[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42984-42986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17403]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Parts 144, 146, 147, 148, 153, 154, 155, 156, and 158

[CMS-9949-CN]
RIN 0938-AS02


Patient Protection and Affordable Care Act; Exchange and 
Insurance Market Standards for 2015 and Beyond; Correction

AGENCY: Department of Health and Human Services.

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule, published in the Federal Register on May 
27, 2014, entitled ``Patient Protection and Affordable Care Act; 
Exchange and Insurance Market Standards for 2015 and Beyond.''

DATES: These corrections are effective on July 28, 2014.

FOR FURTHER INFORMATION CONTACT: Jacob Ackerman, (301) 492-4179.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2014-11657 of May 27, 2014, (79 FR 30240) there were 
technical and typographical errors that are identified and corrected in 
the ``Correction of Errors'' section below. The provisions in this 
correcting document are effective as if they had

[[Page 42985]]

been included in the document published on May 27, 2014. Accordingly, 
the corrections are effective on July 28, 2014.

II. Summary of Errors

A. Error in the Preamble

    On page 30323, in the preamble discussion of changes to Sec.  
155.420, the text incorrectly states that the regulation ``Adds that 
consumers may report a move in advance of the date of the move.'' We 
are removing this statement because it is inconsistent with the 
regulations text at Sec.  155.420.

B. Errors in the Regulations Text

    On page 30340, at Sec.  147.106(f)(2), we inadvertently direct 
issuers in the small group market to provide written notice of renewal 
to each plan sponsor or individual, as applicable. We are correcting 
this typographical error by removing the words ``or individual, as 
applicable,'' to be consistent with preamble text (which explicitly 
states that the renewal notice, unlike the discontinuation notice, is 
not required to be provided to participants, beneficiaries, or 
enrollees) and to accurately communicate this standard.
    On page 30341, at Sec.  148.122(g)(3)(v), we state that ``The 
product provides the same covered benefits, except for any changes in 
benefits that cumulatively impact rate for any plan within the product 
within an allowable variation of +/- 2 percentage points (not including 
changes pursuant to applicable Federal or State requirements).'' We 
inadvertently omitted the article ``the'' before the word ``rate'' and 
are adding it to be grammatically correct.
    On page 30344, in the amendatory instructions for number 26 (making 
amendments to Sec.  155.210), we added paragraphs (e)(6) and (7); 
however, we inadvertently did not include instructions that would 
preserve the list structure of the paragraphs under Sec.  155.210(e). 
We are correcting this oversight. Specifically, we are removing the 
``and'' at the end of (e)(4) and changing the period at the end of 
(e)(5) to a semicolon.
    On page 30344, at Sec.  155.210(d)(6), and on page 30346, at Sec.  
155.225(g)(4), we state that gifts, gift cards, or cash ``may exceed 
nominal value for the purpose of providing reimbursement for legitimate 
expenses incurred by a consumer in effort to receive Exchange 
application assistance[.]'' We are correcting this typographical error 
to state ``in an effort'' to be grammatically correct.
    On page 30344, at Sec.  155.210(d)(8), we made a typographical 
error and excluded a semicolon from the sentence which ends with 
``including calling a consumer or.'' We are adding a semicolon between 
the words ``consumer'' and ``or'' to be grammatically correct and to 
clarify that the list in Sec.  155.210(d) does not end at paragraph 
(d)(8), but rather extends through paragraph (d)(9).
    On page 30344, at Sec.  155.210(e)(2), and on page 30345, at Sec.  
155.225(c)(1), we inadvertently left out a colon after the word 
``includes'' and are adding it to make clear that what follows is a 
list, consistent with the preamble discussion of the provisions at page 
30276.
    On page 30344, at Sec.  155.210(e)(6)(iii), we inadvertently ended 
this paragraph with a period. We are replacing the period with ``; 
and'' to be grammatically correct and to clarify that the list in Sec.  
155.210(e) does not end at paragraph (e)(6)(iii), but rather extends 
through paragraph (e)(7).
    On page 30345, at Sec.  155.225(d)(8)(iv), we incorrectly referred 
to the certified application counselor program as the ``certified 
application program''. We are correcting this inadvertent error.
    On page 30346, at Sec.  155.225(g)(4), we inadvertently ended this 
paragraph with a period. We are replacing the period with a semicolon 
to be grammatically correct and to clarify that the list in Sec.  
155.225(g) does not end at paragraph (g)(4), but rather extends through 
paragraph (g)(6).
    On page 30348, at Sec.  155.420(b)(2)(iv), we establish coverage 
effective dates for plan selections made during a special enrollment 
period. The regulations text states that the coverage effective date 
will either be ``in accordance with paragraph (b)(1) of the section or 
on the first day of the month following plan selection in accordance 
with paragraph (b)(2) of the section, at the option of the Exchange.'' 
Since the provision is codified in paragraph (b)(2), the phrase ``in 
accordance with paragraph (b)(2) of this section'' is not necessary and 
is removed. Additionally, the amendatory instruction incorrectly refers 
to revising paragraphs ``(b)(2)(i) through (b)(2)(iii),'' which does 
not account for the addition of paragraph (b)(2)(iv). Therefore, we are 
also correcting the amendatory instructions to specify that we are 
revising ``paragraph (b)(2)'' not ``(b)(2)(i) through (iii).''
    On page 30350, at Sec.  155.725(c), we describe the annual employer 
election periods in SHOP. We are correcting the incorrect placement of 
a comma in Sec.  155.725(c)(1) to read, ``Notwithstanding any other 
paragraph in this section, for coverage beginning in 2015 in a 
Federally-facilitated SHOP, a qualified employer's annual election 
period may begin no sooner than November 15, 2014.'' This was a 
typographical error.

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)), and 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. These requirements may be waived 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 correcting document merely corrects technical and 
typographical errors in the ``Exchange and Insurance Market Standards 
for 2015 and Beyond'' final rule that was published on May 27, 2014 and 
becomes effective on July 28, 2014, except for amendments to 45 CFR 
155.705, which became effective on May 27, 2014. The changes are not 
substantive. Therefore, we believe that undertaking further notice and 
comment procedures to incorporate these corrections and delaying the 
effective date of 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 
the dissemination of it. For the reasons stated above, we find there is 
good cause to waive notice and comment procedures and the 30-day delay 
in the effective date for this correcting document.

IV. Correction of Errors

    In FR Doc. 2014-11657 of May 27, 2014, (79 FR 30240), make the 
following corrections:

A. Correction of Errors in Preamble

    1. On page 30323, third column, in the section titled ``Changes to 
Sec.  155.420,'' in the third bullet, remove the phrase ``Adds that 
consumers may report a move in advance of the date of the move.''

B. Correction of Errors in the Regulations Text


Sec.  147.106  [Corrected]

0
1. On page 30340, first column, in Sec.  147.106(f)(2), in lines 7 and 
8, remove the words ``or individual, as applicable,''.

[[Page 42986]]

Sec.  148.122  [Corrected]

0
2. On page 30341, first column, in Sec.  148.122(g)(3)(v), in line 3, 
add the word ``the'' before the word ``rate''.


Sec.  155.210  [Corrected]

0
3. On page 30344,
0
a. In the first column, in the amendatory instruction 26,
0
1. After instruction 26.e., a new instruction ``f'' is added to read as 
follows: ``In paragraph (e)(4) by removing the word ``and'' after the 
semicolon.''
0
2. A new instruction ``g'' is added to read as follows: ``In paragraph 
(e)(5) by removing the period at the end of the paragraph and adding a 
semicolon in its place.''
0
b. In the second column,
0
1. In Sec.  155.210(d)(6), in line 11, the word ``an'' is added between 
the words ``in'' and ``effort''.
0
2. In Sec.  155.210(d)(8), in the last line, a semicolon is added 
between the words ``consumer'' and ``or''.
0
3. In Sec.  155.210(e)(2), in line 3, a colon is added between the 
words ``includes'' and ``providing''.
0
c. In the third column, in Sec.  155.210(e)(6)(iii), in line 4, the 
period at the end of the sentence is removed and ``; and'' is added in 
its place.


Sec.  155.225  [Corrected]

0
4. On page 30345,
0
a. In the second column, in Sec.  155.225(c)(1), in line 5, a colon is 
added between the words ``includes'' and ``providing''.
0
b. In the third column, in Sec.  155.225(d)(8)(iv), in the last line, 
the word ``counselor'' is added between the words ``application'' and 
``program''.

0
5. On page 30346, in the first column, in Sec.  155.225(g)(4), in line 
11, the word ``an'' is added between the words ``in'' and ``effort'' 
and in the last line, the period is removed and a semicolon is added in 
its place.


Sec.  155.420  [Corrected]

0
6. On page 30348, in the second column, in Sec.  155.420(b)(2)(iv), in 
lines 14 and 15, the words ``in accordance with paragraph (b)(2) of 
this section'' are removed.


Sec.  155.725  [Corrected]

0
7. On page 30350, in the first column, in Sec.  155.725(c)(1), in lines 
3 and 4, remove the comma after the number ``2015'' and add a comma 
between the words ``Federally-facilitated SHOP'' and ``a qualified''.

    Dated: July 17, 2014.
C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-17403 Filed 7-23-14; 8:45 am]
BILLING CODE 4120-01-P