[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Rules and Regulations]
[Pages 37661-37662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15560]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 153

[CMS-9957-F3; CMS-9964-F4]
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; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: In the October 30, 2013 issue of the Federal Register (78 FR 
65046), we published a final rule entitled, ``Program Integrity: 
Exchange, Premium Stabilization Programs, and Market Standards; 
Amendments to the HHS Notice of Benefit and Payment Parameters for 
2014.'' The effective date was December 30, 2013. This correcting 
amendment corrects technical and typographical errors identified in the 
October 30, 2013 final rule.

DATES: This correcting amendment is effective July 2, 2014.

FOR FURTHER INFORMATION CONTACT: Jaya Ghildiyal, (301) 492-5149.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc 2013-25326 (78 FR 65046) the final rule entitled, 
``Program Integrity: Exchange, Premium Stabilization Programs, and 
Market Standards; Amendments to the HHS Notice of Benefit and Payment 
Parameters for 2014,'' there were technical errors that are identified 
and corrected in the regulations text of this correcting amendment. The 
provisions of this correcting amendment are effective July 2, 2014.

II. Summary of Errors in the Regulations Text

    On page 65094 of the October 30, 2013 Federal Register final rule, 
in the amendatory instructions for 45 CFR 153.530, we stated that we 
were amending paragraphs (b) and (c). However, we revised Sec.  
153.530(b) incorrectly. The language in paragraphs (b)(1)(i) and 
(b)(1)(ii) was inserted inadvertently, and duplicates the language that 
is correctly included in paragraphs (b)(2)(i) and (ii). Therefore, we 
are deleting Sec.  153.530 (b)(1)(i) and (b)(1)(ii). We note that we 
are not making any other changes to Sec.  153.530.

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 
effective date of final rules after the date of their publication in 
the Federal Register.

[[Page 37662]]

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 technical errors related to one 
provision in the Program Integrity: Exchange, Premium Stabilization 
Programs, and Market Standards; Amendments to the HHS Notice of Benefit 
and Payment Parameters for 2014 final rule that was published on 
October 30, 2013 and became effective on December 30, 2013. The changes 
are not substantive changes to the standards set forth in the final 
rule. Therefore, we believe that undertaking further notice and comment 
procedures to incorporate these corrections and delay the effective 
date for these changes 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 correction notice.

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, the Department of Health and Human Services is making 
the following correcting amendment to 45 CFR 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.  153.530  [Corrected]

0
2. In Sec.  153.530, remove paragraphs (b)(1)(i) and (b)(1)(ii).

    Dated: June 25, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-15560 Filed 7-1-14; 8:45 am]
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