Medicare Program; Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Program for Contract Year 2024-Remaining Provisions and Contract Year 2025 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 (PACE); Correcting Amendment, 79450-79452 [2024-22203]
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ddrumheller on DSK120RN23PROD with RULES1
79450
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4). For the same
reason, this action also does not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). In any
case, Executive Order 13175 does not
apply to this rule since there are no
Federally recognized tribes in West
Virginia.
This action 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, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks that may
disproportionately affect children. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA section 3006(b), EPA
grants a State’s application for
authorization as long as the State meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629,
February 16, 1994) 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
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and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
believes that this action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
because it approves pre-existing State
rules that are no less stringent than
existing Federal requirements and
imposes no additional requirements
beyond those imposed by State law. For
these reasons, this rule is not subject to
Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
However, this action will not be
effective until November 29, 2024
because it is a direct final rule.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and record keeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Adam Ortiz,
Regional Administrator, EPA Region 3.
[FR Doc. 2024–21665 Filed 9–27–24; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 422, 423, and 460
[CMS–4201–F5 and CMS–4205–F4]
RIN 0938–AV24 and 0938–AU96
Medicare Program; Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Program for
Contract Year 2024—Remaining
Provisions and Contract Year 2025
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 (PACE); Correcting
Amendment
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the April
23, 2024 Federal Register titled
‘‘Medicare Program; Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Program for
Contract Year 2024—Remaining
Provisions and Contract Year 2025
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 (PACE).’’ The effective date of
the final rule was June 3, 2024.
DATES: This correcting amendment is
effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Carly Medosch, (410) 786–8633—
General Questions.
Naseem Tarmohamed, (410) 786–
0814—Part C and Cost Plan Issues.
Lucia Patrone, (410) 786–8621—Part
D Issues.
Kelley Ordonio, (410) 786–3453—
Parts C and D Payment Issues.
Hunter Coohill, (720) 853–2804—
Enforcement Issues.
Lauren Brandow, (410) 786–9765—
PACE Issues.
Sara Klotz, (410) 786–1984—D–SNP
Issues.
Joe Strazzire, (410) 786–2775—RADV
Audit Appeals Issues.
PartCandDStarRatings@
cms.hhs.gov—Parts C and D Star Ratings
Issues.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
I. Background
In FR Doc. 2024–07105 of April 23,
2024 (89 FR 30448), the final rule titled
‘‘Medicare Program; Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Program for
Contract Year 2024—Remaining
Provisions and Contract Year 2025
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 (PACE)’’, there were several
typographical and technical errors that
are identified and corrected in this
correcting amendment.
II. Summary of Errors
We are correcting typographical and
grammatical errors in the regulatory text
of §§ 422.101(f)(3)(iv)(B)(3),
422.514(h)(2), and 423.346(e)(2),
respectively.
We are correcting inadvertent
technical and typographical errors in
the regulations text of § 423.153.
In § 460.20, we inadvertently revised
paragraph (c), when we intended to
redesignate paragraphs (c) through (e) as
paragraphs (d) through (f) and add a
new paragraph (c). Our intent was to
finalize the proposed changes to
§ 460.20 that were included in the
proposed rule that appeared in the
December 27, 2022 Federal Register (87
FR 79452) titled ‘‘Medicare Program;
Contract Year 2024 Policy and
Technical Changes to the Medicare
Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicare Cost Plan Program, Medicare
Parts A, B, C, and D Overpayment
Provisions of the Affordable Care Act
and Programs of All-Inclusive Care for
the Elderly; Health Information
Technology Standards and
Implementation Specifications.’’ We are
providing corrected instructions to
address this error and redesignate
paragraphs (d) and (e) as paragraphs (e)
and (f), and to specify that we are
adding new paragraph (d).
ddrumheller on DSK120RN23PROD with RULES1
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
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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 typographical and 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
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79451
changes, but rather, we are simply
implementing the policies and
regulatory changes that we previously
proposed, requested comment on, and
subsequently finalized.
This final rule correcting amendment
is intended solely to ensure that the
final rule and the Code of Federal
Regulations (CFR) 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
42 CFR Parts 422 and 423
Administrative practice and
procedure, Health facilities, Health
maintenance organizations (HMO),
Medicare, Penalties, Privacy, Reporting
and recordkeeping requirements.
42 CFR Part 460
Aged, Citizenship and naturalization,
Civil rights, Health, Health care, Health
records, Individuals with disabilities,
Medicaid, Medicare, Religious
discrimination, Reporting and
recordkeeping requirements, Sex
discrimination.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services corrects 42 CFR
chapter IV by making the following
correcting amendments:
PART 422—MEDICARE ADVANTAGE
PROGRAM
1. The authority citation for part 422
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1306, 1395w–
21 through 1395w–28, and 1395hh.
§ 422.101
[Amended]
2. Amend § 422.101, in paragraph
(f)(3)(iv)(B)(3), by removing the phrase
‘‘related SNP operations.’’ and adding in
its place the phrase ‘‘related to SNP
operations.’’.
■
§ 422.514
[Amended]
3. Amend § 422.514, in paragraph
(h)(2), by removing the phrase ‘‘(or
continue to cover individuals’’ and
adding in its place the phrase ‘‘(or
continue to cover) individuals’’.
■
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
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.
§ 423.153
[Amended]
5. Amend § 423.153 by:
a. Revising the section heading;
b. In paragraph (a), removing the
phrase ‘‘an MTMP as described’’ and
adding in its place the phrase ‘‘an MTM
program as described’’;
■ c. In paragraph (d), adding a
paragraph heading;
■ d. In paragraph (d)(1)(vi), removing
the term ‘‘MTMP’’ and adding in its
place the phrase ‘‘MTM program’’;
■ e. In paragraph (d)(1)(vii) introductory
text, removing the term ‘‘MTMP’’ and
adding in its place the phrase ‘‘MTM
program’’;
■ f. In paragraph (d)(6), removing the
term ‘‘MTMP’’ and adding in its place
the phrase ‘‘MTM program’’; and
■ g. Redesignating paragraphs (g)(i)
through (iii) as paragraphs (g)(1)(i)
through (iii).
The revision and addition read as
follows:
■
■
■
§ 423.346 Drug utilization management,
quality assurance, medication therapy
management (MTM) programs, drug
management programs, and access to
Medicare Parts A and B claims data
extracts.
*
*
*
*
(d) Medication therapy management
(MTM) program—* * *
*
*
*
*
*
■ 6. Amend § 423.346, in paragraph
(e)(2), by removing the phrase
‘‘contracts that is’’ and adding in its
place the phrase ‘‘contracts that are’’.
PART 460—PROGRAMS OF ALLINCLUSIVE CARE FOR THE ELDERLY
(PACE)
7. The authority citation for part 460
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1395,
1395eee(f), and 1396u–4(f).
8. Amend § 460.20 by:
a. Redesignating paragraphs (d) and
(e) as paragraphs (e) and (f); and
■ b. Adding a new paragraph (d).
The addition reads as follows:
ddrumheller on DSK120RN23PROD with RULES1
■
■
Notice of CMS determination.
*
*
*
*
*
(d) Additional information requested.
If CMS determines that an application is
not complete because it does not
include sufficient information to make a
determination, CMS will request
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16:22 Sep 27, 2024
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Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–22203 Filed 9–27–24; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240514–0138; RTID 0648–
XE252]
Fisheries of the Northeastern United
States; Atlantic Spiny Dogfish Fishery;
Extension of 2024 Specifications
Emergency Measures
*
§ 460.20
additional information within 90 days,
or 45 days for applications set forth in
§ 460.10(a)(2), after the date of
submission of the application.
(1) The time limits in paragraph (a) of
this section do not begin until CMS
receives all requested information and
the application is complete.
(2) If more than 12 months elapse
between the date of initial submission of
the application and the entity’s response
to the CMS request for additional
information, the entity must update the
application to provide the most current
information and materials related to the
application.
*
*
*
*
*
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
This emergency action
extends the 2024 emergency action
specifications for the spiny dogfish
fishery through the remainder of the
2024 fishing year and implements an
accountability measure consistent with
the regulations implementing the Spiny
Dogfish Fishery Management Plan. This
action is necessary to maintain
allowable harvest levels for the spiny
dogfish fishery to prevent overfishing
while minimizing adverse economic
impacts on fishing communities, using
the best scientific information available.
DATES: Effective November 18, 2024,
through April 30, 2025.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action,
other considered alternatives, and
analyses of the impacts of all
alternatives. Copies of the specifications
SUMMARY:
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document, including the EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the internet at https://www.mafmc.org/
action-archive.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Policy Analyst,
(978) 281–9184, laura.deighan@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The implementing regulations for the
Atlantic Spiny Dogfish Fishery
Management Plan (FMP) are found at 50
CFR part 648 subpart L, and require the
specification of regulatory harvest
limits, including an acceptable
biological catch (ABC), annual catch
limit (ACL), annual catch target (ACT),
total allowable landings (TAL), and a
coastwide commercial quota, with each
fishing year running from May 1
through April 30. Under the authority of
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), NMFS
issued a temporary emergency rule to
implement spiny dogfish specifications
for the first 6 months of the 2024 fishing
year on May 22, 2024 (89 FR 44924),
and took public comment on the
emergency rule through June 21, 2024.
The Federal Register notification on the
emergency rule (89 FR 44926) indicated
that ‘‘[a]fter considering public
comments on this rule, NMFS may
extend the interim measures for one
additional period of not more than 186
days to maintain these measures for the
remainder of the 2024 fishing year.’’ The
emergency rule set the ABC equal to the
overfishing limit (OFL) of 7,818 mt
(17.24 million lb), used the Monitoring
Committee’s recommended model-based
values for discards, and accounted for
expected recreational landings, resulting
in a commercial quota of 5,140 mt
(11.33 million lb).
The Mid-Atlantic and New England
Fishery Management Councils
(Councils) jointly manage the Atlantic
Spiny Dogfish FMP, with the MidAtlantic Council acting as the
administrative lead. NMFS was unable
to approve the Councils’ recommended
2024 specifications because they relied
on a discard estimate that violated
National Standard 2, which requires
management measures to be based on
the best available science.
Given significant concerns raised by
the fishing industry about the risk to the
associated fishing communities if the
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]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79450-79452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22203]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 422, 423, and 460
[CMS-4201-F5 and CMS-4205-F4]
RIN 0938-AV24 and 0938-AU96
Medicare Program; Changes to the Medicare Advantage and the
Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 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 (PACE); Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the April 23, 2024 Federal Register
titled ``Medicare Program; Changes to the Medicare Advantage and the
Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 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 (PACE).'' The effective date of the
final rule was June 3, 2024.
DATES: This correcting amendment is effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Carly Medosch, (410) 786-8633--General Questions.
Naseem Tarmohamed, (410) 786-0814--Part C and Cost Plan Issues.
Lucia Patrone, (410) 786-8621--Part D Issues.
Kelley Ordonio, (410) 786-3453--Parts C and D Payment Issues.
Hunter Coohill, (720) 853-2804--Enforcement Issues.
Lauren Brandow, (410) 786-9765--PACE Issues.
Sara Klotz, (410) 786-1984--D-SNP Issues.
Joe Strazzire, (410) 786-2775--RADV Audit Appeals Issues.
[email protected]--Parts C and D Star Ratings
Issues.
SUPPLEMENTARY INFORMATION:
[[Page 79451]]
I. Background
In FR Doc. 2024-07105 of April 23, 2024 (89 FR 30448), the final
rule titled ``Medicare Program; Changes to the Medicare Advantage and
the Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 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 (PACE)'', there were several
typographical and technical errors that are identified and corrected in
this correcting amendment.
II. Summary of Errors
We are correcting typographical and grammatical errors in the
regulatory text of Sec. Sec. 422.101(f)(3)(iv)(B)(3), 422.514(h)(2),
and 423.346(e)(2), respectively.
We are correcting inadvertent technical and typographical errors in
the regulations text of Sec. 423.153.
In Sec. 460.20, we inadvertently revised paragraph (c), when we
intended to redesignate paragraphs (c) through (e) as paragraphs (d)
through (f) and add a new paragraph (c). Our intent was to finalize the
proposed changes to Sec. 460.20 that were included in the proposed
rule that appeared in the December 27, 2022 Federal Register (87 FR
79452) titled ``Medicare Program; Contract Year 2024 Policy and
Technical Changes to the Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, Medicare Cost Plan Program, Medicare
Parts A, B, C, and D Overpayment Provisions of the Affordable Care Act
and Programs of All-Inclusive Care for the Elderly; Health Information
Technology Standards and Implementation Specifications.'' We are
providing corrected instructions to address this error and redesignate
paragraphs (d) and (e) as paragraphs (e) and (f), and to specify that
we are adding new paragraph (d).
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 typographical and 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.
This final rule correcting amendment is intended solely to ensure
that the final rule and the Code of Federal Regulations (CFR)
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
42 CFR Parts 422 and 423
Administrative practice and procedure, Health facilities, Health
maintenance organizations (HMO), Medicare, Penalties, Privacy,
Reporting and recordkeeping requirements.
42 CFR Part 460
Aged, Citizenship and naturalization, Civil rights, Health, Health
care, Health records, Individuals with disabilities, Medicaid,
Medicare, Religious discrimination, Reporting and recordkeeping
requirements, Sex discrimination.
For the reasons set forth in the preamble, the Centers for Medicare
& Medicaid Services corrects 42 CFR chapter IV 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, 1306, 1395w-21 through 1395w-28, and
1395hh.
Sec. 422.101 [Amended]
0
2. Amend Sec. 422.101, in paragraph (f)(3)(iv)(B)(3), by removing the
phrase ``related SNP operations.'' and adding in its place the phrase
``related to SNP operations.''.
Sec. 422.514 [Amended]
0
3. Amend Sec. 422.514, in paragraph (h)(2), by removing the phrase
``(or continue to cover individuals'' and adding in its place the
phrase ``(or continue to cover) individuals''.
[[Page 79452]]
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. 423.153 [Amended]
0
5. Amend Sec. 423.153 by:
0
a. Revising the section heading;
0
b. In paragraph (a), removing the phrase ``an MTMP as described'' and
adding in its place the phrase ``an MTM program as described'';
0
c. In paragraph (d), adding a paragraph heading;
0
d. In paragraph (d)(1)(vi), removing the term ``MTMP'' and adding in
its place the phrase ``MTM program'';
0
e. In paragraph (d)(1)(vii) introductory text, removing the term
``MTMP'' and adding in its place the phrase ``MTM program'';
0
f. In paragraph (d)(6), removing the term ``MTMP'' and adding in its
place the phrase ``MTM program''; and
0
g. Redesignating paragraphs (g)(i) through (iii) as paragraphs
(g)(1)(i) through (iii).
The revision and addition read as follows:
Sec. 423.346 Drug utilization management, quality assurance,
medication therapy management (MTM) programs, drug management programs,
and access to Medicare Parts A and B claims data extracts.
* * * * *
(d) Medication therapy management (MTM) program--* * *
* * * * *
0
6. Amend Sec. 423.346, in paragraph (e)(2), by removing the phrase
``contracts that is'' and adding in its place the phrase ``contracts
that are''.
PART 460--PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)
0
7. The authority citation for part 460 continues to read as follows:
Authority: 42 U.S.C. 1302, 1395, 1395eee(f), and 1396u-4(f).
0
8. Amend Sec. 460.20 by:
0
a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
b. Adding a new paragraph (d).
The addition reads as follows:
Sec. 460.20 Notice of CMS determination.
* * * * *
(d) Additional information requested. If CMS determines that an
application is not complete because it does not include sufficient
information to make a determination, CMS will request additional
information within 90 days, or 45 days for applications set forth in
Sec. 460.10(a)(2), after the date of submission of the application.
(1) The time limits in paragraph (a) of this section do not begin
until CMS receives all requested information and the application is
complete.
(2) If more than 12 months elapse between the date of initial
submission of the application and the entity's response to the CMS
request for additional information, the entity must update the
application to provide the most current information and materials
related to the application.
* * * * *
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-22203 Filed 9-27-24; 8:45 am]
BILLING CODE 4120-01-P
