[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53497-53502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14030]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 431, 438, 441, 447

[CMS-2442-CN]
RIN 0938-AU68


Medicaid Program; Ensuring Access to Medicaid Services; 
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 in 
the final rule that appeared in the May 10, 2024 Federal Register, 
entitled ``Medicaid Program; Ensuring Access to Medicaid Services 
(referred to hereafter as the ``Access final rule''). The effective 
date of the Access final rule is July 9, 2024.

DATES: This correction is effective July 9, 2024.

FOR FURTHER INFORMATION CONTACT: 
    Karen LLanos, (410) 786-9071, for Medicaid Advisory Committee.
    Jennifer Bowdoin, (410) 786-8551, for Home and Community-Based 
Services.
    Jeremy Silanskis, (410) 786-1592, for Fee-for-Service Payment.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2024-08363 of May 10, 2024 (89 FR 40542), there were 
technical errors that are identified and corrected in this correcting 
document. These corrections are applicable as if they had been included 
in the Access final rule, which is effective July 9, 2024. Accordingly, 
the corrections are effective July 9, 2024.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 40550, in Table 1: Provisions and Relevant Timing 
Information and Dates, we made errors listing the applicability dates 
and did not include all of the regulatory citations for the table rows 
that referenced the Medicaid Advisory Committee & Beneficiary Advisory 
Council Sec.  431.12.
    On pages 40556, 40557, and 40565, we made errors listing the 
applicability dates.
    On page 40570, we made minor technical and typographical errors, 
including cross-references to regulatory citations and a preamble 
section.
    On page 40577, we made typographical errors in regulatory 
citations.
    On page 40578, we made a typographical error in a Federal Register 
reference.
    On page 40580, we made a typographical error when discussing a 
modification to regulatory language.
    On page 40586, we made a typographical error in a regulatory 
citation.
    On page 40587, we made a typographical error when discussing a 
modification to regulatory language.
    On page 40594, we erroneously included an incorrect statement 
related to formatting when discussing a modification to regulatory 
language.
    On page 40596, we made a typographical error when discussing a 
modification to regulatory language.
    On page 40599, we made typographical errors in references to a 
preamble section number and a regulatory citation.
    On page 40611, we made typographical errors in a statutory citation 
and a regulatory citation.
    On page 40614, we made a typographical error in a statutory 
citation.
    On page 40615, we erroneously included the incorrect Federal 
Register citation.
    On page 40616, we made minor technical errors in discussing a 
modification to regulatory language, including inadvertently omitting a 
regulatory citation.
    On page 40619, we erroneously omitted a word in a policy statement.
    On pages 40624, 40627, 40633, and 40640, we made typographical 
errors in regulatory citations.
    On page 40643, we made a typographical error in a summary of 
regulatory language we finalized.
    On page 40646, we made a typographical error in a regulatory 
citation.
    On page 40650, we made a typographical error in a reference to a 
preamble section.
    On pages 40653, 40660, and 40661, we made typographical errors in 
regulatory citations.
    On page 40662, we erroneously omitted a word and made a 
typographical error in a regulatory citation.
    On page 40671, we made typographical and minor technical errors 
when discussing regulatory language we finalized.
    On page 40673, we made typographical errors in regulatory 
citations.
    On page 40675, we made typographical errors in a regulatory

[[Page 53498]]

citation and in references to preamble sections.
    On page 40727, we erroneously omitted words when discussing 
publication requirements.
    On page 40858, in the table titled ``TABLE 48: Accounting Table,'' 
we inadvertently included incorrect summary figures in the table.

B. Summary of Errors in the Regulation Text

    On page 40862, in the regulation text for Sec.  431.12(d)(1), we 
listed incorrect applicability dates.
    On page 40863, in amendatory instruction 5, we inadvertently noted 
the changes to Sec.  438.72 incorrectly.
    On page 40869, in the regulation text for Sec.  441.312(c)(3)(iv), 
we made a typographical error.
    On page 40869, in the regulation text for Sec.  441.312(g), we made 
a typographical error in a cross-reference.

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 substantive 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. 
Similarly, section 553(d)(3) of the APA allows the agency to avoid the 
30-day delay in effective date where good cause is found and the agency 
includes in the rule a statement of the finding and the reasons for it. 
In our view, this correcting document does not constitute a rulemaking 
that would be subject to these requirements.
    This document corrects technical errors in the Access final rule. 
The corrections contained in this document are consistent with, and do 
not make substantive changes to, the policies that were proposed, 
subject to notice and comment procedures, and adopted in the Access 
final rule. As a result, the corrections made through this correcting 
document are intended to resolve inadvertent errors so that the rule 
accurately reflects the policies adopted in the final rule. Even if 
this were a rulemaking to which the notice and comment 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 corrections in this document into the 
Access final rule or delaying the effective date of the corrections 
would be contrary to the public interest because it is in the public 
interest to ensure that the rule accurately reflects our policies as of 
the date they take effect. Further, such procedures would be 
unnecessary because we are not making any substantive revisions to the 
final rule, but rather, we are simply correcting the Federal Register 
document to reflect the policies that we previously proposed, received 
public comment on, and subsequently finalized in the final rule. For 
these reasons, we believe there is good cause to waive the requirements 
for notice and comment and delay in effective date.

IV. Correction of Errors

    In FR Doc. 2024-08363 of May 10, 2024 (89 FR 40542), make the 
following corrections:

A. Correction of Errors in the Preamble

    1. On page 40550, Table 1: Provisions and Relevant Timing 
Information and Dates, under Medicaid Advisory Committee (MAC) & 
Beneficiary Advisory Council (BAC) Sec.  431.12, the second column, 
rows 1 through 3, which read:
[GRAPHIC] [TIFF OMITTED] TR27JN24.005

is corrected to read:


[[Page 53499]]


[GRAPHIC] [TIFF OMITTED] TR27JN24.006

    2. On page 40556, second column, first full paragraph, lines 17 
through 28, the sentence that reads:
    ``Instead of the 25 percent minimum threshold coming into effect 
right away, we are revising this final rule to provide in Sec.  
431.12(d)(1) that, for the period from July 9, 2024 through July 9, 
2025, 10 percent of the MAC members must come from the BAC; for the 
period from July 10, 2025 through July 9, 2026 20 percent of MAC 
members must come from the BAC; and thereafter, 25 percent of MAC 
members must come from the BAC.''

is corrected to read:

    ``Instead of the 25 percent minimum threshold coming into effect 
right away, we are revising this final rule to provide in Sec.  
431.12(d)(1) that, for the period from July 9, 2025 through July 9, 
2026, 10 percent of the MAC members must come from the BAC; for the 
period from July 10, 2026 through July 9, 2027, 20 percent of MAC 
members must come from the BAC; and thereafter, 25 percent of MAC 
members must come from the BAC.''
    3. On page 40557, first column, second bullet in the second full 
paragraph, lines 1 through 13, the sentences that read:
    ``Replacing the language at Sec.  431.12 (d)(1) to clarify the 
timeframe for States to reach 25 percent of MAC members coming from the 
BAC. The new sentence will now read, ``For the period from July 9, 2024 
through July 9, 2025, 10 percent of the MAC members must come from the 
BAC; for the period from July 10, 2025 through July 10, 2026 20 percent 
of MAC members must come from the BAC; and thereafter, 25 percent of 
MAC members must come from the BAC.''

are corrected to read:

    ``Replacing the language at Sec.  431.12 (d)(1) to clarify the 
timeframe for States to reach 25 percent of MAC members coming from the 
BAC. The new sentence will now read, ``For the period from July 9, 2025 
through July 9, 2026, 10 percent of the MAC members must come from the 
BAC; for the period from July 10, 2026 through July 10, 2027, 20 
percent of MAC members must come from the BAC; and thereafter, 25 
percent of MAC members must come from the BAC.''
    4. On page 40565, second column, first full paragraph, lines 9 
through 18, the sentences that read:
    ``The finalized provision at Sec.  431.12(d)(1) will require that, 
for the period from July 9, 2024 through July 9, 2025, 10 percent of 
the MAC members must come from the BAC; for the period from July 10, 
2025 through July 9, 2026, 20 percent of MAC members must come from the 
BAC; and thereafter, 25 percent of MAC members must come from the 
BAC.''

are corrected to read:

    ``The finalized provision at Sec.  431.12(d)(1) will require that, 
for the period from July 9, 2025 through July 9, 2026, 10 percent of 
the MAC members must come from the BAC; for the period from July 10, 
2026 through July 9, 2027, 20 percent of MAC members must come from the 
BAC; and thereafter, 25 percent of MAC members must come from the 
BAC.''
    5. On page 40570,
    a. Second column, second full paragraph, lines 8 through 22, the 
sentences that read:
    ``This statement was published in error, and we did not intend to 
propose this specific regulation text include reference to Sec.  
438.208(c). We note that Sec.  438.208(c)(3)(v) already requires that 
managed care plans comply with Sec.  441.301(c)(3), generally, so we 
believe that referencing Sec.  438.208(c) is not necessary. We also 
note that Sec.  438.208(c)(3)(ii) requires compliance with the other 
person-centered planning requirements at Sec.  441.301(c)(1) and (2). 
Thus, also referring to Sec.  438.208(c) would be unnecessary.''

are corrected to read:

    ``This statement was published in error, and we did not intend to 
propose to add requirements at Sec.  441.301(c)(3) to this specific 
regulation text at Sec.  438.208(c). We note that Sec.  
438.208(c)(3)(v) already requires that managed care plans comply with 
Sec.  441.301(c)(3), generally, so we believe that adding the 
requirements at Sec.  441.301(c)(3) to Sec.  438.208(c) is not 
necessary. We also note that Sec.  438.208(c)(3)(ii) requires 
compliance with the other person-centered planning requirements at 
Sec.  441.301(c)(1) and (2). Thus, also adding the requirements at 
Sec.  441.301(c)(3) to Sec.  438.208(c) would be unnecessary.''.
    b. In the third column, second full paragraph, line 17, the section 
reference that reads, ``II.B.11'' is corrected to read, ``II.B.10''.
    6. On page 40577, second column, first full and non-bulleted 
paragraph,
    a. Line 16, the regulatory citation that reads ``Sec.  
441.301(c)(4)(ii)'' is corrected to read ``Sec.  441.301(c)(4)(iii)''.
    b. Line 27, the regulatory citation that reads ``(v)(B)'' is 
corrected to ``(vi)(B)''.
    7. On page 40578, third column, first partial paragraph, lines 3 
through 4, the Federal Register reference that reads ``(88 FR 28080)'' 
is corrected to ``(88 FR 27976).''
    8. On page 40580, third column, third full paragraph, lines 1 
through 6, the paragraph that reads ``We are finalizing Sec.  
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous 
reference to subchapter in the regulatory language and replace 
subchapter with paragraph (c)(7)'' is corrected to read ``We are 
finalizing Sec.  441.301(c)(7)(iii)(B)(1) with a modification to 
correct an erroneous reference to subsection in the regulatory

[[Page 53500]]

language and replace subsection with paragraph (c)(7).''.
    9. On page 40586, first column, first partial paragraph, line 17, 
the regulatory citation that reads ``Sec.  
441.301(c)(7)(iii)(C)(3)(ii)'' is corrected to read ``Sec.  
441.301(c)(7)(iii)(C)(3)(iii)''.
    10. On page 40587, third column, last paragraph, lines 3 through 7, 
the sentence that reads ``We are finalizing Sec.  
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous 
reference to subchapter by replacing subchapter with paragraph 
(c)(7).'' is corrected to read ``We are finalizing Sec.  
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous 
reference to subsection by replacing subsection with paragraph 
(c)(7).''.
    11. On page 40594, first column, last paragraph, line 16, the 
sentence that reads ``(New text in bolded font.)'' is deleted.
    12. On page 40596, in the third column, third full bulleted 
paragraph, lines 1 through 5, that reads ``We are finalizing Sec.  
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous 
reference to subchapter by replacing subchapter with paragraph 
(c)(7).'' is corrected to read ``We are finalizing Sec.  
441.301(c)(7)(iii)(B)(1) with a modification to correct an erroneous 
reference to subsection by replacing subsection with paragraph 
(c)(7).''.
    13. On page 40599,
    a. First column, second paragraph, line 38, the section reference 
that reads ``II.B.3.i'' is corrected to read ``II.B.3.j.''.
    b. Third column, last paragraph, line 9, the regulatory citation 
that reads ``Sec.  441.703(a)'' is corrected to read ``Sec.  
441.303(a)''.
    14. On page 40611,
    a. First column, first partial paragraph, lines 13 through 14, the 
statutory citation that reads ``section 1902(a)(3)(A)'' is corrected to 
read ``section 1902(a)(30)(A)''.
    b. Second column, heading b. that reads ``b. Minimum Performance 
Requirement and Flexibilities (Sec.  441.302(k)(2), (3), (4), (5), and 
(6))'' is corrected to read ``b. Minimum Performance Requirement and 
Flexibilities (Sec.  441.302(k)(2), (3), (4), (5), (6), and (7)).''
    15. On page 40614, third column, first full paragraph, the last 
line that reads ``section 2402(a)(iii)(B)'' is corrected to read 
``section 2402(a)(3)(B)(iii)''.
    16. On page 40615, first column, last full paragraph, line 2, the 
Federal Register citation that reads ``(88 FR 27982)'' is corrected to 
read ``(88 FR 27982 through 27984)''.
    17. On page 40616, third column, second paragraph, lines 2 through 
9, the sentence that reads:
    ``As discussed in greater detail later in this section, we are 
modifying the policy we proposed at Sec.  441.302(k)(3) to establish 
certain exceptions from the minimum performance level, and to establish 
a 6- year effective date, rather than the 4 years we had proposed.''

is corrected to read:

    ``As discussed in greater detail later in this section, we are 
modifying the policy we proposed, at Sec.  441.302(k)(3), to establish 
certain exceptions from the minimum performance level, and, at Sec.  
441.302(k)(8), to establish a that States must comply beginning 6 years 
after the effective date of this rule, rather than the 4 years we had 
proposed at Sec.  441.302(k)(4).''.
    18. On page 40619, first column, first full paragraph, line 34 
through the end of the paragraph, the sentence that reads:
    ``We note that we expect that most providers would be subject to a 
hardship exemption on a temporary basis, and that States would still 
need to collect and report data as required in Sec.  441.302(k)(2) and 
Sec.  441.311(e) for providers with hardship exemptions.''

is corrected to read:

    ``We note that we expect that most exempted providers would be 
subject to a hardship exemption on a temporary basis, and that States 
would still need to collect and report data as required in Sec.  
441.302(k)(2) and Sec.  441.311(e) for providers with hardship 
exemptions.''
    19. On page 40624, first column, second full paragraph, line 17, 
the regulatory citation that reads ``Sec.  441.302(k)(3)(iii)'' is 
corrected to read ``Sec.  441.302(k)(1)(iii)''.
    20. On page 40627, third column, fourth full paragraph, line 14, 
the regulatory citation that reads ``Sec.  441.302(k)(1)(i)(A)'' is 
corrected to read ``Sec.  441.302(k)(1)(ii)(A)''.
    21. On page 40633, first column, last paragraph, line 5, the 
regulatory citation that reads ``Sec.  441.311I'' is corrected to read 
``Sec.  441.311(e)''.
    22. On page 40640, second column, second full paragraph, line 2, 
the regulatory citation that reads ``Sec.  441.301(c)(3)(ii)'' is 
corrected to read ``Sec.  441.311(b)(3)''.
    23. On page 40643, second column, third full paragraph, lines 1 
through 5, the sentence that reads ``After consideration of public 
comments received, we are finalizing the HCBS Quality Measure Set 
reporting requirements at Sec.  441.311(c) with modifications.'' is 
corrected to read ``After consideration of public comments received, we 
are finalizing the HCBS Quality Measure Set reporting requirements at 
Sec.  441.311(c) with no modifications.''.
    24. On page 40646, first column, last paragraph, line 6, the 
regulatory citation that reads ``Sec.  441.331(d)(1)'' is corrected to 
read ``Sec.  441.311(d)(1)''.
    25. On page 40650, second column, last paragraph, line 2, the 
section reference that reads ``II.B.7.e.'' is corrected to read 
``II.B.7.f.''.
    26. On page 40653,
    a. First column, last paragraph, line 10, the regulatory citation 
that reads ``Sec.  411.302(k)'' is corrected to read ``Sec.  
441.302(k)''.
    b. First column, last paragraph, line 11, the regulatory citation 
that reads ``Sec.  411.311(e)(2)'' is corrected to read ``Sec.  
441.311(e)(2)''.
    c. First column, last paragraph, line 14, the regulatory citation 
that reads ``Sec.  411.302(k)(3)'' is corrected to read ``Sec.  
441.302(k)(3)''.
    d. Second column, first partial paragraph, line 3, the regulatory 
citation that reads ``Sec.  411.302(k)'' is corrected to read ``Sec.  
441.302(k)''.
    e. Second column, first partial paragraph, line 6, the regulatory 
citation that reads ``Sec.  411.311(e)(2)'' is corrected to read 
``Sec.  441.311(e)(2)''.
    f. Second column, first partial paragraph, line 10, the regulatory 
citation that reads ``Sec.  411.302(k)(3)'' is corrected to read 
``Sec.  441.302(k)(3)''.
    g. Second column, first partial paragraph, line 11, the regulatory 
citation that reads ``Sec.  411.302(k)(3)'' is corrected to read 
``Sec.  441.302(k)(3)''.
    h. Second column, first full paragraph, line 4, the regulatory 
citation that reads ``Sec.  411.311(e)(2)'' is corrected to read 
``Sec.  441.311(e)(2)''.
    27. On page 40660, third column, heading f. at the bottom of the 
page, the regulatory citation that reads ``441.745(a)(1)(iii)'' is 
corrected to read ``441.745(a)(1)(vii)''.
    28. On page 40661, first column, first partial paragraph, line 16, 
the regulatory citation that reads ``Sec.  441.302(a)(6)'' is corrected 
to read ``Sec.  441.311''.
    29. On page 40662, third column, first bulleted paragraph, the 
paragraph that reads:
    ``We are finalizing the HCBS Quality Measure Set reporting 
requirements at Sec.  441.311(c) with modifications. At Sec.  
441.311(c), we are finalizing a date of 4 years, rather than 3 years, 
for States to comply with the HCBS Quality Measure Set reporting 
requirements at Sec.  441.311(c).''

is corrected to read:

    ``We are finalizing the HCBS Quality Measure Set reporting 
requirements at

[[Page 53501]]

Sec.  441.311(c) with no modifications. At Sec.  441.311(f)(2), we are 
finalizing a date of 4 years, rather than 3 years, for States to comply 
with the HCBS Quality Measure Set reporting requirements at Sec.  
441.311(c).''.
    30. On page 40671,
    a. First column, first full paragraph, lines 2 through 11, the 
sentence that reads:
    ``As noted previously, we are finalizing Sec.  441.312(c)(1) and 
(2) with modifications to indicate that we will identify, and update no 
more frequently than every other year, beginning no later than December 
31, 2026, the quality measures to be included in the HCBS Quality 
Measure Set as defined in paragraph (b) of this section.''

is corrected to read:

    ``As noted previously, we are finalizing Sec.  441.312(c)(1) and 
(2) with modifications to indicate that: we will identify, and update 
no more frequently than every other year, beginning no later than 
December 31, 2026, the quality measures to be included in the HCBS 
Quality Measure Set as defined in paragraph (b) of this section; and we 
will make technical updates and corrections to the HCBS Quality Measure 
Set annually as appropriate.''.
    b. First column, second full paragraph, lines 1 through 3, the 
sentence that reads ``We will make technical updates and corrections to 
the HCBS Quality Measure Set annually as appropriate.'' is deleted.
    c. Third column, second full (and second bulleted) paragraph, the 
sentence that reads ``We are finalizing the definition of attribution 
rules and Home and Community-Based Services Quality Measure Set at 
Sec.  441.312(b)(1) with a minor formatting change.'' is corrected to 
read ``We are finalizing the definitions of attribution rules and Home 
and Community-Based Services Quality Measure Set at Sec.  441.312(b)(1) 
and (2), respectively, with minor modifications.''.
    31. On page 40673, first column,
    a. Third full paragraph, line 11, the regulatory citation that 
reads ``Sec.  441.33'' is corrected to read ``Sec.  441.313''.
    b. Fourth full paragraph, lines 6 and 8, the regulatory citation 
that reads ``Sec.  441.311'' is corrected to ``Sec.  441.313'' in both 
instances.
    32. On page 40675,
    a. First column, first full paragraph, line 7, the regulatory 
citation that reads ``Sec.  441.3131(c)'' is corrected to read ``Sec.  
441.313(c)''.
    b. Third column, last full paragraph, lines 1 through 3, the phrase 
that reads ``As discussed earlier in sections II.B.1., II.B.4., 
II.B.5., II.B.7., and II.J. of this rule'' is corrected to read ``As 
discussed earlier in sections II.B.1., II.B.3., II.B.5., II.B.7., and 
II.B.9. of this rule''.
    33. On page 40727, second column, second paragraph, lines 1 through 
6, the sentence that reads:
    ``The State agency is required to publish a hyperlink where the 
comparative, as well as the payment rate disclosure and payment rate 
transparency publication, on the State Medicaid agency's website.''

is corrected to read:

    ``The State agency is required to publish a hyperlink to where the 
comparative payment rate analysis, as well as the payment rate 
disclosure and payment rate transparency publication, is located on the 
State Medicaid agency's website.''
    34. On page 40858, in the middle of the page, TABLE 48: Accounting 
Table, is corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR27JN24.007

B. Corrections of Errors in the Regulation Text


Sec.  431.12   [Corrected]

0
1. On page 40862, first column, fourth full paragraph, the regulation 
text for Sec.  431.12(d)(1) that reads:
    ``(1) For the period from July 9, 2024 through July 9, 2025, 10 
percent of the MAC members must come from the BAC; for the period from 
July 10, 2025 through July 9, 2026, 20 percent of MAC members must come 
from the BAC; and thereafter, 25 percent of MAC members must come from 
the BAC.''

is corrected to read:

    ``(1) For the period from July 9, 2025 through July 9, 2026, 10 
percent of the MAC members must come from the BAC; for the period from 
July 10, 2026 through July 9, 2027, 20 percent of MAC members must come 
from the BAC; and thereafter, 25 percent of MAC members must come from 
the BAC.''


Sec.  438.72   [Corrected]

0
2. On page 40863, second column, amendment 5, the instruction and 
accompanying regulation text that reads:
0
``5. Section 438.72 is added to subpart B to read as follows:

[[Page 53502]]

Sec.  438.72   Additional requirements for long-term services and 
supports.

    (a) [Reserved]
    (b) Services authorized under section 1915(c) waivers and section 
1915(i), (j), and (k) State plan authorities. The State must comply 
with the requirements at Sec. Sec.  441.301(c)(1) through (3), 
441.302(a)(6), 441.302(k), 441.311, and 441.313 for services authorized 
under section 1915(c) waivers and section 1915(i), (j), and (k) State 
plan authorities.''


is corrected to read:

0
``5. Section 438.72 is amended by adding paragraph (b) to read as 
follows:


Sec.  438.72  Additional requirements for long-term services and 
supports.

* * * * *
    (b) Services authorized under section 1915(c) waivers and section 
1915(i), (j), and (k) State plan authorities. The State must comply 
with the requirements at Sec. Sec.  441.301(c)(1) through (3), 
441.302(a)(6), 441.302(k), 441.311, and 441.313 for services authorized 
under section 1915(c) waivers and section 1915(i), (j), and (k) State 
plan authorities.''


Sec.  441.312   [Corrected]

0
3. On page 40869,
0
a. First column, sixth paragraph, the regulation text for Sec.  
441.312(c)(3)(iv) that reads:
    ``(iv) Ensure that all measures included in the Home and Community-
Based Quality Measure Set reflect an evidenced-based process including 
testing, validation, and consensus among interested parties; are 
meaningful for States; and are feasible for State-level, program-level, 
or provider-level reporting as appropriate.''

is corrected to:

    ``(iv) Ensure that all measures included in the Home and Community-
Based Quality Measure Set reflect an evidence-based process including 
testing, validation, and consensus among interested parties; are 
meaningful for States; and are feasible for State-level, program-level, 
or provider-level reporting as appropriate.''
0
b. Third column, first full paragraph, the regulation text for Sec.  
441.312(g) that reads:
    ``(g) Consultation with interested parties. For purposes of 
paragraph (c)(2) of this section, the Secretary must consult with 
interested parties as described in this paragraph to include the 
following:''

is corrected to:

    ``(g) Consultation with interested parties. For purposes of 
paragraph (c)(3) of this section, the Secretary must consult with 
interested parties as described in this paragraph to include the 
following:''

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-14030 Filed 6-26-24; 8:45 am]
BILLING CODE 4120-01-P