Medicare Program; Contract Year 2024 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; Correcting Amendment, 50043-50044 [2023-16307]
Download as PDF
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 417, 422, 423, 455, and
460
[CMS–4201–F2]
RIN 0938–AU96
Medicare Program; Contract Year 2024
Policy and Technical Changes to the
Medicare Advantage Program,
Medicare Prescription Drug Benefit
Program, Medicare Cost Plan Program,
and Programs of All-Inclusive Care for
the Elderly; Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects a
technical error that appeared in the final
rule published in the Federal Register
on April 12, 2023 titled ‘‘Contract Year
2024 Policy and Technical Changes to
the Medicare Advantage Program,
Medicare Prescription Drug Benefit
Program, Medicare Cost Plan Program,
and Programs of All-Inclusive Care for
the Elderly.’’
DATES: This correction is effective
August 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Kristy Nishimoto, (206) 615–2367.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2023–07115 of April 12,
2023 (88 FR 22120), the final rule titled
‘‘Medicare and Medicaid Programs;
Contract Year 2024 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 was a
technical error that is identified and
corrected in this correcting amendment.
lotter on DSK11XQN23PROD with RULES1
II. Summary of Errors in the
Regulations Text
On page 22328 in § 422.62, we
erroneously retained a proposed
amendatory instruction that removed
and reserved existing § 422.62(b)(18). To
correct this error, we are restoring the
language of § 422.62(b)(18).
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
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
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
on a proposed rule. 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
amendment 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 amendment
corrects technical errors in the
regulatory 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
amendment 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
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
50043
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the regulatory text
correction 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 the policies and
regulatory changes that we previously
proposed, requested comment on, and
subsequently finalized.
Specifically, the regulation at
§ 422.62(b)(18) was adopted in the final
rule titled ‘‘Medicare Program; Contract
Year 2021 Policy and Technical
Changes to the Medicare Advantage
Program, Medicare Prescription Drug
Benefit Program, and Medicare Cost
Plan Program,’’ which appeared in the
June 2, 2020 Federal Register (85 FR
33902). A proposal to amend
§ 422.62(b)(18) was included in the
proposed rule (with the same title as the
subject final being corrected) that
appeared in the December 27, 2022
Federal Register (87 FR 79710).
However, the proposed changes to
§ 422.62(b)(18) have not been finalized
and we have indicated that the changes
will be addressed in a subsequent
rulemaking document as appropriate (88
FR 22120). We note that no rulemaking
has finalized removal of § 422.62(b)(18).
This final rule correcting document is
intended solely to ensure that the final
rule and the text at 42 CFR 422.62(b)(18)
accurately reflect policies and
regulatory changes that have been
adopted through rulemaking.
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.
List of Subjects in 42 CFR Part 422
Administrative practice and
procedure, Health facilities, Health
maintenance organizations (HMO),
Medicare, Penalties, Privacy, Reporting
and recordkeeping requirements.
Accordingly, 42 CFR chapter IV is
corrected by making the following
correcting amendments to part 422:
PART 422—MEDICARE ADVANTAGE
PROGRAM
1. The authority citation for part 422
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395hh.
E:\FR\FM\01AUR1.SGM
01AUR1
50044
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
2. Section 422.62 is amended by
revising paragraph (b)(18) to read as
follows:
■
§ 422.62
plan.
Election of coverage under an MA
*
*
*
*
*
(b) * * *
(18) Individuals affected by an
emergency or major disaster declared by
a Federal, state or local government
entity are eligible for a SEP to make a
MA enrollment or disenrollment
election. The SEP starts as of the date
the declaration is made, the incident
start date or, if different, the start date
identified in the declaration, whichever
is earlier, and ends 2 full calendar
months following the end date
identified in the declaration or, if
different, the date the end of the
incident is announced, whichever is
later. The individual is eligible for this
SEP provided the individual—
(i) (A) Resides, or resided at the start
of the SEP eligibility period described in
this paragraph (b)(18), in an area for
which a federal, state or local
government entity has declared an
emergency or major disaster; or
(B) Does not reside in an affected area
but relies on help making healthcare
decisions from one or more individuals
who reside in an affected area; and
(ii) Was eligible for another election
period at the time of the SEP eligibility
period described in this paragraph
(b)(18); and
(iii) Did not make an election during
that other election period due to the
emergency or major disaster.
*
*
*
*
*
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2023–16307 Filed 7–31–23; 8:45 am]
BILLING CODE 4120–01–P
NATIONAL SCIENCE FOUNDATION
45 CFR Part 620
also requires that, during the period that
they are performing their service
obligation under the program,
scholarship recipients must provide
annual documentation of their service
employment and their current contact
information.
DATES: This rule is effective August 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Victor Piotrowski, Lead Program
Director, CyberCorps SFS, NSF, 2415
Eisenhower Avenue, Alexandria, VA
22314, (703) 292–5141, vpiotrow@
nsf.gov.
SUPPLEMENTARY INFORMATION: On July
15, 2022, NSF published proposed
regulations for its CyberCorps®
Scholarship for Service (SFS) program,
pursuant to the Cybersecurity
Enhancement Act of 2014 (Pub. L. 113–
274, sec. 302, 15 U.S.C. 7442), as
amended. See 87 FR 42431 (proposing
new 45 CFR part 620). The goal of the
program, which is led and managed by
NSF in coordination with the U.S.
Office of Personnel Management (OPM)
and Department of Homeland Security
(DHS), is to recruit and train the next
generation of information technology
professionals, industrial control system
security professionals, and security
managers to meet the needs of the
cybersecurity mission for Federal, State,
local, and tribal governments.1
Under the program, NSF makes grant
awards to qualified institutions of
higher education to provide
scholarships to students pursuing
degrees or specialized program
certifications in the cybersecurity field
and cybersecurity-related aspects of
other related fields as appropriate,
including artificial intelligence,
quantum computing and aerospace,
covering the student’s tuition and fees
for not more than three years, plus
stipend.2 In return, scholarship
recipients must agree that, after
receiving their degree, they will work
for a period equal to the length of their
1 See
RIN 3145–AA–64
15 U.S.C. 7442(a).
id. at 7442(b) (as amended by the CHIPS and
Science Act, Public Law 117–167, sec. 10316
(2022)), (c). The program is also intended to provide
summer internship opportunities or other
meaningful temporary appointments in the Federal
information technology and cybersecurity
workforce, to prioritize the placement of
scholarship recipients fulfilling their post-award
employment obligation with executive agencies and
other cybersecurity positions, and to provides
award to promote cybersecurity education, such as
awards for summer cybersecurity camps or teacher
training, in each of the 50 states at the kindergarten
through grade 12 level. Id. at 7442(b)(2), (4). A
detailed summary of the program’s activities and
achievements can be found in the statement of basis
and purpose (preamble) accompanying the
proposed rule.
2 See
NSF Federal Cyber Scholarship-forService Program (CyberCorps® SFS)
AGENCY:
National Science Foundation
(NSF).
lotter on DSK11XQN23PROD with RULES1
ACTION:
Final rule.
The rule establishes
repayment standards for CyberCorps®
SFS scholarship recipients who fail to
fulfill program requirements, and the
process for requesting deferral or
discharge of their service or repayment
obligation, in whole or part. The rule
SUMMARY:
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16:03 Jul 31, 2023
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PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
scholarship in the cybersecurity mission
of a Federal executive agency or other
qualifying entity (i.e., Congress,
interstate agency, State, local, or tribal
government or affiliated critical
infrastructure non-profit, or as a
cybersecurity educator in a qualified
institution of higher education that
provides SFS scholarships to students).3
Recipients must also agree to provide
OPM (in coordination with NSF) and
their qualified institution of higher
education with ‘‘annual verifiable
documentation of post-award
employment’’ and ‘‘up-to-date contact
information’’ while they are completing
their service obligation.4
Scholarship recipients who fail to
fulfill their service or reporting
obligations, or other scholarship
conditions required by the
Cybersecurity Enhancement Act,
become liable to the United States for
repayment of the scholarship.5 In these
cases, the Act provides that the
recipient’s institution shall be
responsible for: (1) determining the
repayment amount, based on how much
of the post-award employment
obligation the recipient has completed,
if any; (2) notifying the recipient, OPM,
and NSF; and (3) collecting repayment
within a time period determined by the
Director of NSF.6 The Act provides that
such amounts ‘‘shall . . . be repaid’’ by
the scholarship recipient ‘‘or[,]’’ if not
repaid, the repayment obligation ‘‘shall
be treated’’ as a Federal Direct
3 Id. at 7442(d) (post-award employment
obligation). The program is required to ‘‘prioritize
the placement of scholarship recipients fulfilling
the post-award employment obligation . . . to
ensure that—(A) not less than 70 percent of such
recipients are placed in an executive agency . . .
; (B) not more than 10 percent of such recipients
are placed as educators in the field of cybersecurity
at qualified institutions of higher education that
provide scholarships under this section; and (C) not
more than 20 percent of such recipients are placed’’
in other qualifying cybersecurity positions. See 15
U.S.C. 7442(b)(3).
4 Id. at 7442(g)(1); see also id. at 7442(h)
(requiring that SFS institutions monitor their
scholarship recipients’ compliance with this service
obligation, and also provide NSF and OPM with
documentation of such service until it is
completed).
5 See id. at 7442(g)(2) (imposing liability on a
scholarship recipient who ‘‘(A) fails to maintain an
acceptable level of academic standing at the
applicable institution of higher education, as
determined by the Director of the National Science
Foundation; (B) is dismissed from the applicable
institution of higher education for disciplinary
reasons; (C) withdraws from the eligible degree
program before completing the program; (D)
declares that the individual does not intend to
fulfill the post-award employment obligation under
this section; (E) fails to maintain or fulfill any of
the post-graduation or post-award obligations or
requirements of the individual; or (F) fails to fulfill
the requirements of paragraph (1) [i.e., annual
verifiable documentation of post-award
employment and up-to-date contact information].’’).
6 Id. at 7442(i), (k).
E:\FR\FM\01AUR1.SGM
01AUR1
Agencies
[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50043-50044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16307]
[[Page 50043]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, 423, 455, and 460
[CMS-4201-F2]
RIN 0938-AU96
Medicare Program; Contract Year 2024 Policy and Technical Changes
to the Medicare Advantage Program, Medicare Prescription Drug Benefit
Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care
for the Elderly; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects a technical error that appeared in the
final rule published in the Federal Register on April 12, 2023 titled
``Contract Year 2024 Policy and Technical Changes to the Medicare
Advantage Program, Medicare Prescription Drug Benefit Program, Medicare
Cost Plan Program, and Programs of All-Inclusive Care for the
Elderly.''
DATES: This correction is effective August 1, 2023.
FOR FURTHER INFORMATION CONTACT: Kristy Nishimoto, (206) 615-2367.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023-07115 of April 12, 2023 (88 FR 22120), the final
rule titled ``Medicare and Medicaid Programs; Contract Year 2024 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
was a technical error that is identified and corrected in this
correcting amendment.
II. Summary of Errors in the Regulations Text
On page 22328 in Sec. 422.62, we erroneously retained a proposed
amendatory instruction that removed and reserved existing Sec.
422.62(b)(18). To correct this error, we are restoring the language of
Sec. 422.62(b)(18).
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 on a proposed rule. 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 amendment 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 amendment corrects technical errors in the regulatory 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
amendment 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 regulatory
text correction 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
the policies and regulatory changes that we previously proposed,
requested comment on, and subsequently finalized.
Specifically, the regulation at Sec. 422.62(b)(18) was adopted in
the final rule titled ``Medicare Program; Contract Year 2021 Policy and
Technical Changes to the Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, and Medicare Cost Plan Program,''
which appeared in the June 2, 2020 Federal Register (85 FR 33902). A
proposal to amend Sec. 422.62(b)(18) was included in the proposed rule
(with the same title as the subject final being corrected) that
appeared in the December 27, 2022 Federal Register (87 FR 79710).
However, the proposed changes to Sec. 422.62(b)(18) have not been
finalized and we have indicated that the changes will be addressed in a
subsequent rulemaking document as appropriate (88 FR 22120). We note
that no rulemaking has finalized removal of Sec. 422.62(b)(18). This
final rule correcting document is intended solely to ensure that the
final rule and the text at 42 CFR 422.62(b)(18) accurately reflect
policies and regulatory changes that have been adopted through
rulemaking. 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.
List of Subjects in 42 CFR Part 422
Administrative practice and procedure, Health facilities, Health
maintenance organizations (HMO), Medicare, Penalties, Privacy,
Reporting and recordkeeping requirements.
Accordingly, 42 CFR chapter IV is corrected by making the following
correcting amendments to part 422:
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.
[[Page 50044]]
0
2. Section 422.62 is amended by revising paragraph (b)(18) to read as
follows:
Sec. 422.62 Election of coverage under an MA plan.
* * * * *
(b) * * *
(18) Individuals affected by an emergency or major disaster
declared by a Federal, state or local government entity are eligible
for a SEP to make a MA enrollment or disenrollment election. The SEP
starts as of the date the declaration is made, the incident start date
or, if different, the start date identified in the declaration,
whichever is earlier, and ends 2 full calendar months following the end
date identified in the declaration or, if different, the date the end
of the incident is announced, whichever is later. The individual is
eligible for this SEP provided the individual--
(i) (A) Resides, or resided at the start of the SEP eligibility
period described in this paragraph (b)(18), in an area for which a
federal, state or local government entity has declared an emergency or
major disaster; or
(B) Does not reside in an affected area but relies on help making
healthcare decisions from one or more individuals who reside in an
affected area; and
(ii) Was eligible for another election period at the time of the
SEP eligibility period described in this paragraph (b)(18); and
(iii) Did not make an election during that other election period
due to the emergency or major disaster.
* * * * *
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2023-16307 Filed 7-31-23; 8:45 am]
BILLING CODE 4120-01-P