[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Rules and Regulations]
[Pages 74381-74382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29640]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 438, 441, and 447

[CMS-2370-CN]
RIN 0938-AQ63


Medicaid Program; Payments for Services Furnished by Certain 
Primary Care Physicians and Charges for Vaccine Administration Under 
the Vaccines for Children Program; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the November 6, 2012 Federal Register entitled 
``Medicaid Program; Payments for Services Furnished by Certain Primary 
Care Physicians and Charges for Vaccine Administration under the 
Vaccines for Children Program.''

DATES: Effective Date: The provisions of this final rule are effective 
on January 1, 2013.

FOR FURTHER INFORMATION CONTACT:  Mary Cieslicki, (410) 786-4576, or 
Linda Tavener, (410) 786-3838, for issues related to payments for 
primary care physicians.
    Mary Beth Hance, (410) 786-4299, for issues related to charges for 
the administration of pediatric vaccines.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2012-26507 of November 6, 2012 (77 FR 66670), there were 
a number of technical errors that are identified and corrected in the 
Correction of Errors section below. The provisions in this correction 
document are effective as if they had been included in the document 
published November 6, 2012. Accordingly, the corrections are effective 
January 1, 2013.

II. Summary of Errors

    In the November 6, 2012 final rule (77 FR 66670), we inadvertently 
published

[[Page 74382]]

technical errors in Sec.  447.400(a) and Sec.  447.405 listed on page 
66701. One correction ensures consistency between two sentences in the 
same paragraph and the other restores text inadvertently omitted from 
the final rule that had been included in the May 11, 2012 notice of 
proposed rulemaking (77 FR 27671) on pages 26789-90. Thus, we are 
correcting page 66701 to reflect the correct information.

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 in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued. The policies expressed in final rule (77 FR 66670) have 
been previously subjected to notice and comment procedures. This notice 
merely provides a technical correction to the final rule and does not 
make substantive changes to the policies or methodologies that were 
expressed in the final rule. One technical correction ensures 
consistency of two sentences of the same paragraph, and the other 
restores text that had been present in the notice of proposed 
rulemaking (77 FR 27671) but inadvertently omitted from the final rule 
text. Therefore, we find it unnecessary to undertake further notice and 
comment procedures with respect to this correction notice and find good 
cause to waive notice and comment procedures and the 30-day delay in 
the effective date for this correction notice.

IV. Correction of Errors

    In FR Doc. 2012-26507 of November 6, 2012 (77 FR 66670), make the 
following corrections:
    1. On page 66701, in the first column; in the last full sentence, 
in the first partial paragraph, the sentence reads, ``A physician self-
attests that he/she:''. Correct the sentence to read, ``Such physician 
then attests that he/she:''.
    2. On the same page, in the same column; in the last full 
paragraph, paragraph (a) reads, ``For CYs 2013 and 2014, a state must 
pay for physician services described in Sec.  447.400 based on:''. 
Correct the sentence to read, ``For CYs 2013 and 2014, a state must pay 
for physician services described in Sec.  447.400 based on the lower 
of:''.

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

    Dated: December 3, 2012.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2012-29640 Filed 12-13-12; 8:45 am]
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