[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38652-38653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16532]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 155

[CMS-9944-F2]
RIN 0938-AS19


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2016; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the February 27, 2015 Federal Register (80 FR 
10749) entitled ``Patient Protection and Affordable Care Act; HHS 
Notice of Benefit and Payment Parameters for 2016.''

DATES: Effective Date: This correction document is effective July 7, 
2015.
    Application Date: The correction is applicable as of April 28, 
2015.

FOR FURTHER INFORMATION CONTACT: 
Jeff Wu, (301) 492-4305.
Krutika Amin, (301) 492-5153.
Lindsey Murtagh, 301-492-4106.
Rachel Arguello, 301-492-4263.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-03751 (80 FR 10749 through 10877), the final rule 
entitled

[[Page 38653]]

``Patient Protection and Affordable Care Act; HHS Notice of Benefit and 
Payment Parameters for 2016,'' there was a technical error in the 
regulation text that is identified and corrected in this correcting 
amendment.

II. Summary of Errors in the Regulation Text

    On page 10867 of the HHS Notice of Benefit and Payment Parameters 
for 2016 final rule, there was a technical error in Sec.  
155.420(d)(2)(ii). In the preamble, we acknowledged that Exchanges may 
need more time to implement the necessary functional IT changes, and 
stated that we were making Sec.  155.420(d)(2)(ii) effective January 1, 
2017. However, in the regulatory text, we inadvertently omitted the 
phrase ``Effective January 1, 2017 or earlier . . .'' before the phrase 
``at the option of the Exchange''.

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, this 
notice and comment procedure can be waived 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. 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 corrects a technical error in the HHS Notice of 
Benefit and Payment Parameters for 2016 final rule and is not a 
substantive change to the standards set forth in the final rule. 
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 correction notice.

List of Subjects in 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.

    Accordingly, 45 CFR part 155 is corrected by making the following 
correcting amendment:

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

0
1. 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
2. Section 155.420 is amended by revising paragraph (d)(2)(ii) to read 
as follows:


Sec.  155.420  Special enrollment periods.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Effective January 1, 2017 or earlier at the option of the 
Exchange, the enrollee loses a dependent or is no longer considered a 
dependent through divorce or legal separation as defined by State law 
in the State in which the divorce or legal separation occurs, or if the 
enrollee, or his or her dependent, dies.
* * * * *

    Dated: June 29, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-16532 Filed 7-6-15; 8:45 am]
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