[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Rules and Regulations]
[Page 14343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6193]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 435

[HCFA-2086-F2]
RIN 0938-AJ96


Medicaid Program; Change in Application of Federal Financial 
Participation Limits: Delay of Effective Date

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Final rule; delay of effective date.

-----------------------------------------------------------------------

SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff entitled ``Regulatory 
Review Plan,'' published on January 24, 2001 in the Federal Register, 
this action temporarily delays for 60 days the effective date of the 
rule entitled ``Change in Application of Federal Financial 
Participation Limits'' published in the January 11, 2001 Federal 
Register (66 FR 2316). That final rule changes the current requirement 
that limits Federal financial participation that must be applied before 
States use less restrictive income methodologies than those used by 
related cash assistance programs in determining eligibility for 
Medicaid. The effective date of that final rule, which would have been 
March 12, 2001, is now May 11, 2001.
    The temporary 60-day delay in effective date is necessary to give 
Department officials the opportunity for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum of January 20, 2001. To the extent that 5 U.S.C. 
section 553 applies to this action, it is exempt from notice and 
comment because it constitutes a rule of procedure under 5 U.S.C. 
section 553(b)(A). Alternatively, HCFA's implementation of this rule 
without opportunity for public comment, effective immediately upon 
publication today in the Federal Register, is based on the good cause 
exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that seeking 
public comment is impracticable, unnecessary, and contrary to the 
public interest. Given the imminence of the effective date, seeking 
prior public comment on this temporary delay would have been 
impractical, as well as contrary to the public interest, in the orderly 
promulgation and implementation of regulations.

DATES: The effective date of the rule amending 42 CFR part 435 
published in the January 11, 2001 Federal Register (66 FR 2316) is 
delayed 60 days until May 11, 2001.

FOR FURTHER INFORMATION CONTACT: Roy Trudel, (410) 786-3417.

(Catalog of Federal Domestic Assistance Program No. 93.778 Medical 
Assistance Program)

    Dated: February 27, 2001.
Michael McMullan,
Acting Deputy Administrator, Health Care Financing Administration.
    Approved: March 8, 2001.
Tommy G. Thompson,
Secretary.
[FR Doc. 01-6193 Filed 3-9-01; 8:45 am]
BILLING CODE 4120-01-P