Medicare Program; Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and Other Revisions to Medicare Enrollment and Eligibility Rules; Correction, 80468-80469 [2022-28359]

Download as PDF 80468 Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES Name of SIP provision Applicable geographic or nonattainment area or title/subject * * Revision of Rule 322 of the Maricopa County Air Pollution Control Regulations, Appendix 12: RACT Analyses Submitted to the Maricopa County Air Quality Department from the Arizona Public Service and the Salt River Project, only. * * Maricopa County portion of Phoenix-Mesa nonattainment area for 2008 8-hour ozone NAAQS. Demonstrations for Equipment Under Rule 322, section 104.4, paragraph b. * * * June 30, 2021. EPA approval date Explanation * [INSERT Federal Register CITATION], December 30, 2022.. * * Submitted on June 30, 2021 under a letter dated June 24, 2021, as a part of the SIP revision for Maricopa County Rule 322. Required demonstrations from facilities that operate equipment seeking partial exemption from the rule through compliance with annual heat input limits. * * * * II. Summary of Errors ■ DEPARTMENT OF HEALTH AND HUMAN SERVICES § 52.124 Centers for Medicare & Medicaid Services On page 66457, in a table that provides an example of the current entitlement dates compared to the revisions made by the Consolidated Appropriations Act, 2021 (CAA) there were inadvertent typographical errors in the formatting of a row of table. On page 66468, in our discussion of the special enrollment period (SEP) to coordinate with termination of Medicaid coverage, we made typographical errors in referencing a regulatory citation. On page 66496, in our discussion of the information collection requirements regarding beneficiary enrollment simplification, we inadvertently omitted a word. * * * * * 3. Amend § 52.124 by adding paragraph (b) to read as follows. Part D disapproval. * * * * * (b) The following Reasonably Available Control Technology (RACT) determinations are disapproved because they do not meet the requirements of Part D of the Clean Air Act. (1) [Reserved] (2) Maricopa County Air Quality Department. (i) RACT determinations for major sources of NOX, and CTG source categories for Aerospace Coating and Industrial Adhesives (‘‘National Emission Standards for Hazardous Air Pollutants for Source Categories: Aerospace Manufacturing and Rework’’ (59 FR 29216), ‘‘Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations’’ (EPA–453/R–97–004), and ‘‘Control Techniques Guidelines for Miscellaneous Industrial Adhesives’’ (EPA–453/R–08–005)), in the submittal titled ‘‘Analysis of Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP),’’ dated December 5, 2016, as adopted on May 24, 2017 and submitted on June 22, 2017. (ii) [Reserved] * * * * * khammond on DSKJM1Z7X2PROD with RULES State submittal date § 52.133 [Amended] 4. Amend § 52.133 by removing and reserving paragraph (h). [FR Doc. 2022–28272 Filed 12–29–22; 8:45 am] BILLING CODE 6560–50–P 16:40 Dec 29, 2022 [CMS–4199–CN] RIN 0938–AU85 Medicare Program; Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and Other Revisions to Medicare Enrollment and Eligibility Rules; Correction Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). AGENCY: ACTION: Final rule; correction. This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on November 3, 2022, entitled ‘‘Medicare Program; Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and other Revisions to Medicare Enrollment and Eligibility Rules.’’ SUMMARY: Effective date: This correcting document is effective on December 30, 2022. DATES: FOR FURTHER INFORMATION CONTACT: Kristy Nishimoto, (206) 615–2367. SUPPLEMENTARY INFORMATION: I. Background ■ VerDate Sep<11>2014 42 CFR Parts 400, 406, 407, 408, 410, 423, 431, and 435 Jkt 259001 In FR Doc. 2022–23407 of November 3, 2022 (87 FR 66454), there were a several technical and typographical errors that are identified and corrected in this correcting document. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 A. Summary of Errors in the Preamble B. Summary of Errors in the Regulations Text On page 66506, in the amendatory instructions for § 407.25 we made a technical error in the instruction regarding paragraph (b)(3). III. Waiver of Proposed Rulemaking We ordinarily publish a notice of proposed rulemaking in the Federal Register and invite public comment on the proposed rule in accordance with 5 U.S.C. 553(b) of the Administrative Procedure Act (APA). The notice of proposed rulemaking includes a reference to the legal authority under which the rule is proposed, and the terms and substances of the proposed rule or a description of the subjects and issues involved. This procedure can be waived, however, if an agency finds good cause that a notice-and-comment procedure is impracticable, unnecessary, or contrary to the public interest and incorporates a statement of the finding and its reasons in the rule issued. E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Rules and Regulations We believe that this final rule correcting document does not constitute a rule that would be subject to the notice and comment or delayed effective date requirements. This document merely corrects minor typographical errors in the final rule, but it does not make substantive changes to the policies or the implementing regulations that were adopted in the final rule. As a result, this final rule correcting document is intended to ensure that the information in the final rule accurately reflects the policies and regulatory amendments adopted in that document. In addition, even if this were a rule to which the notice and comment procedures and delayed effective date Enrolls: In IEP January ......................... February ........................ March ............................ April ............................... May ............................... June .............................. July ................................ In GEP January ......................... February ........................ March ............................ In FR Doc. 2022–23407 of November 3, 2022 (87 FR 66454), make the following corrections: 1. On page 66457, upper one-third of the page, the untitled table, the table is corrected to read as follows: April 1 (month eligibility requirements first met) ............. April 1 .............................................................................. April 1 .............................................................................. May 1 (month following month of enrollment) ................ July 1 (second month after month of enrollment) ........... September 1 (third month after month of enrollment) .... October 1 (third month after month of enrollment) ......... April 1 (month eligibility requirements first met). April 1. April 1. May 1. June 1. July 1. August 1. July 1 ............................................................................... July 1 ............................................................................... July 1 ............................................................................... February. March. April. 5. On page 66506, third column, amendatory instruction 16 (§ 407.25), is corrected to read, ‘‘16. Effective January 1, 2023, § 407.25 is amended by revising paragraphs (a) and (b)(1) and adding paragraph (b)(3) to read as follows:’’ Elizabeth J. Gramling, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2022–28359 Filed 12–29–22; 8:45 am] BILLING CODE 4120–01–P khammond on DSKJM1Z7X2PROD with RULES IV. Correction of Errors On or after 1/1/23—entitlement begins on: ■ 16:40 Dec 29, 2022 Furthermore, such notice and comment procedures would be contrary to the public interest because it is in the public’s interest to ensure that the final rule accurately reflects our policies and regulatory changes. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. Prior to 1/1/23—entitlement begins on: 2. On page 66468 in the first column, second full paragraph, last line, the regulatory citation ‘‘407.27(f)’’ is corrected to read ‘‘407.23(f)’’. 3. On page 66468 in the third column, second full paragraph, line 11, the regulatory citation, ‘‘407.27(f)’’ is corrected to read ‘‘407.23(f)’’. 4. On page 66496, first column, second full paragraph, line 4, the phrase, ‘‘Exceptional Conditions’’ is corrected to read ‘‘Other Exceptional Conditions’’. VerDate Sep<11>2014 requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the minor corrections in this document into the final rule or delaying the effective date would be unnecessary, as we are not altering our policies or regulatory changes, but rather, we are simply implementing correctly the policies and regulatory changes that we previously proposed, requested comment on, and subsequently finalized. This final rule correcting document is intended solely to ensure that the final rule accurately reflects these policies and regulatory changes. Jkt 259001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 413 and 512 [CMS–1768–CN] RIN 0938–AU79 Medicare Program; End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model; Correction Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. AGENCY: This document corrects technical errors that appeared in the November 7, 2022 Federal Register in the final rule entitled ‘‘Medicare Program; End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, and End-Stage Renal Disease Treatment Choices Model’’ SUMMARY: PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 80469 (referred to hereafter as the calendar year (CY) 2023 ESRD PPS final rule). DATES: This correction is effective January 1, 2023. FOR FURTHER INFORMATION CONTACT: ESRDPayment@cms.hhs.gov, for issues related to the ESRD PPS and coverage and payment for renal dialysis services furnished to individuals with acute kidney injury (AKI). ESRDApplications@cms.hhs.gov, for issues related to applications for the Transitional Add-On Payment Adjustment for New and Innovative Equipment and Supplies (TPNIES) or the Transitional Drug Add-on Payment Adjustment (TDAPA). SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2022–23778 of November 7, 2022 (87 FR 67136), there were a number of typographical 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 that appeared in the November 7, 2022 Federal Register. Accordingly, the corrections are effective January 1, 2023. II. Summary of Errors On pages 67170 and 67171, we inadvertently made a typographical E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80468-80469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28359]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 400, 406, 407, 408, 410, 423, 431, and 435

[CMS-4199-CN]
RIN 0938-AU85


Medicare Program; Implementing Certain Provisions of the 
Consolidated Appropriations Act, 2021 and Other Revisions to Medicare 
Enrollment and Eligibility Rules; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correction.

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

SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the Federal Register on 
November 3, 2022, entitled ``Medicare Program; Implementing Certain 
Provisions of the Consolidated Appropriations Act, 2021 and other 
Revisions to Medicare Enrollment and Eligibility Rules.''

DATES: Effective date: This correcting document is effective on 
December 30, 2022.

FOR FURTHER INFORMATION CONTACT: Kristy Nishimoto, (206) 615-2367.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2022-23407 of November 3, 2022 (87 FR 66454), there were 
a several technical and typographical errors that are identified and 
corrected in this correcting document.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 66457, in a table that provides an example of the current 
entitlement dates compared to the revisions made by the Consolidated 
Appropriations Act, 2021 (CAA) there were inadvertent typographical 
errors in the formatting of a row of table.
    On page 66468, in our discussion of the special enrollment period 
(SEP) to coordinate with termination of Medicaid coverage, we made 
typographical errors in referencing a regulatory citation.
    On page 66496, in our discussion of the information collection 
requirements regarding beneficiary enrollment simplification, we 
inadvertently omitted a word.

B. Summary of Errors in the Regulations Text

    On page 66506, in the amendatory instructions for Sec.  407.25 we 
made a technical error in the instruction regarding paragraph (b)(3).

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register and invite public comment on the proposed rule in 
accordance with 5 U.S.C. 553(b) of the Administrative Procedure Act 
(APA). The notice of proposed rulemaking includes a reference to the 
legal authority under which the rule is proposed, and the terms and 
substances of the proposed rule or a description of the subjects and 
issues involved. This procedure can be waived, however, if an agency 
finds good cause that a notice-and-comment procedure is impracticable, 
unnecessary, or contrary to the public interest and incorporates a 
statement of the finding and its reasons in the rule issued.

[[Page 80469]]

    We believe that this final rule correcting document does not 
constitute a rule that would be subject to the notice and comment or 
delayed effective date requirements. This document merely corrects 
minor typographical errors in the final rule, but it does not make 
substantive changes to the policies or the implementing regulations 
that were adopted in the final rule. As a result, this final rule 
correcting document is intended to ensure that the information in the 
final rule accurately reflects the policies and regulatory amendments 
adopted in that document.
    In addition, even if this were a rule to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such requirements. Undertaking 
further notice and comment procedures to incorporate the minor 
corrections in this document into the final rule or delaying the 
effective date would be unnecessary, as we are not altering our 
policies or regulatory changes, but rather, we are simply implementing 
correctly the policies and regulatory changes that we previously 
proposed, requested comment on, and subsequently finalized. This final 
rule correcting document is intended solely to ensure that the final 
rule accurately reflects these policies and regulatory changes. 
Furthermore, such notice and comment procedures would be contrary to 
the public interest because it is in the public's interest to ensure 
that the final rule accurately reflects our policies and regulatory 
changes. Therefore, we believe we have good cause to waive the notice 
and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2022-23407 of November 3, 2022 (87 FR 66454), make the 
following corrections:
    1. On page 66457, upper one-third of the page, the untitled table, 
the table is corrected to read as follows:

------------------------------------------------------------------------
                                Prior to 1/1/23--   On or after 1/1/23--
          Enrolls:             entitlement begins    entitlement begins
                                       on:                   on:
------------------------------------------------------------------------
In IEP
    January.................  April 1 (month        April 1 (month
                               eligibility           eligibility
                               requirements first    requirements first
                               met).                 met).
    February................  April 1.............  April 1.
    March...................  April 1.............  April 1.
    April...................  May 1 (month          May 1.
                               following month of
                               enrollment).
    May.....................  July 1 (second month  June 1.
                               after month of
                               enrollment).
    June....................  September 1 (third    July 1.
                               month after month
                               of enrollment).
    July....................  October 1 (third      August 1.
                               month after month
                               of enrollment).
In GEP
    January.................  July 1..............  February.
    February................  July 1..............  March.
    March...................  July 1..............  April.
------------------------------------------------------------------------

    2. On page 66468 in the first column, second full paragraph, last 
line, the regulatory citation ``407.27(f)'' is corrected to read 
``407.23(f)''.
    3. On page 66468 in the third column, second full paragraph, line 
11, the regulatory citation, ``407.27(f)'' is corrected to read 
``407.23(f)''.
    4. On page 66496, first column, second full paragraph, line 4, the 
phrase, ``Exceptional Conditions'' is corrected to read ``Other 
Exceptional Conditions''.

0
5. On page 66506, third column, amendatory instruction 16 (Sec.  
407.25), is corrected to read, ``16. Effective January 1, 2023, Sec.  
407.25 is amended by revising paragraphs (a) and (b)(1) and adding 
paragraph (b)(3) to read as follows:''

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2022-28359 Filed 12-29-22; 8:45 am]
BILLING CODE 4120-01-P
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