[Federal Register Volume 69, Number 166 (Friday, August 27, 2004)]
[Notices]
[Pages 52721-52722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18643]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-5025-CN]
RIN 0938-ZA51


Medicare Program; Medicare Replacement Drug Demonstration; 
Correction

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

ACTION: Notice; correction.

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SUMMARY: This document corrects technical and typographical errors that 
appeared in the notice published in the Federal Register on June 29, 
2004 entitled ``Medicare Replacement Drug Demonstration (69 FR 
38898).'' That notice announced the implementation of a demonstration 
that would pay through December 31, 2005 under Medicare Part B for 
drugs and biologicals that are prescribed as replacements for existing 
covered Medicare drugs and biologicals described in section 
1861(s)(2)(A) or 1861(s)(2)(Q), or both, of title XVIII of the Social 
Security Act.

DATES: Effective June 29, 2004.

FOR FURTHER INFORMATION CONTACT: Jody Blatt, (410) 786-6921.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 04-14673 of June 29, 2004 (69 FR 38898), there were a 
number of technical and typographical errors that are identified and 
corrected in the Correction of Errors section below. The provisions in 
this correction notice are effective as if they were included in the 
document published June 29, 2004. Accordingly, the corrections are 
effective June 29, 2004.

II. Correction of Errors

    In FR Doc. 04-14673 of June 29, 2004 (69 FR 38898), make the 
following corrections:
    1. On page 38899, in the table, in the first column, the term 
entitled ``Chronic Myelogenous Lymphoma'' is corrected to read 
``Chronic Myelogenous Leukemia.''
    2. On page 38899, in the table, in the first column, the term 
entitled ``Anaplastic astrocytoma'' is removed. Temodar, which treats 
anaplastic astrocytoma, is already covered under Medicare Part B and 
will not be covered under this demonstration.
    3. On page 38899, in the table, in the second column, the drug 
entitled ``Pegalated interferon alfa-2a (PEG-Intron)'' is corrected to 
read ``Pegylated interferon alfa-2b (PEG-Intron).''
    4. On page 38899, in the table, in the second column the drug 
entitled ``Temozolomide (Temodar)'' is removed. Temodar is already 
covered under Medicare Part B and will not be covered under this 
demonstration.
    5. On page 38900, in the first column, in the fourth paragraph, in 
the seventh and eighth lines, the words ``Advance PCS, a Caremark 
Company (Caremark),'' are corrected to read ``Caremark.'' The correct 
reference to this company is Caremark, not Advance PCS, a Caremark 
Company.
    6. On page 38902, in the third column, in the first through eighth 
lines, remove the sentence ``The rules for low-income assistance, 
including coverage levels and determination of eligibility, have been 
established to be consistent with what will be in effect in 2006 when 
the Medicare Part D drug benefit is implemented.'' Rules established 
for this demonstration apply only to this demonstration and do not 
necessarily reflect how the Medicare Part D benefit will be 
implemented.
    7. On page 38903, in Table 1A, the following sentence is added to 
the footnote, ``Under the different low income benefit levels, 
subsidies by Medicare as well as out-of-pocket payments by the 
beneficiary count towards the out-of-pocket catastrophic limit.''
    8. On page 38904, in Table 1B, in the second column, under the 
heading entitled ``Benefit Level 1 (Standard),'' in the third row, the 
amount ``$1,350'' is corrected to read ``$2,850.''
    9. On page 38904, in Table 1B, the following sentence is added to 
the footnote, ``Under the different low income benefit levels, 
subsidies by Medicare as well as out-of-pocket payments by the 
beneficiary count towards the out-of-pocket catastrophic limit.''

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a notice take effect. We can waive this procedure, 
however, if we find good cause that notice and comment procedure is 
impracticable, unnecessary, or contrary to the public interest and 
incorporate a statement of the finding and the reasons for it into the 
notice issued.
    We find it unnecessary to undertake notice and comment rulemaking 
because this notice merely provides technical corrections to the 
notice.

[[Page 52722]]

Therefore, we find good cause to waive notice and comment procedures.

(Catalog of Federal Domestic Assistance Program No. 93.774, 
Medicare--Supplementary Medical Insurance Program)

    Dated: August 4, 2004.
Jacquelyn Y. White,
Director, Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 04-18643 Filed 8-26-04; 8:45 am]
BILLING CODE 4120-01-P