[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Rules and Regulations]
[Pages 36071-36072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14545]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 155

[CMS-9914-CN]
RIN 0938-AU18


Patient Protection and Affordable Care Act; HHS Notice of Benefit 
and Payment Parameters for 2022 and Pharmacy Benefit Manager Standards; 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors in the final rule that 
appeared in the May 5, 2021, Federal Register entitled, ``Patient 
Protection and Affordable Care Act; HHS Notice of Benefit and Payment 
Parameters for 2022 and Pharmacy Benefit Manager Standards''.

DATES: This correction is effective on July 6, 2021.

FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492-4305, Rogelyn 
McLean, (301) 492-4229, Grace Bristol, (410) 786-8437, Kiahana Brooks, 
(301) 492-5229, or Sara Rosta, (301) 492-4223 for general information.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2021-09102 of May 5, 2021, the Patient Protection and 
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 
2022 and Pharmacy Benefit Manager Standards final rule (86 FR 24140), 
there were technical errors that are identified and corrected in the 
regulation text of this correcting document. The correction is 
effective on July 6, 2021, as this is the date that the relevant 
regulations contained in the Patient Protection and Affordable Care 
Act; HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy 
Benefit Manager Standards final rule take effect.

II. Summary of Error in the Regulation Text

    On page 24289 of the Patient Protection and Affordable Care Act; 
HHS Notice of Benefit and Payment Parameters for 2022 and Pharmacy 
Benefit Manager Standards final rule, we made technical errors in 
amendatory instructions 27b and d for Sec.  155.221. In these 
amendatory instructions, we inadvertently noted that we were: (1) 
Redesignating paragraphs (c) through (h) as paragraphs (d) through (i), 
respectively; and (2) amending newly redesignated paragraphs (g) 
introductory text, (g)(6) and (7), and (h) by removing the reference to 
``paragraph (e)'' and adding in its place a reference to ``paragraph 
(f)''. These amendatory instructions were duplicative of amendatory 
instructions 6a and c of the final rule that appeared in the January 
19, 2021 Federal Register, entitled ``Patient Protection and Affordable 
Care Act; HHS Notice of Benefit and Payment Parameters for 2022; 
Updates to State Innovation Waiver (Section 1332 Waiver) Implementing 
Regulations'' (86 FR 6176). Therefore, in addition to amendatory 
instruction 27a, we should have only included the addition of paragraph 
(c) for changes to Sec.  155.221 in the Patient Protection and 
Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 
2022 and Pharmacy Benefit Manager Standards final rule. Accordingly, we 
are revising amendatory instruction 27b to accurately reflect the 
addition of paragraph (c) and removing amendatory instructions 27c and 
d.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the 
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 
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 waive 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.
    This document merely corrects technical errors in the Patient 
Protection and Affordable Care Act; HHS Notice of Benefit and Payment 
Parameters for 2022 and Pharmacy Benefit Manager Standards final rule 
that was published on May 5, 2021 for amendments that become effective 
on July 6, 2021. The corrections do not make substantive changes to the 
policies or standards set forth in the final rule. Therefore, we 
believe that undertaking further notice and comment procedures to 
incorporate these corrections and delay the effective date for these 
changes is unnecessary. In addition, we believe that it is important 
for the public to have the correct information as soon as possible and 
believe it is contrary to the public interest to delay when they become 
effective. For these reasons, we believe there is good cause to waive 
the requirements for notice and comment and delay in effective date for 
this correction document.

Correction

    In FR 2021-09102, appearing on page 24140 in the Federal Register 
of Wednesday, May 5, 2021, the following correction is made:


Sec.  155.221  [Corrected]

0
On page 24289, in the first column, the text of instruction 27 for 
Sec.  155.221 is corrected to read as follows:
0
27. Section 155.221 is amended by revising paragraphs (b)(1), (3), and 
(4)

[[Page 36072]]

and adding paragraph (c) to read as follows:

Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2021-14545 Filed 7-2-21; 4:15 pm]
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