Rule2023-11550
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; 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
May 31, 2023
Effective
June 5, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors that appeared in the final rule published in the Federal Register on April 12, 2023, entitled "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."
Full Text
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<title>Federal Register, Volume 88 Issue 104 (Wednesday, May 31, 2023)</title>
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[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34779-34780]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11550]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, 423, 455, and 460
[CMS-4201-CN]
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; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register on April 12, 2023,
entitled ``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 correcting document is effective June 5, 2023.
FOR FURTHER INFORMATION CONTACT: Lucia Patrone, (410) 786-8621.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023-07115 of April 12, 2023 (88 FR 22120), there were a
[[Page 34780]]
number of technical 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 published April
12, 2023. Accordingly, the corrections are effective June 5, 2023.
II. Summary of Errors
A. Summary Errors in the Preamble
On page 22134, we inadvertently omitted Sec. 422.514(d)(1) from
the list of sections finalized.
On page 22135, we made errors in our discussion of the effective
dates for the changes to the general enrollment period (GEP) made by
the Consolidated Appropriations Act, 2021, and the Part D special
enrollment period (SEP).
On page 22150, we made a typographical error in a regulatory
reference.
On page 22226, we made a typographical error when specifying a
term.
On page 22300, we made a technical error regarding an acronym.
B. Summary of Errors in the Regulations Text
On page 22336 in Sec. 422.2267(a)(3), we made a typographical
error.
On page 22341 in Sec. 423.2264 we made a typographical error and
technical errors in regulations text regarding election periods and
third-party marketing.
On page 22344 in Sec. 423.2536(c), we made a typographical error
in a reference.
On page 22345 in Sec. 460.70, we made a--typographical error in a
paragraph designation; technical error in the use of an acronym; and
technical error in the use of a term.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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.
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
typographical and technical 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.
Correction of Errors
In FR Doc. 2023-07115 of April 12, 2023 (88 FR 22120), make the
following corrections:
A. Corrections of Errors in the Preamble
1. On page 22134, third column, third full paragraph, line 7, the
reference ``422.514(g)'' is corrected to read ``422.514(d)(1) and
(g)''.
2. On page 22135, first column, second full paragraph, lines 4 and
5, the phrase ``provide that on'' is corrected to read, ``provide that
for GEPs on''.
3. On 22150, first column, sixth full paragraph, lines 6 and 7, the
reference ``Sec. 423.2508(d)(1) through (5)'' is corrected to read
``Sec. 423.2508(c)(1) through (5)''.
4. On page 22226, third column, third full paragraph, line 6, the
phrase ``anon-English'' is corrected to read ``a non-English''.
5. On page 22300, third column, first full paragraph, line 28, the
phrase ``and the SAA,'' is corrected to read ``and the State
administering agency (SAA),''.
B. Correction of Errors in the Regulations Text
0
1. On page 22336, second column, first partial paragraph (Sec.
422.2267(a)(3)), line 3, the phrase ``anon-English'' is corrected to
read ``a non-English''.
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2. On page 22341--
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a. First column, 17th paragraph (Sec. 423.2264(c)(3)(i)(A)), line 2,
the phrase ``prior of'' is corrected to read ``prior to''.
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b. Third column--
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i. Fourth paragraph (Sec. 423.2267(e)(41) introductory text), line 25,
the phrase ``The MA organization must'' is corrected to read ``The Part
D sponsor must''.
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ii. Fifth paragraph (Sec. 423.2267(e)(41)(i)), lines 3 and 4, the
phrase ``one MA organization'' is corrected to read ``one Part D
sponsor.''
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3. On page 22344, second column, 14th full paragraph (Sec. 423.2536(c)
introductory text), line 6, the reference ``Sec. 423.2508(d)(1)'' is
corrected to read ``Sec. 423.2508(c)(1)''.
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4. On page 22345, second column--
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a. Third paragraph (Sec. 460.70(a)), the paragraph number ``(xviv)''
is corrected to read ``(xix)''.
0
b. Fourteenth paragraph (Sec. 460.70(a)(3)(ii)), line 2, the phrase
``the SAA'' is corrected to read ``the State administering agency''.
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c. Fifteenth paragraph (Sec. 460.70(a)(4)), line 8, the phrase
``participant medical specialty.'' is corrected to read ``particular
medical specialty''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2023-11550 Filed 5-30-23; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on May 31, 2023.
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