Rule2023-25696
Medicare Program; Medicare Secondary Payer and Certain Civil Money Penalties; 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
November 27, 2023
Effective
December 11, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors in the final rule that appeared in the October 11, 2023 Federal Register titled "Medicare Program; Medicare Secondary Payer and Certain Civil Money Penalties".
Full Text
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<title>Federal Register, Volume 88 Issue 226 (Monday, November 27, 2023)</title>
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[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Rules and Regulations]
[Pages 82786-82787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25696]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
[CMS-6061-CN]
RIN 0938-AT86
Medicare Program; Medicare Secondary Payer and Certain Civil
Money Penalties; 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 errors in the final rule that
appeared in the October 11, 2023 Federal Register titled ``Medicare
Program; Medicare Secondary Payer and Certain Civil Money Penalties''.
DATES: Effective date: This correcting document is effective December
11, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Broznowicz, (410) 786-3349.
SUPPLEMENTARY INFORMATION:
I. Background
This correcting document identifies and corrects errors in FR Doc.
2023-22282 of October 11, 2023 (88 FR 70363). The provisions in this
correction document are effective as if they had been included in the
document published October 11, 2023. Accordingly, the corrections are
effective December 11, 2023.
II. Summary of Errors
On page 70363, we inadvertently omitted a part of the header.
On page 70372, we made an error in the Words of Issuance.
On page 70373, we made technical errors in the amendatory
instructions as well as the headings, entries, and table notes in the
civil monetary penalty adjustment table at 45 CFR 102.3.
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, and 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
[[Page 82787]]
the effective date would be unnecessary, as we are not altering our
policies or regulatory changes, but rather, we are simply correctly
implementing 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, additional 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, for all of the reasons cited above, we believe we
have good cause to waive the notice and comment and effective date
requirements.
IV. Correction of Errors
In FR Doc. 2023-22282 of October 11, 2023 (88 FR 70363), we are
making the following corrections:
0
1. On page 70363, second column, lines 5 and 6, the header of the
document is corrected to read as follows:
42 CFR Part 402
Office of the Secretary
45 CFR Part 102
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2. On page 70372, first column, the fifth full paragraph (Words of
Issuance) is corrected to read as follows:
For the reasons set forth in the preamble, the Centers for Medicare
& Medicaid Services amends 42 CFR chapter IV as set forth below:
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3. On page 70373, starting in the third column, amendatory instruction
5 and the accompanying regulatory text is corrected to read as follows:
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5. Section 102.3 is amended in table 1 by--
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a. Revising the entries for ``1395y(b)(6)(B)'' and
``1395y(b)(7)(B)(i)''; and
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b. Adding an entry for ``1395y(b)(8)(E)(i)'' in alphanumerical order.
The revisions and addition read as follows:
Sec. 102.3 Penalty adjustment and table.
* * * * *
Table 1 to Sec. 102.3--Civil Monetary Penalty Authorities Administered by HHS
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Date of last 2023 maximum
penalty, 2022 maximum adjusted
U.S.C. section(s) CFR \1\ HHS agency Description \2\ figure or adjusted penalty \4\
adjustment \3\ penalty ($) ($)
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* * * * * * *
42 U.S.C.:
* * * * * * *
1395y(b)(6)(B)................. 42 CFR CMS Penalty for any entity that 2022 3,701 3,988
402.1(c)(20), knowingly, willfully, and
402.105(a). repeatedly fails to complete a
claim form relating to the
availability of other health
benefits in accordance with
statute or provides inaccurate
information relating to such on
the claim form.
1395y(b)(7)(B)(i).............. 42 CFR CMS Penalty for any entity serving as 2022 1,325 1,428
402.1(c)(21), insurer, third party
402.105(a). administrator, or fiduciary for a
group health plan that fails to
provide information that
identifies situations where the
group health plan is or was a
primary plan to Medicare to the
HHS Secretary.
* * * * * * *
1395y(b)(8)(E)(i).............. 42 CFR CMS Penalty for any entity serving as 2022 1,325 1,428
402.1(c)(22), insurer, third party
402.105(b)(2). administrator, or fiduciary for a
non-group health plan that fails
to provide information that
identifies situations where the
group health plan is or was a
primary plan to Medicare to the
HHS Secretary.
* * * * * * *
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\1\ Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities.
\2\ The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if
applicable, should be consulted.
\3\ Statutory or Inflation Act Adjustment.
\4\ OMB Memorandum M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24,
2016, guided agencies on initial ``catch-up'' adjustment requirements, and M-17-11, Implementation of the 2017 annual adjustment pursuant to the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M-18-03, M-19-04, M-20-05, M-21-
10, M-22-07, and M-23-05 guided agencies on annual adjustment requirements.
* * * * *
Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2023-25696 Filed 11-24-23; 8:45 am]
BILLING CODE 4120-01-P
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