[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79619-79620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31319]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 155

[CMS-9957-CN; 9964-CN]
RIN 0938-AR82; RIN 0938-AR74


Patient Protection and Affordable Care Act; Program Integrity: 
Exchange, Premium Stabilization Programs, and Market Standards; 
Amendments to the HHS Notice of Benefit and Payment Parameters for 2014 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects an error that appeared in the final 
rule published in the Federal Register on October 30, 2013 entitled, 
``Patient Protection and Affordable Care Act; Program Integrity: 
Exchange, Premium Stabilization Programs, and Market Standards; 
Amendments to the HHS Notice of Benefit and Payment Parameters for 
2014.''

DATES: Effective Date: December 30, 2013.

FOR FURTHER INFORMATION CONTACT: Scott Dafflitto (301) 492-4198.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2013-25326 of October 30, 2013 (78 FR 65046), final rule 
entitled ``Patient Protection and Affordable Care Act; Program 
Integrity: Exchange, Premium Stabilization Programs, and Market 
Standards; Amendments to the HHS Notice of Benefit and Payment 
Parameters for 2014 (78 FR 65046), there was a technical nonconformity 
that is identified and corrected in the regulations text of this 
correction notice. This correction is effective December 30, 2013, just 
as if it had been included in the document published on October 30, 
2013.
    The October 30, 2013 final rule implements provisions of the 
Patient Protection and Affordable Care Act (Pub. L. 111-148) and the 
Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) 
(collectively referred to as the Affordable Care Act). In relevant 
part, the October 30, 2013 final rule establishes standards, at 45 CFR 
part 155, subpart M, that require State Exchanges to submit certain 
reports to the Department of Health and Human Services (HHS) and to 
undertake certain recordkeeping and self-auditing activities to ensure 
compliance with Federal requirements, such as those governing 
eligibility determinations for advance payments of the premium tax

[[Page 79620]]

credit and cost-sharing reductions. The standards established at 
subpart M enable HHS to carry out its responsibility of ensuring that 
Federal funds are used appropriately in the administration of State 
Exchange activities.

II. Summary of Error

    On page 65095, in the Federal Register of October 30, 2013, we 
added subpart M ``Oversight and Program Integrity Standards for State 
Exchanges'' to the regulations text at 45 CFR part 155. While it was 
clear from the preamble and regulations text that subpart M applies to 
all Exchanges, including small business health options program (SHOP) 
Exchanges, due to an oversight we inadvertently omitted cross-
referencing new subpart M at Sec.  155.705(a) of the regulations in 
part 155, subpart H--Exchange Functions: Small Business Health Options 
Program. Accordingly, we are revising Sec.  155.705(a) so that the 
regulations in part 155 consistently reflect our policy that all 
Exchanges, including SHOP Exchanges, must carry out the required 
functions of an Exchange that are set forth at subpart M. We are 
correcting Sec.  155.705(a) by adding a cross reference to subpart M, 
so that the provision reads, ``Exchange functions that apply to SHOP''. 
The SHOP must carry out all the required functions of an Exchange 
described in this subpart and in subparts C, E, K, and M of this part, 
except: . . . .''

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    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) and 
(c) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b) & (c)). 
However, we can waive notice and comment if the Secretary finds, for 
good cause, that notice and comment would be impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefor in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in the 
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 the Secretary finds for good cause that the delay 
is impracticable, unnecessary, or contrary to the public interest, and 
incorporates a statement of the findings and the reasons therefor in 
the rule issued.
    It was clear from both the preamble and the regulations text for 45 
CFR part 155, subpart M, that subpart M applies to all Exchanges, 
including SHOP Exchanges. Both the preamble and the regulations text 
for part 155, subpart M use the term ``Exchange'' when describing the 
new requirements. The term ``Exchange'' is defined at Sec.  155.20 as 
including SHOP Exchanges. In relevant part, the definition of 
``Exchange'' in Sec.  155.20 states: ``Unless otherwise identified, 
this term includes an Exchange serving the individual market for 
qualified individuals and a SHOP serving the small group market for 
qualified employers . . . .'' This conforming amendment merely corrects 
a technical nonconformity in the regulations text so that the 
regulations consistently reflect the policy adopted in the October 30, 
2013 final rule. Therefore, we find that undertaking further notice and 
comment before this correction is incorporated into the final rule is 
unnecessary.
    For the same reasons, we also find good cause to waive the 30-day 
delay in effective date.

IV. Correction of Errors

    On page 65095, in the third column, after the regulations text for 
Sec.  155.420--Special enrollment periods, insert the following 
amendment to Sec.  155.705--Functions of a SHOP to read as follows:


Sec.  155.705  [Corrected]

    26a. Section 155.705 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  155.705  Functions of a SHOP.

    (a) Exchange functions that apply to SHOP. The SHOP must carry out 
all the required functions of an Exchange described in this subpart and 
in subparts C, E, K, and M of this part, except:
* * * * *

    Dated: December 23, 2013.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2013-31319 Filed 12-30-13; 8:45 am]
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