Rule2024-14030
Medicaid Program; Ensuring Access to Medicaid Services; 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 27, 2024
Effective
July 9, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical and typographical errors in the final rule that appeared in the May 10, 2024 Federal Register, entitled "Medicaid Program; Ensuring Access to Medicaid Services (referred to hereafter as the "Access final rule"). The effective date of the Access final rule is July 9, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 124 (Thursday, June 27, 2024)</title>
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53497-53502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14030]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 431, 438, 441, 447
[CMS-2442-CN]
RIN 0938-AU68
Medicaid Program; Ensuring Access to Medicaid Services;
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 and typographical errors in
the final rule that appeared in the May 10, 2024 Federal Register,
entitled ``Medicaid Program; Ensuring Access to Medicaid Services
(referred to hereafter as the ``Access final rule''). The effective
date of the Access final rule is July 9, 2024.
DATES: This correction is effective July 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Karen LLanos, (410) 786-9071, for Medicaid Advisory Committee.
Jennifer Bowdoin, (410) 786-8551, for Home and Community-Based
Services.
Jeremy Silanskis, (410) 786-1592, for Fee-for-Service Payment.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-08363 of May 10, 2024 (89 FR 40542), there were
technical errors that are identified and corrected in this correcting
document. These corrections are applicable as if they had been included
in the Access final rule, which is effective July 9, 2024. Accordingly,
the corrections are effective July 9, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 40550, in Table 1: Provisions and Relevant Timing
Information and Dates, we made errors listing the applicability dates
and did not include all of the regulatory citations for the table rows
that referenced the Medicaid Advisory Committee & Beneficiary Advisory
Council Sec. 431.12.
On pages 40556, 40557, and 40565, we made errors listing the
applicability dates.
On page 40570, we made minor technical and typographical errors,
including cross-references to regulatory citations and a preamble
section.
On page 40577, we made typographical errors in regulatory
citations.
On page 40578, we made a typographical error in a Federal Register
reference.
On page 40580, we made a typographical error when discussing a
modification to regulatory language.
On page 40586, we made a typographical error in a regulatory
citation.
On page 40587, we made a typographical error when discussing a
modification to regulatory language.
On page 40594, we erroneously included an incorrect statement
related to formatting when discussing a modification to regulatory
language.
On page 40596, we made a typographical error when discussing a
modification to regulatory language.
On page 40599, we made typographical errors in references to a
preamble section number and a regulatory citation.
On page 40611, we made typographical errors in a statutory citation
and a regulatory citation.
On page 40614, we made a typographical error in a statutory
citation.
On page 40615, we erroneously included the incorrect Federal
Register citation.
On page 40616, we made minor technical errors in discussing a
modification to regulatory language, including inadvertently omitting a
regulatory citation.
On page 40619, we erroneously omitted a word in a policy statement.
On pages 40624, 40627, 40633, and 40640, we made typographical
errors in regulatory citations.
On page 40643, we made a typographical error in a summary of
regulatory language we finalized.
On page 40646, we made a typographical error in a regulatory
citation.
On page 40650, we made a typographical error in a reference to a
preamble section.
On pages 40653, 40660, and 40661, we made typographical errors in
regulatory citations.
On page 40662, we erroneously omitted a word and made a
typographical error in a regulatory citation.
On page 40671, we made typographical and minor technical errors
when discussing regulatory language we finalized.
On page 40673, we made typographical errors in regulatory
citations.
On page 40675, we made typographical errors in a regulatory
[[Page 53498]]
citation and in references to preamble sections.
On page 40727, we erroneously omitted words when discussing
publication requirements.
On page 40858, in the table titled ``TABLE 48: Accounting Table,''
we inadvertently included incorrect summary figures in the table.
B. Summary of Errors in the Regulation Text
On page 40862, in the regulation text for Sec. 431.12(d)(1), we
listed incorrect applicability dates.
On page 40863, in amendatory instruction 5, we inadvertently noted
the changes to Sec. 438.72 incorrectly.
On page 40869, in the regulation text for Sec. 441.312(c)(3)(iv),
we made a typographical error.
On page 40869, in the regulation text for Sec. 441.312(g), we made
a typographical error in a cross-reference.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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 corrects technical errors in the Access 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 Access
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
Access 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.
IV. Correction of Errors
In FR Doc. 2024-08363 of May 10, 2024 (89 FR 40542), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 40550, Table 1: Provisions and Relevant Timing
Information and Dates, under Medicaid Advisory Committee (MAC) &
Beneficiary Advisory Council (BAC) Sec. 431.12, the second column,
rows 1 through 3, which read:
[GRAPHIC] [TIFF OMITTED] TR27JN24.005
is corrected to read:
[[Page 53499]]
[GRAPHIC] [TIFF OMITTED] TR27JN24.006
2. On page 40556, second column, first full paragraph, lines 17
through 28, the sentence that reads:
``Instead of the 25 percent minimum threshold coming into effect
right away, we are revising this final rule to provide in Sec.
431.12(d)(1) that, for the period from July 9, 2024 through July 9,
2025, 10 percent of the MAC members must come from the BAC; for the
period from July 10, 2025 through July 9, 2026 20 percent of MAC
members must come from the BAC; and thereafter, 25 percent of MAC
members must come from the BAC.''
is corrected to read:
``Instead of the 25 percent minimum threshold coming into effect
right away, we are revising this final rule to provide in Sec.
431.12(d)(1) that, for the period from July 9, 2025 through July 9,
2026, 10 percent of the MAC members must come from the BAC; for the
period from July 10, 2026 through July 9, 2027, 20 percent of MAC
members must come from the BAC; and thereafter, 25 percent of MAC
members must come from the BAC.''
3. On page 40557, first column, second bullet in the second full
paragraph, lines 1 through 13, the sentences that read:
``Replacing the language at Sec. 431.12 (d)(1) to clarify the
timeframe for States to reach 25 percent of MAC members coming from the
BAC. The new sentence will now read, ``For the period from July 9, 2024
through July 9, 2025, 10 percent of the MAC members must come from the
BAC; for the period from July 10, 2025 through July 10, 2026 20 percent
of MAC members must come from the BAC; and thereafter, 25 percent of
MAC members must come from the BAC.''
are corrected to read:
``Replacing the language at Sec. 431.12 (d)(1) to clarify the
timeframe for States to reach 25 percent of MAC members coming from the
BAC. The new sentence will now read, ``For the period from July 9, 2025
through July 9, 2026, 10 percent of the MAC members must come from the
BAC; for the period from July 10, 2026 through July 10, 2027, 20
percent of MAC members must come from the BAC; and thereafter, 25
percent of MAC members must come from the BAC.''
4. On page 40565, second column, first full paragraph, lines 9
through 18, the sentences that read:
``The finalized provision at Sec. 431.12(d)(1) will require that,
for the period from July 9, 2024 through July 9, 2025, 10 percent of
the MAC members must come from the BAC; for the period from July 10,
2025 through July 9, 2026, 20 percent of MAC members must come from the
BAC; and thereafter, 25 percent of MAC members must come from the
BAC.''
are corrected to read:
``The finalized provision at Sec. 431.12(d)(1) will require that,
for the period from July 9, 2025 through July 9, 2026, 10 percent of
the MAC members must come from the BAC; for the period from July 10,
2026 through July 9, 2027, 20 percent of MAC members must come from the
BAC; and thereafter, 25 percent of MAC members must come from the
BAC.''
5. On page 40570,
a. Second column, second full paragraph, lines 8 through 22, the
sentences that read:
``This statement was published in error, and we did not intend to
propose this specific regulation text include reference to Sec.
438.208(c). We note that Sec. 438.208(c)(3)(v) already requires that
managed care plans comply with Sec. 441.301(c)(3), generally, so we
believe that referencing Sec. 438.208(c) is not necessary. We also
note that Sec. 438.208(c)(3)(ii) requires compliance with the other
person-centered planning requirements at Sec. 441.301(c)(1) and (2).
Thus, also referring to Sec. 438.208(c) would be unnecessary.''
are corrected to read:
``This statement was published in error, and we did not intend to
propose to add requirements at Sec. 441.301(c)(3) to this specific
regulation text at Sec. 438.208(c). We note that Sec.
438.208(c)(3)(v) already requires that managed care plans comply with
Sec. 441.301(c)(3), generally, so we believe that adding the
requirements at Sec. 441.301(c)(3) to Sec. 438.208(c) is not
necessary. We also note that Sec. 438.208(c)(3)(ii) requires
compliance with the other person-centered planning requirements at
Sec. 441.301(c)(1) and (2). Thus, also adding the requirements at
Sec. 441.301(c)(3) to Sec. 438.208(c) would be unnecessary.''.
b. In the third column, second full paragraph, line 17, the section
reference that reads, ``II.B.11'' is corrected to read, ``II.B.10''.
6. On page 40577, second column, first full and non-bulleted
paragraph,
a. Line 16, the regulatory citation that reads ``Sec.
441.301(c)(4)(ii)'' is corrected to read ``Sec. 441.301(c)(4)(iii)''.
b. Line 27, the regulatory citation that reads ``(v)(B)'' is
corrected to ``(vi)(B)''.
7. On page 40578, third column, first partial paragraph, lines 3
through 4, the Federal Register reference that reads ``(88 FR 28080)''
is corrected to ``(88 FR 27976).''
8. On page 40580, third column, third full paragraph, lines 1
through 6, the paragraph that reads ``We are finalizing Sec.
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous
reference to subchapter in the regulatory language and replace
subchapter with paragraph (c)(7)'' is corrected to read ``We are
finalizing Sec. 441.301(c)(7)(iii)(B)(1) with a modification to
correct an erroneous reference to subsection in the regulatory
[[Page 53500]]
language and replace subsection with paragraph (c)(7).''.
9. On page 40586, first column, first partial paragraph, line 17,
the regulatory citation that reads ``Sec.
441.301(c)(7)(iii)(C)(3)(ii)'' is corrected to read ``Sec.
441.301(c)(7)(iii)(C)(3)(iii)''.
10. On page 40587, third column, last paragraph, lines 3 through 7,
the sentence that reads ``We are finalizing Sec.
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous
reference to subchapter by replacing subchapter with paragraph
(c)(7).'' is corrected to read ``We are finalizing Sec.
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous
reference to subsection by replacing subsection with paragraph
(c)(7).''.
11. On page 40594, first column, last paragraph, line 16, the
sentence that reads ``(New text in bolded font.)'' is deleted.
12. On page 40596, in the third column, third full bulleted
paragraph, lines 1 through 5, that reads ``We are finalizing Sec.
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous
reference to subchapter by replacing subchapter with paragraph
(c)(7).'' is corrected to read ``We are finalizing Sec.
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous
reference to subsection by replacing subsection with paragraph
(c)(7).''.
13. On page 40599,
a. First column, second paragraph, line 38, the section reference
that reads ``II.B.3.i'' is corrected to read ``II.B.3.j.''.
b. Third column, last paragraph, line 9, the regulatory citation
that reads ``Sec. 441.703(a)'' is corrected to read ``Sec.
441.303(a)''.
14. On page 40611,
a. First column, first partial paragraph, lines 13 through 14, the
statutory citation that reads ``section 1902(a)(3)(A)'' is corrected to
read ``section 1902(a)(30)(A)''.
b. Second column, heading b. that reads ``b. Minimum Performance
Requirement and Flexibilities (Sec. 441.302(k)(2), (3), (4), (5), and
(6))'' is corrected to read ``b. Minimum Performance Requirement and
Flexibilities (Sec. 441.302(k)(2), (3), (4), (5), (6), and (7)).''
15. On page 40614, third column, first full paragraph, the last
line that reads ``section 2402(a)(iii)(B)'' is corrected to read
``section 2402(a)(3)(B)(iii)''.
16. On page 40615, first column, last full paragraph, line 2, the
Federal Register citation that reads ``(88 FR 27982)'' is corrected to
read ``(88 FR 27982 through 27984)''.
17. On page 40616, third column, second paragraph, lines 2 through
9, the sentence that reads:
``As discussed in greater detail later in this section, we are
modifying the policy we proposed at Sec. 441.302(k)(3) to establish
certain exceptions from the minimum performance level, and to establish
a 6- year effective date, rather than the 4 years we had proposed.''
is corrected to read:
``As discussed in greater detail later in this section, we are
modifying the policy we proposed, at Sec. 441.302(k)(3), to establish
certain exceptions from the minimum performance level, and, at Sec.
441.302(k)(8), to establish a that States must comply beginning 6 years
after the effective date of this rule, rather than the 4 years we had
proposed at Sec. 441.302(k)(4).''.
18. On page 40619, first column, first full paragraph, line 34
through the end of the paragraph, the sentence that reads:
``We note that we expect that most providers would be subject to a
hardship exemption on a temporary basis, and that States would still
need to collect and report data as required in Sec. 441.302(k)(2) and
Sec. 441.311(e) for providers with hardship exemptions.''
is corrected to read:
``We note that we expect that most exempted providers would be
subject to a hardship exemption on a temporary basis, and that States
would still need to collect and report data as required in Sec.
441.302(k)(2) and Sec. 441.311(e) for providers with hardship
exemptions.''
19. On page 40624, first column, second full paragraph, line 17,
the regulatory citation that reads ``Sec. 441.302(k)(3)(iii)'' is
corrected to read ``Sec. 441.302(k)(1)(iii)''.
20. On page 40627, third column, fourth full paragraph, line 14,
the regulatory citation that reads ``Sec. 441.302(k)(1)(i)(A)'' is
corrected to read ``Sec. 441.302(k)(1)(ii)(A)''.
21. On page 40633, first column, last paragraph, line 5, the
regulatory citation that reads ``Sec. 441.311I'' is corrected to read
``Sec. 441.311(e)''.
22. On page 40640, second column, second full paragraph, line 2,
the regulatory citation that reads ``Sec. 441.301(c)(3)(ii)'' is
corrected to read ``Sec. 441.311(b)(3)''.
23. On page 40643, second column, third full paragraph, lines 1
through 5, the sentence that reads ``After consideration of public
comments received, we are finalizing the HCBS Quality Measure Set
reporting requirements at Sec. 441.311(c) with modifications.'' is
corrected to read ``After consideration of public comments received, we
are finalizing the HCBS Quality Measure Set reporting requirements at
Sec. 441.311(c) with no modifications.''.
24. On page 40646, first column, last paragraph, line 6, the
regulatory citation that reads ``Sec. 441.331(d)(1)'' is corrected to
read ``Sec. 441.311(d)(1)''.
25. On page 40650, second column, last paragraph, line 2, the
section reference that reads ``II.B.7.e.'' is corrected to read
``II.B.7.f.''.
26. On page 40653,
a. First column, last paragraph, line 10, the regulatory citation
that reads ``Sec. 411.302(k)'' is corrected to read ``Sec.
441.302(k)''.
b. First column, last paragraph, line 11, the regulatory citation
that reads ``Sec. 411.311(e)(2)'' is corrected to read ``Sec.
441.311(e)(2)''.
c. First column, last paragraph, line 14, the regulatory citation
that reads ``Sec. 411.302(k)(3)'' is corrected to read ``Sec.
441.302(k)(3)''.
d. Second column, first partial paragraph, line 3, the regulatory
citation that reads ``Sec. 411.302(k)'' is corrected to read ``Sec.
441.302(k)''.
e. Second column, first partial paragraph, line 6, the regulatory
citation that reads ``Sec. 411.311(e)(2)'' is corrected to read
``Sec. 441.311(e)(2)''.
f. Second column, first partial paragraph, line 10, the regulatory
citation that reads ``Sec. 411.302(k)(3)'' is corrected to read
``Sec. 441.302(k)(3)''.
g. Second column, first partial paragraph, line 11, the regulatory
citation that reads ``Sec. 411.302(k)(3)'' is corrected to read
``Sec. 441.302(k)(3)''.
h. Second column, first full paragraph, line 4, the regulatory
citation that reads ``Sec. 411.311(e)(2)'' is corrected to read
``Sec. 441.311(e)(2)''.
27. On page 40660, third column, heading f. at the bottom of the
page, the regulatory citation that reads ``441.745(a)(1)(iii)'' is
corrected to read ``441.745(a)(1)(vii)''.
28. On page 40661, first column, first partial paragraph, line 16,
the regulatory citation that reads ``Sec. 441.302(a)(6)'' is corrected
to read ``Sec. 441.311''.
29. On page 40662, third column, first bulleted paragraph, the
paragraph that reads:
``We are finalizing the HCBS Quality Measure Set reporting
requirements at Sec. 441.311(c) with modifications. At Sec.
441.311(c), we are finalizing a date of 4 years, rather than 3 years,
for States to comply with the HCBS Quality Measure Set reporting
requirements at Sec. 441.311(c).''
is corrected to read:
``We are finalizing the HCBS Quality Measure Set reporting
requirements at
[[Page 53501]]
Sec. 441.311(c) with no modifications. At Sec. 441.311(f)(2), we are
finalizing a date of 4 years, rather than 3 years, for States to comply
with the HCBS Quality Measure Set reporting requirements at Sec.
441.311(c).''.
30. On page 40671,
a. First column, first full paragraph, lines 2 through 11, the
sentence that reads:
``As noted previously, we are finalizing Sec. 441.312(c)(1) and
(2) with modifications to indicate that we will identify, and update no
more frequently than every other year, beginning no later than December
31, 2026, the quality measures to be included in the HCBS Quality
Measure Set as defined in paragraph (b) of this section.''
is corrected to read:
``As noted previously, we are finalizing Sec. 441.312(c)(1) and
(2) with modifications to indicate that: we will identify, and update
no more frequently than every other year, beginning no later than
December 31, 2026, the quality measures to be included in the HCBS
Quality Measure Set as defined in paragraph (b) of this section; and we
will make technical updates and corrections to the HCBS Quality Measure
Set annually as appropriate.''.
b. First column, second full paragraph, lines 1 through 3, the
sentence that reads ``We will make technical updates and corrections to
the HCBS Quality Measure Set annually as appropriate.'' is deleted.
c. Third column, second full (and second bulleted) paragraph, the
sentence that reads ``We are finalizing the definition of attribution
rules and Home and Community-Based Services Quality Measure Set at
Sec. 441.312(b)(1) with a minor formatting change.'' is corrected to
read ``We are finalizing the definitions of attribution rules and Home
and Community-Based Services Quality Measure Set at Sec. 441.312(b)(1)
and (2), respectively, with minor modifications.''.
31. On page 40673, first column,
a. Third full paragraph, line 11, the regulatory citation that
reads ``Sec. 441.33'' is corrected to read ``Sec. 441.313''.
b. Fourth full paragraph, lines 6 and 8, the regulatory citation
that reads ``Sec. 441.311'' is corrected to ``Sec. 441.313'' in both
instances.
32. On page 40675,
a. First column, first full paragraph, line 7, the regulatory
citation that reads ``Sec. 441.3131(c)'' is corrected to read ``Sec.
441.313(c)''.
b. Third column, last full paragraph, lines 1 through 3, the phrase
that reads ``As discussed earlier in sections II.B.1., II.B.4.,
II.B.5., II.B.7., and II.J. of this rule'' is corrected to read ``As
discussed earlier in sections II.B.1., II.B.3., II.B.5., II.B.7., and
II.B.9. of this rule''.
33. On page 40727, second column, second paragraph, lines 1 through
6, the sentence that reads:
``The State agency is required to publish a hyperlink where the
comparative, as well as the payment rate disclosure and payment rate
transparency publication, on the State Medicaid agency's website.''
is corrected to read:
``The State agency is required to publish a hyperlink to where the
comparative payment rate analysis, as well as the payment rate
disclosure and payment rate transparency publication, is located on the
State Medicaid agency's website.''
34. On page 40858, in the middle of the page, TABLE 48: Accounting
Table, is corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR27JN24.007
B. Corrections of Errors in the Regulation Text
Sec. 431.12 [Corrected]
0
1. On page 40862, first column, fourth full paragraph, the regulation
text for Sec. 431.12(d)(1) that reads:
``(1) For the period from July 9, 2024 through July 9, 2025, 10
percent of the MAC members must come from the BAC; for the period from
July 10, 2025 through July 9, 2026, 20 percent of MAC members must come
from the BAC; and thereafter, 25 percent of MAC members must come from
the BAC.''
is corrected to read:
``(1) For the period from July 9, 2025 through July 9, 2026, 10
percent of the MAC members must come from the BAC; for the period from
July 10, 2026 through July 9, 2027, 20 percent of MAC members must come
from the BAC; and thereafter, 25 percent of MAC members must come from
the BAC.''
Sec. 438.72 [Corrected]
0
2. On page 40863, second column, amendment 5, the instruction and
accompanying regulation text that reads:
0
``5. Section 438.72 is added to subpart B to read as follows:
[[Page 53502]]
Sec. 438.72 Additional requirements for long-term services and
supports.
(a) [Reserved]
(b) Services authorized under section 1915(c) waivers and section
1915(i), (j), and (k) State plan authorities. The State must comply
with the requirements at Sec. Sec. 441.301(c)(1) through (3),
441.302(a)(6), 441.302(k), 441.311, and 441.313 for services authorized
under section 1915(c) waivers and section 1915(i), (j), and (k) State
plan authorities.''
is corrected to read:
0
``5. Section 438.72 is amended by adding paragraph (b) to read as
follows:
Sec. 438.72 Additional requirements for long-term services and
supports.
* * * * *
(b) Services authorized under section 1915(c) waivers and section
1915(i), (j), and (k) State plan authorities. The State must comply
with the requirements at Sec. Sec. 441.301(c)(1) through (3),
441.302(a)(6), 441.302(k), 441.311, and 441.313 for services authorized
under section 1915(c) waivers and section 1915(i), (j), and (k) State
plan authorities.''
Sec. 441.312 [Corrected]
0
3. On page 40869,
0
a. First column, sixth paragraph, the regulation text for Sec.
441.312(c)(3)(iv) that reads:
``(iv) Ensure that all measures included in the Home and Community-
Based Quality Measure Set reflect an evidenced-based process including
testing, validation, and consensus among interested parties; are
meaningful for States; and are feasible for State-level, program-level,
or provider-level reporting as appropriate.''
is corrected to:
``(iv) Ensure that all measures included in the Home and Community-
Based Quality Measure Set reflect an evidence-based process including
testing, validation, and consensus among interested parties; are
meaningful for States; and are feasible for State-level, program-level,
or provider-level reporting as appropriate.''
0
b. Third column, first full paragraph, the regulation text for Sec.
441.312(g) that reads:
``(g) Consultation with interested parties. For purposes of
paragraph (c)(2) of this section, the Secretary must consult with
interested parties as described in this paragraph to include the
following:''
is corrected to:
``(g) Consultation with interested parties. For purposes of
paragraph (c)(3) of this section, the Secretary must consult with
interested parties as described in this paragraph to include the
following:''
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-14030 Filed 6-26-24; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on June 27, 2024.
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