Rule2021-14545
Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy Benefit Manager Standards; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2021
Effective
July 6, 2021
Issuing agencies
Health and Human Services Department
Abstract
This document corrects technical errors in the final rule that appeared in the May 5, 2021, Federal Register entitled, "Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy Benefit Manager Standards".
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Rules and Regulations]
[Pages 36071-36072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14545]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 155
[CMS-9914-CN]
RIN 0938-AU18
Patient Protection and Affordable Care Act; HHS Notice of Benefit
and Payment Parameters for 2022 and Pharmacy Benefit Manager Standards;
Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health & Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the May 5, 2021, Federal Register entitled, ``Patient
Protection and Affordable Care Act; HHS Notice of Benefit and Payment
Parameters for 2022 and Pharmacy Benefit Manager Standards''.
DATES: This correction is effective on July 6, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492-4305, Rogelyn
McLean, (301) 492-4229, Grace Bristol, (410) 786-8437, Kiahana Brooks,
(301) 492-5229, or Sara Rosta, (301) 492-4223 for general information.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2021-09102 of May 5, 2021, the Patient Protection and
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for
2022 and Pharmacy Benefit Manager Standards final rule (86 FR 24140),
there were technical errors that are identified and corrected in the
regulation text of this correcting document. The correction is
effective on July 6, 2021, as this is the date that the relevant
regulations contained in the Patient Protection and Affordable Care
Act; HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy
Benefit Manager Standards final rule take effect.
II. Summary of Error in the Regulation Text
On page 24289 of the Patient Protection and Affordable Care Act;
HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy
Benefit Manager Standards final rule, we made technical errors in
amendatory instructions 27b and d for Sec. 155.221. In these
amendatory instructions, we inadvertently noted that we were: (1)
Redesignating paragraphs (c) through (h) as paragraphs (d) through (i),
respectively; and (2) amending newly redesignated paragraphs (g)
introductory text, (g)(6) and (7), and (h) by removing the reference to
``paragraph (e)'' and adding in its place a reference to ``paragraph
(f)''. These amendatory instructions were duplicative of amendatory
instructions 6a and c of the final rule that appeared in the January
19, 2021 Federal Register, entitled ``Patient Protection and Affordable
Care Act; HHS Notice of Benefit and Payment Parameters for 2022;
Updates to State Innovation Waiver (Section 1332 Waiver) Implementing
Regulations'' (86 FR 6176). Therefore, in addition to amendatory
instruction 27a, we should have only included the addition of paragraph
(c) for changes to Sec. 155.221 in the Patient Protection and
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for
2022 and Pharmacy Benefit Manager Standards final rule. Accordingly, we
are revising amendatory instruction 27b to accurately reflect the
addition of paragraph (c) and removing amendatory instructions 27c and
d.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
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. In
addition, section 553(d) of the APA mandates 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 APA
notice and comment, and delay in effective date requirements. Section
553(b)(B) of the APA authorizes an agency to dispense with normal
notice and comment rulemaking procedures for good cause if the agency
makes a finding that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and includes a
statement of the finding and the reasons for it in the rule. In
addition, section 553(d)(3) of the APA allows the agency to waive the
30-day delay in effective date where such delay is contrary to the
public interest and the agency includes in the rule a statement of the
finding and the reasons for it.
This document merely corrects technical errors in the Patient
Protection and Affordable Care Act; HHS Notice of Benefit and Payment
Parameters for 2022 and Pharmacy Benefit Manager Standards final rule
that was published on May 5, 2021 for amendments that become effective
on July 6, 2021. The corrections do not make substantive changes to the
policies or standards set forth in the final rule. Therefore, we
believe that undertaking further notice and comment procedures to
incorporate these corrections and delay the effective date for these
changes is unnecessary. In addition, we believe that it is important
for the public to have the correct information as soon as possible and
believe it is contrary to the public interest to delay when they become
effective. For these reasons, we believe there is good cause to waive
the requirements for notice and comment and delay in effective date for
this correction document.
Correction
In FR 2021-09102, appearing on page 24140 in the Federal Register
of Wednesday, May 5, 2021, the following correction is made:
Sec. 155.221 [Corrected]
0
On page 24289, in the first column, the text of instruction 27 for
Sec. 155.221 is corrected to read as follows:
0
27. Section 155.221 is amended by revising paragraphs (b)(1), (3), and
(4)
[[Page 36072]]
and adding paragraph (c) to read as follows:
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2021-14545 Filed 7-2-21; 4:15 pm]
BILLING CODE 4120-01-P
</pre></body>
</html>Indexed from Federal Register on July 8, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.