[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Page 6275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02094]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 430, 431, 433, 435, 440, 447, and 457

Office of the Secretary

45 CFR Part 155

[CMS-2334-CN]
RIN 0938-AR04


Medicaid, Children's Health Insurance Programs, and Exchanges: 
Essential Health Benefits in Alternative Benefit Plans, Eligibility 
Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange 
Eligibility Appeals and Other Provisions Related to Eligibility and 
Enrollment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and 
Cost Sharing; Correction

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

ACTION: Proposed rule; correction.

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SUMMARY: This document makes a technical correction to the proposed 
rule published in the January 22, 2013 Federal Register entitled 
``Medicaid, Children's Health Insurance Programs, and Exchanges: 
Essential Health Benefits in Alternative Benefit Plans, Eligibility 
Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange 
Eligibility Appeals and Other Provisions Related to Eligibility and 
Enrollment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and 
Cost Sharing.'' The proposed rule provided for the close of the comment 
period to be February 13, 2013, whereas the close of the comment period 
was intended to be February 21, 2013. This document makes this 
technical correction.

DATES: The comment close date for the proposed rule under the same 
heading published in the January 22, 2013 Federal Register is correctly 
extended to February 21, 2013.

FOR FURTHER INFORMATION CONTACT: Annette Brewer, (410) 786-6580.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2013-00659 of January 22, 2013 (78 FR 4594), there was a 
technical error that is identified and corrected in the Correction of 
Errors section below. The provision in this correction document is 
effective as if it had been included in the document published on 
January 22, 2013.

II. Summary of Errors

    In the DATES section of the proposed rule, we established a closing 
date of the 30-day comment period as February 13, 2013. In this notice 
we are making a technical correction to the comment period, which now 
closes on February 21, 2013.

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. This 
correction notice has the effect of extending the period for public 
comment that was initially established in the proposed rule published 
in the Federal Register on January 22, 2013 (78 FR 4594). This 
correction notice makes no changes to any of the substantive matters 
discussed in the proposed rule. Rather, this correction notice makes a 
technical correction to the date on which the period for public comment 
on the previously published proposed rule ends. This technical 
correction will not disadvantage any member of the public, and it is in 
the public interest to permit the full intended time period for 
comment. Therefore, we find it unnecessary to issue a notice of 
proposed rulemaking for this correction notice.

IV. Correction of Errors

    In FR Doc. 2013-00659 of January 22, 2013 (78 FR 4594), make the 
following corrections:
    In the DATES section, the date ``February 13, 2013'' is corrected 
to read ``February 21, 2013''.

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

    Dated: January 25, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department.
[FR Doc. 2013-02094 Filed 1-28-13; 4:15 pm]
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