[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34779-34780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11550]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

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

[CMS-4201-CN]
RIN 0938-AU96


Medicare Program; Contract Year 2024 Policy and Technical Changes 
to the Medicare Advantage Program, Medicare Prescription Drug Benefit 
Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care 
for the Elderly; Correction

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

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 12, 2023, 
entitled ``Contract Year 2024 Policy and Technical Changes to the 
Medicare Advantage Program, Medicare Prescription Drug Benefit Program, 
Medicare Cost Plan Program, and Programs of All-Inclusive Care for the 
Elderly.''

DATES: This correcting document is effective June 5, 2023.

FOR FURTHER INFORMATION CONTACT: Lucia Patrone, (410) 786-8621.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2023-07115 of April 12, 2023 (88 FR 22120), there were a

[[Page 34780]]

number of 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 
12, 2023. Accordingly, the corrections are effective June 5, 2023.

II. Summary of Errors

A. Summary Errors in the Preamble

    On page 22134, we inadvertently omitted Sec.  422.514(d)(1) from 
the list of sections finalized.
    On page 22135, we made errors in our discussion of the effective 
dates for the changes to the general enrollment period (GEP) made by 
the Consolidated Appropriations Act, 2021, and the Part D special 
enrollment period (SEP).
    On page 22150, we made a typographical error in a regulatory 
reference.
    On page 22226, we made a typographical error when specifying a 
term.
    On page 22300, we made a technical error regarding an acronym.

B. Summary of Errors in the Regulations Text

    On page 22336 in Sec.  422.2267(a)(3), we made a typographical 
error.
    On page 22341 in Sec.  423.2264 we made a typographical error and 
technical errors in regulations text regarding election periods and 
third-party marketing.
    On page 22344 in Sec.  423.2536(c), we made a typographical error 
in a reference.
    On page 22345 in Sec.  460.70, we made a--typographical error in a 
paragraph designation; technical error in the use of an acronym; and 
technical error in the use of a term.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    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.
    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 
typographical and technical 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.

Correction of Errors

    In FR Doc. 2023-07115 of April 12, 2023 (88 FR 22120), make the 
following corrections:

A. Corrections of Errors in the Preamble

    1. On page 22134, third column, third full paragraph, line 7, the 
reference ``422.514(g)'' is corrected to read ``422.514(d)(1) and 
(g)''.
    2. On page 22135, first column, second full paragraph, lines 4 and 
5, the phrase ``provide that on'' is corrected to read, ``provide that 
for GEPs on''.
    3. On 22150, first column, sixth full paragraph, lines 6 and 7, the 
reference ``Sec.  423.2508(d)(1) through (5)'' is corrected to read 
``Sec.  423.2508(c)(1) through (5)''.
    4. On page 22226, third column, third full paragraph, line 6, the 
phrase ``anon-English'' is corrected to read ``a non-English''.
    5. On page 22300, third column, first full paragraph, line 28, the 
phrase ``and the SAA,'' is corrected to read ``and the State 
administering agency (SAA),''.

B. Correction of Errors in the Regulations Text

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1. On page 22336, second column, first partial paragraph (Sec.  
422.2267(a)(3)), line 3, the phrase ``anon-English'' is corrected to 
read ``a non-English''.

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2. On page 22341--
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a. First column, 17th paragraph (Sec.  423.2264(c)(3)(i)(A)), line 2, 
the phrase ``prior of'' is corrected to read ``prior to''.
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b. Third column--
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i. Fourth paragraph (Sec.  423.2267(e)(41) introductory text), line 25, 
the phrase ``The MA organization must'' is corrected to read ``The Part 
D sponsor must''.
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ii. Fifth paragraph (Sec.  423.2267(e)(41)(i)), lines 3 and 4, the 
phrase ``one MA organization'' is corrected to read ``one Part D 
sponsor.''

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3. On page 22344, second column, 14th full paragraph (Sec.  423.2536(c) 
introductory text), line 6, the reference ``Sec.  423.2508(d)(1)'' is 
corrected to read ``Sec.  423.2508(c)(1)''.

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4. On page 22345, second column--
0
a. Third paragraph (Sec.  460.70(a)), the paragraph number ``(xviv)'' 
is corrected to read ``(xix)''.
0
b. Fourteenth paragraph (Sec.  460.70(a)(3)(ii)), line 2, the phrase 
``the SAA'' is corrected to read ``the State administering agency''.
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c. Fifteenth paragraph (Sec.  460.70(a)(4)), line 8, the phrase 
``participant medical specialty.'' is corrected to read ``particular 
medical specialty''.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2023-11550 Filed 5-30-23; 8:45 am]
BILLING CODE 4120-01-P