United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2001_register executive 2010-09-24 article Rules and Regulations D09002ee1c81d98df D09002ee1c81d9986 United States Department of Health and Human Services originator org United States Government Agency or Subagency United States Health Care Financing Administration originator org United States Government Agency or Subagency This final rule temporarily delays the effective date of the final rule entitled "Medicaid Managed Care" that was published on January 19, 2001 in the Federal Register (66 FR 6228). That final rule amends the Medicaid regulations to implement provisions of the Balanced Budget Act of 1997 (BBA), which revised various aspects of the Medicaid law as it applies to managed care programs. On February 26, 2001, we initially delayed the effective date of the final rule from April 19, 2001 until June 18, 2001. This temporary 60-day delay of effective date was necessary to give Department officials the opportunity for further review and consideration of these regulations. We have determined that a short additional period is required properly to consider these issues. We therefore delay the effective date of this rule until August 17, 2001. Therefore, provisions of the rule that must be implemented through contracts with managed care organizations, prepaid health plans, health insuring organizations, or enrollment brokers are effective with respect to contracts that are up for renewal or renegotiation on or after August 17, 2001, but no later than August 18, 2002. To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(3)(a). Alternatively, HCFA's delay of implementation of this rule without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based on the good cause exceptions in 5 U.S.C. sections 553(b)(3)(B) and 553(d)(3), in that seeking public comment is impracticable, unnecessary, and contrary to the public interest. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, because the time available before the effective date is too short for meaningful comment. Moreover, to the extent that seeking public comment would preclude this delay, it would be contrary to the public interest in the orderly promulgation and implementation of regulations in light of the development of necessary revisions. The immediate delay is necessary to prevent application of inconsistent standards while we issue the necessary revisions. 66 FR 32776 https://www.govinfo.gov/app/details/FR-2001-06-18/01-15400 01-15400 fr18jn01-25 RIN 0938-AI70 4120-01-P HCFA-2001-F3 https://www.govinfo.gov/app/details/FR-2001-06-18/01-15400 https://www.govinfo.gov/content/pkg/FR-2001-06-18/html/01-15400.htm https://www.govinfo.gov/content/pkg/FR-2001-06-18/pdf/01-15400.pdf 2 p. 32776 32777 66 FR 32776 Title 42 Part 400 42 CFR Part 400 Title 42 Part 430 42 CFR Part 430 Title 42 Part 431 42 CFR Part 431 Title 42 Part 434 42 CFR Part 434 Title 42 Part 435 42 CFR Part 435 Title 42 Part 438 42 CFR Part 438 Title 42 Part 440 42 CFR Part 440 Title 42 Part 447 42 CFR Part 447 RIN 0938-AI70 Medicaid Program; Medicaid Managed Care: Further Delay of Effective Date; Federal Register Vol. 66, Issue RULE 01-15400 DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration 2001-01-19 2001-08-17 HCFA-2001-F3 4120-01-P 01-15400 Final rule; Further delay of effective date.

This final rule temporarily delays the effective date of the final rule entitled "Medicaid Managed Care" that was published on January 19, 2001 in the Federal Register (66 FR 6228). That final rule amends the Medicaid regulations to implement provisions of the Balanced Budget Act of 1997 (BBA), which revised various aspects of the Medicaid law as it applies to managed care programs. On February 26, 2001, we initially delayed the effective date of the final rule from April 19, 2001 until June 18, 2001. This temporary 60-day delay of effective date was necessary to give Department officials the opportunity for further review and consideration of these regulations. We have determined that a short additional period is required properly to consider these issues. We therefore delay the effective date of this rule until August 17, 2001. Therefore, provisions of the rule that must be implemented through contracts with managed care organizations, prepaid health plans, health insuring organizations, or enrollment brokers are effective with respect to contracts that are up for renewal or renegotiation on or after August 17, 2001, but no later than August 18, 2002. To the extent that 5 U.S.C. section 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. section 553(b)(3)(a). Alternatively, HCFA's delay of implementation of this rule without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based on the good cause exceptions in 5 U.S.C. sections 553(b)(3)(B) and 553(d)(3), in that seeking public comment is impracticable, unnecessary, and contrary to the public interest. Given the imminence of the effective date, seeking prior public comment on this temporary delay would have been impractical, because the time available before the effective date is too short for meaningful comment. Moreover, to the extent that seeking public comment would preclude this delay, it would be contrary to the public interest in the orderly promulgation and implementation of regulations in light of the development of necessary revisions. The immediate delay is necessary to prevent application of inconsistent standards while we issue the necessary revisions.

The effective date of the final rule with comment amending 42 CFR parts 400, 430, 431, 434, 435, 438, 440, and 447 that was published in the January 19, 2001 Federal Register (66 FR 6227) and delayed until June 18, 2001 in the February 26, 2001 Federal Register (66 FR 11546), is further delayed until August 17, 2001. Additionally, the implementation date of the rule is delayed until August 17, 2001. Deirdre Duzor, (410) 786-4626. Medicaid: Managed care Effective date delay, Vol. 66, no. 117 Office of the Federal Register, National Archives and Records Administration 2001-06-18 continuing daily deposited born digital 193 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2001-06-18 P0b002ee180a13f27 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr18jn01 https://www.govinfo.gov/app/details/FR-2001-06-18 https://www.govinfo.gov/content/pkg/FR-2001-06-18/pdf/FR-2001-06-18.pdf https://www.govinfo.gov/content/pkg/FR-2001-06-18/xml/FR-2001-06-18.xml fdlp 32713 32875 DGPO 2010-09-24 2024-06-08 FR-2001-06-18 machine generated eng FR FR-2001-06-18 66 117