[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36431-36432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15099]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 153

[CMS-9954-F2]
RIN-0938-AR89


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2015; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: In the March 11, 2014 issue of the Federal Register (79 FR 
13744), we published a final rule entitled, ``Patient Protection and 
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 
2015.'' The effective date was May 12, 2014. This correcting amendment 
corrects a technical error identified in the March 11, 2014 final rule.

DATES: Effective Date: This correcting amendment is effective June 26, 
2014.

FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492-4305 or Adrianne 
Glasgow, (410) 786-0686.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2014-0505 (79 FR 13744), the final rule entitled 
``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2015; Final Rule'' (hereinafter referred to as 
the 2015 Payment Notice), there was a technical error that is 
identified and corrected in the regulations text of this correcting 
amendment. The provision of this correcting amendment is effective June 
26, 2014.

II. Summary of Errors in the Regulations Text

    On page 13834 in the definition of ``contributing entity at 45 CFR 
Sec.  153.20, we inadvertently used the word ``volume'' instead of 
``value.'' As detailed in the preamble of the 2015 Payment Notice (79 
FR 13744, 13775), for purposes of the definition of contributing 
entity, ``a de minimis amount means up to 5 percent, as measured by the 
amount of enrollment or claims processing transactions for non-pharmacy 
and non-excepted benefits which are outsourced, or by the value of the 
outsourced enrollment or claims processing transactions for non-
pharmacy and non-excepted benefits (measured by the cost of the 
outsourced services compared to the sum of those

[[Page 36432]]

costs plus the fully loaded costs--that is, including an appropriate 
share of indirect costs, such as fixed and overhead expenses--
reasonably allocated, borne by the self-insured plan for such 
services).'' Accordingly, we are revising the definition to include the 
correct word.

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) 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 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 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.
    This document merely corrects a technical error in the regulation 
text and does not change the policy set forth in the 2015 Payment 
Notice. Therefore, we believe that undertaking further notice and 
comment procedures to incorporate this correction and delay the 
effective date for this change is unnecessary. In addition, we believe 
it is important for the public to have the correct information as soon 
as possible, and believe it is contrary to the public interest to delay 
when they become effective. For the reasons stated previously, we find 
there is good cause to waive notice and comment procedures and the 30-
day delay in the effective date for this correcting amendment.

List of Subjects in 45 CFR Part 153

    Administrative practice and procedure, Adverse selection, Health 
care, Health insurance, Health records, Organization and functions 
(Government agencies), Premium stabilization, Reporting and 
recordkeeping requirements, Reinsurance, Risk adjustment, Risk 
corridors, Risk mitigation, State and local governments.

    Accordingly, 45 CFR is corrected by making the following correcting 
amendment to part 153:

PART 153--STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS, AND 
RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT

0
1. The authority citation for part 153 continues to read as follows:

    Authority: Secs. 1311, 1321, 1341-1343, Pub. L. 111-148, 24 
Stat. 119.


Sec.  153.20  [Corrected]

0
2. In Sec.  153.20, amend paragraph (2) of the definition of 
``contributing entity'' by removing the word ``volume'' and adding in 
its place ``value.''

    Dated: June 17, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-15099 Filed 6-26-14; 8:45 am]
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