[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Page 19440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09347]



[[Page 19440]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 431

[CMS-6068-F2]
RIN 0938-AS74


Medicaid/CHIP Program; Medicaid Program and Children's Health 
Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality 
Control and Payment Error Rate Measurement Programs in Response to the 
Affordable Care Act; Correction

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

ACTION: Correcting amendment.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the Federal Register on July 5, 2017 entitled 
``Medicaid/CHIP Program; Medicaid Program and Children's Health 
Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality 
Control and Payment Error Rate Measurement Programs in Response to the 
Affordable Care Act'' (hereinafter referred to as the ``PERM final 
rule'').

DATES: This correction is effective May 3, 2018.

FOR FURTHER INFORMATION CONTACT: Bridgett Rider, (410) 786-2602.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2017-13710 (82 FR 31158), there was a technical error 
that is identified and corrected in this correcting document. The 
provision in this correction document is effective as if it had been 
included in the document published in the Federal Register on July 5, 
2017. Accordingly, the corrections are applicable beginning August 4, 
2017.

II. Summary of Error in Regulation Text

    In the regulation text, we inadvertently omitted the removal of 
Sec.  431.802, which we discussed on page 31161 of the final rule.

III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of 
the Act mandate 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 notice and comment and delay in 
effective date APA requirements; in cases in which these exceptions 
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process are 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and an agency includes a statement of support.
    We believe that this correcting document does not constitute a rule 
that would be subject to the notice and comment or delayed effective 
date requirements. The document corrects technical errors in the PERM 
final rule, but does not make substantive changes to the policies that 
were adopted in the final rule. As a result, this correcting document 
is intended to ensure that the information in the PERM final rule 
accurately reflects the policies adopted in that document.
    In addition, even if this were a rule to which the notice and 
comment procedures 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 final rule or delaying the effective date would 
be contrary to the public interest because it is in the public's 
interest for providers to receive appropriate information in as timely 
a manner as possible, and to ensure that the PERM final rule accurately 
reflects our policies. Furthermore, such procedures would be 
unnecessary, as we are not making substantive changes to our policies, 
but rather, we are simply implementing correctly the policies that we 
previously proposed, requested comment on, and subsequently finalized. 
This correcting document is intended solely to ensure that the PERM 
final rule accurately reflects these policies. Therefore, we believe we 
have good cause to waive the notice and comment and effective date 
requirements.

List of Subjects in 42 CFR Part 431

    Grant programs--health, Health facilities, Medicaid, Privacy, 
Reporting and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendment:

PART 431--STATE ORGANIZATION AND GENERAL ADMINISTRATION

0
1. The authority citation for part 431 continues to read as follows:

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


Sec.  431.802  [Removed]

0
2. Section 431.802 is removed.

    Dated: April 26, 2018.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2018-09347 Filed 5-2-18; 8:45 am]
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