Rule2025-09695
Medicare and Medicaid Programs; Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; 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
May 29, 2025
Effective
May 29, 2025
Issuing agencies
Health and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document corrects technical errors in the final rule that appeared in the April 15, 2025 Federal Register, titled "Medicare and Medicaid Programs; Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly."
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Rules and Regulations]
[Page 22649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09695]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 417, 422, 423, and 460
[CMS-4208-CN]
RIN 0938-AV40
Medicare and Medicaid Programs; Contract Year 2026 Policy and
Technical Changes to the Medicare Advantage Program, Medicare
Prescription Drug Benefit Program, Medicare Cost Plan Program, and
Programs of All-Inclusive Care for the Elderly; 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 errors in the final rule that
appeared in the April 15, 2025 Federal Register, titled ``Medicare and
Medicaid Programs; Contract Year 2026 Policy and Technical Changes to
the Medicare Advantage Program, Medicare Prescription Drug Benefit
Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care
for the Elderly.''
DATES: Effective date: This correcting document is effective May 29,
2025.
FOR FURTHER INFORMATION CONTACT: Lucia Patrone, (410) 786-8621--General
Questions.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2025-06008 of April 15, 2025 (90 FR 15792), there were a
few technical and typographical errors that are identified and
corrected in this correcting document. The corrections in this
correcting document are applicable to the effective date beginning June
3, 2025, as if they had been included in the document that appeared in
the April 15, 2025, Federal Register.
II. Summary of Errors
On page 15899, we made an error in the CMS identification number of
a collection of information request.
On page 15903, we made errors in Table 11 which provides the
summary of the transfers and costs for the final rule. For the entry
regarding costs, we made errors in the first year and year range of the
costs.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (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
notice and comment and delay in effective date APA requirements. In
cases in which these exceptions apply, sections 1871(b)(2)(C) and
1871(e)(1)(B)(ii) of the Act also provide exceptions from the notice
and 60-day comment period and delay in effective date requirements of
the Act. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the
Act authorize an agency to dispense with normal rulemaking requirements
for good cause if the agency makes a finding that the notice and
comment process are 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 the effective date where such delay is contrary to the
public interest and an agency includes a statement of support.
We believe that this correcting document 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
correcting 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
correcting document 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 regulatory
text correction 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 finalized.
This final rule correcting document 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. Therefore, we believe we have good cause to
waive the notice and comment and effective date requirements.
IV. Correction of Errors
In FR Doc. 2025-06008 of April 15, 2025 (90 FR 15792), make the
following corrections:
1. On page 15899, second column, third full paragraph, lines 4 and
5, the parenthetical reference ``(CMS-10662)'' is corrected to read
``(CMS-10062)''.
2. On page 15903, top half of the page, in the table titled ``Table
11--Summary of the Transfers and Costs of the Final Rule by Provision
and Year'', the fourth row (COSTS),
a. Second column, the year ``2026'' is corrected to read ``2025''.
b. Last column, the years ``2026-2035'' are corrected to read
``2025-2034''.
Cortney L. McCormick,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2025-09695 Filed 5-28-25; 8:45 am]
BILLING CODE 4120-01-P
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</html>Indexed from Federal Register on May 29, 2025.
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