[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37174-37175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12098]


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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-CN2]
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

[[Page 37175]]

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 
few 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 in the Regulations Text

    On pages 22332 and 22338, we made technical errors in the 
regulations text amendatory instructions for Sec. Sec.  422.164 and 
423.186.

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 section 1871(b)(1) of the Social Security Act (the Act) 
and 5 U.S.C. 553(b) of the Administrative Procedure Act (APA). In 
particular, section 1871 of the Act requires a minimum 60 day period 
for public comment. 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. In addition, section 553(d) of the APA, 
and section 1871(e)(1)(B)(i) of the Act mandate a 30-day delay in 
effective date after issuance or publication of a rule. Per APA 
sections 553(b)(B) and (d)(3) and section 1871(b)(2)(C) and 
(e)(1)(B)(ii) of the Act, there procedures can be waived 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:


Sec.  422.166  [Corrected]

0
1. On page 22332, in the third column, in Sec.  422.166, in amendatory 
instruction 17c, line 1, the phrase ``Revising paragraphs (g)(1), 
(i)(3)(iv)'' is corrected to read ``Revising paragraphs (g)(1) 
introductory text, (i)(3)(iv)''.


Sec.  423.186  [Corrected]

0
2. On page 22338, in the first column, in Sec.  423.186, in amendatory 
instruction 40c, line 1, the phrase ``Revising paragraphs (g)(1), 
(i)(7)(i)'' is corrected to read ``Revising paragraphs (g)(1) 
introductory text, (i)(7)(i)''.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2023-12098 Filed 6-2-23; 4:15 pm]
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