[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Rules and Regulations]
[Pages 36409-36410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13052]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 410, 414, 488, and 493

[CMS-3368-CN]
RIN 0938-AT83


Medicare Program; Accrediting Organizations--Changes of 
Ownership; Correction

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

[[Page 36410]]


ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on April 29, 2022 entitled 
``Accrediting Organizations--Changes of Ownership.''

DATES: This correction is effective June 28, 2022.

FOR FURTHER INFORMATION CONTACT: Caroline Gallaher, (410) 786-8705.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2022-09102 of April 29, 2022 (87 FR 25413), there were 
technical errors that are identified and corrected in this correcting 
document. The provisions in this correction document are effective as 
if they had been included in the document published April 29, 2022. 
Accordingly, the correction is effective June 28, 2022.

II. Summary of Errors

    On page 25422 in the second column, first full paragraph, and page 
25423, in the second column, under Section IV, the third bulleted 
paragraph, we inadvertently cited Sec.  488.5(f)(10) instead of Sec.  
488.5(a)(10). We are deleting the regulatory citation ``Sec.  
488.5(f)(10)'' and replacing it with ``Sec.  488.5(a)(10).''
    On page 25423, in the second column, under Section IV, the third 
bulleted paragraph, we inadvertently omitted language indicating our 
withdrawal of the proposal to apply the terms of Sec.  488.5(f)(10) to 
clinical laboratories because an already-existing regulatory provision 
at 42 CFR 493.575(g) addresses the same subject matter.
    On page 25427, in the third column, last line, we inadvertently 
referred to Sec.  488.5(f)(10) instead of Sec.  488.5(a)(10). We are 
therefore deleting the reference to paragraph ``(f)(10)'' and replacing 
it with paragraph ``(a)(10).''
    On page 25428, in the third full paragraph of the third column, we 
inadvertently retained ``clinical laboratories'' in 42 CFR 
488.5(f)(10). Therefore, as noted above, we are deleting the reference 
to clinical laboratories.

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived; however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    We believe that this correcting document does not constitute a rule 
that is subject to the notice and comment or delayed effective date 
requirements. This document corrects an inadvertent language retention 
that we intended to delete. Existing regulations at Sec.  493.575(g) 
set forth steps for laboratories to follow to maintain their 
accreditation status if CMS approval of their Accrediting Organizations 
has been involuntarily terminated.

IV. Correction of Errors

0
In FR Doc. 2022-09102 of April 29, 2022 (87 FR 25413), make the 
following corrections:
     On page 25422 in the second column, first full paragraph, 
11th line, remove ``Sec.  488.5(f)(10)'' and add in its place ``Sec.  
488.5(a)(10)''.
     On page 25423, in the second column, under Section IV, 
third bulleted paragraph, 9th line, remove ``Sec.  488.5(f)(10)'' and 
add in its place ``Sec.  488.5(a)(10)''.
     On page 25423, in the second column, under Section IV, add 
the following fourth bulleted paragraph:
    ``Revised Sec.  488.5(f)(10) to withdraw the reference to 
``clinical laboratories'' because the policy for laboratories is 
already set out at 42 CFR 493.575(g).''.


Sec.  488.5   [Corrected]

0
1. On page 25427, in third column, in Sec.  488.5(f)(2)(iii)(D), remove 
``(f)(10)'' and add in its place ``(a)(10)''.
0
2. On page 25428, in the third column, in Sec.  488.5(f)(10) 
introductory text, remove the words ``suppliers; Diabetic Self-
Management Training (DSMT) entities; or clinical laboratories,'' and 
add in their place ``suppliers; or Diabetic Self-Management Training 
(DSMT) entities,''.

Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2022-13052 Filed 6-16-22; 8:45 am]
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