Rule2024-13712
Medicaid Program; Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality; 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 24, 2024
Effective
July 9, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects typographical errors in the final rule that appeared in the May 10, 2024 Federal Register, entitled "Medicaid Program; Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality (referred to hereafter as the "Managed Care final rule"). The effective date of the Managed Care final rule is July 9, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Rules and Regulations]
[Pages 52389-52391]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13712]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 430, 438, and 457
[CMS-2439-CN]
RIN 0938-AU99
Medicaid Program; Medicaid and Children's Health Insurance
Program (CHIP) Managed Care Access, Finance, and Quality; 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 typographical errors in the final rule
that appeared in the May 10, 2024 Federal Register, entitled ``Medicaid
Program; Medicaid and Children's Health Insurance Program (CHIP)
Managed Care Access, Finance, and Quality (referred to hereafter as the
``Managed Care final rule''). The effective date of the Managed Care
final rule is July 9, 2024.
DATES: This document is effective July 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Burch Mack, (303) 844-7355, Medicaid Managed Care.
Laura Snyder, (410) 786-3198, Medicaid Managed Care State Directed
Payments.
Alex Loizias, (410) 786-2435, Medicaid Managed Care State Directed
Payments and In Lieu of Services and Settings.
Elizabeth Jones, (410) 786-7111, Medicaid Medical Loss Ratio.
Jamie Rollin, (410) 786-0978, Medicaid Managed Care Program
Integrity.
Rachel Chappell, (410) 786-3100, and Emily Shockley, (410) 786-
3100, Contract Requirements for Overpayments.
Carlye Burd, (720) 853-2780, Medicaid Managed Care Quality.
Amanda Paige Burns, (410) 786-8030, Medicaid Quality Rating System.
Joshua Bougie, (410) 786-8117, and Chanelle Parkar, (667) 290-8798,
CHIP.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-08085 of May 10, 2024 (89 FR 41002), there were
typographical errors that are identified and corrected in this
correcting document. These corrections are effective as if they had
been included in the Managed Care final rule. Accordingly, the
corrections are effective July 9, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 41003, Table 1: Applicability Dates,
a. We made a typographical error in the applicability date for
Sec. Sec. 438.6(c)(2)(vi)(C)(3) and (4); 438.6(c)(2)(viii);
438.6(c)(5)(i) through (iv); 438.10(c)(3); 438.68(d)(1)(iii);
438.68(d)(2); 438.207(b)(3) and (d)(2); 438.602(g)(5)-(13); 457.1207
(transparency provisions); 457.1218 (network adequacy standards);
457.1230(b); 457.1285 (transparency) by omitting a space between the
words ``after'' and ``July.''
b. We used wording in the applicability date for Sec. 438.6(c)(4)
that did not match the applicability date in regulation text.
On page 41004, Table 1, Applicability Dates, we made a
typographical error in the applicability date for Sec. Sec.
438.505(a)(1); 457.1240(d) by not deleting the placeholder for the
effective date and inserting the actual date.
On page 41119, we made a punctuation error in ``State directed
payment-'' by not deleting the unnecessary hyphen.
On page 41123,
a. We made a typographical error in the phrase ``has standardized
process'' by omitting an ``a''.
b. We made a typographical error in the phrase ``specific MLR
report'' by omitting an ``s''.
On page 41130, we made a typographical error and omitted ``of the
final rule.''.
On page 41139, we made a typographical error by omitting ``of''
before ``an overpayment''.
On page 41168, we inadvertently used semicolons instead of periods
in the sentence referencing Sec. 438.16(e)(2)(iii)(A), (B), and (C);
used a colon after ``approval;'' included ``or'' before ``(C);'' and
omitted a space between ``paragraph'' and ``(e)''.
On page 41245, we made a typographical error by inadvertently
including ``private sector'' and omitting ``State'' when referencing
the last annual burden in Estimate 13 for Medicaid and quality rating
system measure collection. We also inadvertently omitted the CHIP
burden estimates at the end of the paragraph.
On page 41254, in Table 6, Summary of CHIP Requirements and Burden,
we made a typographical error by inadvertently excluding a CHIP-
specific entry for ``457.1240(d) QRS optional methodology
implementation extension''.
[[Page 52390]]
On page 41255, in Table 6, Summary of CHIP Requirements and Burden,
the figures in the ``Total'' entry are incorrect.
On page 41256, in Table 7, Summary of Medicaid and CHIP
Requirements and Burden, the figures in the ``CHIP'' and the ``Total''
entries are incorrect.
B. Summary of Errors in the Regulation Text
On page 41274, in the regulation text for Sec.
438.16(e)(2)(iii)(A), we inadvertently included a semicolon at the end
of this paragraph.
On page 41281, in the regulation text for Sec. 438.515(b)(1), we
inadvertently included a close parenthesis at the end of this
paragraph.
III. Waiver of Proposed Rulemaking
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
APA), the agency is required to publish a notice of the proposed rule
in the Federal Register before the provisions of a rule take effect. In
addition, section 553(d) of the APA mandates a 30-day delay in
effective date after issuance or publication of a substantive rule.
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 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.
In our view, this correcting document does not constitute a rulemaking
that would be subject to these requirements.
This document merely corrects technical errors in the Managed Care
final rule. The corrections contained in this document are consistent
with, and do not make substantive changes to, the policies that were
proposed, subject to notice and comment procedures, and adopted in the
Managed Care final rule. As a result, the corrections made through this
correcting document are intended to resolve inadvertent errors so that
the rule accurately reflects the policies adopted in the final rule.
Even if this were a rulemaking to which the notice and comment 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 corrections in this document into
the Managed Care final rule or delaying the effective date of the
corrections would be contrary to the public interest because it is in
the public interest to ensure that the rule accurately reflects our
policies as of the date they take effect. Further, such procedures
would be unnecessary because we are not making any substantive
revisions to the final rule, but rather, we are simply correcting the
Federal Register document to reflect the policies that we previously
proposed, received public comment on, and subsequently finalized in the
final rule. For these reasons, we believe there is good cause to waive
the requirements for notice and comment and delay in effective date.
Corrections
In FR Doc. 2024-08085 appearing on page 41002 in the Federal
Register of Friday, May 10, 2024, make the following corrections:
Correction of Errors in the Preamble
1. On page 41003, in Table 1: Applicability Dates,
a. Row 7, second column, the sentence that reads ``Applicable for
the first rating period beginning on or afterJuly 9, 2026.'' is
corrected to read ``Applicable for the first rating period beginning on
or after July 9, 2026.''.
b. Row 13, second column, the sentence that reads ``Applicable by
the first rating period beginning on or after the release of reporting
instructions.'' is corrected to read ``Applicable by the first rating
period beginning on or after the date specified in the T-MSIS reporting
instructions released by CMS.''.
2. On page 41004, Table 1: Applicability Dates, row 2, second
column, the sentence that reads ``Applicable by the end of the fourth
calendar year following [inset the effective date of the final rule].''
is corrected to read ``Applicable by the end of the fourth calendar
year following July 9, 2024.''.
3. On page 41119, second column, last full paragraph, line 12, the
phrase that reads ``State directed payment-'' is corrected to read
``State directed payment''.
4. On page 41123,
a. Beginning in the first column, last full paragraph, line 12 and
continuing to the second column, lines 1 through 5, the sentence that
reads ``Currently CMS has standardized process that reviews T-MSIS data
needs, proposes revisions to the T-MSIS submission file format(s), and
provides opportunity for States' review and comment.'' is corrected to
read ``Currently CMS has a standardized process that reviews T-MSIS
data needs, proposes revisions to the T-MSIS submission file format(s),
and provides opportunity for States' review and comment.''
b. Second column, first partial paragraph, lines 36 through 41, the
sentence that reads ``We are not finalizing proposed Sec. Sec.
438.8(k)(1)(xiv) through (xvi) or Sec. 438.74(a)(3) through (4) to
require SDP line-level reporting in the State summary and managed care
plan specific MLR report.'' is corrected to read ``We are not
finalizing proposed Sec. Sec. 438.8(k)(1)(xiv) through (xvi) or Sec.
438.74(a)(3) through (4) to require SDP line-level reporting in the
State summary and managed care plan specific MLR reports.''
5. On page 41130, second column, first partial paragraph, lines 17
through 24, the sentence that reads ``We are finalizing the effective
date for this provision as the first rating period beginning on or
after 1 year after the effective date for the provider incentive
changes in Sec. Sec. 438.3(i), 438.608(e), and the existing cross-
references at Sec. 457.1200(d) for separate CHIP.'' is corrected to
read ``We are finalizing the effective date for this provision as the
first rating period beginning on or after 1 year after the effective
date of the final rule for the provider incentive changes in Sec. Sec.
438.3(i), 438.608(e), and the existing cross-references at Sec.
457.1200(d) for separate CHIP.''
6. On page 41139, second column, second paragraph, lines 9 through
13, the sentence that reads ``We are instead finalizing in revised
Sec. 438.608(a)(2) that States require managed care plans to define
``prompt'' as within 30 calendar days of identifying or recovery an
overpayment.'' is corrected to read ``We are instead finalizing in
revised Sec. 438.608(a)(2) that States require managed care plans to
define ``prompt'' as within 30 calendar days of identifying or recovery
of an overpayment.''.
7. On page 41168, first column, first partial paragraph, lines 16
through 29, the sentence that reads `` ``Within 30 calendar days of
receipt of a notice described in paragraph(e)(2)(iii)(A), (B) or (C) of
this section, the State must submit an ILOS transition plan to CMS for
review and approval: (A) The notice the State provides to an MCO, PIHP,
or PAHP of its decision to terminate an ILOS; (B) The notice an MCO,
PIHP, or PAHP provides to the State of its decision to cease offering
an ILOS to its enrollees; or (C) The notice CMS provides to the State
of its decision to
[[Page 52391]]
require the State to terminate an ILOS.'' '' is corrected to read ``
``Within 30 calendar days of receipt of a notice described in paragraph
(e)(2)(iii)(A), (B) or (C) of this section, the State must submit an
ILOS transition plan to CMS for review and approval. (A) The notice the
State provides to an MCO, PIHP, or PAHP of its decision to terminate an
ILOS. (B) The notice an MCO, PIHP, or PAHP provides to the State of its
decision to cease offering an ILOS to its enrollees. (C) The notice CMS
provides to the State of its decision to require the State to terminate
an ILOS.'' ''
8. On page 41245, third column, first partial paragraph, lines 10
through 14, the sentence that reads ``In aggregate for Medicaid, we
estimate an annual private sector burden of 168 hours (7 States x 24
hr) at a cost of $19,848 (168 hr x $118.14/hr).'' is corrected to read
``In aggregate for Medicaid, we estimate an annual State burden of 168
hours (7 States x 24 hr) at a cost of $19,848 (168 hr x $118.14/hr). In
aggregate for CHIP, we estimate an annual State burden of 168 hours (7
States x 24 hr) at a cost of $19,848 (168 hr x $118.14/hr).''.
9. On page 41254, Table 6, Summary of CHIP Requirements and Burden,
is corrected by adding the following entry directly above the entry for
``457.1240(d) QRS website display yearly maintenance'':
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Total No. Time per Annualized
Regulatory section in Title 42 of OMB control number (CMS Number of respondents of response Total time Labor rate Total cost Frequency time Annualized
the CFR ID No.) responses (hours) (hours) ($/hr) ($) (hours) cost ($)
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457.1240(d) QRS optional methodology 0938-1282 (CMS-10554).. 7 States............... 24 1 168 118.14 19,848 Annual.............. n/a n/a
implementation extension.
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10. On page 41255, in Table 6, Summary of CHIP Requirements and
Burden, row 3, the ``Total'' entry is corrected to read as follows:
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Total No. Annualized
Regulatory section in Title 42 OMB control number Number of of Time per response Total time Labor rate ($/hr) Total cost Frequency time Annualized
of the CFR (CMS ID No.) respondents responses (hours) (hours) ($) (hours) cost ($)
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Total........................... ................... Varies.............. 3,583 Varies........... 350,569 Varies........... 32,620,743 Varies........... 37,329 3,759,381
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11. On page 41256, in Table 7, Summary of Medicaid and CHIP
Requirements and Burden, rows 3 and 4, the ``CHIP'' and the ``Total''
entries are corrected to read as follows:
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Total No. Annualized
OMB control number Number of of Time per response Total time Labor rate ($/hr) Total cost Frequency time Annualized
(CMS ID No.) respondents responses (hours) (hours) ($) (hours) cost ($)
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CHIP............................ 0938-1282 (CMS- Varies.............. 3,583 Varies........... 350,569 Varies........... 32,620,743 Varies.......... 37,329 3,759,381
10554).
Total....................... ................... Varies.............. 22,539 Varies........... 1,880,524 Varies........... 168,966,977 Varies.......... 112,542 10,889,606
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B. Correction of Errors in the Regulation Text
Sec. 438.16 [Corrected]
0
1. On page 41274, third column, last paragraph, the regulation text for
Sec. 438.16(e)(2)(iii)(A), lines 1 through 3, the sentence that reads
``(A) The notice the State provides to an MCO, PIHP, or PAHP of its
decision to terminate an ILOS;'' is corrected to read ``(A) The notice
the State provides to an MCO, PIHP, or PAHP of its decision to
terminate an ILOS.''.
Sec. 438.515 [Corrected]
0
2. On page 41281, third column, second full paragraph, the regulation
text for Sec. 438.515(b)(1), lines 1 through 12, the sentence that
reads ``(1) Include data for all enrollees who receive coverage through
the managed care plan for a service or action for which data are
necessary to calculate the quality rating for the managed care plan
including Medicaid FFS and Medicare data for enrollees who receive
Medicaid benefits for the State through FFS and managed care, are
dually eligible for both Medicare and Medicaid and receive full
benefits from Medicaid, or both).'' is corrected to read ``(1) Include
data for all enrollees who receive coverage through the managed care
plan for a service or action for which data are necessary to calculate
the quality rating for the managed care plan including Medicaid FFS and
Medicare data for enrollees who receive Medicaid benefits for the State
through FFS and managed care, are dually eligible for both Medicare and
Medicaid and receive full benefits from Medicaid, or both.''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-13712 Filed 6-21-24; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on June 24, 2024.
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