[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43090-43091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20714]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 400, 430, 431, 434, 435, 438, 440, and 447

[CMS-2001-IFC]
RIN 0938-AL07


Medicaid Program; Medicaid Managed Care; Further Delay of 
Effective Date

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Interim final rule with comment; Further delay of effective 
date.

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SUMMARY: This document further delays the effective date of the final 
rule with comment period on Medicaid managed care that we published in 
the Federal Register on January 19, 2001 (66 FR 6228). The January 2001 
final rule with comment period, if it had taken effect, would have 
combined most of the regulatory provisions relating to Medicaid managed 
care into a new part in 42 CFR, and would have implemented Medicaid 
managed care requirements of the Balanced Budget Act of 1997 (Pub. L. 
105-33).
    In a Federal Register final rule (66 FR 11546) published on 
February 26, 2001, we delayed the effective date of the January 2001 
rule from April 19, 2001 until June 18, 2001. On June 18, 2001, we 
published another final rule in the Federal Register that delayed the 
effective date of the January 2001 final rule from June 18, 2001 until 
August 17, 2001 (66 FR 32776). This document further delays the 
effective date of the January 2001 final rule from August 17, 2001 
until August 16, 2002. In addition, this document gives the public an 
opportunity to comment on the length of the delay of effective date.
    These delays were necessary to give newly appointed Department 
officials the opportunity for further review and consideration of the 
new regulations. During these delays, we have heard from key 
stakeholders in the Medicaid managed care program, including States, 
advocates for beneficiaries, and provider organizations. These 
stakeholders expressed strong (sometimes opposing) views about the 
regulation. In particular, concerns were expressed about revisions made 
in the final rule that were based on public comments we received on the 
September 29, 1998 proposed rule (63 FR 52022). Other commenters raised 
concerns about how we chose to implement those provisions in the final 
rule without further opportunity for public comment.
    We are publishing in the August 20, 2001 issue of the Federal 
Register another proposed rule allowing an additional opportunity for 
public comment on revised Medicaid managed care provisions.

DATES: Effective Date: The final rule with comment period that 
published on January 19, 2001 at 66 FR 6228 and delayed on February 26, 
2001 at 66 FR 11546 until June 18, 2001 and delayed on June 18, 2001 at 
66 FR 32776 until August 17, 2001 is further delayed until August 16, 
2002.
    Comment date: Comments will be considered if we receive them at the 
appropriate address, as provided below, no later than 5 p.m. on October 
16, 2001.

ADDRESSES: Mail written comments (one original and three copies) to the 
following address only:
    Centers for Medicare & Medicaid Services, Department of Health and 
Human Services, Attention: CMS-2001-IFC, P.O. Box 8016, Baltimore, MD 
21244-8016.
    To ensure that mailed comments are received in time for us to 
consider them, please allow for possible delays in delivering them.
    If you prefer, you may deliver (by hand or courier) your written 
comments (one original and three copies) to one of the following 
addresses: Room 443-G, Hubert H. Humphrey Building, 200 Independence 
Avenue, SW., Washington, DC 20201, or Room C5-16-03, 7500 Security 
Boulevard, Baltimore, MD 21244-1850.
    Comments mailed to the addresses indicated as appropriate for hand 
or

[[Page 43091]]

courier delivery may be delayed and could be considered late.
    Because of staff and resource limitations, we cannot accept 
comments by facsimile (FAX) transmission. In commenting, please refer 
to file code CMS-2001-IFC.
    If you have comments on the information collection requirements, 
please mail copies directly to the following:

Centers for Medicare & Medicaid Services, Office of Information 
Services, DHES, SSG, Attn: Julie Brown, CMS-2001-IFC, Room N2-14-26, 
7500 Security Boulevard, Baltimore, MD 21244-1850;

and

Office of Information and Regulatory Affairs, Office of Management and 
Budget, Room 10235, New Executive Office Building, Washington, DC 
20503, Attn: Brenda Aguilar, Desk Officer.

FOR FURTHER INFORMATION CONTACT: Deirdre Duzor, (410) 786-4626.

    Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 
1302).

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

    Dated: August 1, 2001.
Thomas A. Scully,
Administrator, Centers for Medicare & Medicaid Services.

    Approved: August 10, 2001.
Tommy G. Thompson,
Secretary.
[FR Doc. 01-20714 Filed 8-16-01; 8:45 am]
BILLING CODE 4120-01-P