[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Rules and Regulations]
[Pages 80468-80469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28359]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 400, 406, 407, 408, 410, 423, 431, and 435

[CMS-4199-CN]
RIN 0938-AU85


Medicare Program; Implementing Certain Provisions of the 
Consolidated Appropriations Act, 2021 and Other Revisions to Medicare 
Enrollment and Eligibility Rules; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical and typographical errors that 
appeared in the final rule published in the Federal Register on 
November 3, 2022, entitled ``Medicare Program; Implementing Certain 
Provisions of the Consolidated Appropriations Act, 2021 and other 
Revisions to Medicare Enrollment and Eligibility Rules.''

DATES: Effective date: This correcting document is effective on 
December 30, 2022.

FOR FURTHER INFORMATION CONTACT: Kristy Nishimoto, (206) 615-2367.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2022-23407 of November 3, 2022 (87 FR 66454), there were 
a several technical and typographical errors that are identified and 
corrected in this correcting document.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 66457, in a table that provides an example of the current 
entitlement dates compared to the revisions made by the Consolidated 
Appropriations Act, 2021 (CAA) there were inadvertent typographical 
errors in the formatting of a row of table.
    On page 66468, in our discussion of the special enrollment period 
(SEP) to coordinate with termination of Medicaid coverage, we made 
typographical errors in referencing a regulatory citation.
    On page 66496, in our discussion of the information collection 
requirements regarding beneficiary enrollment simplification, we 
inadvertently omitted a word.

B. Summary of Errors in the Regulations Text

    On page 66506, in the amendatory instructions for Sec.  407.25 we 
made a technical error in the instruction regarding paragraph (b)(3).

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register and invite public comment on the proposed rule in 
accordance with 5 U.S.C. 553(b) of the Administrative Procedure Act 
(APA). The notice of proposed rulemaking includes a reference to the 
legal authority under which the rule is proposed, and the terms and 
substances of the proposed rule or a description of the subjects and 
issues involved. This procedure can be waived, however, if an agency 
finds good cause that a notice-and-comment procedure is impracticable, 
unnecessary, or contrary to the public interest and incorporates a 
statement of the finding and its reasons in the rule issued.

[[Page 80469]]

    We believe that this final rule correcting document does not 
constitute a rule that would be subject to the notice and comment or 
delayed effective date requirements. This document merely corrects 
minor typographical errors in the final rule, but it does not make 
substantive changes to the policies or the implementing regulations 
that were adopted in the final rule. As a result, this final rule 
correcting document is intended to ensure that the information in the 
final rule accurately reflects the policies and regulatory amendments 
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 minor 
corrections in this document into the final rule or delaying the 
effective date would be unnecessary, as we are not altering our 
policies or regulatory changes, but rather, we are simply implementing 
correctly the policies and regulatory changes that we previously 
proposed, requested comment on, and subsequently finalized. This final 
rule correcting document is intended solely to ensure that the final 
rule accurately reflects these policies and regulatory changes. 
Furthermore, such notice and comment procedures would be contrary to 
the public interest because it is in the public's interest to ensure 
that the final rule accurately reflects our policies and regulatory 
changes. Therefore, we believe we have good cause to waive the notice 
and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2022-23407 of November 3, 2022 (87 FR 66454), make the 
following corrections:
    1. On page 66457, upper one-third of the page, the untitled table, 
the table is corrected to read as follows:

------------------------------------------------------------------------
                                Prior to 1/1/23--   On or after 1/1/23--
          Enrolls:             entitlement begins    entitlement begins
                                       on:                   on:
------------------------------------------------------------------------
In IEP
    January.................  April 1 (month        April 1 (month
                               eligibility           eligibility
                               requirements first    requirements first
                               met).                 met).
    February................  April 1.............  April 1.
    March...................  April 1.............  April 1.
    April...................  May 1 (month          May 1.
                               following month of
                               enrollment).
    May.....................  July 1 (second month  June 1.
                               after month of
                               enrollment).
    June....................  September 1 (third    July 1.
                               month after month
                               of enrollment).
    July....................  October 1 (third      August 1.
                               month after month
                               of enrollment).
In GEP
    January.................  July 1..............  February.
    February................  July 1..............  March.
    March...................  July 1..............  April.
------------------------------------------------------------------------

    2. On page 66468 in the first column, second full paragraph, last 
line, the regulatory citation ``407.27(f)'' is corrected to read 
``407.23(f)''.
    3. On page 66468 in the third column, second full paragraph, line 
11, the regulatory citation, ``407.27(f)'' is corrected to read 
``407.23(f)''.
    4. On page 66496, first column, second full paragraph, line 4, the 
phrase, ``Exceptional Conditions'' is corrected to read ``Other 
Exceptional Conditions''.

0
5. On page 66506, third column, amendatory instruction 16 (Sec.  
407.25), is corrected to read, ``16. Effective January 1, 2023, Sec.  
407.25 is amended by revising paragraphs (a) and (b)(1) and adding 
paragraph (b)(3) to read as follows:''

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2022-28359 Filed 12-29-22; 8:45 am]
BILLING CODE 4120-01-P