Medicare and Medicaid Programs; Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Program of All-Inclusive Care for the Elderly (PACE), Medicaid Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and 2021; Extension of Timeline To Finalize a Rulemaking, 65723-65724 [2022-23563]
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Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Proposed Rules
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and therefore was not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the PRA because it does
not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This proposed action, if
finalized, would require the state to
adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate of $100 million or
more, as described in UMRA (2 U.S.C.
1531–1538) and does not significantly
or uniquely affect small governments.
This action itself imposes no
enforceable duty on any state, local, or
tribal governments, or the private sector.
This action proposes to determine that
the Portola nonattainment area failed to
attain the NAAQS by the applicable
attainment date. If finalized, this
determination would trigger existing
statutory timeframes for the state to
submit a SIP revision. Such a
determination in and of itself does not
impose any federal intergovernmental
mandate.
lotter on DSK11XQN23PROD with PROPOSALS1
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. As there are no federally
VerDate Sep<11>2014
16:25 Oct 31, 2022
Jkt 259001
recognized tribes within the Portola
nonattainment area,29 the proposed
finding of failure to attain the 2012
annual PM2.5 NAAQS does not apply to
tribal areas, and the proposed rule
would not impose a burden on Indian
reservation lands or other areas where
the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction within the Portola
nonattainment area. Thus, this proposed
rule does not have tribal implications
and will not impose substantial direct
costs on tribal governments or preempt
tribal law as specified by Executive
Order 13175.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This proposed action
is not subject to Executive Order 13045
because the effect of this proposed
action, if finalized, would be to trigger
additional planning requirements under
the CAA. This proposed action does not
establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, because it is not
a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 establishes
federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
29 Map of Federally-Recognized Tribes in EPA’s
Pacific Southwest (Region 9) is available at https://
www.epa.gov/tribal-pacific-sw/map-federallyrecognized-tribes-epas-pacific-southwest-region-9.
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65723
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. There
is no information in the record
indicating that this action would be
inconsistent with the stated goals of
Executive Order 12898 of achieving
environmental justice for people of
color, low-income populations, and
indigenous peoples.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 19, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–23344 Filed 10–31–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 422, 423, 438, and 498
[CMS–4185–RCN2]
RIN 0938–AT59
Medicare and Medicaid Programs;
Policy and Technical Changes to the
Medicare Advantage, Medicare
Prescription Drug Benefit, Program of
All-Inclusive Care for the Elderly
(PACE), Medicaid Fee-For-Service, and
Medicaid Managed Care Programs for
Years 2020 and 2021; Extension of
Timeline To Finalize a Rulemaking
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Extension of timeline for
publication of final rule.
AGENCY:
The Social Security Act (the
Act) requires us to publish a Medicare
final rule no later than 3 years after the
publication date of the proposed rule.
This document announces an additional
3 month extension of the timeline for
publication of a Medicare final rule in
SUMMARY:
E:\FR\FM\01NOP1.SGM
01NOP1
lotter on DSK11XQN23PROD with PROPOSALS1
65724
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Proposed Rules
accordance with the Act, which allows
us to extend the timeline for publication
of the ‘‘Medicare and Medicaid
Programs; Policy and Technical Changes
to the Medicare Advantage, Medicare
Prescription Drug Benefit, Program of
All-inclusive Care for the Elderly
(PACE), Medicaid Fee-For-Service, and
Medicaid Managed Care Programs for
Years 2020 and 2021’’ final rule under
exceptional circumstances.
DATES: As of October 28, 2022, the
timeline for publication of a rule to
finalize the November 1, 2018 proposed
rule (83 FR 54982) is extended until
February 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Joseph Strazzire, (410) 786–2775.
SUPPLEMENTARY INFORMATION: On
November 1, 2018 (83 FR 54982), we
published a proposed rule, ‘‘Medicare
and Medicaid Programs; Policy and
Technical Changes to the Medicare
Advantage, Medicare Prescription Drug
Benefit, Program of All-inclusive Care
for the Elderly (PACE), Medicaid FeeFor-Service, and Medicaid Managed
Care Programs for Years 2020 and
2021,’’ that would revise the Medicare
Advantage (MA) Risk Adjustment Data
Validation (RADV) regulations to
improve program efficiency and
payment accuracy. The proposed rule
discussed the Secretary’s authority to:
(1) extrapolate in the recovery of RADV
overpayments, starting with payment
year 2011 contract-level audits; and (2)
not apply a fee-for-service (FFS) adjuster
to the RADV overpayment
determinations.
Section 1871(a)(3)(A) of the Act
requires the Secretary to establish and
publish a regular timeline for the
publication of final regulations based on
the previous publication of a proposed
regulation. In accordance with section
1871(a)(3)(B) of the Act, the timeline
may vary among different regulations
based on differences in the complexity
of the regulation, the number and scope
of comments received, and other
relevant factors, but may not be longer
than 3 years except under exceptional
circumstances. In addition, in
accordance with section 1871(a)(3)(B) of
the Act, the Secretary may extend the
initial targeted publication date of the
final regulation if the Secretary, no later
than the regulation’s previously
established proposed publication date,
publishes a notice with the new target
date for publication, and such notice
includes a brief explanation of the
justification for the variation.
On October 21, 2021 (86 FR 58245),
we published a notice of a 1-year
extension of the timeline for publication
of a rule to finalize the November 1,
VerDate Sep<11>2014
16:25 Oct 31, 2022
Jkt 259001
2018, proposed rule (83 FR 54982) until
November 1, 2022. However, we are
unable to meet this November 1, 2022,
timeline for publication of the
previously referenced RADV-audit
related provisions because of ongoing
exceptional circumstances. As described
in the October 21, 2021 notice of
extension of the timeline, we provided
several extensions of the comment
period and we received extensive public
comments on the proposed rule and
subsequent FFS Adjuster study and
related data. We continue to have
ongoing delays resulting from the
agency’s focus on the COVID–19 public
health emergency, and we have
determined that additional time
continues to be needed to address the
complex policy and operational issues
that were raised.
This document extends the timeline
for publication of the final rule for an
additional 3 months, until February 1,
2023.
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2022–23563 Filed 10–28–22; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 679 and 680
[Docket No.: 221020–0225]
RIN 0648–BL50
Fisheries of the Exclusive Economic
Zone off Alaska; Revisions to the
Economic Data Reports Requirements;
Amendment 52 to the Fishery
Management Plan for the Commercial
King and Tanner Crab Fisheries of the
Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; requests for
comments.
AGENCY:
NMFS issues a proposed rule
to implement Amendment 52 to the
Fishery Management Plan for the
Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian
Islands (Crab FMP) and a regulatory
amendment to revise regulations on
Economic Data Reports (EDR)
requirements for groundfish and crab
fisheries off Alaska. If approved, this
proposed rule would remove third party
SUMMARY:
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Frm 00042
Fmt 4702
Sfmt 4702
data verification audits and blind
formatting requirements from the Bering
Sea and Aleutian Islands (BSAI) crab
fisheries EDR, the Bering Sea American
Fisheries Act (AFA) pollock fishery,
Chinook Salmon EDR, and the BSAI
Amendment 80 fisheries EDR. This
action would also eliminate the EDR
requirements for the Gulf of Alaska
(GOA) trawl fisheries. This proposed
rule is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the Crab
FMP, the Fishery Management Plans for
Groundfish of the Gulf of Alaska
Management Area (GOA FMP), the
Groundfish of the BSAI Management
Area (BSAI FMP), and other applicable
laws.
DATES: Submit comments on or before
December 1, 2022.
ADDRESSES: You may send comments,
identified by Docket ID NOAA–NMFS–
2022–0083 by any of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0083 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska
Region NMFS. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the Regulatory
Impact Review (referred to as the
‘‘Analysis’’) and the Categorical
Exclusion prepared for this emergency
rule may be obtained from https://
www.regulations.gov identified by
Docket ID NOAA–NMFS–2022–0083 or
from the NMFS Alaska Region website
at https://www.fisheries.noaa.gov/
region/alaska.
Written comments regarding the
burden-hour estimates or other aspects
E:\FR\FM\01NOP1.SGM
01NOP1
]]>Agencies
[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Proposed Rules]
[Pages 65723-65724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23563]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 422, 423, 438, and 498
[CMS-4185-RCN2]
RIN 0938-AT59
Medicare and Medicaid Programs; Policy and Technical Changes to
the Medicare Advantage, Medicare Prescription Drug Benefit, Program of
All-Inclusive Care for the Elderly (PACE), Medicaid Fee-For-Service,
and Medicaid Managed Care Programs for Years 2020 and 2021; Extension
of Timeline To Finalize a Rulemaking
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Extension of timeline for publication of final rule.
-----------------------------------------------------------------------
SUMMARY: The Social Security Act (the Act) requires us to publish a
Medicare final rule no later than 3 years after the publication date of
the proposed rule. This document announces an additional 3 month
extension of the timeline for publication of a Medicare final rule in
[[Page 65724]]
accordance with the Act, which allows us to extend the timeline for
publication of the ``Medicare and Medicaid Programs; Policy and
Technical Changes to the Medicare Advantage, Medicare Prescription Drug
Benefit, Program of All-inclusive Care for the Elderly (PACE), Medicaid
Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and
2021'' final rule under exceptional circumstances.
DATES: As of October 28, 2022, the timeline for publication of a rule
to finalize the November 1, 2018 proposed rule (83 FR 54982) is
extended until February 1, 2023.
FOR FURTHER INFORMATION CONTACT: Joseph Strazzire, (410) 786-2775.
SUPPLEMENTARY INFORMATION: On November 1, 2018 (83 FR 54982), we
published a proposed rule, ``Medicare and Medicaid Programs; Policy and
Technical Changes to the Medicare Advantage, Medicare Prescription Drug
Benefit, Program of All-inclusive Care for the Elderly (PACE), Medicaid
Fee-For-Service, and Medicaid Managed Care Programs for Years 2020 and
2021,'' that would revise the Medicare Advantage (MA) Risk Adjustment
Data Validation (RADV) regulations to improve program efficiency and
payment accuracy. The proposed rule discussed the Secretary's authority
to: (1) extrapolate in the recovery of RADV overpayments, starting with
payment year 2011 contract-level audits; and (2) not apply a fee-for-
service (FFS) adjuster to the RADV overpayment determinations.
Section 1871(a)(3)(A) of the Act requires the Secretary to
establish and publish a regular timeline for the publication of final
regulations based on the previous publication of a proposed regulation.
In accordance with section 1871(a)(3)(B) of the Act, the timeline may
vary among different regulations based on differences in the complexity
of the regulation, the number and scope of comments received, and other
relevant factors, but may not be longer than 3 years except under
exceptional circumstances. In addition, in accordance with section
1871(a)(3)(B) of the Act, the Secretary may extend the initial targeted
publication date of the final regulation if the Secretary, no later
than the regulation's previously established proposed publication date,
publishes a notice with the new target date for publication, and such
notice includes a brief explanation of the justification for the
variation.
On October 21, 2021 (86 FR 58245), we published a notice of a 1-
year extension of the timeline for publication of a rule to finalize
the November 1, 2018, proposed rule (83 FR 54982) until November 1,
2022. However, we are unable to meet this November 1, 2022, timeline
for publication of the previously referenced RADV-audit related
provisions because of ongoing exceptional circumstances. As described
in the October 21, 2021 notice of extension of the timeline, we
provided several extensions of the comment period and we received
extensive public comments on the proposed rule and subsequent FFS
Adjuster study and related data. We continue to have ongoing delays
resulting from the agency's focus on the COVID-19 public health
emergency, and we have determined that additional time continues to be
needed to address the complex policy and operational issues that were
raised.
This document extends the timeline for publication of the final
rule for an additional 3 months, until February 1, 2023.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2022-23563 Filed 10-28-22; 4:15 pm]
BILLING CODE 4120-01-P
