Medicare and Medicaid Programs; Contract Year 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program, and Programs of All Inclusive Care for the Elderly; Corrections, 29526-29528 [2021-11446]
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<![CDATA[
29526
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
CALIFORNIA—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
Inaja Band of Diegueno Mission Indians of the Inaja and
Cosmit Reservation.
Jamul Indian Village of California.
La Jolla Band of Luiseno Indians.
La Posta Band of Diegueno Mission Indians of the La
Posta Indian Reservation.
Los Coyotes Band of Cahuilla and Cupeno Indians.
Manzanita Band of Diegueno Mission Indians of the
Manzanita Reservation.
Mesa Grande Band of Diegueno Mission Indians of the
Mesa Grande Reservation.
Pala Band of Luiseno Mission Indians of the Pala Reservation.
Pauma Band of Luiseno Mission Indians of the Pauma
and Yuima Reservation.
Rincon Band of Luiseno Mission Indians of the Rincon
Reservation.
San Pasqual Band of Diegueno Mission Indians of California.
Sycuan Band of the Kumeyaay Nation.
Viejas (Baron Long) Group of Capitan Grande Band of
Mission Indians.
*
*
*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
2. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyfourth line, ‘‘. . . . . . . . . . . . .’’
should read, ‘‘Alachlor.’’
■ 3. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyfourth line, the third row
‘‘. . . . . . . . . . . . .’’ should read,
‘‘525.3 24
■ 4. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyeighth row, beneath ‘‘Carbofuran’’
currently reads, ‘‘. . . . . . .’’ and
should read, ‘‘Chlordane’’.
■
[FR Doc. 2021–11524 Filed 6–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2021–0079; FRL 10022–49–
OW]
Expedited Approval of Alternative Test
Procedures for the Analysis of
Contaminants Under the Safe Drinking
Water Act; Analysis and Sampling
Procedures
Correction
In rule document 2021–10974
appearing on pages 28277 through
28290 in the issue of Wednesday, May
26, 2021, make the following correction:
PART 141—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
[CORRECTED]
[FR Doc. C1–2021–10974 Filed 6–1–21; 8:45 am]
BILLING CODE 0099–10–P
1. On page 28285, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.23 (k)(1)’’, in the second row
from the bottom of the page ‘‘pH’’, in
columns four, five and six, ‘‘4500–H +
B’’ should read, ‘‘4500–H + B’’
jbell on DSKJLSW7X2PROD with RULES
17:10 Jun 01, 2021
Jkt 253001
PO 00000
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 417, 422, 423, 455
and 460
[CMS–4190–F3]
RIN 0938–AT97
Medicare and Medicaid Programs;
Contract Year 2022 Policy and
Technical Changes to the Medicare
Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicaid Program, Medicare Cost Plan
Program, and Programs of All
Inclusive Care for the Elderly;
Corrections
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction and
correcting amendment.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
January 19, 2021 Federal Register titled
‘‘Medicare and Medicaid Programs;
Contract Year 2022 Policy and
Technical Changes to the Medicare
SUMMARY:
■
VerDate Sep<11>2014
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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02JNR1
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicaid Program, Medicare Cost Plan
Program, and Programs of All Inclusive
Care for the Elderly.’’ The effective date
of the final rule was March 22, 2021.
DATES: This document is effective June
2, 2021.
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.
Lucia Patrone, (410) 786–8621—Part
D Issues.
Kristy Nishimoto, (206) 615–2367—
Beneficiary Enrollment and Appeals
Issues.
Danielle Blaser, (410) 786–3487—
Program Integrity Issues.
Tobey Oliver, (202) 260–1113—D–
SNP Appeals and Grievances.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021–00538 of January 19,
2021 (86 FR 5864), the final rule titled
‘‘Medicare and Medicaid Programs;
Contract Year 2022 Policy and
Technical Changes to the Medicare
Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicaid Program, Medicare Cost Plan
Program, and Programs of All Inclusive
Care for the Elderly’’, there were
technical errors that are identified and
corrected in this correcting amendment.
II. Summary of Errors
jbell on DSKJLSW7X2PROD with RULES
A. Summary of Errors in the Preamble
On pages 5870, 5895, 5950, 5975,
5983, 5985, 5987, 6007, 6016, and 6088,
we made inadvertent grammatical and
typographical errors.
On page 5938, in our discussion of
tiering exceptions requests and the
complaint tracking module, we
inadvertently included an incorrect
link.
On pages 5962 and 6058, we made
typographical errors in several
regulatory citations.
On pages 5977 and 5990, made
typographical errors in cross-references
to other sections of the final rule.
On page 6062, in our discussion of the
information collection requirements
(ICRs) regarding beneficiaries’ education
on opioid risks and alternative
treatments (§ 423.128), we mistakenly
referred to ‘‘Part D sponsors’’ rather than
‘‘Part D parent organizations.’’
B. Summary of Errors in the Regulations
Text
On page 6094, in the amendatory
instructions for § 422.101, we
VerDate Sep<11>2014
17:10 Jun 01, 2021
Jkt 253001
inadvertently omitted changes that
would move existing paragraph (f)(2)(vi)
to paragraph (f)(3)(i) This error caused a
duplication of those paragraphs.
Therefore, we are removing paragraph
(f)(2)(vi) to correct this error.
On page 6103, we inadvertently
changed the format in the regulation
text for § 422.760(b)(3)(ii)(C) that was
inconsistent with the language in
§ 423.760(b)(3)(ii)(C). In addition, we
made a typographical error in
§ 422.760(b)(3)(ii)(A).
On page 6120, in the regulation text
for § 423.568(j)(2) and (3) and (k), we
inadvertently use language applicable to
MA plans instead of Part D plan
sponsors.
On page 6128, in the regulations text
for § 423.2267, we inadvertently
misnumbered a paragraph.
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. Specifically, 5
U.S.C. 553 requires the agency to
publish a notice of the proposed rule in
the Federal Register that includes a
reference to the legal authority under
which the rule is proposed, and the
terms and substance of the proposed
rule or a description of the subjects and
issues involved. Further, 5 U.S.C. 553
requires the agency to give interested
parties the opportunity to participate in
the rulemaking through public comment
before the provisions of the 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 for rulemaking to carry out the
administration of the Medicare program
under title XVIII of the Act. In addition,
section 553(d) of the APA, and section
1871(e)(1)(B)(i) of the Social Security
Act (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, also provide exceptions from the
notice and 60-day comment period and
delay in effective date requirements of
the Act. 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
PO 00000
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29527
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 of the APA or section 1871
of the Act. This correcting document
corrects technical errors in the preamble
and regulations 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 requirements for
notice and comment and delay of
effective date.
IV. Correction of Errors in the Preamble
In FR Doc. 2021–00538, published in
the Federal Register of January 19,
2021, beginning on page 5864, the
following corrections are made:
1. On page 5870, second column of
the table, first paragraph, line 3, the
phrase ‘‘he RTBTI’’ is corrected to read
‘‘The RTBT’’.
2. On page 5895, third column,
second full paragraph, line 6, the terms
‘‘thatthis’’ are corrected to read ‘‘that
this’’.
3. On page 5938, second column,
second full paragraph, lines 8 through
10, the website link ‘‘https://
E:\FR\FM\02JNR1.SGM
02JNR1
29528
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
www.cms.gov/files/document/
cy2020part-dreportingrequirements.pdf’’ is corrected
to read ‘‘https://www.cms.gov/files/
document/cy2020part-d-reportingrequirements082719.pdf’’.
4. On page 5950, third column, third
full paragraph, lines 23 and 24, the
phrase ‘‘will become’’ is corrected to
‘‘became’’.
5. On page 5962, third column,
second partial paragraph, line 7, the
citation ‘‘§ 422.509 or § 423.510’’ is
corrected to read ‘‘§ 422.510 or
§ 423.509’’.
6. On page 5975, first column, fifth
paragraph, line 18, the word ‘‘reward’’
is corrected to read ‘‘rewards’’.
7. On page 5977, third column,
second full paragraph, line 19, the
phrase ‘‘Section IIIC’’ is corrected to
read ‘‘Section III.C.’’.
8. On page 5983, second column, first
partial paragraph, line 37, the word
‘‘provider’’ is corrected to read
‘‘provides’’.
9. On page 5985, third column, first
full paragraph, line 6, the word ‘‘are’’ is
corrected to read ‘‘is’’.
10. On page 5987, first column,
second partial paragraph, line 17, the
word ‘‘of’’ is corrected to read ‘‘or’’.
11. On page 5990, second column,
first full paragraph, line 25, the
reference ‘‘section D.’’ is corrected to
read ‘‘section V.D.’’.
12. On page 6007, first column,
second partial paragraph, lines 26 and
27, the phrase ‘‘used evaluating’’ is
corrected to read ‘‘use in evaluating’’.
13. On page 6016, first column, first
full paragraph, line 1, the word ‘‘toe’’ is
corrected to read ‘‘to’’.
14. On page 6058, third column, first
full paragraph, line 4:
a. The reference ‘‘0938–10396’’ is
corrected to ‘‘0938–1154’’.
b. The reference ‘‘CMS–1154’’ is
corrected to read ‘‘CMS–10396’’.
15. On page 6062, first column, first
full paragraph, line 1, ‘‘288 Part D
sponsors’’ is corrected to read ‘‘288 Part
D parent organizations’’.
16. On page 6088, second column,
first full paragraph, line 12, ‘‘positon’’ is
corrected to ‘‘position’’.
List of Subjects
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42 CFR Part 422
Administrative practice and
procedure, Health facilities, Health
maintenance organizations (HMO),
Medicare, Penalties, Privacy, Reporting
and recordkeeping requirements.
42 CFR Part 423
17:10 Jun 01, 2021
Dated: May 25, 2021.
Karuna Seshasai,
Executive Secretary to the Department,
Department of Health and Human Services.
PART 422—MEDICARE ADVANTAGE
PROGRAM
DEPARTMENT OF TRANSPORTATION
1. The authority citation for part 422
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395hh.
§ 422.101
2. Section 422.101 is amended by
removing paragraph (f)(2)(vi).
■ 3. Section 422.760 is amended as
follows:
■ a. In paragraph (b)(3)(ii)(A) by
removing the word ‘‘increases’’ and
adding in its place the phrase ‘‘are
increased’’.
■ b. By revising paragraph (b)(3)(ii)(C).
The revision reads as follows:
■
§ 422.760 Determinations regarding the
amount of civil money penalties and
assessment imposed by CMS.
*
*
*
*
*
(b) * * *
(3) * * *
(ii) * * *
(C) CMS tracks the calculation and
accrual of the standard minimum
penalty and aggravating factor amounts
and announces them on an annual basis.
*
*
*
*
*
PART 423—VOLUNTARY MEDICARE
PRESCRIPTION DRUG BENEFIT
4. The authority citation for part 423
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1306, 1395w–
101 through 1395w–152, and 1395hh.
§ 423.568
[Amended]
5. Section 423.568 is amended as
follows:
■ a. In paragraph (j)(2) by removing the
phrase ‘‘MA organization’’ and adding
in its place the phrase ‘‘Part D plan
sponsor’’.
■ b. In paragraph (j)(3) by removing the
term ‘‘reconsideration’’ adding in its
place the term ‘‘redetermination’’.
■ c. In paragraph (k) by removing the
term ‘‘redetermination’’ adding in its
place the term ‘‘coverage
determination’’.
■
§ 423.2267
Jkt 253001
[Amended]
6. Section 423.2267 is amended by
redesignating paragraph (e)(13)(ii)(H) as
paragraph (e)(13)(ii)(G).
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[FR Doc. 2021–11446 Filed 6–1–21; 8:45 am]
BILLING CODE 4120–01–P
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107
RIN 2105–AE99
[Amended]
■
Administrative practice and
procedure, Emergency medical services,
VerDate Sep<11>2014
Health facilities, Health maintenance
organizations (HMO), Medicare,
Penalties, Privacy, Reporting and
recordkeeping requirements.
Accordingly, 42 CFR parts 422 and
423 are corrected by making the
following correcting amendments:
Sfmt 4700
Civil Penalty Amounts; Correction
Department of Transportation
(DOT or the Department).
ACTION: Final rule; technical correction.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, DOT published a final rule on
May 3, 2021 to provide the 2021
inflation adjustment to civil penalty
amounts that may be imposed for
violations of certain DOT regulations.
This rule corrects an error in that
rulemaking resulting from an inaccurate
amendatory instruction. The rule does
not change any civil penalty amounts
established in the final rule published
on May 3, 2021.
DATES: Effective June 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Kohl, Attorney-Advisor,
Office of the General Counsel, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, Washington, DC
20590, elizabeth.kohl@dot.gov.
SUPPLEMENTARY INFORMATION: This rule
corrects an error in DOT’s final rule,
published on May 3, 2021 (86 FR 23241)
in accordance with the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, providing
the 2021 inflation adjustment to civil
penalty amounts that may be imposed
for violations of certain DOT
regulations. Specifically, in amendatory
instruction 19., DOT specified removal
of ‘‘July 31, 2019’’ from appendix A to
subpart D of 49 CFR 107, and
replacement with ‘‘May 3, 2021’’. The
instruction should instead have directed
removal of ‘‘January 11, 2021’’ and
replacement with ‘‘May 3, 2021’’. DOT
publishes this final rule to effectuate
that change.
SUMMARY:
Regulatory Analysis and Notices
DOT has determined that all of the
regulatory reviews and analyses
conducted in support of the May 3, 2021
final rule remain unchanged as a result
of this final rule.
E:\FR\FM\02JNR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29526-29528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11446]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 417, 422, 423, 455 and 460
[CMS-4190-F3]
RIN 0938-AT97
Medicare and Medicaid Programs; Contract Year 2022 Policy and
Technical Changes to the Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan
Program, and Programs of All Inclusive Care for the Elderly;
Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the January 19, 2021 Federal Register
titled ``Medicare and Medicaid Programs; Contract Year 2022 Policy and
Technical Changes to the Medicare
[[Page 29527]]
Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid
Program, Medicare Cost Plan Program, and Programs of All Inclusive Care
for the Elderly.'' The effective date of the final rule was March 22,
2021.
DATES: This document is effective June 2, 2021.
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.
Lucia Patrone, (410) 786-8621--Part D Issues.
Kristy Nishimoto, (206) 615-2367--Beneficiary Enrollment and
Appeals Issues.
Danielle Blaser, (410) 786-3487--Program Integrity Issues.
Tobey Oliver, (202) 260-1113--D-SNP Appeals and Grievances.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-00538 of January 19, 2021 (86 FR 5864), the final
rule titled ``Medicare and Medicaid Programs; Contract Year 2022 Policy
and Technical Changes to the Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan
Program, and Programs of All Inclusive Care for the Elderly'', there
were technical errors that are identified and corrected in this
correcting amendment.
II. Summary of Errors
A. Summary of Errors in the Preamble
On pages 5870, 5895, 5950, 5975, 5983, 5985, 5987, 6007, 6016, and
6088, we made inadvertent grammatical and typographical errors.
On page 5938, in our discussion of tiering exceptions requests and
the complaint tracking module, we inadvertently included an incorrect
link.
On pages 5962 and 6058, we made typographical errors in several
regulatory citations.
On pages 5977 and 5990, made typographical errors in cross-
references to other sections of the final rule.
On page 6062, in our discussion of the information collection
requirements (ICRs) regarding beneficiaries' education on opioid risks
and alternative treatments (Sec. 423.128), we mistakenly referred to
``Part D sponsors'' rather than ``Part D parent organizations.''
B. Summary of Errors in the Regulations Text
On page 6094, in the amendatory instructions for Sec. 422.101, we
inadvertently omitted changes that would move existing paragraph
(f)(2)(vi) to paragraph (f)(3)(i) This error caused a duplication of
those paragraphs. Therefore, we are removing paragraph (f)(2)(vi) to
correct this error.
On page 6103, we inadvertently changed the format in the regulation
text for Sec. 422.760(b)(3)(ii)(C) that was inconsistent with the
language in Sec. 423.760(b)(3)(ii)(C). In addition, we made a
typographical error in Sec. 422.760(b)(3)(ii)(A).
On page 6120, in the regulation text for Sec. 423.568(j)(2) and
(3) and (k), we inadvertently use language applicable to MA plans
instead of Part D plan sponsors.
On page 6128, in the regulations text for Sec. 423.2267, we
inadvertently misnumbered a paragraph.
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.
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of
the proposed rule in the Federal Register that includes a reference to
the legal authority under which the rule is proposed, and the terms and
substance of the proposed rule or a description of the subjects and
issues involved. Further, 5 U.S.C. 553 requires the agency to give
interested parties the opportunity to participate in the rulemaking
through public comment before the provisions of the 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 for
rulemaking to carry out the administration of the Medicare program
under title XVIII of the Act. In addition, section 553(d) of the APA,
and section 1871(e)(1)(B)(i) of the Social Security Act (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, also provide exceptions
from the notice and 60-day comment period and delay in effective date
requirements of the Act. 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 of the APA or section 1871 of the Act. This
correcting document corrects technical errors in the preamble and
regulations 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 requirements for notice and comment and delay of
effective date.
IV. Correction of Errors in the Preamble
In FR Doc. 2021-00538, published in the Federal Register of January
19, 2021, beginning on page 5864, the following corrections are made:
1. On page 5870, second column of the table, first paragraph, line
3, the phrase ``he RTBTI'' is corrected to read ``The RTBT''.
2. On page 5895, third column, second full paragraph, line 6, the
terms ``thatthis'' are corrected to read ``that this''.
3. On page 5938, second column, second full paragraph, lines 8
through 10, the website link ``https://
[[Page 29528]]
www.cms.gov/files/document/cy2020part-d-reportingrequirements.pdf'' is
corrected to read ``https://www.cms.gov/files/document/cy2020part-d-reporting-requirements082719.pdf''.
4. On page 5950, third column, third full paragraph, lines 23 and
24, the phrase ``will become'' is corrected to ``became''.
5. On page 5962, third column, second partial paragraph, line 7,
the citation ``Sec. 422.509 or Sec. 423.510'' is corrected to read
``Sec. 422.510 or Sec. 423.509''.
6. On page 5975, first column, fifth paragraph, line 18, the word
``reward'' is corrected to read ``rewards''.
7. On page 5977, third column, second full paragraph, line 19, the
phrase ``Section IIIC'' is corrected to read ``Section III.C.''.
8. On page 5983, second column, first partial paragraph, line 37,
the word ``provider'' is corrected to read ``provides''.
9. On page 5985, third column, first full paragraph, line 6, the
word ``are'' is corrected to read ``is''.
10. On page 5987, first column, second partial paragraph, line 17,
the word ``of'' is corrected to read ``or''.
11. On page 5990, second column, first full paragraph, line 25, the
reference ``section D.'' is corrected to read ``section V.D.''.
12. On page 6007, first column, second partial paragraph, lines 26
and 27, the phrase ``used evaluating'' is corrected to read ``use in
evaluating''.
13. On page 6016, first column, first full paragraph, line 1, the
word ``toe'' is corrected to read ``to''.
14. On page 6058, third column, first full paragraph, line 4:
a. The reference ``0938-10396'' is corrected to ``0938-1154''.
b. The reference ``CMS-1154'' is corrected to read ``CMS-10396''.
15. On page 6062, first column, first full paragraph, line 1, ``288
Part D sponsors'' is corrected to read ``288 Part D parent
organizations''.
16. On page 6088, second column, first full paragraph, line 12,
``positon'' is corrected to ``position''.
List of Subjects
42 CFR Part 422
Administrative practice and procedure, Health facilities, Health
maintenance organizations (HMO), Medicare, Penalties, Privacy,
Reporting and recordkeeping requirements.
42 CFR Part 423
Administrative practice and procedure, Emergency medical services,
Health facilities, Health maintenance organizations (HMO), Medicare,
Penalties, Privacy, Reporting and recordkeeping requirements.
Accordingly, 42 CFR parts 422 and 423 are corrected by making the
following correcting amendments:
PART 422--MEDICARE ADVANTAGE PROGRAM
0
1. The authority citation for part 422 continues to read as follows:
Authority: 42 U.S.C. 1302 and 1395hh.
Sec. 422.101 [Amended]
0
2. Section 422.101 is amended by removing paragraph (f)(2)(vi).
0
3. Section 422.760 is amended as follows:
0
a. In paragraph (b)(3)(ii)(A) by removing the word ``increases'' and
adding in its place the phrase ``are increased''.
0
b. By revising paragraph (b)(3)(ii)(C).
The revision reads as follows:
Sec. 422.760 Determinations regarding the amount of civil money
penalties and assessment imposed by CMS.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(C) CMS tracks the calculation and accrual of the standard minimum
penalty and aggravating factor amounts and announces them on an annual
basis.
* * * * *
PART 423--VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT
0
4. The authority citation for part 423 continues to read as follows:
Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152,
and 1395hh.
Sec. 423.568 [Amended]
0
5. Section 423.568 is amended as follows:
0
a. In paragraph (j)(2) by removing the phrase ``MA organization'' and
adding in its place the phrase ``Part D plan sponsor''.
0
b. In paragraph (j)(3) by removing the term ``reconsideration'' adding
in its place the term ``redetermination''.
0
c. In paragraph (k) by removing the term ``redetermination'' adding in
its place the term ``coverage determination''.
Sec. 423.2267 [Amended]
0
6. Section 423.2267 is amended by redesignating paragraph
(e)(13)(ii)(H) as paragraph (e)(13)(ii)(G).
Dated: May 25, 2021.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-11446 Filed 6-1-21; 8:45 am]
BILLING CODE 4120-01-P
