page (after the
table), second column, sixth full paragraph, lines 6 and 7, the
reference to ``control number 0938-0763 (CMS-R-262)'' is corrected to
read ``control number 0938-0753 (CMS-R-267)''.
3. On page 33877, lower third of the page, the table titled ``TABLE
3--SUMMARY OF BURDEN FOR SSBCI AT Sec. 422.102'' is corrected by
correcting the third column (OMB Control No.) for the listed entries
(SSBCI provisions) to read as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Time per
Provision Regulatory citation OMB Control Subject Number of number of response Total time Labor cost Annual cost
No. respondents responses (hr) (hr) ($/hr) ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSBCI............ Sec. 0938-0753 SSBCI: Criteria 234 1 12 2808 103.33 96,717
422.102(f)(3)(i). (Initial
Software).
SSBCI............ Sec. 0938-0753 SSBCI: Criteria 234 1 36 8424 193.7 1,631,729
422.102(f)(3)(i). (Physician
review).
SSBCI............ Sec. 0938-0753 SSBCI: Criteria 234 1 5 1170 85.26 99,754
422.102(f)(3)(i). (Software
updates).
SSBCI............ Sec. 0938-0753 Written criteria.. 234 1 2 468 56.34 26,367
422.102(f)(3)(ii).
SSBCI............ Sec. 0938-0753 Enrollee 234 1 9 2106 86.95 179,465
422.102(f)(3)(iii). eligibility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. On page 33881, first column, fourth full paragraph, line 8, the
phrase ``0.5 hours at $25.72/hr'' is corrected to read ``0.3333 hours
at $25.72/hr''
5. On page 33883, in the table titled ``TABLE 6--ANNUAL INFORMATION
COLLECTION REQUIREMENTS'' the table is corrected by--
a. Correcting the table title ``TABLE 6--ANNUAL INFORMATION
COLLECTION REQUIREMENTS'' to read ``TABLE 6--ANNUAL INFORMATION
COLLECTION BURDEN''.
b. Correcting the second (Regulatory citation), third (OMB Control
No.), sixth (Total number of respondents), and seventh columns (Total
number of responses) for the listed entry (third row the first MSA MLR
provision) to read as follows:
[[Page 64403]]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Time per Total
Provision Regulatory citation OMB Control No. Respondent type Response summary Total number number of response Total annual Labor cost annual cost
of respondents responses (hr) time (hr) ($/hr) ($)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MSA MLR............ Sec. 422.2440...... 0938-NEW............ Enrollees........... MSA MLR: Filling out 2,765 2,765 0.3333 922 25.72 23,705
enrollment forms..
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
c. Correcting the identification numbers in third column (OMB
Control No.) for the listed entries (SSBCI provisions) to read as
follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Time per Total
Provision Regulatory citation OMB Control No. Respondent type Response summary Total number number of response Total annual Labor cost annual cost
of respondents responses (hr) time (hr) ($/hr) ($)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SSCBI.............. Sec. 0938-0753........... MA Plans............ SSBCI: Criteria 234 1 12 2808 103.33 96,717
422.102(f)(3)(i). (initial software
update).
SSCBI.............. Sec. 0938-0753........... MA Plans............ SSBCI: Criteria 234 1 36 8424 193.7 1,631,729
422.102(f)(3)(i). (Annual physician
review).
SSCBI.............. Sec. 0938-0753........... MA Plans............ SSBCI: Criteria 234 1 5 1170 85.26 99,754
422.102(f)(3)(i). (Software updates).
SSCBI.............. Sec. 0938-0753........... MA Plans............ SSBCI: Documentation 234 1 2 468 56.34 26,367
422.102(f)(3)(ii).
SSCBI.............. Sec. 0938-0753........... MA Plans............ SSBCI: Enrollee 234 1 9 702 86.95 61,039
422.102(f)(3)(iii). records.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
d. Correcting the second (Regulatory citation) and seventh columns
(Total number of responses) for the listed entries (the specified MSA
MLR provisions) to read as follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Time per Total
Provision Regulatory citation OMB Control No. Respondent type Response summary Total number number of response Total annual Labor cost annual cost
of respondents responses (hr) time (hr) ($/hr) ($)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MSA MLR............ Sec. 422.2440...... 0938-0753........... MA Plans............ MSA MLR: Notify 8 2,765 0.0167 46 77.14 3,548
enrollees.
MSA MLR............ Sec. 422.2440...... 0938-0753........... MA Plans............ MSA MLR: Submit to 8 2,765 0.0167 46 77.14 3,548
CMS.
MSA MLR............ Sec. 422.2440...... 0938-0753........... MA Plans............ MSA MLR: Archive.... 8 2,765 0.0833 230 36.82 8,481
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
e. Correcting column 2 (Regulatory citation) for the listed entry
(the specified MSA MLR provision) to read as follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Time per Total
Provision Regulatory citation OMB Control No. Respondent type Response summary Total number number of response Total annual Labor cost annual cost
of respondents responses (hr) time (hr) ($/hr) ($)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MSA MLR............ Sec. 422.2440...... 0938-1252........... MA Plans............ MSA MLR: Calculation 8 8 0.0833 0.6664 116.32 78
of the deductible
factor.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
6. On pages 33889 and 33890, in the table titled ``Table 11, Per-
Year Calculations, Representing the Pre-Statute Baseline Based on
Medicare FFS Coverage of Kidney Acquisition Cost'', the table title and
table are corrected to read as follows:
Table 11--Per-Year Calculations, Representing the Pre-Statute Baseline Based on Medicare FFS Coverage of Kidney Acquisition Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kidney Acquisition Costs 1.72 1.82 1.95 2.08 2.20 2.34 2.49 2.65
(PMPM):.......................
------------------------------------------------------------------------------------------------------------------------
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2021-2030
------------------------------------------------------------------------------------------------------------------------
Kidney Acquisition Costs 2.82 3.00 3.20 3.40 3.62 3.85 4.10 4.36 4.64 4.94 .........
(PMPM):.......................
Medicare Advantage Enrollment 24,690 25,624 26,508 27,380 28,237 29,070 29,861 30,607 31,313 32,035 .........
Projection (000's):...........
Gross Savings ($Millions):..... 836.2 923.5 1,016.6 1,117.4 1,226.3 1,343.4 1,468.4 1,601.7 1,743.7 1,898.4 13,175.6
Average government share of 83.0% 83.0% 83.0% 83.1% 83.2% 83.2% 83.2% 83.4% 83.4% 83.4% .........
Gross Savings:................
Net of Part B Premium:......... 85.6% 85.6% 85.5% 85.4% 85.3% 85.2% 85.0% 84.9% 84.9% 84.9% .........
Net Savings ($Millions):....... 594.1 655.7 721.5 792.3 869.5 951.7 1,038.9 1,134.1 1,235.9 1,345.6 9,339.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64404]]
Dated: October 1, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-22481 Filed 10-8-20; 8:45 am]
BILLING CODE 4120-01-P
