[Federal Register Volume 91, Number 138 (Tuesday, July 21, 2026)]
[Rules and Regulations]
[Pages 45647-45649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14709]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 600
Office of the Secretary
45 CFR Parts 150, 155, and 156
[CMS-9883-CN2]
RIN 0938-AV62
Patient Protection and Affordable Care Act, HHS Notice of Benefit
and Payment Parameters for 2027; and Basic Health Program; 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 typographical errors in the final rule
that appeared in the May 20, 2026, Federal Register titled ``Patient
Protection and Affordable Care Act, HHS Notice of Benefit and Payment
Parameters for 2027; and Basic Health Program.''
DATES: This correction is effective July 20, 2026.
FOR FURTHER INFORMATION CONTACT: Jeff Wu, (301) 492-4305, Rogelyn
McLean, (410) 786-1524, Grace Bristol, (410) 786-8437, for general
information.
[[Page 45648]]
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2026-10050 of May 20, 2026 (91 FR 29526) (2027 Payment
Notice), there were typographical errors, technical drafting errors,
and omissions that are identified and corrected in this document.
II. Summary of Errors
A. Summary of Error in the Preamble
On page 29800, we are correcting an error in our discussion of the
effective date of the rule by replacing the phrase ``effective 30 days
after publication'' in third column, last paragraph, line 8, with
``effective 60 days after publication''.
B. Summary of Errors in the Regulations Text
On page 29864, we inadvertently provided erroneous amendatory
instructions relating to 45 CFR 155.170 that had the unintended effect
of omitting regulation text that is currently set forth at Sec.
155.170(a)(3). We did not propose to rescind Sec. 155.170(a)(3) in the
proposed rule and did not intend to finalize its rescission in the
final rule. Therefore, we correct regulation text at Sec. 155.170(a)
to reinstate the text in the currently effective version of Sec.
155.170(a)(3), by renumbering and including it as new paragraph (a)(4).
On page 29874, in amendatory instruction 24 for Sec.
156.130(a)(2), we stated we were finalizing revisions to paragraph
(a)(2), without indicating that we were specifically finalizing
revisions to the introductory text to paragraph (a)(2). We correct
amendatory instruction 24, line 2, by replacing the phrase ``revising
paragraph (a)(2)'' with ``revising paragraph (a)(2) introductory
text.''
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). Each notice of proposed rulemaking 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. Per APA section 553(b)(B), these procedures can be
waived if an agency finds good cause that notice-and-comment procedure
is impracticable, unnecessary, or contrary to the public interest, and
incorporates a statement of the finding and the reasons therefore in
the rule issued. Section 553(d)(3) of the APA allows an agency to avoid
the 30-day delay in effective date when the agency finds good cause,
and includes in the rule a statement of the finding and the reasons for
it.
This document does not constitute a proposed rule subject to the
notice-and-comment or delayed effective date requirements under
sections 553(b) and (d) of the APA, because this correcting document
merely corrects typographical and technical drafting errors and
omissions in the final rule. Regardless, even if this correcting
document was deemed to be a proposed rule to which the notice-and-
comment procedures and delayed effective date requirements applied,
there is good cause to waive the requirements as following the notice-
and-comment procedures and delayed effective date requirements under
section 553(b) and (d) of the APA would be unnecessary and contrary to
the public interest.
The corrections this document makes to the preamble of the final
rule corrects a typographical error (91 FR 29800). In the final rule,
we stated that these regulations are effective on July 20, 2026 (91 FR
29526). However, later in the final rule, we made an erroneous, more
general, statement that the rule takes effect 30 days after publication
in the Federal Register (which would be on June 19, 2026) (91 FR
29800). Because this document simply removes that later language from
the final rule that provides an incorrect effective date, and because
the final rule also contains the correct effective date, which
interested parties were given notice and the opportunity to comment on,
additional notice and comment on this change is unnecessary.
Moreover, the final rule is a major rule that generally must have a
60-day delayed effective date in compliance with the Congressional
Review Act, 5 U.S.C. 801-808. Therefore, notice-and-comment procedures
would be unnecessary because comments provided by interested parties
cannot change this statutory 60-day delayed effective date
requirement.\1\
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\1\ See, for example, EME Homer City Generation, L.P. v. E.P.A.,
795 F.3d 118, 134-135 (D.C. Cir. 2015) (finding that notice and
comment was unnecessary because ``commentators could not have said
anything during a notice and comment period that would have changed
[the] fact'' that the agency must impose a 60-day delated effective
date.)
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Similarly, notice and comment and a delayed effective date would be
unnecessary to make the correction to amendatory instruction 24 for
Sec. 156.130(a)(2), which erroneously stated we were revising the text
of paragraph (a)(2), rather than the introductory text of paragraph
(a)(2) (91 FR 29874). This correction has no effect on the content or
meaning of the regulation text. Additionally, if the correction were
proposed and subjected to notice and comment, there would be nothing of
substance on which the public could comment.
Following notice-and-comment procedures and the delayed effective
date rule to correct the amendatory instructions for the regulatory
text at Sec. 155.170 also is unnecessary because this document simply
corrects the inadvertent omission of an amendatory instruction to
renumber paragraph (a)(3) of the currently effective version of Sec.
155.170(a)(3) as paragraph (a)(4).
Furthermore, delaying the correction to Sec. 155.170, to reinstate
the text in the currently effective version of Sec. 155.170(a)(3), to
complete notice-and-comment procedures is contrary to the public
interest because it would have the effect of allowing regulatory text
that was not adopted in compliance with the APA to ``remain on the
books,'' while a new rule is proposed and finalized. Without this
correction, the final rule effectively rescinds the requirements under
the currently effective version of paragraph (a)(3), without that
rescission being proposed or otherwise subjected to notice-and-comment
rulemaking procedures under section 553(b) of the APA. Thus, this
correction will make the regulatory text consistent with the preamble
discussions in the proposed and final rules, resulting in a regulation
that reflects the policy subjected to notice-and-comment procedures and
adopted in the final rule in compliance with the APA. Correcting the
errors in the final rule without undue delay will also mitigate any
confusion and uncertainty stemming from these errors. Declining to make
these corrections now would be contrary to the public's interest in
receiving fair and timely notice of the regulatory requirements to
which they may be subject.
The corrections made through this correcting document resolve
inadvertent technical drafting errors so that the final rule accurately
reflects the policies adopted therein pursuant to the APA's notice-and-
comment rulemaking requirements. Therefore, even if the corrections in
this document were deemed to be subject to the notice-and-comment and
effective date requirements under section 553 of the APA, there would
be good cause to waive the requirements.
IV. Correction of Errors
In FR Doc. 2026-10050 of May 20, 2026 (91 FR 29526), make the
following corrections:
[[Page 45649]]
A. Correction of Error in the Preamble
1. On page 29800, third column, last paragraph, line 8, the phrase
``effective 30 days after publication'' is corrected to read
``effective 60 days after publication''.
B. Correction of Errors in the Regulation Text
1. On page 29864, third column, lines 1 and 2, amendatory
instruction 9 for Sec. 155.170, and lines 3 through 42, and the
accompanying regulation text, are corrected to read as follows:
0
9. Section 155.170 is amended by--
0
a. Revising paragraphs (a)(1) and (2);
0
b. Redesignating paragraph (a)(3) as paragraph (a)(4); and
0
c. Adding a new paragraph (a)(3).
The revisions and addition read as follows:
Sec. 155.170 Additional required benefits.
(a) * * *
(1) A State may require a QHP to offer benefits in addition to the
essential health benefits. For plan years beginning before January 1,
2028, a benefit required by State action taking place on or before
December 31, 2011, a benefit required by State action for purposes of
compliance with Federal requirements, or a benefit covered in the
State's EHB-benchmark plan is considered an EHB. A benefit required by
State action taking place on or after January 1, 2012, other than for
purposes of compliance with Federal requirements, that is not a benefit
covered in the State's EHB-benchmark plan is considered in addition to
the essential health benefits.
(2) For plan years beginning on or after January 1, 2028, a State
may require a QHP to cover benefits in addition to the essential health
benefits, which are any State-required benefits that are:
(i) Required by a State action taking place after December 31,
2011;
(ii) Applicable to the small group and/or individual markets;
(iii) Specific to required care, treatment, or services; and
(iv) Not required by State action for purposes of compliance with
Federal requirements.
(3) A State must make payments in accordance with paragraph (b) of
this section to defray the cost of any State-required benefits in
addition to the EHB.
* * * * *
Sec. 156.130 [Corrected]
0
2. On page 29874, first column, last paragraph, amendatory instruction
24 for Sec. 156.130, line 2, the phrase ``revising paragraph (a)(2)''
is corrected to read ``revising paragraph (a)(2) introductory text.''
Liesl I. Fowler,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2026-14709 Filed 7-17-26; 4:15 pm]
BILLING CODE 4169-69-P