[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59137-59138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23381]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Parts 147 and 155

[CMS-9949-F2]
RIN 0938-AS02


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

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

ACTION: Final rule; correcting amendment.

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SUMMARY: In the May 27, 2014 issue of the Federal Register (79 FR 
30240), we published a final rule which addressed various requirements 
applicable to health insurance issuers, Affordable Insurance Exchanges 
(``Exchanges''), Navigators, non-Navigator assistance personnel, and 
other entities under the Patient Protection and Affordable Care Act and 
the Health Care and Education Reconciliation Act of 2010 (collectively 
referred to as the Affordable Care Act). The effective date of the rule 
was July 28, 2014, except for amendments to 45 CFR 155.705, which were 
effective May 27, 2014. This correcting amendment corrects a limited 
number of technical and typographical errors identified in the 
``Patient Protection and Affordable Care Act; Exchange and Insurance 
Market Standards for 2015 and Beyond'' final rule.

DATES: Effective Date: This correcting amendment is effective on 
October 1, 2014.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Patient Protection and Affordable Care Act; Exchange and 
Insurance Market Standards for 2015 and Beyond final rule (the ``Final 
Rule''), which appeared in the May 27, 2014 Federal Register (79 FR 
30240), contained a number of technical and typographical errors. 
Therefore, on July 24, 2014, we published a correction notice in the 
Federal Register (79 FR 42984), to correct some of those errors. The 
provisions of the correction notice were effective as if they had been 
included in the May 27, 2014 final rule. Accordingly, those corrections 
were effective July 28, 2014.
    We have identified additional technical and typographical errors 
that appeared in the May 27, 2014 Federal Register. Therefore, we are 
publishing an additional correcting document to correct these errors. 
The provisions of this correcting document are effective October 1, 
2014.

II. Summary of Errors in the Regulations Text

    On page 30339, we amended the structure of Sec.  147.104(b)(1)(i), 
removed duplicate regulatory text regarding the Small Business Health 
Options Program (SHOP), and made other minor revisions. However, when 
amending paragraph (b)(1)(i)(B) to remove duplicate regulatory text, we 
inadvertently cross referenced the incorrect regulatory section. The 
regulation should have referenced the SHOP group participation rules at 
Sec.  156.285(e), not Sec.  156.1250(c). We are correcting this error 
in this correcting document.
    On page 30348, at Sec.  155.420, we added a new paragraph 
(b)(2)(iv) to establish coverage effective dates for plan selections 
made during a special enrollment period, clarifying a consumer's 
ability to select a plan 60 days before and after a loss of coverage. 
However, we inadvertently omitted the amendatory instruction in the 
regulations text for adding this paragraph. As a result, this paragraph 
was published in the May 27, 2014 Federal Register but was not codified 
in the Code of Federal Regulations. We also published a subsequent 
correction notice amending language to this paragraph on July 24, 2014 
(79 FR 42984). However, because the original text had not been 
codified, the change to this paragraph could not be codified. We are 
correcting this oversight. Specifically, we are adding a new 
(b)(2)(iv), which reflects the original language we intended to codify 
in the Federal Register as would have been modified by the July 24, 
2014 correction notice.
    On page 30350, at Sec.  155.705(b)(3), we describe options with 
respect to employee choice requirements in the Small Business Health 
Options Program (SHOP). We are removing the comma after the word 
``may'' in Sec.  155.705(b)(3)(vi) to read, ``For plan years beginning 
in 2015 only, the SHOP may elect. . . .'' This was a typographical 
error that should be made for grammatical correctness.

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)), and section

[[Page 59138]]

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 
which became 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 amendment.

List of Subjects

45 CFR Part 147

    Health care, Health insurance, Reporting and recordkeeping 
requirements, State regulation of health insurance.

45 CFR Part 155

    Administrative practice and procedure, Health care access, Health 
insurance, Reporting and recordkeeping requirements, State and local 
governments, Cost-sharing reductions, Advance payments of premium tax 
credit, Administration and calculation of advance payments of the 
premium tax credit, Plan variations, Actuarial value.

IV. Corrections of Errors in the Regulations Text

    For the reasons set forth in the preamble, the Department of Health 
and Human Services amends 45 CFR parts 147 and 155 as set forth below:

PART 147--HEALTH INSURANCE REFORM REQUIREMENTS FOR THE GROUP AND 
INDIVIDUAL HEALTH INSURANCE MARKETS

0
1. The authority citation for part 147 continues to read as follows:

    Authority: Secs 2701 through 2763, 2791, and 2792 of the Public 
Health Service Act (42 USC 300gg through 300gg-63, 300gg-91, and 
300gg-92), as amended.


Sec.  147.104  [Amended]

0
2. In Sec.  147.104(b)(1)(i)(B), the cross reference ``Sec.  
156.1250(c)'' is removed and ``Sec.  156.285(e)'' is added in its 
place.

PART 155--EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED 
STANDARDS UNDER THE AFFORDABLE CARE ACT

0
3. The authority citation for part 155 continues to read as follows:

    Authority: Title I of the Affordable Care Act, sections 1301, 
1302, 1303, 1304, 1311, 1312, 1313, 1321, 1322, 1331, 1332, 1334, 
1402, 1411, 1412, 1413, Pub. L. 111-148, 124 Stat. 119 (42 U.S.C. 
18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 
18081-18083).


0
4. Section 155.420 is amended by adding paragraph (b)(2)(iv) to read as 
follows:


Sec.  155.420  Special enrollment periods.

* * * * *
    (b) * * *
    (2) * * *
    (iv) In a case where a consumer loses coverage as described in 
paragraph (d)(1) or (d)(6)(iii) of this section, if the plan selection 
is made before or on the day of the loss of coverage, the Exchange must 
ensure that the coverage effective date is on the first day of the 
month following the loss of coverage. If the plan selection is made 
after the loss of coverage, the Exchange must ensure that coverage is 
effective in accordance with paragraph (b)(1) of this section or on the 
first day of the month following plan selection, at the option of the 
Exchange;
* * * * *


Sec.  155.705  [Amended]

0
5. Section 155.705 is amended by removing the comma after the word 
``may'' in paragraph (b)(3)(vi).

C'Reda Weeden,
Executive Secretary to the Department, Department of Health and Human 
Services.
FR Doc. 2014-23381 Filed 9-30-14; 8:45 am]
BILLING CODE 4120-01-P