[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Rules and Regulations]
[Pages 12509-12510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04307]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 438

[CMS-2390-F4]
RIN-0938-AS25


Medicaid and Children's Health Insurance Program (CHIP) Programs; 
Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions 
Related to Third Party Liability; Corrections

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects technical errors that appeared in the 
correcting amendment published in the January 3, 2017 Federal Register 
(82 FR 37 through 40) entitled, ``Medicaid and Children's Health 
Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP 
Delivered in Managed Care, and Revisions Related to Third Party 
Liability; Corrections.''

DATES: Effective Date: This correcting document is effective March 3, 
2017.
    Applicability Date: The corrections indicated in this document are 
applicable beginning immediately.

FOR FURTHER INFORMATION CONTACT: Elmer Barksdale, 410-786-1943, Gaysha 
Brooks, 410-409-3837, or Annette Brewer, 410-786-6580.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2016-31650 (82 FR 37 through 40), the correcting 
amendment entitled, ``Medicaid and Children's Health Insurance Program 
(CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, 
and Revisions Related to Third Party Liability; Corrections'' there 
were technical errors that are identified and corrected in this 
correcting document. These corrections are applicable immediately.

II. Summary of Errors in Regulation Text

    On page 39, we made technical errors in the amendatory instructions 
amending the regulation text of Sec.  438.358(c)(3) and (4). Therefore, 
the Office of the Federal Register was not able to properly correct the 
regulations text as intended.

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 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 
requirement for 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 
notice.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects technical errors in the Medicaid and Children's Health 
Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP 
Delivered in Managed Care, and Revisions Related to Third Party 
Liability; Corrections correcting amendment. The corrections contained 
in this document are consistent with, and do not make substantive 
changes to, the policies and payment methodologies that were adopted 
subject to notice and comment procedures in the Medicaid and Children's 
Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP 
Delivered in Managed Care, and Revisions Related to Third Party 
Liability final rule. As a result, the corrections made through this 
correcting document are intended to ensure that the Medicaid and 
Children's Health Insurance Program (CHIP) Programs; Medicaid Managed 
Care, CHIP Delivered in Managed Care, and Revisions Related to Third 
Party Liability final rule accurately reflects the policies adopted in 
that 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 Medicaid and Children's Health Insurance Program (CHIP) Programs; 
Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions 
Related to Third Party Liability final rule or delaying the effective 
date of the corrections would be contrary to the public interest 
because it could result in a period of confusion about the 
applicability of the rules while those procedures are pending. Further, 
such procedures would be unnecessary, because the corrections in this 
document do not make substantive changes in the underlying policies but 
are limited to technical errors. This correcting document is intended 
solely to ensure that the Medicaid and Children's Health Insurance 
Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in 
Managed Care, and Revisions Related to Third Party Liability final rule 
accurately reflects the final policy determinations that were set forth 
in the overall rulemaking record. For these reasons, we believe there 
is good cause to waive the requirements for notice and comment and 
delay in effective date.

List of Subjects in 42 CFR Part 438

    Grant programs--health, Medicaid, Reporting and recordkeeping 
requirements.

Correction

    In FR Doc. 2016-31650, published on January 3, 2017 (82 FR 37), 
make the following correction:
    On page 39, in the third column, remove amendatory instructions 8 
and 9 and their amendments to Sec.  438.358.
    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 438:

[[Page 12510]]

PART 438--MANAGED CARE

0
1. The authority citation for part 438 continues to read as follows:

    Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 
1302).


Sec.  438.358   [Amended]

0
2. In Sec.  438.358--
0
a. Amend paragraph (c)(3) by removing the reference ``(b)(2) of this 
section.'' and adding in its place the reference ``paragraph (b)(1)(ii) 
of this section.''; and
0
b. Amend paragraph (c)(4) by removing the reference ``(b)(1) of this 
section.'' and adding in its place the reference ``paragraph (b)(1)(i) 
of this section.''.


    Dated: February 28, 2017.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2017-04307 Filed 3-3-17; 8:45 am]
BILLING CODE 4120-01-P