Rule2022-28359
Medicare Program; Implementing Certain Provisions of the Consolidated Appropriations Act, 2021 and Other Revisions to Medicare Enrollment and Eligibility Rules; 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
December 30, 2022
Effective
December 30, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
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."
Full Text
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<title>Federal Register, Volume 87 Issue 250 (Friday, December 30, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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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</html>Indexed from Federal Register on December 30, 2022.
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