[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Page 37821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16346]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General

42 CFR Part 1001

RIN 0991-AB16


Withdrawal of Proposed Rule ``Medicare and State Health Care 
Programs: Fraud and Abuse; Safe Harbor Under the Anti-Kickback Statute 
for Waiver of Beneficiary Coinsurance and Deductible Amounts''

AGENCY: Office of Inspector General (OIG), Department of Health and 
Human Services (HHS).

ACTION: Withdrawal of Proposed Rul

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SUMMARY:  This document informs the public that OIG has determined not 
to pursue a proposed rule published in the Federal Register and, as a 
result, is withdrawing it. OIG is taking this action to avoid any 
confusion that could be caused by having this proposal in the public 
domain.

DATES: The Proposed Rule described under Supplementary Information is 
withdrawn as of August 1, 2019.

ADDRESSES: Office of Counsel to the Inspector General, Cohen Building, 
330 Independence Ave. SW, Washington, DC 20201.

FOR FURTHER INFORMATION CONTACT: Aaron Zajic, Supervisory Project 
Manager, Office of Counsel to the Inspector General, Cohen Building, 
330 Independence Ave. SW, Washington, DC 20201, 202-619-0335.

SUPPLEMENTARY INFORMATION:

I. Background

A. OIG's Review of Proposed Rules

    Executive Order 13777, entitled ``Enforcing the Regulatory Reform 
Agenda'' (82 FR 12285), instructs agencies to review regulations which 
should be repealed, replaced, or modified. As a result of a review 
undertaken after the issuance of Executive Order 13777, OIG identified 
a Proposed Rule (described below), which we do not intend to finalize. 
Accordingly, OIG is withdrawing the Proposed Rule from the Federal 
Register.

B. OIG's Withdrawal of the Proposed Rule

    The Proposed Rule that OIG is withdrawing was published in 2002. 
OIG neither applied nor enforced the position stated therein, nor does 
it now intend to do so. If OIG were to finalize this proposal, we would 
require updated comments from the public, as reimbursement methods and 
other aspects of the healthcare industry have changed in the interim. 
As a result, OIG is withdrawing the following Proposed Rule to 
eliminate any confusion that could result from its presence in the 
public domain:
    The Proposed Rule, Medicare and State Health Care Programs: Fraud 
and Abuse; Safe Harbor Under the Anti-Kickback Statute for Waiver of 
Beneficiary Coinsurance and Deductible Amounts (67 FR 60202, September 
25, 2002), would have expanded an existing safe harbor at 42 CFR 
1001.952(k) to include waivers of cost sharing amounts for Part A and B 
services for holders of Medicare SELECT policies (a type of Medicare 
supplement (Medigap) plan).

II. Regulatory Impact

    We expect minimal regulatory impact and reaction because of the 
passage of time since the Proposed Rule was published and because, to 
our knowledge, the public is not currently relying on, and may be 
unaware of, it.

Joanne M. Chiedi,
Acting Inspector General.
    Dated: July 25, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019-16346 Filed 8-1-19; 8:45 am]
 BILLING CODE 4152-01-P