[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72998-72999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20174]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 423

Office of the Secretary

45 CFR Part 170

[CMS-4205-CN]
RINs 0938-AV24 and 0938-AU96


Medicare Program; Medicare Prescription Drug Benefit Program; 
Health Information Technology Standards and Implementation 
Specifications; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), Office of the 
National Coordinator for Health Information Technology (ONC), 
Department of Health and Human Services (HHS).

ACTION: Final rule; correction.

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SUMMARY: This document corrects typographical and technical errors in 
the final rule that appeared in the June 17, 2024, Federal Register, 
titled ``Medicare Program; Medicare Prescription Drug Benefit Program; 
Health Information Technology Standards and Implementation 
Specifications.'' The effective date of the final rule was July 17, 
2024.

DATES: 
    Effective date: This correction is effective September 9, 2024.
    Applicability date: This correcting document is applicable to the 
start of the transition period for use of the National Council for 
Prescription Drug Programs (NCPDP) SCRIPT standard and NCPDP Formulary 
and Benefit (F&B) standard versions beginning July 17, 2024.

FOR FURTHER INFORMATION CONTACT:
Maureen Connors, (410) 786-4132--Part D Standards for Electronic 
Prescribing.
Alexander Baker, (202) 260-2048--Health IT Standards.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. FR 2024-12842 of June 17, 2024 (89 FR 51238), the final 
rule titled ``Medicare Program; Medicare Prescription Drug Benefit 
Program; Health Information Technology Standards and Implementation 
Specifications,'' there were a few typographical and technical errors 
that are identified and corrected in this correction. The corrections 
are applicable to the start of the transition period for use of the 
National Council for Prescription Drug Programs (NCPDP) SCRIPT standard 
and NCPDP (Formulary and Benefit) F&B standard versions beginning July 
17, 2024, as if they had been included in the document that appeared in 
the June 17, 2024 Federal Register.

II. Summary of Errors

    On page 51252, we made typographical errors in our discussion of 
the start dates for the transition periods for use of the NCPDP SCRIPT 
standard and NCPDP F&B standard versions, and in section IV of this 
document we correct these errors.
    On page 51255, we made errors in our discussion of how non-NCPDP 
members may review and inspect NCPDP standards that have been 
incorporated by reference, and in section IV of this document we 
correct this error.

III. Waivers 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. 
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of 
the proposed rule in the Federal Register that includes a reference to 
the legal authority under which the rule is proposed, and the terms and 
substance of the proposed rule or a description of the subjects and 
issues involved. Further, 5 U.S.C. 553 requires the agency to give 
interested parties the opportunity to participate in the rulemaking 
through public comment on a proposed rule. Similarly, section 
1871(b)(1) of the Social Security Act (the Act) requires the Secretary 
to provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment for 
rulemaking to carry out the administration of the Medicare program 
under title XVIII of the Act. 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. 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. In cases 
in which these exceptions apply, sections 1871(b)(2)(C) and 
1871(e)(1)(B)(ii) of the Act provide exceptions from the notice, 60-day 
comment period, and delay in effective date requirements of the Act as 
well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act 
authorize 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. In addition, both section 553(d)(3) of 
the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to 
avoid the 30-day delay in effective date where such delay is contrary 
to the public interest and the agency includes a statement of support.
    We believe that this correction does not constitute a rule that 
would be subject to the notice and comment or delayed effective date 
requirements of the APA or section 1871 of the Act. This document 
corrects typographical and technical errors in the preamble of the 
final rule but does not make substantive changes to the policies that 
were adopted in the final rule. As a result, this correction is 
intended to ensure that the information in the final rule accurately 
reflects the policies adopted in that final rule.
    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 preamble 
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 
the policies and regulatory changes that we previously proposed, 
requested comment on, and subsequently

[[Page 72999]]

finalized. This final rule correction is intended solely to ensure that 
the final rule accurately reflects policies and regulatory changes that 
have been adopted through rulemaking. 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. Corrections

    In FR Doc. FR 2024-12842 appearing on page 51238, in the Federal 
Register of Monday, June 17, 2024, make the following corrections:

0
1. On page 51252, third column, first full paragraph--
0
a. Lines 14 and 15, the date ``July 7, 2024'' is corrected to read 
``July 17, 2024''.
0
b. Line 29, the date ``July 7, 2024'' is corrected to read ``July 17, 
2024.''

0
2. On page 51255, second column, sixth full paragraph, lines 4 through 
6, the phrase ``Non-NCPDP members may obtain these materials for 
information purposes by contacting'' is corrected to read ``Non-NCPDP 
members may arrange to inspect these materials by contacting''.

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-20174 Filed 9-6-24; 8:45 am]
BILLING CODE 4120-02-P