Rule2024-01378
Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges; 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
January 24, 2024
Effective
January 22, 2024
Issuing agencies
Treasury DepartmentInternal Revenue ServiceLabor DepartmentEmployee Benefits Security AdministrationHealth and Human Services Department
Abstract
This document corrects technical errors that appeared in the December 21, 2023 final rules entitled, "Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges."
Full Text
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<title>Federal Register, Volume 89 Issue 16 (Wednesday, January 24, 2024)</title>
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[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4547-4548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01378]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[TD 9985]
RIN 1545-BQ94
DEPARTMENT OF LABOR
Employee Benefits Security Administration
29 CFR Part 2590
RIN 1210-AC24
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 149
[CMS-9890-CN]
RIN 0938-AV39
Federal Independent Dispute Resolution (IDR) Process
Administrative Fee and Certified IDR Entity Fee Ranges; Correction
AGENCY: Internal Revenue Service (IRS), Department of the Treasury;
Employee Benefits Security Administration, Department of Labor; Centers
for Medicare & Medicaid Services, Department of Health and Human
Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical errors that appeared in the
December 21, 2023 final rules entitled, ``Federal Independent Dispute
Resolution (IDR) Process Administrative Fee and Certified IDR Entity
Fee Ranges.''
DATES: This correcting document is effective January 22, 2024.
FOR FURTHER INFORMATION CONTACT: Shira B. McKinlay or William Fischer,
Internal Revenue Service, Department of the Treasury, 202-317-5500;
Shannon Hysjulien or Rebecca Miller, Employee Benefits Security
Administration, Department of Labor, 202-693-8335; and Jacquelyn Rudich
or Nora Simmons, Centers for Medicare & Medicaid Services, Department
of Health and Human Services, 301-492-5211.
SUPPLEMENTARY INFORMATION:
I. Background
A. Introduction
On December 21, 2023, the Departments of Health and Human Services
(HHS), Labor, and the Treasury (collectively, the Departments)
published FR Doc. 2023-27931 (88 FR 88494), entitled ``Federal
Independent Dispute Resolution (IDR) Process Administrative Fee and
Certified IDR Entity Fee Ranges'' (final rules) related to the fees
established by the No Surprises Act for the Federal IDR process, as
established by the Consolidated Appropriations Act, 2021. The final
rules (88 FR 88524 and 88525) contained non-substantive technical
errors in the amendatory instructions for the regulation text and the
HHS title that are identified in section II. of this document and
corrected in section IV. of this document. The provisions in this
correction document are effective as of the effective date of the final
rules, because the Departments determined there is good cause to waive
any delay in effective date for the reasons set forth in section III.
of this document. Accordingly, the corrections are effective January
22, 2024.
B. Regulations Overview
The final rules amended existing regulations to provide that the
administrative fee amount charged by the Departments to participate in
the Federal IDR process and the ranges for certified IDR entity fees
for single and batched determinations will be set by the Departments
through notice and comment rulemaking. The preamble to the final rules
also set forth the methodology used to calculate the administrative fee
and the considerations used to develop the certified IDR entity fee
ranges. The final rules also finalized the amount of the administrative
fee and the certified IDR entity fee ranges for disputes initiated on
or after the effective date of the final rules. Below, the Departments
summarize the errors in the final rules and describe the corrections
that the Departments are making in this document.
II. Summary of Errors
In the final rules the Departments inadvertently made technical
errors in the amendatory instructions for the regulation text for all
three Departments. Amendatory instruction 3.h. incorrectly stated that
the Department of the Treasury was removing ``; and'' at the end of
newly redesignated 26 CFR 54.9816-8T(e)(2)(xii) and adding a period in
its place. Similarly, amendatory instruction 5.h. incorrectly stated
that the Department of Labor was removing ``; and'' at the end of newly
redesignated 29 CFR 2590.716-8(e)(2)(xii) and adding a period in its
place, and amendatory instruction 7.h. incorrectly stated that the
Department of Health and Human Services was removing ``; and'' at the
end of newly redesignated 45 CFR 149.510(e)(2)(xii) and adding a period
in its place. Instead, the Departments intended for these amendments to
apply to newly redesignated 26 CFR 54.9816-8T(e)(2)(xi), 29 CFR
2590.716-8(e)(2)(xi), and 45 CFR 149.510(e)(2)(xi), respectively,
rather than newly redesignated 26 CFR 54.9816-8T(e)(2)(xii), 29 CFR
2590.716-8(e)(2)(xii), and 45 CFR 149.510(e)(2)(xii), which do not
include ``; and'' at the end of each paragraph and already end with
periods. Finally, the Departments made a typographical error in the
title line for HHS and incorrectly referenced 49 CFR subtitle A rather
than 45 CFR subtitle A. Accordingly, the Departments are revising the
title line for HHS to accurately reflect the correct title.
III. Waiver of Proposed Rulemaking and Waiver of the Delay in Effective
Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 551, et
seq.), while a general notice of proposed rulemaking and an opportunity
for public comment is generally required before the promulgation of
regulations, this is not required when an agency, for good cause, finds
that notice and public comment are impracticable, unnecessary, or
contrary to the public interest and incorporates a statement of the
reasons for that finding in the document.
The APA also generally requires that a final rule be effective no
sooner than 30 days after the date of publication in the Federal
Register. 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.
Similarly, section 553(d)(3) of the APA allows the agency
[[Page 4548]]
to avoid the 30-day delay in effective date where good cause is found
and the agency includes in the rule a statement of the finding and the
reasons for it.
The Departments are publishing this technical correction without
advance notice or an opportunity for comment because it falls under the
``good cause'' exception of the APA, 5 U.S.C. 553(b)(B).
This document corrects technical and typographical errors made in
the final rules, which were published in accordance with the APA after
the Departments proposed the rules and provided the public with an
opportunity to comment on the proposals, and will be effective on
January 22, 2024. The corrections contained in this document do not
make any substantive changes to the policies adopted in the final rules
and merely make typographical corrections to the amendatory
instructions of the regulation text and the HHS title line. Therefore,
the Departments find for good cause that it is impracticable,
unnecessary, and contrary to the public interest to undertake further
notice and comment procedures to incorporate these corrections.
The Departments are also waiving the 30-day delay in effective date
for these corrections. It is in the public interest to ensure that the
final rules setting forth requirements for group health plans, health
insurance issuers offering group or individual health insurance
coverage, providers, facilities, and providers of air ambulance
services relating to the administrative fee amount and certified IDR
entity fee ranges for participation in the Federal IDR process
accurately state the Departments' policies as of the date they take
effect. Therefore, the Departments find that delaying the effective
date of these corrections beyond the January 22, 2024 effective date of
the final rules would be contrary to the public interest. In doing so,
the Departments find good cause to waive the 30-day delay in the
effective date.
IV. Correction of Errors in the Regulation Text
In FR Doc. 2023-27931 of December 21, 2023 (88 FR 88494), the
following corrections are made:
26 CFR 54.9816-8T [Corrected]
0
1. On page 88524, in the first column, in amendment 3.h. for 26 CFR
54.9816-8T, the instruction ``Removing ``; and'' at the end of newly
redesignated paragraph (e)(2)(xii) and adding a period in its place.''
is corrected to read ``Removing ``; and'' at the end of newly
redesignated paragraph (e)(2)(xi) and adding a period in its place.''
29 CFR 2590.716-8 [Corrected]
0
2. On page 88524, in the second column, in amendatory instruction 5.h.
for 29 CFR 2590.716-8, the amendatory instruction ``Removing ``; and''
at the end of newly redesignated paragraph (e)(2)(xii) and adding a
period in its place.'' is corrected to read ``Removing ``; and'' at the
end of newly redesignated paragraph (e)(2)(xi) and adding a period in
its place.''
45 CFR Subtitle A
0
3. On page 88525, in the first column, the title line for the
Department of Health and Human Services ``49 CFR Subtitle A'' is
corrected to read ``45 CFR Subtitle A''.
45 CFR 149.510 [Corrected]
0
4. On page 88525, in the first column, in amendatory instruction 7.h.
for 45 CFR 149.510, the amendatory instruction ``Removing ``; and'' at
the end of newly redesignated paragraph (e)(2)(xii) and adding a period
in its place.'' is corrected to read ``Removing ``; and'' at the end of
newly redesignated paragraph (e)(2)(xi) and adding a period in its
place.''
Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations Section, Associate Chief
Counsel, Procedure and Administration, Internal Revenue Service.
Amber M. Rivers,
Director, Office of Health Plan Standards and Compliance Assistance,
Employee Benefits Security Administration, Department of Labor.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-01378 Filed 1-22-24; 11:15 am]
BILLING CODE 4150-29-P; 4830-01-P; 4120-01-P
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</html>Indexed from Federal Register on January 24, 2024.
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