[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Page 50214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16711]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 405

[CMS-4064-IFC3]
RIN-0938-AM73


Medicare Program; Changes to the Medicare Claims Appeal 
Procedures: Correcting Amendment to a Correcting Amendment

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

ACTION: Correcting amendment.

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SUMMARY: This correcting amendment corrects a technical error in the 
correcting amendment that appeared in the Federal Register, entitled 
``Medicare Program; Changes to the Medicare Claims Appeal Procedures: 
Correcting Amendment to an Interim Final Rule.''

DATES: Effective Date: This correcting amendment is effective September 
26, 2005.

FOR FURTHER INFORMATION CONTACT: Arrah Tabe-Bedward, (410) 786-7129.

SUPPLEMENTARY INFORMATION:

I. Background

    We have identified a technical error that appeared in a correcting 
amendment entitled ``Medicare Program; Changes to the Medicare Claims 
Appeal Procedures: Correcting Amendment to an Interim Final Rule.'' (70 
FR 37700, June 30, 2005) In this correcting amendment, we are 
correcting that technical error.

II. Correction of Error

A. Technical Correction to the Regulations Text

    In Sec.  405.1020 of the regulation text, we incorrectly stated the 
section's title as ``Time frames for deciding an appeal for a hearing 
before an ALJ.'' It should have read, ``Time and place for a hearing 
before an ALJ.'' We correct this technical error in section B of this 
correcting amendment.

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 rule take effect. However, we can waive this procedure 
if we find good cause for doing so, and incorporate a statement of this 
finding and the reasons for it into the rule. A finding that a notice 
and comment period is impracticable, unnecessary, or contrary to the 
public interest constitutes good cause for waiving this procedure.
    We believe that it is unnecessary to seek public comment on the 
correction of this editorial error. Further, it is in the public's 
interest to correct this editorial error because it makes the section 
more understandable to parties pursuing Medicare appeals under these 
procedures. Therefore, we find good cause to waive notice and comment 
procedures.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)
(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare-Hospital Insurance; and Program No. 93.774, Medicare-
Supplementary Medical Insurance Program)

Correction of Regulation Text Error

0
Accordingly, 42 CFR chapter IV is corrected by making the following 
correction to part 405:

PART 405--[CORRECTED]

0
1. The authority citation for part 405 continues to read as follows:

    Authority: Secs. 205(a), 1102, 1861, 1862(a), 1869, 1871, 1874, 
1881, and 1886(k) of the Social Security Act (42 U.S.C. 405(a), 
1302, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr and 1395ww(k)) 
and Sec. 353 of the Public Health Service Act (42 U.S.C. 263a).

Sec.  405.1020  [Corrected]

0
2. Section 405.1020 is amended by revising the section title to read as 
follows:


Sec.  405.1020  Time and place for a hearing before an ALJ.

* * * * *

    Dated: August 16, 2005.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 05-16711 Filed 8-25-05; 8:45 am]
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