[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29526-29528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11446]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 417, 422, 423, 455 and 460

[CMS-4190-F3]
RIN 0938-AT97


Medicare and Medicaid Programs; Contract Year 2022 Policy and 
Technical Changes to the Medicare Advantage Program, Medicare 
Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan 
Program, and Programs of All Inclusive Care for the Elderly; 
Corrections

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correction and correcting amendment.

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SUMMARY: This document corrects technical and typographical errors in 
the final rule that appeared in the January 19, 2021 Federal Register 
titled ``Medicare and Medicaid Programs; Contract Year 2022 Policy and 
Technical Changes to the Medicare

[[Page 29527]]

Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid 
Program, Medicare Cost Plan Program, and Programs of All Inclusive Care 
for the Elderly.'' The effective date of the final rule was March 22, 
2021.

DATES: This document is effective June 2, 2021.

FOR FURTHER INFORMATION CONTACT: Cali Diehl, (410) 786-4053 or 
Christopher McClintick, (410) 786-4682--General Questions.
    Kimberlee Levin, (410) 786-2549--Part C Issues.
    Lucia Patrone, (410) 786-8621--Part D Issues.
    Kristy Nishimoto, (206) 615-2367--Beneficiary Enrollment and 
Appeals Issues.
    Danielle Blaser, (410) 786-3487--Program Integrity Issues.
    Tobey Oliver, (202) 260-1113--D-SNP Appeals and Grievances.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2021-00538 of January 19, 2021 (86 FR 5864), the final 
rule titled ``Medicare and Medicaid Programs; Contract Year 2022 Policy 
and Technical Changes to the Medicare Advantage Program, Medicare 
Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan 
Program, and Programs of All Inclusive Care for the Elderly'', there 
were technical errors that are identified and corrected in this 
correcting amendment.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On pages 5870, 5895, 5950, 5975, 5983, 5985, 5987, 6007, 6016, and 
6088, we made inadvertent grammatical and typographical errors.
    On page 5938, in our discussion of tiering exceptions requests and 
the complaint tracking module, we inadvertently included an incorrect 
link.
    On pages 5962 and 6058, we made typographical errors in several 
regulatory citations.
    On pages 5977 and 5990, made typographical errors in cross-
references to other sections of the final rule.
    On page 6062, in our discussion of the information collection 
requirements (ICRs) regarding beneficiaries' education on opioid risks 
and alternative treatments (Sec.  423.128), we mistakenly referred to 
``Part D sponsors'' rather than ``Part D parent organizations.''

B. Summary of Errors in the Regulations Text

    On page 6094, in the amendatory instructions for Sec.  422.101, we 
inadvertently omitted changes that would move existing paragraph 
(f)(2)(vi) to paragraph (f)(3)(i) This error caused a duplication of 
those paragraphs. Therefore, we are removing paragraph (f)(2)(vi) to 
correct this error.
    On page 6103, we inadvertently changed the format in the regulation 
text for Sec.  422.760(b)(3)(ii)(C) that was inconsistent with the 
language in Sec.  423.760(b)(3)(ii)(C). In addition, we made a 
typographical error in Sec.  422.760(b)(3)(ii)(A).
    On page 6120, in the regulation text for Sec.  423.568(j)(2) and 
(3) and (k), we inadvertently use language applicable to MA plans 
instead of Part D plan sponsors.
    On page 6128, in the regulations text for Sec.  423.2267, we 
inadvertently misnumbered a paragraph.

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. 
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of 
the proposed rule in the Federal Register that includes a reference to 
the legal authority under which the rule is proposed, and the terms and 
substance of the proposed rule or a description of the subjects and 
issues involved. Further, 5 U.S.C. 553 requires the agency to give 
interested parties the opportunity to participate in the rulemaking 
through public comment before the provisions of the 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 for 
rulemaking to carry out the administration of the Medicare program 
under title XVIII of the Act. In addition, section 553(d) of the APA, 
and section 1871(e)(1)(B)(i) of the Social Security Act (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, also provide exceptions 
from the notice and 60-day comment period and delay in effective date 
requirements of the Act. 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 of the APA or section 1871 of the Act. This 
correcting document corrects technical errors in the preamble and 
regulations text of the 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 final rule accurately reflects the policies adopted 
in that final rule.
    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 to ensure that final rule accurately reflects our policies. 
Furthermore, such procedures would be unnecessary, as we are not 
altering payment eligibility or benefit methodologies or policies, but 
rather, simply implementing correctly the policies that we previously 
proposed, received comment on, and subsequently finalized. This 
correcting document is intended solely to ensure that the final rule 
accurately reflects these policies. Therefore, we believe we have good 
cause to waive the requirements for notice and comment and delay of 
effective date.

IV. Correction of Errors in the Preamble

    In FR Doc. 2021-00538, published in the Federal Register of January 
19, 2021, beginning on page 5864, the following corrections are made:
    1. On page 5870, second column of the table, first paragraph, line 
3, the phrase ``he RTBTI'' is corrected to read ``The RTBT''.
    2. On page 5895, third column, second full paragraph, line 6, the 
terms ``thatthis'' are corrected to read ``that this''.
    3. On page 5938, second column, second full paragraph, lines 8 
through 10, the website link ``https://

[[Page 29528]]

www.cms.gov/files/document/cy2020part-d-reportingrequirements.pdf'' is 
corrected to read ``https://www.cms.gov/files/document/cy2020part-d-reporting-requirements082719.pdf''.
    4. On page 5950, third column, third full paragraph, lines 23 and 
24, the phrase ``will become'' is corrected to ``became''.
    5. On page 5962, third column, second partial paragraph, line 7, 
the citation ``Sec.  422.509 or Sec.  423.510'' is corrected to read 
``Sec.  422.510 or Sec.  423.509''.
    6. On page 5975, first column, fifth paragraph, line 18, the word 
``reward'' is corrected to read ``rewards''.
    7. On page 5977, third column, second full paragraph, line 19, the 
phrase ``Section IIIC'' is corrected to read ``Section III.C.''.
    8. On page 5983, second column, first partial paragraph, line 37, 
the word ``provider'' is corrected to read ``provides''.
    9. On page 5985, third column, first full paragraph, line 6, the 
word ``are'' is corrected to read ``is''.
    10. On page 5987, first column, second partial paragraph, line 17, 
the word ``of'' is corrected to read ``or''.
    11. On page 5990, second column, first full paragraph, line 25, the 
reference ``section D.'' is corrected to read ``section V.D.''.
    12. On page 6007, first column, second partial paragraph, lines 26 
and 27, the phrase ``used evaluating'' is corrected to read ``use in 
evaluating''.
    13. On page 6016, first column, first full paragraph, line 1, the 
word ``toe'' is corrected to read ``to''.
    14. On page 6058, third column, first full paragraph, line 4:
    a. The reference ``0938-10396'' is corrected to ``0938-1154''.
    b. The reference ``CMS-1154'' is corrected to read ``CMS-10396''.
    15. On page 6062, first column, first full paragraph, line 1, ``288 
Part D sponsors'' is corrected to read ``288 Part D parent 
organizations''.
    16. On page 6088, second column, first full paragraph, line 12, 
``positon'' is corrected to ``position''.

List of Subjects

42 CFR Part 422

    Administrative practice and procedure, Health facilities, Health 
maintenance organizations (HMO), Medicare, Penalties, Privacy, 
Reporting and recordkeeping requirements.

42 CFR Part 423

    Administrative practice and procedure, Emergency medical services, 
Health facilities, Health maintenance organizations (HMO), Medicare, 
Penalties, Privacy, Reporting and recordkeeping requirements.

    Accordingly, 42 CFR parts 422 and 423 are corrected by making the 
following correcting amendments:

PART 422--MEDICARE ADVANTAGE PROGRAM

0
1. The authority citation for part 422 continues to read as follows:

    Authority:  42 U.S.C. 1302 and 1395hh.


Sec.  422.101  [Amended]

0
2. Section 422.101 is amended by removing paragraph (f)(2)(vi).

0
3. Section 422.760 is amended as follows:
0
a. In paragraph (b)(3)(ii)(A) by removing the word ``increases'' and 
adding in its place the phrase ``are increased''.
0
b. By revising paragraph (b)(3)(ii)(C).
    The revision reads as follows:


Sec.  422.760  Determinations regarding the amount of civil money 
penalties and assessment imposed by CMS.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (C) CMS tracks the calculation and accrual of the standard minimum 
penalty and aggravating factor amounts and announces them on an annual 
basis.
* * * * *

PART 423--VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT

0
4. The authority citation for part 423 continues to read as follows:

    Authority:  42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, 
and 1395hh.


Sec.  423.568  [Amended]

0
5. Section 423.568 is amended as follows:
0
a. In paragraph (j)(2) by removing the phrase ``MA organization'' and 
adding in its place the phrase ``Part D plan sponsor''.
0
b. In paragraph (j)(3) by removing the term ``reconsideration'' adding 
in its place the term ``redetermination''.
0
c. In paragraph (k) by removing the term ``redetermination'' adding in 
its place the term ``coverage determination''.


Sec.  423.2267  [Amended]

0
6. Section 423.2267 is amended by redesignating paragraph 
(e)(13)(ii)(H) as paragraph (e)(13)(ii)(G).

    Dated: May 25, 2021.
Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2021-11446 Filed 6-1-21; 8:45 am]
BILLING CODE 4120-01-P