Rule2024-20174
Medicare Program; Medicare Prescription Drug Benefit Program; Health Information Technology Standards and Implementation Specifications; 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
September 9, 2024
Effective
September 9, 2024
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects typographical and technical errors in the final rule that appeared in the June 17, 2024, Federal Register, titled "Medicare Program; Medicare Prescription Drug Benefit Program; Health Information Technology Standards and Implementation Specifications." The effective date of the final rule was July 17, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72998-72999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20174]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 423
Office of the Secretary
45 CFR Part 170
[CMS-4205-CN]
RINs 0938-AV24 and 0938-AU96
Medicare Program; Medicare Prescription Drug Benefit Program;
Health Information Technology Standards and Implementation
Specifications; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Office of the
National Coordinator for Health Information Technology (ONC),
Department of Health and Human Services (HHS).
ACTION: Final rule; correction.
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SUMMARY: This document corrects typographical and technical errors in
the final rule that appeared in the June 17, 2024, Federal Register,
titled ``Medicare Program; Medicare Prescription Drug Benefit Program;
Health Information Technology Standards and Implementation
Specifications.'' The effective date of the final rule was July 17,
2024.
DATES:
Effective date: This correction is effective September 9, 2024.
Applicability date: This correcting document is applicable to the
start of the transition period for use of the National Council for
Prescription Drug Programs (NCPDP) SCRIPT standard and NCPDP Formulary
and Benefit (F&B) standard versions beginning July 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Maureen Connors, (410) 786-4132--Part D Standards for Electronic
Prescribing.
Alexander Baker, (202) 260-2048--Health IT Standards.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. FR 2024-12842 of June 17, 2024 (89 FR 51238), the final
rule titled ``Medicare Program; Medicare Prescription Drug Benefit
Program; Health Information Technology Standards and Implementation
Specifications,'' there were a few typographical and technical errors
that are identified and corrected in this correction. The corrections
are applicable to the start of the transition period for use of the
National Council for Prescription Drug Programs (NCPDP) SCRIPT standard
and NCPDP (Formulary and Benefit) F&B standard versions beginning July
17, 2024, as if they had been included in the document that appeared in
the June 17, 2024 Federal Register.
II. Summary of Errors
On page 51252, we made typographical errors in our discussion of
the start dates for the transition periods for use of the NCPDP SCRIPT
standard and NCPDP F&B standard versions, and in section IV of this
document we correct these errors.
On page 51255, we made errors in our discussion of how non-NCPDP
members may review and inspect NCPDP standards that have been
incorporated by reference, and in section IV of this document we
correct this error.
III. Waivers 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.
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of
the proposed rule in the Federal Register that includes a reference to
the legal authority under which the rule is proposed, and the terms and
substance of the proposed rule or a description of the subjects and
issues involved. Further, 5 U.S.C. 553 requires the agency to give
interested parties the opportunity to participate in the rulemaking
through public comment on a proposed rule. Similarly, section
1871(b)(1) of the Social Security Act (the Act) requires the Secretary
to provide for notice of the proposed rule in the Federal Register and
provide a period of not less than 60 days for public comment for
rulemaking to carry out the administration of the Medicare program
under title XVIII of the Act. 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. 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. In cases
in which these exceptions apply, sections 1871(b)(2)(C) and
1871(e)(1)(B)(ii) of the Act provide exceptions from the notice, 60-day
comment period, and delay in effective date requirements of the Act as
well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act
authorize 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. In addition, both section 553(d)(3) of
the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to
avoid the 30-day delay in effective date where such delay is contrary
to the public interest and the agency includes a statement of support.
We believe that this correction does not constitute a rule that
would be subject to the notice and comment or delayed effective date
requirements of the APA or section 1871 of the Act. This document
corrects typographical and technical errors in the preamble of the
final rule but does not make substantive changes to the policies that
were adopted in the final rule. As a result, this correction is
intended to ensure that the information in the final rule accurately
reflects the policies adopted in that final rule.
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 preamble
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
the policies and regulatory changes that we previously proposed,
requested comment on, and subsequently
[[Page 72999]]
finalized. This final rule correction is intended solely to ensure that
the final rule accurately reflects policies and regulatory changes that
have been adopted through rulemaking. 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.
IV. Corrections
In FR Doc. FR 2024-12842 appearing on page 51238, in the Federal
Register of Monday, June 17, 2024, make the following corrections:
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1. On page 51252, third column, first full paragraph--
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a. Lines 14 and 15, the date ``July 7, 2024'' is corrected to read
``July 17, 2024''.
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b. Line 29, the date ``July 7, 2024'' is corrected to read ``July 17,
2024.''
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2. On page 51255, second column, sixth full paragraph, lines 4 through
6, the phrase ``Non-NCPDP members may obtain these materials for
information purposes by contacting'' is corrected to read ``Non-NCPDP
members may arrange to inspect these materials by contacting''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-20174 Filed 9-6-24; 8:45 am]
BILLING CODE 4120-02-P
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</html>Indexed from Federal Register on September 9, 2024.
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