Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment, 21948-21949 [2021-08600]
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21948
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
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Sugarcane, cane ......................................................................................................................................................
Sugarcane, molasses ..............................................................................................................................................
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[FR Doc. 2021–08598 Filed 4–23–21; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–70
[FPMR Case 2021–101–1; Docket No. 2021–
0007; Sequence No. 1]
RIN 3090–AK43
Program Fraud Civil Remedies Act of
1986, Civil Monetary Penalties Inflation
Adjustment
Office of General Counsel,
General Services Administration.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule incorporates the
penalty inflation adjustments for the
civil monetary penalties set forth in the
United States Code, as codified in our
regulations.
DATES: Effective: May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
Street NW, Washington, DC 20405.
Telephone Number 202–501–1460.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. The Debt Collection Improvement Act
of 1996
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) to require Federal
agencies to regularly adjust certain
CMPs for inflation and further amended
by the Federal Civil Penalties Inflation
VerDate Sep<11>2014
16:01 Apr 23, 2021
Jkt 253001
*
*
Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114–74). As
amended, the law requires each agency
to make an initial inflationary
adjustment for all applicable CMPs, and
to make further adjustments at least
once every year thereafter for these
penalty amounts. The Debt Collection
Improvement Act of 1996 further
stipulates that any resulting increases in
a CMP due to the calculated inflation
adjustments shall apply only to
violations which occur after the date the
increase takes effect, i.e., thirty (30) days
after date of publication in the Federal
Register. Pursuant to the 2015 Act,
agencies are required to adjust the level
of the CMP with an initial ‘‘catch up’’,
and make subsequent annual
adjustments for inflation. Catch up
adjustments are based on the percent
change between the Consumer Price
Index for Urban Consumers (CPI–U) for
the month of October for the year of the
previous adjustment, and the October
2015 CPI–U. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of adjustment
and the prior year’s October CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
In 1986, sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–501) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute
imposes a CMP and an assessment
against any person who, with
knowledge or reason to know, makes,
submits, or presents a false, fictitious, or
fraudulent claim or statement to the
Government. The General Services
Administration’s regulations, published
in the Federal Register (61 FR 246,
December 20, 1996) and codified at 41
CFR part 105–70, set forth a CMP of up
to $10,781 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from originally
dividing the June 2015 CPI by the June
1996 CPI and making the CPI-based
annual adjustment thereafter, after
rounding we are adjusting the maximum
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Expiration
date
*
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12/31/2023
*
penalty amount for this CMP to $11,001
per violation.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking and public comment
procedures set forth in the
Administrative Procedure Act, 5 U.S.C.
553 (APA). The APA provides an
exception to the notice and comment
procedures when an agency finds there
is good cause for dispensing with such
procedures on the basis that they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that under 5 U.S.C.
553(b)(3)(B) good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. Specifically,
this rulemaking comports and is
consistent with the statutory authority
set forth in the Debt Collection
Improvement Act of 1996, with no
issues of policy discretion. Accordingly,
we believe that opportunity for prior
comment is unnecessary and contrary to
the public interest, and we are issuing
these revised regulations as a final rule
that will apply to all future cases under
this authority.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a not significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
The Office of Management and Budget
(OMB) has reviewed this final rule in
E:\FR\FM\26APR1.SGM
26APR1
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
accordance with the provisions of E.O.
12866 and has determined that it does
not meet the criteria for a significant
regulatory action. As indicated above,
the provisions contained in this final
rulemaking set forth the inflation
adjustments in compliance with the
Debt Collection Improvement Act of
1996 for specific applicable CMPs. The
great majority of individuals,
organizations and entities addressed
through these regulations do not engage
in such prohibited conduct, and as a
result, we believe that any aggregate
economic impact of these revised
regulations will be minimal, affecting
only those limited few who may engage
in prohibited conduct in violation of the
statute. As such, this final rule and the
inflation adjustment contained therein
should have no effect on Federal or state
expenditures.
V. Regulatory Flexibility Act
The Administrator of General Services
certifies that this final rule will not have
a significant economic impact on a
substantial number of small business
entities. While some penalties may have
an impact on small business entities, it
is the nature of the violation and not the
size of the entity that will result in an
action by the agency, and the aggregate
economic impact of this rulemaking on
small business entities should be
minimal, affecting only those few who
have engaged in prohibited conduct in
violation of statutory intent.
VI. Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subject in 41 CFR Part 105–70
Administrative hearing, Claims,
Program fraud.
Katy Kale,
Acting Administrator.
Accordingly, 41 CFR part 105–70 is
amended as set forth below:
PART 105–70—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
1. The authority citation for part 105–
70 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 31 U.S.C.
3809.
§ 105–70.003
[Amended]
2. Amend § 105–70.003 by—
a. Removing from paragraph (a)(1)(iv)
the amount ‘‘11,282’’ and adding
‘‘11,400’’ in its place; and
■
■
VerDate Sep<11>2014
16:01 Apr 23, 2021
Jkt 253001
b. Removing from paragraph (b)(1)(ii)
the amount ‘‘11,282’’ and adding
‘‘11,400’’ in its place.
■
[FR Doc. 2021–08600 Filed 4–23–21; 8:45 am]
BILLING CODE 6820–81–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 414
[CMS–1687–RCN]
RIN 0938–AT21
Medicare Program; Durable Medical
Equipment Fee Schedule Adjustments
To Resume the Transitional 50/50
Blended Rates To Provide Relief in
Rural Areas and Non-Contiguous
Areas; Extension of Timeline for Final
Rule Publication
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Continuation of effectiveness
and extension of timeline for
publication of the final rule.
AGENCY:
This document announces the
continuation of effectiveness of a
Medicare interim final rule and the
extension of the timeline for publication
of the final rule. Section 1871(a)(3)(B) of
the Social Security Act (the Act)
specifies that a Medicare final rule must
be published no later than 3 years after
the publication date of the proposed or
interim final rule, except under
exceptional circumstances. In
accordance with sections 1871(a)(3)(B)
and 1871(a)(3)(C) of the Act, we are
providing a notification of continuation
for a Medicare interim final rule,
announcing the different timeline on
which we intend to publish the final
rule, and explaining why we were
unable to publish the final rule on the
regular, required 3-year timeline.
DATES: As of April 23, 2021, the
Medicare provisions adopted in the
interim final rule published on May 11,
2018 (83 FR 21912) continue in effect
and the regular timeline for publication
of the final rule is extended for an
additional year, until May 11, 2022.
FOR FURTHER INFORMATION CONTACT:
Alexander Ullman, (410) 786–9671 or
DMEPOS@cms.hhs.gov.
SUPPLEMENTARY INFORMATION: In the May
11, 2018 Federal Register (83 FR
21912), we published an interim final
rule with comment period (IFC) titled
‘‘Medicare Program; Durable Medical
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
21949
Equipment Fee Schedule Adjustments
to Resume the Transitional 50/50
Blended Rates to Provide Relief in Rural
Areas and Non-Contiguous Areas’’. The
May 2018 IFC made technical
amendments to the regulation to reflect
the extension of the transition period
from June 30, 2016 to December 31,
2016 that was mandated by the 21st
Century Cures Act for phasing in fee
schedule adjustments for certain
durable medical equipment (DME) and
enteral nutrition furnished in areas not
subject to the Durable Medical
Equipment, Prosthetics, Orthotics, and
Supplies (DMEPOS) Competitive
Bidding Program (CBP) (83 FR 21915).
In addition, in the May 2018 IFC,
CMS—(1) amended 42 CFR 414.210(g)
to resume the transition period’s
blended fee schedule rates for items
furnished in rural areas and noncontiguous areas (Alaska, Hawaii, and
United States territories) not subject to
the CBP from June 1, 2018 through
December 31, 2018 (83 FR 21915); (2)
made technical amendments to existing
DMEPOS regulations to reflect the
exclusion of infusion drugs used with
DME from the DMEPOS CBP (83 FR
21919); and (3) stated that the fee
schedule amounts for wheelchair
accessories and back and seat cushions
used in conjunction with group 3 power
wheelchairs would continue to be based
on the unadjusted fee schedule amounts
updated by the covered item update
specified in section 1834(a)(14) of the
Act (83 FR 21919). We stated that the
fee schedule amounts for all other
accessories used with different types of
base equipment would continue to be
calculated in accordance with the
adjustment methodology set forth in
§ 414.210(g)(5) of our regulations (83 FR
21919).
Section 1871(a)(3)(B) of the Act
requires CMS to publish a Medicare
final rule no later than 3 years after the
publication of a proposed or interim
final rule, except under exceptional
circumstances. In such circumstances,
section 1871(a)(3)(B) of the Act allows
the Secretary to vary the final regulation
publication timeline if the Secretary
provides public notice of the different
timeline on which it intends to publish
the final regulation, and that notice
includes a brief explanation of the
justification for the variation. The notice
must be published by no later than the
timeline previously established with
respect to the final rule publication
date.
The May 2018 IFC was published on
May 11, 2018. Therefore, in accordance
with section 1871(a)(3)(B) of the Act, we
must finalize the May 2018 IFC by May
11, 2021, except under exceptional
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21948-21949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08600]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-70
[FPMR Case 2021-101-1; Docket No. 2021-0007; Sequence No. 1]
RIN 3090-AK43
Program Fraud Civil Remedies Act of 1986, Civil Monetary
Penalties Inflation Adjustment
AGENCY: Office of General Counsel, General Services Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996 and further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvement Act of 2015, this final rule
incorporates the penalty inflation adjustments for the civil monetary
penalties set forth in the United States Code, as codified in our
regulations.
DATES: Effective: May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General
Counsel, General Law Division (LG), General Services Administration,
1800 F Street NW, Washington, DC 20405. Telephone Number 202-501-1460.
SUPPLEMENTARY INFORMATION:
I. The Debt Collection Improvement Act of 1996
To maintain the remedial impact of civil monetary penalties (CMPs)
and to promote compliance with the law, the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the
Debt Collection Improvement Act of 1996 (Pub. L. 104-134) to require
Federal agencies to regularly adjust certain CMPs for inflation and
further amended by the Federal Civil Penalties Inflation Adjustment Act
Improvement Act of 2015 (Sec. 701 of Pub. L. 114-74). As amended, the
law requires each agency to make an initial inflationary adjustment for
all applicable CMPs, and to make further adjustments at least once
every year thereafter for these penalty amounts. The Debt Collection
Improvement Act of 1996 further stipulates that any resulting increases
in a CMP due to the calculated inflation adjustments shall apply only
to violations which occur after the date the increase takes effect,
i.e., thirty (30) days after date of publication in the Federal
Register. Pursuant to the 2015 Act, agencies are required to adjust the
level of the CMP with an initial ``catch up'', and make subsequent
annual adjustments for inflation. Catch up adjustments are based on the
percent change between the Consumer Price Index for Urban Consumers
(CPI-U) for the month of October for the year of the previous
adjustment, and the October 2015 CPI-U. Annual inflation adjustments
will be based on the percent change between the October CPI-U preceding
the date of adjustment and the prior year's October CPI-U.
II. The Program Fraud Civil Remedies Act of 1986
In 1986, sections 6103 and 6104 of the Omnibus Budget
Reconciliation Act of 1986 (Pub. L. 99-501) set forth the Program Fraud
Civil Remedies Act of 1986 (PFCRA). Specifically, this statute imposes
a CMP and an assessment against any person who, with knowledge or
reason to know, makes, submits, or presents a false, fictitious, or
fraudulent claim or statement to the Government. The General Services
Administration's regulations, published in the Federal Register (61 FR
246, December 20, 1996) and codified at 41 CFR part 105-70, set forth a
CMP of up to $10,781 for each false claim or statement made to the
agency. Based on the penalty amount inflation factor calculation,
derived from originally dividing the June 2015 CPI by the June 1996 CPI
and making the CPI-based annual adjustment thereafter, after rounding
we are adjusting the maximum penalty amount for this CMP to $11,001 per
violation.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are waiving the usual notice of
proposed rulemaking and public comment procedures set forth in the
Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an
exception to the notice and comment procedures when an agency finds
there is good cause for dispensing with such procedures on the basis
that they are impracticable, unnecessary, or contrary to the public
interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good
cause exists for dispensing with the notice of proposed rulemaking and
public comment procedures for this rule. Specifically, this rulemaking
comports and is consistent with the statutory authority set forth in
the Debt Collection Improvement Act of 1996, with no issues of policy
discretion. Accordingly, we believe that opportunity for prior comment
is unnecessary and contrary to the public interest, and we are issuing
these revised regulations as a final rule that will apply to all future
cases under this authority.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a not significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
The Office of Management and Budget (OMB) has reviewed this final
rule in
[[Page 21949]]
accordance with the provisions of E.O. 12866 and has determined that it
does not meet the criteria for a significant regulatory action. As
indicated above, the provisions contained in this final rulemaking set
forth the inflation adjustments in compliance with the Debt Collection
Improvement Act of 1996 for specific applicable CMPs. The great
majority of individuals, organizations and entities addressed through
these regulations do not engage in such prohibited conduct, and as a
result, we believe that any aggregate economic impact of these revised
regulations will be minimal, affecting only those limited few who may
engage in prohibited conduct in violation of the statute. As such, this
final rule and the inflation adjustment contained therein should have
no effect on Federal or state expenditures.
V. Regulatory Flexibility Act
The Administrator of General Services certifies that this final
rule will not have a significant economic impact on a substantial
number of small business entities. While some penalties may have an
impact on small business entities, it is the nature of the violation
and not the size of the entity that will result in an action by the
agency, and the aggregate economic impact of this rulemaking on small
business entities should be minimal, affecting only those few who have
engaged in prohibited conduct in violation of statutory intent.
VI. Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subject in 41 CFR Part 105-70
Administrative hearing, Claims, Program fraud.
Katy Kale,
Acting Administrator.
Accordingly, 41 CFR part 105-70 is amended as set forth below:
PART 105-70--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT
OF 1986
0
1. The authority citation for part 105-70 continues to read as follows:
Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.
Sec. 105-70.003 [Amended]
0
2. Amend Sec. 105-70.003 by--
0
a. Removing from paragraph (a)(1)(iv) the amount ``11,282'' and adding
``11,400'' in its place; and
0
b. Removing from paragraph (b)(1)(ii) the amount ``11,282'' and adding
``11,400'' in its place.
[FR Doc. 2021-08600 Filed 4-23-21; 8:45 am]
BILLING CODE 6820-81-P
