Rule2024-24910
Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2025; Updating Section 1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-OP) Program; and Basic Health Program; Correcting Amendment
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
October 28, 2024
Effective
October 28, 2024
Issuing agencies
Treasury DepartmentHealth and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical and typographical errors in the final rule that appeared in the April 15, 2024 issue of the Federal Register entitled, "Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2025; Updating Section 1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-OP) Program; and Basic Health Program." The effective date of the final rule was June 4, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85431-85432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24910]
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DEPARTMENT OF THE TREASURY
31 CFR Part 33
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 435 and 600
Office of the Secretary
45 CFR Parts 153, 155, and 156
[CMS-9895-F2]
RIN-0938-AV22
Patient Protection and Affordable Care Act, HHS Notice of Benefit
and Payment Parameters for 2025; Updating Section 1332 Waiver Public
Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-
OP) Program; and Basic Health Program; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
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SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the April 15, 2024 issue of the Federal
Register entitled, ``Patient Protection and Affordable Care Act, HHS
Notice of Benefit and Payment Parameters for 2025; Updating Section
1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and
Oriented Plan (CO-OP) Program; and Basic Health Program.'' The
effective date of the final rule was June 4, 2024.
DATES: Effective October 28, 2024 and applicable beginning June 4,
2024.
FOR FURTHER INFORMATION CONTACT: Dolma Tsering, (301) 448-3925.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-07274 of April 15, 2024 (89 FR 26218), the final
rule entitled ``Patient Protection and Affordable Care Act, HHS Notice
of Benefit and Payment Parameters for 2025; Updating Section 1332
Waiver Public Notice Procedures; Medicaid; Consumer Operated and
Oriented Plan (CO-OP) Program; and Basic Health Program'' (hereinafter
referred to as the 2025 Payment Notice), there were technical errors
that are identified and corrected in the regulations text of this
correcting amendment. The provisions of this correcting amendment are
effective October 28, 2024 and are applicable beginning June 4, 2024.
II. Summary of Errors in the Regulation Text
On page 26424, in the amendatory instruction for Sec. 156.111, we
inadvertently noted changes to paragraph (b)(2) and not specifically
paragraphs (b)(2)(i) and (ii). Therefore, paragraphs (b)(2)(iii)
through (v) were inadvertently deleted.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, if an agency finds for good cause that the delay is
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates a statement of the findings and its reasons in the
rule issued.
Our policy on streamlining the process for States to update their
Essential Health Benefits (EHB) benchmark plans in the 2025 Payment
Notice has previously been subjected to notice and comment procedures.
This correcting amendment is consistent with the discussion of this
policy in the 2025 Payment Notice and does not make substantive changes
to this policy. Instead this correcting amendment merely corrects
technical errors, specifically an unintended deletion, in the
regulations text caused by an error in the amendatory instructions of
the 2025 Payment Notice. As a result, this correcting amendment is
intended to ensure that the 2025 Payment Notice accurately reflects the
policy adopted in the final rule, which did not otherwise indicate any
intention to delete the regulations text that was unintentionally
deleted. Therefore, we find that undertaking further notice and comment
procedures to incorporate these corrections into the final rule is
unnecessary and contrary to the public interest.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting amendment. We believe that it is in
the public interest to ensure that the regulations text accurately
reflects the policy set forth in the 2025 Payment Notice streamlining
the process for States to update their EHB-benchmark plans. Thus,
delaying the effective date of this correcting amendment would be
contrary to the public interest. Therefore, we also find good cause to
waive the 30-day delay in effective date.
List of Subjects in 45 CFR Part 156
Administrative practice and procedure, Advertising, Advisory
committees, Brokers, Conflict of interests, Consumer protection, Grant
programs--health, Grants administration, Health care, Health insurance,
Health maintenance organization (HMO), Health records, Hospitals,
Indians, Individuals with disabilities, Loan programs--health,
Medicaid, Organization and functions (Government agencies), Public
assistance programs, Reporting and recordkeeping requirements, State
and local governments, Sunshine Act, Technical assistance, Women,
Youth.
For the reasons set forth in the preamble, HHS corrects 45 CFR part
156 by making the following correcting amendments:
PART 156--HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE
CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES
0
1. The authority citation for part 156 continues to read as follows:
Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042,
18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.
0
2. Section 156.111 is amended by adding paragraphs (b)(2)(iii) through
(v) to read as follows:
Sec. 156.111 State selection of EHB-benchmark plan for plan years
beginning on or after January 1, 2020.
* * * * *
(b) * * *
(2) * * *
(iii) Not have benefits unduly weighted towards any of the
categories of benefits at Sec. 156.110(a);
(iv) Provide benefits for diverse segments of the population,
including women, children, persons with disabilities, and other groups;
and
(v) Not include discriminatory benefit designs that contravene the
non-
[[Page 85432]]
discrimination standards defined in Sec. 156.125.
* * * * *
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-24910 Filed 10-25-24; 8:45 am]
BILLING CODE 4120-01-M
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</html>Indexed from Federal Register on October 28, 2024.
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