Rule2023-12098
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
June 7, 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 109 (Wednesday, June 7, 2023)</title>
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[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37174-37175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12098]
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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-CN2]
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
[[Page 37175]]
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
few 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 in the Regulations Text
On pages 22332 and 22338, we made technical errors in the
regulations text amendatory instructions for Sec. Sec. 422.164 and
423.186.
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 section 1871(b)(1) of the Social Security Act (the Act)
and 5 U.S.C. 553(b) of the Administrative Procedure Act (APA). In
particular, section 1871 of the Act requires a minimum 60 day period
for public comment. 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. In addition, section 553(d) of the APA,
and section 1871(e)(1)(B)(i) of the Act mandate a 30-day delay in
effective date after issuance or publication of a rule. Per APA
sections 553(b)(B) and (d)(3) and section 1871(b)(2)(C) and
(e)(1)(B)(ii) of the Act, there procedures can be waived 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:
Sec. 422.166 [Corrected]
0
1. On page 22332, in the third column, in Sec. 422.166, in amendatory
instruction 17c, line 1, the phrase ``Revising paragraphs (g)(1),
(i)(3)(iv)'' is corrected to read ``Revising paragraphs (g)(1)
introductory text, (i)(3)(iv)''.
Sec. 423.186 [Corrected]
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2. On page 22338, in the first column, in Sec. 423.186, in amendatory
instruction 40c, line 1, the phrase ``Revising paragraphs (g)(1),
(i)(7)(i)'' is corrected to read ``Revising paragraphs (g)(1)
introductory text, (i)(7)(i)''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2023-12098 Filed 6-2-23; 4:15 pm]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on June 7, 2023.
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