[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Proposed Rules]
[Pages 52783-52784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19012]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 410, 411, 414, 417, 422, 423, 424, 425, and 460

[CMS-1654-CN]
RIN 0938-AS81


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Pricing Data Release; Medicare Advantage and Part D 
Medical Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program Model; 
Correction

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

ACTION: Proposed rule; correction.

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SUMMARY: This document corrects a technical error in the proposed rule 
that appeared in the July 15, 2016 Federal Register (81 FR 46162-46476) 
entitled, ``Medicare Program; Revisions to Payment Policies under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Pricing Data Release; Medicare Advantage and Part D 
Medical Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program 
Model.''

DATES: The proposed rule published July 15, 2016 (81 FR 46162-46476) is 
corrected as of August 9, 2016.

FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha 
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2016-16097 (81 FR 46162), the proposed rule entitled, 
``Medicare Program; Revisions to Payment Policies under the Physician 
Fee Schedule and Other Revisions to Part B for CY 2017; Medicare 
Advantage Pricing Data Release; Medicare Advantage and Part D Medical 
Low Ratio Data Release; Medicare Advantage Provider Network 
Requirements; Expansion of Medicare Diabetes Prevention Program Model'' 
(referred to hereafter as the ``CY 2017 PFS proposed rule,'') there was 
a technical error that is identified and corrected in this correcting 
document. The correction is applicable as of August 9, 2016.

[[Page 52784]]

II. Summary of Errors in the Preamble

    On page 46457 of the CY 2017 PFS proposed rule, we inadvertently 
stated that comments related to information collection requirements 
were due September 13, 2016. However, on page 46162, in the DATES 
section of the rule, we state that comments are due ``no later than 5 
p.m. on September 6, 2016.'' Accordingly, we are correcting the date on 
page 46457 to align with the DATES section of the rule on page 46162.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register and provide a period for public comment before the 
provisions of a rule take effect. In addition, section 553(d) of the 
APA mandates a 30-day delay in effective date after issuance or 
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA 
provide for exceptions from the APA notice and comment, and delay in 
effective date requirements. Section 553(b)(B) of the APA authorizes an 
agency to dispense with normal notice and comment rulemaking procedures 
for good cause if the agency makes a finding that the notice and 
comment process is impracticable, unnecessary, or contrary to the 
public interest; and includes a statement of the finding and the 
reasons for it in the rule. In addition, section 553(d)(3) of the APA 
allows the agency to avoid the 30-day delay in effective date where 
such delay is contrary to the public interest and the agency includes 
in the rule a statement of the finding and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects a technical error in the CY 2017 PFS proposed rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed subject to notice and comment procedures in the CY 
2017 PFS proposed rule. As a result, the correction made through this 
correcting document is intended to resolve an inadvertent error so that 
the rule accurately reflects the correct date for comments to be 
submitted in order to assure their consideration in the final rule.
    Even if this were a rulemaking to which the notice and comment and 
delayed effective date requirements applied, we find that there is good 
cause to waive such requirements. Undertaking further notice and 
comment procedures to incorporate the corrections in this document into 
the CY 2017 PFS proposed rule or delaying the effective date of the 
corrections would be contrary to the public interest because it is in 
the public interest to ensure that the rule accurately reflects the 
public comment period. Further, such procedures would be unnecessary, 
because we are not making any substantive revision to the proposed 
rule, but rather, we are simply correcting the Federal Register 
document to reflect the correct date by which public comments must be 
received in order to assure their consideration for the final rule. For 
these reasons, we believe there is good cause to waive the requirements 
for notice and comment and delay in effective date.

IV. Correction of Errors

    In FR Doc. 2016-16097 (81 FR 46162), published July 15, 2016, on 
page 46457, in the first column, in the third paragraph, line 2, the 
phrase ``September 13, 2016'' is corrected to read ``September 6, 
2016''.

    Dated: August 3, 2016.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2016-19012 Filed 8-9-16; 8:45 am]
 BILLING CODE 4120-01-P